Innovation for Teacher Quality, 2582-2586 [05-861]
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Federal Register / Vol. 70, No. 10 / Friday, January 14, 2005 / Proposed Rules
internal uses only. The Commission
does not currently have sufficient
information to determine the number of
small entities that may be affected. The
Commission invites comment and
information on this issue.
D. Projected Reporting, Recordkeeping,
and Other Compliance Requirements
The Rule does not directly impose
any ‘‘reporting’’ or ‘‘recordkeeping’’
requirements within the meaning of the
Paperwork Reduction Act, but does
require that operators make certain
third-party disclosures to the public,
i.e., provide parents with notice of their
privacy policies. The proposed
amendment to make permanent the
sliding scale mechanism for obtaining
parental consent would not impose any
additional reporting, recordkeeping, or
other compliance requirements. In
addition, the amendment would not
affect the costs of complying with the
Rule because it is merely extending a
sliding scale mechanism that is already
in place and that enables qualified
website operators to obtain parental
consent through lower-cost email-based
means.
E. Duplicative, Overlapping, or
Conflicting Federal Rules
The Commission has not identified
any other federal statutes, rules, or
policies that duplicate, overlap, or
conflict with the proposed amendment
to the Rule. The Commission invites
comment and information on this issue.
F. Significant Alternatives to the
Proposed Amendment to the Rule
Under the proposed amendment to
the Rule, subject operators will continue
to be able to choose email-based
methods of obtaining parental consent
instead of having to rely solely on the
more costly methods. Therefore, the
proposed amendment actually permits
greater flexibility for small entities than
would allowing the sliding scale to
expire in April 2005. A delayed
effective date was not considered here,
because the regulatory uncertainty
resulting from such a delay would not
benefit small entities.
The Commission invites comment
and information on the economic
impact of the proposed amendment on
small entities, including significant
alternatives, if any, to the proposed
amendment that would result in greater
flexibility for small businesses, while
meeting the objectives and requirements
of COPPA and the Rule. After
considering such comments, if any, the
Commission will determine whether
preparation of a final regulatory
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flexibility analysis (pursuant to 5 U.S.C.
605) is required.
List of Subjects in 16 CFR Part 312
Children, Communications, Consumer
protection, Electronic mail, E-mail,
Internet, Online service, Privacy, Record
retention, Safety, Science and
technology, Trade practices, Website,
Youth.
Accordingly, for the reasons stated in
the preamble, the Federal Trade
Commission proposes to amend 16 CFR
Part 312 as follows:
PART 312—CHILDREN’S ONLINE
PRIVACY PROTECTION RULE
1. The authority citation for Part 312
continues to read as follows:
Authority: 15 U.S.C. 6501 et seq.
2. Amend § 312.5 by revising the
second sentence of paragraph (b)(2) to
read as follows:
§ 312.5
Parental consent.
*
*
*
*
*
(b) * * *
(2) * * * Provided that: Methods to
obtain verifiable parental consent for
uses of information other than the
‘‘disclosures’’ defined by § 312.2 may
also include use of e-mail coupled with
additional steps to provide assurances
that the person providing the consent is
the parent. * * *
*
*
*
*
*
By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 05–877 Filed 1–13–05; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF EDUCATION
34 CFR Part 230
RIN 1855–AA04
Innovation for Teacher Quality
Office of Innovation and
Improvement, Department of Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Secretary proposes
regulations prescribing criteria to be
used in selecting eligible members of
the Armed Forces to participate in the
Troops-to-Teachers program and receive
financial assistance. These proposed
regulations would implement section
2303(c) of the Elementary and
Secondary Education Act of 1965 (the
Act), as amended by the No Child Left
Behind Act of 2001 (NCLB). The
proposed regulations also would define
the terms ‘‘high-need local educational
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agency’’ and ‘‘public charter school’’ in
which a participant must agree to be
employed under section 2304(a)(1)(B) of
the Act, as amended by the NCLB.
DATES: We must receive your comments
on or before February 14, 2005.
ADDRESSES: Address all comments about
these proposed regulations to Thelma
Leenhouts, U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 4W302, FOB6, Washington, DC
20202–6140. If you prefer to send your
comments through the Internet, you
may address them to us at the U.S.
Government Web site: https://
www.regulations.gov.
Or you may send your Internet
comments to us at the following
address: comments@ed.gov.
You must include the term ‘‘Troops
program’’ in the subject line of your
electronic message.
FOR FURTHER INFORMATION CONTACT:
Thelma Leenhouts. Telephone: (202)
260–0223 or via Internet:
thelma.leenhouts@ed.gov.
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,
audiotape, or computer diskette) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments
regarding these proposed regulations.
To ensure that your comments have
maximum effect in developing the final
regulations, we urge you to identify
clearly the specific section or sections of
the proposed regulations that each of
your comments addresses and to arrange
your comments in the same order as the
proposed regulations.
We invite you to assist us in
complying with the specific
requirements of Executive Order 12866
and its overall requirement of reducing
regulatory burden that might result from
these proposed regulations. Please let us
know of any further opportunities we
should take to reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
During and after the comment period,
you may inspect all public comments
about these proposed regulations in
room 4W306, 400 Maryland Avenue,
SW., Washington, DC, between the
hours of 8:30 a.m. and 4 p.m., Eastern
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time, Monday through Friday of each
week except Federal holidays.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an
appropriate aid, such as a reader or
print magnifier, to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for these proposed regulations. If
you want to schedule an appointment
for this type of aid, please contact the
person listed under FOR FURTHER
INFORMATION CONTACT.
