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)

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


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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