[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Rules and Regulations]
[Pages 35439-35440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14188]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[ED-2025-OESE-0021]
Final Waiver and Extension of the Project Period With Funding for
Arts in Education National Program
AGENCY: Office of Elementary and Secondary Education (OESE), Department
of Education.
ACTION: Final waiver and extension of project period with funding.
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SUMMARY: The Secretary waives the requirements in the Education
Department General Administrative Regulations that generally prohibit
extensions involving the obligation of additional Federal funds. The
waiver and extension enable one project under Assistance Listing Number
(ALN) 84.351A to receive funding for an additional period, not to
exceed September 30, 2026.
DATES: The waiver and extension of the project period are effective
July 28, 2025.
FOR FURTHER INFORMATION CONTACT: Simon Earle, U.S. Department of
Education, 400 Maryland Avenue SW, Washington, DC 20202-5076.
Telephone: 202-453-7923. Email: [email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
On May 20, 2025, the Department published a notice in the Federal
Register (90 FR 21441) proposing a waiver and extension of the project
period with funding in order to enable one project under ALN 84.351A to
receive continuation funding for an additional 12-month period, not to
exceed September 30, 2026. The proposed waiver and extension of the
project period with funding would allow the Department to comply with
the directive in the Full-Year Continuing Appropriations and Extensions
Act, 2025 and align with the dates of the Assistance for Arts Education
(AAE) awards funded in FY 2021 under ALN 84.351A, which are scheduled
to receive their final year of funding in FY 2025, and end on September
30, 2026. The waiver will allow the Department to issue a continuation
award in FY 2025, as directed by Congress, to the currently funded
84.351A Arts in Education National Program (AENP) project at an amount
consistent with the amount awarded in FY 2024.
There are no differences between the notice of proposed waiver and
extension of the project period with funding and this notice of final
waiver and extension of the project period with funding, as discussed
in the Analysis of Comments and Changes section of this document.
Public Comment: In response to our invitation in the notice of
proposed waiver and extension of the project period with funding, five
parties submitted a comment.
Generally, we do not address technical and other minor changes or
suggested changes the law does not authorize us to make under the
applicable statutory authority. In addition, we do not address general
comments that raised concerns not directly related to the proposed
waiver and extension with funding.
Analysis of Comments and Changes
An analysis of the comments and of any changes in the priority
since publication of the notice of proposed waiver and extension of the
project period with funding follows.
Comment: Two commenters submitted comments that were not relevant
to the waiver and extension.
Discussion: The Department does not address general comments not
directly related to the proposed waiver and extension with funding.
Change: None.
Comment: Three commenters submitted comments in support of the
extension of funding stating the funding is necessary to advance
students' artistic development and to develop well-rounded students.
Discussion: We appreciate the commenters' support for the funding
extension for AENP and agree that funding this extension will continue
to advance students' artistic development.
Change: None.
Final Waiver and Extension of the Project Period With Funding
The Department intends to comply with the directive in the Full-
Year Continuing Appropriations and Extensions Act, 2025 and align with
the dates of the AAE awards funded in FY 2021 under ALN 84.351A, which
are scheduled to receive their final year of funding in FY 2025, and
end on September 30, 2026.
Consequently, the Secretary waives the requirements in 34 CFR
75.261(a) and (b)(2), which allow the extension of a project period
only if the extension does not involve the obligation of additional
Federal funds. This waiver allows the Department to issue a one-year FY
2025 continuation award to the currently funded 84.351A project at an
amount consistent with the amount awarded in FY 2024.
Any activities carried out during the year of this continuation
award must be consistent with, or a logical extension of, the scope,
goals, and objectives of the grantee's application as approved in the
FY 2022 competition. The requirements for continuation awards are set
forth in 34 CFR 75.253.
Regulatory Flexibility Act Certification
The Secretary certifies that this proposed regulatory action would
not have a substantial economic impact on a substantial number of small
entities.
The U.S. Small Business Administration Size Standards define
proprietary institutions as small businesses if they are independently
owned and operated, are not dominant
[[Page 35440]]
in their field of operation, and have total annual revenue below
$7,000,000. Nonprofit institutions are defined as small entities if
they are independently owned and operated and not dominant in their
field of operation. Public institutions are defined as small
organizations if they are operated by a government overseeing a
population below 50,000.
Paperwork Reduction Act of 1995
This notice of final waiver and extension of the project period
with funding does not contain any information collection requirements.
Intergovernmental Review
This action is subject to Executive Order 12372 and the regulations
in 34 CFR part 79.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
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 at www.govinfo.gov. 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.
Hayley B. Sanon,
Principal Deputy Assistant Secretary and Acting Assistant Secretary,
Office of Elementary and Secondary Education.
[FR Doc. 2025-14188 Filed 7-25-25; 8:45 am]
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