80 FR 58234 - Final Waiver and Extension of the Project Period for the Literacy Information and Communication System Regional Professional Development Centers

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 187 (September 28, 2015)

For the 36-month grant projects funded in fiscal year (FY) 2011, using FY 2010 funds, under the Literacy Information and Communication System (LINCS) Regional Professional Development Centers (RPDC) program, the Secretary hereby waives the restriction against project period extensions involving the obligation of additional Federal funds, and extends the project period of the four LINCS RPDC grants for an additional 12 months. This enables the four current LINCS RPDC grantees that received awards under the FY 2011 competition that were extended for one additional year through FY 2014 using 2013 funds (through September 30, 2015), to seek another continuation award for one additional year through FY 2015 with FY 2014 funds (through September 30, 2016); and we will not announce a new LINCS RPDC competition for FY 2015.

[Federal Register Volume 80, Number 187 (Monday, September 28, 2015)]
[Notices]
[Pages 58234-58235]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24590]


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DEPARTMENT OF EDUCATION


Final Waiver and Extension of the Project Period for the Literacy 
Information and Communication System Regional Professional Development 
Centers

Catalog of Federal Domestic Assistance (CFDA) Number: 84.191B.

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

ACTION: Final Waiver and Extension.

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SUMMARY: For the 36-month grant projects funded in fiscal year (FY) 
2011, using FY 2010 funds, under the Literacy Information and 
Communication System (LINCS) Regional Professional Development Centers 
(RPDC) program, the Secretary hereby waives the restriction against 
project period extensions involving the obligation of additional 
Federal funds, and extends the project period of the four LINCS RPDC 
grants for an additional 12 months. This enables the four current LINCS 
RPDC grantees that received awards under the FY 2011 competition that 
were extended for one additional year through FY 2014 using 2013 funds 
(through September 30, 2015), to seek another continuation award for 
one additional year through FY 2015 with FY 2014 funds (through 
September 30, 2016); and we will not announce a new LINCS RPDC 
competition for FY 2015.

DATES: This final waiver and extension of the project period is 
effective September 28, 2015.

