[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Rules and Regulations]
[Pages 47915-47917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17407]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[Docket ID ED-2020-OPE-0044]


Final Waiver and Extension of the Project Period for the 
Predominantly Black Institutions (PBI) Competitive Grant Program

AGENCY: Office of Postsecondary Education (OPE), Department of 
Education.

ACTION: Final waiver and extension of project periods.

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SUMMARY: The Secretary waives the requirements in the Education 
Department General Administrative Regulations that generally prohibit 
project periods exceeding five years and project period extensions 
involving the obligation of additional Federal funds. The waiver and 
extension would enable 23 projects under Catalog of Federal Domestic 
Assistance (CFDA) number 84.382A to receive funding for an additional 
period, not to exceed September 30, 2021.

DATES: The waiver and extension of the project periods are effective 
August 7, 2020.

FOR FURTHER INFORMATION CONTACT: Bernadette Miles, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 250-22, Washington, DC 20202. 
Telephone: 202-453-7892. 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: On March 23, 2020, we published a notice in 
the Federal Register (85 FR 16307) proposing an extension of the 
project period and a waiver of the requirements in 34 CFR 75.250, which 
prohibit project periods exceeding five years, as well as a waiver of 
the requirements in 34 CFR 75.261(a) and (c)(2), which allow the 
extension of a project period only if the extension does not involve 
the obligation of additional Federal funds, in order to enable the 
Secretary to provide additional funds to 23 projects under CFDA number 
84.382A for an additional period, not to exceed September 30, 2021.

Background

    We are extending the 23 PBI projects in order to align and 
coordinate the funding cycles of all discretionary grant programs 
authorized under Title III, Part F, Section 371 of the Higher Education 
Act of 1965, as amended (HEA). With the extension, the PBI program will 
align with (1) the Alaska Native and Native Hawaiian-serving 
Institutions programs (CFDA numbers 84.031R & 84.031V); (2) the Asian 
American and Native American Pacific Islander-serving Institutions 
program (CFDA number 84.382B); (3) the Native American-serving Non-
Tribal Institutions program (CFDA number 84.382C); and (4) the 
Hispanic-Serving Institutions Science, Technology, Engineering, and 
Mathematics and Articulation program (CFDA number 84.031C).
    In September 2015, the Department made 23 60-month awards to 
eligible institutions funded by the PBI program as follows:

------------------------------------------------------------------------
                   Institution                             State
------------------------------------------------------------------------
University of West Alabama.......................  AL
Mid-South/Arkansas State University..............  AR
Pulaski Technical College........................  AR
South Georgia Technical College..................  GA
Albany Technical College.........................  GA
Oconee Fall Line Technical College...............  GA
Augusta Technical College........................  GA
Central Georgia Technical College................  GA
Georgia State University.........................  GA
Malcolm X College................................  IL
Olive Harvey College.............................  IL
Chicago State University.........................  IL
Mississippi Delta Community College..............  MS
Halifax Community College........................  NC
Bloomfield College...............................  NJ
Medgar Evers College.............................  NY
York College.....................................  NY
Community College of Philadelphia................  PA
Northeastern Technical College...................  SC
Florence-Darlington Technical College............  SC
Central Carolina Technical College...............  SC
Southwest Tennessee Community College............  TN
Cedar Valley College.............................  TX
------------------------------------------------------------------------


[[Page 47916]]

    All current project periods for these grantees end on September 30, 
2020. One additional PBI, South Suburban College, was funded in 2016. 
Its project currently has an end date of September 30, 2021, and thus, 
does not need this waiver or extension.
    The purpose of the PBI program is to increase the institutions' 
capacity to prepare students for careers in STEM; health education; 
internationalization or globalization; teacher preparation; or improve 
educational outcomes of African American males.
    Public Comment:
    In response to our invitation in the notice of proposed waiver and 
extension of the project periods, 15 parties submitted responsive 
comments. Generally, we do not address technical and other minor 
changes. In addition, we do not address general comments that raise 
concerns not directly related to the proposed waiver and extension.
    There are no substantive differences between the proposed waiver 
and extension and this final waiver and extension.

