[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67805-67808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27673]


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DEPARTMENT OF EDUCATION


Applications for Eligibility Designation; Programs Under Parts A 
and F of Title III of the Higher Education Act of 1965, as Amended 
(HEA), and Programs Under Title V of the HEA

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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    Overview Information: Programs authorized under Part A, Title III 
of the HEA: Strengthening Institutions Program (Part A SIP), 
Predominantly Black Institutions (Part A PBI), Native American-Serving 
Nontribal Institutions (Part A NASNTI), and Asian American and Native 
American Pacific Islander-Serving Institutions (Part A AANAPISI).
    Programs authorized under Part F, Title III of the HEA: Hispanic-
Serving Institutions STEM and Articulation (Part F, Title III HSI STEM 
and Articulation), Predominantly Black Institutions (Part F PBI), and 
Asian American and Native American Pacific Islander-Serving 
Institutions (Part F AANAPISI).
    Programs authorized under both Parts A and F in Title III of the 
HEA: American Indian Tribally Controlled Colleges and Universities 
(TCCU) (note that in Part F, the program is referred to as ``Tribal 
Colleges or Universities''); Alaska Native and Native Hawaiian-Serving 
Institutions (ANNH).
    Programs authorized under Title V of the HEA: Developing Hispanic-
Serving Institutions (Title V HSI) and Promoting Postbaccalaureate 
Opportunities for Hispanic Americans (PPOHA).
    Notice inviting applications for designation as an eligible 
institution for Fiscal Year (FY) 2013.

DATES: 
    Application Available: November 14, 2012.
    Deadline for Transmittal of Applications: January 30, 2013, for an 
institution that wishes to be designated as eligible to apply for a FY 
2013 new grant under the Title III or Title V programs. March 4, 2013, 
for an institution that wishes to apply only for cost-sharing waivers 
under the Federal Supplemental Educational Opportunity Grant (FSEOG), 
the Federal Work Study (FWS), the Student Support Services (SSS), or 
the Undergraduate International Studies and Foreign Language (UISFL) 
programs.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Programs: The Part A SIP, TCCU, ANNH, Part A PBI, Part A 
NASNTI, and Part A AANAPISI programs are authorized under Title III, 
Part A, of the HEA. Part F, Title III HSI STEM and Articulation, Part F 
PBI, and Part F AANAPISI programs are authorized under Title III, Part 
F of the HEA. The Title V HSI and PPOHA programs are authorized under 
Title V of the HEA. Please note that certain programs in this notice 
have the same or a similar name as another program that falls under a 
different statutory authority. For this reason, we specify the 
statutory authority as part of the acronym for certain programs.
    Under the programs for which we are inviting applications for an 
eligibility designation, institutions of higher education (``IHEs'' or 
``institutions'') are eligible to apply for grants if they meet 
specific statutory and regulatory eligibility requirements. An IHE that 
is designated as an eligible institution may receive a waiver of 
certain non-Federal cost-share requirements under the FSEOG program in 
Part A, Title IV of the HEA; the FWS program in section 443 of Part C, 
Title IV of the HEA; the SSS program in section 402D of Part A, Title 
IV of the HEA; and the UISFL program in section 604 of Part A, 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 
Parts A and F of Title III, HEA programs and Title V, HEA programs 
listed in this notice, your institution must satisfy several 
criteria. For most of these programs, this includes criteria that 
relate to needy student enrollment and 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 2010-
2011. In order to award FY 2013 grants in a timely manner, we will 
use these data to evaluate eligibility. Therefore, in completing 
your eligibility application, please use E&G expenditure data from 
the base year 2010-2011.

    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 2013, 
your eligibility for the non-Federal cost-share waiver under the FSEOG, 
FWS, SSS, and UISFL programs is valid for five consecutive years. You 
will not need to reapply for eligibility until 2018, unless you wish to 
apply for a new Title III or Title V grant. All institutions interested 
in applying for a new FY 2013 Title III or Title V grant or requesting 
a waiver of the non-Federal cost share, must apply for eligibility 
designation in FY 2013. Under the HEA, any IHE interested in applying 
for a grant under any of these programs must first be designated as an

[[Page 67806]]

eligible institution. (34 CFR 606.5 and 607.5).
    Eligible Applicants: The eligibility requirements for the Part A of 
Title III, HEA programs are in the statute and 34 CFR 607.2 through 
607.5. The regulations may be accessed at the following Web site: 
www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.

    The eligibility requirements for the Part F of Title III, HEA 
programs are in the statute. We are in the process of developing 
regulations for these programs; there are currently no specific program 
regulations.
    The eligibility requirements for the Title V HSI Program are in 
Part A of Title V of the HEA and 34 CFR 606.2 through 34 CFR 606.5. The 
regulations may be accessed at the following Web site: 
www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
    The requirements for the PPOHA Program are in Part B of Title V of 
the HEA and the notice of final requirements published in the Federal 
Register on July 27, 2010 (75 FR 44055) (PPOHA notice). Among the 
requirements established for the PPOHA Program in the PPOHA notice are 
the use of the regulations in 34 CFR 606.2(a) and (b), and 606.3 
through 606.5.
    Enrollment of Needy Students: For Part A SIP; TCCU; ANNH; Part A 
NASNTI; Part A AANAPISI; Title III, Part F HSI STEM and Articulation; 
Part F AANAPISI; Title V HSI; and PPOHA programs, 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 2010-2011 must be more than the 
median for its category of comparable institutions provided in the 
2010-2011 Median Pell Grant and Average E&G Expenditures per full-time 
equivalent (FTE) Student Table in this notice.
    For the Part A PBI Program, see section 318(b)(2) of the HEA and 
for the Part F PBI program see section 371(c)(9) for the definition of 
``Enrollment of Needy Students.''
    Educational and General Expenditures per FTE Student: Under the 
Part A SIP; TCCU; ANNH; Part A PBI; Part A NASNTI; Part A AANAPISI; 
Title III, Part F HSI STEM and Articulation; Part F PBI; Part F 
AANAPISI; Title V HSI; and PPOHA programs, an institution should 
compare its base year 2010-2011 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 base year 2010-2011 Median 
Pell Grant and Average E&G Expenditures per FTE Student Table in this 
notice. The institution meets this eligibility requirement under these 
programs if its average E&G expenditures for the 2010-2011 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 including library expenditures, student 
services, institutional support, operation and maintenance, 
scholarships and fellowships, and mandatory transfers that the 
institution is required to pay by law.
    The following table identifies the relevant median Federal Pell 
Grant percentages for the base year 2010-2011 and the relevant average 
E&G expenditures per FTE student for the base year 2010-2011 for the 
four categories of comparable institutions:

