[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6904]
[[Page Unknown]]
[Federal Register: March 25, 1994]
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Part IV
Department of Education
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34 CFR Part 219
Assistance for School Expenditures and Construction in Cases of Certain
Disasters; Final Rule and Notice
DEPARTMENT OF EDUCATION
34 CFR Part 219
RIN 1810-AA71
Assistance for School Expenditures and Construction in Cases of
Certain Disasters
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the regulations governing the Impact Aid
disaster assistance program. These final regulations are needed to
extend the deadline for local educational agencies (LEAs) affected by a
specific Presidentially-declared disaster to apply for funds, through
their State educational agencies (SEAs), beyond the usual 90-day period
after publication of a Presidential disaster declaration or amendment
to a declaration.
EFFECTIVE DATE: These regulations take effect either May 9, 1994 or
later if the Congress takes certain adjournments. If you want to know
the effective date of these regulations, call or write the Department
of Education contact person. A document announcing the effective date
will be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Frank Delia, Impact Aid Programs, U.S.
Department of Education, 400 Maryland Avenue, SW., Washington, DC
20202-6244. Telephone: (202) 260-3893. Individuals who use a
telecommunications device for the deaf (TDD) may call the TDD number at
(202) 205-5516.
SUPPLEMENTARY INFORMATION: Under the current statutory and regulatory
provisions of Public Law 81-874 (the Impact Aid statute), the Secretary
provides section 7(a) assistance to eligible LEAs that have increased
operating costs or reduced revenue as a result of a Presidentially-
declared disaster. Under Sec. 219.21 of the current regulations, an LEA
must submit its application for section 7(a) disaster assistance to its
SEA and ensure that the SEA certifies and transmits the application to
the Secretary of Education. The application must be transmitted by the
SEA on or before 90 days after the publication of a notice in the
Federal Register that the President has declared a major disaster and
that the county in which the LEA is located is eligible for public
assistance.
In certain disasters, such as the midwestern floods of 1993, a
number of areas are affected over a span of several weeks or months,
with multiple counties in several States being declared eligible for
public assistance at different times. This results in multiple
declarations of disaster, multiple dates for the submission of
applications, and possible confusion about the applicable deadlines,
even within a given State. Consequently, certain LEAs and SEAs may be
unable to determine accurately the appropriate deadline and fail to
file timely applications with the Department.
In recognition of the possible confusion that disasters of this
type may cause, the Secretary amends the regulations to allow for
additional time for filing or other ways to set the deadlines in
particular disasters. All other statutory and regulatory criteria
regarding section 7(a) disaster assistance remain in effect.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations will not have a
significant economic impact on a substantial number of small entities.
The small entities that would be affected by these final regulations
are small public and private agencies receiving Federal funds under
these programs. However, the regulations will not have significant
economic impact on the small entities affected because the regulations
will not impose excessive regulatory burdens or require unnecessary
Federal supervision. The regulations make only procedural changes that
grant greater flexibility in establishing application deadlines.
Paperwork Reduction Act of 1980
These regulations have been examined under the Paperwork Reduction
Act of 1980 and have been found to contain no information collection
requirements.
Waiver of Proposed Rulemaking
In accordance with section 431(b)(2)(A) of the General Education
Provisions Act (20 U.S.C. 1232(b)(2)(A)) and the Administrative
Procedure Act, it is the practice of the Secretary to offer interested
parties the opportunity to comment on proposed regulations. However,
these amendments make procedural changes only and do not establish new
substantive policy. Therefore, under 5 U.S.C. 553(b)(A), proposed
rulemaking is not required. Moreover, the Secretary has determined
under 5 U.S.C. 553(b)(B) that proposed rulemaking on these amended
regulations is unnecessary and contrary to the public interest.
Assessment of Educational Impact
The Secretary has determined that the regulations in this document
would not require transmission of information that is being gathered by
or is available from any other agency or authority of the United
States.
List of Subjects in 34 CFR Part 219
Administrative practice and procedure, Disaster assistance,
Education, State-administered programs.
(Catalog of Federal Domestic Assistance Number 84.041)
Dated: March 16, 1994.
Thomas W. Payzant,
Assistant Secretary, Elementary and Secondary Education.
The Secretary amends part 219 of title 34 of the Code of Federal
Regulations as follows:
PART 219--ASSISTANCE FOR SCHOOL EXPENDITURES AND CONSTRUCTION IN
CASES OF CERTAIN DISASTERS
1. The authority citation for part 219 continues to read as
follows:
Authority: 20 U.S.C. 241-6 and 646, unless otherwise noted.
2. In Sec. 219.21, paragraph (b) is amended by adding a sentence at
the end to read as follows:
Sec. 219.21 Application procedure.
* * * * *
(b) * * * The 90-day requirement may be extended by the Secretary,
under unusual circumstances, through the publication of a notice in the
Federal Register.
* * * * *
[FR Doc. 94-6904 Filed 3-24-94; 8:45 am]
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