82_FR_32824 82 FR 32689 - Final Waiver and Extension of the Project Period for the Native Hawaiian Career and Technical Education Program

82 FR 32689 - Final Waiver and Extension of the Project Period for the Native Hawaiian Career and Technical Education Program

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range32689-32690
FR Document2017-14832

For the 24-month projects originally funded in fiscal year (FY) 2013 and extended for an additional 24-months in FY 2015 under the Native Hawaiian Career and Technical Education Program (NHCTEP), the Secretary: Waives the requirements in Education Department regulations that generally prohibit project period extensions involving the obligation of additional Federal funds; and extends the project period for the current seven NHCTEP grantees for an additional 12 months under the existing program authority. This waiver and extension will allow the seven current NHCTEP grantees to seek FY 2017 continuation awards for the project period through FY 2018.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32689-32690]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14832]


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DEPARTMENT OF EDUCATION

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


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

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

ACTION: Final waiver and extension of the project period.

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SUMMARY: For the 24-month projects originally funded in fiscal year 
(FY) 2013 and extended for an additional 24-months in FY 2015 under the 
Native Hawaiian Career and Technical Education Program (NHCTEP), the 
Secretary: Waives the requirements in Education Department regulations 
that generally prohibit project period extensions involving the 
obligation of additional Federal funds; and extends the project period 
for the current seven NHCTEP grantees for an additional 12 months under 
the existing program authority. This waiver and extension will allow 
the seven current NHCTEP grantees to seek FY 2017 continuation awards 
for the project period through FY 2018.

DATES: As of July 17, 2017, the waiver and extension of the project 
period are finalized.

FOR FURTHER INFORMATION CONTACT: Linda Mayo by telephone at (202) 245-
7792 or by email at: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: On April 14, 2017, we published a notice in 
the Federal Register (82 FR 17986) proposing to waive the requirements 
of 34 CFR 75.261(a) and (c)(2) that generally prohibit project period 
extensions involving the obligation of additional Federal funds. In 
that notice, the Secretary also proposed to extend the NHCTEP project 
period for up to an additional 12 months. The proposed waiver and 
extension of the project period would enable the Secretary to provide 
continuation awards to the current NHCTEP grantees through FY 2018 
under the existing program authority.
    That notice contained background information and our reasons for 
proposing the waiver and extension of the project period. This notice 
makes the waiver and extension of the project period final. Any 
activities carried out during the period of a NHCTEP

[[Page 32690]]

continuation award will have to be consistent with, or a logical 
extension of, the scope, goals, and objectives of the grantee's 
application as approved in the FY 2013 NHCTEP competition. The 
requirements applicable to continuation awards for this competition set 
forth in the 2013 notice inviting applications and the requirements in 
34 CFR 75.253 will apply to any continuation awards sought by the 
current NHCTEP grantees.
    We will make decisions regarding the continuation awards based on 
grantee program narratives, budgets and budget narratives, and program 
performance reports and the requirements in 34 CFR 75.253. We will not 
announce a new competition or make new awards in FY 2017.
    The final waiver and project period extension will not exempt the 
current NHCTEP grantees from the appropriation account closing 
provisions of 31 U.S.C. 1552(a), nor would they extend the availability 
of funds previously awarded to current NHCTEP grantees. As a result of 
31 U.S.C. 1552(a), appropriations available for a limited period may be 
used for payment of valid obligations for only five years after the 
expiration of their period of availability for Federal obligation. 
After that time, the unexpended balance of those funds is canceled and 
returned to the U.S. Department of the Treasury and is unavailable for 
restoration for any purpose (31 U.S.C. 1552(b)).
    Public Comment: In the April 14, 2017 notice, the Secretary invited 
comments on the proposed waiver and extension of the project period. We 
received two comments in response to the notice. There are no 
substantive differences between the proposed waiver and extension and 
the final waiver and extension. Generally, we do not address technical 
and other minor changes. In addition, we do not address general 
comments that raise concerns not directly related to the proposed 
waiver and extension.

