81_FR_12669 81 FR 12622 - Proposed Priorities and Definitions-Fulbright-Hays Group Projects Abroad Program-Short-Term Projects and Long-Term Projects

81 FR 12622 - Proposed Priorities and Definitions-Fulbright-Hays Group Projects Abroad Program-Short-Term Projects and Long-Term Projects

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12622-12626
FR Document2016-05412

The Assistant Secretary for Postsecondary Education proposes priorities and definitions under the Fulbright-Hays Group Projects Abroad (Fulbright-Hays GPA) Program. The Assistant Secretary may use these priorities and definitions for competitions in fiscal year (FY) 2016 and later years. We take this action to focus Federal financial assistance on an identified national need. We intend the priorities to address a gap in the types of institutions, faculty, and students that have historically benefitted from international education opportunities.

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Proposed Rules]
[Pages 12622-12626]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05412]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2015-OPE-0134]


Proposed Priorities and Definitions--Fulbright-Hays Group 
Projects Abroad Program--Short-Term Projects and Long-Term Projects

    CFDA Numbers: 84.021A and 84.021B.

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Proposed priorities and definitions.

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SUMMARY: The Assistant Secretary for Postsecondary Education proposes 
priorities and definitions under the Fulbright-Hays Group Projects 
Abroad (Fulbright-Hays GPA) Program. The Assistant Secretary may use 
these priorities and definitions for competitions in fiscal year (FY) 
2016 and later years. We take this action to focus Federal financial 
assistance on an identified national need. We intend the priorities to 
address a gap in the types of institutions, faculty, and students that 
have historically benefitted from international education 
opportunities.

DATES: We must receive your comments on or before April 11, 2016.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments submitted by fax or by email or those submitted after 
the comment period. To ensure that we do not receive duplicate copies, 
please submit your comments only once. In addition, please include the 
Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under the ``Help'' tab.
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these proposed regulations, address 
them to Reha Mallory, Office of Postsecondary Education, U.S. 
Department of Education, 400 Maryland Avenue SW., Room 3E213, 
Washington, DC 20202.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: Reha Mallory. Telephone: (202) 453-
7502 or by email: [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: 
    Invitation to Comment:
    We invite you to submit comments regarding this notice. To ensure 
that your comments have maximum effect in developing the notice of 
final priorities and definitions, we urge you to identify clearly the 
specific proposed priority or definition that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from these 
proposed priorities and definitions. Please let us know of any further 
ways we could reduce potential costs or increase potential benefits 
while preserving the effective and efficient administration of the 
program.
    During and after the comment period, you may inspect all public 
comments about this notice by accessing Regulations.gov. You may also 
inspect the comments in room 3E203, 400 Maryland Avenue SW., 
Washington, DC 20202, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays. Please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to

[[Page 12623]]

review the comments or other documents in the public rulemaking record 
for this notice. If you want to schedule an appointment for this type 
of accommodation or auxiliary aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The Fulbright-Hays GPA Program supports short-
term and long-term overseas projects in training, research, and 
curriculum development in modern foreign languages and area studies for 
groups of teachers, undergraduate and graduate students, and faculty 
engaged in a common endeavor. Fulbright-Hays GPA short-term projects 
(GPA short-term projects) may include seminars, curriculum development, 
or group research or study. Fulbright-Hays GPA long-term projects (GPA 
long-term projects) support advanced overseas intensive programs that 
focus on the humanities, social sciences, or languages.
    Program Authority: 22 U.S.C. 2452(b)(6).
    Applicable Program Regulations: 34 CFR parts 662 and 664.
    PROPOSED PRIORITIES:
    This notice contains two proposed priorities, one for GPA short-
term projects and one for GPA long-term projects.
    Background:
    The U.S. Department of Education administers the Fulbright-Hays GPA 
Program under the authority of section 102(b)(6) of the Mutual 
Educational and Cultural Exchange Act of 1961 (Fulbright-Hays Act), 22 
U.S.C. 2452(b)(6). The J. William Fulbright Foreign Scholarship Board, 
which is presidentially appointed, sets policies and procedures for 
administering the program and exercises final approval over the 
selection of grantees and fellows for GPA short-term projects and GPA 
long-term projects.
    The objective of the Fulbright-Hays GPA Program is the promotion, 
improvement, and development of modern foreign languages and area 
studies at varying levels of education. To help achieve this objective, 
the program provides opportunities for faculty, teachers, and 
undergraduate and graduate students to conduct individual and group 
projects overseas to carry out research and study in the fields of 
modern foreign languages and area studies.
    There are three types of GPA short-term projects: (1) Short-term 
seminar projects of four to six weeks in length designed to increase 
the linguistic or cultural competency of U.S. students and educators by 
focusing on a particular aspect of area study, such as the culture of 
an area or country of study (34 CFR 664.11); (2) curriculum development 
projects of four to eight weeks in length that provide participants an 
opportunity to acquire resource materials for curriculum development in 
modern foreign language and area studies for use and dissemination in 
the United States (34 CFR 664.12); and (3) group research or study 
projects of three to twelve months in duration designed to give 
participants the opportunity to undertake research or study in a 
foreign country (34 CFR 664.13).
    GPA long-term projects are advanced overseas intensive language 
projects ranging in duration from eight weeks to four years. GPA long-
term projects are designed to take advantage of the opportunities 
present in the foreign country that are not present in the United 
States when providing intensive advanced foreign language training (34 
CFR 664.14).
    The Department's International Strategy for FY 2012-16, 
``Succeeding Globally Through International Education and Engagement,'' 
available at http://www2.ed.gov/about/inits/ed/internationaled/international-strategy-2012-16.html (U.S. Department of Education, 
2012), reflects our commitment to preparing students for a more 
globalized world, and to engaging with the international community in 
order to improve education. The International Strategy's first 
objective is to ``increase the global competencies of all U.S. 
students, including those from traditionally disadvantaged groups.'' 
(U.S. Department of Education, 2012, p.5). Minority-Serving 
Institutions (MSIs) and community colleges are heavily populated by 
students from traditionally disadvantaged groups. Twenty-five percent 
or more of all high school graduates of color, who often are first-
generation college attendees, enroll in community colleges as a way to 
begin their foray into higher education (Edsource, 2008). Research data 
indicate that minority students are less likely to have access to, or 
consider, academic programs that provide the requisite training for 
careers in international service, including study abroad and area 
studies (Tillman, 2010). Among the barriers preventing these students 
from pursuing international studies are a lack of exposure to 
international opportunities and a lack of access to information, 
including information about international careers (Belyavina and 
Bhandari, 2011). In addition, traditionally disadvantaged students 
often have the idea that study abroad is not for them and is a 
privilege for rich students (Martinez, Ranjeet, and Marx, 2009).
    Accordingly, the proposed priority for GPA short-term projects is 
intended to increase the number of applications from MSIs, community 
colleges, and new applicant institutions to provide access to life-
changing opportunities that will prepare traditionally disadvantaged 
students for today's global economy. The proposed priority is designed 
to increase the number and types of students that benefit from these 
projects. By increasing applications from MSIs and community colleges, 
we expect these projects to benefit greater numbers of traditionally 
disadvantaged students.
    To further support the Department's objective of increasing the 
global competencies of all U.S. students, the proposed priority would 
expand the reach of the GPA short-term and long-term overseas projects 
by encouraging applications from new applicant institutions--that is, 
institutions or entities that have not previously been awarded either a 
GPA short-term or long-term project grant. Over the years, the 
Fulbright-Hays GPA Program has received applications from the same pool 
of applicants. This priority is an attempt to encourage applications 
from institutions that have not been awarded a GPA grant.
    The proposed priority for GPA short-term projects is intended to 
promote applications from State educational agencies (SEAs) in order to 
increase international learning opportunities for teachers and 
administrators from the corresponding State, who would work together on 
a research or curriculum development project that would benefit greater 
numbers of K-12 students. Historically, only a small number of SEAs 
have applied for GPA grants.
    Furthermore, while existing programs provide some individual 
educators with opportunities for foreign language learning, study 
abroad, and other international studies, there are few systemic 
opportunities for groups of K-12 educators and administrators from a 
State or local district to work together on a research or curriculum 
development project intended to build global competencies in their 
students.
    The proposed priority for GPA long-term projects is designed to 
increase the number of MSIs that become grantees under these projects, 
in order to increase their students' access to academic coursework, 
instructional activities, and training that would better prepare them 
for the 21st-century global economy, careers in international service, 
and for lifelong engagement

