[Federal Register Volume 71, Number 41 (Thursday, March 2, 2006)]
[Rules and Regulations]
[Pages 10610-10611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1934]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2522

RIN 3045-AA46


AmeriCorps Grant Applications From Professional Corps

ACTION: Direct final rule; request for comments.

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SUMMARY: This direct final action amends title 45 Code of Federal 
Regulations, part 2522.240(b)(2), to remove the restriction on certain 
professional corps programs from applying through State Commissions for 
AmeriCorps State competitive funds. The amendment realigns the 
regulations with the authorizing statutory language.

DATES: The direct final rule is effective May 1, 2006, without further 
notice, unless the Corporation receives adverse written comments by 
April 3, 2006. If the Corporation receives any adverse comments, we 
will publish a timely withdrawal in the Federal Register indicating 
that we are withdrawing the amendment due to adverse comments.

ADDRESSES: You may mail or deliver your comments to Nicola Goren, 
Associate General Counsel, Corporation for National and Community 
Service, 1201 New York Avenue, NW., Room 10611, Washington, DC 20525. 
You may also send your comments by facsimile transmission to (202) 606-
3467, or send them electronically to [email protected] 
or through the Federal Government's one-stop rulemaking Web site at 
http://www.regulations.gov. Members of the public may review copies of 
all communications received on this rulemaking at the Corporation's 
Washington DC headquarters.
    During and after the comment period, you may inspect all public 
comments about this rule in suite 10600, 1201 New York Avenue, NW., 
Washington, DC, between the hours of 9 a.m. and 4:30 p.m., eastern 
time, Monday through Friday of each week except Federal holidays.
    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 rule. If you want to schedule an appointment 
for this type of aid, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Nicola Goren, Associate General 
Counsel, Corporation for National and Community Service, (202) 606-
6676. T.D.D. (202) 606-3472. Persons with visual impairments may 
request this rule in an alternative format.

SUPPLEMENTARY INFORMATION:

I. Background

    The National and Community Service Act of 1990 sets a maximum 
allowable living allowance for full-time AmeriCorps programs, but 
provides an exception to that maximum for certain professional corps 
programs. Specifically, section 140(c) allows professional corps to 
provide a living allowance in excess of the statutory maximum if the 
professional corps meets several conditions. At issue for purposes of 
this rule is the statutory requirement that, to be allowed to provide a 
living allowance in excess of the maximum, the applicant professional 
corps may apply for AmeriCorps funds only ``by submitting an 
application to the Corporation for assistance on a competitive basis.'' 
In essence, this means that, under the statute, professional corps 
programs wishing to provide a living allowance in

[[Page 10611]]

excess of the maximum allowable living allowance may apply for State 
competitive funds through a State commission, or directly to the 
Corporation as part of a National Direct or National Professional Corps 
program, or any other National program, including Direct programs for 
States or Territories without a State commission. Such a professional 
corps may not apply for funds through a State commission's formula 
application process.
    When the Corporation published regulations implementing the 
AmeriCorps program in 1994, the regulatory provision implementing this 
statutory exception went further than the statute requires by requiring 
professional corps programs seeking an exemption from the maximum 
living allowance to apply only directly to the Corporation. This 
excluded those professional corps programs wishing to provide a living 
allowance in excess of the maximum from applying for State competitive 
funding.
    In July 2005, the Corporation published a final AmeriCorps rule 
which, among other things, reinforced the Corporation's commitment to 
professional corps and low-cost AmeriCorps programs, and encouraged 
States to include them in their portfolios as a way to reduce costs. At 
the time we issued that rule, we did not include an amendment to this 
pre-existing regulatory provision. This amendment brings the 
Corporation's regulations into alignment with the authorizing statute 
and the Corporation's support for professional corps programs.

II. Final Action and Comments

    The Corporation is issuing the amendment as a direct final rule, 
without prior proposal, under the good cause exception for notice and 
public procedure under the Administrative Procedure Act (5 U.S.C. 
553(b)(3)(B)), because we view the revision as non-controversial and 
anticipate no adverse comments. However, in the Proposed Rules section 
of this Federal Register, we are publishing a separate document that 
will serve as the proposal to amend 45 CFR 2522.240(b)(2) if adverse 
comments are filed. This direct final rule will be effective May 1, 
2006, without further notice, unless the Corporation receives adverse 
comments by April 3, 2006.
    If the Corporation receives adverse comments, the Corporation will 
publish a document withdrawing the final rule and informing the public 
that the rule will not take effect. The Corporation will then address 
public comments received in a subsequent final rule based on the 
proposed rule. The Corporation will not institute a second comment 
period. Any one interested in commenting should do so at this time. If 
the Corporation receives no adverse comments, this rule will be 
effective on May 1, 2006, and no further action will be taken on the 
proposed rule.

III. Statutory and Executive Order Reviews

Executive Order 12866

    The Corporation has determined that this direct final rule, while a 
significant regulatory action, is not an ``economically significant'' 
rule within the meaning of E.O. 12866 because it is not likely to 
result in: (1) An annual effect on the economy of $100 million or more, 
or an adverse and material effect on a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal government or communities; (2) the 
creation of a serious inconsistency or interference with an action 
taken or planned by another agency; (3) a material alteration in the 
budgetary impacts of entitlement, grants, user fees, or loan programs 
or the rights and obligations of recipients thereof; or (4) the raising 
of novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in E.O. 12866. As a 
``significant'' regulatory action, this rule was reviewed by the Office 
of Management and Budget (OMB).

Regulatory Flexibility Act

    The Corporation has determined that this regulatory action, if 
promulgated, will not result in a significant impact on a substantial 
number of small entities. Therefore, the Corporation has not performed 
the initial regulatory flexibility analysis that is required under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) for major rules that 
are expected to have such results.

Other Impact Analyses

    This action does not impose any new information collection burden 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq.
    For purposes of Title II of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this 
regulatory action does not contain any Federal mandate that may result 
in increased expenditures in either Federal, State, local, or tribal 
governments in the aggregate, or impose an annual burden exceeding $100 
million on the private sector.
    The direct final rule amendment does not have federalism 
implications. It will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive 13132.
    The direct final rule does not have tribal implications as 
specified in Executive Order 13175. The rule will not have a 
substantial direct effect on tribal governments, on the relationship 
between the Federal Government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes.

List of Subjects in 45 CFR Part 2522

    Grant programs-social programs, Reporting and recordkeeping 
requirements, Volunteers.


0
For the reasons stated in the preamble, the Corporation for National 
and Community Service amends chapter XXV, title 45 of the Code of 
Federal Regulations as follows:

PART 2522--AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS

0
1. The authority citation for part 2522 continues to read as follows:

    Authority: 42 U.S.C. 12571-12595.


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2. Amend Sec.  2522.240 by revising paragraph (b)(2)(ii) to read as 
follows:


Sec.  2522.240  What financial benefits do AmeriCorps participants 
serving in approved AmeriCorps positions receive?

* * * * *
    (b) * * *
    (2) * * *
    (ii) The program must be operated directly by the applicant, 
selected on a competitive basis by submitting an application to the 
Corporation, and may not be included in a State's application for 
AmeriCorps program funds distributed by formula under Sec.  
2521.30(a)(2) of this chapter.
* * * * *

    Dated: February 24, 2006.
Frank R. Trinity,
General Counsel.
[FR Doc. 06-1934 Filed 3-1-06; 8:45 am]
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