[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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