FR Doc 03-27376
[Federal Register: October 30, 2003 (Volume 68, Number 210)]
[Proposed Rules]
[Page 61779-61782]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc03-27]
Download: 
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 75
RIN 1890-AA09
Direct Grant Programs
AGENCY: Department of Education.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Secretary proposes to amend regulations governing the
[[Page 61780]]
process for submitting discretionary grant applications by removing
current provisions requiring specific application formats, thereby
permitting electronic submission of applications. The revisions will
also clarify that only applicants submitting paper applications are
required to submit one original and two copies of their application to
the Department of Education (Department).
DATES: We must receive your comments on or before December 29, 2003.
ADDRESSES: Address all comments about these proposed regulations to
Kevin Taylor, U.S. Department of Education, 400 Maryland Avenue, SW.,
room 3652, ROB-3, Washington, DC 20202-4248. If you prefer to send your
comments through the Internet, use the following address: comments@ed.gov.
You must include the term ``Electronic Applications'' in the
subject line of your electronic message.
FOR FURTHER INFORMATION CONTACT: Kevin Taylor. Telephone: (202) 708-8558 or via Internet: Kevin.Taylor@ed.gov.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding these proposed
regulations. To ensure that your comments have maximum effect in
developing the final regulations, we urge you to identify clearly the
specific section or sections of the proposed regulations that each of
your comments addresses and to arrange your comments in the same order
as the proposed regulations.
During and after the comment period, you may inspect all public
comments about these proposed regulations in room 3652, ROB-3, 7th and
D Streets, SW., Washington, DC, between the hours of 8:30 a.m. and 4
p.m., Eastern time, Monday through Friday of each week except Federal
holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed regulations. If you want to
schedule an appointment for this type of aid, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
Background
The Government Paperwork Elimination Act (GPEA) of 1998, (Pub. L.
105-227) and the Federal Financial Assistance Management Improvement
Act of 1999, (Pub. L. 106-107) encourage Federal departments and
agencies to take initiatives to improve their business processes.
Conducting business over the Internet with applicants and grantees has
been a major part of the Department's response to these Acts.
The Department published a notice in the Federal Register on March
5, 2001 (66 FR 13381-13383), announcing its intention to pilot an
electronic application submission process. These proposed regulations
are a follow-up to the Department's successful implementation of the
pilot system to accept applications electronically via the Internet.
The proposed regulations would remove the requirement that an
application be mailed or hand delivered to the Department. The removal
of this requirement would permit the Department to receive electronic
applications without using the pilot as authority for electronic
submissions.
Since fiscal year (FY) 2000, the Department has used its Grant
Administration and Payment System (GAPS) to conduct the pilot project.
The on-going pilot project involves the use of an Internet-based system
that allows grant applicants to submit their applications
electronically. During FY 2000, eight discretionary grant programs were
included in the pilot. Based on the results of the first year, the
Department found that completing and submitting an application using
the Internet was an effective way for applicants to submit their
applications to the Department. In FY 2001, grant applicants had the
opportunity to submit their applications electronically to 33 program
competitions, and this figure increased to 52 program competitions in
FY 2002. For FY 2003, the Department used its electronic application
system (e-Application) for over 80 grant competitions.
The Department has received over 6,800 electronic applications
since the pilot project began. Online survey responses indicate that
most applicants were pleased with their experience using the
Department's Web site to apply for a grant. In fact, 90 percent of
respondents in FY 2001 and FY 2002 found the system easy to use and 95
percent said that they would use the system in future grant
competitions.
The Department's electronic application system operates in
conjunction with the current paper-based process. The Department
announces in application notices and application packages when a
particular grant program competition will accept applications
electronically. Application packages and notices also include
instructions for applicants that use the electronic application system
that explain what to do if they are prevented from submitting their
application by the closing date and time because the electronic
application system is unavailable.
In addition to e-Application, the Department is working on a
collaborative effort with 26 federal agencies to create a central Web
site for federal funding opportunities. Visitors to the site can search
for funding opportunities and, beginning in FY 2004, will be able to
apply for a grant from the site. As the government-wide portal,
Grants.gov, is fully implemented, each agency will increase over time
the number of participating programs that applicants may apply for
electronically in order to create a Federal-wide electronic grant
application system.
The Department is currently using Grants.gov to post information on
funding opportunities and is preparing to receive applications through
the portal. These activities are part of an effort to consolidate and
streamline grantmaking activities across the Federal Government to make
it easier for the public to find and apply for Federal discretionary
grants. The proposed regulations would increase the Department's
flexibility to participate in these new electronic initiatives.
Under the new regulations, the Secretary could require an applicant
to submit its application by the closing date and time as specified in
the application notice for a grant program competition.
The proposed regulations would also clarify that only applicants
submitting paper applications must submit one original and two copies
of their application to the Department. Applicants submitting
electronic applications would not be subject to Sec. 75.109(a).
