[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39196-39197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14304]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2015-OPE-0134]


Final Priorities and Definitions--Fulbright-Hays Group Projects 
Abroad Program--Short-Term Projects and Long-Term Projects

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final priorities and definitions.

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Catalog of Federal Domestic Assistance (CFDA) Number: 84.021A and 
84.021B.

SUMMARY: The Assistant Secretary for Postsecondary Education announces 
priorities and definitions for the Fulbright-Hays Group Projects Abroad 
(GPA) Program. The Assistant Secretary may use these priorities and 
definitions for competitions in fiscal year (FY) 2016 and later years. 
We intend the priorities and definitions to address a gap in the types 
of institutions, faculty, and students that have historically 
benefitted from international education opportunities.

DATES:  These priorities and definitions are effective July 18, 2016.

FOR FURTHER INFORMATION CONTACT: Reha Mallory, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 3E213, Washington, DC 20202. 
Telephone: (202) 453-7502 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: 
    Purpose of Program: The Fulbright-Hays GPA Program supports short-
term and long-term overseas projects in training, research, and 
curriculum development in modern foreign languages and area studies for 
groups of teachers, undergraduate and graduate students, and faculty 
engaged in a common endeavor. Fulbright-Hays GPA short-term projects 
(GPA short-term projects) may include seminars, curriculum development, 
or group research or study. Fulbright-Hays GPA long-term projects (GPA 
long-term projects) support advanced overseas intensive programs that 
focus on the humanities, social sciences, or languages.

    Program Authority: 22 U.S.C. 2452(b)(6).

    Applicable Program Regulations: 34 CFR part 662 and 664.
    We published a notice of proposed priorities and definitions for 
this program in the Federal Register on March 10, 2016 (81 FR 12622). 
That notice contained background information and our reasons for 
proposing the particular priorities.
    There are no differences between the proposed priorities and 
definitions and these final priorities and definitions.
    Public Comment: In response to our invitation in the notice of 
proposed priorities and definitions, we did not receive any comments on 
the proposed priorities and definitions.

Final Priorities

Priority 1--Applications for GPA Short-Term Projects From Selected 
Institutions and Organizations

    Applications for GPA short-term projects from the following types 
of institutions and organizations:

 Minority-Serving Institutions (MSIs)
 Community colleges
 New applicants
 State educational agencies (SEAs)

Priority 2--Applications for GPA Long-Term Projects From Minority-
Serving Institutions (MSIs)

    Applications for GPA long-term advanced overseas intensive language 
training projects from MSIs.

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 Definitions

    The Assistant Secretary for Postsecondary Education establishes the 
following definitions for this program. We may apply one or more of 
these definitions in any year in which this program is in effect.
    Minority-serving institution (MSI) means an institution that is 
eligible to receive assistance under sections 316 through 320 of part A 
of title III, under part B of title III, or under title V of the Higher 
Education Act of 1965, as amended (HEA).
    Community college means an institution that meets the definition in 
section 312(f) of the Higher Education Act of 1965, as amended, (HEA) 
(20 U.S.C. 1058(f)); or an institution of higher education (as defined 
in section 101 of the HEA (20 U.S.C. 1001)) that awards degrees and 
certificates, more than 50 percent of which are not bachelor's degrees 
(or an equivalent).
    New applicant means any applicant that has not received a 
discretionary grant from the Department of Education under the 
Fulbright-Hays Act prior to the deadline date for applications under 
this program.
    State educational agency (SEA) means the State board of education 
or other agency or officer primarily responsible for the supervision of 
public elementary and secondary schools in a State. In the absence of 
this officer or agency, it is an officer or agency designated by the 
Governor or State law.
    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 one or more of these priorities and 
definitions, 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

[[Page 39197]]

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 final 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 final 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 these final priorities and final definitions only on 
a reasoned determination that their benefits justify their costs. In 
choosing among alternative regulatory approaches, we selected those 
approaches that 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 does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    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 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: June 13, 2016.
Lynn B. Mahaffie,
Deputy Assistant Secretary for Policy, Planning, and Innovation, 
Delegated the Duties of the Assistant Secretary for Postsecondary 
Education.
[FR Doc. 2016-14304 Filed 6-15-16; 8:45 am]
 BILLING CODE 4000-01-P