Background
These proposed regulations would
implement section 2303(c) of Title II,
Part C, Subpart 1, Chapter A of the Act,
as amended by the NCLB (Pub. L. 107–
110), enacted January 8, 2002. Subpart
1, Transitions to Teaching, of Chapter A
authorizes the Troops-to-Teachers
program. Under this program, the
Secretary of Education transfers funds to
the Department of Defense for the
Defense Activity for Non-Traditional
Education Support (DANTES) to
provide assistance, including stipends
of up to $5,000, to eligible members of
the Armed Forces so that they can
obtain certification or licensing as
elementary school teachers, secondary
school teachers, or vocational/technical
teachers and become highly qualified
teachers by demonstrating competency
in each of the subjects they teach. In
addition, the program helps these
participants find employment in highneed local educational agencies (LEAs)
or public charter schools, and
participants agree to teach in these LEAs
or public charter schools for at least
three years.
Section 2303(d) of the Act, as
amended by the NCLB, requires the
Secretary, in selecting eligible service
members, to give priority to members
with educational or military experience
in science, mathematics, special
education, or vocational and technical
education who agree to seek
employment teaching those subjects. In
addition, section 2303(c)(1) directs the
Secretary to prescribe criteria to be used
to select eligible members of the Armed
Forces to participate in the program.
These proposed regulations would
implement the statutory directive in
section 2303(c)(1) and provide a binding
interpretation to resolve an ambiguity in
the statute regarding the definition of a
high-need LEA and public charter
school.
These proposed regulations were
developed in consultation with
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DANTES, which administers the Troopto-Teachers program under a
memorandum of agreement with the
Department of Education.
Significant Proposed Regulations
We discuss substantive issues under
the sections of the proposed regulations
to which they pertain.
Section 230.1 What Is the Troops-toTeachers Program?
Statute: The Act, as amended by the
NCLB, provides for the Secretary of
Education to transfer funds to DANTES
to provide assistance, including
stipends of up to $5,000, to an eligible
member of the Armed Forces so that he
or she can obtain certification or
licensing as an elementary school
teacher, secondary school teacher, or
vocational/technical teacher and
become a highly qualified teacher by
demonstrating competency in each of
the subjects he or she teaches. In
addition, the statute provides for the
Secretary to assist eligible members of
the Armed Forces in finding
employment in a high-need LEA or
public charter school. It further provides
that DANTES may pay bonuses in lieu
of stipends to participants who agree to
teach in high-poverty schools.
Proposed Regulations: Section 230.1
provides a general description of the
Troops-to-Teachers program.
Reasons: The proposed regulation
provides context for the proposed
regulations that follow it.
Section 230.2 What Definitions Apply
to the Troops-to-Teacher Program?
Statute: Section 2303(c)(1) of the Act,
as amended by the NCLB, directs the
Secretary to prescribe criteria for the
selection of eligible members of the
Armed Forces to participate in the
Troops-to-Teachers program and receive
financial assistance to become certified
teachers. Section 2304(a)(1)(B) of the
Act, as amended by the NCLB, requires
program participants to enter into a
participation agreement with the
Secretary in which they agree, among
other things, to accept an offer of fulltime employment as an elementary
school teacher, secondary school
teacher, or vocational/technical teacher
for not less than three school years with
a high-need LEA or public charter
school as such terms are defined in
section 2101 of the Act. However, the
statute’s reference to section 2101 is
clearly erroneous since the latter section
describes the purpose of Title II, Part A
and does not contain any definitions.
Under these circumstances, there is
ambiguity in the statute, which the
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Secretary is proposing to resolve
through this rulemaking proceeding.
Proposed Regulations: Section 230.2
of the proposed regulations would
define the term ‘‘high-need local
educational agency’’ as used in section
2304(a)(1)(B) to mean an LEA: (1) That
serves not fewer than 10,000 children
from families with incomes below the
poverty line; or (2) for which not less
than 20 percent of the children served
by the agency are from families below
the poverty line; or (3) for which not
less than 15 nor more than 19 percent
of the children served by the agency are
from families below the poverty line
and that assigns all teachers receiving
financial assistance through the Troopsto-Teachers program to high-need
schools, as defined in section 2304(d)(3)
of the Act, as amended by the NCLB.
The proposed regulation would also
define ‘‘public charter school’’ to mean
a charter school as defined in section
5210(1) of the Act, as amended by the
NCLB.
Reasons: The proposed regulation
would cure the absence of a definition
for two terms, ‘‘high-need local
educational agency’’ and ‘‘public charter
school’’, caused by the faulty reference
to section 2101 of the Act, which
contains no definitions.
The Act contains a definition of highneed LEA, but it is limited in
application to certain provisions of Title
II, specifically part A governing the
Teacher and Principal Training and
Recruitment Fund; part A, subpart C
governing National Activities; and part
C, subpart I, chapter B governing the
Transition to Teaching Program.
