31986 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

NATIONAL INSTITUTE FOR LITERACY 

Waiver for the Literacy Information and 

Communication (LINCS) Resource 

Collections and Regional Resource 

Centers 

AGENCY: National Institute for Literacy. 

ACTION: Notice of waiver for the Literacy 

Information and Communication 

(LINCS) Resource Collections and 

Regional Resource Centers. 

SUMMARY: The Acting Director waives 

the requirements in 34 CFR 75.261(c)(2) 

of the Education Department General 

Administrative Regulations (EDGAR) 

that generally prohibit the extension of 

grants beyond the expiration date when 

the extension requires additional 

Federal funds or the extension involves 

any change in the approved activities 

under the project. These waivers would 

enable the current eligible grantees 

under LINCS to apply for and continue 

to receive Federal funding beyond the 

original 36-month period of 

performance established in the grant 

application notices published in the 

Federal Register at 71 FR 43628 and 71 

FR 44716 and in their grant award 

notices. 

DATES: This notice is effective July 6, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Daniel J. Miller, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 11146, Potomac Center Plaza, 

Washington, DC 20202–7242. 

Telephone: (202) 245–7731. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1– 

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) by 

requesting it from the contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Background and Waiver of 34 CFR 

75.261(c)(2) 

Title II of the Workforce Investment 

Act of 1998 (Pub. L. 105–220), 

commonly known as the Adult 

Education and Family Literacy Act 

(AEFLA), established the National 

Institute for Literacy (NIFL or Institute) 

to provide national leadership on 

literacy, coordinate literacy services and 

policy, and serve as a national resource 

for adult education and literacy 

programs by providing the best and 

most current information in the area of 

phonemic awareness, systematic 

phonics, fluency, and reading 

comprehension, and supporting the 

creation of new ways to offer services of 

proven effectiveness. [20 U.S.C. 

9252(a)]. The Institute is administered 

under the terms of an interagency 

agreement entered into by the 

Secretaries of Education (ED), Labor 

(DOL), and Health and Human Services 

(HHS) (the Interagency Group), and 

seeks and receives advice on its 

operations from its Presidentially 

appointed Advisory Board. The Institute 

coordinates its work with the member 

agencies of the Interagency Group to 

avoid duplication and maximize the 

results of the agencies’ investments and 

efforts in literacy services and policy. 

The Institute’s responsibilities 

include establishing a national 

electronic database of information that 

disseminates information to the 

broadest possible audience within the 

literacy and basic skills field and a 

communication network for literacy 

programs, providers, social service 

agencies, and students. 20 U.S.C. 

9252(c)(1)(A). To carry out these 

responsibilities, the Institute awarded 

three LINCS Regional Resource Centers 

grants on September 29, 2006, and three 

LINCS Resource Collections grants on 

September 26, 2009. The project period 

for these grants ends on September 30, 

2009, and the Institute would normally 

conduct a new competition to continue 

to fund the activities supported by these 

grants. 

The administration is not requesting 

funds for the Institute in fiscal year (FY) 

2010 and has proposed that the Office 

of Vocational and Adult Education 

(OVAE), which administers both the 

Adult Education State Grant program 

and the Adult Education National 

Leadership Activities in ED, absorb the 

resources formerly appropriated to the 

Institute. Congress is now in the process 

of reauthorizing the Workforce 

Investment Act, and, pending final 

decisions about the future of the 

Institute and its programs, the Institute 

does not believe that it would be in the 

public interest to hold new 

competitions for the LINCS grants until 

after Congress has concluded that 

process. 

Therefore, to avoid a lapse in the 

availability of services provided by 

current LINCS grantees, the Institute 

waives the requirements in 34 CFR 

75.261(c)(2), which prohibit the 

extension of grants beyond the initial 

period of performance if the extension 

requires additional Federal funds and/or 

if the extension involves any changes in 

the approved activities under the 

project. The Institute is waiving these 

requirements in order to be able to 

continue to fund current, eligible LINCS 

grantees with FY 2009 funds. The 

Institute’s waiver of these requirements 

and continued funding of the current 

LINCS grants would extend for as long 

as Congress continues to appropriate 

funds for the existing program authority 

under 20 U.S.C. 9252 and possibly 

during a transition to any new program 

authorities that might be created in the 

reauthorization of the Workforce 

Investment Act. The waivers would not 

affect any other legal provisions 

governing the grants to the current, 

eligible LINCS grantees, including the 

requirements applicable to continuation 

awards that were established in our 

August 1, 2006 and August 7, 2006 

Federal Register notices (71 FR at 44717 

and 71 FR at 43628), and the 

requirements in 34 CFR 75.253 

concerning continuation awards. 

The waiver of 34 CFR 75.261(c)(2) 

does not exempt current LINCS grantees 

from the account closing provisions of 

31 U.S.C. 1552(a), nor does it extend the 

availability of funds previously awarded 

to current LINCS grantees. As a result of 

31 U.S.C. 1552(a), appropriations 

available for a limited period may be 

used for payment of valid obligations for 

only five years after the expiration of 

their period of availability for Federal 

obligation. After that time, the 

unexpended balance of those funds is 

canceled and returned to the U.S. 

Treasury Department and is unavailable 

for restoration for any purpose. 

Regulatory Flexibility Act Certification 

The Acting Director certifies that this 

notice of waiver will not have a 

significant economic impact on a 

substantial number of small entities. 

