Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Proposed Rules 69579 

11. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use because it is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866 and is not likely 

to have a significant adverse effect on 

the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Amend § 117.1061 to revise 

paragraph (b) to read as follows: 

§ 117.1061 Tacoma Harbor. 

* * * * * 

(b) The draw of the Murray Morgan 

Bridge, also known as the South 11th 

Street Bridge, across Thea Foss 

Waterway, previously known as City 

Waterway, mile 0.6, at Tacoma, shall 

open on signal if at least two hours 

notice is given. However, to obtain a 

bridge opening between 10 p.m. and 8 

a.m., notification must be made to the 

City of Tacoma by 8 p.m. In 

emergencies, openings shall be made as 

soon as possible upon notification to the 

City of Tacoma. 

Dated: November 2, 2012. 

K.A. Taylor, 

Rear Admiral, U. S. Coast Guard Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2012–28130 Filed 11–19–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter IV 

[Docket ID ED–2012–OVAE–0053] 

Proposed Requirements, Definitions, 

and Selection Criteria—Native 

American Career and Technical 

Education Program (NACTEP) 

AGENCY: Office of Vocational and Adult 

Education, Department of Education. 

ACTION: Proposed requirements, 

definitions, and selection criteria. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.101A. 

SUMMARY: The Assistant Secretary for 

Vocational and Adult Education 

proposes requirements, definitions, and 

selection criteria under the Native 

American Career and Technical 

Education Program (NACTEP). The 

Assistant Secretary may use these 

requirements, definitions, and selection 

criteria for a competition in fiscal year 

(FY) 2013 and possibly in later years. 

The requirements, definitions, and 

selection criteria we propose in this 

notice are the same as those we used in 

the notice inviting applications for the 

first NACTEP competition we held in 

FY 2007 (see Federal Register March 23, 

2007 (72 FR 13770) (March 2007 

notice)) following the enactment of the 

Carl D. Perkins Career and Technical 

Education Act of 2006 (Act). In the 

March 2007 notice, we established these 

requirements, definitions, and selection 

criteria pursuant to a waiver of 

rulemaking under the authority of 

section 457(d) of the General Education 

Provisions Act. Because the project 

period for NACTEP grants awarded in 

FY 2007 will end in September 2013, 

we are publishing the NACTEP 

requirements, definitions, and selection 

criteria for public comment. When 

published in final, these requirements, 

definitions, and selection criteria would 

govern the next NACTEP competition 

and possibly also subsequent NACTEP 

competitions. 

DATES: We must receive your comments 

on or before December 20, 2012. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments by fax or by email. 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 ‘‘How to Use This Site.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these proposed 

requirements, definitions, and selection 

criteria, address them to Gwen 

Washington, U.S. Department of 

Education, 400 Maryland Avenue SW., 

room 11076, Potomac Center Plaza, 

Washington, DC 20202–7241; or Linda 

Mayo, U.S. Department of Education, 

400 Maryland Avenue SW., Room 

11075, Potomac Center Plaza, 

Washington, DC 20202–7241. 

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: 

Gwen Washington, by telephone: (202) 

245–7790, or by email: 

gwen.washington@ed.gov; or Linda 


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Mayo, by telephone: (202) 245–7792, or 

by email: linda.mayo@ed.gov. 

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 

notice. To ensure that your comments 

have maximum effect in developing the 

notice of final requirements, definitions, 

and selection criteria, we urge you to 

identify clearly the specific proposed 

requirement, definition, or selection 

criterion that each comment addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Order 12866 

and its overall requirement of reducing 

regulatory burden that might result from 

these proposed requirements, 

definitions, and selection criteria. Please 

let us know of any further ways we 

could reduce potential costs or increase 

potential benefits while preserving the 

effective and efficient administration of 

the program. 

During and after the comment period, 

you may inspect all public comments 

about these proposed requirements, 

definitions, and selection criteria by 

accessing Regulations.gov. You may also 

inspect the comments in person in 

rooms 11076/11075, 550–12th Street 

SW., Washington, DC, between 8:30 

a.m. and 4:00 p.m., Washington, DC 

time, Monday through Friday of each 

week except Federal holidays. Please 

contact the persons 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 notice. 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. 

