[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Notices]
[Pages 64059-64062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28996]


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DEPARTMENT OF EDUCATION

[CFDA NO. 84.031H]


Office of Postsecondary Education; Strengthening Institutions 
Program (SIP), American Indian Tribally Controlled Colleges and 
Universities (TCCU), Alaska Native and Native Hawaiian-Serving 
Institutions (ANNH), Asian American and Native American Pacific 
Islander-Serving Institutions (AANAPISI), Native American Serving 
Nontribal Institutions (NASNTI), Developing Hispanic-Serving 
Institutions (HSI), Promoting Postbaccalaureate Opportunities for 
Hispanic Americans (PPOHA), and Predominantly Black Institutions (PBI) 
Programs for Fiscal Year (FY) 2010

    Purpose of Programs: The SIP, TCCU, ANNH, AANAPISI, NASNTI and PBI 
Programs are authorized under Title III, Part A, of the Higher 
Education Act of 1965, as amended (HEA). Under these programs, 
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 Title V of the HEA if they meet specific statutory and 
regulatory requirements. The HSI and PPOHA Programs are authorized 
under Title V, Parts A and B of the HEA. In addition, under Title III 
of the HEA, institutions applying for grants under the AANAPISI and 
NASNTI Programs must be eligible institutions as defined in section 
312(b) of the HEA. Institutions applying for grants under the PBI 
Program must be eligible institutions as defined in section 318(b)(1).
    An IHE that is designated as an eligible institution may also 
receive a

[[Page 64060]]

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 or Title V Programs.

    Special Note: To qualify as an eligible institution under the 
Title III or Title V 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 
specified base year. The most recent data available for E&G 
expenditures are for base year 2007-2008. In order to award FY 2010 
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 2007-2008. In completing your eligibility application, 
please use E&G expenditure data from the base year 2007-2008.

    If you are designated as an eligible institution and you do not 
receive a new award under the Title III or Title V Programs in FY 2010, 
your eligibility for the non-Federal cost-share waiver under the FSEOG, 
the FWS, the SSS, and the UISFL Programs is valid for five consecutive 
years. You will not need to reapply for eligibility until 2015, unless 
you wish to apply for a new Title III or Title V grant. All 
institutions interested in applying for a new FY 2010 Title III or 
Title V grant or requesting a waiver of the non-Federal cost share, 
must apply for eligibility designation in FY 2010. Under the HEA, any 
institution interested in applying for a grant under any of these 
programs must first be designated as an eligible institution.
    Eligible Applicants: To qualify as an eligible institution under 
the Title III or Title V 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 eligibility requirements for the Title III Programs are found 
in 34 CFR 607.2 through 607.5. The regulations may be accessed at the 
following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
    The eligibility requirements for the Title V, HSI Program are found 
in 34 CFR 606.2 through 34 CFR 606.5. The 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, or the 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 offer similar instruction.
    To qualify under this latter criterion, an institution's Federal 
Pell Grant percentage for base year 2007-2008 must be more than the 
median for its category of comparable institutions provided in the 
2007-2008 Median Pell Grant and Average E&G Expenditures per FTE 
Student Table in this notice.
    For the PBI Program, see section 318(b)(2) of the HEA for the 
definition of ``Enrollment of Needy Students.'' Educational and General 
Expenditures Per FTE Student: An institution should compare its 2007-
2008 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 2007-2008 Median Pell Grant and Average E&G 
Expenditures per FTE Student Table in this notice. The institution 
meets this eligibility requirement if its average E&G expenditures for 
the 2007-2008 base year are less than the average for its category of 
comparable institutions.
    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 2007-2008 and the relevant average 
E&G expenditures per FTE student for the base year 2007-2008 for the 
four categories of comparable institutions:

------------------------------------------------------------------------
                                     2007-2008 Median  2007-2008 Average
        Type of institution             Pell Grant      E&G expenditures
                                        percentage      per FTE student
------------------------------------------------------------------------
2-year Public Institutions........               24.4            $11,023
2-year Non-profit Private                        35.7             23,870
 Institutions.....................
4-year Public Institutions........               24.7             26,849
4-year Non-profit Private                        25.4             43,037
 Institutions.....................
------------------------------------------------------------------------

    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 
at 34 CFR 606.3(c) and 607.3(c) 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.
    For the purposes of this waiver provision, the following table sets 
forth the low-income levels for the various sizes of families:

[[Page 64061]]



                                       2007 Annual Low[dash]Income Levels
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                                                         Family income for
                                                         the 48 contiguous
                  Size of family unit                    states, D.C., and  Family income for  Family income for
                                                              outlying            Alaska             Hawaii
                                                           jurisdictions
----------------------------------------------------------------------------------------------------------------
1......................................................            $15,315            $19,155            $17,625
2......................................................             20,535             25,680             23,625
3......................................................             25,755             32,205             29,625
4......................................................             30,975             38,730             35,625
5......................................................             36,195             45,255             41,625
6......................................................             41,415             51,780             47,625
7......................................................             46,635             58,305             53,625
8......................................................             51,855             64,830             59,625
----------------------------------------------------------------------------------------------------------------


    Note:  The 2007 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 2007 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $5,220 for the contiguous 48 States, the 
District of Columbia and outlying jurisdictions; $6,525 for Alaska; 
and $6,000 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 January 24, 2007 (72 FR 3147-3148).
    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, 5301 Shawnee Road, Alexandria, VA 22312, telephone number: 1-
800-553-6847. There is a charge for this publication.
    Applications Available: December 7, 2009.
    Deadline for Transmittal Of Applications: January 6, 2010 for an 
applicant institution that wishes to be designated as eligible to apply 
for a FY 2010 new grant under the Title III or Title V Programs and 
February 22, 2010 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: https://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 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 2010'' 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: 
https://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
     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: 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:
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.


[[Page 64062]]


    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:
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 8:00 
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 Programs in 
34 CFR part 607, and for the HSI Program in 34 CFR part 606.

    Note: There are no program-specific regulations for the 
AANAPISI, NASNTI, PBI, and the PPHOA Programs. Accordingly, we 
encourage each potential applicant to read the HEA, the authorizing 
statute for these programs.

    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 20006-8513.
    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 
accessible 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 can 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.

    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 
amendments to Titles III and V of the HEA by Pub. L. 110-315, (20 
U.S.C. 1059e (PBI), 20 U.S.C. 1069f (NASNTI), and 20 U.S.C. 1059g 
(AANAPISI).

    Delegation of Authority: The Secretary of Education has delegated 
authority to Daniel T. Madzelan, Director, Forecasting and Policy 
Analysis for the Office of Postsecondary Education, to perform the 
functions and duties of the Assistant Secretary for Postsecondary 
Education.

    Dated: December 1, 2009.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
[FR Doc. E9-28996 Filed 12-4-09; 8:45 am]
BILLING CODE 4000-01-P