[Federal Register: March 11, 1996 (Volume 61, Number 48)] [Notices] [Page 9682-9683] From the Federal Register Online via GPO Access [wais.access.gpo.gov] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Projects With Industry; Waiver AGENCY: Department of Education. ACTION: Notice of Waiver. ----------------------------------------------------------------------- SUMMARY: The Secretary waives the requirement in the Education Department General Administrative Regulations (EDGAR) in 34 CFR 75.261(a)(2) that prohibits project extensions that involve the obligation of additional Federal funds. The Secretary waives this EDGAR requirement for fiscal year (FY) 1996 only for the Projects With Industry (PWI) program. The Secretary will issue continuation awards in FY 1996 to all grantees under this program that are in the fifth and final year of the project period in order [[Page 9683]] to ensure the most efficient and effective use of Federal funds. EFFECTIVE DATE: This waiver takes effect on April 10, 1996. FOR FURTHER INFORMATION CONTACT: Thomas E. Finch, U.S. Department of Education, 600 Independence Avenue, S.W., Room 3038, Mary E. Switzer Building, Washington, D.C. 20202-2575. Telephone: (202) 205-8292. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through Friday. SUPPLEMENTARY INFORMATION: A total of 95 grantees, which were first funded in FY 1991, received their fifth and final year of project support in FY 1995. The Department had planned to conduct a competition for new five- year awards later this fiscal year in accordance with revised program regulations that would strengthen certain statutory requirements and enhance project accountability. The revised regulations would contain new application content requirements and new selection criteria for evaluating grant applications. The Department had planned to publish a notice of proposed rulemaking (NPRM) proposing revisions to the existing program regulations in mid-December 1995, but, because of the closure of the Department for a number of weeks in December and early January due to lapsed funding and inclement weather, the Department was unable to meet this schedule. The NPRM was published on January 22, 1996 (60 FR 1672) and provides for a comment period ending March 22, 1996. The Department has now determined that it is unable to publish final regulations in time to have them apply to a competition for new awards in FY 1996. The program statute (section 621(e)(1)(A) of the Rehabilitation Act of 1973, as amended) specifies that a grant may be made for a period of up to five years and may be renewed. The Department has interpreted this authority to mean that it can extend non-competitively PWI grants beyond the five-year project period. The Department has decided to exercise this renewal authority because of the unique circumstances affecting this program this fiscal year and to make continuation awards for an additional year rather than conduct a new competition under the existing program regulations. The Department has, therefore, determined that to make continuation awards under the circumstances previously described makes the most programmatic sense and is the most efficient and effective use of Federal funds. However, to do so, the Department must waive the requirement in EDGAR in 34 CFR 75.261(a)(2) that prohibits the extension of project periods that involve the obligation of additional Federal funds. Waiver of Proposed Rulemaking In accordance with section 437 of the General Education Provisions Act (20 U.S.C. 1232) and the Administrative Procedure Act (5 U.S.C. 553), it is the practice of the Secretary to offer interested parties an opportunity to comment on proposed regulations. However, the Secretary has determined, pursuant to 5 U.S.C. 553(b)(B), that public comment is impracticable because of the time constraints discussed in the Supplementary Information section of this notice. Just as there is insufficient time to change the program regulations for purposes of making new awards in fiscal year 1996, there is not enough time to take public comment on waiving the EDGAR requirement prohibiting cost extensions and make the continuation awards. Regulatory Flexibility Act Certification The Secretary certifies that this waiver would not have a significant economic impact on a substantial number of small entities. The small entities that would be affected by this waiver are program grantees currently receiving Federal funds to complete the fifth and final year of the project period. However, the waiver would not have a significant economic impact on these grantees because the waiver would not impose excessive regulatory burdens or require unnecessary Federal supervision. The waiver would impose minimal requirements to ensure the proper expenditure of program funds-- requirements that are standard to continuation awards. Paperwork Reduction Act of 1995 This waiver has been examined under the Paperwork Reduction Act of 1995 and has been found to contain no information collection requirements. Intergovernmental Review This program is subject to the requirements of Executive Order 12372 and the regulations in 34 CFR Part 79. The objective of the Executive order is to foster an intergovernmental partnership and a strengthened federalism by relying on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. In accordance with the order, this document is intended to provide early notification of the Department's specific plans and actions for this program. (Catalog of Federal Domestic Assistance Number 84.234 Projects With Industry.) Dated: March 4, 1996. Howard R. Moses, Acting Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 96-5593 Filed 3-8-96; 8:45 am] BILLING CODE 4000-01-P