Specifically, section 2102(3) of the Act
defines high-need LEA to mean: Those
serving no fewer than 10,000 children
from families with incomes below the
poverty line, or those for which not less
than 20 percent of the children served
by the agency are from families with
incomes below the poverty line; and for
which there is a high percentage of (1)
teachers not teaching in the academic
subjects or grade levels that they were
trained to teach, or (2) teachers with
emergency, provisional, or temporary
certification or licensing. The Secretary
considers this definition to be
unsuitable for the Troops-to-Teachers
program because prior experience with
job placements under the Troops-toTeachers program indicates that it is too
restrictive to permit the recruitment of
eligible members of the Armed Forces to
the program at an optimal level. Use of
this definition results in a universe of
agencies that is insufficiently broad to
permit participants some reasonable
degree of choice in employment
opportunities that will satisfy their
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three-year teaching commitments.
Accordingly, to resolve the ambiguity in
the statute, the Secretary is proposing to
define ‘‘high-need local educational
agency’’, as used in section
2304(a)(1)(B), to mean an LEA: (1) That
serves not fewer than 10,000 children
from families with incomes below the
poverty line; or (2) for which not less
than 20 percent of the children served
by the agency are from families with
incomes below the poverty line; or (3)
for which not less than 15 nor more
than 19 percent of the children served
by the agency are from families with
incomes below the poverty line and that
assigns all teachers funded by the
Troops-to-Teachers program to highneed schools, as defined in section
2304(d)(3) of the Act.
This definition is intended to balance
the need to provide program
participants with reasonable
opportunities to satisfy their teaching
commitments under the program and
the need to target recruitment assistance
to LEAs with the greatest need for that
assistance.
The definition of charter schools
pertaining to Charter School Programs
in section 5210(1) of the Act is
appropriate for purposes of the Troopsto-Teachers program; consequently, the
proposed regulation would incorporate
that definition for the term ‘‘public
charter school.’’
Section 230.3 What Criteria Does the
Secretary Use To Select Eligible
Participants in the Troops-to-Teacher
Program?
Statute: Section 2303(c)(1) of the Act
directs the Secretary to prescribe criteria
for the selection of eligible members of
the Armed Forces (service members) to
participate in the Troops-to-Teachers
program.
Proposed Regulations: Section 230.3
would establish the order of priority for
selection and funding of eligible service
members who enter into a participation
agreement, as provided by section 2304
of the Act, to teach in a high-need LEA
or a public charter school for at least
three years. The Secretary would give
first priority to all eligible individuals
not presently in the teaching profession.
Within that category of candidates,
candidates would be selected in the
following order of preference: (1)
Individuals who will both obtain
certification to teach science,
mathematics, or special education and
teach in high-need schools (as defined
in section 2304(d)(3) of the Act); (2)
individuals who will obtain certification
to teach other subjects and will teach in
high-need schools; (3) individuals who
will obtain certification to teach science,
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mathematics, or special education or
obtain certification to teach at the
elementary level without committing to
teach in a high-need school; and (4)
individuals who will obtain certification
in a subject other than science,
mathematics and special education and
will teach at the secondary level
without committing to teach in a highneed school.
After all eligible first-priority
participants new to teaching are
selected, the Secretary would give
priority to all eligible service members
currently employed as teachers who
enter into a participation agreement as
provided by section 2304 of the Act.
These candidates would be selected in
the following order of preference: (1)
Individuals who will obtain certification
to teach science, mathematics, or special
education and teach in high-need
schools (as defined in section 2304(d)(3)
of the Act); (2) individuals who will
obtain certification to teach other
subjects and will teach in high-need
schools; (3) individuals who will obtain
certification to teach science,
mathematics, or special education,
instead of the subjects they currently
teach, but not in high-need schools; and
(4) individuals currently teaching and
seeking assistance to be deemed ‘‘highly
qualified’’ by their State within the
meaning of section 9101(23) of the Act.
Reasons: It is the intent of these
proposed criteria to give priority to
attracting new members to the teaching
profession from among eligible service
members. To the extent that additional
funds are available, in appropriate cases
the criteria also permit the use of
program funds as an inducement to
retain eligible service members as
existing teachers in the profession when
they undertake an additional service
commitment. Within each set of
proposed priorities, the intent is to give
priority to those willing both to teach in
critical shortage fields—science,
mathematics, or special education—and
to teach in a high-need school, followed
by those willing to teach other subjects
in a high-need school and then those
willing to teach in the critical shortage
fields or in elementary education. The
proposed priorities for those willing to
teach science, mathematics, and special
education encompass service members
with educational or military experience
in science, mathematics, special
education, or vocational/ technical
subjects who agree to seek employment
as science, mathematics, or special
education teachers as described in
section 2303(d) of the Act.
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Executive Order 12866
1. Potential Costs and Benefits
Under Executive Order 12866, we
have assessed the potential costs and
benefits of this regulatory action.
The potential costs associated with
the proposed regulations are those
resulting from statutory requirements
and those we have determined to be
necessary for administering this
program effectively and efficiently.
In assessing the potential costs and
benefits—both quantitative and
qualitative—of this regulatory action,
we have determined that the benefits
would justify the costs.
We have also determined that this
regulatory action would not unduly
interfere with State, local and tribal
governments in the exercise of their
governmental functions.
