[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Pages 46899-46901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18622]


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DEPARTMENT OF EDUCATION


Notice of Waiver for the Adult Education and Family Literacy Act 
to Certain Outlying Areas

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

[[Page 46900]]


ACTION: Notice of Waiver for the Adult Education and Family Literacy 
Act to Certain Outlying Areas.

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SUMMARY: The Secretary waives the requirements in 34 CFR 75.250 and 34 
CFR 75.261(c)(2) of the Education Department General Administrative 
Regulations (EDGAR) to enable the funding of continuation grants for 
certain outlying areas under section 211(e) of the Adult Education and 
Family Literacy Act (AEFLA). This waiver enables the current eligible 
grantees to continue to receive Federal funding beyond the five-year 
limitation contained in 34 CFR 75.250.

DATES: This notice is effective August 12, 2008.

FOR FURTHER INFORMATION CONTACT: Sarah Newcomb, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 11007, Potomac Center Plaza, 
Washington, DC 20202-7240. Telephone (202) 245-7754 or e-mail: 
[email protected].
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain a copy of this document in 
an alternative format (e.g., Braille, large print, audiotape, or 
computer diskette) by contacting the program contact person listed in 
this section.

SUPPLEMENTARY INFORMATION:
    Background: The Office of Vocational and Adult Education awarded a 
discretionary grant on September 1, 2003, under the provisions of 
section 211(e) of the AEFLA to a group of applicants that included 
American Samoa, Guam, Northern Marianas, and Palau. Each member of the 
group could have applied for, and competed with, the other members of 
the group for section 211(e) funds. However, the applicants decided to 
file a joint application naming the Northern Marianas College (NMC) as 
the designated grantee on behalf of the group so that all parties could 
benefit under a common application. Joint applications of this type are 
authorized in 34 CFR 75.127 through 129 of EDGAR. AEFLA funds under the 
grant are targeted to the training of adult educators from all members 
of the group. No entities other than those in the group are eligible to 
receive funding under section 211(e).
    The project period for the current award to the group ends on 
August 31, 2008. Congress has appropriated funding for AEFLA, including 
section 211(e), for both fiscal year 2007 and fiscal year 2008. The 
Department normally would conduct a new competition because the funding 
for the current grant, obtained from the fiscal year 2002 through 2006 
appropriations, was available to the group beginning in 2003, and under 
34 CFR 75.250 the project period generally lasts no longer than 60 
months.
    On July 7, 2008, in accordance with section 553(b) of the 
Administrative Procedure Act (APA), the Department gave actual notice 
to all current eligible grantees of our proposal to waive 34 CFR 75.250 
and 34 CFR 75.261(c)(2) and to fund continuation grants instead of 
holding a new grant competition, and invited their comments on our 
proposal. The notice also provided the current designated grantee with 
an opportunity to submit specific information regarding the grant and 
any plans to improve its current implementation. This waiver will 
enable the Secretary to provide additional funds to all current, 
eligible grantees for additional periods for as long Congress continues 
to appropriate funds under the current legal authority in section 
211(e) of AEFLA and possibly during a transition to any new program 
authorities Congress might create if and when it chooses to reauthorize 
AEFLA. There is no substantive difference between the actual notice of 
our proposal and this notice of funding of continuation grants and 
waiver. Therefore, all affected parties were provided actual notice of 
the Department's proposal and an opportunity to comment in lieu of 
publication of a notice of proposed rulemaking in the Federal Register.

Comment

    In response to the actual notice of proposed funding of 
continuation grants and waiver, and our invitation to comment, five 
parties submitted comments supporting the proposed waiver and the 
proposal to continue funding for all current, eligible grantees. During 
this period, the current designated grantee also submitted a written 
agreement, including a program narrative, signed by all the outlying 
areas eligible for funding, that describes the activities that NMC 
intends to carry out with funds under a continuation grant. In light of 
these positive comments and the additional information, we have not 
made any substantive changes to our proposal.

Waiver of Delayed Effective Date

    The APA requires that a substantive rule be published at least 30 
days before its effective date, except as otherwise provided for good 
cause (5 U.S.C. 553(d)(3)). We provided all affected entities an 
opportunity to submit comments on the Secretary's proposal to waive 34 
CFR 75.250 in order to continue the current grant. All of the comments 
that we received support our proposal. In addition, given that the 
current grant ends on August 31, 2008, and in order to avoid any lapse 
in funding under this program, the Secretary has determined that a 
delayed effective date is unnecessary and contrary to the public 
interest.