[[Page 12624]]

with the diverse communities in which they live, whether at home or 
abroad.
    Proposed Priorities:
    Proposed Priority 1--Applications for GPA Short-term Projects from 
Selected Institutions and Organizations.
    Applications for GPA short-term projects from the following types 
of institutions and organizations:

[cir] Minority-Serving Institutions (MSIs)
[cir] Community colleges
[cir] New applicants
[cir] State educational agencies (SEAs)

    Proposed Priority 2--Applications for GPA Long-term Projects from 
Minority-Serving Institutions (MSIs).
    Applications for GPA long-term advanced overseas intensive language 
training projects from MSIs.
    Types of Priorities:
    When inviting applications for a competition using one or more 
priorities, we designate the type of each priority as absolute, 
competitive preference, or invitational through a notice in the Federal 
Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 5.105(c)(1)).
    PROPOSED DEFINITIONS: The Assistant Secretary proposes the 
following definitions for this program. We may apply one or more of 
these definitions in any year in which this program is in effect.
    Background: We propose the following definitions to provide clarity 
for applicants addressing the proposed priorities. The proposed 
definitions for ``community colleges,'' ``MSIs,'' and ``SEAs'' are from 
section 312(f) of the Higher Education Act of 1965, as amended (HEA); 
sections 316 through 320 of part A of title III of the HEA; and 34 CFR 
77.1, respectively. These proposed definitions will provide consistency 
across Department programs and will be familiar to applicants. For 
purposes of Proposed Priority 1, the proposed definition for ``new 
applicant'' is similar to the definition used in previous years and is 
designed to expand the reach of the GPA short-term projects to include 
institutions and entities that have not previously received a GPA 
grant.
    Definitions:
    Community college means an institution that meets the definition in 
section 312(f) of the HEA (20 U.S.C. 1058(f)); or an institution of 
higher education (as defined in section 101 of the HEA (20 U.S.C. 
1001)) that awards degrees and certificates, more than 50 percent of 
which are not bachelor's degrees (or an equivalent).
    Minority-serving institution (MSI) means an institution that is 
eligible to receive assistance under sections 316 through 320 of part A 
of title III, under part B of title III, or under title V of the HEA.
    New applicant means any applicant that has not received a 
discretionary grant from the Department of Education under the 
Fulbright-Hays Act prior to the deadline date for applications under 
this program.
    State educational agency (SEA) means the State board of education 
or other agency or officer primarily responsible for the supervision of 
public elementary and secondary schools in a State. In the absence of 
this officer or agency, it is an officer or agency designated by the 
Governor or State law.
    Final Priorities and Definitions:
    We will announce the final priorities and definitions in a notice 
in the Federal Register. We will determine the final priorities and 
definitions after considering responses to this notice and other 
information available to the Department. This notice does not preclude 
us from proposing additional priorities, requirements, definitions, or 
selection criteria, subject to meeting applicable rulemaking 
requirements.

    Note:  This notice does not solicit applications. In any year in 
which we choose to use one or more of these priorities and 
definitions, we invite applications through a notice in the Federal 
Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this proposed regulatory action is ``significant'' and, therefore, 
subject to the requirements of the Executive order and subject to 
review by the Office of Management and Budget (OMB). Section 3(f) of 
Executive Order 12866 defines a ``significant regulatory action'' as an 
action likely to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this proposed regulatory action under 
Executive Order 13563, which supplements and explicitly reaffirms the 
principles, structures, and definitions governing regulatory review 
established in Executive Order 12866. To the extent permitted by law, 
Executive Order 13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of

[[Page 12625]]

Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these proposed priorities and definitions only on a 
reasoned determination that their benefits would justify their costs. 
In choosing among alternative regulatory approaches, we selected those 
approaches that would maximize net benefits. Based on the analysis that 
follows, the Department believes that this regulatory action is 
consistent with the principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.