Analysis of Comments and Discussion

    Comments: All commenters supported the proposed waiver and 
extension of the NHCTEP project period. The commenters provided various 
reasons for their support.
    One commenter, a CTE director, stated that a competitive grant 
process would delay the current NHCTEP grantees' training services, as 
well as outreach, recruitment, academic, and retention efforts, and 
would cause a lapse in services to Native Hawaiian students. The 
commenter further stated that issuing a waiver and extension would 
allow educators and staff to continue providing specialized CTE 
training, including certifications, internships, and well-paying job 
placements, which would maximize the participation and completion of 
Native Hawaiian students in Perkins-supported CTE programs. The 
commenter also stated that an extension would help maintain continuity 
to provide career and technical services to the Native Hawaiian 
community and students, some of whom have special needs or are at-risk 
students.
    Another commenter, a teacher, stated that because of the NHCTEP 
grant, certain high school students graduated on time, were placed in 
postsecondary education, and are now successfully working in their 
chosen professions. Also, the commenter stated that teachers benefit 
from the NHCTEP through professional development opportunities. The 
commenter further stated that students are able to learn skills using 
the tools needed to be proficient according to industry standards and 
that the extension would ensure continuation and continuity of CTE for 
Native Hawaiian students, who would otherwise be subject to a decrease 
in educational support and support services.
    Discussion: We appreciate the support of the commenters and agree 
that extending the current NHCTEP grant period will allow current 
NHCTEP grantees to continue to work toward accomplishing the goals and 
objectives stated in their 2013 NHCTEP grant applications, including 
providing specialized CTE training to Native Hawaiian students. We 
agree that it is important that there not be a lapse in programming 
provided by NHCTEP grantees to CTE students.
    Changes: None.

Waiver of Delayed Effective Date

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

Regulatory Flexibility Act Certification

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

Paperwork Reduction Act of 1995

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

Intergovernmental Review

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

    Dated: July 11, 2017.
Kim R. Ford,
Deputy Assistant Secretary for Career, Technical, and Adult Education, 
delegated the duties of the Assistant Secretary for Career, Technical, 
and Adult Education.
[FR Doc. 2017-14832 Filed 7-14-17; 8:45 am]
 BILLING CODE 4000-01-P



                                                                                    Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices                                            32689

