FR Doc 04-15473
[Federal Register: July 8, 2004 (Volume 69, Number 130)]
[Rules and Regulations]
[Page 41200-41201]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy04-11]
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DEPARTMENT OF EDUCATION
34 CFR Part 75
RIN 1890-AA09
Direct Grant Programs
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends regulations governing the process for
submitting discretionary grant applications by removing current
provisions requiring specific application formats, thereby permitting
electronic submission of applications. The revisions 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: These regulations are effective August 9, 2004.
FOR FURTHER INFORMATION CONTACT: Kevin Taylor, U.S. Department of
Education, 400 Maryland Avenue, SW., room 7089, PCP, Washington, DC
20202-4248. Telephone: (202) 245-6143, 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: On October 30, 2003, the Secretary published
a notice of proposed rulemaking (NPRM) for these amendments in the
Federal Register (68 FR 61780) in which the Secretary explained that
the Department was proposing to amend its regulations to allow grant
applications to be sent electronically via the Internet. This final
rulemaking document fulfills the Secretary's proposal to remove the
requirement that an application be mailed or hand-delivered. Under the
final rule, the Department can receive applications electronically
without using the pilot program as the authority for receiving
electronic grant applications. As an added benefit, the changes to the
regulations also increase the Department's flexibility to participate
in new government-wide electronic grant initiatives.
There are no differences between the NPRM and these final
regulations, other than a minor editorial change.
Under the new rule, the Department will inform applicants in the
application notice whether the option to apply for a grant
electronically is available or required for a particular grant program
competition. This information will be restated in the application
package's transmittal instructions. The application notice will include
all the other information necessary to apply for a grant, including the
deadline date and time for electronic and paper application.
Analysis of Comments
In response to the Secretary's invitation in the NPRM, three
parties submitted comments on the proposed regulations. An analysis of
the comments follows.
We discuss substantive issues under the sections of the regulations
to which they pertain. Generally, we do not address technical and other
minor changes and suggested changes the law does not authorize the
Secretary to make.
Two commenters strongly supported the proposed changes to the
regulations that would permit the Department to use the Internet to
accept grant applications electronically. One of the supportive
commenters did not address any particular proposed requirement other
than to say generally that the proposed rule was a good idea. One
commenter disagreed with the proposed change.
Section 75.109 Deadline Date for Applications
Comment: One supporter of the changes recommended that we amend the
regulations to state specifically the two application options that are
available to apply for a grant rather than taking the application
methods out of the regulations. For example, the regulation would
specify that an applicant could either use electronic means or submit a
paper application and deliver it by mail, commercial delivery, or
courier to the Department.
Discussion: The Department believes that potential grant applicants
will have adequate opportunity to receive information about the
application formats that will be used for a particular grant program
competition when the Department publishes an application notice in the
Federal Register. The Secretary believes that using the application
notice to convey information regarding a grant competition's
application requirements is a more effective way to convey information
to prospective applicants. Application notices will contain detailed
information on the application process and specific requirements for a
particular grant program competition.
We believe that the new approach of removing the specific
application formats from the regulations and relocating the information
to the application notice will not hinder potential applicants' ability
to learn what application methods are available to them for a grant
competition.
Changes: None.
Comment: Another commenter criticized the change because it would
prevent some applicants from applying for a grant, especially certain
rural and inner-city school districts, and faith-based organizations
that might not have the technical resources or staff to be able to
apply for a grant online.
Discussion: The Department realizes that there are potential
applicants that do not have adequate computer equipment to gain access
to the Internet and, even if the potential applicant had sufficient
computer equipment, telecommunications charges for access to the
Internet from some isolated areas might be prohibitively expensive. To
address this concern, the Secretary will continue to allow applicants
to submit a paper application in lieu of an electronic version.
Furthermore, in grant competitions requiring mandatory submission of
electronic applications, the Secretary will permit applicants to
request a waiver from the mandatory electronic submission requirement.
A waiver will allow applicants to submit a paper application if they
are unable to submit their application electronically. For those
programs that require electronic submission of applications, the
application notice will include instructions on how an applicant can
request a waiver to submit a paper application.
The Department has also taken steps to assist applicants during the
transition from a paper-based application process to an electronic one.
Applicants interested in submitting a grant application electronically
can obtain assistance in several ways. Prospective applicants can
access the Department's e-Grants home page (http://e-grants.ed.gov)
where they can view an online demonstration on how to submit an
application electronically via e-Application. Additionally, the
Department has established a help desk, which applicants can contact
for technical support. There is also an online e-Application User's
Guide to assist applicants in all phases of the electronic application
process.
Changes: None.
[[Page 41201]]
Executive Order 12866
Under Executive Order 12866 we have assessed the potential costs
and benefits of this regulatory action.
The potential costs associated with the final regulations are those
resulting from statutory requirements and those we have determined to
be necessary for administering the Department's programs effectively
and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these final regulations, we have determined that
the benefits of the regulations justify the costs.
Summary of Potential Costs and Benefits
We summarized the potential costs and benefits of these final
regulations in the preamble to the NPRM (68 FR 61781). The cost to an
applicant of submitting an electronic application is significantly less
than the cost of submitting a paper application. Thus, the final rule
will reduce applicant costs dramatically. The costs to applicants and
the Department of maintaining the data included in the applications is
also significantly reduced under the final rule. The benefits of the
rule are also significant, permitting easy means for applicants to
apply and giving applicants more time to prepare their application
because electronic submission eliminates the delay caused by mailing an
application.
Paperwork Reduction Act of 1995
These 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 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 these programs.
Assessment of Educational Impact
In the NPRM we requested comments on whether the proposed
regulations would require transmission of information that any other
agency or authority of the United States gathers or makes available.
Based on the response to the NPRM and on our review, we have
determined that these final regulations do not 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)
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: July 1, 2004.
Rod Paige,
Secretary of Education.
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For the reasons discussed in the preamble, the Secretary amends part 75
of title 34 of the Code of Federal Regulations as follows:
PART 75--DIRECT GRANT PROGRAMS
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1. The authority citation for part 75 continues to read as follows:
Authority: 20 U.S.C 1221e-3 and 3474, unless otherwise noted.
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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 allows an applicant to submit a paper
application, the applicant must show one of the following as proof of
mailing by the deadline date:
* * * * *
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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. 04-15473 Filed 7-7-04; 8:45 am]
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