Paperwork Reduction Act of 1995

    As part of its continuing effort to reduce paperwork and respondent 
burden, the Department provides the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3506(c)(2)(A)). This helps ensure that: the public 
understands the Department's collection instructions, respondents can 
provide the requested data in the desired format, reporting burden 
(time and financial resources) is minimized, collection instruments are 
clearly understood, and the Department can properly assess the impact 
of collection requirements on respondents.
    The application package associated with Proposed Priority 1--
Applications for GPA Short-term Projects from Selected Institutions and 
Organizations--was previously approved by the Office of Management and 
Budget (OMB) under OMB control number 1840-0792. Proposed Priority 1 
and the proposed definitions will not change the currently approved 
application package, or the approved burden for the application package 
associated with the short-term projects. However, the application 
package associated with Proposed Priority 2--Applications for GPA Long-
term Projects from Minority-Serving Institutions (MSIs)--does not have 
a current OMB control number, and therefore, it will require OMB 
approval under 1840-xxxx. As required by the PRA, the Department is 
submitting to OMB, under OMB control number 1840-xxxx, an information 
collection clearance concurrently with the publication of this notice 
of proposed priorities and definition for long-term projects under CFDA 
number 84.021B.
    We estimate that each applicant would spend approximately 100 hours 
of staff time to address the proposed priorities and definitions, 
prepare the application, and obtain necessary clearances. The total 
number of hours for all applicants will vary based on the number of 
applications. Based on the number of applications the Department 
received in response to the February 23, 2012 notice inviting 
applications, we expect to receive approximately 150 applications. We 
expect each applicant to require 100 hours to complete a GPA long-term 
project application. Accordingly, the total number of hours for all 
expected applicants is an estimated 15,000 hours. We estimate the total 
cost per hour of the staff who carry out this work to be $80.00 per 
hour. The total estimated cost for all applicants would be 
$1,200,000.00.
    We have prepared an Information Collection Request (ICR) for this 
collection (1840-XXXX). If you want to review and comment on the ICR, 
please follow the instructions in the ADDRESSES section of this notice.

    Note:  The Office of Information and Regulatory Affairs in OMB 
and the Department of Education review all comments posted at 
www.regulations.gov.

    In preparing your comments you may want to review the ICR, 
including the supporting materials, in www.regulations.gov by using the 
Docket ID number specified in this notice. This proposed collection is 
identified as proposed collection 1840-XXXX.
    We consider your comments on this proposed collection of 
information in--
     Deciding whether the proposed collection is necessary for 
the proper performance of our functions, including whether the 
information will have practical use;
     Evaluating the accuracy of our estimate of the burden of 
the proposed collection, including the validity of our methodology and 
assumptions;
     Enhancing the quality, usefulness, and clarity of the 
information we collect; and
     Minimizing the burden on those who must respond. This 
includes exploring the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques.
    Between 30 and 60 days after publication of this document in the 
Federal Register, OMB is required to make a decision concerning the 
collection of information contained in these proposed priorities and 
definitions. Therefore, to ensure that OMB gives your comments full 
consideration, it is important that OMB receives your comments on this 
ICR by April 11, 2016. This does not affect the deadline for your 
comments to us on the proposed priorities and definitions.
    If your comments relate to the ICR for these proposed priorities 
and definitions, please specify the Docket ID number and indicate 
``Information Collection Comments'' on the top of your comments.
    Intergovernmental Review: This program 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 program 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 the 
site.
    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.


[[Page 12626]]


    Dated: March 4, 2016.
Lynn B. Mahaffie,
Deputy Assistant Secretary for Policy, Planning and Innovation, 
Delegated the Duties of Assistant Secretary for Postsecondary 
Education.
[FR Doc. 2016-05412 Filed 3-9-16; 8:45 am]
 BILLING CODE 4000-01-P