Purpose of Program: Under NACTEP, 

the Secretary provides grants, 

cooperative agreements, or enters into 

contracts with Indian tribes, tribal 

organizations, or Alaska Native entities 

to improve career and technical 

education programs that are consistent 

with the purposes of the Act and that 

benefit Native Americans and Alaska 

Natives. 

Program Authority: 20 U.S.C. 2301 et seq., 

particularly 2326(a)–(g). 

Proposed Requirements, Definitions, 

and Selection Criteria 

Background 

Section 116 of the Act authorizes the 

Secretary to award grants, cooperative 

agreements, or enter into contracts with 

Indian tribes, tribal organizations, and 

Alaska Native entities to operate career 

and technical education projects that 

improve career and technical education 

for Native American and Alaska Native 

students. Bureau-funded schools are 

eligible under NACTEP, except for 

Bureau-funded schools proposing to use 

their awards to support secondary 

school career and technical education 

programs. Any Indian tribe, tribal 

organization, Alaska Native entity, or 

eligible Bureau-funded school may 

apply individually or as part of a 

consortium with one or more eligible 

tribes, tribal organizations, Alaska 

Native entities, or eligible Bureaufunded schools. (Eligible applicants 

seeking to apply for funds as a 

consortium must meet the requirements 

in 34 CFR 75.127–75.129, which apply 

to group applications.) 

The Act also provides in the 

statement of purpose that programs 

funded under the Act should build on 

the efforts of States and localities to 

develop challenging academic and 

technical standards and to assist 

students in meeting such standards, 

including in preparation for high-skill, 

high-wage, or high-demand occupations 

in emerging or established professions. 

(20 U.S.C. 2301(1)) In addition, 

programs are required to provide 

technical assistance that promotes 

leadership, initial preparation, and 

professional development and improves 

the quality of career and technical 

education teachers, faculty, 

administrators, and counselors. (20 

U.S.C. 2301(5)) Additionally, the Act’s 

purpose section calls for supporting 

partnerships among secondary schools, 

postsecondary institutions, 

baccalaureate degree-granting 

institutions, area career and technical 

education schools, local workforce 

investment boards, business and 

industry, and intermediaries, as well as 

for providing, in conjunction with other 

education and training programs, 

individuals with opportunities 

throughout their lives to develop the 

knowledge and skills needed to keep the 

United States competitive. (20 U.S.C. 

2301(6) and (7)) 

We are not including in this notice, or 

seeking public comment on, 

requirements or definitions contained in 

the Act, in Federal statutory provisions 

cross-referenced in the Act, in the 

Education Department General 

Administrative Regulations (EDGAR), or 

in any other applicable, existing 

regulations. For the convenience of 

eligible applicants, in our notice 

announcing the next NACTEP 

competition we plan to discuss statutory 

program requirements and definitions, 

and key applicable regulatory 

provisions, as we did in the March 2007 

notice inviting applications. 

Proposed Requirements 

I. Demonstration of Eligibility 

(a) We propose that an eligible 

applicant (as determined by the Act) 

must include documentation in its 

application showing that it and, if 

appropriate, its consortium members are 

eligible to apply. 

(b) As defined in the Indian SelfDetermination and Education 

Assistance Act (ISDEA) (25 U.S.C. 

450b(l)) the term ‘‘tribal organization’’ 

means the recognized governing body of 

any Indian tribe; any legally established 

organization of Indians which is 

controlled, sanctioned, or chartered by 

such governing body or which is 

democratically elected by the adult 

members of the Indian community to be 

served by such organization and which 

includes the maximum participation of 

Indians in all phases of its activities: 

provided, that in any case where a 

contract is let or grant made to an 

organization to perform services 

benefiting more than one Indian tribe, 

the approval of each such Indian tribe 

shall be a prerequisite to the letting or 

making of such contract or grant. In 

accordance with this statutory 

definition, we propose that any tribal 

organization proposing to provide 

NACTEP services for the benefit of more 

than one Indian tribe must first obtain 

the approval of each Indian tribe it 

proposes to serve and must submit 

documentation of such approval with its 

NACTEP application and that 

documentation of tribal approval be a 

prerequisite to the awarding of a 

NACTEP grant to any tribal organization 

proposing to serve more than one Indian 

tribe. 

