[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-440]


[[Page Unknown]]

[Federal Register: January 12, 1994]


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DEPARTMENT OF EDUCATION

34 CFR Parts 319, 429, 674, and 682

 

Miscellaneous Department of Education Regulations; Corrections

AGENCY: Department of Education.

ACTION: Final rules; correcting amendments.

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SUMMARY: This document corrects certain final regulations published in 
the Federal Register on July 21, 1992 (57 FR 32342) (Part 674--Federal 
Perkins Loan Program); August 14, 1992 (57 FR 36720) (Part 429--
Bilingual Vocational Materials, Methods, and Techniques Program); 
December 18, 1992 (57 FR 60280) (Part 682--Federal Family Education 
Loan Programs); and December 29, 1992 (57 FR 62094) (Part 319--Training 
Personnel for the Education of Individuals with Disabilities--Grants to 
State Educational Agencies and Institutions of Higher Education).

EFFECTIVE DATE: The correction to 34 CFR part 674 is effective 
September 18, 1992. The correction to 34 CFR part 429 is effective 
September 28, 1992. The correction to 34 CFR part 682 is effective 
February 1, 1993. The correction to 34 CFR part 319 is effective 
February 25, 1993.

FOR FURTHER INFORMATION CONTACT: Kenneth C. Depew, Division of 
Regulations Management, U.S. Department of Education, 400 Maryland 
Avenue, SW., room 5125, FOB-6, Washington, DC 20202-2241. Telephone: 
(202) 401-2884. Individuals who use a telecommunications device for the 
deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-
800-877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through 
Friday.

List of Subjects

34 CFR Part 319

    Education of individuals with disabilities, Education--training, 
Grant programs--education, Student aid, Teachers.

34 CFR Part 429

    Grant programs-education, Vocational education.

34 CFR Part 674

    Loan programs--education, Student aid.

34 CFR Part 682

    Loan programs--education, Student aid, Vocational education.

    Dated: January 3, 1994.
Judith A. Winston,
General Counsel.

(Catalog of Federal Domestic Assistance Numbers: 84.029 Training 
Personnel for the Education of Individuals with Disabilities; 84.038 
Perkins Loan Program; 84.077 Bilingual Vocational Training Program; 
84.032 Stafford Loan Program and PLUS Program)

    Parts 319, 429, 674, and 682 of title 34 of the Code of Federal 
Regulations are corrected by making the following amendments:

PART 319--TRAINING PERSONNEL FOR THE EDUCATION OF INDIVIDUALS WITH 
DISABILITIES--GRANTS TO STATE EDUCATIONAL AGENCIES AND INSTITUTIONS 
OF HIGHER EDUCATION

    1. The authority citation for part 319 continues to read as 
follows:

    Authority: 20 U.S.C. 1432, unless otherwise noted.


Sec. 319.3  [Corrected]

    2. In Sec. 319.3 the third word of the undesignated introductory 
text is revised to read ``funds''.

PART 429--BILINGUAL VOCATIONAL MATERIALS, METHODS, AND TECHNIQUES 
PROGRAM

    3. The authority citation for part 429 continues to read as 
follows:

    Authority: Sec. 441(c) of the Carl D. Perkins Vocational 
Education Act, 20 U.S.C. 2441(c), as enacted by Pub. L. 98-524, 
unless otherwise noted.


Secs. 429.11, 429.30  [Corrected]

    4. In Sec. 429.11(a) the cross-reference to ``Sec. 409.10'' is 
revised to read ``Sec. 429.10''; and in Sec. 429.30(a), (b), and (d) 
the cross-references to ``Sec. 409.31'' are revised to read 
``Sec. 429.31''.

PART 674--FEDERAL PERKINS LOAN PROGRAM

    5. The authority citation for part 674 continues to read as 
follows:

    Authority: 20 U.S.C. 1087aa--1087hh and 20 U.S.C. 421-429, 
unless otherwise noted.

    6. Section 674.34 is corrected by adding paragraphs (b)(1)(i) and 
(ii) and (c)(5)(i) through (v) to read as follows:


Sec. 674.34  Deferment of repayment--Perkins loans.