                                                    12622                  Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules

                                                    regarding officers, employees, and                         b. Remove items 14a and 14a. These items           instructions for accessing agency
                                                    agents shall be identified, and                         are no longer required.                               documents, submitting comments, and
                                                    maintained by the entity, and shall be                     Part II. No changes are required.                  viewing the docket, is available on the
                                                                                                               Part III. a. Change current item 26 to reflect
                                                    deemed to have been filed with FinCEN                                                                         site under the ‘‘Help’’ tab.
                                                                                                            two checkboxes to indicate ‘‘Individual’’ or
                                                    Form 114. Such records shall be                         ‘‘Entity’’ that applies to the information               • Postal Mail, Commercial Delivery,
                                                    retained for a period of 5 years.                       entered in item 26a.                                  or Hand Delivery: If you mail or deliver
                                                    *     *    *     *     *                                   b. Rename the current item 26 to 26a ‘‘Last        your comments about these proposed
                                                    ■ 4. Revise § 1010.420 to read as
                                                                                                            name or organization name of principal joint          regulations, address them to Reha
                                                    follows:
                                                                                                            owner.                                                Mallory, Office of Postsecondary
                                                                                                               Part IV. a. Change current item 34 to reflect      Education, U.S. Department of
                                                    § 1010.420 Records to be made and                       two checkboxes to indicate ‘‘Individual’’ or          Education, 400 Maryland Avenue SW.,
                                                    retained by persons having financial                    ‘‘Entity’’ that applies to the information            Room 3E213, Washington, DC 20202.
                                                    interests in foreign financial accounts.                entered in item 26a.
                                                                                                               b. Rename the current item 34 to 34a ‘‘Last
                                                                                                                                                                     Privacy Note: The Department’s
                                                       Records of accounts required by                      name or organization name of account owner.           policy is to make all comments received
                                                    § 1010.350 to be reported to the                           Part V. No changes are required.                   from members of the public available for
                                                    Financial Crimes Enforcement Network                    [FR Doc. 2016–04880 Filed 3–9–16; 8:45 am]
                                                                                                                                                                  public viewing in their entirety on the
                                                    and the Commissioner of Internal                                                                              Federal eRulemaking Portal at
                                                                                                            BILLING CODE 4810–02–P
                                                    Revenue shall be retained by each                                                                             www.regulations.gov. Therefore,
                                                    person having a financial interest in or                                                                      commenters should be careful to
                                                    signature or other authority over any                                                                         include in their comments only
                                                                                                            DEPARTMENT OF EDUCATION                               information that they wish to make
                                                    such account. Such records shall
                                                    contain the name in which each such                     34 CFR Chapter VI                                     publicly available.
                                                    account is maintained, the number or                                                                          FOR FURTHER INFORMATION CONTACT:
                                                    other designation of such account, the                  [Docket ID ED–2015–OPE–0134]                          Reha Mallory. Telephone: (202) 453–
                                                    name and address of the foreign                                                                               7502 or by email: reha.mallory@ed.gov.
                                                                                                            Proposed Priorities and Definitions—
                                                    financial institution, or other foreign                                                                          If you use a telecommunications
                                                                                                            Fulbright-Hays Group Projects Abroad
                                                    person engaged in the business of a                                                                           device for the deaf or a text telephone,
                                                                                                            Program—Short-Term Projects and
                                                    financial institution, with whom such                                                                         call the Federal Relay Service, toll free,
                                                                                                            Long-Term Projects
                                                    account is maintained, the type of such                                                                       at 1–800–877–8339.
                                                    account, and the maximum value of                         CFDA Numbers: 84.021A and                           SUPPLEMENTARY INFORMATION:
                                                    each such account during the reporting                  84.021B.                                                 Invitation to Comment:
                                                    period. Such records shall be retained                  AGENCY: Office of Postsecondary                          We invite you to submit comments
                                                    for a period of 5 years and shall be kept               Education, Department of Education.                   regarding this notice. To ensure that
                                                    at all times available for inspection as                ACTION: Proposed priorities and                       your comments have maximum effect in
                                                    authorized by law. In the computation                   definitions.                                          developing the notice of final priorities
                                                    of the period of 5 years, there shall be                                                                      and definitions, we urge you to identify
                                                    disregarded any period beginning with                   SUMMARY:    The Assistant Secretary for               clearly the specific proposed priority or
                                                    a date on which the taxpayer is indicted                Postsecondary Education proposes                      definition that each comment addresses.
                                                    or information instituted on account of                 priorities and definitions under the                     We invite you to assist us in
                                                    a willful attempt to evade or defeat                    Fulbright-Hays Group Projects Abroad                  complying with the specific
                                                    Federal income tax, the filing of a false               (Fulbright-Hays GPA) Program. The                     requirements of Executive Orders 12866
                                                    or fraudulent Federal income tax return,                Assistant Secretary may use these                     and 13563 and their overall requirement
                                                    or failing to file a Federal income tax                 priorities and definitions for                        of reducing regulatory burden that
                                                    return, and ending with the date on                     competitions in fiscal year (FY) 2016                 might result from these proposed
                                                    which final disposition is made of the                  and later years. We take this action to               priorities and definitions. Please let us
                                                    criminal proceeding.                                    focus Federal financial assistance on an              know of any further ways we could
                                                                                                            identified national need. We intend the               reduce potential costs or increase
                                                    Jennifer Shasky Calvery,                                priorities to address a gap in the types              potential benefits while preserving the
                                                    Director, Financial Crimes Enforcement                  of institutions, faculty, and students that           effective and efficient administration of
                                                    Network.                                                have historically benefitted from                     the program.
                                                      Note: The following appendix will not                 international education opportunities.                   During and after the comment period,
                                                    appear in the Code of Federal Regulations.              DATES: We must receive your comments                  you may inspect all public comments
                                                                                                            on or before April 11, 2016.                          about this notice by accessing
                                                    Appendix                                                ADDRESSES: Submit your comments                       Regulations.gov. You may also inspect
                                                      The following changes to the current                  through the Federal eRulemaking Portal                the comments in room 3E203, 400
                                                    Report of Foreign Bank and Financial                    or via postal mail, commercial delivery,              Maryland Avenue SW., Washington, DC
                                                    Account(s) (FBAR), FinCEN 114, report are               or hand delivery. We will not accept                  20202, between the hours of 8:30 a.m.
                                                    required in order to implement the proposed             comments submitted by fax or by email                 and 4:00 p.m., Washington, DC time,
                                                    changes outlined in the above Notice of                 or those submitted after the comment                  Monday through Friday of each week
                                                    Proposed Rule Making (NPRM). Comments to                period. To ensure that we do not receive              except Federal holidays. Please contact
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                                                    the proposed changes are welcome. Please
                                                                                                            duplicate copies, please submit your                  the person listed under FOR FURTHER
                                                    identify them separately from comments
                                                                                                            comments only once. In addition, please               INFORMATION CONTACT.
                                                    regarding the NPRM.
                                                                                                            include the Docket ID at the top of your                 Assistance to Individuals with
                                                      Part I. a. Filer Information; Add item 2g
                                                    Primary Federal Regulator (this will be a               comments.                                             Disabilities in Reviewing the
                                                    dropdown box containing a list of primary                 • Federal eRulemaking Portal: Go to                 Rulemaking Record: On request we will
                                                    Federal Regulators). This item is required              www.regulations.gov to submit your                    provide an appropriate accommodation
                                                    when item 2e ‘‘Fiduciary or other—Enter                 comments electronically. Information                  or auxiliary aid to an individual with a
                                                    type’’ is completed.                                    on using Regulations.gov, including                   disability who needs assistance to


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                                                                           Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules                                           12623

