[Federal Register Volume 69, Number 81 (Tuesday, April 27, 2004)]
[Notices]
[Pages 22772-22774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9549]


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DEPARTMENT OF EDUCATION


National Research Center for Career and Technical Education and 
National Dissemination Center for Career and Technical Education

AGENCY: Office of Vocational and Adult Education, Department of 
Education.

ACTION: Notice of proposed extension of project period and waivers.

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SUMMARY: We propose to waive the requirements in 34 CFR 75.261(c)(2) 
and 75.250 as they apply to the projects funded in Fiscal Year (FY) 
1999 under the National Research Centers authority of section 114(c)(5) 
and (6)(A) of the Carl D. Perkins Vocational and Technical Education 
Act of 1998 (the Perkins Act). We propose these waivers in order to be 
able to extend the project periods for the two current grants awarded 
under the FY 1999 National Research Centers (National Center or 
Centers) competition.
    The waivers as proposed would mean that: (1) Current grants may be 
continued at least through 2005 (and possibly for subsequent years, 
depending on the availability of appropriations for the National 
Centers in those years under the current statutory authority for the 
National Centers), instead of ending in 2004, and (2) we would not 
announce a new competition or make new awards in 2004.
    We are requesting public comments on the proposed extension of 
project period and waivers.

DATES: We must receive your comments on or before May 27, 2004.

ADDRESSES: Address all comments about this proposed extension of 
project period and waivers to Ricardo Hernandez, U.S. Department of 
Education, Office of Vocational and Adult Education, 400 Maryland 
Avenue, SW., room 11138, Potomac Center Plaza, Washington, DC 20202-
7120 or Nancy L. Raynor, U.S. Department of Education, Office of 
Vocational and Adult Education, 400 Maryland Avenue, SW., room 11040, 
Potomac Center Plaza, Washington, DC 20202-7241. If you

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prefer to send your comments through the Internet, use either one of 
the following addresses:
    [email protected] or
    [email protected]

FOR FURTHER INFORMATION CONTACT: Ricardo Hernandez or Nancy Raynor. 
Telephone (202) 245-7818 or (202) 245-7740, respectively.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this notice of proposed 
extension of project period and waivers in an alternative format (e.g., 
Braille, large print, audiotape, or computer diskette) on request to 
the contact persons listed under FOR FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Invitation To Comment

    We invite you to submit comments regarding this proposed extension 
of project period and these proposed waivers. We are particularly 
interested in receiving comments on the potential impact the extension 
and waivers may have on the National Research Center for Career and 
Technical Education and the National Dissemination Center for Career 
and Technical Education, on potential eligible applicants under the 
National Centers authority, and on the entities served by these 
Centers.
    Additionally, we invite you to assist us in complying with the 
specific requirements of Executive Order 12866 and its overall 
requirement of reducing regulatory burden that might result from this 
proposed extension of project period and waivers. Please let us know of 
any further opportunities we should take to reduce potential costs or 
increase potential benefits while preserving the effective and 
efficient administration of the National Centers.
    During and after the comment period, you may inspect all public 
comments about this proposed extension of project period and waivers in 
room 11138 or room 11040, Potomac Center Plaza, 550 12th Street, SW., 
Washington, DC, 7110 between the hours of 8 a.m. and 4 p.m., Eastern 
time, Monday through Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for this proposed extension of project period and 
waivers. If you want to schedule an appointment for this type of aid, 
please contact the persons listed under FOR FURTHER INFORMATION 
CONTACT.

Background

    On May 19, 1999, we published a notice in the Federal Register (64 
FR 27410) inviting applications for new awards for FY 1999 for: (1) The 
National Research Center for Career and Technical Education, the 
purpose of which is to design and conduct, using a variety of 
approaches, research, development, and evaluation activities consistent 
with the purposes of the Perkins Act, and (2) the National 
Dissemination Center for Career and Technical Education, the purpose of 
which is to design and conduct, using a variety of approaches, national 
level dissemination and professional development activities consistent 
with the purposes of the Perkins Act. In the FY 1999 competition, we 
awarded a five-year cooperative agreement to the University of 
Minnesota for the National Research Center for Career and Technical 
Education and a five-year cooperative agreement to The Ohio State 
University for the National Dissemination Center for Career and 
Technical Education. These cooperative agreements are now in their 
fifth year, during which the Department typically would hold a 
competition for new National Centers. However, the Perkins Act, which 
includes authorization for the National Centers, expired at the end of 
FY 2003. Although the Perkins Act was automatically extended for one 
year under section 422 of the General Education Provisions Act (20 
U.S.C. 1226a), with the uncertainties presented by the absence of 
authorizing legislation for the National Centers beyond 2004, we do not 
believe it would be advisable to hold a competition in 2004 for 
projects that would then operate for just one year, as grantees would 
not have time to establish and operate effective projects. Also, we are 
generally reluctant to announce a competition under which eligible 
entities would proceed through the application preparation and 
submission process while lacking critical information about the future 
of the program, and do not think that it would be in the public 
interest to do so in this case.
    We believe, therefore, that it is preferable and in the best 
interest of the education community for us to review requests for 
continuation awards from the University of Minnesota (National Research 
Center for Career and Technical Education) and The Ohio State 
University (National Dissemination Center for Career and Technical 
Education) and extend the currently funded projects, rather than hold a 
new competition in 2004. We believe that holding a competition this 
year for new National Centers would create an unnecessary burden for 
potential grantees. Under the circumstances, authorizing current 
National Center grantees to request continuation awards would be a more 
appropriate and effective means for allowing these entities to continue 
their projects under this program and would also result in a more cost-
effective use of Federal funds.