2. Clarity of the Regulations
Executive Order 12866 and the
Presidential memorandum on ‘‘Plain
Language in Government Writing’’
require each agency to write regulations
that are easy to understand.
The Secretary invites comments on
how to make these proposed regulations
easier to understand, including answers
to questions such as the following:
• Are the requirements in the
proposed regulations clearly stated?
• Do the proposed regulations contain
technical terms or other wording that
interferes with their clarity?
• Does the format of the proposed
regulations (grouping and order of
sections, use of headings, paragraphing,
etc.) aid or reduce their clarity?
• Would the proposed regulations be
easier to understand if we divided them
into more (but shorter) sections? (A
‘‘section’’ is preceded by the symbol
‘‘§ ’’ and a numbered heading; for
example, § 230.1 What is the Troops-toTeachers program?)
• Could the description of the
proposed regulations in the
SUPPLEMENTARY INFORMATION section of
this preamble be more helpful in
making the proposed regulations easier
to understand? If so, how?
• What else could we do to make the
proposed regulations easier to
understand?
Send any comments that concern how
the Department could make these
proposed regulations easier to
understand to the person listed in the
ADDRESSES section of the preamble.
Regulatory Flexibility Act Certification
The Secretary certifies that these
proposed regulations would not have a
significant economic impact on a
substantial number of small entities.
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These proposed regulations would affect
only individuals wishing to participate
in the Troops-to-Teachers program, and
individuals are not defined as small
entities in the Regulatory Flexibility
Act.
Paperwork Reduction Act of 1995
These proposed regulations do not
contain any information collection
requirements.
Intergovernmental Review
This program is subject to Executive
Order 12372 and the regulations in 34
CFR part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Assessment of Educational Impact
The Secretary particularly requests
comments on whether these proposed
regulations would 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, as well
as all other Department of Education
documents published in the Federal
Register, in text or Adobe Portable
Document Format (PDF) on the Internet
at the following site: https://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: https://www.gpoaccess.gov/nara/
index.html.
(Catalog of Federal Domestic Assistance
Number 84.815)
The Secretary of Education has
delegated authority to the Assistant
Deputy Secretary for Innovation and
Improvement to issue these proposed
amendments to 34 CFR Chapter II.
List of Subjects in 34 CFR Part 230
Armed forces, Education, Elementary
and secondary education, Stipends,
Teachers, Vocational education.
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Dated: January 11, 2005.
Nina Shokraii Rees,
Assistant Deputy Secretary for Innovation and
Improvement.
For the reasons discussed in the
preamble, the Secretary proposes to
amend title 34 of the Code of Federal
Regulations by adding part 230 to read
as follows:
PART 230—Innovation for Teacher
Quality
Subpart A—Troops-to-Teachers Program
Sec.
230.1 What is the Troops-to-Teachers
program?
230.2 What definitions apply to the Troopsto-Teacher program?
230.3 What criteria does the Secretary use
to select eligible participants in the
Troops-to-Teachers program?
Subpart B—[Reserved]
Authority: 20 U.S.C. 1221e–3, 3474, and
6671–6684, unless otherwise noted.
Subpart A—Troops-to-Teachers program
§ 230.1 What is the Troops-to-Teacher
program?
Under the Troops-to-Teachers
program, the Secretary of Education
transfers funds to the Department of
Defense for the Defense Activity for
Non-Traditional Education Support
(DANTES) to provide assistance,
including a stipend of up to $5,000, to
an eligible member of the Armed Forces
so that he or she can obtain certification
or licensing as an elementary school
teacher, secondary school teacher, or
vocational/technical teacher and
become a highly qualified teacher by
demonstrating competency in each of
the subjects he or she teaches. In
addition, the program helps the
individual find employment in a highneed local educational agency or public
charter school. In lieu of a stipend,
DANTES may pay a bonus of $10,000 to
a participant who agrees to teach in
high-poverty school.
(Authority: 20 U.S.C. 1221e–3, 3474, and
6671–6677)
§ 230.2 What definitions apply to the
Troops-to-Teacher program?
As used in this subpart—
Act means the Elementary and
Secondary Education Act of 1965, as
amended by the No Child Left Behind
Act of 2001.
High-Need Local Educational Agency
as used in section 2304(a) of the Act
means a local educational agency—
(1) That serves not fewer than 10,000
children from families with incomes
below the poverty line; or
(2) For which not less than 20 percent
of the children served by the agency are
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from families with incomes below the
poverty line; or
(3) For which not less than 15 nor
more than 19 percent of the children
served by the agency are from families
with incomes below the poverty line
and that assigns all teachers funded by
the Troops-to-Teachers program to a
high-need school as defined in section
2304(d)(3) of the Act for the duration of
their service commitment under the Act.
(Authority: 20 U.S.C. 1221e–3, 3474, and
6672(c)(1))
Public Charter School means a charter
school as defined in section 5210(1) of
the Act.
§ 230.3 What criteria does the Secretary
use to select eligible participants in the
Troops-to-Teacher program?
