[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Proposed Rules]
[Pages 40084-40086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16021]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II


Proposed Requirement--Migrant Education Program Consortium 
Incentive Grant Program

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

ACTION: Proposed requirement.

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[CFDA Number 84.144F]

SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
proposes to change the maximum duration of grants awarded to State 
educational agencies (SEAs) under the Migrant Education Program (MEP) 
Consortium Incentive Grant (CIG) Program from two years to three years. 
We take this action to allow participating SEAs to have an additional 
year to conduct needed activities, evaluate their projects, and provide 
a final report addressing their success in completing project 
activities and achieving the objectives and outcomes that were 
established in their approved CIG program application.

DATES: We must receive your comments on or before August 2, 2013.

ADDRESSES: Address all comments concerning this notice to: Lisa 
Gillette, U.S. Department of Education, 400 Maryland Avenue SW., Room 
3E313, Washington, DC 20202-6135.
    If you prefer to send your comments by email, use the following 
address: [email protected]. You must include the term ``CIG-
Duration'' in the subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Lisa Gillette. Telephone: (202) 260-
1426, 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: Invitation to Comment: We invite you to 
submit comments regarding this notice.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed requirement. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this notice in room 3E313, 400 Maryland Avenue, 
Washington, DC, between the hours of 8:30 a.m. and 4:00 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. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The MEP, authorized in title I, part C, section 
1301 et seq. of the Elementary and Secondary Education Act of 1965, as 
amended (ESEA) (20 U.S.C. 6391 et seq.), is a State-operated and State-
administered formula grant program. The MEP helps SEAs support high-
quality and comprehensive educational programs that do two things: 
provide migratory children with appropriate educational and supportive 
services that address their special needs in a coordinated and 
efficient manner, and give migratory children the opportunity to meet 
the same challenging State academic content and student academic 
achievement standards that all children are expected to meet.
    One component of the MEP is the CIG program, authorized in section 
1308(d) of the ESEA (20 U.S.C. 6398(d)). Through the MEP CIG program, 
the Department provides financial incentives to SEAs to participate in

[[Page 40085]]

high-quality consortia that improve the interstate or intrastate 
coordination of migrant education programs by addressing key needs of 
migratory children who have their education interrupted.

    Program Authority: 20 U.S.C. 6398.
    Applicable Program Regulations: 34 CFR part 200, subpart C.

Proposed Requirement

    This notice contains one proposed requirement.

Duration of Consortium Incentive Grants

    Background: The Department published a notice of final requirements 
for the MEP CIG Program in the Federal Register on March 3, 2004 (69 FR 
10110) (2004 Notice), and we have used these final requirements for CIG 
competitions since fiscal year (FY) 2004. The 2004 Notice contained 
basic requirements that govern CIG applications, established seven 
priorities that applicants must address, established a two-tiered 
funding formula (based on the size of the SEA's MEP formula grant) to 
determine the amount of the award the Department will make to SEAs that 
belong to consortia selected for an award, and authorized participating 
SEAs to use these funds to augment their MEP formula grant award. We 
subsequently published a notice of final priority for the MEP CIG 
program in the Federal Register on March 12, 2008 (73 FR 13217), in 
which we added an eighth priority.
    The 2004 Notice also established a project period of up to two 
years for grants awarded under the MEP CIG program. Grantees are 
required under the 2004 Notice and 34 CFR 75.118 and 75.590 of the 
Education Department General Administrative Regulations (EDGAR) to 
submit a performance report (through the consortium's lead State) 
toward the end of the first project year and a final summary evaluation 
report at the end of the second project year. These reports must 
address the participating SEAs' completion of activities and attainment 
of objectives of the approved consortium. We explained in the 2004 
Notice that we would not conduct a new incentive grant competition in 
FY 2005 but would make second-year continuation funding contingent on 
the SEAs' substantial completion of first-year consortium activities 
and attainment of the outcomes identified in the approved consortium 
application; the amount of second-year continuation funding was to be 
based on the same two-tiered formula described in the 2004 Notice. We 
have followed this process for the funding of second-year continuation 
awards since 2004.
    The Department last awarded CIGs in FY 2012. Currently, 37 SEAs 
(out of a total of 47 SEAs that receive MEP formula grant program 
funds) participate in CIG program-funded consortia.
    We are proposing to change the project period for several reasons. 
The 2004 Notice limited the MEP CIG awards to two years because they 
were intended to fund innovative pilot activities that grantees would 
put in place during the grant period, and then would continue with 
basic MEP formula grant funding provided under Title I, part C of the 
ESEA if the activities proved useful. However, based on our knowledge 
of the progress SEAs generally make on consortium projects, we believe 
that current grantees would benefit from a third year in which to work 
on and implement their CIG projects. In addition, although the two-year 
project period may sometimes be sufficient, it unnecessarily inhibits 
the Secretary's ability to establish a three-year project period for 
the CIG program where it is appropriate to do so. Increasing the 
project period that the Secretary may establish for the CIG program by 
one year will permit the Secretary to exercise judgment about what 
period would best permit grantees to achieve results and obtain better 
data to conduct the needed evaluations of their projects.
    Proposed Requirement--Duration of Incentive Grants:
    The Secretary may provide a maximum project period of three years 
for grants awarded under the MEP CIG program. The Secretary may extend 
the current two-year project period of the FY 2012 grantees to three 
years as well as determine a project period for future competitions of 
up to three years.
    For grants with a three-year project period, grantees must submit a 
performance report at the end of each project year and are eligible for 
a continuation award at the end of the first and second project years 
based on the two-tiered funding formula in the 2004 Notice. The second 
and third year's continuation funding is contingent on the grantee 
making substantial progress in performing the previous year's 
consortium activities and in attaining the outcomes identified in the 
approved consortium application. Grantees must submit their final 
summary evaluation report at the end of the third project year.
    Final Requirement:
    We will announce the final requirement in a notice in the Federal 
Register. We will determine the final requirement after considering 
responses to this notice and other information available to the 
Department. This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. We invite 
applications through a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things

[[Page 40086]]

and to the extent practicable--the costs of cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this proposed requirement only on a reasoned 
determination that its benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that would maximize net benefits. Based on the analysis that follows, 
the Department believes that this regulatory action is consistent with 
the principles in Executive Order 13563.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    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.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible formal (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person 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.

    Dated: June 28, 2013.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2013-16021 Filed 7-2-13; 8:45 am]
BILLING CODE 4000-01-P