Significant Proposed Regulations
Section 75.102 Deadline Date for Applications
Current Regulations: The regulations in Sec. 75.102 address only
applications
[[Page 61781]]
that are either sent via mail, or are hand delivered. The regulations
do not currently reflect the Department's ability to accept electronic
grant applications.
Proposed Regulations: Proposed Sec. 75.102(a) and (b) would give
the Secretary discretion to establish, in the Application Notice for a
competition, the method for submitting an application to the
Department. Paragraph (d) would be amended to limit its coverage to
competitions that require applicants to send their paper applications
to the Department by the deadline date specified in the application
notice.
Reasons: The current regulations do not reflect the existing
electronic application process. These proposed regulations would permit
the Department to establish the method of applying for a grant in the
application notice. These methods would include submissions of grant
applications via an electronic application system designated by the
Department. These provisions are aligned with the President's ``e-Gov''
initiatives for providing electronic services to the public and with
current government-wide initiatives to enhance the public's access to
information and to provide ``one-stop shopping'' for grants.
Section 75.109 Changes to Application; Number of Copies
Current Regulations: Section 75.109(a) currently requires that an
applicant submit an original and two copies of its application to the
Department.
Proposed Regulations: Proposed Sec. 75.109(a) would clarify that
applicants submitting electronic applications would not be required to
submit more than one application to the Department.
Reasons: The proposed changes to this section are needed to make
clear that only applicants submitting paper applications are required
to send one original and two copies of their application to the
Department.
Executive Order 12866
1. Potential Costs and Benefits
Under Executive Order 12866, we have assessed the potential costs
and benefits of this regulatory action.
The potential costs associated with the proposed regulations are
those resulting from statutory requirements and those we have
determined to be necessary for administering these programs effectively
and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this regulatory action, we have determined that the
benefits would justify the costs.
Summary of potential costs and benefits. These regulations
establish an option for submitting applications and should not result
in any additional costs for applicants. Elsewhere in this preamble,
under the heading Significant Proposed Regulations, we discuss the
potential costs and benefits of these proposed regulations.
2. Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum on ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following:
[sbull] Are the requirements in the proposed regulations clearly
stated?
[sbull] Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
[sbull] Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
[sbull] Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections? (A ``section'' is
preceded by the symbol ``Sec. '' and a numbered heading; for example,
Sec. 75.102 Deadline date for applications.
[sbull] Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
[sbull] What else could we do to make the proposed regulations
easier to understand?
Send any comments that concern how the Department could make these
proposed regulations easier to understand to the person listed in the
ADDRESSES section of the preamble.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities.
The small entities that would be affected by these proposed
regulations are those that are applicants for Department grant
programs, such as small local educational agencies (LEAs), non-profit
organizations--including faith-based organizations, Indian tribal
governments, and certain two- and four-year colleges. However, the
regulations would not have a significant economic impact on these small
entities because the regulations only permit additional ways for these
entities to submit an application.
The proposed regulations would benefit both small and large
entities by giving them additional possible options for submission of
grant applications, including the ability to apply for a grant
electronically via the Internet. Thus, both would experience a positive
impact as a result of these proposed regulations.
Paperwork Reduction Act of 1995
These proposed regulations do not contain any information
collection requirements.
Intergovernmental Review
These proposed regulations affect direct grant programs that 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 to strengthen 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 these programs.
Assessment of Educational Impact
The Secretary particularly requests comments on whether these
proposed regulations would require transmission of information that any
other agency or authority of the United States gathers or makes
available.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: 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 on GPO Access at: http://www.gpoaccess.gov/nara/index.html
.
(Catalog of Federal Domestic Assistance Number does not apply.)
[[Page 61782]]
List of Subjects in 34 CFR Part 75
Administrative practice and procedure, Education Department, Grant
programs--education, Grant administration, Performance reports,
Reporting and recordkeeping requirements, Unobligated funds.
Dated: October 24, 2003.
Rod Paige,
Secretary of Education.
For the reasons discussed in the preamble, the Secretary proposes
to amend part 75 of title 34 of the Code of Federal Regulations as
follows:
PART 75--DIRECT GRANT PROGRAMS
1. The authority citation for Part 75 continues to read as follows:
Authority: 20 U.S.C 1221e-3 and 3474, unless otherwise noted.
2. Section 75.102 is amended by revising paragraphs (a) and (b),
and the introductory text in paragraph (d) to read as follows:
Sec. 75.102 Deadline date for applications.
(a) The application notice for a program sets a deadline date for
the transmittal of applications to the Department.
(b) If an applicant wants a new grant, the applicant must submit an
application in accordance with the requirements in the application
notice.
* * * * *
(d) If the Secretary provides that a paper application must be sent
by the deadline date, an applicant must show one of the following as
proof of mailing:
* * * * *
3. Section 75.109 is amended by revising paragraph (a) to read as
follows:
Sec. 75.109 Changes to application; number of copies.
(a) Each applicant that submits a paper application shall submit an
original and two copies to the Department, including any information
that the applicant supplies voluntarily.
* * * * *
[FR Doc. 03-27376 Filed 10-29-03; 8:45 am]
BILLING CODE 4000-01-P