(a) The Secretary establishes the
following criteria for the selection of
eligible participants in the Troops-toTeachers program in the following
order:
(1) First priority is given to eligible
service members who are not employed
as an elementary or secondary school
teacher at the time that they enter into
a participation agreement with the
Secretary under section 2304(a) of the
Act, which requires participants to
teach in a high-need local educational
agency (LEA) or public charter school
for at least three years, who will be
selected in the following order:
(i) Those who agree to obtain
certification to teach science,
mathematics, or special education and
who agree to teach in a ‘‘high-need
school’’ as defined in section 2304(d)(3)
of the Act.
(ii) Those who agree to obtain
certification to teach another subject or
subjects and who agree to teach in a
‘‘high-need school’’ as defined in
section 2304(d)(3) of the Act.
(iii) Those who agree to obtain
certification to teach science,
mathematics, or special education or
obtain certification to teach at the
elementary school level.
(iv) All other eligible applicants.
(2) After all eligible first-priority
participants are selected, second
priority is given to eligible service
members who are employed as an
elementary or secondary school teacher
at the time that they enter into a new
participation agreement with the
Secretary under section 2304(a) of the
Act, which requires participants to
teach in a high-need local educational
agency (LEA) or public charter school
for at least three years, who will be
selected in the following order:
(i) Those who agree to obtain
certification to teach science,
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mathematics or special education rather
than the subjects they currently teach
and who agree to teach in a ‘‘high-need
school’’ as defined in section 2304(d)(3)
of the Act.
(ii) Those who agree to obtain
certification to teach another subject or
subjects and who agree to teach in a
‘‘high-need school’’ as defined in
section 2304(d)(3) of the Act.
(iii) Those who agree to obtain
certification to teach science,
mathematics, or special education rather
than the subjects they currently teach.
(iv) All others seeking assistance
necessary to be deemed ‘‘highly
qualified’’ by their State within the
meaning of section 9101(23) of the Act.
(b) [Reserved]
(Authority: 20 U.S.C. 1221e–3, 3474, and
6672(c)(1))
[FR Doc. 05–861 Filed 1–13–05; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 041229366–4366–01; I.D.
122304D]
RIN 0648–AQ25
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Monkfish
Fishery; Amendment 2
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes regulations to
implement measures in Amendment 2
to the Monkfish Fishery Management
Plan (FMP) developed jointly by the
New England and Mid-Atlantic Fishery
Management Councils (Councils).
Amendment 2 was developed to address
essential fish habitat (EFH) and bycatch
issues, and to revise the FMP to address
several issues raised during the public
scoping process. This proposed action
includes the following programs and
measures: A new limited access permit
for qualified vessels fishing south of 38°
20′ N. lat.; an offshore trawl fishery in
the Southern Fishery Management Area
(SFMA); a maximum disc diameter of 6–
inches (15.2 cm) for trawl gear vessels
fishing in the SFMA; closure of two
deep-sea canyon areas to all gears when
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13:03 Jan 13, 2005
Jkt 205001
fishing under the monkfish day-at-sea
(DAS) program; establishment of a
research DAS set-aside program; an
exemption program for vessels fishing
outside of the Exclusive Economic Zone
(EEZ); adjustments to the incidental
monkfish catch limits; a decrease in the
minimum monkfish size in the SFMA;
removal of the 20-day block
requirement; revisions to the monkfish
baseline provisions; and additions to the
frameworable measures. This intent of
this action is to provide efficient
management of the monkfish fishery
and to meet conservation objectives.
DATES: Comments must be received by
5 p.m., February 14, 2005.
ADDRESSES: Written comments on the
proposed rule may be submitted by any
of the following methods:
• E-mail: E-mail comments may be
submitted to mnkamnd2@noaa.gov.
Include in the subject line the following
‘‘Comments on the Proposed Rule for
Monkfish Amendment 2.’’
• Federal e-Rulemaking Portal: http:/
/www.regulations.gov
• Mail: Comments submitted by mail
should be sent to Patricia A. Kurkul,
Regional Administrator, Northeast
Region, NMFS, One Blackburn Drive,
Gloucester, MA 01930–2298. Mark the
outside of the envelope ‘‘Comments on
the Proposed Rule for Monkfish
Amendment 2.’’
• Facsimile (fax): Comments
submitted by fax should be faxed to
(978) 281–9135.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule should be submitted to the Regional
Administrator at the address above and
by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285.
Copies of Amendment 2, its
Regulatory Impact Review (RIR),
including the Initial Regulatory
Flexibility Analysis (IRFA), and the
Final Supplemental Environmental
Impact Statement (FSEIS) are available
on request from Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. These
documents are also available online
athttps://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT:
Allison R. Ferreira, Fishery Policy
Analyst, (978) 281–9103; fax (978) 281–
9135; e-mail allison.ferreira@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Councils developed Amendment
2 to address a number of issues that
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
arose out of the implementation of the
original FMP, as well as issues that were
identified during public scoping. Issues
arising from the original FMP include:
The displacement of vessels from their
established monkfish fisheries due to
restrictive trip limits; unattainable
permit qualification criteria for vessels
in the southern end of the range of the
fishery; discards (bycatch) of monkfish
due to regulations (i.e., minimum size
restrictions and incidental catch limits);
and deficiencies in meeting MagnusonStevens Act requirements pertaining to
protection of Essential Fish Habitat
(EFH) in accordance with the Joint
Stipulation and Order resulting from the
legal challenge American Oceans
Campaign, et al. v. Daley. Issues arising
from public scoping include:
Deficiencies in meeting MagnusonStevens Act requirements, including
preventing overfishing and rebuilding
overfished stocks; a need to improve
monkfish data collection and research;
the need to establish a North Atlantic
Fisheries Organization (NAFO)
exemption program for monkfish;
multiple vessel baseline specifications
for limited access monkfish vessels; a
need to update environmental
documents describing the impact of the
FMP; and a need to reduce FMP
complexity where possible.
