80 FR 38672 - Final Waiver and Extension of the Project Period; Native Hawaiian Career and Technical Education Program

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 129 (July 7, 2015)

For the 24-month projects funded in fiscal year (FY) 2013 under the Native Hawaiian Career and Technical Education Program (NHCTEP), the Secretary waives the requirements that generally prohibit project period extensions involving the obligation of additional Federal funds. The Secretary also extends the project period of the seven current grants for up to an additional 24 months. This enables the current NHCTEP grantees to request and continue to receive Federal funding annually for project periods through FY 2016 and possibly through FY 2017.

[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38672-38674]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16622]


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DEPARTMENT OF EDUCATION

[Catalog of Federal Domestic Assistance (CFDA) Number: 84.259A.]


Final Waiver and Extension of the Project Period; Native Hawaiian 
Career and Technical Education Program

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Final waiver and extension of the project period.

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SUMMARY: For the 24-month projects funded in fiscal year (FY) 2013 
under the Native Hawaiian Career and Technical Education Program 
(NHCTEP), the Secretary waives the requirements that generally prohibit 
project period extensions involving the obligation of additional 
Federal funds. The Secretary also extends the project period of the 
seven current grants for up to an additional 24 months. This enables 
the current NHCTEP grantees to request and continue to receive Federal 
funding annually for project periods through FY 2016 and possibly 
through FY 2017.

DATES: The waiver and extension of the project period is effective July 
7, 2015.

FOR FURTHER INFORMATION CONTACT: Linda Mayo, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 11075, Potomac Center Plaza, 
Washington, DC 20202-7241. Telephone: (202) 245-7792, or by email at: 
[email protected].
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: On February 10, 2015, we published in the 
Federal Register (80 FR 7379) a proposed waiver of 34 CFR 75.261(a) and 
(c)(2) and extension of the project period (proposed waiver and 
extension) in order to--
    (1) Enable the Secretary to provide additional funds to the current 
NHCTEP grantees with FY 2015 funds and possibly FY 2016 funds for 
project periods through FY 2016 and possibly through FY 2017; and
    (2) Request comments on the proposed waiver and extension.
    There are no substantive differences between the proposed waiver 
and extension and the final waiver and extension.
    Public Comment: In response to our invitation in the proposed 
waiver and extension, we received six comments. Generally, we do not 
address comments that raise concerns not related to the proposed waiver 
and extension.

Analysis of Comments and Discussion

    An analysis of the comments received in response to the proposed 
waiver and extension follows.
    Comment: Almost all commenters supported the proposed waiver and 
extension of the NHCTEP project period. The commenters provided various 
reasons for their support of the waiver and extension, including the 
great need for funding beyond the two-year project period.
    One commenter, who supported the proposed waiver and extension, 
stated that an abrupt suspension in the NHCTEP grantees' training 
services, as well as outreach, recruitment, academic, and retention 
efforts, would be detrimental to students who would then have to rely 
on welfare services instead of vocational training opportunities.
    Another commenter stated that the continuity of funding would be a 
tremendous stabilizing benefit to the program and students. The 
commenter further stated that NHCTEP grantees have placed students in 
well-paying jobs with opportunities for advancement and the continuity 
of support would be more effective in maintaining their high-quality 
services. The commenter expressed the view that the extension would 
also help maximize their recruitment efforts, as well as positively 
affect the direct participation and completion of the Native Hawaiian 
students enrolled in NHCTEP-funded projects.
    Two commenters indicated that the continuation of an existing 
NHCTEP grantee's program and its consortium of sub-grantees would allow 
them to continue to provide valued career and technical education (CTE) 
services to Native Hawaiian students, including special needs students. 
Also, the commenters stated that continuation grant awards would allow 
the consortium to continue providing specialized CTE training that 
would maximize both the participation and completion of Native Hawaiian 
students.
    Finally, a commenter stated that the proposed waiver and extension 
would allow NHCTEP-funded projects more time to prepare Native Hawaiian 
high school students for postsecondary training or the workforce.
    Discussion: We appreciate the support of the commenters and agree 
that extending the current NHCTEP grant period will allow current 
NHCTEP grantees to continue to work toward accomplishing the goals and 
objectives stated in their 2013 NHCTEP grant applications, including 
providing specialized CTE training to Native Hawaiian students. We 
agree that it is important that there not be a lapse in programming 
provided by NHCTEP grantees to CTE students.
    Changes: None.
    Comment: One commenter asked why the Department used the notice and 
comment procedures of the Administrative Procedure Act (APA) for this 
proposed waiver and extension. The commenter characterized the waiver 
and extension as a general statement of policy that would not fall 
within the APA's notice and comment rulemaking requirements, and 
inquired as to why the Department treated the waiver and extension 
differently. The commenter also cited the APA's exception of 
interpretive rules and statements of policy from the requirement for 
rules to have an effective date no fewer than 30 days after their date 
of publication.
    Discussion: The APA defines a ``rule'' as ``an agency statement of 
general or particular applicability and future effect designed to 
implement, interpret, or prescribe law or policy'' and requires 
agencies to follow notice and comment procedures when formulating, 
amending, or repealing rules. 5 U.S.C. 551, 553. As the commenter 
notes, the APA provides some exceptions to this requirement. For 
instance, absent another statute to the contrary, the APA exempts 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice'' from its notice and 
comment rulemaking requirements. 5 U.S.C. 553(b)(A). In addition, the 
APA exempts ``matter[s] relating to . . . loans, grants,

