[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Notices]
[Pages 45024-45026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17173]


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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 extension of project period and waivers.

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SUMMARY: We hereby 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 waive these requirements 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 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 will not announce a new 
competition or make new awards in FY 2004.

DATES: This notice of extension of project period and waivers is 
effective July 28, 2004.

FOR FURTHER INFORMATION CONTACT: Sharon A. Jones, U.S. Department of 
Education, Office of Vocational and Adult Education, 400 Maryland 
Avenue, SW., room 11108, Potomac Center Plaza, Washington, DC 20202-
7120. Telephone (202) 245-7803.
    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 extension 
of project period and waivers in an alternative format (e.g., Braille, 
large print, audiotape, or computer diskette) on request to the contact 
person listed under FOR FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: On April 27, 2004, we published a notice in 
the Federal Register (69 FR 22772) proposing an extension of project 
period and waivers to continue the five-year cooperative agreements we 
entered into in FY 1999 with the University of Minnesota for the 
National Research Center for Career and Technical Education and with 
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 
proposed not to hold a competition in FY 2004 for projects that might 
then operate for just one year, as grantees would not have time to 
establish and operate effective projects. We stated in the Federal 
Register notice that we were 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 that we did not think that it 
would be in the public interest to do so in this case.
    Accordingly, we proposed to review requests for continuation awards 
from

[[Page 45025]]

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 FY 
2004.

Public Comment

    In response to the Secretary's invitation in the notice of proposed 
extension of project period and waivers, 17 parties submitted comments, 
all of which supported our proposed actions.

Waiver of Delayed Effective Date

    The Administrative Procedure Act requires that a substantive rule 
shall be published at least 30 days before its effective date, except 
as otherwise provided for good cause (5 U.S.C. 553(d)(3)). During the 
30-day public comment period we did not receive any comments objecting 
to the proposed extension of project period and waivers. For this 
reason, and in order to make timely continuation grants to the entities 
affected, the Secretary has determined that a delayed effective date is 
not required.

Waivers of Education Department General Administrative Regulations

    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.
    These waivers mean that: (1) The project period for the two 
National Centers grantees that received grants under the FY 1999 
competition could 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 will not announce a new 
competition in FY 2004 or make new awards in FY 2004, (4) the notice 
inviting applications for new awards for FY 1999 under this program, 
published in the Federal Register on May 19, 1999 (64 FR 27410) will 
govern any projects we extend under this notice, and (5) the approved 
applications submitted by the two current grantees will govern any 
continuation awards they receive.

Continuation of the Current Grantee Awards

    We will make continuation awards for the National Centers using 
cooperative agreements. Therefore, we will 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.
    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 will 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 Pub. L. 101-510, or as extending 
the availability of FY 1999 funds awarded to the grantees. As a result 
of Pub. L. 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 extension of project period and 
waivers and the activities required to support additional years of 
funding will not have a significant economic impact on a substantial 
number of small entities. The two 1999 grantees currently receiving 
Federal funds are not ``small entities,'' as defined in the Regulatory 
Flexibility Act.
    The small entities that are likely to be affected by this extension 
of project period and waivers are the following entities that are 
eligible for an award under the National Centers authority:
    (1) Institutions of higher education.
    (2) Public or private nonprofit organizations or agencies.
    The extension of project period and waivers will not have a 
significant economic impact on these small entities.

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 
were 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 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

    In the notice of proposed extension of project period and waivers, 
published in the Federal Register on April 27, 2004 (69 FR 22772), we 
requested comments on whether the 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.
    Based on the response to the notice of proposed extension of 
project period and waivers and our own review, we have determined that 
this final notice of extension of project period and waivers does not 
require transmission of information that any other agency or

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authority of the United States gathers or makes available.

Electronic Access to This Document

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    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
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(Catalog of Federal Domestic Assistance Number 84.051 National 
Research Centers)

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

    Dated: July 22, 2004.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 04-17173 Filed 7-27-04; 8:45 am]
BILLING CODE 4000-01-P