A notice of availability of a Draft
Supplemental Environmental Impact
Statement (DSEIS), which analyzed the
impacts of all of the measures under
consideration in Amendment 2, was
published on April 30, 2004 (69 FR
23571), with public comment accepted
through July 28, 2004. Public hearings
were held between June 15 and June 24,
2004, in six locations from Maine to
North Carolina.
Proposed Measures
1. Modification of the Limited Access
Permit Qualification Criteria
Modification of the limited access
monkfish permit qualification criteria is
being proposed to address concerns
raised by some vessel owners who
believe that they were not adequately
notified of the monkfish control date
and/or because of confusion regarding
the southern boundary of the monkfish
management unit in the initial FMP.
Amendment 2 would provide a
renewed opportunity for a non-limited
access monkfish vessel to qualify for a
new limited access monkfish permit if
it could demonstrate that it had
monkfish landed in the area south of 38°
00’ N. lat. during the qualification
period March 15 through June 15, for
the years 1994 through 1998. Two
permits would be available, depending
on the amount of monkfish the vessel
E:\FR\FM\14JAP1.SGM
14JAP1
]]>Agencies
[Federal Register Volume 70, Number 10 (Friday, January 14, 2005)]
[Proposed Rules]
[Pages 2582-2586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-861]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Part 230
RIN 1855-AA04
Innovation for Teacher Quality
AGENCY: Office of Innovation and Improvement, Department of Education.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Secretary proposes regulations prescribing criteria to be
used in selecting eligible members of the Armed Forces to participate
in the Troops-to-Teachers program and receive financial assistance.
These proposed regulations would implement section 2303(c) of the
Elementary and Secondary Education Act of 1965 (the Act), as amended by
the No Child Left Behind Act of 2001 (NCLB). The proposed regulations
also would define the terms ``high-need local educational agency'' and
``public charter school'' in which a participant must agree to be
employed under section 2304(a)(1)(B) of the Act, as amended by the
NCLB.
DATES: We must receive your comments on or before February 14, 2005.
ADDRESSES: Address all comments about these proposed regulations to
Thelma Leenhouts, U.S. Department of Education, 400 Maryland Avenue,
SW., room 4W302, FOB6, Washington, DC 20202-6140. If you prefer to send
your comments through the Internet, you may address them to us at the
U.S. Government Web site: https://www.regulations.gov.
Or you may send your Internet comments to us at the following
address: comments@ed.gov.
You must include the term ``Troops program'' in the subject line of
your electronic message.
FOR FURTHER INFORMATION CONTACT: Thelma Leenhouts. Telephone: (202)
260-0223 or via Internet: thelma.leenhouts@ed.gov.
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, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding these proposed
regulations. To ensure that your comments have maximum effect in
developing the final regulations, we urge you to identify clearly the
specific section or sections of the proposed regulations that each of
your comments addresses and to arrange your comments in the same order
as the proposed regulations.
We invite you to assist us in complying with the specific
requirements of Executive Order 12866 and its overall requirement of
reducing regulatory burden that might result from these proposed
regulations. Please let us know of any further opportunities we should
take to reduce potential costs or increase potential benefits while
preserving the effective and efficient administration of the program.
During and after the comment period, you may inspect all public
comments about these proposed regulations in room 4W306, 400 Maryland
Avenue, SW., Washington, DC, between the hours of 8:30 a.m. and 4 p.m.,
Eastern
[[Page 2583]]
time, Monday through Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for these proposed regulations. If you want to
schedule an appointment for this type of aid, please contact the person
listed under FOR FURTHER INFORMATION CONTACT.
Background
These proposed regulations would implement section 2303(c) of Title
II, Part C, Subpart 1, Chapter A of the Act, as amended by the NCLB
(Pub. L. 107-110), enacted January 8, 2002. Subpart 1, Transitions to
Teaching, of Chapter A authorizes the Troops-to-Teachers program. Under
this program, the Secretary of Education transfers funds to the
Department of Defense for the Defense Activity for Non-Traditional
Education Support (DANTES) to provide assistance, including stipends of
up to $5,000, to eligible members of the Armed Forces so that they can
obtain certification or licensing as elementary school teachers,
secondary school teachers, or vocational/technical teachers and become
highly qualified teachers by demonstrating competency in each of the
subjects they teach. In addition, the program helps these participants
find employment in high-need local educational agencies (LEAs) or
public charter schools, and participants agree to teach in these LEAs
or public charter schools for at least three years.
