Magnet Schools Assistance Program Final Regulations

Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10605

Approved: February 6, 2007.

Gregg A. Cervi,

Commander, JAGC, U.S. Navy Deputy

Assistant Judge Advocate General (Admiralty

and Maritime Law).

[FR Doc. E74254 Filed 3807; 8:45 am]

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DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 117

[CGD0507018]

RIN 1625AA09

Drawbridge Operation Regulations;

Susquehanna River, at Havre de Grace,

MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Fifth Coast

Guard District, has approved a

temporary deviation from the

regulations governing the operation of

the National Railroad Passenger

Corporation (AMTRAK) Bridge, at mile

1.0, across Susquehanna River at Havre

de Grace, Maryland. This deviation

allows the drawbridge to remain closed-

to-navigation beginning at 6 p.m. on

March 30, 2007, until and including 6

p.m. on June 8, 2007, to facilitate

structural repairs.

DATES: This deviation is effective from

6 p.m. on March 30, 2007, until 6 p.m.

on June 8, 2007.

ADDRESSES: Materials referred to in this

document are available for inspection or

copying at Commander (dpb), Fifth

Coast Guard District, Federal Building,

1st Floor, 431 Crawford Street,

Portsmouth, VA 237045004 between 8

a.m. and 4 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (757) 3986222.

Commander (dpb), Fifth Coast Guard

District maintains the public docket for

this temporary deviation.

FOR FURTHER INFORMATION CONTACT: Bill

H. Brazier, Bridge Management

Specialist, Fifth Coast Guard District, at

(757) 3986422.

SUPPLEMENTARY INFORMATION: The

AMTRAK Bridge, a swing-type

drawbridge, has a vertical clearance in

the closed position to vessels of 52 feet,

above mean high water.

AMTRAK, the bridge owner, has

requested a temporary deviation from

the current operating regulation set out

in 33 CFR 117.575 and to close the

drawbridge to navigation to perform

needed structural repairs.

The repairs will include the renewal

of 3,184 bridge timbers as well as the

installation of new rail and expansion

joints. To facilitate this work, the

AMTRAK Bridge will be maintained in

the closed-to-navigation position

beginning at 6 p.m. on March 30, 2007,

until and including 6 p.m. on June 8,

2007.

The Coast Guard has informed the

known users of the waterway of the

closure periods for the bridge so that

these vessels can arrange their transits

to minimize any impact caused by the

temporary deviation.

In accordance with 33 CFR 117.35(e),

the drawbridge must return to its regular

operating schedule immediately at the

end of the designated time period.

This deviation from the operating

regulations is authorized under 33 CFR

117.35.

Dated: February 28, 2007.

Waverly W. Gregory, Jr.,

Chief, Bridge Administration Branch, Fifth

Coast Guard District.

[FR Doc. E74215 Filed 3807; 8:45 am]

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DEPARTMENT OF EDUCATION

34 CFR Part 280

Magnet Schools Assistance Program

AGENCY: Office of Innovation and

Improvement, Department of Education.

ACTION: Final regulations.

SUMMARY: The Secretary amends the

regulations governing the Magnet

Schools Assistance Program (MSAP) in

34 CFR part 280. These amendments

allow the MSAP to use an approach

similar to that in 75.200 for

establishing selection criteria in grant

competitions. Under this approach the

MSAP has the flexibility to use selection

criteria from its program regulations,

from the menu of general selection

criteria in the Education Department

General Administrative Regulations

(EDGAR) in 75.210, based on statutory

provisions in accordance with 75.209,

or from any combination of these.

DATES: These regulations are effective

April 9, 2007.

FOR FURTHER INFORMATION CONTACT:

Steven L. Brockhouse, U.S. Department

of Education, 400 Maryland Avenue,

SW., room 4W229, Washington, DC

202025970. Telephone: (202) 2602476

or via Internet:

[email protected].

If you use a telecommunications

device for the deaf (TDD), you may call

the Federal Relay Service (FRS) at 1

8008778339.