                                                    Army educational programs. At this                       name, title or affiliation, address, and              DEPARTMENT OF EDUCATION
                                                    meeting the subcommittee will review                     daytime phone number. Written
                                                                                                                                                                   [Catalog of Federal Domestic Assistance
                                                    the Army historical program and                          comments or statements being                          (CFDA) Number: 84.259A]
                                                    discuss ways to improve the provision                    submitted in response to the agenda set
                                                    of historical support to the Army. The                   forth in this notice must be received by              Final Waiver and Extension of the
                                                    subcommittee will also discuss ways to                   the Alternate Designated Federal                      Project Period for the Native Hawaiian
                                                    increase cooperation between the                         Official at least seven business days                 Career and Technical Education
                                                    historical and military professions in                   prior to the meeting to be considered by              Program
                                                    advancing the purpose of the Army                        the committee. The Alternate
                                                    Historical Program, and the furtherance                                                                        AGENCY:  Office of Career, Technical, and
                                                                                                             Designated Federal Official will review               Adult Education, Department of
                                                    of the mission of the U.S. Army Center
                                                                                                             all timely submitted written comments                 Education.
                                                    of Military History to promote the study
                                                    and use of military history in both                      or statements with the committee
                                                                                                                                                                   ACTION: Final waiver and extension of
                                                    civilian and military Schools.                           Chairperson, and ensure the comments
                                                                                                                                                                   the project period.
                                                      Public Accessibility to the Meeting:                   are provided to all members of the
                                                    Pursuant to 5 U.S.C. 552b, as amended,                   committee before the meeting. Written                 SUMMARY:   For the 24-month projects
                                                    and 41 CFR 102–3.140 through 102–                        comments or statements received after                 originally funded in fiscal year (FY)
                                                    3.165, and subject to the availability of                this date may not be provided to the                  2013 and extended for an additional 24-
                                                    space, this meeting is open to the                       committee until its next meeting.                     months in FY 2015 under the Native
                                                    public. Seating is on a first to arrive                  Members of the public will be permitted               Hawaiian Career and Technical
                                                    basis. Attendees are requested to submit                 to make verbal comments during the                    Education Program (NHCTEP), the
                                                    their name, affiliation, and daytime                     Committee meeting only at the time and                Secretary: Waives the requirements in
                                                    phone number seven business days                         in the manner described below. If a                   Education Department regulations that
                                                    prior to the meeting to Dr. Schlosser, via               member of the public is interested in                 generally prohibit project period
                                                    electronic mail, the preferred mode of                   making a verbal comment at the open                   extensions involving the obligation of
                                                    submission, at the address listed in the                 meeting, that individual must submit a                additional Federal funds; and extends
                                                    FOR FURTHER INFORMATION CONTACT                          request, with a brief statement of the                the project period for the current seven
                                                    section. Members of the public                           subject matter to be addressed by the                 NHCTEP grantees for an additional 12
                                                    attending the committee meetings will                    comment, at least seven (7) days in                   months under the existing program
                                                    not be permitted to present questions                                                                          authority. This waiver and extension
                                                                                                             advance to the Committee’s Alternate
                                                    from the floor or speak to any issue                                                                           will allow the seven current NHCTEP
                                                    under consideration by the committee.                    Designated Federal Official, via
                                                                                                                                                                   grantees to seek FY 2017 continuation
                                                    Because the meeting of the committee                     electronic mail, the preferred mode of
                                                                                                                                                                   awards for the project period through
                                                    will be held in a Federal Government                     submission, at the address listed in the              FY 2018.
                                                    facility on a military post, security                    FOR FURTHER INFORMATION CONTACT
                                                                                                                                                                   DATES: As of July 17, 2017, the waiver
                                                    screening is required. A photo ID is                     section. The Alternate Designated
                                                                                                                                                                   and extension of the project period are
                                                    required to enter post. Please note that                 Federal Official will log each request, in
                                                                                                                                                                   finalized.
                                                    security and gate guards have the right                  the order received, and in consultation
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                    to inspect vehicles and persons seeking                  with the committee Chairperson
                                                                                                             determine whether the subject matter of               Linda Mayo by telephone at (202) 245–
                                                    to enter and exit the installation. The
                                                                                                                                                                   7792 or by email at: linda.mayo@ed.gov.
                                                    U.S. Army Center of Military History is                  each comment is relevant to the
                                                                                                                                                                      If you use a telecommunications
                                                    fully handicapped accessible.                            Committee’s mission and/or the topics
                                                                                                                                                                   device for the deaf (TDD) or a text
                                                    Wheelchair access is available in front                  to be addressed in this public meeting.               telephone (TTY), call the Federal Relay
                                                    at the main entrance of the building. For                A 15-minute period near the end of the                Service, toll free, at 1–800–877–8339.
                                                    additional information about public                      meeting will be available for verbal
                                                    access procedures, contact Dr.                                                                                 SUPPLEMENTARY INFORMATION: On April
                                                                                                             public comments. Members of the
                                                    Schlosser, the committee’s Alternate                                                                           14, 2017, we published a notice in the
                                                                                                             public who have requested to make a
                                                    Designated Federal Officer, at the email                                                                       Federal Register (82 FR 17986)
                                                                                                             verbal comment and whose comments                     proposing to waive the requirements of
                                                    address or telephone number listed in                    have been deemed relevant under the
                                                    the FOR FURTHER INFORMATION CONTACT                                                                            34 CFR 75.261(a) and (c)(2) that
                                                                                                             process described above, will be allotted             generally prohibit project period
                                                    section.
                                                       Written Comments or Statements:                       no more than three (3) minutes during                 extensions involving the obligation of
                                                    Pursuant to 41 CFR 102–3.105(j) and                      the period, and will be invited to speak              additional Federal funds. In that notice,
                                                    102–3.140 and section 10(a)(3) of the                    in the order in which their requests                  the Secretary also proposed to extend
                                                    Federal Advisory Committee Act, the                      were received by the Alternate                        the NHCTEP project period for up to an
                                                    public or interested organizations may                   Designated Federal Official.                          additional 12 months. The proposed
                                                    submit written comments or statements                    Brenda S. Bowen,
                                                                                                                                                                   waiver and extension of the project
                                                    to the committee, in response to the                                                                           period would enable the Secretary to
                                                                                                             Army Federal Register Liaison Officer.                provide continuation awards to the
                                                    stated agenda of the open meeting or in
                                                    regard to the committee’s mission in                     [FR Doc. 2017–14918 Filed 7–14–17; 8:45 am]           current NHCTEP grantees through FY
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                                                    general. Written comments or                             BILLING CODE 5001–03–P                                2018 under the existing program
                                                    statements should be submitted to Dr.                                                                          authority.
                                                    Nicholas J. Schlosser, the committee                                                                              That notice contained background
                                                    Alternate Designated Federal Officer,                                                                          information and our reasons for
                                                    via electronic mail, the preferred mode                                                                        proposing the waiver and extension of
                                                    of submission, at the address listed in                                                                        the project period. This notice makes
                                                    the FOR FURTHER INFORMATION CONTACT                                                                            the waiver and extension of the project
                                                    section. Each page of the comment or                                                                           period final. Any activities carried out
                                                    statement must include the author’s                                                                            during the period of a NHCTEP