Section 2303(d) of the Act, as amended by the NCLB, requires the
Secretary, in selecting eligible service members, to give priority to
members with educational or military experience in science,
mathematics, special education, or vocational and technical education
who agree to seek employment teaching those subjects. In addition,
section 2303(c)(1) directs the Secretary to prescribe criteria to be
used to select eligible members of the Armed Forces to participate in
the program. These proposed regulations would implement the statutory
directive in section 2303(c)(1) and provide a binding interpretation to
resolve an ambiguity in the statute regarding the definition of a high-
need LEA and public charter school.
These proposed regulations were developed in consultation with
DANTES, which administers the Troop-to-Teachers program under a
memorandum of agreement with the Department of Education.
Significant Proposed Regulations
We discuss substantive issues under the sections of the proposed
regulations to which they pertain.
Section 230.1 What Is the Troops-to-Teachers Program?
Statute: The Act, as amended by the NCLB, provides for the
Secretary of Education to transfer funds to DANTES to provide
assistance, including stipends of up to $5,000, to an eligible member
of the Armed Forces so that he or she can obtain certification or
licensing as an elementary school teacher, secondary school teacher, or
vocational/technical teacher and become a highly qualified teacher by
demonstrating competency in each of the subjects he or she teaches. In
addition, the statute provides for the Secretary to assist eligible
members of the Armed Forces in finding employment in a high-need LEA or
public charter school. It further provides that DANTES may pay bonuses
in lieu of stipends to participants who agree to teach in high-poverty
schools.
Proposed Regulations: Section 230.1 provides a general description
of the Troops-to-Teachers program.
Reasons: The proposed regulation provides context for the proposed
regulations that follow it.
Section 230.2 What Definitions Apply to the Troops-to-Teacher Program?
Statute: Section 2303(c)(1) of the Act, as amended by the NCLB,
directs the Secretary to prescribe criteria for the selection of
eligible members of the Armed Forces to participate in the Troops-to-
Teachers program and receive financial assistance to become certified
teachers. Section 2304(a)(1)(B) of the Act, as amended by the NCLB,
requires program participants to enter into a participation agreement
with the Secretary in which they agree, among other things, to accept
an offer of full-time employment as an elementary school teacher,
secondary school teacher, or vocational/technical teacher for not less
than three school years with a high-need LEA or public charter school
as such terms are defined in section 2101 of the Act. However, the
statute's reference to section 2101 is clearly erroneous since the
latter section describes the purpose of Title II, Part A and does not
contain any definitions. Under these circumstances, there is ambiguity
in the statute, which the Secretary is proposing to resolve through
this rulemaking proceeding.
Proposed Regulations: Section 230.2 of the proposed regulations
would define the term ``high-need local educational agency'' as used in
section 2304(a)(1)(B) to mean an LEA: (1) That serves not fewer than
10,000 children from families with incomes below the poverty line; or
(2) for which not less than 20 percent of the children served by the
agency are from families below the poverty line; or (3) for which not
less than 15 nor more than 19 percent of the children served by the
agency are from families below the poverty line and that assigns all
teachers receiving financial assistance through the Troops-to-Teachers
program to high-need schools, as defined in section 2304(d)(3) of the
Act, as amended by the NCLB.
The proposed regulation would also define ``public charter school''
to mean a charter school as defined in section 5210(1) of the Act, as
amended by the NCLB.
Reasons: The proposed regulation would cure the absence of a
definition for two terms, ``high-need local educational agency'' and
``public charter school'', caused by the faulty reference to section
2101 of the Act, which contains no definitions.
The Act contains a definition of high-need LEA, but it is limited
in application to certain provisions of Title II, specifically part A
governing the Teacher and Principal Training and Recruitment Fund; part
A, subpart C governing National Activities; and part C, subpart I,
chapter B governing the Transition to Teaching Program. Specifically,
section 2102(3) of the Act defines high-need LEA to mean: Those serving
no fewer than 10,000 children from families with incomes below the
poverty line, or those for which not less than 20 percent of the
children served by the agency are from families with incomes below the
poverty line; and for which there is a high percentage of (1) teachers
not teaching in the academic subjects or grade levels that they were
trained to teach, or (2) teachers with emergency, provisional, or
temporary certification or licensing. The Secretary considers this
definition to be unsuitable for the Troops-to-Teachers program because
prior experience with job placements under the Troops-to-Teachers
program indicates that it is too restrictive to permit the recruitment
of eligible members of the Armed Forces to the program at an optimal
level. Use of this definition results in a universe of agencies that is
insufficiently broad to permit participants some reasonable degree of
choice in employment opportunities that will satisfy their
[[Page 2584]]
three-year teaching commitments. Accordingly, to resolve the ambiguity
in the statute, the Secretary is proposing to define ``high-need local
educational agency'', as used in section 2304(a)(1)(B), to mean an LEA:
(1) That serves not fewer than 10,000 children from families with
incomes below the poverty line; or (2) for which not less than 20
percent of the children served by the agency are from families with
incomes below the poverty line; or (3) for which not less than 15 nor
more than 19 percent of the children served by the agency are from
families with incomes below the poverty line and that assigns all
teachers funded by the Troops-to-Teachers program to high-need schools,
as defined in section 2304(d)(3) of the Act.
This definition is intended to balance the need to provide program
participants with reasonable opportunities to satisfy their teaching
commitments under the program and the need to target recruitment
assistance to LEAs with the greatest need for that assistance.