[[Page 38673]]

benefits, or contracts'' from notice and comment rulemaking. 5 U.S.C. 
553(a)(2).
    However, the General Education Provisions Act limits applicability 
of the APA's grants exemption to regulations (1) governing the first 
grant program under a new or substantially revised program authority, 
or (2) where the Secretary finds that use of notice and comment 
rulemaking would cause ``extreme hardship to the intended beneficiaries 
of the program affected by such regulations.'' 20 U.S.C. 1232(d). 
Neither of those two exceptions was applicable. As a result, the 
Department followed its standard practice of utilizing notice and 
comment rulemaking procedures for rules governing its grant programs.
    The commenter is correct that the proposed waiver and extension 
could arguably be construed as an interpretive rule, which would not 
require use of the APA's notice and comment procedures. See 5 U.S.C. 
553(b)(A). However, it is the Department's general practice to err on 
the side of providing the public with more openness, accessibility and 
transparency into its actions whenever practicable. This is especially 
true where, as here, no party is likely to be adversely affected by the 
Department's decision to seek notice and comment.
    Changes: None.

Background

    NHCTEP, authorized by section 116 of the Carl D. Perkins Career and 
Technical Education Act of 2006 (the Perkins Act), supports grants to 
community-based organizations primarily serving and representing Native 
Hawaiians. Under this program, grantees carry out projects that provide 
organized educational activities offering a sequence of courses that--
    (a) Provides individuals with coherent and rigorous content aligned 
with challenging academic standards and relevant technical knowledge 
and skills needed to prepare for further education and careers in 
current or emerging professions;
    (b) Provides technical skill proficiency, an industry-recognized 
credential, a certificate, or an associate degree; and
    (c) Includes competency-based applied learning that contributes to 
the academic knowledge, higher-order reasoning and problem-solving 
skills, work attitudes, general employability skills, technical and 
occupation-specific skills, and knowledge of all aspects of an 
industry, including entrepreneurship, of an individual. Projects may 
include prerequisite courses (other than remedial courses) that meet 
the definitional requirements of section 3(5)(A) of the Perkins Act (20 
U.S.C. 2302(5)(A)).
    On June 14, 2013, we published in the Federal Register (78 FR 
35877) a notice inviting applications for NHCTEP grants (2013 NIA). 
Although the Secretary invited applications with a proposed project 
period of five years in previous NHCTEP competitions, in 2013, in 
anticipation of congressional reauthorization of the Perkins Act, the 
Department invited applications with proposed project periods of two 
years. The project periods for the NHCTEP projects funded under the 
2013 NIA are scheduled to end in FY 2015. Because there is the 
potential for changes in the Perkins Act for NHCTEP beyond 2015, we do 
not believe it is in the public interest to hold a new NHCTEP 
competition in FY 2015 for projects that may then operate for just one 
year, or to announce a competition under which eligible entities would 
be expected to proceed through the application preparation and 
submission process while lacking critical information about the future 
of the program. Further, we do not think that it is in the public 
interest to have a lapse in the services currently provided by the 
NHCTEP grantees.
    For these reasons, the Secretary waives the requirements of 34 CFR 
75.261(a) and (c)(2) that generally prohibit project period extensions 
involving the obligation of additional Federal funds and extends the 
NHCTEP project period for up to 24 months. The waiver and extension 
will allow the current NHCTEP grantees to request and receive Federal 
funding annually for project periods through FY 2016 and possibly 
through FY 2017. We will fund the extended project period by using 
funds appropriated for FY 2015 or FY 2016, depending on whether the 
grants are extended for one or two years.
    Any activities carried out during the period of a NHCTEP 
continuation award will have to be consistent with, or a logical 
extension of, the scope, goals, and objectives of the grantee's 
application as approved in the FY 2013 NHCTEP competition. The 
requirements applicable to continuation awards for this competition set 
forth in the 2013 NIA and the requirements in 34 CFR 75.253 will apply 
to any continuation awards sought by the current NHCTEP grantees. We 
will base our decisions regarding continuation awards on the program 
narratives, budgets, budget narratives, and program performance reports 
submitted by the current grantees, and the requirements in 34 CFR 
75.253.
    The waiver and extension will not exempt the current NHCTEP 
grantees from the appropriation account closing provisions of 31 U.S.C. 
1552(a), nor will they extend the availability of funds previously 
awarded to current NHCTEP grantees. 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 U.S. 
Department of the Treasury and is unavailable for restoration for any 
purpose (31 U.S.C. 1552(b)).

Regulatory Flexibility Act Certification

    The Secretary certifies that the final waiver and extension and the 
activities required to support additional years of funding will not 
have a significant economic impact on a substantial number of small 
entities. The small entities that will be affected by this waiver and 
extension are the seven currently funded NHCTEP grantees and any 
potential applicants.
    The Secretary further certifies that the final waiver and extension 
will not have a significant economic impact on these entities because 
the extension of an existing project imposes minimal compliance costs, 
and the activities required to support the additional years of funding 
will not impose additional regulatory burdens or require unnecessary 
Federal supervision.

Paperwork Reduction Act of 1995

    This waiver and extension does not contain any information 
collection requirements.

Intergovernmental Review

    NHCTEP is not subject to Executive Order 12372 and the regulations 
in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at this 
site.

[[Page 38674]]

    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: July 1, 2015.
Johan E. Uvin,
Acting Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2015-16622 Filed 7-6-15; 8:45 am]
BILLING CODE 4000-01-P