[Federal Register Volume 77, Number 32 (Thursday, February 16, 2012)]
[Notices]
[Pages 9216-9217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3676]


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DEPARTMENT OF EDUCATION


Native American Career and Technical Education Program; Proposed 
Waivers and Extension of the Project Period; CFDA Number 84.101A

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

ACTION: Notice.

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SUMMARY: For 60-month projects funded in fiscal year (FY) 2007 under 
the Native American Career and Technical Education Program (NACTEP), 
the Secretary proposes to waive the regulations that generally restrict 
project periods to 60 months and that restrict project period 
extensions involving the obligation of additional Federal funds. The 
Secretary also proposes to extend the current NACTEP project periods 
through FY 2013. These proposed waivers and extension of the project 
period would enable the 30 current NACTEP grantees to request and 
continue to receive Federal funding beyond the 60-month limitation 
contained in the Department's regulations. Further, the waivers and 
extension, as proposed, would mean that we would not announce new 
awards in FY 2012.

DATES: We must receive your comments on or before March 19, 2012.

ADDRESSES: Submit all comments on this notice to Gwen Washington, U.S. 
Department of Education, 400 Maryland Avenue SW., room 11076, Potomac 
Center Plaza, Washington, DC 20202-7241; or Linda Mayo, U.S. Department 
of Education, 400 Maryland Avenue SW., Room 11075, Potomac Center 
Plaza, Washington, DC 20202-7241.
    If you prefer to send your comments by email, use one of the 
following addresses: [email protected] or [email protected]. You 
must include the term ``Proposed Waivers and Extension for NACTEP'' in 
the subject line of your message.

FOR FURTHER INFORMATION CONTACT: Gwen Washington, by telephone: (202) 
245-7790, or by email: [email protected]; or Linda Mayo, by 
telephone: (202) 245-7792, or by email: [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.

SUPPLEMENTARY INFORMATION:
    Invitation to Comment: We invite you to submit comments regarding 
this notice. We are particularly interested in receiving comments on 
the potential impact that these proposed waivers and extension may have 
on NACTEP and on potential applicants that would be eligible to apply 
for grant awards under any new NACTEP notice inviting applications, 
should there be one.
    Eligible applicants for NACTEP are:
    (a) Federally-recognized Indian tribes.
    (b) Tribal organizations.
    (c) Alaska Native entities.
    (d) Bureau-funded schools,\1\ except for Bureau-funded schools 
proposing to use their awards to support secondary school career and 
technical education programs.
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    \1\ Section 116(a)(2) of the Carl D. Perkins Career and 
Technical Education Act of 2006 defines the term ``Bureau-funded 
school'' as having the meaning given the term in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 2021).
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    (e) Consortia of one or more eligible tribes, tribal organizations, 
Alaska Native entities, or eligible Bureau-funded schools.
    During and after the comment period, you may inspect all public 
comments about these proposed waivers and extension in room 11076 or 
room 11075, Potomac Center Plaza, 550 12th Street SW., Washington, DC, 
between the hours of 8:30 a.m. and 4 p.m., Washington, DC time, Monday 
through Friday of each week, except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice of proposed waivers and 
extension. If you want to schedule an appointment for this type of aid, 
please contact the person listed

[[Page 9217]]

under FOR FURTHER INFORMATION CONTACT.

