[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17516-17518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08281]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID: ED-2018-OESE-0017; Catalog of Federal Domestic Assistance 
(CFDA) Number 84.144F]


Proposed Waiver--Migrant Education Program Consortium Incentive 
Grant Program

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

ACTION: Proposed waiver and extension of the project period.

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SUMMARY: The Secretary proposes to waive the requirement in the 
Education Department General Administrative Regulations that generally 
prohibits project period extensions involving the obligation of 
additional Federal funds. The proposed waiver and extension of the 
project period would enable the 34 grantees under the Migrant Education 
Program (MEP) Consortium Incentive Grant (CIG) Program that received 
awards in the fiscal year (FY) 2015 grant competition to continue to 
receive Federal funding for up to 24 additional months.

DATES: We must receive your comments on or before May 21, 2018.

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 this proposed waiver and extension 
of the project period, address them to Jennifer Rodriguez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 3E323, 
Washington, DC 20202.
    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: Jennifer Rodriguez. Telephone: (202) 
453-6670 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 proposed waiver and extension of the project period.
    During and after the comment period, you may inspect all public 
comments about this proposed waiver and extension by accessing 
Regulations.gov. You may also inspect the comments in person in Room 
3E323, 400 Maryland Avenue SW, Washington, DC, between the hours of 
8:30 a.m. and 4:00 p.m., Eastern 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 this proposed waiver and extension. 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: The MEP CIG program is authorized in section 1308(d) of 
the Elementary and Secondary Education Act of 1965, as amended (ESEA) 
(20 U.S.C. 6398(d)). Through the MEP CIG program, the U.S. Department 
of Education (Department) provides financial incentives to State 
educational agencies (SEAs) to participate in 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.
    The Department published a notice of final requirements for the MEP 
CIG program in the Federal Register on March 3, 2004 (69 FR 10109) 
(2004 Notice), and we have used these final requirements for CIG 
program competitions since FY 2004.
    The 2004 Notice established a project period of up to two years for 
grants awarded under the MEP CIG program. We subsequently published a 
notice of

[[Page 17517]]

final requirement for the MEP CIG program in the Federal Register on 
December 31, 2013 (78 FR 79613) (2013 Notice), in which we increased 
the CIG project period to three years.
    The Department last awarded CIG program grants in FY 2015. 
Currently, 34 SEAs (out of a total of 46 SEAs that receive MEP formula 
grant program funds) participate in CIG program-funded consortia.
    We are proposing to waive the requirement in 34 CFR 75.261(c)(2), 
which limits the extension of a project period if the extension 
involves the obligation of additional Federal funds. If finalized, this 
waiver would allow the 34 current CIG program grantees to continue to 
receive Federal funding for up to two additional years through FY 2019.
    We are proposing to provide up to two years of additional funding 
to current CIG grantees for several reasons. The additional project 
years proposed by this waiver would allow grantees' work to continue as 
the Secretary considers changes to the priorities, structure, and 
duration of the CIG program.
    Providing up to two additional years of funding would permit 
grantees to continue coordinating with one another and achieving the 
goals and objectives of their consortium applications. Based on the 
progress SEAs generally have made on consortium projects, we believe 
that current grantees could benefit from a fourth and fifth year in 
which to continue working on and implementing their CIG program 
projects.
    Moreover, implementing this waiver and extension would ensure that 
the services provided by the current CIG program grantees continue 
uninterrupted as the Department supports States in their transition to 
implement requirements under the ESEA as amended by the Every Student 
Succeeds Act (ESSA). During this extension period, the activities of 
the current CIG program grantees would be modified through work plans, 
as necessary, to continue the implementation of consortium activities 
and to support States as they implement requirements under the ESSA.
    For all of these reasons, we have concluded that it would be 
contrary to the public interest to have a lapse in the work of current 
CIG program grantees while the Secretary considers changes to the CIG 
program and while the Department implements the components of the ESSA 
as described above.
    We intend to fund the extended project period for either one or two 
years by using the FY 2018 and, if necessary, FY 2019 funds that 
Congress appropriates under the current statutory authority. Funding 
for the extended project period would follow the two-tiered funding 
formula established by the 2004 Notice.
    If this proposed waiver and extension becomes final--
    (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 MEP CIG program in FY 2018 (if the project period is extended 
for one year) or in FY 2019 (if the project period is extended for two 
years).
    (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 FY 2015 CIG 
program competition.
    (4) Each grantee who receives a continuation award must also 
continue to comply with the requirements established in the program 
regulations, the 2004 and 2013 Notices, and the 2015 notice inviting 
applications for the MEP CIG program (80 FR 6502).
    The proposed waiver of 34 CFR 75.261(c)(2) would not affect the 
applicability of the requirements in 34 CFR 75.253 (continuation of a 
multi-year project after the first budget period) to any current CIG 
program grantee that receives a continuation award as a result of the 
waiver.
    We will announce the final waiver and extension, if any, in a 
document in the Federal Register. We will determine the final waiver 
and extension after considering responses to this proposed waiver and 
extension and other information available to the Department.

Proposed Waiver--CIG Program

    For the 34 CIG program grantees that received awards in the FY 2015 
competition, the Secretary proposes to waive the requirement in 34 CFR 
75.261(c)(2) that prohibits extensions of project periods that involve 
the obligation of additional Federal funds.

Regulatory Flexibility Act Certification

    The Secretary certifies that this proposed waiver and extension 
would not have a significant economic impact on a substantial number of 
small entities.
    The entities that would be affected by this proposed waiver are:
    (a) The FY 2015 grantees currently receiving Federal funds; and
    (b) Entities not currently receiving Federal funds through the CIG 
program that would have been eligible to apply for an award in FY 2018 
or in FY 2019 under the CIG program if the Department were to hold a 
competition in either year.
    The Secretary certifies that the proposed waiver and extension 
would not have a significant economic impact on these entities because 
the proposed waiver and extension and the activities required to 
support the additional years of funding would not impose excessive 
regulatory burdens or require unnecessary Federal supervision. The 
proposed waiver and extension would impose minimal requirements to 
ensure the proper expenditure of program funds, including requirements 
that are standard for continuation awards. In addition, none of those 
entities are small entities; this program makes awards to SEAs.

Paperwork Reduction Act of 1995

    This proposed waiver and extension 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 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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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

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your search to documents published by the Department.

    Dated: April 17, 2018.
Jason Botel,
Principal Deputy Assistant Secretary, Delegated the authority to 
perform the functions and duties of the Assistant Secretary of 
Elementary and Secondary Education.
[FR Doc. 2018-08281 Filed 4-19-18; 8:45 am]
BILLING CODE 4000-01-P