Individuals with disabilities may

obtain this document in an alternative

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

audiotape, or computer diskette) on

request to the contact person listed

under FOR FURTHER INFORMATION

CONTACT.

SUPPLEMENTARY INFORMATION: On August

22, 2006 the Secretary published a

notice of proposed rulemaking (NPRM)

for these amendments in the Federal

Register (71 FR 48866).

In the preamble to the NPRM, the

Secretary discussed on pages 48866 and

48867 the major changes proposed in

that document to provide the MSAP

with the flexibility to use different types

of selection criteria when evaluating

grant applications in a specific grant

competition. These included the

following:

Amending 280.30 to give the

Secretary the flexibility to use selection

criteria from 280.31, from the

approved menu of general selection

criteria in 75.210 or from selection

criteria based on statutory provisions

governing the MSAP, established in

accordance with 75.209.

Amending 280.31 to remove the

mandatory point values from the

selection criteria in this section of the

MSAP regulations.

There are no differences between the

NPRM and these final regulations.

Analysis of Comments

In response to the Secretarys

invitation in the NPRM, nine parties

submitted comments on the proposed

regulations. An analysis of the

comments follows.

We discuss substantive issues under

the sections of the regulations to which

they pertain. Generally, we do not

address technical and other minor

changesand suggested changes the

law does not authorize the Secretary to

make.

Section 280.30 How Does the Secretary

Evaluate an Application?

Comment: Two commenters

expressed the opinion that the current

selection criteria work effectively to

address the MSAPs statutory purpose

and requirements, and consequently

that a change in approach to permit the

use of other selection criteria is not

needed at this time.

Discussion: The Department proposed

these changes because we have been

constrained in past MSAP competitions

to using only the program selection

criteria in 280.31, whether or not their

use continues to work well in the

10606 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations

selection of new projects that are likely

to be effective in achieving results. This

approach limited our ability to tailor the

selection criteria in a manner that

allowed us to take into consideration

current program needs, new research

findings relating to magnet schools, or

other appropriate information in order

to facilitate the selection of applications

that show the greatest promise of

meeting the programs statutory

purposes.

The amended regulations provide the

flexibility to make adjustments to the

selection criteria that are used for a

particular competition. Implementation

of this change does not mean that

existing selection criteria that continue

to work effectively in the selection of

high-quality applications for awards

will be disregarded or abandoned. In

fact, it is unlikely that the use of this

approach will result in major changes

from one grant competition to the next.

Nonetheless, the Department does

believe that the flexibility gained in

using this approach will enable us to

more effectively tailor selection criteria

to ensure projects best address the

purpose and requirements of the MSAP

statute.

Change: None.

Comment: Two commenters

expressed concerns about the effects of

different criteria, especially general

criteria from EDGAR, and indicated that

they believed that the use of such

criteria would be detrimental to the

quality of applications.

Discussion: Any criterion or factor

from the approved menu in 75.210

must be considered in the context of the

MSAP and in conjunction with

applicable statutory provisions and

program regulations. As a result, we do

not believe that the use of selection

criteria or factors from 75.210 will

negatively affect program quality.

Change: None.

Comment: Two commenters criticized

the approach in 280.30 because they

believed that it would provide too much

flexibility to manipulate the MSAPs

statutory purpose or disregard

desegregation-related factors.

Discussion: Fears that this approach

will allow the Secretary to supersede

statutory provisions or program

requirements are misplaced. The

Secretary is bound by statutory

provisions. In evaluating applications,

the Department must adhere to selection

criteria or other provisions related to the

evaluation of applications that are

required by statute and the regulations.

In addition, the Department intends to

use this approach to establish selection

criteria in conjunction with the statute

and program requirements in the MSAP

regulations, not instead of them.

Change: None.

Comment: One commenter criticized

the approach in 280.30 because the

public would not be afforded the

opportunity to comment formally on the

Departments choice of selection criteria

for a particular competition and another

commenter indicated that rulemaking

for each proposed change or set of

changes would be preferable.