Background

    Current NACTEP grantees, selected based on the March 23, 2007, 
NACTEP notice inviting applications published in the Federal Register 
(72 FR 13770) (March 23, 2007, notice), operate career and technical 
education programs, as authorized by section 116(a) through (g) of the 
Carl D. Perkins Career and Technical Education Act of 2006 (Perkins Act 
or Act) (20 U.S.C. 2326(a)-(g)). The project period for the 30 NACTEP 
grantees is scheduled to end in FY 2012. For these projects, the 
Secretary proposes to waive the requirements of 34 CFR 75.250 and 34 
CFR 75.261(c)(2), which limit project periods extending beyond 60 
months and restrict project period extensions that involve the 
obligation of additional Federal funds. The Secretary also proposes to 
extend the current project period through FY 2013. The proposed waivers 
and extension would enable the 30 current NACTEP grantees to request 
and continue to receive Federal funds beyond the 60-month limitation 
set by 34 CFR 75.250, for one more year, through FY 2013.
    The Secretary makes these proposals because section 9 of the 
Perkins Act authorizes appropriations for activities under section 116 
of the Act through FY 2012 (20 U.S.C. 2307). With the potential for 
changes in the authorizing legislation for NACTEP beyond 2012, we do 
not believe it would be advisable to hold a new competition for multi-
year awards under NACTEP in FY 2012 for projects that may then operate 
for just one year. We are generally reluctant to announce a competition 
under which eligible entities would be expected to proceed through the 
application process while lacking critical information about the future 
of the program, and we do not think that it would be in the public 
interest to do so in this case.
    Rather than holding a new competition in FY 2012, we believe that 
it would be in the public interest and preferable for NACTEP for us to 
review requests for FY 2012 continuation awards from the 30 current 
grantees selected based on the March 23, 2007, notice and to extend 
currently funded projects, for one more year, through FY 2013. In lieu 
of announcing a new competition for this program in 2012, the Secretary 
proposes to waive the requirement in 34 CFR 75.250, which limits 
project periods to 60 months, and in 34 CFR 75.261(c)(2), which 
restricts project period extensions involving the obligation of 
additional Federal funds.
    With these proposed waivers and extension of the project period, 
currently-funded NACTEP grantees selected based on the March 23, 2007, 
notice inviting applications could be continued through the FY 2013 
budget and project period and we would not announce a new NACTEP 
competition in 2012.
    If these proposed waivers and extension of the project period are 
announced by us in a final notice, the requirements applicable to 
continuation awards for current NACTEP grantees selected based on the 
March 23, 2007, notice inviting applications and the requirements in 34 
CFR 75.253 would apply to any continuation awards sought by current 
NACTEP grantees. If we announce these waivers and extension as final, 
we will base our decisions regarding continuation awards on the program 
narratives, budgets, budget narratives, and program performance reports 
submitted by current grantees, and the requirements in 34 CFR 75.253. 
Any activities to be carried out during the year of the continuation 
award would have to be consistent with, or be a logical extension of, 
the scope, goals, and objectives of each grantee's application as 
approved in the 2007 NACTEP competition. If we publish these proposed 
waivers and extension as final, we would award continuation grants 
based on information provided to us by each grantee, indicating that it 
is making substantial progress performing its NACTEP grant activities.
    The proposed extension of the project period and waivers of 34 CFR 
75.250 and 75.261(c)(2) would not exempt the current NACTEP grantees 
from the appropriation account-closing provisions of 31 U.S.C. 1552(a), 
nor would they extend the availability of funds previously awarded to 
current NACTEP grantees. As a result of 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 is canceled and returned to the U.S. 
Treasury Department and is unavailable for restoration for any purpose 
(31 U.S.C. 1552(b)).

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed waivers and extension 
would not have a significant economic impact on a substantial number of 
small entities.
    The small entities that would be affected by these proposed waivers 
and extension are the 30 grantees selected based on the March 23, 2007, 
notice currently receiving Federal funds.
    The Secretary certifies that the proposed waivers and extension 
would not have a significant economic impact on these entities because 
the proposed waivers and extension impose minimal compliance costs to 
extend projects already in existence, and the activities required to 
support the additional year of funding would not impose additional 
regulatory burdens or require unnecessary Federal supervision.

Paperwork Reduction Act of 1995

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

Intergovernmental Review

    The NACTEP is not subject to Executive Order 12372 and the 
regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to either of the contact persons 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: 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: www.gpo.gov/fdsys. At this site 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). To use PDF 
you must have Adobe Acrobat Reader, which is available free at this 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Program Authority:  20 U.S.C. 2326(a) through (g).

    Dated: February 13, 2012.
Brenda Dann-Messier,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-3676 Filed 2-15-12; 8:45 am]
BILLING CODE 4000-01-P