[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Notices]
[Pages 2161-2164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-00401]


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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:
    This notice applies to the following programs:
    1. 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).
    2. 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).
    3. Programs authorized under both Parts A and F in Title III of the 
HEA: Alaska Native and Native Hawaiian-Serving Institutions (ANNH).
    4. 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) 2014.

DATES: Application Available: January 13, 2014.
    Deadline for Transmittal of Applications: March 7, 2014.
    Special Note: There is now one deadline for applicants applying for 
designation as an eligible institution and the non-Federal cost share 
waiver.

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Programs:
    The Part A SIP, 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 discussed above, 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 submits an application and is designated as 
an eligible institution may also receive a waiver of certain non-
Federal cost-share requirements under the Federal Supplemental 
Educational Opportunity Grants (FSEOG) program authorized by Part A, 
Title IV of the HEA; the Federal Work Study Program (FWS) program 
authorized by section 443 of Part C, Title IV of the HEA; the TRIO 
Student Support Services (SSS) program authorized by section 402D of 
Part A, Title IV of the HEA; and the Undergraduate International 
Studies and Foreign Language (UISFL) program authorized by section 604 
of Part A, Title VI of the HEA. Qualified institutions may receive 
these waivers even if they do not receive a grant under the Title III 
or Title V Programs.

    Special Note:  To qualify as an eligible institution under the 
grant programs listed in this notice, your institution must satisfy 
several criteria. For most of these programs, these criteria include 
those 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 2011-2012. In order to award FY 2014 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 2011-2012.

    If you are designated as an eligible institution and you do not 
receive a new award under one of the Title III or Title V Programs 
subject to this application process in FY 2014, 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 2019, unless you wish to apply for a new 
Title III or Title V grant. All institutions interested in applying for 
a new grant under the Title III or Title V programs addressed in this 
notice or in requesting a waiver of the non-Federal cost share, must 
apply for eligibility designation in FY 2014. Under the HEA, any IHE 
interested in applying for a grant under any of these programs must 
first be designated as an eligible institution. (34 CFR 606.5 and 
607.5).
    Eligible Applicants:
    The eligibility requirements for the programs authorized under Part 
A of Title III of the HEA are in Sections 312 and 317-320 of the HEA 
[20 U.S.C. 1058, 1059d-1059g] and in the Department's implementing 
regulatons at 34 CFR 607.2 through 607.5. The regulations may be 
accessed at: www.gpo.gov/fdsys/pkg/CFR-2001-title34-vol3/xml/CFR-2001-title34-vol3-part607.xml.
    The eligibility requirements for the programs authorized by Part F 
of Title III of the HEA are identified in Section

[[Page 2162]]

371 of the HEA [20 U.S.C. 1067q] . 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 in 34 CFR 606.2 through 34 CFR 606.5. 
The regulations may be accessed at: www.gpo.gov/fdsys/pkg/CFR-2001-title34-vol3/xml/CFR-2001-title34-vol3-part606.xml.
    The requirements for the PPOHA Program are in Part B of Title V of 
the HEA and in the notice of final requirements published in the 
Federal Register on July 27, 2010 (75 FR 44055) (PPOHA notice), and 
those in 34 CFR 606.2(a) and (b), and 606.3 through 606.5.
    Enrollment of Needy Students: For the Part A SIP; 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: The 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 2011-2012 must be more than the 
median for its category of comparable institutions provided in the 
2011-2012 Median Pell Grant and Average E&G Expenditures per full-time 
equivalent (FTE) Student Table in this notice.
    For the definition of ``Enrollment of Needy Students'' for purposes 
of the Part A PBI Program, see section 318(b)(2) of the HEA and for 
purposes of the Part F PBI program see section 371(c)(9)of the HEA.
    Educational and General Expenditures PER FTE Student: Under the 
Part A SIP; 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 2011-2012 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 2011-2012 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 2011-2012 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 2011-2012 and the relevant average 
E&G expenditures per FTE student for the base year 2011-2012 for the 
four categories of comparable institutions:

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                                                                                           Base year 2011-2012
                                                                  Base year 2011-2012          average E&G
                      Type of institution                          median Pell Grant       Expenditures per FTE
                                                                       percentage                student
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Two-year Public Institutions..................................                     37.6                   11,606
Two-year Non-profit Private Institutions......................                     44.1                   23,454
Four-year Public Institutions.................................                     35.4                   30,082
Four-year Non-profit Private Institutions.....................                     35.5                   48,532
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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, and implementing regulations at 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:

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                                                                  Family income for the 48
                      Size of family unit                        contiguous States, DC, and     Family income for Alaska      Family income for Hawaii
                                                                   outlying jurisdictions
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1.............................................................                       $16,335                       $20,400                       $18,810
2.............................................................                        22,065                        27,570                        25,395
3.............................................................                        27,795                        34,740                        31,980
4.............................................................                        33,525                        41,910                        38,565
5.............................................................                        39,255                        49,080                        45,150
6.............................................................                        44,985                        56,250                        51,735
7.............................................................                        50,715                        63,420                        58,320
8.............................................................                        56,445                        70,590                        64,905
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[[Page 2163]]

    Note:  The 2011 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 2011 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $5,730 for the contiguous 48 States, the 
District of Columbia, and outlying jurisdictions; $7,170 for Alaska; 
and $6,585 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 20, 2011 (76 FR 3637).
    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained at: 
www.census.gov/prod/2010pubs/10smadb/appendixc.pdf and www.census.gov/prod/2008pubs/07ccdb/appd.pdf.
    Electronic Submission of Applications:
    Applications for designation of eligibility must be submitted 
electronically at: 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: www.ed.gov/about/offices/list/ope/idues/eligibility.html.
    If your institution is unable to meet the needy student enrollment 
requirement or the average E&G expenditures requirement, you may 
request a waiver of one or both of these requirements. To request a 
waiver, you must upload a waiver narrative at: 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.
    Mail or fax your statement to: Nancy Regan, U.S. Department of 
Education, 1990 K Street NW., Room 6032, 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 original and two copies of your application, on or before the 
application deadline date, to the Department at the following address: 
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: 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 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 Department debarment and 
suspension 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

[[Page 2164]]

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: January 8, 2014.
Lynn B. Mahaffie,
Acting Deputy Assistant Secretary for Policy, Planning, and Innovation.
[FR Doc. 2014-00401 Filed 1-10-14; 8:45 am]
BILLING CODE 4000-01-P