[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Proposed Rules]
[Pages 15081-15083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05863]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2014-OPE-0035; CFDA Number: 84.015B.]


Proposed Priority--Foreign Language and Area Studies Fellowships 
(FLAS) Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Proposed priority.

-----------------------------------------------------------------------

SUMMARY: The Acting Assistant Secretary for Postsecondary Education 
proposes a priority for the FLAS Program administered by the 
International and Foreign Language Education (IFLE) Office. The Acting 
Assistant Secretary may use this priority for competitions in fiscal 
year (FY) 2014 and later years.

DATES: We must receive your comments on or before April 17, 2014.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Patricia Barrett, U.S. Department of Education, 400 Maryland 
Avenue SW., Room 5142, Potomac Center Plaza (PCP), Washington, DC 
20202-2700.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Kate Maloney. Telephone: (202) 502-
7509 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. To ensure that your comments have maximum effect in 
developing the final priority, we urge you to identify clearly the part 
of the priority your comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. 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 comments 
about this notice in Room 6083, 1990 K St. NW., 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 purpose of the FLAS Fellowships Program is 
to provide allocations of academic year and summer fellowships to 
institutions

[[Page 15082]]

of higher education or consortia of institutions of higher education to 
assist meritorious undergraduate students and graduate students 
undergoing training in modern foreign languages and related area or 
international studies.

    Program Authority:  20 U.S.C. 1122.

    Applicable Program Regulations: 34 CFR parts 655 and 657.
    Proposed Priorities: This notice contains one proposed priority.
    Background: The Department proposes a priority for FLAS 
institutional applications that would, when awarding fellowships, give 
competitive preference to students who demonstrate financial need 
determined in accordance with Part F of title IV of the Higher 
Education Act of 1965, as amended (HEA). This proposed priority would 
give FLAS institutions an incentive to award fellowships to those 
meritorious students who would most benefit from financial relief. By 
providing FLAS fellowships to qualified scholars who lack the financial 
means to pursue this rigorous training without incurring significant 
debt, the FLAS Program will contribute to lowering postsecondary 
education costs for worthy students seeking to become language and area 
studies experts in the United States.
    Applicant institutions addressing the priority would describe a 
two-tier selection process. From all of the student fellowship 
applications submitted, the institution would first select a pool of 
qualified applicants based strictly on merit, as defined in Sec.  657.3 
of the FLAS Program regulations. From this pool of qualified 
applicants, the institution could then give competitive preference to 
students who demonstrate financial need as defined in Part F of title 
IV of the HEA.
    Proposed Priority: Applications that give preference to students 
who demonstrate financial need as defined in Part F of title IV of the 
Higher Education Act of 1965, as amended (HEA), when awarding 
fellowships. The applicant must describe how it will ensure that all 
FLAS fellows who receive such preference show potential for high 
academic achievement based on such indices as grade point average, 
class ranking, or similar measures that the institution may determine.
    Types of Priorities: When inviting applications for a competition 
using one or more priorities, we designate the type of each priority as 
absolute, competitive preference, or invitational through a notice in 
the Federal Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priorities: We will announce the final priorities in a notice 
in the Federal Register. We will determine the final priority 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. In any year in 
which we choose to use this priority, 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 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 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 priority only upon 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.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.

[[Page 15083]]

    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.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the PRA (44 U.S.C. 3506(c)(2)(A)).
    The information collection for the FLAS Program will be revised to 
include an evaluation guide that provides applicants with more 
substantive guidance on how to respond, in a more compelling manner, to 
the Impact and Evaluation selection criterion found in section 657.21 
of the FLAS Program regulations. The guide also includes instructions 
for completing the new performance measure forms (PMFs) that applicants 
are required to include in their submitted proposals. For each project 
element that applicants propose to evaluate during the project period, 
they must include a performance measure form indicating the project-
specific measure for that element.
    The IFLE Office developed the PMF so that applicants can include 
measurable outcomes for their FLAS projects, based on the goals and 
objectives they intend to accomplish. The PMF is designed to help 
applicants to develop a more cohesive evaluation plan focusing the 
applicant's attention on specific benchmarks and indicators that will 
better demonstrate their progress toward achieving their goals and 
objectives. The PMF should assist applicants in proposing high-quality 
implementation plans at the outset for reporting progress and 
performance results. Additionally, the information and data collected 
via the forms will enable the Department to provide Congress and other 
stakeholders with more concrete evidence to demonstrate the impact of 
FLAS projects. And finally, the PMF is designed to provide a universal 
format that applicants can use to present the performance information 
in their applications. The PMF requests the following: (a) Project goal 
statement; (b) Performance measure; (c) Project activity; (d) Data/
Indices; (e) Frequency of collection; (f) Data source; and, (g) 
Baseline and targets.
    In order to mitigate against increasing respondent burden, 
applicants will be required to complete only items (a), (b), and (c) on 
the PMF when they submit their FY14 grant applications. If the 
application is recommended for funding, we will require the submission 
of fully completed forms. The Department estimates that the 
application, expanded evaluation criterion guidance, and the PMF will 
require an estimated 500 hours to complete. This represents an 
additional time burden of 100 hours over the 2010 application.
    If you want to comment on the proposed information collection 
requirements, please send your comments to the Office of Information 
and Regulatory Affairs, OMB, Attention: Desk Officer for U.S. 
Department of Education. Send these comments by email to OIRA 
[email protected] or by fax to (202) 395-6974. You may also send a 
copy of these comments to the Department contact named in the ADDRESSES 
section of this preamble or submit electronically through the Federal 
eRulemaking Portal at http://www.regulations.gov by selecting Docket ID 
ED-2014-OPE-0035.
    Please be advised that the public comment period for submitting 
comments on the notice of proposed priorities (NPP) is the same for 
submitting comments on the information collection (IC); therefore, use 
the NPP Docket number as the identifier for both sets of comments. You 
may, however, submit the NPP comments and the IC comments separately in 
the regulations.gov site.
    We have prepared an ICR for this collection. In preparing your 
comments you may want to review the ICR, which is available at 
www.reginfo.gov. Click on Information Collection Review. This proposed 
collection is identified as proposed collection 1840-0807 ED-2014-OPE-
0035.
    We consider your comments on this proposed collection of 
information in--
     Deciding whether the proposed collection is necessary for 
the proper performance of our functions, including whether the 
information will have practical use;
     Evaluating the accuracy of our estimate of the burden of 
the proposed collection, including the validity of our methodology and 
assumptions;
     Enhancing the quality, usefulness, and clarity of the 
information we collect; and
     Minimizing the burden on those who must respond.
    This includes exploring the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques.
    OMB is required to make a decision concerning the collection of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, to ensure that OMB gives your comments full consideration, 
it is important that OMB receives your comments by April 17, 2014. This 
does not affect the deadline for your comments to us on the proposed 
regulations.
    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 format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program 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 the 
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: March 12, 2014.
Lynn B. Mahaffie,
Acting Deputy Assistant Secretary for Policy, Planning, and Innovation, 
delegated the authority to perform the functions and duties of the 
Assistant Secretary for Postsecondary Education.
[FR Doc. 2014-05863 Filed 3-17-14; 8:45 am]
BILLING CODE 4000-01-P