[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Notices]
[Pages 30512-30514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12540]
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DEPARTMENT OF EDUCATION
Native American Career and Technical Education Program; Final
Waivers and Extension of Project Period
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice.
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Overview Information: Final Waivers and Extension of Project Period for
the Native American Career and Technical Education Program
Catalog of Federal Domestic Assistance (CFDA) Number: 84.101A.
SUMMARY: For 60-month projects funded in fiscal year (FY) 2007 under
the Native American Career and Technical Education Program (NACTEP),
the Secretary waives 34 CFR 75.250 and 75.261(c)(2) in order to extend
the
[[Page 30513]]
project period of these current NACTEP grants for an additional 12
months. This will enable the 30 current NACTEP grantees to seek FY 2012
continuation awards for their current projects through FY 2013, and we
will not announce a new NACTEP competition in FY 2012.
DATES: This notice of final waivers and extension of project period is
effective May 23, 2012.
FOR FURTHER INFORMATION CONTACT: Gwen Washington. Telephone: (202) 245-
7790, or by email: [email protected]. Linda Mayo. Telephone: (202)
245-7792, or by email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: On February 16, 2012, we published a notice
in the Federal Register (77 FR 9216) (February 2012 notice) proposing
to waive 34 CFR 75.250 and 75.261(c)(2), as they apply to NACTEP. These
regulations generally limit project periods to 60 months and prohibit
project period extensions involving the obligation of additional
Federal funds. In that notice, the Secretary also proposed to extend
the project period of NACTEP grants for an additional 12 months to
enable the 30 current NACTEP grantees to seek FY 2012 continuation
awards for their current projects through FY 2013; and to not announce
a new NACTEP competition in FY 2012.
Public Comment: In the February 2012 notice for NACTEP, the
Secretary invited comments about the potential effect the proposed
waivers and extension would have on NACTEP and on applicants that may
be eligible to apply for grant awards under any new NACTEP notice
inviting applications, should there be one. In response, we received 82
comments. Generally, we do not address comments that raise concerns not
related to the proposed waivers and extension. Of the 82 comments we
received, 81 supported the waivers, extension, and continuation of
current NACTEP grantees' awards, citing the benefits the NACTEP grants
provide to the Native American community.
Analysis of Comments and Changes
Comments: The vast majority, 81 of the 82 comments we received
supported the proposed waivers and extension of the NACTEP project
period. We heard from a variety of commenters, including tribal
community college deans and administrators, teachers, students, and a
project evaluator. The commenters provided various reasons for their
support of the waivers and extension, including: their judgment of
effectiveness of work being done by current NACTEP grantees in current
projects, the number of students served and placed in employment under
current projects, and the great need for funding such as that provided
by NACTEP in the Native American communities served by current
projects.
Several commenters stated that it would be difficult for eligible
entities to prepare NACTEP applications for short-term funding prior to
the reauthorization of the Carl D. Perkins Career and Technical
Education Act of 2006 (the Perkins Act). Other commenters stated that
with potential changes in the Perkins authorizing legislation for
NACTEP beyond FY 2012, it was not in the public interest to conduct a
NACTEP grant competition at this time.
Several commenters expressed the view that the waivers and
extension of the current project period would be necessary to allow
current students sufficient time to complete their programs.
One commenter, who fully supported the proposed waivers and
extension, stated that tribal colleges would not have sufficient time
to plan, establish, or effectively operate viable programs within a
one-year timeframe. The commenter expressed the view that continuing
the projects of current NACTEP grantees would eliminate the
difficulties, barriers, and inefficiencies associated with starting new
programs and stated further that extending the current project period
and funding of current grantees would: capitalize upon the current
momentum of NACTEP grantee service delivery, since service streams were
already in place and operational; allow current NACTEP grantees to
support reasonable modification as a direct outgrowth of their current
work without disruption to participant cohorts, partnerships, programs,
or plans; and afford a greater likelihood of successful attainment,
such as student attainment of associate degrees and certificates, and
subsequent job placement. The commenter further stated that NACTEP
evaluation requirements place an expectation for the measurement of
long-term impact of each project, which would be greatly enhanced by
extending the project duration beyond five years.
Response: We have considered the comments we received from
individuals and from individuals representing tribes, community
colleges, and tribal organizations. The vast majority of commenters
supported the waivers and extension of the project period and favor our
proposal to continue the current grants for an additional year under
the current NACTEP authority. The vast majority of commenters agree
with our overall rationale for the waivers and extending the current
project period and believe that these waivers and extension are in the
public interest.