II. Authorized Programs, Services, and 

Activities 

Consistent with the Act, the Secretary 

proposes the following requirements, to 

align NACTEP with other authorized 

programs that require recipients of 

funds under the Act to develop 

challenging academic standards and 

improve career and technical education. 

(a) Authorized programs. Section 

116(e) of the Act requires the Secretary 

to ensure that activities funded under 

NACTEP ‘‘will improve career and 


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technical education programs’’ (20 

U.S.C. 2326(e)). Therefore, the Secretary 

proposes to award grants to carry out 

projects that— 

(1) Propose organized educational 

activities offering a sequence of courses 

that— 

(i) Provide individuals with coherent 

and rigorous content aligned with 

challenging academic standards and 

relevant technical knowledge and skills 

needed to prepare for further education 

and careers in current or emerging 

professions; 

(ii) Provide technical skill 

proficiency, an industry-recognized 

credential, a certificate, or an associate 

degree; and 

(iii) Include competency-based 

applied learning that contributes to the 

academic knowledge, higher-order 

reasoning and problem-solving skills, 

work attitudes, general employability 

skills, technical skills, and occupationspecific skills, and knowledge of all 

aspects of an industry, including 

entrepreneurship, of an individual. 

Projects may include prerequisite 

courses (other than remedial courses) 

that meet the definitional requirements 

of section 3(5) of the Act. (20 U.S.C. 

2302(5)) In addition, at the secondary 

level, coherent and rigorous academic 

curriculum must be aligned with 

challenging academic content standards 

and student academic achievement 

standards in reading or language arts 

and in mathematics that the State in 

which the applicant is located has 

established under the Elementary and 

Secondary Education Act, as amended 

(20 U.S.C. 6301 et seq.) Contacts for 

State ESEA programs may be found on 

the Internet at: http://www.ed.gov/ 

about/contacts/state/index.html. 

(2) Develop new programs, services, 

or activities or improve or expand 

existing programs, services, or activities 

that are consistent with the purposes of 

the Act. In other words, the Department 

will support ‘‘expansions’’ or 

‘‘improvements’’ that include, but are 

not limited to, the expansion of effective 

programs or practices; upgrading of 

activities, equipment, or materials; 

increasing staff capacity; adoption of 

new technology; modification of 

curriculum; or implementation of new 

policies to improve program 

effectiveness and outcomes. 

(3) Fund a career and technical 

education program, service, or activity 

that— 

(i) Is a new program, service, or 

activity that was not provided by the 

applicant during the instructional term 

(a defined period, such as a semester, 

trimester, or quarter, within the 

academic year) that preceded the 

request for funding under NACTEP; 

(ii) Will improve or expand an 

existing career and technical education 

program; or 

(iii) Inherently improves career and 

technical education. 

Note: A program, service, or activity 

‘‘inherently improves career and technical 

education’’ if it— 

(a) Develops new career and technical 

education programs of study that will be 

approved by the appropriate accreditation 

agency; 

(b) Strengthens the rigor of the academic 

and career and technical components of 

funded programs; 

(c) Uses curriculum that is aligned with 

industry-recognized standards and will result 

in students attaining industry-recognized 

credentials, certificates, or degrees; 

(d) Integrates academics (other than 

remedial courses) with career and technical 

education programs through a coherent 

sequence of courses to ensure learning in the 

core academic and career and technical 

subjects; 

(e) Links career and technical education at 

the secondary level with career and technical 

education at the postsecondary level and 

facilitates students’ pursuit of a baccalaureate 

degree; 

(f) Expands the scope, depth, and relevance 

of curriculum, especially content that 

provides students with a comprehensive 

understanding of all aspects of an industry 

and a variety of hands-on, job-specific 

experiences; and 

(g) Offers— 

(1) Work-related experience, internships, 

cooperative education, school-based 

enterprises, entrepreneurship, community 

service learning, and job shadowing that are 

related to career and technical education 

programs; 

(2) Coaching/mentoring, support services, 

and extra help for students after school, on 

weekends and/or during the summers, so 

they can meet higher standards; 

