[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]



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 


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]