Discussion: The Magnet Schools

Assistance Program (MSAP) Application

for Grants is approved under OMB

number 18550011. This information

collection follows the streamlined grant

application clearance procedures

approved under OMB numbers 1890

0001 and 18900006. For special

information collection processes such as

the use of generic grant applications

using the EDGAR selection criteria,

public comment on the information

collection is generally solicited at three

year intervals. The current approval for

the MSAP application package expires

April 30, 2007 and the Department will

publish a Federal Register notice

shortly to solicit comments on that

application package (18550011).

The Department welcomes comments

and suggestions on selection criteria,

and the application process generally,

apart from formal opportunities to

comment. Potential applicants, grantees,

program beneficiaries, and others are

encouraged to advise the Department

about their experience with the

selection criteria, and to provide

recommendations for criteria for future

competitions at any time, for the

Departments use in designing selection

criteria.

Moreover, as discussed earlier in

these comments, the Department

believes that this approach provides

flexibility to make adjustments to the

selection criteria that are used for a

particular competition and that the

flexibility gained in using this approach

will enable us to more effectively tailor

selection criteria to help ensure the

selection of projects that best address

the purpose and requirements of the

MSAP statute.

Change: None.

Comment: Other commenters

expressed varying views regarding the

approach in 280.30 that would give

the Secretary the flexibility to use

selection criteria from the approved

menu of general selection criteria in

75.210 or from selection criteria based

on statutory provisions governing the

MSAP, in accordance with 75.209.

One commenter indicated that the

additional flexibility would be

beneficial. Three others expressed

reservations about this approach, but

only in the context of whether there

would be sufficient time available to

adequately address any new selection

criteria. One other commenter also

expressed concern that the change

would have a detrimental effect on

planning prior to the announcement of

selection criteria.

Discussion: The Secretary does not

believe that the new approach will

prevent potential applicants from

beginning to prepare applications in

advance of an application

announcement. Applicants may begin

work on the basis of statutory purposes

and requirements. Additionally, it is

unlikely that there will be substantial

changes in the selection criteria used in

evaluating applications from one

competition to the next in the absence

of statutory changes that might

otherwise require more significant

revisions. Further, under the Paperwork

Reduction Act of 1995, an agency must

obtain OMB approval to require

responses to an information collection

in less than 30 days. As a result, under

most circumstances respondents will

have a minimum of 30 days to prepare

applications and in most instances an

even longer period based on past

practices. Over the previous four MSAP

competitions, applicants have actually

had a minimum of 42 days from the date

of publication of the application notice

to the application due date in which to

prepare applications, and an average of

more than 60 days in which to prepare

applications over the course of these

four competitions.

Change: None.

Section 280.31 What Selection Criteria

Does the Secretary Use?

Comment: Two commenters

addressed the amendment to 280.31

that removes the mandatory point

values from the selection criteria in this

section of the MSAP regulations. One

commenter expressed the opinion that

removing point values was not a good

idea, however the commenter offered no

explanation of this position. The other

commenter sought clarification

regarding whether a different set of

point values for selection criteria would

be used.

Discussion: Removing the currently

specified point values from the selection

criteria in 280.31 does not mean that

point values will not be used. As set

forth in 280.30(e), there will continue

to be 100 points awarded for the

selection criteria. Removing the

mandatory point values merely provides

the flexibility to assign specific point

values based on the selection criteria

actually used in a particular

Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations 10607

competition, consistent with the

Departments approach for other

discretionary grant programs that use

selection criteria from 75.210 and

selection criteria based on the statute, as

set forth in 75.209, as well as selection

criteria from program regulations.

Change: None.

Executive Order 12866

We have reviewed these final

regulations in accordance with

Executive Order 12866. Under the terms

of the order we have assessed the

potential costs and benefits of this

regulatory action.

The potential costs associated with

the final regulations are those resulting

from statutory requirements and those

we have determined to be necessary for

administering this program effectively

and efficiently.