(3) Career guidance and academic 

counseling for students participating in 

career and technical education programs; 

(4) Placement services for students who 

have successfully completed career and 

technical education programs and attained a 

technical skill proficiency that is aligned 

with industry-recognized standards; 

(5) Professional development programs for 

teachers, counselors, and administrators; 

(6) Strong partnerships among grantees and 

local educational agencies, postsecondary 

institutions, community leaders, adult 

education providers, and, as appropriate, 

other entities, such as employers, labor 

organizations, parents, and local 

partnerships, to enable students to achieve 

State academic standards and career and 

technical skills; 

(7) The use of student assessment and 

evaluation data to improve continually 

instruction and staff development with the 

goal of increasing student achievement in 

career and technical education programs; or 

(8) Research, development, demonstration, 

dissemination, evaluation and assessment, 

capacity-building, and technical assistance, 

related to career and technical education 

programs. 

(b) Student stipends. In accordance 

with section 116(c)(2) of the Act, a 

portion of an award under this program 

may be used to provide stipends (as 

defined in the Definitions section of this 

notice) to one or more students to help 

meet the students’ costs of participation 

in a NACTEP project. We propose the 

following procedures for determining 

student eligibility for stipends and 

appropriate amounts to be awarded as 

stipends: 

(1) To be eligible for a stipend a 

student must— 

(i) Be enrolled in a career and 

technical education project funded 

under this program; 

(ii) Be in regular attendance in a 

NACTEP project and meet the training 

institution’s attendance requirement; 

(iii) Maintain satisfactory progress in 

his or her program of study according to 

the training institution’s published 

standards for satisfactory progress; and 

(iv) Have an acute economic need 

that— 

(A) Prevents participation in a project 

funded under this program without a 

stipend; and 

(B) Cannot be met through a workstudy program. 

(2) The amount of a stipend is the 

greater of either the minimum hourly 

wage prescribed by State or local law or 

the minimum hourly wage established 

under the Fair Labor Standards Act. 

(3) A grantee may only award a 

stipend if the stipend combined with 

other resources the student receives 

does not exceed the student’s financial 

need. A student’s financial need is the 

difference between the student’s cost of 

attendance and the financial aid or other 

resources available to defray the 

student’s cost of participating in a 

NACTEP project. 

(4) To calculate the amount of a 

student’s stipend, a grantee would 

multiply the number of hours a student 

actually attends career and technical 

education instruction by the amount of 

the minimum hourly wage that is 

prescribed by State or local law, or by 

the minimum hourly wage that is 

established under the Fair Labor 

Standards Act. 

Example: If a grantee uses the Fair Labor 

Standards Act minimum hourly wage of 

$7.25 and a student attends classes for 20 

hours a week, the student’s stipend would be 

$145 for the week during which the student 

attends classes ($7.25 × 20 = $145.00). 

Note: In accordance with applicable 

Department statutory requirements and 

administrative regulations, grantees must 

maintain records that fully support their 


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decisions to award stipends and the amounts 

that are paid, such as proof of a student’s 

enrollment in a NACTEP project, stipend 

applications, timesheets showing the number 

of attendance hours confirmed in writing by 

an instructor, student financial status 

information, and evidence that a student 

would not be able to participate in the 

NACTEP project without a stipend. (20 

U.S.C. 1232f; 34 CFR 75.700–75.702; 75.730; 

and 75.731). 

(5) An eligible student may receive a 

stipend when taking a course for the 

first time. However, generally a stipend 

may not be provided to a student who 

has already taken, completed, and had 

the opportunity to benefit from a course 

and is merely repeating the course. 

(6) An applicant must include in its 

application the procedure it intends to 

use to determine student eligibility for 

stipends and stipend amounts, and its 

oversight procedures for the awarding 

and payment of stipends. 

(c) Direct assistance to students. We 

propose that a grantee may provide 

direct assistance to students (as defined 

in this notice) if the following 

conditions are met: 

(1) The recipient of the direct 

assistance is an individual who is a 

member of a special population and 

who is participating in the grantee’s 

NACTEP project. 

(2) The direct assistance is needed to 

address barriers to the individual’s 

successful participation in that project. 