                                                    review the comments or other                            the culture of an area or country of                  students (Martinez, Ranjeet, and Marx,
                                                    documents in the public rulemaking                      study (34 CFR 664.11); (2) curriculum                 2009).
                                                    record for this notice. If you want to                  development projects of four to eight                    Accordingly, the proposed priority for
                                                    schedule an appointment for this type of                weeks in length that provide                          GPA short-term projects is intended to
                                                    accommodation or auxiliary aid, please                  participants an opportunity to acquire                increase the number of applications
                                                    contact the person listed under FOR                     resource materials for curriculum                     from MSIs, community colleges, and
                                                    FURTHER INFORMATION CONTACT.                            development in modern foreign                         new applicant institutions to provide
                                                       Purpose of Program: The Fulbright-                   language and area studies for use and                 access to life-changing opportunities
                                                    Hays GPA Program supports short-term                    dissemination in the United States (34                that will prepare traditionally
                                                    and long-term overseas projects in                      CFR 664.12); and (3) group research or                disadvantaged students for today’s
                                                    training, research, and curriculum                      study projects of three to twelve months              global economy. The proposed priority
                                                    development in modern foreign                           in duration designed to give participants             is designed to increase the number and
                                                    languages and area studies for groups of                the opportunity to undertake research or              types of students that benefit from these
                                                    teachers, undergraduate and graduate                    study in a foreign country (34 CFR                    projects. By increasing applications
                                                    students, and faculty engaged in a                      664.13).                                              from MSIs and community colleges, we
                                                    common endeavor. Fulbright-Hays GPA                        GPA long-term projects are advanced                expect these projects to benefit greater
                                                    short-term projects (GPA short-term                     overseas intensive language projects                  numbers of traditionally disadvantaged
                                                    projects) may include seminars,                         ranging in duration from eight weeks to               students.
                                                    curriculum development, or group                        four years. GPA long-term projects are                   To further support the Department’s
                                                    research or study. Fulbright-Hays GPA                   designed to take advantage of the                     objective of increasing the global
                                                    long-term projects (GPA long-term                       opportunities present in the foreign                  competencies of all U.S. students, the
                                                    projects) support advanced overseas                     country that are not present in the                   proposed priority would expand the
                                                    intensive programs that focus on the                    United States when providing intensive                reach of the GPA short-term and long-
                                                    humanities, social sciences, or                         advanced foreign language training (34                term overseas projects by encouraging
                                                    languages.                                              CFR 664.14).                                          applications from new applicant
                                                       Program Authority: 22 U.S.C.                            The Department’s International                     institutions—that is, institutions or
                                                    2452(b)(6).                                             Strategy for FY 2012–16, ‘‘Succeeding                 entities that have not previously been
                                                       Applicable Program Regulations: 34                                                                         awarded either a GPA short-term or
                                                                                                            Globally Through International
                                                    CFR parts 662 and 664.                                                                                        long-term project grant. Over the years,
                                                       PROPOSED PRIORITIES:                                 Education and Engagement,’’ available
                                                                                                            at http://www2.ed.gov/about/inits/ed/                 the Fulbright-Hays GPA Program has
                                                       This notice contains two proposed
                                                                                                            internationaled/international-strategy-               received applications from the same
                                                    priorities, one for GPA short-term
                                                                                                            2012-16.html (U.S. Department of                      pool of applicants. This priority is an
                                                    projects and one for GPA long-term
                                                                                                            Education, 2012), reflects our                        attempt to encourage applications from
                                                    projects.
                                                       Background:                                          commitment to preparing students for a                institutions that have not been awarded
                                                       The U.S. Department of Education                     more globalized world, and to engaging                a GPA grant.
                                                    administers the Fulbright-Hays GPA                      with the international community in                      The proposed priority for GPA short-
                                                    Program under the authority of section                  order to improve education. The                       term projects is intended to promote
                                                    102(b)(6) of the Mutual Educational and                 International Strategy’s first objective is           applications from State educational
                                                    Cultural Exchange Act of 1961                           to ‘‘increase the global competencies of              agencies (SEAs) in order to increase
                                                    (Fulbright-Hays Act), 22 U.S.C.                         all U.S. students, including those from               international learning opportunities for
                                                    2452(b)(6). The J. William Fulbright                    traditionally disadvantaged groups.’’                 teachers and administrators from the
                                                    Foreign Scholarship Board, which is                     (U.S. Department of Education, 2012,                  corresponding State, who would work
                                                    presidentially appointed, sets policies                 p.5). Minority-Serving Institutions                   together on a research or curriculum
                                                    and procedures for administering the                    (MSIs) and community colleges are                     development project that would benefit
                                                    program and exercises final approval                    heavily populated by students from                    greater numbers of K–12 students.
                                                    over the selection of grantees and                      traditionally disadvantaged groups.                   Historically, only a small number of
                                                    fellows for GPA short-term projects and                 Twenty-five percent or more of all high               SEAs have applied for GPA grants.
                                                    GPA long-term projects.                                 school graduates of color, who often are                 Furthermore, while existing programs
                                                       The objective of the Fulbright-Hays                  first-generation college attendees, enroll            provide some individual educators with
                                                    GPA Program is the promotion,                           in community colleges as a way to begin               opportunities for foreign language
                                                    improvement, and development of                         their foray into higher education                     learning, study abroad, and other
                                                    modern foreign languages and area                       (Edsource, 2008). Research data indicate              international studies, there are few
                                                    studies at varying levels of education.                 that minority students are less likely to             systemic opportunities for groups of K–
                                                    To help achieve this objective, the                     have access to, or consider, academic                 12 educators and administrators from a
                                                    program provides opportunities for                      programs that provide the requisite                   State or local district to work together
                                                    faculty, teachers, and undergraduate                    training for careers in international                 on a research or curriculum
                                                    and graduate students to conduct                        service, including study abroad and area              development project intended to build
                                                    individual and group projects overseas                  studies (Tillman, 2010). Among the                    global competencies in their students.
                                                    to carry out research and study in the                  barriers preventing these students from                  The proposed priority for GPA long-
                                                    fields of modern foreign languages and                  pursuing international studies are a lack             term projects is designed to increase the
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                                                    area studies.                                           of exposure to international                          number of MSIs that become grantees
                                                       There are three types of GPA short-                  opportunities and a lack of access to                 under these projects, in order to
                                                    term projects: (1) Short-term seminar                   information, including information                    increase their students’ access to
                                                    projects of four to six weeks in length                 about international careers (Belyavina                academic coursework, instructional
                                                    designed to increase the linguistic or                  and Bhandari, 2011). In addition,                     activities, and training that would better
                                                    cultural competency of U.S. students                    traditionally disadvantaged students                  prepare them for the 21st-century global
                                                    and educators by focusing on a                          often have the idea that study abroad is              economy, careers in international
                                                    particular aspect of area study, such as                not for them and is a privilege for rich              service, and for lifelong engagement


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                                                    12624                  Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules

                                                    with the diverse communities in which                   applicants. For purposes of Proposed                  as an action likely to result in a rule that
                                                    they live, whether at home or abroad.                   Priority 1, the proposed definition for               may—
                                                       Proposed Priorities:                                 ‘‘new applicant’’ is similar to the                      (1) Have an annual effect on the
                                                       Proposed Priority 1—Applications for                 definition used in previous years and is              economy of $100 million or more, or
                                                    GPA Short-term Projects from Selected                   designed to expand the reach of the                   adversely affect a sector of the economy,
                                                    Institutions and Organizations.                         GPA short-term projects to include                    productivity, competition, jobs, the
                                                       Applications for GPA short-term                      institutions and entities that have not               environment, public health or safety, or
                                                    projects from the following types of                    previously received a GPA grant.                      State, local, or tribal governments or
                                                    institutions and organizations:                            Definitions:                                       communities in a material way (also
                                                    Æ Minority-Serving Institutions (MSIs)                     Community college means an                         referred to as an ‘‘economically
                                                    Æ Community colleges                                    institution that meets the definition in              significant’’ rule);
                                                    Æ New applicants                                        section 312(f) of the HEA (20 U.S.C.                     (2) Create serious inconsistency or
                                                    Æ State educational agencies (SEAs)                     1058(f)); or an institution of higher                 otherwise interfere with an action taken
                                                       Proposed Priority 2—Applications for                 education (as defined in section 101 of               or planned by another agency;
                                                                                                            the HEA (20 U.S.C. 1001)) that awards                    (3) Materially alter the budgetary
                                                    GPA Long-term Projects from Minority-
                                                                                                            degrees and certificates, more than 50                impacts of entitlement grants, user fees,
                                                    Serving Institutions (MSIs).
                                                                                                            percent of which are not bachelor’s                   or loan programs or the rights and
                                                       Applications for GPA long-term
                                                                                                            degrees (or an equivalent).                           obligations of recipients thereof; or
                                                    advanced overseas intensive language                                                                             (4) Raise novel legal or policy issues
                                                    training projects from MSIs.                               Minority-serving institution (MSI)
                                                                                                                                                                  arising out of legal mandates, the
                                                       Types of Priorities:                                 means an institution that is eligible to
                                                                                                                                                                  President’s priorities, or the principles
                                                       When inviting applications for a                     receive assistance under sections 316
                                                                                                                                                                  stated in the Executive order.
                                                    competition using one or more                           through 320 of part A of title III, under
                                                                                                                                                                     This proposed regulatory action is not
                                                    priorities, we designate the type of each               part B of title III, or under title V of the
                                                                                                                                                                  a significant regulatory action subject to
                                                    priority as absolute, competitive                       HEA.
                                                                                                                                                                  review by OMB under section 3(f) of
                                                    preference, or invitational through a                      New applicant means any applicant                  Executive Order 12866.
                                                    notice in the Federal Register. The                     that has not received a discretionary                    We have also reviewed this proposed
                                                    effect of each type of priority follows:                grant from the Department of Education                regulatory action under Executive Order
                                                       Absolute priority: Under an absolute                 under the Fulbright-Hays Act prior to                 13563, which supplements and
                                                    priority, we consider only applications                 the deadline date for applications under              explicitly reaffirms the principles,
                                                    that meet the priority (34 CFR                          this program.                                         structures, and definitions governing
                                                    75.105(c)(3)).                                             State educational agency (SEA) means               regulatory review established in
                                                       Competitive preference priority:                     the State board of education or other                 Executive Order 12866. To the extent
                                                    Under a competitive preference priority,                agency or officer primarily responsible               permitted by law, Executive Order
                                                    we give competitive preference to an                    for the supervision of public elementary              13563 requires that an agency—
                                                    application by (1) awarding additional                  and secondary schools in a State. In the                 (1) Propose or adopt regulations only
                                                    points, depending on the extent to                      absence of this officer or agency, it is an           upon a reasoned determination that
                                                    which the application meets the priority                officer or agency designated by the                   their benefits justify their costs
                                                    (34 CFR 75.105(c)(2)(i)); or (2) selecting              Governor or State law.                                (recognizing that some benefits and
                                                    an application that meets the priority                     Final Priorities and Definitions:                  costs are difficult to quantify);
                                                    over an application of comparable merit                    We will announce the final priorities                 (2) Tailor its regulations to impose the
                                                    that does not meet the priority (34 CFR                 and definitions in a notice in the                    least burden on society, consistent with
                                                    75.105(c)(2)(ii)).                                      Federal Register. We will determine the               obtaining regulatory objectives and
                                                       Invitational priority: Under an                      final priorities and definitions after                taking into account—among other things
                                                    invitational priority, we are particularly              considering responses to this notice and              and to the extent practicable—the costs
                                                    interested in applications that meet the                other information available to the                    of cumulative regulations;
                                                    priority. However, we do not give an                    Department. This notice does not                         (3) In choosing among alternative
                                                    application that meets the priority a                   preclude us from proposing additional                 regulatory approaches, select those
                                                    preference over other applications (34                  priorities, requirements, definitions, or             approaches that maximize net benefits
                                                    CFR 5.105(c)(1)).                                       selection criteria, subject to meeting                (including potential economic,
                                                       PROPOSED DEFINITIONS: The                            applicable rulemaking requirements.                   environmental, public health and safety,
                                                    Assistant Secretary proposes the                                                                              and other advantages; distributive
                                                                                                              Note: This notice does not solicit
                                                    following definitions for this program.                 applications. In any year in which we choose          impacts; and equity);
                                                    We may apply one or more of these                       to use one or more of these priorities and               (4) To the extent feasible, specify
                                                    definitions in any year in which this                   definitions, we invite applications through a         performance objectives, rather than the
                                                    program is in effect.                                   notice in the Federal Register.                       behavior or manner of compliance a
                                                       Background: We propose the                                                                                 regulated entity must adopt; and
                                                    following definitions to provide clarity                Executive Orders 12866 and 13563                         (5) Identify and assess available
                                                    for applicants addressing the proposed                                                                        alternatives to direct regulation,
                                                                                                            Regulatory Impact Analysis
                                                    priorities. The proposed definitions for                                                                      including economic incentives—such as
                                                    ‘‘community colleges,’’ ‘‘MSIs,’’ and                      Under Executive Order 12866, the                   user fees or marketable permits—to
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                                                    ‘‘SEAs’’ are from section 312(f) of the                 Secretary must determine whether this                 encourage the desired behavior, or
                                                    Higher Education Act of 1965, as                        proposed regulatory action is                         provide information that enables the
                                                    amended (HEA); sections 316 through                     ‘‘significant’’ and, therefore, subject to            public to make choices.
                                                    320 of part A of title III of the HEA; and              the requirements of the Executive order                  Executive Order 13563 also requires
                                                    34 CFR 77.1, respectively. These                        and subject to review by the Office of                an agency ‘‘to use the best available
                                                    proposed definitions will provide                       Management and Budget (OMB).                          techniques to quantify anticipated
                                                    consistency across Department                           Section 3(f) of Executive Order 12866                 present and future benefits and costs as
                                                    programs and will be familiar to                        defines a ‘‘significant regulatory action’’           accurately as possible.’’ The Office of


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                                                                           Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules                                           12625

