```

[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79613-79615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31325]

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

DEPARTMENT OF EDUCATION

34 CFR Chapter II

[CFDA Number 84.144F]

Final Requirement--Migrant Education Program Consortium Incentive 
Grant Program

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

ACTION: Final requirement.

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

SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
announces a final requirement under the Migrant Education Program (MEP) 
Consortium Incentive Grant (CIG) Program. This final requirement 
changes the maximum project period of grants awarded to State 
educational agencies (SEAs) under the MEP CIG program from two years to 
three years. We take this action to allow participating SEAs, where 
appropriate, to have an additional year to conduct needed activities, 
evaluate their projects, and provide a final report addressing their 
success in completing project activities and achieving the objectives 
and outcomes that were established in their approved CIG program 
application.

DATES: Effective Date: This requirement is effective January 30, 2014.

FOR FURTHER INFORMATION CONTACT: Lisa Gillette, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 3E313, Washington, DC 20202. 
Telephone: (202) 260-1426 or by email: lisa.gillette@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:
    Purpose of Program: The MEP, authorized in title I, part C, section 
1301 et seq. of the Elementary and Secondary Education Act of 1965, as 
amended

[[Page 79614]]

(ESEA) (20 U.S.C. 6391 et seq.), is a State-operated and State-
administered formula grant program. The MEP helps SEAs support high-
quality and comprehensive educational programs that do two things: 
provide migratory children with appropriate educational and supportive 
services that address their special needs in a coordinated and 
efficient manner, and give migratory children the opportunity to meet 
the same challenging State academic content and student academic 
achievement standards that all children are expected to meet.
    One component of the MEP is the CIG program, authorized in section 
1308(d) of the ESEA (20 U.S.C. 6398(d)). Through the MEP CIG program, 
the Department provides financial incentives to 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.
    Program Authority: 20 U.S.C. 6398.
    Applicable Program Regulations: 34 CFR part 200, subpart C.
    We published a notice of proposed requirement for this program in 
the Federal Register on July 3, 2013 (78 FR 40084). That notice 
contained background information and our reasons for proposing the 
particular requirement.
    Except for one minor technical revision, there are no differences 
between the proposed requirement and this final requirement.
    Public Comment: In response to our invitation in the notice of 
proposed requirement, the Department received one comment.

Analysis of Comments and Changes

    Comment: The one comment supported the proposed requirement because 
the additional year will allow time for projects to mature and will 
also provide time to disseminate successful and promising practices, as 
well as share lessons learned.
    Changes: None.

Final Requirement--Duration of Incentive Grants

    The Secretary may provide a maximum project period of three years 
for grants awarded under the MEP CIG program. The Secretary may extend 
the current two-year project period of the FY 2012 grantees to three 
years as well as determine a project period for future competitions of 
up to three years.
    For grants with a three-year project period, grantees must submit a 
performance report at the end of each project year and are eligible for 
a continuation award at the end of the first and second project years 
based on the two-tiered funding formula in the 2004 Notice of Final 
Requirements published in the Federal Register on March 3, 2004 (69 FR 
10110). The second and third year's continuation funding is contingent 
on the grantee making substantial progress in performing the previous 
year's consortium activities and in attaining the outcomes identified 
in the approved consortium application. Grantees must submit their 
final summary evaluation report at the end of the third project year.

    Note: This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, 
subject to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this requirement, 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 final 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 final 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 incentive--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 this final requirement only on a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
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 does not unduly 
interfere with State, local, and 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 requirements and those we have determined as 
necessary for

[[Page 79615]]

administering the Department's programs and activities.
    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) on request to the program 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: December 26, 2013.
Deborah S. Delisle,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2013-31325 Filed 12-30-13; 8:45 am]
BILLING CODE 4000-01-P
```