[Federal Register Volume 73, Number 47 (Monday, March 10, 2008)]
[Notices]
[Pages 12721-12723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4765]


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DEPARTMENT OF EDUCATION

[CFDA NO. 84.031H]


Office of Postsecondary Education; Strengthening Institutions 
(SIP), American Indian Tribally Controlled Colleges and Universities 
(TCCU), Alaska Native and Native Hawaiian-Serving Institutions (ANNH), 
Developing Hispanic-Serving Institutions (Title V-HSI) Programs, and 
the Asian American and Native American Pacific Islander-Serving 
Institutions (CCRAA-AANAPISI), and Hispanic-Serving Institutions 
Programs (CCRAA-HSI) under the College Cost Reduction and Access Act of 
2007, Public Law 110-84 (CCRAA); Notice Inviting Applications for 
Designation as Eligible Institutions for Fiscal Year (FY) 2008.

    Purpose of Programs: Under the SIP, TCCU, and ANNH programs (Title 
III, Part A programs), which are all authorized under Part A of Title 
III of the Higher Education Act of 1965, as amended (HEA), institutions 
of higher education (IHEs or institutions) are eligible to apply for 
grants if they meet specific statutory and regulatory eligibility 
requirements. Similarly, IHEs are eligible to apply for grants under 
the Title V-HSI program, authorized under Title V of the HEA, if they 
meet specific statutory and regulatory requirements. In addition, under 
the CCRAA, institutions applying for grants under the CCRAA-AANAPISI or 
CCRAA-HSI programs must be eligible institutions, as defined in section 
312(b) and section 502(a)(2) of the HEA, respectively.
    An institution that is designated as an eligible institution under 
the Title III, Part A, Title V-HSI and CCRAA-AANAPISI and CCRAA-HSI 
programs may also receive a waiver of certain non-Federal cost-share 
requirements under the Federal Supplemental Educational Opportunity 
Grant (FSEOG), the Federal Work Study (FWS), the Student Support 
Services (SSS) and the Undergraduate International Studies and Foreign 
Language (UISFL) programs. The FSEOG, FWS, and SSS programs are 
authorized under Title IV of the HEA; the UISFL program is authorized 
under Title VI of the HEA. Qualified institutions may receive these 
waivers even if they are not recipients of grant funds under the Title 
III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI programs.
    Special Note: To qualify as an eligible institution under the Title 
III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI programs, your 
institution must satisfy several criteria, including one related to 
needy student enrollment and one related to average educational and 
general (E&G) expenditures for a particular base year. The most recent 
data available for E&G expenditures are for base year 2005-2006. In 
order to award FY 2008 grants in a timely manner, we will use the most 
recent data available. Therefore, we use E&G expenditure threshold data 
from the base year 2005-2006. In completing your eligibility 
application, please use E&G expenditure data from the base year 2005-
2006.
    If you are designated as an eligible institution and you do not 
receive a new award under the Title III, Part A, Title V-HSI, CCRAA-
AANAPISI or CCRAA-HSI programs in FY 2008, your eligibility for the 
non-Federal cost-share waiver under the FSEOG, the FWS, the SSS, or the 
UISFL programs is valid for five consecutive years. You will not need 
to reapply for eligibility until 2013, unless you wish to apply for a 
new Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI grant. 
All institutions (including those designated as TCCU and ANNH 
institutions) that are not designated as eligible institutions and are 
interested in applying for a FY 2008 new grant or requesting a waiver 
of the non-Federal cost share, must apply for eligibility designation 
in FY 2008. Institutions applying for grants under the Native American-
Serving Nontribal Institutions Program and the Predominantly Black 
Institutions Program authorized by the CCRAA do not have to meet these 
eligibility requirements and do not have to submit the application 
described in this notice.
    Eligible Applicants: To qualify as an eligible institution under 
the Title III, Part A, Title V-HSI, CCRAA-AANAPISI or CCRAA-HSI 
programs, an accredited institution must, among other requirements, 
have an enrollment of needy students, and its average E&G expenditures 
per full-time equivalent (FTE) undergraduate student must be low in 
comparison with the average E&G expenditures per FTE undergraduate 
student of institutions that offer similar instruction.
    The complete eligibility requirements for the Title III, Part A 
programs are found in 34 CFR 607.2 through 607.5. These regulations may 
be accessed at the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
    The complete eligibility requirements for the Title V-HSI program 
are found in 34 CFR 606.2 through 34 CFR 606.5. These regulations may 
be accessed at the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
    Enrollment of Needy Students: Under 34 CFR 606.3(a) and 607.3(a), 
an institution is considered to have an enrollment of needy students if 
(1) at least 50 percent of its degree students received financial 
assistance under one or more of the following programs: Federal Pell 
Grant, FSEOG, FWS, and Federal Perkins Loan programs; or (2) the 
percentage of its undergraduate degree students who were enrolled on at 
least a half-time basis and received Federal Pell Grants exceeded the 
median percentage of undergraduate degree students who were enrolled on 
at least a half-time basis and received Federal Pell Grants at 
comparable institutions that offered similar instruction.
    To qualify under this latter criterion, an institution's Federal 
Pell Grant percentage for base year 2005-2006 must be more than the 
median for its category of comparable institutions provided in the 
2005-2006 Median Pell Grant and Average E&G Expenditures per FTE 
Student table in this notice.
    Educational and General Expenditures per FTE Student: An 
institution should compare its 2005-2006 average E&G expenditures per 
FTE student to the average E&G expenditure per FTE student for its 
category of comparable institutions contained in the 2005-2006 Median 
Pell Grant and Average E&G Expenditures per FTE Student table in this 
notice. If the institution's average E&G expenditures for the 2005-2006 
base year are less than the average for its category of comparable 
institutions, the institution meets this eligibility requirement.
    An institution's average E&G expenditures are the total amount it 
expended during the base year for instruction, research, public 
service, academic support, student services, institutional support 
including library expenditures, operation and maintenance, scholarships 
and fellowships, and mandatory transfers.
    The following table identifies the relevant median Federal Pell 
Grant percentages for the base year 2005-2006 and the relevant average 
E&G expenditures per FTE student for the base year 2005-2006 for the 
four categories of comparable institutions:

