[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Notices]
[Pages 2335-2336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00174]


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DEPARTMENT OF EDUCATION


Comprehensive Centers Program; CFDA Number: 84.283B

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

ACTION: Notice.

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SUMMARY: The Secretary proposes to waive the requirements in 34 CFR 
75.250(a) and 75.261(c)(2) of the Education Department General 
Administrative Regulations (EDGAR). Respectively, these provisions 
generally prohibit project periods exceeding five years and project 
period extensions involving the obligation of additional Federal funds. 
The proposed waivers would enable the 22 grantees under the 
Comprehensive Centers program that received awards in the fiscal year 
(FY) 2012 grant competition to continue to receive Federal funding for 
up to 24 months beyond the five-year limitation contained in 34 CFR 
75.250(a).

DATES: We must receive your comments on or before February 8, 2017.

ADDRESSES: Address all comments about these proposed waivers to Britt 
Jung, Office of Elementary and Secondary Education, U.S. Department of 
Education, 400 Maryland Ave. SW., Room 3E206, Washington, DC 20202-
6400.

FOR FURTHER INFORMATION CONTACT: Britt Jung. Telephone: (202) 205-4513 
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 of proposed waivers.
    During and after the comment period, you may inspect all public 
comments about this notice of proposed waivers by accessing 
Regulations.gov. You may also inspect the comments in person in Room 
3E206, 400 Maryland Avenue SW., 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. Please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.
    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 these proposed waivers. 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.
    Background: Under the Comprehensive Centers program the Department 
of Education (Department) supports grants to operate regional technical 
assistance centers and national content centers as authorized by 
sections 203 through 207 of the Educational Technical Assistance Act of 
2002 (ETAA) (20 U.S.C. 9602-9606).
    The purpose of these centers is to provide technical assistance to 
States as States work to help local educational agencies (LEAs) and 
schools to close achievement gaps in core content areas and raise 
student achievement in schools. We are especially interested in helping 
LEAs that are implementing comprehensive support and improvement 
activities and targeted support and improvement activities under 
section 1111(d) of the Elementary and Secondary Act of 1965 (ESEA), as 
amended by the Every Student Succeeds Act (ESSA).
    Eligible applicants for Comprehensive Center grants are research 
organizations, institutions, agencies, institutions of higher 
education, partnerships among these types of entities, or individuals 
with the demonstrated ability or capacity to carry out the activities 
described in the notice inviting applications published in the Federal 
Register on June 6, 2012 (2012 NIA) (77 FR 33564) and corrected on 
August 15, 2012 (77 FR 48974). In FY 2012, the Department made five-
year awards to 22 Comprehensive Centers. The project period for these 
Comprehensive Centers is currently scheduled to end on September 30, 
2017.
    We are proposing to waive the requirements in 34 CFR 75.250(a), 
which prohibit project periods exceeding five years, and the 
requirements in 34 CFR 75.261(c)(2), which limit the extension of a 
project period if the extension involves the obligation of additional 
Federal funds. This would allow the 22 current Comprehensive Center 
grantees to continue to receive Federal funding annually for project 
periods through FY 2017 and possibly through FY 2018.
    We are proposing these waivers because we do not believe it would 
be in the public interest to hold a new competition under the 
Comprehensive Centers program until after the finalization of the 
Department's new regulations and guidance on the ESEA, as amended by 
the ESSA. One of the primary purposes of the Comprehensive Centers 
program is to provide technical assistance to States regarding the 
administration and implementation of programs under the ESEA. Delaying 
the next competition until after the Department has finished 
implementing the ESEA, as amended by the ESSA, would allow applicants 
to familiarize themselves with the new statutory requirements under the 
ESSA and submit proposals that will best serve States.
    We have also concluded that it would be contrary to the public 
interest to have a lapse in the work of the Comprehensive Centers while 
the Department implements the components of the ESSA described above.
    We intend to fund the extended project period for either one or two 
years by using the FY 2017 and, if necessary, FY 2018 funds that 
Congress appropriates under the current statutory authority.
    Under this proposed waiver and extension of the project period--
    (1) Current grantees will be authorized to receive continuation 
awards annually for up to two years.
    (2) We would not announce a new competition or make new awards 
under the Comprehensive Centers program in FY 2017.
    (3) During the extension period, any activities carried out must be 
consistent with, or be a logical extension of the scope, goals, and 
objectives of the grantee's approved application from the 2012 
Comprehensive Centers competition.
    (4) Each grantee who receives a continuation award must also 
continue to comply with the requirements established in the program 
regulations and the 2012 NIA.
    The proposed waivers of 34 CFR 75.250(a) and 75.261(c)(2) would not 
affect the applicability of the requirements in 34 CFR 75.253 
(continuation of a multi-year project

[[Page 2336]]

after the first budget period) to any current Comprehensive Centers 
grantee that receives a continuation award as a result of the waivers.
    In addition, these proposed waivers would not exempt current 
Comprehensive Centers grantees from the account-closing provisions in 
31 U.S.C. 1552(a), nor would they extend the availability of funds 
previously awarded to current Comprehensive Centers grantees. Under 31 
U.S.C. 1552(a) appropriated funds 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 U.S. 
Department of Education will cancel and return the unexpended balance 
of those funds to the U.S. Treasury Department and these funds will be 
unavailable for restoration for any purpose. The waivers proposed in 
this notice would not change this requirement.
    Implementing these waivers, therefore, would ensure that the 
important services provided by the current Comprehensive Centers 
grantees can be continued uninterrupted, as the Department releases 
final regulations and guidance to support States in their transition to 
the ESSA. During this extension period the activities of the current 
Comprehensive Centers grantees would be modified through work plans, as 
necessary, to support States as they begin to implement the ESSA.
    We will announce the final waivers, if any, in a notice in the 
Federal Register. We will determine the final waivers after considering 
responses to this notice and other information available to the 
Department.

Proposed Waivers--Comprehensive Centers Program

    For the 22 Comprehensive Centers grantees that received awards in 
the FY 2012 competition, the Secretary proposes to waive the 
requirements in 34 CFR 75.250(a) and 75.261(c)(2) that prohibit project 
periods exceeding five years and extensions of project periods that 
involve the obligation of additional Federal funds.

Regulatory Flexibility Act Certification

    The Secretary certifies that these proposed waivers 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 
are:
    (a) The FY 2012 grantees currently receiving Federal funds; and
    (b) Entities that otherwise would have been eligible to apply for 
an award in FY 2017 under the Comprehensive Centers program if the 
Department had held that competition.
    The Secretary certifies that the proposed waivers would not have a 
significant economic impact on these entities because the proposed 
waivers and the activities required to support the additional years of 
funding would not impose excessive regulatory burdens or require 
unnecessary Federal supervision. The proposed waivers would impose 
minimal requirements to ensure the proper expenditure of program funds, 
including requirements that are standard for continuation awards.

Paperwork Reduction Act of 1995

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

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) by contacting the program contact person 
listed in this notice.
    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 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: January 4, 2017.
Ann Whalen,
Senior Advisor to the Secretary Delegated the Duties of Assistant 
Secretary for Elementary and Secondary Education.
[FR Doc. 2017-00174 Filed 1-6-17; 8:45 am]
 BILLING CODE 4000-01-P