                                                    Information and Regulatory Affairs of                   Projects from Minority-Serving                        exploring the use of appropriate
                                                    OMB has emphasized that these                           Institutions (MSIs)—does not have a                   automated, electronic, mechanical, or
                                                    techniques may include ‘‘identifying                    current OMB control number, and                       other technological collection
                                                    changing future compliance costs that                   therefore, it will require OMB approval               techniques.
                                                    might result from technological                         under 1840–xxxx. As required by the                      Between 30 and 60 days after
                                                    innovation or anticipated behavioral                    PRA, the Department is submitting to                  publication of this document in the
                                                    changes.’’                                              OMB, under OMB control number                         Federal Register, OMB is required to
                                                      We are issuing these proposed                         1840–xxxx, an information collection                  make a decision concerning the
                                                    priorities and definitions only on a                    clearance concurrently with the                       collection of information contained in
                                                    reasoned determination that their                       publication of this notice of proposed                these proposed priorities and
                                                    benefits would justify their costs. In                  priorities and definition for long-term               definitions. Therefore, to ensure that
                                                    choosing among alternative regulatory                   projects under CFDA number 84.021B.                   OMB gives your comments full
                                                    approaches, we selected those                             We estimate that each applicant                     consideration, it is important that OMB
                                                    approaches that would maximize net                      would spend approximately 100 hours                   receives your comments on this ICR by
                                                    benefits. Based on the analysis that                    of staff time to address the proposed                 April 11, 2016. This does not affect the
                                                    follows, the Department believes that                   priorities and definitions, prepare the               deadline for your comments to us on the
                                                    this regulatory action is consistent with               application, and obtain necessary                     proposed priorities and definitions.
                                                    the principles in Executive Order 13563.                clearances. The total number of hours
                                                      We also have determined that this                                                                              If your comments relate to the ICR for
                                                                                                            for all applicants will vary based on the             these proposed priorities and
                                                    regulatory action would not unduly                      number of applications. Based on the
                                                    interfere with State, local, and tribal                                                                       definitions, please specify the Docket ID
                                                                                                            number of applications the Department                 number and indicate ‘‘Information
                                                    governments in the exercise of their                    received in response to the February 23,
                                                    governmental functions.                                                                                       Collection Comments’’ on the top of
                                                                                                            2012 notice inviting applications, we                 your comments.
                                                      In accordance with both Executive                     expect to receive approximately 150
                                                    orders, the Department has assessed the                 applications. We expect each applicant                   Intergovernmental Review: This
                                                    potential costs and benefits, both                      to require 100 hours to complete a GPA                program is subject to Executive Order
                                                    quantitative and qualitative, of this                   long-term project application.                        12372 and the regulations in 34 CFR
                                                    regulatory action. The potential costs                  Accordingly, the total number of hours                part 79. One of the objectives of the
                                                    are those resulting from statutory                                                                            Executive order is to foster an
                                                                                                            for all expected applicants is an
                                                    requirements and those we have                                                                                intergovernmental partnership and a
                                                                                                            estimated 15,000 hours. We estimate the
                                                    determined as necessary for                                                                                   strengthened federalism. The Executive
                                                                                                            total cost per hour of the staff who carry
                                                    administering the Department’s                                                                                order relies on processes developed by
                                                                                                            out this work to be $80.00 per hour. The
                                                    programs and activities.                                                                                      State and local governments for
                                                                                                            total estimated cost for all applicants
                                                    Paperwork Reduction Act of 1995                         would be $1,200,000.00.                               coordination and review of proposed
                                                                                                              We have prepared an Information                     Federal financial assistance.
                                                      As part of its continuing effort to                                                                            This document provides early
                                                    reduce paperwork and respondent                         Collection Request (ICR) for this
                                                                                                            collection (1840–XXXX). If you want to                notification of our specific plans and
                                                    burden, the Department provides the                                                                           actions for this program.
                                                    general public and Federal agencies                     review and comment on the ICR, please
                                                    with an opportunity to comment on                       follow the instructions in the ADDRESSES                 Accessible Format: Individuals with
                                                    proposed and continuing collections of                  section of this notice.                               disabilities can obtain this document in
                                                    information in accordance with the                        Note: The Office of Information and                 an accessible format (e.g., braille, large
                                                    Paperwork Reduction Act of 1995 (PRA)                   Regulatory Affairs in OMB and the                     print, audiotape, or compact disc) on
                                                    (44 U.S.C. 3506(c)(2)(A)). This helps                   Department of Education review all                    request to the program contact person
                                                    ensure that: the public understands the                 comments posted at www.regulations.gov.               listed under FOR FURTHER INFORMATION
                                                                                                                                                                  CONTACT.
                                                    Department’s collection instructions,                     In preparing your comments you may
                                                    respondents can provide the requested                   want to review the ICR, including the                    Electronic Access to This Document:
                                                    data in the desired format, reporting                   supporting materials, in                              The official version of this document is
                                                    burden (time and financial resources) is                www.regulations.gov by using the                      the document published in the Federal
                                                    minimized, collection instruments are                   Docket ID number specified in this                    Register. Free Internet access to the
                                                    clearly understood, and the Department                  notice. This proposed collection is                   official edition of the Federal Register
                                                    can properly assess the impact of                       identified as proposed collection 1840–               and the Code of Federal Regulations is
                                                    collection requirements on respondents.                 XXXX.                                                 available via the Federal Digital System
                                                      The application package associated                      We consider your comments on this                   at: www.gpo.gov/fdsys. At this site you
                                                    with Proposed Priority 1—Applications                   proposed collection of information in—                can view this document, as well as all
                                                    for GPA Short-term Projects from                          • Deciding whether the proposed                     other documents of this Department
                                                    Selected Institutions and                               collection is necessary for the proper                published in the Federal Register, in
                                                    Organizations—was previously                            performance of our functions, including               text or Adobe Portable Document
                                                    approved by the Office of Management                    whether the information will have                     Format (PDF). To use PDF you must
                                                    and Budget (OMB) under OMB control                      practical use;                                        have Adobe Acrobat Reader, which is
                                                    number 1840–0792. Proposed Priority 1                     • Evaluating the accuracy of our                    available free at the site.
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                                                    and the proposed definitions will not                   estimate of the burden of the proposed                   You may also access documents of the
                                                    change the currently approved                           collection, including the validity of our             Department published in the Federal
                                                    application package, or the approved                    methodology and assumptions;                          Register by using the article search
                                                    burden for the application package                        • Enhancing the quality, usefulness,                feature at: www.federalregister.gov.
                                                    associated with the short-term projects.                and clarity of the information we                     Specifically, through the advanced
                                                    However, the application package                        collect; and                                          search feature at this site, you can limit
                                                    associated with Proposed Priority 2—                      • Minimizing the burden on those                    your search to documents published by
                                                    Applications for GPA Long-term                          who must respond. This includes                       the Department.


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                                                    12626                  Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Proposed Rules

