FR Doc 04-9549
[Federal Register: April 27, 2004 (Volume 69, Number 81)]
[Notices]
[Page 22772-22774]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap04-33]
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DEPARTMENT OF EDUCATION
National Research Center for Career and Technical Education and
National Dissemination Center for Career and Technical Education
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice of proposed extension of project period and waivers.
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SUMMARY: We propose to waive the requirements in 34 CFR 75.261(c)(2)
and 75.250 as they apply to the projects funded in Fiscal Year (FY)
1999 under the National Research Centers authority of section 114(c)(5)
and (6)(A) of the Carl D. Perkins Vocational and Technical Education
Act of 1998 (the Perkins Act). We propose these waivers in order to be
able to extend the project periods for the two current grants awarded
under the FY 1999 National Research Centers (National Center or
Centers) competition.
The waivers as proposed would mean that: (1) Current grants may be
continued at least through 2005 (and possibly for subsequent years,
depending on the availability of appropriations for the National
Centers in those years under the current statutory authority for the
National Centers), instead of ending in 2004, and (2) we would not
announce a new competition or make new awards in 2004.
We are requesting public comments on the proposed extension of
project period and waivers.
DATES: We must receive your comments on or before May 27, 2004.
ADDRESSES: Address all comments about this proposed extension of
project period and waivers to Ricardo Hernandez, U.S. Department of
Education, Office of Vocational and Adult Education, 400 Maryland
Avenue, SW., room 11138, Potomac Center Plaza, Washington, DC 20202-
7120 or Nancy L. Raynor, U.S. Department of Education, Office of
Vocational and Adult Education, 400 Maryland Avenue, SW., room 11040,
Potomac Center Plaza, Washington, DC 20202-7241. If you
[[Page 22773]]
prefer to send your comments through the Internet, use either one of
the following addresses:
Ricardo.Hernandez@ed.gov or
Nancy.Raynor@ed.gov
FOR FURTHER INFORMATION CONTACT: Ricardo Hernandez or Nancy Raynor.
Telephone (202) 245-7818 or (202) 245-7740, respectively.
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 notice of proposed
extension of project period and waivers in an alternative format (e.g.,
Braille, large print, audiotape, or computer diskette) on request to
the contact persons listed under FOR FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding this proposed extension
of project period and these proposed waivers. We are particularly
interested in receiving comments on the potential impact the extension
and waivers may have on the National Research Center for Career and
Technical Education and the National Dissemination Center for Career
and Technical Education, on potential eligible applicants under the
National Centers authority, and on the entities served by these
Centers.
Additionally, we invite you to assist us in complying with the
specific requirements of Executive Order 12866 and its overall
requirement of reducing regulatory burden that might result from this
proposed extension of project period and waivers. Please let us know of
any further opportunities we should take to reduce potential costs or
increase potential benefits while preserving the effective and
efficient administration of the National Centers.
During and after the comment period, you may inspect all public
comments about this proposed extension of project period and waivers in
room 11138 or room 11040, Potomac Center Plaza, 550 12th Street, SW.,
Washington, DC, 7110 between the hours of 8 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 this proposed extension of project period and
waivers. If you want to schedule an appointment for this type of aid,
please contact the persons listed under FOR FURTHER INFORMATION
CONTACT.
Background
On May 19, 1999, we published a notice in the Federal Register (64
FR 27410) inviting applications for new awards for FY 1999 for: (1) The
National Research Center for Career and Technical Education, the
purpose of which is to design and conduct, using a variety of
approaches, research, development, and evaluation activities consistent
with the purposes of the Perkins Act, and (2) the National
Dissemination Center for Career and Technical Education, the purpose of
which is to design and conduct, using a variety of approaches, national
level dissemination and professional development activities consistent
with the purposes of the Perkins Act. In the FY 1999 competition, we
awarded a five-year cooperative agreement to the University of
Minnesota for the National Research Center for Career and Technical
Education and a five-year cooperative agreement to The Ohio State
University for the National Dissemination Center for Career and
Technical Education. These cooperative agreements are now in their
fifth year, during which the Department typically would hold a
competition for new National Centers. However, the Perkins Act, which
includes authorization for the National Centers, expired at the end of
FY 2003. Although the Perkins Act was automatically extended for one
year under section 422 of the General Education Provisions Act (20
U.S.C. 1226a), with the uncertainties presented by the absence of
authorizing legislation for the National Centers beyond 2004, we do not
believe it would be advisable to hold a competition in 2004 for
projects that would then operate for just one year, as grantees would
not have time to establish and operate effective projects. Also, we are
generally reluctant to announce a competition under which eligible
entities would proceed through the application preparation and
submission process while lacking critical information about the future
of the program, and do not think that it would be in the public
interest to do so in this case.