The entities that would be affected by 

these waivers are: 

(a) The current LINCS grantees; 

(b) Public and private agencies or 

institutions, or non-profit organizations 

with knowledge and expertise in adult 

basic education and literacy; and, 

(c) consortia of such agencies, 

institutions, or organizations. 

The Acting Director certifies that the 

waivers would not have a significant 

economic impact on these entities 

because the waivers and the activities 

required to support the additional year 

of funding would not impose excessive 

regulatory burdens or require 

unnecessary Federal supervision. The 

waivers would impose minimal 

requirements to ensure the proper 

expenditure of program funds, 

including requirements that are 

standard for continuation awards. 

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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31987 

Paperwork Reduction Act of 1995 

This notice of waiver does not contain 

any information collection 

requirements. 

Intergovernmental Review 

The LINCS grants are 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 and these 

grants. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

new/fedregister. 

To use PDF, you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

Note: 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 on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Program Authority: 20 U.S.C. 9295. 

Dated: June 29, 2009. 

Daniel J. Miller, 

Acting Director, National Institute for 

Literacy. 

[FR Doc. E9–15728 Filed 7–2–09; 8:45 am] 

BILLING CODE 6055–01–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice at least once monthly 

of certain Federal agency requests for 

records disposition authority (records 

schedules). Once approved by NARA, 

records schedules provide mandatory 

instructions on what happens to records 

when no longer needed for current 

Government business. They authorize 

the preservation of records of 

continuing value in the National 

Archives of the United States and the 

destruction, after a specified period, of 

records lacking administrative, legal, 

research, or other value. Notice is 

published for records schedules in 

which agencies propose to destroy 

records not previously authorized for 

disposal or reduce the retention period 

of records already authorized for 

disposal. NARA invites public 

comments on such records schedules, as 

required by 44 U.S.C. 3303a(a). 

DATES: Requests for copies must be 

received in writing on or before August 

5, 2009. Once the appraisal of the 

records is completed, NARA will send 

a copy of the schedule. NARA staff 

usually prepare appraisal 

memorandums that contain additional 

information concerning the records 

covered by a proposed schedule. These, 

too, may be requested and will be 

provided once the appraisal is 

completed. Requesters will be given 30 

days to submit comments. 

ADDRESSES: You may request a copy of 

any records schedule identified in this 

notice by contacting the Life Cycle 

Management Division (NWML) using 

one of the following means: 

Mail: NARA (NWML), 8601 Adelphi 

Road, College Park, MD 20740–6001. 

E-mail: request.schedule@nara.gov. 

FAX: 301–837–3698. 

Requesters must cite the control 

number, which appears in parentheses 

after the name of the agency which 

submitted the schedule, and must 

provide a mailing address. Those who 

desire appraisal reports should so 

indicate in their request. 

FOR FURTHER INFORMATION CONTACT: 

Laurence Brewer, Director, Life Cycle 

Management Division (NWML), 

National Archives and Records 

Administration, 8601 Adelphi Road, 

College Park, MD 20740–6001. 

Telephone: 301–837–1539. E-mail: 

records.mgt@nara.gov. 

SUPPLEMENTARY INFORMATION: Each year 

Federal agencies create billions of 

records on paper, film, magnetic tape, 

and other media. To control this 

accumulation, agency records managers 

prepare schedules proposing retention 

periods for records and submit these 

schedules for NARA’s approval, using 

the Standard Form (SF) 115, Request for 

Records Disposition Authority. These 

schedules provide for the timely transfer 

into the National Archives of 

historically valuable records and 

authorize the disposal of all other 

records after the agency no longer needs 

them to conduct its business. Some 

schedules are comprehensive and cover 

all the records of an agency or one of its 

major subdivisions. Most schedules, 

however, cover records of only one 

office or program or a few series of 

records. Many of these update 

previously approved schedules, and 

some include records proposed as 

permanent. 

The schedules listed in this notice are 

media neutral unless specified 

otherwise. An item in a schedule is 

media neutral when the disposition 

instructions may be applied to records 

regardless of the medium in which the 

records are created and maintained. 

Items included in schedules submitted 

to NARA on or after December 17, 2007, 

are media neutral unless the item is 

limited to a specific medium. (See 36 

CFR 1228.24(b)(3).) 

No Federal records are authorized for 

destruction without the approval of the 

Archivist of the United States. This 

approval is granted only after a 

thorough consideration of their 

administrative use by the agency of 

origin, the rights of the Government and 

of private persons directly affected by 

the Government’s activities, and 

whether or not they have historical or 

other value. 

Besides identifying the Federal 

agencies and any subdivisions 

requesting disposition authority, this 

public notice lists the organizational 

unit(s) accumulating the records or 

indicates agency-wide applicability in 

the case of schedules that cover records 

that may be accumulated throughout an 

agency. This notice provides the control 

number assigned to each schedule, the 

total number of schedule items, and the 

number of temporary items (the records 

proposed for destruction). It also 

includes a brief description of the 

temporary records. The records 

schedule itself contains a full 

description of the records at the file unit 

level as well as their disposition. If 

NARA staff has prepared an appraisal 

memorandum for the schedule, it too 

includes information about the records. 

Further information about the 

disposition process is available on 

request. 

Schedules Pending 

1. Department of Agriculture, 

Agricultural Research Service (N1–310– 

09–1, 1 item, 1 temporary item). Records 

relating to volunteers serving at the U.S. 

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