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                                                    32690                           Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Notices

                                                    continuation award will have to be                       continue providing specialized CTE                    Regulatory Flexibility Act Certification
                                                    consistent with, or a logical extension                  training, including certifications,
                                                    of, the scope, goals, and objectives of the              internships, and well-paying job                         The Secretary certifies that the final
                                                    grantee’s application as approved in the                 placements, which would maximize the                  waiver and extension and the activities
                                                    FY 2013 NHCTEP competition. The                          participation and completion of Native                required to support additional months
                                                    requirements applicable to continuation                  Hawaiian students in Perkins-supported                of funding would not have a significant
                                                    awards for this competition set forth in                 CTE programs. The commenter also                      economic impact on a substantial
                                                    the 2013 notice inviting applications                    stated that an extension would help                   number of small entities. The small
                                                    and the requirements in 34 CFR 75.253                    maintain continuity to provide career                 entities that would be affected by this
                                                    will apply to any continuation awards                    and technical services to the Native                  final waiver and extension are the seven
                                                    sought by the current NHCTEP grantees.                   Hawaiian community and students,                      currently funded NHCTEP grantees and
                                                       We will make decisions regarding the                  some of whom have special needs or are                any other potential applicants. The
                                                    continuation awards based on grantee                     at-risk students.                                     extension of an existing project imposes
                                                    program narratives, budgets and budget                      Another commenter, a teacher, stated               minimal compliance costs, and the
                                                    narratives, and program performance                      that because of the NHCTEP grant,                     activities required to support the
                                                    reports and the requirements in 34 CFR                   certain high school students graduated                additional year of funding would not
                                                    75.253. We will not announce a new                       on time, were placed in postsecondary                 impose additional regulatory burdens or
                                                    competition or make new awards in FY                     education, and are now successfully                   require unnecessary Federal
                                                    2017.                                                    working in their chosen professions.                  supervision.
                                                       The final waiver and project period                   Also, the commenter stated that teachers              Paperwork Reduction Act of 1995
                                                    extension will not exempt the current                    benefit from the NHCTEP through
                                                    NHCTEP grantees from the                                 professional development opportunities.                 This notice of final waiver and
                                                    appropriation account closing                            The commenter further stated that                     extension does not contain any
                                                    provisions of 31 U.S.C. 1552(a), nor                     students are able to learn skills using               information collection requirements.
                                                    would they extend the availability of
                                                                                                             the tools needed to be proficient                     Intergovernmental Review
                                                    funds previously awarded to current
                                                                                                             according to industry standards and that
                                                    NHCTEP grantees. As a result of 31                                                                                The NHCTEP is not subject to
                                                                                                             the extension would ensure
                                                    U.S.C. 1552(a), appropriations available                                                                       Executive Order 12372 and the
                                                                                                             continuation and continuity of CTE for
                                                    for a limited period may be used for                                                                           regulations in 34 CFR part 79.
                                                                                                             Native Hawaiian students, who would
                                                    payment of valid obligations for only
                                                                                                             otherwise be subject to a decrease in                    Accessible Format: Individuals with
                                                    five years after the expiration of their
                                                                                                             educational support and support                       disabilities can obtain this document in
                                                    period of availability for Federal
                                                                                                             services.                                             an accessible format (e.g., Braille, large
                                                    obligation. After that time, the
                                                    unexpended balance of those funds is                        Discussion: We appreciate the support              print, audiotape, or compact disc) on
                                                    canceled and returned to the U.S.                        of the commenters and agree that                      request to the contact person listed