Education Department General Administrative Regulations Requirements

    In order to provide for continuation awards after the fifth year of 
the National Centers' cooperative agreements, we must waive the 
requirements in: (1) 34 CFR 75.250, which provides that the Secretary 
may approve a project period of up to 60 months, and (2) 34 CFR 
75.261(c)(2), which establishes the conditions for extending a project 
period, including prohibiting the extension of a program's project 
period if it involves the obligation of additional Federal funds.
    The waivers as proposed would mean that: (1) The project period for 
the two National Centers grantees that received grants under the FY 
1999 competition would be extended to December 31, 2005, instead of 
ending in December 2004, (2) continuation awards could be made for any 
additional year or years for which Congress appropriates funds under 
the existing statutory authority, (3) we would not announce a new 
competition in 2004 or make new awards in 2004, (4) the May 19, 1999, 
Federal Register notice (64 FR 27410) inviting applications for FY 1999 
would govern the projects we propose to extend under this notice, and 
(5) the approved applications submitted by the two current grantees 
would govern the continuation awards.

Continuation of the Current Grantees

    We would make continuation awards for the National Centers using 
cooperative agreements. Therefore, we would continue to expect the 
Department's interaction with the National Centers to be characterized 
by continuing and regular participation in the project, unusually close 
collaboration with the grantees, and intervention or direct operational 
involvement in the review and approval of project activities.

[[Page 22774]]

    Decisions regarding annual continuation awards will be based on the 
program narratives, budgets and budget narratives, and Grant 
Performance Reports submitted by grantees, and on the regulations in 34 
CFR 75.253.
    Consistent with 34 CFR 75.253, we would award continuation grants 
if we determine, based on information provided by each grantee, that 
each grantee is making substantial progress performing approved 
National Center grant activities.
    We do not interpret these waivers as exempting current grantees 
from the account closing provisions of Public Law 101-510, or as 
extending the availability of FY 2000 funds awarded to the grantees. As 
a result of Public Law 101-510, appropriations available for a limited 
period may be used for payments of valid obligations for only five 
years after the expiration of their period of availability for Federal 
obligation. After that time, the unexpended balance of those funds is 
canceled and returned to the Treasury Department and is unavailable for 
restoration for any purpose.

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed extension of project 
period and waivers and the activities required to support additional 
years of funding would not have a significant economic impact on a 
substantial number of small entities.
    The small entities that would be affected by this proposed 
extension of project period and waivers are the two FY 1999 grantees 
currently receiving Federal funds and the following entities that are 
eligible for an award under the National Centers authority:
    (1) An institution of higher education.
    (2) A public or private nonprofit organization or agency.
    The proposed extension of project period and waivers would not have 
a significant economic impact on these entities because the proposed 
extension of project period and waivers and the activities required to 
support the additional years of funding would not impose excessive 
regulatory burdens or require unnecessary Federal supervision. The 
proposed extension of project period and waivers would impose minimal 
requirements to ensure the proper expenditure of program funds, 
including requirements that are standard to continuation awards.

Instructions for Requesting a Continuation Award

    Generally, in order to receive a continuation grant, a grantee must 
submit an annual program narrative that describes the activities it 
intends to carry out during the year of the continuation award. The 
activities described must be consistent with, or be a logical extension 
of, the scope, goals, and objectives of the grantee's application 
approved under the FY 1999 National Research Centers competition and 
related cooperative agreements. A grantee must also submit a budget and 
budget narrative for each year for which it requests a continuation 
award. (34 CFR 75.253(c)(2)). A grantee should request a continuation 
award at least 60 days before its current grant expires. A grantee may 
request a continuation award for any year for which Congress 
appropriates funds under the current statutory authority.

Amount of New Awards Under Continuation Grant

    The actual amount of any continuation award depends on factors such 
as: (1) The grantee's written statement describing how the funds made 
available under the continuation award will be used, (2) a cost 
analysis of the grantee's budget by the Department, and (3) whether the 
unobligated funds made available are needed to complete activities that 
are planned for completion in the prior budget period. (34 CFR 75.232 
and 75.253(c)(2)(ii) and (3)).

Paperwork Reduction Act of 1995

    This notice of proposed extension of project period and waivers 
does not contain any information collection requirements.

Intergovernmental Review

    This program is not subject to Executive Order 12372 and the 
regulations in 34 CFR part 79.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether this 
proposed extension of project period and waivers would require 
transmission of information that any other agency or authority of the 
United States gathers or makes available.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.

(Catalog of Federal Domestic Assistance Number 84.051 National Research 
Centers.)

    Program Authority: 20 U.S.C. 2324(c)(5) and (6)(A).

    Dated: April 21, 2004.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 04-9549 Filed 4-26-04; 8:45 am]
BILLING CODE 4000-01-P