(3) The direct assistance is part of a 

broader, more generally focused 

program or activity to address the needs 

of an individual who is a member of a 

special population. 

Note: Direct assistance to individuals who 

are members of special populations is not, by 

itself, a ‘‘program or activity for special 

populations.’’ 

(4) The grant funds used for direct 

assistance must be expended to 

supplement, and not supplant, 

assistance that is otherwise available 

from non-Federal sources. (20 U.S.C. 

2391(a)) For example, generally, a 

postsecondary educational institution 

could not use NACTEP funds to provide 

child care for single parents if nonFederal funds previously were made 

available for this purpose, or if nonFederal funds are used to provide child 

care services for single parents 

participating in non-career and 

technical education programs and these 

services otherwise would have been 

available to career and technical 

education students in the absence of 

NACTEP funds. 

(5) In determining how much of the 

NACTEP grant funds it will use for 

direct assistance to an eligible student, 

a grantee must consider whether the 

specific services to be provided are a 

reasonable and necessary cost of 

providing career and technical 

education programs for special 

populations. However, the Secretary 

does not envision a circumstance in 

which it would be a reasonable and 

necessary expenditure of NACTEP 

project funds for a grantee to use a 

majority of a project’s budget to pay 

direct assistance to students, in lieu of 

providing the students served by the 

project with career and technical 

education. 

III. Additional Proposed Program 

Requirements 

(a) Career and technical education 

agreement. Any applicant that is not 

proposing to provide career and 

technical education directly to its 

students and proposes instead to use 

NACTEP funds to pay one or more 

qualified educational entities to provide 

education to its students must include 

with its application a written career and 

technical education agreement between 

the applicant and that entity. The 

written agreement must describe the 

commitment between the applicant and 

each educational entity and must 

include, at a minimum, a statement of 

the responsibilities of the applicant and 

the entity. The agreement must be 

signed by the appropriate individuals 

on behalf of each party, such as the 

authorizing official or president of a 

tribe or tribal organization, a college 

president, or a college dean. 

(b) Evaluation Requirements. To help 

ensure the high quality of NACTEP 

projects and the achievement of the 

goals and purposes of section 116 of the 

Act, each grantee must budget for and 

conduct an ongoing evaluation of the 

effectiveness of its NACTEP project. An 

independent evaluator must conduct the 

evaluation. The evaluation must— 

(1) Be appropriate for the project and 

be both formative and summative in 

nature; 

(2) Include— 

(i) Applicable performance measures 

for NACTEP; 

(ii) Qualitative and quantitative data 

with respect to— 

(A) Academic and career and 

technical competencies demonstrated 

by the participants and the number and 

kinds of academic and work credentials 

acquired by individuals, including 

participation in programs providing 

skill proficiency assessments, industry 

certifications, or training at the associate 

degree level that is articulated with an 

advanced degree option; 

(B) Enrollment, completion, and 

placement of participants by gender for 

each occupation for which training was 

provided; 

(C) Job or work skill attainment or 

enhancement, including participation in 

apprenticeship and work-based learning 

programs, and student progress in 

achieving technical skill proficiencies 

necessary to obtain employment in the 

field for which the student has been 

prepared, including attainment or 

enhancement of technical skills in the 

industry the student is preparing to 

enter; 

(D) Activities during the formative 

stages of the project to help guide and 

improve the project, as well as a 

summative evaluation that includes 

recommendations for disseminating 

information on project activities and 

results; 

(E) The number and percentage of 

students who obtained industryrecognized credentials, certificates, or 

degrees; 

(F) If available, the outcomes of 

students’ technical assessments, by type 

and scores; and 

(G) The rates of attainment of a 

proficiency credential or certificate, in 

conjunction with a secondary school 

diploma. 

(c) Project Effectiveness. Measure the 

effectiveness of the project, including: 

(1) A comparison between the 

intended and observed results; and 

(2) A demonstration of a clear link 

between the observed results and the 

specific treatment given to project 

participants. 

(d) Dissemination. Measure the extent 

to which information about or resulting 

from the project was disseminated at 

other sites, such as through the grantee’s 

development and use of guides or 

manuals that provide step-by-step 

directions for practitioners to follow 

when initiating similar efforts. 