We believe, therefore, that it is preferable and in the best
interest of the education community for us to review requests for
continuation awards from the University of Minnesota (National Research
Center for Career and Technical Education) and The Ohio State
University (National Dissemination Center for Career and Technical
Education) and extend the currently funded projects, rather than hold a
new competition in 2004. We believe that holding a competition this
year for new National Centers would create an unnecessary burden for
potential grantees. Under the circumstances, authorizing current
National Center grantees to request continuation awards would be a more
appropriate and effective means for allowing these entities to continue
their projects under this program and would also result in a more cost-
effective use of Federal funds.
Education Department General Administrative Regulations Requirements
In order to provide for continuation awards after the fifth year of
the National Centers' cooperative agreements, we must waive the
requirements in: (1) 34 CFR 75.250, which provides that the Secretary
may approve a project period of up to 60 months, and (2) 34 CFR
75.261(c)(2), which establishes the conditions for extending a project
period, including prohibiting the extension of a program's project
period if it involves the obligation of additional Federal funds.
The waivers as proposed would mean that: (1) The project period for
the two National Centers grantees that received grants under the FY
1999 competition would be extended to December 31, 2005, instead of
ending in December 2004, (2) continuation awards could be made for any
additional year or years for which Congress appropriates funds under
the existing statutory authority, (3) we would not announce a new
competition in 2004 or make new awards in 2004, (4) the May 19, 1999,
Federal Register notice (64 FR 27410) inviting applications for FY 1999
would govern the projects we propose to extend under this notice, and
(5) the approved applications submitted by the two current grantees
would govern the continuation awards.
Continuation of the Current Grantees
We would make continuation awards for the National Centers using
cooperative agreements. Therefore, we would continue to expect the
Department's interaction with the National Centers to be characterized
by continuing and regular participation in the project, unusually close
collaboration with the grantees, and intervention or direct operational
involvement in the review and approval of project activities.
[[Page 22774]]
Decisions regarding annual continuation awards will be based on the
program narratives, budgets and budget narratives, and Grant
Performance Reports submitted by grantees, and on the regulations in 34
CFR 75.253.
Consistent with 34 CFR 75.253, we would award continuation grants
if we determine, based on information provided by each grantee, that
each grantee is making substantial progress performing approved
National Center grant activities.
We do not interpret these waivers as exempting current grantees
from the account closing provisions of Public Law 101-510, or as
extending the availability of FY 2000 funds awarded to the grantees. As
a result of Public Law 101-510, appropriations available for a limited
period may be used for payments of valid obligations for only five
years after the expiration of their period of availability for Federal
obligation. After that time, the unexpended balance of those funds is
canceled and returned to the Treasury Department and is unavailable for
restoration for any purpose.
Regulatory Flexibility Act Certification
The Secretary certifies that the proposed extension of project
period and waivers and the activities required to support additional
years of funding would not have a significant economic impact on a
substantial number of small entities.
The small entities that would be affected by this proposed
extension of project period and waivers are the two FY 1999 grantees
currently receiving Federal funds and the following entities that are
eligible for an award under the National Centers authority:
(1) An institution of higher education.
(2) A public or private nonprofit organization or agency.
The proposed extension of project period and waivers would not have
a significant economic impact on these entities because the proposed
extension of project period and waivers and the activities required to
support the additional years of funding would not impose excessive
regulatory burdens or require unnecessary Federal supervision. The
proposed extension of project period and waivers would impose minimal
requirements to ensure the proper expenditure of program funds,
including requirements that are standard to continuation awards.
Instructions for Requesting a Continuation Award
Generally, in order to receive a continuation grant, a grantee must
submit an annual program narrative that describes the activities it
intends to carry out during the year of the continuation award. The
activities described must be consistent with, or be a logical extension
of, the scope, goals, and objectives of the grantee's application
approved under the FY 1999 National Research Centers competition and
related cooperative agreements. A grantee must also submit a budget and
budget narrative for each year for which it requests a continuation
award. (34 CFR 75.253(c)(2)). A grantee should request a continuation
award at least 60 days before its current grant expires. A grantee may
request a continuation award for any year for which Congress
appropriates funds under the current statutory authority.
Amount of New Awards Under Continuation Grant
The actual amount of any continuation award depends on factors such
as: (1) The grantee's written statement describing how the funds made
available under the continuation award will be used, (2) a cost
analysis of the grantee's budget by the Department, and (3) whether the
unobligated funds made available are needed to complete activities that
are planned for completion in the prior budget period. (34 CFR 75.232
and 75.253(c)(2)(ii) and (3)).
Paperwork Reduction Act of 1995
This notice of proposed extension of project period and waivers
does not contain any information collection requirements.
Intergovernmental Review
This program is not subject to Executive Order 12372 and the
regulations in 34 CFR part 79.
Assessment of Educational Impact
The Secretary particularly requests comments on whether this
proposed extension of project period and waivers 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 84.051 National Research
Centers.)
Program Authority: 20 U.S.C. 2324(c)(5) and (6)(A).
Dated: April 21, 2004.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 04-9549 Filed 4-26-04; 8:45 am]
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