                                                    Department of the Treasury and is                        extending the current NHCTEP grant                    under FOR FURTHER INFORMATION
                                                    unavailable for restoration for any                      period will allow current NHCTEP                      CONTACT.
                                                    purpose (31 U.S.C. 1552(b)).                             grantees to continue to work toward                      Electronic Access to This Document:
                                                       Public Comment: In the April 14,                      accomplishing the goals and objectives                The official version of this document is
                                                    2017 notice, the Secretary invited                       stated in their 2013 NHCTEP grant                     the document published in the Federal
                                                    comments on the proposed waiver and                      applications, including providing                     Register. Free internet access to the
                                                    extension of the project period. We                      specialized CTE training to Native                    official edition of the Federal Register
                                                    received two comments in response to                     Hawaiian students. We agree that it is                and the Code of Federal Regulations is
                                                    the notice. There are no substantive                     important that there not be a lapse in                available via the Federal Digital System
                                                    differences between the proposed                         programming provided by NHCTEP                        at: www.gpo.gov/fdsys. At this site you
                                                    waiver and extension and the final                       grantees to CTE students.                             can view this document, as well as all
                                                    waiver and extension. Generally, we do                      Changes: None.                                     other documents of this Department
                                                    not address technical and other minor                    Waiver of Delayed Effective Date                      published in the Federal Register, in
                                                    changes. In addition, we do not address                                                                        text or Portable Document Format
                                                    general comments that raise concerns                        The Administrative Procedure Act                   (PDF). To use PDF you must have
                                                    not directly related to the proposed                     (APA) requires that a substantive rule                Adobe Acrobat Reader, which is
                                                    waiver and extension.                                    must be published at least 30 days                    available free at this site.
                                                                                                             before its effective date, except as
                                                    Analysis of Comments and Discussion                      otherwise provided for good cause (5                     You may also access documents of the
                                                                                                             U.S.C. 553(d)(3)). The Secretary has                  Department published in the Federal
                                                      Comments: All commenters
                                                                                                             determined that a delayed effective date              Register by using the article search
                                                    supported the proposed waiver and
                                                                                                             is unnecessary and contrary to the                    feature at: www.federalregister.gov.
                                                    extension of the NHCTEP project
                                                                                                             public interest. It is unnecessary                    Specifically, through the advanced
                                                    period. The commenters provided
                                                                                                             because we received only two public                   search feature at this site, you can limit
                                                    various reasons for their support.
                                                      One commenter, a CTE director,                         comments on this action, both of which                your search to documents published by
                                                                                                                                                                   the Department.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    stated that a competitive grant process                  supported our proposal, and we have
                                                    would delay the current NHCTEP                           not made any substantive changes to the                 Dated: July 11, 2017.
                                                    grantees’ training services, as well as                  proposal. It is contrary to public interest           Kim R. Ford,
                                                    outreach, recruitment, academic, and                     because we would not be able to make                  Deputy Assistant Secretary for Career,
                                                    retention efforts, and would cause a                     timely continuation grants to the seven               Technical, and Adult Education, delegated
                                                    lapse in services to Native Hawaiian                     affected entities with the delay.                     the duties of the Assistant Secretary for
                                                    students. The commenter further stated                   Therefore, the Secretary waives the                   Career, Technical, and Adult Education.
                                                    that issuing a waiver and extension                      APA’s delayed effective date provision                [FR Doc. 2017–14832 Filed 7–14–17; 8:45 am]
                                                    would allow educators and staff to                       for good cause.                                       BILLING CODE 4000–01–P




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Document Created: 2017-07-15 03:46:08
Document Modified: 2017-07-15 03:46:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionFinal waiver and extension of the project period.
DatesAs of July 17, 2017, the waiver and extension of the project period are finalized.
ContactLinda Mayo by telephone at (202) 245- 7792 or by email at: [email protected]
FR Citation82 FR 32689 

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