(e) Long-Term Impact. Measure the 

long-term impact of the project, such as, 

follow-up data on students’ 

employment, sustained employment, 

promotions, and further/continuing 

education or training, or the impact the 

project had on tribal economic 

development or career and technical 

education activities offered by tribes. 

Proposed Definitions 

We are proposing the following 

definitions for program terms not 

defined in the Act, by cross-references 

in the Act to other Federal statutes, or 

in EDGAR: 

Acute economic need means an 

income that is at or below the national 

poverty level according to the latest 

available data from the U.S. Department 

of Commerce or the U.S. Department of 


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Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Proposed Rules 69583 

Health and Human Services Poverty 

Guidelines. 

Direct assistance to students means 

tuition, dependent care, transportation, 

books, and supplies that are necessary 

for a student to participate in a project 

funded under this program. 

Stipend means a subsistence 

allowance for a student that is necessary 

for the student to participate in a project 

funded under this program. 

Proposed Selection Criteria 

The Assistant Secretary proposes the 

following selection criteria for 

evaluating an application under this 

program. We may apply one or more of 

these criteria in any year in which this 

program is in effect. We will announce 

the maximum possible points assigned 

to each criterion in the notice inviting 

applications, in the application package, 

or both. 

(a) Need for project. In determining 

the need for the proposed project, we 

consider the extent of the need for the 

services to be provided or the activities 

to be carried out by the proposed 

project, as evidenced by data on such 

phenomena as local labor market 

demand or occupational trends, or from 

surveys, recommendations from 

accrediting agencies, or tribal economic 

development plans. 

(b) Significance. In determining the 

significance of the proposed project, we 

consider the following factors: 

(1) The potential contribution of the 

proposed project toward increasing the 

understanding of educational needs, 

issues, or strategies for providing career 

and technical education to American 

Indians and Alaska Natives. 

(2) The likelihood that the proposed 

project will result in system change or 

improvement in the applicant’s 

educational program as evidenced by 

the types of training and activities 

identified in the project application. 

(3) The extent to which the proposed 

project is likely to build local capacity 

to provide, improve, or expand services 

that address the career and technical 

needs of the target population. 

(c) Quality of the project design. In 

determining the quality of the design of 

the proposed project, we consider the 

following factors: 

(1) The extent to which goals, 

objectives, and outcomes are clearly 

specified and measurable (e.g., 

identification of the requirements for 

each course of study to be provided 

under the project, the technical skill 

proficiencies to be taught and the 

industry-recognized standards or 

competency assessments to be used, 

including related training areas and a 

description of the industry 

certifications, credentials, certificates, or 

degrees that students may earn; 

expected enrollments, completions, and 

student placements in jobs, military 

specialties, and continuing education/ 

training opportunities in each career 

training area; the number of teachers, 

counselors, and administrators to be 

trained). 

(2) The extent to which the design of 

the proposed project is appropriate to, 

and will successfully address, the needs 

of the target population or other 

identified needs, as evidenced by the 

applicant’s description of programs and 

activities that align with the target 

population’s needs. 

(3) The extent to which the design for 

implementing and evaluating the 

proposed project plans for and is likely 

to result in the development of 

information that will guide possible 

dissemination of information on project 

practices, activities, or strategies, 

including information about the 

effectiveness of the approach or 

strategies employed by the project, 

planned dissemination activities, the 

kind of practices, activities, or strategies 

to be disseminated, the target audience 

for the dissemination of such practices, 

activities, or strategies, and the 

proposed uses for such disseminated 

practices, activities, or strategies. 

(4) The extent to which the proposed 

project will establish linkages with or 

will be coordinated with similar or 

related efforts, and with community, 

State, or Federal resources, where such 

opportunities and resources exist. 

(d) Quality of project services. In 

determining the quality of the services 

to be provided by the proposed project, 

we consider the following factors: 

(1) The extent to which the training or 

professional development services to be 

provided by the proposed project would 

be of sufficient quality, intensity, and 

duration to lead to improvements in 

practice among the project staff and 

instructors, including the extent to 

which the proposed training and 

professional development plans address 

ways in which learning gaps will be 

addressed and how continuous review 

of performance will be conducted to 

identify training needs. 

