Department of Education; Office of Vocational and Adult Education; Notice of Funding of Continuation Grant and Waiver for the Pacific Vocational Educational Improvement Program (PVEIP) [OVAE]

FR Doc E7-8527
[Federal Register: May 4, 2007 (Volume 72, Number 86)]
[Notices]               
[Page 25282-25283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04my07-46]                                                                                            
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DEPARTMENT OF EDUCATION

 
 Notice of Funding of Continuation Grant and Waiver for the 
Pacific Vocational Educational Improvement Program (PVEIP)

AGENCY: Office of Vocational and Adult Education, Department of 
Education.
SUMMARY: The Secretary waives the requirements in 34 CFR 75.250 of the 
Education Department General Administrative Regulations (EDGAR) that 
generally prohibit project periods exceeding five years and announces 
the funding of a continuation grant for the PVEIP. This waiver enables 
the current, single eligible grantee, the Pacific Region Educational 
Laboratory (PREL), to continue to receive Federal funding beyond the 
five-year limitation from fiscal years (FYs) 2006 and 2007 
appropriations.

EFFECTIVE DATE: This notice is effective June 4, 2007.

FOR FURTHER INFORMATION CONTACT: Laura Karl Messenger, U.S. Department 
of Education, 400 Maryland Avenue, SW., Room 11028, Potomac Center 
Plaza, Washington, DC 20202-7241. Telephone (202) 245-7840.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) 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: Under the Administrative Procedure Act (APA) 
(5 U.S.C. 553), the Department generally offers interested parties the 
opportunity to comment on proposed regulations. However, on March 9, 
2007, in accordance with section 553(b) of the APA, the Department gave 
actual notice to the current PVEIP single eligible grantee and its sub-
grantees of, and requested comment on, our proposal to waive 34 CFR 
75.250 and to fund a continuation grant instead of requiring PREL to 
submit a new application for a new, one-year grant award. This waiver 
and continuation grant enable the Secretary to provide additional funds 
to the current, single eligible grantee for one additional project 
period, in accordance with the requirements of section 115(b)(1) of the 
Carl D. Perkins Career and Technical Education Act of 2006, Pub.L. 109-
270 (Perkins Act). There are no substantive differences between the 
actual notice of our proposal and this notice of funding of a 
continuation grant and waiver. Therefore, all affected parties were 
provided actual notice of the Department's proposal and an opportunity 
to comment in lieu of publication of a notice of proposed rulemaking in 
the Federal Register.
    The Perkins Act was signed into law on August 12, 2006. The PVEIP 
is authorized by section 115(b)(1) of the Perkins Act, which states 
that, for the first fiscal year following the date of enactment, i.e., 
FY 2007, the Secretary shall award a grant to PREL to make grants for 
career and technical education and training in Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands, and that, 
beginning with the second fiscal year after enactment, the Secretary 
shall make grants in equal proportions to Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands under section 115(b)(2) 
from the funds that were previously reserved for PREL.
    The PVEIP makes grants to Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, for the purpose of 
providing direct career and technical educational services, including: 
(A) Teacher and counselor training and retraining; (B) curriculum 
development; and (C) the improvement of career and technical education 
and training programs in secondary schools and institutions of higher 
education or improving cooperative education programs involving 
secondary schools and institutions of higher education.
    Because the Perkins Act does not make any substantive changes to 
the purpose of the PVEIP, and because the law specifies that PREL is to 
receive an award during one additional fiscal year only, we do not 
believe it would be in the public interest to require PREL to submit a 
new application for a one-year grant award. The nature of the PVEIP, in 
which the single eligible applicant, PREL, is defined in the law, 
allowed us to provide actual notice in lieu of publishing a notice of 
proposed rulemaking, consistent with section 553(b) of the APA. 
Pursuant to the requirements of section 553(b) of the APA, and in order 
to make a timely grant award in FY 2007, on March 9, 2007, we contacted 
PREL and its sub-grantees directly and provided them actual notice of, 
and requested their comments on, our proposal to waive 34 CFR 75.250 
and fund a continuation grant.
    In response to the actual notice of proposed funding of a 
continuation grant and waiver, and our invitation to comment, two 
parties submitted comments supporting the proposed waiver and the 
proposal to fund a continuation grant for the current, single eligible 
grantee. We did not receive any comments opposing the proposed waiver 
and proposal to fund a continuation grant, and, therefore, no 
substantive changes have been made.
    The Secretary waives the requirements in 34 CFR 75.250, which 
prohibit project periods exceeding five years. With this waiver we can 
continue the PVEIP grant to PREL and award the final funding authorized 
by the Perkins Act for PREL from the FY 2006 and FY 2007 
appropriations, in accordance with the requirements of section 
115(b)(1) of the Perkins Act. This waiver of 34 CFR 75.250 means that: 
(1) The current PVEIP grant will be continued in accordance with Sec.  
75.253, and (2) we will not make a new award in FY 2007.
    The waiver of 34 CFR 75.250 does not exempt the current PVEIP 
grantee from the account closing provisions of 31 U.S.C. 1552(a), nor 
does it extend the availability of funds previously awarded to the 
current PVEIP grantee. As a result of 31 U.S.C. 1552(a), appropriations 
available for a limited period may be used for payment 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 this notice of funding of a 
continuation grant and waiver will not have a significant economic 
impact on a substantial number of small entities. The only entities 
that would be affected are the current eligible grantee and the three 
eligible PVEIP sub-grantees.

Paperwork Reduction Act of 1995

    This notice of funding of a continuation grant and waiver does not 
contain any information collection requirements.

Assessment of Educational Impact

    Based on our own review, we have determined that this notice of 
funding of a continuation grant and waiver does not require 
transmission of information that any other agency or authority of the 
United States gathers or makes available.

[[Page 25283]]

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(Catalog of Federal Domestic Assistance Number: 84.048B Pacific 
Vocational Education Improvement Program)

    Program Authority: 20 U.S.C. 2325.

    Dated: April 30, 2007.
Troy R. Justesen,
Assistant Secretary for Vocational and Adult Education.
 [FR Doc. E7-8527 Filed 5-3-07; 8:45 am]

BILLING CODE 4000-01-P