Analysis of Comments and Changes

    Comment: Thirteen of the 15 commenters provided favorable and 
supportive comments regarding the proposed waiver and extension of the 
project periods. These commenters expressed appreciation for the work 
carried out by these projects. Many of these commenters also noted that 
the extension would continue to allow students the opportunity to be 
connected to resources that will lead to graduations and jobs. One of 
the 13 commenters, who was currently funded under this program, stated 
that due to the success of their institution's project, extending the 
grant would have a considerable and measurable positive impact on 
furthering the goals and objectives of the projects funded under this 
program.
    Discussion: We thank these commenters for their support for 
extending the project periods, and we agree that extending the project 
periods will allow for a continued positive impact on the students and 
successful project outcomes by the end of fiscal year (FY) 2021.
    Changes: None.
    Comment: Two commenters were in opposition, but did not 
substantively address the proposed waiver extension.
    Discussion: We thank these commenters for their comments concerning 
the PBI program. However, since these comments did not relate to the 
purpose of the PBI program, we are not making changes to the proposed 
waiver and extension.
    Changes: None.
    Final Waivers and Extensions:
    We are extending the 23 PBI projects in order to align and 
coordinate the funding cycles of all discretionary grant programs 
authorized under Title III, Part F, Section 371 of the HEA. With the 
final extension, the PBI program funding cycles will align with (1) the 
Alaska Native and Native Hawaiian-serving Institutions programs (CFDA 
numbers 84.031R & 84.031V); (2) the Asian American and Native American 
Pacific Islander-serving Institutions program (CFDA number 84.382B); 
(3) the Native American-serving Non-Tribal Institutions program (CFDA 
number 84.382C); and (4) the Hispanic-Serving Institutions Science, 
Technology, Engineering, and Mathematics and Articulation program (CFDA 
number 84.031C).
    The waivers and extensions will allow the Department to align and 
coordinate the award cycles of all of the Title III, Part F competitive 
grant programs, and improve the efficiency and cost-effectiveness of 
direct training and technical assistance services focused on the 
competitive strengthening institutions programs. In addition, the 
Department will consider approaches for improving coordination among 
projects that provide these services to meet the needs of these 
institutions more efficiently and effectively and to allow for 
efficient use of the funding available to support these activities.
    We do not believe that it would be in the public interest to run a 
competition for this program in FY 2020. The program has remaining FY 
2019 appropriated funds to be carried over to the current FY 2020 grant 
cycle. Further, running an FY 2020 competition would continue an award 
cycle that would not coordinate with the Department's existing Title 
III Part F competitive grant programs.
    The Department has also concluded that it would not be in the 
public interest to run two consecutive program competitions with the 
first using the appropriated 2019 carry over funds and the second using 
the funds appropriated by H.R. 2486, the Fostering Undergraduate Talent 
by Unlocking Resources for Education (FUTURE) Act, because doing so 
would increase the burden on potential applicants.
    For these reasons, the Secretary waives the requirements in 34 CFR 
75.250, which prohibit project periods exceeding five years, and the 
requirements in 34 CFR 75.261(a) and (c)(2), which allow the extension 
of a project period only if the extension does not involve the 
obligation of additional Federal funds. The waiver will allow the 
Department to issue one-time FY 2020 continuation awards to the current 
23 PBI program grantees estimated as follows:

------------------------------------------------------------------------
            Institution                     State              Award
------------------------------------------------------------------------
University of West Alabama.........  AL.................        $414,672
Mid-South/Arkansas State University  AR.................         599,996
Pulaski Technical College..........  AR.................         599,856
South Georgia Technical College....  GA.................         600,000
Albany Technical College...........  GA.................         600,000
Oconee Fall Line Technical College.  GA.................         545,459
Augusta Technical College..........  GA.................         591,493
Central Georgia Technical College..  GA.................         596,148
Georgia State University...........  GA.................         600,000
Malcolm X College..................  IL.................         590,500
Olive Harvey College...............  IL.................         543,246
Chicago State University...........  IL.................         600,000
Mississippi Delta Community College  MS.................         600,000
Halifax Community College..........  NC.................         600,000
Bloomfield College.................  NJ.................         600,000
Medgar Evers College...............  NY.................         600,000
York College.......................  NY.................         600,000
Community College of Philadelphia..  PA.................         600,000
Northeastern Technical College.....  SC.................         599,252
Florence-Darlington Technical        SC.................         599,993
 College.

[[Page 47917]]

 
Central Carolina Technical College.  SC.................         599,921
Southwest Tennessee Community        TN.................         600,000
 College.
Cedar Valley College...............  TX.................         467,126
------------------------------------------------------------------------

    Any activities carried out during the year of this continuation 
award must be consistent with the scope, goals, and objectives of the 
grantees' applications as approved in the 2015 competition. The 
requirements for continuation awards are set forth in 34 CFR 75.253.

Waiver of Delayed Effective Date

    The Administrative Procedure Act requires that a substantive rule 
must be published at least 30 days before its effective date, except as 
otherwise provided for good cause (5 U.S.C. 553(d)(3)). All but two of 
the comments we received supported the proposed waiver and extension, 
and we have not made any substantive changes to the proposed waiver and 
extension. A delayed effective date would be contrary to public 
interest because we would not be able to ensure there is not a lapse in 
technical assistance services currently provided by the projects. 
Therefore, the Secretary waives the delayed effective date provision 
for good cause.

Regulatory Flexibility Act Certification

    The Secretary certifies that the final waiver and extension of the 
project period will not have a significant economic impact on a 
substantial number of small entities. The only entities that will be 
affected by the final waiver and extension of the project period are 
the current grantees and any other potential applicants.
    The Secretary certifies that the final waiver and extension will 
not have a significant economic impact on these entities because the 
extension of an existing project period imposes minimal compliance 
costs, and the activities required to support the additional year of 
funding would not impose additional regulatory burdens or require 
unnecessary Federal supervision.

Paperwork Reduction Act of 1995

    This final waiver and extension of the project period does not 
contain any information collection requirements.

Intergovernmental Review

    These programs are 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 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. You may 
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feature at this site, you can limit your search to documents published 
by the Department.

Robert L. King,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2020-17407 Filed 8-5-20; 4:15 pm]
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