(2) The extent to which the services 

to be provided by the proposed project 

will create opportunities for students to 

receive an industry-recognized 

credential; become employed in highskill, high-wage, and high-demand 

occupations; or both. 

(3) The extent to which the services 

proposed in the project will create 

opportunities for students to acquire 

technical skill proficiencies, industry 

certifications, or the skills identified by 

State or industry-recognized career and 

technical education programs or 

professions. In describing the services, 

there must be a clear link between the 

services and the skill proficiencies, 

industry certifications, credentials, 

certificates, or degrees that students may 

earn. 

(e) Quality of project personnel. In 

determining the quality of project 

personnel, we consider the following 

factors: 

(1) The extent to which the applicant 

encourages applications for employment 

from persons who are members of 

groups that have traditionally been 

underrepresented based on color, 

national origin, gender, age, or 

disability. 

(2) The qualifications, including 

relevant training, expertise, and 

experience, of the project director, key 

personnel, and project consultants. 

(3) The extent to which the project 

will use instructors who are certified to 

teach in the field in which they will 

provide instruction. 

(f) Adequacy of resources. In 

determining the adequacy of resources 

for the proposed project, we consider 

the following factors: 

(1) The adequacy of support, 

including facilities, equipment, 

supplies, and other resources, from the 

applicant organization(s) and the tribal 

entity or entities to be served. 

(2) The extent to which the budget is 

adequate and costs are reasonable in 

relation to the objectives of the 

proposed project. 

(3) The relevance and demonstrated 

commitment (e.g., through written 

career and technical education 

agreements, memoranda of 

understanding, letters of support and 

commitment, or commitments to 

employ project participants, as 

appropriate) of the applicant, members 

of the consortium, local employers, or 

tribal entities to be served by the 

project. 

(4) The potential for continued 

support of the project after Federal 

funding ends. 

(g) Quality of the management plan. 

In determining the quality of the 

management plan for the proposed 

project, we consider the following 

factors: 

(1) The adequacy of the management 

plan to achieve the objectives of the 

proposed project on time and within 

budget, including clearly defined 

responsibilities, timelines, and the 

milestones and performance standards 

for accomplishing project tasks. 

(2) The extent to which the time 

commitments of the project director and 

other key project personnel are 


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appropriate and adequate to meet the 

objectives of the proposed project. 

(3) The adequacy of mechanisms for 

ensuring high-quality products and 

services from the proposed project. 

(h) Quality of the project evaluation. 

In determining the quality of the 

evaluation, we consider the following 

factors: 

(1) The extent to which the methods 

of evaluation proposed by the grantee 

are thorough, feasible, and appropriate 

to the goals, objectives, and outcomes of 

the proposed project. 

(2) The extent to which the methods 

of evaluation include the use of 

objective performance measures that are 

clearly related to the intended outcomes 

of the project and the Government 

Performance and Results Act of 1993 

(GPRA) performance measures, and will 

produce quantitative and qualitative 

data, to the extent possible. 

(3) The extent to which the methods 

of the evaluation include processes that 

consider the validity and integrity of 

data collection and analysis; 

accessibility of appropriate and timely 

data; accurate descriptions of 

performance; collection processes that 

yield unbiased, unprejudiced, and 

impartial data results; and the extent to 

which representation of the data clearly 

communicates an accurate picture of 

performance. 

(4) The extent to which the methods 

of evaluation will provide performance 

feedback and continuous improvement 

toward achieving intended outcomes. 

(5) The quality of the evaluation to be 

conducted by an external evaluator with 

the necessary background and technical 

expertise to carry out the evaluation. 

Additional Selection Factors 

In accordance with the requirement in 

section 116(e) of the Act, we have 

included the following additional 

selection factors and propose to award 

additional points to any application 

addressing the following factors, as 

indicated. We are not soliciting public 

comment on the section 116(e) 

requirement but only on the way we are 

proposing to meet the requirement. 

We propose to award— 

(a) Up to 10 additional points to 

applications that propose exemplary 

approaches that involve, coordinate 

with, or encourage tribal economic 

development plans; and 

(b) Five points to applications from 

tribally controlled colleges or 

universities that— 

(1) Are accredited or are candidates 

for accreditation by a nationally 

recognized accreditation organization as 

an institution of postsecondary career 

and technical education; or 

(2) Operate career and technical 

education programs that are accredited 

or are candidates for accreditation by a 

nationally recognized accreditation 

organization and issue certificates for 

completion of career and technical 

education programs (20 U.S.C. 2326(e)). 