[[Page 12722]]



------------------------------------------------------------------------
                                                             2005-2006
                                             2005-2006      Average E&G
           Type of institution              median Pell    expenditures
                                               Grant          per FTE
                                            percentage        student
------------------------------------------------------------------------
2-year Public Institutions..............            25.1          $9,956
2-year Non-profit Private Institutions..            36.7          21,733
4-year Public Institutions..............            24.6          24,690
4-year Non-profit Private Institutions..            25.0          38,811
------------------------------------------------------------------------

    Waiver Information: IHEs that are unable to meet the needy student 
enrollment requirement or the average E&G expenditures requirement may 
apply to the Secretary for waivers of these requirements, as described 
in 34 CFR 606.3(b), 606.4(c) and (d), 607.3(b), and 607.4(c) and (d). 
Institutions requesting a waiver of the needy student enrollment 
requirement or the average E&G expenditures requirement must include in 
their application detailed information supporting the waiver request, 
as described in the instructions for completing the application.
    The regulations governing the Secretary's authority to waive the 
needy student requirement, 34 CFR 606.3(b)(2) and (3) and 607.3(b)(2) 
and (3), refer to ``low-income'' students or families. The regulations 
define ``low-income'' as an amount that does not exceed 150 percent of 
the amount equal to the poverty level, as established by the U.S. 
Bureau of the Census, 34 CFR 606.3(c) and 607.3(c).
    For the purposes of this waiver provision, the following table sets 
forth the low-income levels for the various sizes of families:

                                          2005 Annual Low-Income Levels
----------------------------------------------------------------------------------------------------------------
                                                              Family income
                                                               for the 48
                                                               contiguous       Family income     Family income
                    Size of family unit                      states, DC, and     for Alaska        for Hawaii
                                                                outlying
                                                              jurisdictions
----------------------------------------------------------------------------------------------------------------
1.........................................................           $14,355           $17,925           $16,515
2.........................................................            19,245            24,045            22,140
3.........................................................            24,135            30,165            27,765
4.........................................................            29,025            36,285            33,390
5.........................................................            33,915            42,405            39,015
6.........................................................            38,805            48,525            44,640
7.........................................................            43,695            54,645            50,265
8.........................................................            48,585            60,765            55,890
----------------------------------------------------------------------------------------------------------------


    Note: The 2005 annual low-income levels are being used because 
those are the amounts that apply to the family income reported by 
students enrolled for the Fall 2005 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $4,890 for the contiguous 48 States, the 
District of Columbia and outlying jurisdictions; $6,120 for Alaska; 
and $5,625 for Hawaii.