FOR FURTHER INFORMATION CONTACT: Patricia Bennett, U.S. Department of 
Education, 400 Maryland Ave. SW., Room 11013, Potomac Center Plaza, 
Washington, DC 20202. Telephone: (202) 245-7758 or by email at: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: On June 2, 2014, we published in the Federal 
Register (79 FR 31315) a final waiver and extension for the current 36-
month grant projects under the Literacy Information and Communication 
System (LINCS) Regional Professional Development Centers (RPDC) program 
in which the Secretary waived the restriction against project period 
extensions involving the obligation of additional Federal funds and 
extended for an additional 12 months the project period of the four 
LINCS RPDC grants. The Secretary took this action because we did not 
believe that it was in the public interest to hold a LINCS RPDC 
competition for FY 2014, (through September 30, 2015), the same year in 
which the Department's LINCS resource collection contract and the LINCS 
technical services contract would end. This one-year extension of the 
LINCS RPDC project period through FY 2014 ensured seamless technical 
assistance service delivery to our adult education customers.
    On July 24, 2015, we published in the Federal Register (80 FR 
44088) (July 2015 notice) a proposed waiver of 34 CFR 75.261(a) and 
(c)(2), which restricts project period extensions involving the 
obligation of additional Federal funds, as it applies to the LINCS 
RPDC. The Secretary also proposed in the July 2015 notice to extend the 
project period of LINCS RPDC grants for an additional 12 months to 
enable the four current LINCS RPDC grantees that received awards under 
the FY 2011 competition to seek a continuation award for one additional 
year through FY 2015 (through September 30, 2016), with FY 2014 funds, 
in accordance with the transition authority under section 503(c) of the 
Workforce Innovation and Opportunity Act (WIOA), 29 U.S.C. 3343(c), 
which grants the Secretary broad discretion to take appropriate action 
to provide for the orderly transition from the prior Adult Education 
and Family Literacy Act (AEFLA) (20 U.S.C. 9201 et seq.) to AEFLA as 
authorized under WIOA. The Secretaries of Education and Labor have 
published proposed rules implementing WIOA and are also developing 
guidance for the State and local grantees that implement WIOA programs, 
including AEFLA. We did not believe that it would be in the public 
interest to hold a LINCS RPDC competition during a period of 
significant change for State grantees transitioning to new program 
requirements under WIOA, as this is a time when support from the four 
experienced LINCS RPDC grantees would be particularly critical to 
maintaining needed technical assistance and professional development 
for State grantees and adult educators.
    There are no substantive differences between the proposed and final 
waivers and extensions.
    Public Comment: In the July 2015 notice, the Secretary invited 
comments about the potential effect that this waiver and extension of 
the project period would have on LINCS RPDCs and on applicants that may 
be eligible to apply for grant awards under any new LINCS RPDC notice 
inviting applications, should there be one. The July 2015 notice 
contained background information and our reasons for proposing the 
waiver and extension of the project period.
    We received 12 comments in response to our proposal, one of which 
did not address the proposed waiver and extension. Generally, we do not 
address comments that raise concerns not related to the proposed waiver 
and extension.
Analysis of Comments and Changes
    Comment: Each of the 11 commenters who addressed the proposed 
waiver and extension: Supported it, discussed the benefits and 
accomplishments of current LINCS RPDC projects, and stated that an 
extension of the current project period would allow grantees to 
continue to provide quality professional development during a period of 
transition from the requirements of the prior AEFLA to the new 
requirements of AEFLA under WIOA.
    Response: We agree with the 11 commenters that extending the 
current LINCS RPDC grant period will allow current LINCS RPDC grantees 
to request continuation awards with which they could (1) continue to 
work toward accomplishing the goals and objectives stated in their 2011 
LINCS RPDC grant applications, and (2) provide quality professional 
development during a period of transition from the requirements of the 
prior AEFLA to the requirements of AEFLA under WIOA.
    Change: None.

Waiver of Delayed Effective Date

    The Administrative Procedure Act (APA) requires that a substantive 
rule must be published at least 30 days before its effective date, 
except as otherwise provided for good cause (5 U.S.C. 553(d)(3)). The 
Secretary has determined that a delayed effective date is unnecessary 
and contrary to the public interest. It is unnecessary because we 
received only 11 public comments on this action, all of which supported 
our proposal and we have not made any substantive changes to the 
proposal. It is contrary to public interest because we would not be 
able to make timely continuation grants to the four affected entities 
with the delay. Therefore, the Secretary waives the APA's delayed 
effective date provision for good cause.

Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension and the 
activities

[[Page 58235]]

required to support an additional year 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 four currently-funded LINCS RPDC grantees and any 
potential applicants for LINCS RPDC grants in FY 2015.
    The Secretary further certifies that the waiver and extension will 
not have a significant economic impact on these LINCS RPDC entities 
because the waiver and extension impose minimal compliance costs to 
extend projects already in existence, and the activities required to 
support the additional year of funding will not impose additional 
regulatory burdens or require unnecessary Federal supervision. 
Furthermore, the costs of carrying out these activities could be paid 
for with program funds.

Paperwork Reduction Act of 1995

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

Intergovernmental Review

    The LINCS RPDC is 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 this program.
    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 
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    You may also access documents of the Department published in the 
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by the Department.

    Program Authority:  29 U.S.C. 3332(c)(2)(G).

    Dated: September 22, 2015.
Johan E. Uvin,
Deputy Assistant Secretary, Delegated the Authority of Assistant 
Secretary for the Office for Career, Technical, and Adult Education.
[FR Doc. 2015-24590 Filed 9-25-15; 8:45 am]
BILLING CODE 4000-01-P