------------------------------------------------------------------------
                                     Base Year 2010-    Base year 2010-
                                     2011 median Pell   2011 average E&G
        Type of institution          Grant percentage   expenditures per
                                                          FTE student
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Two-year Public Institutions......               36.1            $11,111
Two-year Non-profit Private                      44.4             24,891
 Institutions.....................
Four-year Public Institutions.....               34.0             29,420
Four-year Non-profit Private                     34.5             46,843
 Institutions.....................
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    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 sections 392 and 522 of the HEA, 34 CFR 606.3(b), 606.4(c) and (d), 
607.3(b), and 607.4(c) and (d).
    IHEs 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. Census Bureau.
    For the purposes of this waiver provision, the following table sets 
forth the low-income levels for the various sizes of families:

                                          2010 ANNUAL LOW-INCOME LEVELS
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                                                         Family income for
                                                         the 48 contiguous
                  Size of family unit                     states, DC, and   Family income for  Family income for
                                                              outlying            Alaska             Hawaii
                                                           jurisdictions
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1......................................................            $16,755            $20,955            $19,290
2......................................................             22,695             28,380             26,115

[[Page 67807]]

 
3......................................................             28,635             35,805             32,940
4......................................................             34,575             43,230             39,765
5......................................................             40,515             50,655             46,590
6......................................................             46,455             58,080             53,415
7......................................................             52,395             65,505             60,240
8......................................................             58,335             72,930             67,065
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    Note: The 2010 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 2010 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: 5,940 for the contiguous 48 States, the 
District of Columbia, and outlying jurisdictions; 7,425 for Alaska; 
and 6,825 for Hawaii.

    The figures shown under family income represent amounts equal to 
150 percent of the family income levels established by the U.S. Census 
Bureau 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 26, 2012 (77 FR 4034).
    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained at www.ntis.gov/products/sma06.aspx.
    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 not, contact the Department using the 
email 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'' link at either of the following Web sites:

www.ed.gov/programs/iduestitle3a/index.html; or
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 the Electronic Submission Requirement: You 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 
prevents 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: Dr. Nancy Regan, U.S. 
Department of Education, 1990 K Street NW., room 6032, Washington, DC 
20006-8513. Fax: (202) 219-7018.
    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 original and two 
copies of your application, on or before the application deadline date, 
to the Department at the following address:

Dr. Nancy Regan, U.S. Department of Education, 1990 K Street NW., Room 
6032, 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.
    (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.
    (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:

Dr. Nancy Regan, U.S. Department of Education, 1990 K Street NW., Room 
6032, Washington, DC 20006-8513.

Hand delivered applications will be accepted daily between 8:00 a.m. 
and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and 
Federal holidays.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 82, 
84, 86, 97, 98, and 99. (b) The Education

[[Page 67808]]

Department suspension and debarment regulations in 2 CFR part 3485. (c) 
The regulations for the Title III Programs in 34 CFR part 607, and for 
the HSI Program in 34 CFR part 606. (d) The notice of final 
requirements for the PPOHA Program, published in the Federal Register 
on July 27, 2010 (75 FR 44055).

    Note: There are no program-specific regulations for the Part A 
AANAPISI, Part A NASNTI, and Part A PBI programs or any of the Part 
F, Title III programs. Also, there have been amendments to the HEA 
since we last issued regulations for the programs established under 
Titles III and V of the statute.

    Accordingly, we encourage each potential applicant to read the 
applicable sections of the HEA in order to fully understand the 
eligibility requirements for the program for which they are applying. 
Please note we are in the process of amending the Title III and Title V 
regulations. These updated regulations will include regulations for 
Part A AANAPISI, Part A NASNTI, and Part A PBI programs, as well as the 
Part F, Title III programs.

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.

    For Applications and Further Information Contact: Carnisia Proctor, 
Robyn Wood, or Jeffrey Hartman, Institutional Service, U.S. Department 
of Education, 1990 K Street NW., room 6134, Request for Eligibility 
Designation, Washington, DC 20006-8513.
    You can contact these individuals at the following email addresses 
or phone numbers:

[email protected], 202-502-7606.
[email protected], 202-502-7434.
[email protected], 202-502-7607.

    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audio tape, or compact 
disc) on request to one of the contact persons listed in this section.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site 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). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: November 7, 2012.
David A. Bergeron,
Acting Assistant Secretary for Postsecondary Education.
[FR Doc. 2012-27673 Filed 11-13-12; 8:45 am]
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