* * * * *
    (b)(1) * * *
    (i) An institution of higher education; or
    (ii) A comparable institution outside the U.S. approved by the 
Secretary for this purpose.
* * * * *
    (c) * * *
    (5) * * *
    (i) The borrower serves in an organization that is exempt from 
taxation under the provisions of section 501(c)(3) of the Internal 
Revenue Code of 1954.
    (ii) The borrower provides service to low-income persons and their 
communities to assist them in eliminating poverty and poverty-related 
human, social, and environmental conditions.
    (iii) The borrower's compensation does not exceed the compensation 
received by a full-time volunteer in the Peace Corps or in a program 
administered by the ACTION agency. Compensation includes an allowance 
for subsistence, necessary travel expenses, and stipends.
    (iv) The borrower, as part of his or her duties, does not give 
religious instruction, conduct worship service, engage in religious 
proselytizing, or engage in fundraising to support religious 
activities.
    (v) The borrower has agreed to serve on a full-time basis for a 
term of at least one year.
* * * * *
    7. Section 674.35 is corrected by adding paragraphs (b)(1)(i) and 
(ii) and (c)(4)(i) through (v) to read as follows:


Sec. 674.35  Deferment of repayment--Direct loans made on or after 
October 1, 1980.

* * * * *
    (b)(1) * * *
    (i) An institution of higher education; or
    (ii) A comparable institution outside the U.S. approved by the 
Secretary for this purpose.
* * * * *
    (c) * * *
    (4) * * *
    (i) The borrower serves in an organization that is exempt from 
taxation under the provisions of section 501(c)(3) of the Internal 
Revenue Code of 1954.
    (ii) The borrower provides service to low-income persons and their 
communities to assist them in eliminating proverty and poverty-related 
human, social, and environmental conditions.
    (iii) The borrower's compensation does not exceed the compensation 
received by a full-time volunteer in the Peace Corps or in a program 
administered by the ACTION agency. Compensation includes an allowance 
for subsistence, necessary travel expenses, and stipends.
    (iv) The borrower, as part of his or her duties, does not give 
religious instruction, conduct worship service, engage in religious 
proselytizing, or engage in fundraising to support religious 
activities.
    (v) The borrower has agreed to serve on a full-time basis for a 
term of at least one year.
* * * * *
    8. Section 674.36 is corrected by adding paragraphs (b)(1)(i) and 
(ii) to read as follows:


Sec. 674.36  Deferment of repayment--Direct loans made before October 
1, 1980 and Defense loans.

* * * * *
    (b)(1) * * *
    (i) An institution of higher education; or
    (ii) A comparable institution outside the U.S. approved by the 
Secretary for this purpose.
* * * * *
    9. Section 674.49 is corrected by adding paragraphs (e)(4)(i)(A) 
and (B) and (f)(2)(i) and (ii) to read as follows:


Sec. 674.49  Bankruptcy of borrower.

* * * * *
    (e) * * *
    (4)(i) * * *
    (A) Whether grounds exist under 11 U.S.C. 1307 to convert or 
dismiss the case; and
    (B) Whether the borrower has demonstrated entitlement to the 
``hardship discharge'' by meeting the requirements of 11 U.S.C. 
1328(b).
* * * * *
    (f) * * *
    (2) * * *
    (i) The court has found that repayment of the loan would impose an 
undue hardship on the borrower and the dependents of the borrower; or
    (ii)(A) The loan entered the repayment period more than seven 
years, excluding periods of deferment, before the filing of the 
petition; and
    (B) The loan is not excepted from discharge under other applicable 
provisions of the Code; or
* * * * *

PART 682--FEDERAL FAMILY EDUCATION LOAN (FFEL) PROGRAM

    10. The authority citation for Part 682 continues to read as 
follows:

    Authority: 20 U.S.C. 1071 to 1087-2, unless otherwise noted.


Sec. 682.801  [Corrected]

    11. Section 682.801 is amended by removing ``; and'' at the end of 
paragraph (e) and adding, in its place, a period.

[FR Doc. 94-440 Filed 1-11-94; 8:45 am]
BILLING CODE 4000-01-P