83 FR 17516 - Proposed Waiver-Migrant Education Program Consortium Incentive Grant Program

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range		17516-17518
FR Document		2018-08281
The Secretary proposes to waive the requirement in the Education Department General Administrative Regulations that generally prohibits project period extensions involving the obligation of additional Federal funds. The proposed waiver and extension of the project period would enable the 34 grantees under the Migrant Education Program (MEP) Consortium Incentive Grant (CIG) Program that received awards in the fiscal year (FY) 2015 grant competition to continue to receive Federal funding for up to 24 additional months.
Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17516-17518]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08281]


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DEPARTMENT OF EDUCATION

34 CFR Chapter II

[Docket ID: ED-2018-OESE-0017; Catalog of Federal Domestic Assistance 
(CFDA) Number 84.144F]


Proposed Waiver--Migrant Education Program Consortium Incentive 
Grant Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Proposed waiver and extension of the project period.

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SUMMARY: The Secretary proposes to waive the requirement in the 
Education Department General Administrative Regulations that generally 
prohibits project period extensions involving the obligation of 
additional Federal funds. The proposed waiver and extension of the 
project period would enable the 34 grantees under the Migrant Education 
Program (MEP) Consortium Incentive Grant (CIG) Program that received 
awards in the fiscal year (FY) 2015 grant competition to continue to 
receive Federal funding for up to 24 additional months.

DATES: We must receive your comments on or before May 21, 2018.

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 ``Are you new to the site?''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about this proposed waiver and extension 
of the project period, address them to Jennifer Rodriguez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 3E323, 
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: Jennifer Rodriguez. Telephone: (202) 
453-6670 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll-free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation to Comment: We invite you to submit comments regarding 
this proposed waiver and extension of the project period.
    During and after the comment period, you may inspect all public 
comments about this proposed waiver and extension by accessing 
Regulations.gov. You may also inspect the comments in person in Room 
3E323, 400 Maryland Avenue SW, Washington, DC, between the hours of 
8:30 a.m. and 4:00 p.m., Eastern 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 review the comments or other documents in the 
public rulemaking record for this proposed waiver and extension. 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.
    Background: The MEP CIG program is authorized in section 1308(d) of 
the Elementary and Secondary Education Act of 1965, as amended (ESEA) 
(20 U.S.C. 6398(d)). Through the MEP CIG program, the U.S. Department 
of Education (Department) provides financial incentives to State 
educational agencies (SEAs) to participate in high-quality consortia 
that improve the interstate or intrastate coordination of migrant 
education programs by addressing key needs of migratory children who 
have their education interrupted.
    The Department published a notice of final requirements for the MEP 
CIG program in the Federal Register on March 3, 2004 (69 FR 10109) 
(2004 Notice), and we have used these final requirements for CIG 
program competitions since FY 2004.
    The 2004 Notice established a project period of up to two years for 
grants awarded under the MEP CIG program. We subsequently published a 
notice of

[[Page 17517]]

final requirement for the MEP CIG program in the Federal Register on 
December 31, 2013 (78 FR 79613) (2013 Notice), in which we increased 
the CIG project period to three years.
    The Department last awarded CIG program grants in FY 2015. 
Currently, 34 SEAs (out of a total of 46 SEAs that receive MEP formula 
grant program funds) participate in CIG program-funded consortia.
    We are proposing to waive the requirement in 34 CFR 75.261(c)(2), 
which limits the extension of a project period if the extension 
involves the obligation of additional Federal funds. If finalized, this 
waiver would allow the 34 current CIG program grantees to continue to 
receive Federal funding for up to two additional years through FY 2019.
    We are proposing to provide up to two years of additional funding 
to current CIG grantees for several reasons. The additional project 
years proposed by this waiver would allow grantees' work to continue as 
the Secretary considers changes to the priorities, structure, and 
duration of the CIG program.
    Providing up to two additional years of funding would permit 
grantees to continue coordinating with one another and achieving the 
goals and objectives of their consortium applications. Based on the 
progress SEAs generally have made on consortium projects, we believe 
that current grantees could benefit from a fourth and fifth year in 
which to continue working on and implementing their CIG program 
projects.
    Moreover, implementing this waiver and extension would ensure that 
the services provided by the current CIG program grantees continue 
uninterrupted as the Department supports States in their transition to 
implement requirements under the ESEA as amended by the Every Student 
Succeeds Act (ESSA). During this extension period, the activities of 
the current CIG program grantees would be modified through work plans, 
as necessary, to continue the implementation of consortium activities 
and to support States as they implement requirements under the ESSA.
    For all of these reasons, we have concluded that it would be 
contrary to the public interest to have a lapse in the work of current 
CIG program grantees while the Secretary considers changes to the CIG 
program and while the Department implements the components of the ESSA 
as described above.
    We intend to fund the extended project period for either one or two 
years by using the FY 2018 and, if necessary, FY 2019 funds that 
Congress appropriates under the current statutory authority. Funding 
for the extended project period would follow the two-tiered funding 
formula established by the 2004 Notice.
    If this proposed waiver and extension becomes final--
    (1) Current grantees will be authorized to receive continuation 
awards annually for up to two years.
    (2) We would not announce a new competition or make new awards 
under the MEP CIG program in FY 2018 (if the project period is extended 
for one year) or in FY 2019 (if the project period is extended for two 
years).
    (3) During the extension period, any activities carried out must be 
consistent with, or be a logical extension of, the scope, goals, and 
objectives of the grantee's approved application from the FY 2015 CIG 
program competition.
    (4) Each grantee who receives a continuation award must also 
continue to comply with the requirements established in the program 
regulations, the 2004 and 2013 Notices, and the 2015 notice inviting 
applications for the MEP CIG program (80 FR 6502).
    The proposed waiver of 34 CFR 75.261(c)(2) would not affect the 
applicability of the requirements in 34 CFR 75.253 (continuation of a 
multi-year project after the first budget period) to any current CIG 
program grantee that receives a continuation award as a result of the 
waiver.
    We will announce the final waiver and extension, if any, in a 
document in the Federal Register. We will determine the final waiver 
and extension after considering responses to this proposed waiver and 
extension and other information available to the Department.