In assessing the potential costs and

benefitsboth quantitative and

qualitativeof these final regulations,

we have determined that the benefits of

the regulations justify the costs.

We have also determined that this

regulatory action does not unduly

interfere with State, local, and tribal

governments in the exercise of their

governmental functions.

Summary of Potential Costs and

Benefits

We summarized the potential costs

and benefits of these final regulations in

the preamble to the NPRM (71 FR

48867).

Paperwork Reduction Act of 1995

The Paperwork Reduction Act of 1995

does not require you to respond to a

collection of information unless it

displays a valid OMB control number.

We display the valid OMB control

number assigned to the collection of

information in these final regulations at

the end of the affected section of the

regulations.

Intergovernmental Review

This program is subject to the

requirements of Executive Order 12372

and the regulations in 34 CFR part 79.

The objective of the Executive order is

to foster an intergovernmental

partnership and a strengthened

federalism by relying on processes

developed by State and local

governments for coordination and

review of proposed Federal financial

assistance.

In accordance with the order, we

intend this document to provide early

notification of the Departments specific

plans and actions for this program.

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/

news/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

8882936498; or in the Washington,

DC, area at (202) 5121530.

You may also view this document in

text or PDF at the following site:

http://www.ed.gov/programs/magnet/

applicant.html.

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.

(Catalog of Federal Domestic Assistance

Number 84.165A Magnet Schools Assistance

Program.)

List of Subjects in 34 CFR Part 280

Civil rights, Desegregation, Education,

Elementary and secondary education,

Grant programseducation, Magnet

schools, Reporting and recordkeeping

requirements.

Dated: March 6, 2007.

Morgan S. Brown,

Assistant Deputy Secretary for Innovation and

Improvement.

For the reasons discussed in the

preamble, the Assistant Deputy

Secretary for Innovation and

Improvement amends part 280 of title

34 of the Code of Federal Regulations as

follows:

PART 280MAGNET SCHOOLS

ASSISTANCE PROGRAM

1. The authority citation for part 280

continues to read as follows:

Authority: 20 U.S.C. 72317231j, unless

otherwise noted.

2. Section 280.30 is revised to read as

follows:

280.30 How does the Secretary evaluate

an application?

(a) The Secretary evaluates an

application under the procedures in 34

CFR part 75 and this part.

(b) To evaluate an application for a

new grant the Secretary may use

(1) Selection criteria established

under 34 CFR 75.209;

(2) Selection criteria in 280.31;

(3) Selection criteria established

under 34 CFR 75.210; or

(4) Any combination of criteria from

paragraphs (b)(1), (b)(2), and (b)(3) of

this section.

(c) The Secretary indicates in the

application notice published in the

Federal Register the specific criteria

that the Secretary will use and how

points for the selection criteria will be

distributed.

(d) The Secretary evaluates an

application submitted under this part on

the basis of criteria described in

paragraph (c) of this section and the

priority factors in 280.32.

(e) The Secretary awards up to 100

points for the extent to which an

application meets the criteria described

in paragraph (c) of this section.

(f) The Secretary then awards up to 30

additional points based upon the

priority factors in 280.32.

(Approved by the Office of Management and

Budget under control number 18550011)

(Authority: 20 U.S.C. 72317231j)

280.31 [Amended]

3. Section 280.31 is amended:

A. In the introductory text, by

removing the word uses and adding,

in its place, the words may use.

B. In paragraph (a) introductory text,

by removing the parenthetical (25

points).

C. In paragraph (b) introductory text,

by removing the parenthetical (10

points).

D. In paragraph (c) introductory text,

by removing the parenthetical (35

points).

E. In paragraph (d) introductory text,

by removing the parenthetical (5

points).

F. In paragraph (e) introductory text,

by removing the parenthetical (15

points).

G. In paragraph (f) introductory text,

by removing the parenthetical (10

points).

[FR Doc. E74270 Filed 3807; 8:45 am]

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