[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]
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DEPARTMENT OF EDUCATION
Projects With Industry; Waiver
AGENCY: Department of Education.
ACTION: Notice of Waiver.
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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]
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