Waiver of 34 CFR 75.250 and 75.261(c)(2)

    In determining how to implement section 211(e) this year, the 
Department considered the relatively small amount of funds appropriated 
under section 211(e) for fiscal years (FYs) 2007 and 2008 ($61,257 and 
$65,131, respectively), the burden on group members in having to file 
either new competitive applications or a new group application, and the 
commitment of time and resources a new competition would require of the 
Department and Pacific Resources for Education and Learning (PREL) in 
Honolulu, which would be required by section 211(e)(2) of AEFLA to make 
recommendations in a new competition. The Department also has 
considered the fact that all the entities eligible for funding under 
section 211(e) are members of the group and receive services through 
the current grant.
    In light of these factors, the Department waives the 60-month limit 
on the project period established by 34 CFR 75.250 for the existing 
grant award. The Department plans to continue funding the current 
grant, rather than conducting a new competition, if the designated 
grantee submits further satisfactory information regarding its 
performance under the current grant and its plans to improve 
implementation of the grant. The Department also waives 34 CFR 
75.261(c)(2), which limits the extension of a project period. The 
Department is waiving this additional regulation in order to be able to 
continue the current grant with FY 2007 and 2008 funds.
    The Department's waiver of the regulations and continued funding of 
the current grant would extend as long as Congress continues to 
appropriate funds under the current legal authority in section 211(e), 
and possibly during a transition to any new program authorities 
Congress might create with respect to members of the group if and when 
it reauthorizes AEFLA. However, the continuation would initially only 
be from FY 2007 funds. The waiver would not affect any other legal 
provisions governing the grant to group members, including the 
requirement that

[[Page 46901]]

continuation of the grant would depend on the group's meeting the 
requirements of 34 CFR 75.253. Among other things, Sec.  75.253 
conditions continuation of a grant on the grantee's having made 
substantial progress toward meeting the objectives in its approved 
application. The grantee also would have to comply with any special 
conditions of the grant established by the Department in order to 
receive further continuation funding from the FY 2008 or any future 
appropriation.
    The waivers of 34 CFR 75.250 and 75.261(c)(2) do not exempt the 
group from the account closing provisions of 31 U.S.C. 1552(a), nor 
would they extend the availability of funds previously awarded the 
group. Under 31 U.S.C. 1552(a), appropriations available for a limited 
period may be used for payment 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 will 
be canceled and returned to the U.S. Treasury Department and will be 
unavailable for restoration for any purpose.
    The Department believes that its waiver of regulations and 
continued funding of the group application is in the best interests of 
the members of the group application and the public interest.

Instructions for Requesting a Continuation Award Under EDGAR Part 75

    Under applicable EDGAR provisions, a grantee wishing to receive an 
annual continuation grant must submit a performance report providing 
the most current performance and financial expenditure information on 
its project. A grantee must also submit a budget and budget narrative 
each year it requests a continuation award. (34 CFR 75.253(c)(2)). In 
addition, a grantee must submit a program narrative that describes the 
activities it intends to carry out with a continuation award. The 
activities described must be consistent with, or be a logical extension 
of, the scope, goals, and objectives of the grantee's approved 
application. (34 CFR 75.261(c)(3)). The Department will award a 
continuation grant each year only if the grantee submits a satisfactory 
performance report, budget and budget narrative, and program narrative.

Regulatory Flexibility Act Certification

    The Secretary certifies that this notice of waiver will not have a 
significant economic impact on a substantial number of small entities. 
The only entities that would be affected are American Samoa Community 
College; Guam Community College; Northern Marianas College, the grantee 
of the group; Ministry of Education Republic of Palau; and PREL.

Paperwork Reduction Act of 1995

    This notice of waiver does not contain any information collection 
requirements.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
Order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive Order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Assessment of Educational Impact

    Based on our own review, we have determined that this notice of 
waiver does not require transmission of information that any other 
agency or authority of the United States gathers or makes available.

Electronic Access to This Document

    You can view this document, as well as all other documents of this 
Department 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: 84.002A Outlying 
Area portion of the State Grant Program)

    Program Authority: 20 U.S.C. 9211(e).

    Dated: August 7, 2008.
Troy R. Justesen,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. E8-18622 Filed 8-11-08; 8:45 am]
BILLING CODE 4000-01-P