Proposed Waiver--CIG Program

    For the 34 CIG program grantees that received awards in the FY 2015 
competition, the Secretary proposes to waive the requirement in 34 CFR 
75.261(c)(2) that prohibits extensions of project periods that involve 
the obligation of additional Federal funds.

Regulatory Flexibility Act Certification

    The Secretary certifies that this proposed waiver and extension 
would not have a significant economic impact on a substantial number of 
small entities.
    The entities that would be affected by this proposed waiver are:
    (a) The FY 2015 grantees currently receiving Federal funds; and
    (b) Entities not currently receiving Federal funds through the CIG 
program that would have been eligible to apply for an award in FY 2018 
or in FY 2019 under the CIG program if the Department were to hold a 
competition in either year.
    The Secretary certifies that the proposed waiver and extension 
would not have a significant economic impact on these entities because 
the proposed waiver and extension and the activities required to 
support the additional years of funding would not impose excessive 
regulatory burdens or require unnecessary Federal supervision. The 
proposed waiver and extension would impose minimal requirements to 
ensure the proper expenditure of program funds, including requirements 
that are standard for continuation awards. In addition, none of those 
entities are small entities; this program makes awards to SEAs.

Paperwork Reduction Act of 1995

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

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) by contacting the 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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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 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

[[Page 17518]]

your search to documents published by the Department.

    Dated: April 17, 2018.
Jason Botel,
Principal Deputy Assistant Secretary, Delegated the authority to 
perform the functions and duties of the Assistant Secretary of 
Elementary and Secondary Education.
[FR Doc. 2018-08281 Filed 4-19-18; 8:45 am]
BILLING CODE 4000-01-P
17516 Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules

§ 165.169 Safety and Security Zones: New DEPARTMENT OF EDUCATION information that they wish to make
York Marine Inspection Zone and Captain of publicly available.
the Port Zone. 34 CFR Chapter II FOR FURTHER INFORMATION CONTACT:
(a) * * * [Docket ID: ED–2018–OESE–0017; Catalog Jennifer Rodriguez. Telephone: (202)
of Federal Domestic Assistance (CFDA) 453–6670 or by email:
(4) Liberty and Ellis Islands.
Number 84.144F] Jennifer.Rodriguez@ed.gov.
(i) Location. All waters within 150 yards If you use a telecommunications
of Liberty Island and Ellis Island, and Proposed Waiver—Migrant Education device for the deaf (TDD) or a text
the Ellis Island Bridge. Program Consortium Incentive Grant telephone (TTY), call the Federal Relay
(ii) Ellis Island Bridge. Vessels may Program Service (FRS), toll-free, at 1–800–877–
transit underneath the Ellis Island AGENCY: Office of Elementary and 8339.
Bridge, subject to the following Secondary Education, Department of SUPPLEMENTARY INFORMATION:
conditions: Education. Invitation to Comment: We invite you
(A) Dates/Times: On weekends only, ACTION: Proposed waiver and extension to submit comments regarding this
to include Federally Observed Holidays of the project period. proposed waiver and extension of the
on a Friday or Monday, from Memorial project period.
Day Weekend through October 1 each SUMMARY: The Secretary proposes to During and after the comment period,
waive the requirement in the Education you may inspect all public comments
year, between one hour after sunrise and
Department General Administrative about this proposed waiver and
one hour before sunset.
Regulations that generally prohibits extension by accessing Regulations.gov.
(B) Vessel types: Human powered project period extensions involving the You may also inspect the comments in
vessels with a maximum length of obligation of additional Federal funds. person in Room 3E323, 400 Maryland
sixteen feet. Human powered vessels The proposed waiver and extension of Avenue SW, Washington, DC, between
must be able to safely navigate under the project period would enable the 34 the hours of 8:30 a.m. and 4:00 p.m.,
the bridge. grantees under the Migrant Education Eastern Time, Monday through Friday
(C) Notification: Human powered Program (MEP) Consortium Incentive of each week, except Federal holidays.
vessels desiring to transit shall contact Grant (CIG) Program that received Please contact the person listed under
the United States Park Police Command awards in the fiscal year (FY) 2015 grant FOR FURTHER INFORMATION CONTACT.
Center at 212–363–3260 regarding competition to continue to receive Assistance to Individuals With
Federal funding for up to 24 additional Disabilities in Reviewing the
intentions of passage prior to entering
months. Rulemaking Record: On request, we will
the security zone and transiting under
DATES: We must receive your comments provide an appropriate accommodation
the Ellis Island Bridge.
on or before May 21, 2018. or auxiliary aid to an individual with a
(D) Route: Transits through the ADDRESSES: Submit your comments disability who needs assistance to
security zone and under the bridge shall through the Federal eRulemaking Portal review the comments or other
occur only at the designated route or via postal mail, commercial delivery, documents in the public rulemaking
marked with lights and signage. or hand delivery. We will not accept record for this proposed waiver and
(E) Passage: Vessels transiting under comments submitted by fax or by email extension. If you want to schedule an
the Ellis Island Bridge shall make or those submitted after the comment appointment for this type of
expeditious passage and not stop or period. To ensure that we do not receive accommodation or auxiliary aid, please
loiter within the security zone. duplicate copies, please submit your contact the person listed under FOR
comments only once. In addition, please FURTHER INFORMATION CONTACT.
(iii) Enforcement period. The security Background: The MEP CIG program is
include the Docket ID at the top of your
zone described in this subsection is comments. authorized in section 1308(d) of the
effective at all times. Although certain • Federal eRulemaking Portal: Go to Elementary and Secondary Education
vessels have permission to enter the www.regulations.gov to submit your Act of 1965, as amended (ESEA) (20
security zone to transit under the Ellis comments electronically. Information U.S.C. 6398(d)). Through the MEP CIG
Island Bridge subject to the conditions on using Regulations.gov, including program, the U.S. Department of
outlined in the preceding paragraphs instructions for accessing agency Education (Department) provides
(ii)(A)–(E), the security zone is in effect documents, submitting comments, and financial incentives to State educational
permanently and can be enforced at any viewing the docket, is available on the agencies (SEAs) to participate in high-
time. When deemed necessary the COTP site under ‘‘Are you new to the site?’’ quality consortia that improve the
may rescind the permission granted in • Postal Mail, Commercial Delivery, interstate or intrastate coordination of
the preceding paragraphs (ii)(A)–(E) for or Hand Delivery: If you mail or deliver migrant education programs by
any period of time. your comments about this proposed addressing key needs of migratory
* * * * * waiver and extension of the project children who have their education
period, address them to Jennifer interrupted.
Dated: April 2, 2018. Rodriguez, U.S. Department of The Department published a notice of
M.H. Day, Education, 400 Maryland Avenue SW, final requirements for the MEP CIG
Room 3E323, Washington, DC 20202. program in the Federal Register on
sradovich on DSK3GMQ082PROD with PROPOSALS

Captain, U.S. Coast Guard, Captain of the
Port New York. Privacy Note: The Department’s March 3, 2004 (69 FR 10109) (2004
[FR Doc. 2018–08323 Filed 4–19–18; 8:45 am] policy is to make all comments received Notice), and we have used these final
from members of the public available for requirements for CIG program
BILLING CODE 9110–04–P
public viewing in their entirety on the competitions since FY 2004.
Federal eRulemaking Portal at The 2004 Notice established a project
www.regulations.gov. Therefore, period of up to two years for grants
commenters should be careful to awarded under the MEP CIG program.
include in their comments only We subsequently published a notice of

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Document Created: 2018-04-20 00:02:49
Document Modified: 2018-04-20 00:02:49
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed waiver and extension of the project period.
Dates		We must receive your comments on or before May 21, 2018.
Contact		Jennifer Rodriguez. Telephone: (202) 453-6670 or by email: [email protected]
FR Citation		83 FR 17516