    The figures shown under family income represent amounts equal to 
150 percent of the family income levels established by the U.S. Bureau 
of the Census for determining poverty status. The poverty guidelines 
were published by the U.S. Department of Health and Human Services in 
the Federal Register on February 18, 2005 (70 FR 8373).
    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the 
Metropolitan Statistical Areas, 1999 publication, order number PB99-
501538, from the National Technical Information Service, Document 
Sales, 5285 Port Royal Road, Springfield, VA 22161, telephone number 1-
800-553-6847. There is a charge for this publication.
    Applications Available: March 10, 2008.
    Deadline for Transmittal of Applications: April 9, 2008 for an 
applicant institution that wishes to be designated as eligible to apply 
for a FY 2008 new grant under the Title III, Part A, Title V-HSI, 
CCRAA-AANAPISI or CCRAA-HSI programs; and April 30, 2008 for an 
applicant institution that wishes to apply only for cost-sharing 
waivers under the FSEOG, FWS, SSS, or UISFL programs.
    Electronic Submission of Applications:
    Applications for designation of eligibility must be submitted 
electronically using the following Web site: http://opeweb.ed.gov/title3and5.
    To enter the Web site, you must use your institution's unique 8-
digit identifier, i.e., your Office of Postsecondary Education 
Identification Number (OPE ID number). Your business office or student 
financial aid office should have the OPE ID Number. If they do not, 
contact the Department, using the e-mail addresses of the contact 
persons listed in this notice under For Applications and Further 
Information Contact.
    You will find detailed instructions for completing the application 
form electronically under the ``eligibility 2008'' link at either of 
the following Web sites: http://www.ed.gov/programs/iduestitle3a/index.html or http://www.ed.gov/hsi.
    If your institution is unable to meet the needy student enrollment 
requirement or the average E&G expenditure requirement and wishes to 
request a waiver of one or both of these requirements, you must 
complete your designation application form electronically and transmit 
your waiver request narrative document from the following Web site: 
http://opeweb.ed.gov/title3and5.
    Exception to Electronic Submission Requirement: You may qualify for 
an exception to the electronic submission requirement and may submit 
your application in paper format, if you are unable to submit an 
application electronically because--
     You do not have access to the Internet; or

[[Page 12723]]

     You do not have the capacity to upload documents to the 
Web site; and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Mrs. Darlene B. Collins, 
U.S. Department of Education, 1990 K Street, NW., Room 6020, 
Washington, DC 20006-8513. Fax: (202) 502-7861.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.

Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier), your application to the Department. You must mail 
the application, on or before the application deadline date, to the 
Department at the following address:
    By mail through the U.S. Postal Service or commercial carrier: Mrs. 
Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., 
Room 6020, Washington, DC 20006-8513.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

Submission of Paper Applications by Hand Delivery

    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the 
application, on or before the application deadline date, to the 
Department at the following address: Mrs. Darlene B. Collins, U.S. 
Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 
20006-8513.
    Hand delivered applications will be accepted daily between 8 a.m. 
and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and 
Federal holidays.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 
86, 97, 98, and 99. (b) The regulations for the Title III, Part A 
programs in 34 CFR part 607, and for the Title V-HSI program in 34 CFR 
part 606.

    Note: There are no program-specific regulations for the CCRAA-
HSI and CCRAA-AANAPISI programs. Accordingly, we encourage each 
potential applicant to read the CCRAA, the authorizing statute for 
these programs. A copy of the CCRAA is available at the following 
Web site http://www.ed.gov/about/offices/list/ope/idues/index.html.

    For Applications and Further Information Contact: Kelley Harris or 
Carnisia Proctor, Institutional Development and Undergraduate Education 
Service, U.S. Department of Education, 1990 K Street, NW., Room 6033, 
Request for Eligibility Designation, Washington, DC 20202-8513.
    You may contact these individuals at the following e-mail addresses 
or phone numbers:

[email protected], 202-219-7083.
[email protected], 202-502-7606.

    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, audio tape, or computer 
diskette) on request to the contact persons listed in this section.

Electronic Access to This Document

    You may view this document, as well as all other documents of this 
Department 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 1-888-293-6498; 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. 1057-1059d, 1101-1103g and Public 
Law 110-84.

    Dated: March 5, 2008.
Diane Auer Jones,
Assistant Secretary for Postsecondary Education.
 [FR Doc. E8-4765 Filed 3-7-08; 8:45 am]
BILLING CODE 4000-01-P