[Federal Register: March 27, 1997 (Volume 62, Number 59)]
[Rules and Regulations]
[Page 14638-14639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr97_dat-7]
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DEPARTMENT OF EDUCATION
34 CFR Parts 75, 206, 231, 235, 369, 371, 373, 375, 376, 378, 380,
381, 385, 386, 387, 388, 389, 390, 396, 610, 612, and 630
Direct Grant Programs
AGENCY: Department of Education.
ACTION: Notice of interpretation for fiscal year 1997 grant
competitions.
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SUMMARY: The Secretary interprets and clarifies the applicability to
fiscal year 1997 grant competitions of final regulations amending the
Education Department General Administrative Regulations (EDGAR)
governing discretionary grant programs. The Secretary takes this action
to explain the limited circumstances under which a program may use the
selection criteria formerly available under EDGAR.
EFFECTIVE DATE: March 27, 1997.
FOR FURTHER INFORMATION CONTACT: Margo Anderson, U.S. Department of
[[Page 14639]]
Education, 555 New Jersey Avenue, NW., Washington, D.C. 20208-5530.
Telephone: (202) 219-2005. Individuals who use a telecommunications
device for the deaf (TDD) may call the Federal Information Relay
Service (FIRS) at 1-800-877-8339, between 8 a.m. and 8 p.m., Eastern
time, Monday through Friday.
SUPPLEMENTARY INFORMATION: On March 6, 1997, the Secretary published
final regulations amending EDGAR to improve the selection criteria
governing discretionary grant programs administered directly by the
Department (62 FR 10398). The effective date for these final
regulations is April 7, 1997. However, some of the Department's grant
programs, in preparing application notices, planned to use the pre-
existing selection criteria for fiscal year 1997 awards. The Secretary
did not intend that these competitions be required to use the new EDGAR
selection criteria in fiscal year 1997. The Secretary therefore issues
this interpretation of the applicability of the revised regulations. If
a program publishes an application notice prior to April 7, 1997, for
awards to be made after that date, the program may use the revised
EDGAR selection criteria, or may use the prior EDGAR criteria.
Waiver of Public Comment
In accordance with the Administrative Procedure Act (5 U.S.C. 553),
it is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed rules. Public comment was previously
taken on the existing and revised selection criteria in 34 CFR Part 75
that are the subject of this notice. Moreover, this notice interprets
the applicability of the respective selection criteria to grant awards
for fiscal year 1997. Therefore, public comment is not required under 5
U.S.C. 553(b)(A). Since this notice corrects an error in failing to
explain the applicability of the revised regulations, public comment
also is unnecessary under 5 U.S.C. 553(b)(B). For the same reasons, the
Secretary waives the requirement in 5 U.S.C. 553(d) for a 30-day
delayed effective date.
Dated: March 24, 1997.
Judith A. Winston,
General Counsel.
[FR Doc. 97-7813 Filed 3-26-97; 8:45 am]
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