                                                      Dated: March 4, 2016.                                 populations who are geographically                    and monitoring of accredited
                                                    Lynn B. Mahaffie,                                       isolated from existing recognized                     representatives, to ensure proper
                                                    Deputy Assistant Secretary for Policy,                  Veterans Service Organizations or who                 handling of claims. VA is seeking
                                                    Planning and Innovation, Delegated the                  may not be utilizing other recognized                 comment on the amount of time and the
                                                    Duties of Assistant Secretary for                       Veterans Service Organizations due to                 costs of persons’ time to show that the
                                                    Postsecondary Education.                                cultural barriers or lack of familiarity              organization meets these requirements.
                                                    [FR Doc. 2016–05412 Filed 3–9–16; 8:45 am]              with those organizations.                             VA’s Office of the General Counsel
                                                    BILLING CODE 4000–01–P                                     First, the proposed rulemaking would               accepts recognition requests via mail,
                                                                                                            allow the Secretary of Veterans Affairs               fax, or email.
                                                                                                            to recognize Tribal organizations in a                  Signing Authority: The Secretary of
                                                    DEPARTMENT OF VETERANS                                  similar manner as the Secretary                       Veterans Affairs, or designee, approved
                                                    AFFAIRS                                                 recognizes State organizations.                       this document and authorized the
                                                                                                            Specifically, the proposed rulemaking                 undersigned to sign and submit the
                                                    38 CFR Part 14                                          would consider applications from a                    document to the Office of the Federal
                                                                                                            Tribal organization that is established               Register for publication electronically as
                                                    Recognition of Tribal Organizations for                 and funded by one or more Tribal                      an official document of the Department
                                                    Representation of VA Claimants                          governments to be recognized for the                  of Veterans Affairs. Robert D. Snyder,
                                                                                                            purpose of providing assistance on VA                 Interim Chief of Staff, approved this
                                                    AGENCY:   Department of Veterans Affairs.
                                                                                                            benefit claims. In addition, the proposed             document on March 3, 2016, for
                                                    ACTION:   Notice of Tribal consultation.                rulemaking would allow an employee of                 publication.
                                                                                                            a Tribal government to become
                                                    SUMMARY:   The Department of Veterans                                                                           Approved: March 3, 2016.
                                                                                                            accredited through a recognized State
                                                    Affairs (VA) is considering issuing a                                                                         William F. Russo,
                                                                                                            organization in a similar manner as a
                                                    proposed rulemaking to amend its                                                                              Director, Office of Regulation Policy &
                                                                                                            county veterans’ service officer may
                                                    regulations concerning recognition of                                                                         Management, Department of Veterans Affairs.
                                                                                                            become accredited through a recognized
                                                    certain national, State, and regional or                                                                      [FR Doc. 2016–05163 Filed 3–9–16; 8:45 am]
                                                                                                            State organization. Finally, the proposed
                                                    local organizations for purposes of VA
                                                                                                            rulemaking would extend office space                  BILLING CODE 8320–01–P
                                                    claims representation. Specifically, the
                                                                                                            opportunities already granted to
                                                    proposed rulemaking would amend                         employees of State organizations who
                                                    VA’s regulations to expressly provide                   are accredited to national organizations
                                                    for the VA recognition of Tribal                        to similar employees of Tribal                        ENVIRONMENTAL PROTECTION
                                                    organizations so that representatives of                organizations. The intended effect of                 AGENCY
                                                    Tribal organizations may assist Native                  this proposed rule would be to improve
                                                    American claimants in the preparation,                                                                        40 CFR Part 52
                                                                                                            access of Native American veterans to
                                                    presentation, and prosecution of their                  VA-recognized organizations and VA-
                                                    VA benefit claims. In addition, the                                                                           [EPA–R05–OAR–2014–0658; FRL–9943–45–
                                                                                                            accredited individuals who may assist                 Region 5]
                                                    proposed rule would allow an employee                   them on their benefit claims. The
                                                    of a Tribal government to become                        proposed rulemaking would not                         Air Plan Approval; Ohio; Base Year
                                                    accredited through a recognized State                   preempt Tribal law. This Tribal                       Emission Inventories for the 2008 8-
                                                    organization.                                           consultation is seeking input from                    Hour Ozone Standard
                                                    DATES:   Comments must be received by                   Tribal governments regarding VA’s
                                                    VA on or before April 11, 2016.                         consideration of the issuance of such                 AGENCY:  Environmental Protection
                                                                                                            proposed rulemaking. VA is also                       Agency (EPA).
                                                    ADDRESSES: Written comments should
                                                    be submitted by email at                                seeking comment on the potential                      ACTION: Proposed rule.
                                                    Tribalgovernmentconsultation@va.gov,                    compliance costs.
                                                                                                               In order to become accredited as a                 SUMMARY:  The Environmental Protection
                                                    by fax at 202–273–5716, or by mail at                                                                         Agency (EPA) is proposing to approve,
                                                    U.S. Department of Veterans Affairs,                    Tribal organization, the organization
                                                                                                            must show that it meets the                           under the Clean Air Act (CAA), a State
                                                    Suite 915E, 810 Vermont Avenue NW.,                                                                           Implementation Plan (SIP) revision
                                                    Washington, DC 20420.                                   requirements in 38 CFR 14.628(d).
                                                                                                            Pursuant to § 14.628(d), an organization              submitted by the Ohio Environmental
                                                    FOR FURTHER INFORMATION CONTACT: Clay                   requesting recognition must have as a                 Protection Agency (OEPA) on July 18,
                                                    Ward, VA Office of Tribal Government                    primary purpose serving veterans;                     2014, to address emission inventory
                                                    Relations at (202) 461–7445 (this is not                demonstrate a substantial service                     requirements for the Cleveland-Akron-
                                                    a toll-free number), or by email at                     commitment to veterans either by                      Loraine, Ohio (OH) and Columbus, OH
                                                    Tribalgovernmentconsultation@va.gov,                    showing a sizable organizational                      ozone nonattainment areas and for the
                                                    or by mail at Suite 915B, 810 Vermont                   membership or by showing performance                  Ohio portion of the Cincinnati, Ohio-
                                                    Avenue NW., Washington, DC 20420.                       of veterans’ services to a sizable number             Kentucky-Indiana ozone nonattainment
                                                    SUPPLEMENTARY INFORMATION: VA is                        of veterans; commit a significant portion             area under the 2008 ozone national
                                                    considering issuing a proposed                          of its assets to veterans’ services and               ambient air quality standard. The CAA
                                                    rulemaking that would amend part 14 of                  have adequate funding to properly                     requires emission inventories for all
                                                    title 38, Code of Federal Regulations, to               perform those services; maintain a                    ozone nonattainment areas. The
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    provide for the recognition of Tribal                   policy and capability of providing                    emission inventories contained in
                                                    organizations so that representatives of                complete claims service to each                       Ohio’s July 18, 2014, submission meet
                                                    the organizations may assist Native                     claimant requesting representation or                 this CAA requirement. EPA is also
                                                    American claimants in the preparation,                  give written notice of any limitation in              proposing to confirm that the state of
                                                    presentation, and prosecution of their                  its claims service with advice                        Ohio has acceptable stationary source
                                                    VA benefit claims. The purpose of the                   concerning the availability of alternative            annual emission statement regulations,
                                                    proposed rulemaking would be to                         sources of claims service; and take                   which have been previously approved
                                                    address the needs of Native American                    affirmative action, including training                by the EPA.


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Document Created: 2018-02-02 15:11:38
Document Modified: 2018-02-02 15:11:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed priorities and definitions.
DatesWe must receive your comments on or before April 11, 2016.
ContactReha Mallory. Telephone: (202) 453- 7502 or by email: [email protected]
FR Citation81 FR 12622 

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