We will determine final requirements, 

definitions, and selection criteria for 

NACTEP after considering responses to 

this notice and other information 

available to the Department. We will 

announce final requirements, 

definitions, and selection criteria for 

NACTEP in a notice in the Federal 

Register. This notice does not preclude 

us from proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

This notice does not solicit 

applications. In any year in which we 

choose to use this proposed priority and 

one or more of these proposed 

requirements, definitions, and selection 

criteria, we invite applications through 

a notice in the Federal Register. 

Executive Orders 12866 and 13563 

Regulatory Impact Analysis 

Under Executive Order 12866, the 

Secretary must determine whether this 

regulatory action is ‘‘significant’’ and, 

therefore, subject to the requirements of 

the Executive order and subject to 

review by the Office of Management and 

Budget (OMB). Section 3(f) of Executive 

Order 12866 defines a ‘‘significant 

regulatory action’’ as an action likely to 

result in a rule that may— 

(1) Have an annual effect on the 

economy of $100 million or more, or 

adversely affect a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or tribal governments or 

communities in a material way (also 

referred to as an ‘‘economically 

significant’’ rule); 

(2) Create serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlement grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

stated in the Executive order. 

This proposed regulatory action is not 

a significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

We have also reviewed this proposed 

regulatory action under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ The Office of 

Information and Regulatory Affairs of 

OMB has emphasized that these 

techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

We are issuing these proposed 

requirements, definitions, and selection 

criteria based on a reasoned 

determination that their benefits would 

justify their costs. In choosing among 

alternative regulatory approaches, we 

selected those approaches that would 

maximize net benefits. Based on the 

analysis that follows, the Department 

believes that this regulatory action is 

consistent with the principles in 

Executive Order 13563. 

We also have determined that this 

regulatory action would not unduly 

interfere with tribal governments in the 

exercise of their governmental 

functions. 

In accordance with both Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

are those resulting from statutory 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Proposed Rules 69585 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

Intergovernmental Review: This 

program is not 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) 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.gpo.gov/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 Adobe 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 

your search to documents published by 

the Department. 

Dated: November 15, 2012. 

Daniel J. Miller, 

Executive Officer, Delegated Authority to 

Perform the Functions and Duties of the 

Assistant Secretary for Vocational and Adult 

Education. 

[FR Doc. 2012–28216 Filed 11–19–12; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 98 

[EPA–HQ–OAR–2011–0028; FRL–9753–2] 

Greenhouse Gas Reporting Program: 

Proposed Amendments and 

Confidentiality Determinations for 

Subpart I 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; Extension of public 

comment period. 

SUMMARY: The EPA is announcing an 

extension of the public comment period 

for the proposed rule titled ‘‘Greenhouse 

Gas Reporting Program: Proposed 

Amendments and Confidentiality 

Determinations for Subpart I.’’ In 

addition, the EPA is notifying the public 

that additional documentation related to 

this proposed rule was entered into the 

docket on November 8, 2012. 

DATES: The public comment period 

started on October 16, 2012 (77 FR 

63538). This document announces the 

extension of the deadline for public 

comment from December 17, 2012 to 

January 16, 2013. Comments must be 

received on or before January 16, 2013. 

ADDRESSES: You may submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2011–0028 by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: GHGReportingRule@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2011–0028 in the subject line of the 

message. 

• Fax: (202) 566–9744. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mail Code 28221T, Attention Docket ID 

No. EPA–HQ–OAR–2011–0028, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, Public Reading Room, EPA West 

Building, Room 3334, Attention Docket 

ID No. EPA–HQ–OAR–2011–0028, 1301 

Constitution Avenue NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2011– 

0028. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http:// 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available for viewing at 

the EPA Docket Center. Publicly 

available docket materials are available 

either electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA/DC, EPA 

West Building, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; email address: 

GHGReportingRule@epa.gov. For 

technical questions, please see the 


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