[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Rules and Regulations]
[Pages 23712-23713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10239]


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DEPARTMENT OF EDUCATION

34 CFR Part 222

RIN 1810-AA94


Impact Aid Programs

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final regulations.

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SUMMARY: The Secretary of Education amends the regulations governing 
the Impact Aid Discretionary Construction program, authorized under 
section 8007(b) of the Elementary and Secondary Education Act of 1965, 
as amended. This program provides competitive grants for emergency 
repairs and modernization of school facilities to certain eligible 
local educational agencies (LEAs) that receive Impact Aid formula 
funds. These final regulations amend a requirement for applying for 
these Impact Aid funds and will improve the administration and 
distribution of funds under this program. These final regulations apply 
to grant competitions in fiscal year (FY) 2012 and later years.

DATES: These regulations are effective May 31, 2011.

FOR FURTHER INFORMATION CONTACT: Kristen Walls-Rivas, Impact Aid 
Program, U.S. Department of Education, 400 Maryland Avenue, SW., 
Washington, DC 20202. Telephone: (202) 260-1357 or via 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 this document in an 
accessible 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 August 13, 2010, the Secretary published 
a notice of proposed rulemaking (NPRM) for the Impact Aid Discretionary 
Construction program in the Federal Register (75 FR 49432). That notice 
contained background information and our reasons for proposing the 
particular changes to the regulations, which were proposed to limit 
Impact Aid Discretionary Construction program applicants to one 
application per year and one school per application.
    There are no differences between the NPRM and these final 
regulations.

Analysis of Comments

    In response to our invitation in the NPRM, three parties submitted 
comments, one of which was related to the proposed regulations and the 
rest of which were outside the scope of the proposed regulations. An 
analysis of the comments since publication of the NPRM follows. 
Generally, we do not address technical and other minor changes, or 
suggested changes the law does not authorize the Secretary to make.
    Comment: One commenter suggested that instead of limiting each 
applicant to one application addressing one construction project, each 
applicant's total receivable funds should be limited to a percentage of 
the total amount available for new awards, and applicants should 
continue to be allowed to submit multiple applications for multiple 
projects.
    Discussion: The program statute, which limits the amount of funds 
provided under emergency or modernization grants at $4 million per LEA 
over 4 years (or no limit for LEAs with no practical capacity to issue 
bonds), precludes the Department from specifying a maximum award amount 
per LEA based on other criteria, such as a percentage of the total 
amount of funding available. Because the total award amount varies from 
year to year, assigning a fixed percentage cap could have the effect of 
limiting some grantees' awards to levels less than the limit prescribed 
by the statute. The Department believes that these final regulations 
are the most effective course of action for ensuring that more 
applicants have the opportunity to receive grants to meet urgent 
emergency

[[Page 23713]]

and modernization needs in their school facilities.
    Changes: None.
    Comment: None.
    Discussion: Section 222.183 includes several examples immediately 
following paragraph (a) which, as a result of the substantive change 
proposed in the NPRM and made final in this document, are no longer 
necessary. Although we intended for the amendatory language in the NPRM 
to remove these examples, it is possible that our intent was not clear. 
Therefore, we are adding specific instructions in the amendatory 
language to remove these examples from the regulatory text. We are 
making this change for clarification purposes only.
    Change: We have added specific instructions to the amendatory 
language to make clear that we are removing the examples immediately 
following paragraph (a) in Sec.  222.183.

Executive Order 12866

    We have reviewed these final regulations in accordance with 
Executive Order 12866. Under the terms of the order, we have assessed 
the potential costs and benefits of this final regulatory action.
    We have determined that this final regulatory action does not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.

Summary of Potential Costs and Benefits

    These final regulations are likely to benefit both small and large 
entities in that they will provide more equitable opportunities for 
funding of school construction needs.
    These final regulations impose no additional administrative or 
paperwork burden requirements on applicants and no additional 
requirements with which grant recipients must comply.
    The Department incurs no or minimal additional costs to implement 
these final regulations. In assessing the potential costs and 
benefits--both quantitative and qualitative--of this final regulatory 
action, we have determined that the benefits of the final regulations 
justify the costs.

Paperwork Reduction Act of 1995

    These final regulations do not contain any information collection 
requirements.

Intergovernmental Review

    This program is subject to the requirements of Executive Order 
12372 and the regulations in 34 CFR Part 79. The objective of the 
Executive order is to foster an intergovernmental partnership and a 
strengthened federalism by relying on processes developed by State and 
local governments for coordination and review of proposed Federal 
financial assistance.
    In accordance with the order, we intend this document to provide 
early notification of our specific plans and actions for this program.

Assessment of Educational Impact

    Based on the response to the NPRM and our review, we have 
determined that these final regulations do 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 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.

    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 via the Federal Digital System at: http://www.gpo.gov/fdsys.


    Catalog of Federal Domestic Assistance Number 84.041 Impact Aid 
Discretionary Construction Program.

List of Subjects in 34 CFR Part 222

    Education, Grant programs--education, Application procedures, 
Construction programs.

    Dated: April 22, 2011.
Thelma M[eacute]lendez de Santa Ana,
Assistant Secretary for Elementary and Secondary Education.
    For the reasons discussed in the preamble, the Secretary amends 
chapter II of title 34 of the Code of Federal Regulations as follows:

PART 222--IMPACT AID PROGRAMS

0
1. The authority citation for part 222 continues to read as follows:

    Authority:  20 U.S.C. 7701-7714, unless otherwise noted.


0
2. Section 222.183 is amended by:
0
a. Revising paragraph (a) as set forth below; and
0
b. Removing Examples 1, 2, and 3 following paragraph (a).
    The revision reads as follows:


Sec.  222.183  How does an LEA apply for a grant?

    (a) To apply for funds under this program, an LEA may submit only 
one application for one educational facility for each competition.
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[FR Doc. 2011-10239 Filed 4-27-11; 8:45 am]
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