Changes: None.
Comment: One commenter requested information on future NACTEP grant
periods and asked whether a new NACTEP grant competition would be held
in FY 2013.
Response: At this time, we do not know whether there will be a
NACTEP competition in FY 2013 or future years. If there is a NACTEP
competition in any future year, we will announce that competition
through a Federal Register notice inviting applications in which we
will include, among other information, the length of the grant period.
Changes: None.
Background
The current NACTEP grantees, selected based on our March 23, 2007,
NACTEP Federal Register notice inviting applications (72 FR 13770)
(March 2007 notice), operate career and technical education programs,
as authorized by section 116(a) through (g) of the Perkins Act (20
U.S.C. 2326(a)-(g)). The project period for the current 30 NACTEP
grantees is scheduled to end in FY 2012. For the NACTEP projects funded
in 2007, the Secretary waives the requirements of 34 CFR 75.250 and
75.261(c)(2), which generally limit project periods to 60 months and
prohibit project period extensions involving the obligation of
additional Federal funds, in order to extend the current NACTEP project
period for an additional 12 months and allow the 30 current NACTEP
grantees to seek continuation awards in FY 2012.
The Secretary's waivers and extension mean that: (1) Current NACTEP
grantees will be authorized to request and receive NACTEP continuation
awards in FY 2012 for project periods through FY 2013, (2) we will not
announce a new competition to make new awards in FY 2012, (3) the March
2007 notice will continue to govern current projects during the
extension year, and (4) the 30 applications approved under the March
2007 notice will govern continuation activities.
The March 2007 notice: (1) Established a project period of up to 60
months and reiterated that funding for multi-year awards would be
dependent on a grantee meeting the requirements of 34 CFR 75.253
(continuation of a
[[Page 30514]]
multi-year project after the first budget period); (2) explained the
requirements of the program; (3) described the evaluation and reporting
requirements; and (4) established the Government Performance and
Results Act (GPRA) performance indicators for NACTEP.
With these waivers and extension of the project period, the current
30 NACTEP grantees may request continuation awards for one additional
project year, through FY 2013, and we will consider those continuation
award requests under the current NACTEP statutory authority. Any
requests for continuation awards will be subject to the requirements of
34 CFR 75.253, including the requirement that each grantee demonstrate
that it is making substantial progress performing its NACTEP grant
activities based on the requirements in the March 2007 notice inviting
applications.
We will make decisions regarding continuation awards based on
information provided in NACTEP grantee requests for continuation
awards, including information provided in program narratives, budgets
and budget narratives, and performance reports. Any activities to be
carried out during the continuation year must 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.
Waiver of Delayed Effective Date
The Administrative Procedure Act requires that a substantive rule
must 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 on the notice of proposed waivers and
extension of project period, of the 82 comments we received, 81
supported the waivers and extension of the project period for current
NACTEP grantees. Except for minor editorial and technical revisions,
there are no differences between the proposed and final notices of
waivers and extension of the project period for NACTEP. In addition,
given the fact that the additional period of funding is only for a 12-
month period, and in order to be able to make timely continuation
grants to the 30 entities affected, the Secretary has determined that a
delayed effective date is unnecessary and contrary to the public
interest.
Regulatory Flexibility Act Certification
The Secretary certifies that the waivers and extension and the
activities required to support an additional year of NACTEP funding
will not have a significant economic impact on a substantial number of
small entities.
The small entities that will be affected by the waivers and
extension are the 30 currently-funded NACTEP grantees.
The Secretary certifies that the waivers and extension will not
have a significant economic impact on these NACTEP entities because the
waivers and extension impose minimal compliance costs to extend
projects already in existence, and the activities required to support
the additional year of funding will not impose additional regulatory
burdens or require unnecessary Federal supervision. Furthermore, the
costs of carrying out these activities could be paid for with program
funds.
Paperwork Reduction Act of 1995
This notice of 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
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You may also access documents of the Department published in the
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by the Department.
Program Authority: 20 U.S.C. 2326(a) through (g).
Dated: May 18, 2012.
Johan Uvin,
Delegated Authority to Perform the Functions and Duties of the
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 2012-12540 Filed 5-22-12; 8:45 am]
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