[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Rules and Regulations]
[Pages 18001-18003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8521]


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DEPARTMENT OF EDUCATION

34 CFR Part 674


Federal Perkins Loan Program

AGENCY: Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends the Federal Perkins Loan Program 
regulations. The regulations replace all references and forms of the 
term ``Direct Loan'' in the Federal Perkins Loan

[[Page 18002]]

Program regulations with the acronym ``NDSL'' in order to eliminate 
confusion between the National Direct Student Loan (NDSL) Program and 
the William D. Ford Federal Direct Loan Program.

DATES: These regulations are effective May 8, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Vanessa Freeman, Program 
Specialist, U.S. Department of Education, 400 Maryland Avenue, SW., 
Room 3045, Regional Office Building 3, Washington, DC 20202-5449. 
Telephone: (202) 708-8242.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) 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) on request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: Regulations amending the Federal Perkins 
Loan Program were published in proposed form on July 29, 1999. The 
proposed regulations were published in conformance with Section 492 of 
the Higher Education Act of 1965, as amended (the HEA), which requires 
the Secretary to conduct a negotiated rulemaking process to develop 
proposed regulations. Except in certain circumstances, the HEA also 
requires the Secretary to publish proposed regulations that conform to 
consensus agreements reached during the negotiated rulemaking process. 
In the preamble of the proposed regulations, the Secretary made a 
commitment to publish a technical corrections package that would 
replace all references to ``Direct Loan(s)'' in the Federal Perkins 
Loan Program and Student Assistance General Provisions regulations with 
``National Direct Student Loan Program'' or the acronym ``NDSL.'' This 
commitment reflected an agreement by negotiators that such a change 
would clarify the regulations by eliminating the potential confusion 
between the National Direct Student Loan Program and the William D. 
Ford Federal Direct Loan Program. These final regulations replace the 
references to ``Direct Loan(s)'' in 34 CFR part 674 only. All 
references to ``Direct Loan(s)'' contained in the Student Assistance 
General Provisions refer correctly to the William D. Ford Federal 
Direct Loan Program.

Waiver of Negotiated Rulemaking

    Under the Administrative Procedure Act (5 U.S.C. 553) the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, these regulations merely 
reflect technical changes that add clarity to the regulatory 
provisions. The changes do not establish or affect substantive policy 
and are made as a result of consensus reached by all affected parties 
during the negotiated rulemaking procedures required under section 492 
of the HEA. Therefore, under 5 U.S.C. 553(b)(B), the Secretary has 
determined that the use of negotiated rulemaking or proposed 
regulations is unnecessary and contrary to the public interest.

Regulatory Flexibility Act Certification

    The Secretary certifies that these regulations would not have a 
significant economic impact on a substantial number of small entities.
    Because these regulations reflect technical changes that add 
clarity to the regulatory provisions, the regulations would not have an 
impact on small entities.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

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 Department's specific plans and actions for 
this program.

Assessment of Education Impact

    Based on our own review, we have determined that these final 
regulations do not require transmission of information that any other 
agency or authority of the United States gathers or makes available.

Electronic Access to This Document

    You may view this document in text or Adobe Portable Document 
Format (PDF) on the Internet at the following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
http://ifap.ed.gov/csb__html/fedlreg.htm

To use the PDF you must have the Adobe Acrobat Reader Program with 
Search, which is available free at the first of the previous sites. If 
you have questions about using the 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.access.gpo.gov/nara/index.html

(Catalog of Federal Domestic Assistance Number: 84.037 Federal 
Perkins Loan Program)

List of Subjects in 34 CFR Part 674

    Loan programs--education, Student aid, Reporting and recordkeeping 
requirements.

    Dated: March 31, 2000.
Richard W. Riley,
Secretary of Education.


    For the reasons discussed in the preamble, the Secretary amends 
title 34 of the Code of Federal Regulations as follows:

PART 674--FEDERAL PERKINS LOAN PROGRAM

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

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

    2. Section 674.1 is amended by revising the reference to ``National 
Direct Student Loan Program'' to read ``National Direct Student Loan 
(NDSL) Program'' in paragraph (b)(1).

    3. Section 674.2 is amended by removing the reference to ``Direct 
loan'' from the list of terms in paragraph (a).

    4. The following sections in part 674 are amended by removing the 
word ``Direct'' and adding, in its place, ``NDSL'':

a. Sec. 674.9(g)
b. Sec. 674.19(e)(4)(iv)
c. Sec. 674.31(b)(2)(i)(C)
d. Sec. 674.33(b)(3)
e. Sec. 674.40(b)
f. Sec. 674.53 heading
g. Sec. 674.53(a)(1)(ii)
h. Sec. 674.53(b)(2)
i. Sec. 674.53(c)(2)
j. Sec. 674.56 heading
k. Sec. 674.56(a)(2)
l. Sec. 674.56(b)(2)
m. Sec. 674.56(c)(2)
n. Sec. 674.57 heading
o. Sec. 674.57(a)(2)
p. Sec. 674.58(a)(1)
q. Sec. 674.61(a)
r. Sec. 674.61(b)
s. Sec. 674.61(d)
t. Sec. 674.63(b)


    5. The following sections in part 674 are amended by removing the 
words ``a

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Direct'' and adding, in their place, ``an NDSL'':

a. Sec. 674.59(b) heading
b. Sec. 674.59(b)(1)
c. Sec. 674.60(a)(2)


    6. The following sections in part 674 are amended by removing the 
words ``a Direct Loan'' and adding, in their place, ``an NDSL'':

a. Sec. 674.2 (definition of ``Student loan'')
b. Sec. 674.31(b)(5)(ii)(A)
c. Sec. 674.33(b)(6)(ii)
d. Sec. 674.36(a)


    7. The following sections in part 674 are amended by removing the 
words ``a Direct loan'' and adding, in their place, ``an NDSL'':

a.-b. Sec. 674.31(b)(5)(ii)(B)
c. Sec. 674.34(a)
d. Sec. 674.34(c)(2)
e. Sec. 674.37(a)(1)
f. Sec. 674.53(a)(1)(i)


    8. The following sections in part 674 are amended by removing the 
words ``Direct loan'' and adding, in their place, ``NDSL'':

a. Sec. 674.9(h)(2)
b. Sec. 674.53(b)(1) and (c)(1)
c. Sec. 674.56(a)(1)
d. Sec. 674.56(b)(1)
e. Sec. 674.56(c)(1)


    9. The following sections in part 674 are amended by removing the 
words ``Direct Loan'' and adding, in their place, ``NDSL'':

a. Sec. 674.52(d)
b. Sec. 674.57(a)(1)


    10. The following sections in part 674 are amended by removing the 
words ``Direct loans'' and adding, in their place, ``NDSLs'':

a. Sec. 674.2 (definition of ``Initial grace period'')
b. Sec. 674.33(c)(2)
c. Sec. 674.34 heading
d. Sec. 674.36 heading
e. Sec. 674.37 heading
f. Sec. 674.42(c)(1)(i)
g. Sec. 674.60 heading


    11. The following sections are amended by removing the words 
``Direct Loans'' and adding, in their place, ``NDSLs'':

a. Sec. 674.12(a)
b. Sec. 674.12(b)
c. Sec. 674.31(b)(2)(i)(A)
d. Sec. 674.31(b)(2)(i)(B)


    12. Section 674.46 is amended by removing the words ``National 
Direct'' and adding, in their place, ``NDSL'' in paragraph (a)(1)(i).

[FR Doc. 00-8521 Filed 4-5-00; 8:45 am]
BILLING CODE 4000-01-U