The definition of charter schools pertaining to Charter School
Programs in section 5210(1) of the Act is appropriate for purposes of
the Troops-to-Teachers program; consequently, the proposed regulation
would incorporate that definition for the term ``public charter
school.''
Section 230.3 What Criteria Does the Secretary Use To Select Eligible
Participants in the Troops-to-Teacher Program?
Statute: Section 2303(c)(1) of the Act directs the Secretary to
prescribe criteria for the selection of eligible members of the Armed
Forces (service members) to participate in the Troops-to-Teachers
program.
Proposed Regulations: Section 230.3 would establish the order of
priority for selection and funding of eligible service members who
enter into a participation agreement, as provided by section 2304 of
the Act, to teach in a high-need LEA or a public charter school for at
least three years. The Secretary would give first priority to all
eligible individuals not presently in the teaching profession. Within
that category of candidates, candidates would be selected in the
following order of preference: (1) Individuals who will both obtain
certification to teach science, mathematics, or special education and
teach in high-need schools (as defined in section 2304(d)(3) of the
Act); (2) individuals who will obtain certification to teach other
subjects and will teach in high-need schools; (3) individuals who will
obtain certification to teach science, mathematics, or special
education or obtain certification to teach at the elementary level
without committing to teach in a high-need school; and (4) individuals
who will obtain certification in a subject other than science,
mathematics and special education and will teach at the secondary level
without committing to teach in a high-need school.
After all eligible first-priority participants new to teaching are
selected, the Secretary would give priority to all eligible service
members currently employed as teachers who enter into a participation
agreement as provided by section 2304 of the Act. These candidates
would be selected in the following order of preference: (1) Individuals
who will obtain certification to teach science, mathematics, or special
education and teach in high-need schools (as defined in section
2304(d)(3) of the Act); (2) individuals who will obtain certification
to teach other subjects and will teach in high-need schools; (3)
individuals who will obtain certification to teach science,
mathematics, or special education, instead of the subjects they
currently teach, but not in high-need schools; and (4) individuals
currently teaching and seeking assistance to be deemed ``highly
qualified'' by their State within the meaning of section 9101(23) of
the Act.
Reasons: It is the intent of these proposed criteria to give
priority to attracting new members to the teaching profession from
among eligible service members. To the extent that additional funds are
available, in appropriate cases the criteria also permit the use of
program funds as an inducement to retain eligible service members as
existing teachers in the profession when they undertake an additional
service commitment. Within each set of proposed priorities, the intent
is to give priority to those willing both to teach in critical shortage
fields--science, mathematics, or special education--and to teach in a
high-need school, followed by those willing to teach other subjects in
a high-need school and then those willing to teach in the critical
shortage fields or in elementary education. The proposed priorities for
those willing to teach science, mathematics, and special education
encompass service members with educational or military experience in
science, mathematics, special education, or vocational/ technical
subjects who agree to seek employment as science, mathematics, or
special education teachers as described in section 2303(d) of the Act.
Executive Order 12866
1. Potential Costs and Benefits
Under Executive Order 12866, we have assessed the potential costs
and benefits of this regulatory action.
The potential costs associated with the proposed regulations are
those resulting from statutory requirements and those we have
determined to be necessary for administering this program effectively
and efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of this regulatory action, we have determined that the
benefits would justify the costs.
We have also determined that this regulatory action would not
unduly interfere with State, local and tribal governments in the
exercise of their governmental functions.
2. Clarity of the Regulations
Executive Order 12866 and the Presidential memorandum on ``Plain
Language in Government Writing'' require each agency to write
regulations that are easy to understand.
The Secretary invites comments on how to make these proposed
regulations easier to understand, including answers to questions such
as the following:
Are the requirements in the proposed regulations clearly
stated?
Do the proposed regulations contain technical terms or
other wording that interferes with their clarity?
Does the format of the proposed regulations (grouping and
order of sections, use of headings, paragraphing, etc.) aid or reduce
their clarity?
Would the proposed regulations be easier to understand if
we divided them into more (but shorter) sections? (A ``section'' is
preceded by the symbol ``Sec. '' and a numbered heading; for example,
Sec. 230.1 What is the Troops-to-Teachers program?)
Could the description of the proposed regulations in the
SUPPLEMENTARY INFORMATION section of this preamble be more helpful in
making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations
easier to understand?
Send any comments that concern how the Department could make these
proposed regulations easier to understand to the person listed in the
ADDRESSES section of the preamble.
Regulatory Flexibility Act Certification
The Secretary certifies that these proposed regulations would not
have a significant economic impact on a substantial number of small
entities.
[[Page 2585]]
These proposed regulations would affect only individuals wishing to
participate in the Troops-to-Teachers program, and individuals are not
defined as small entities in the Regulatory Flexibility Act.
Paperwork Reduction Act of 1995
These proposed regulations do not contain any information
collection requirements.
Intergovernmental Review
This program is subject to Executive Order 12372 and the
regulations in 34 CFR part 79. One of the objectives of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism. The Executive order relies on processes developed by State
and local governments for coordination and review of proposed Federal
financial assistance.
This document provides early notification of our specific plans and
actions for this program.
Assessment of Educational Impact
The Secretary particularly requests comments on whether these
proposed regulations would 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, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
https://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: https://www.gpoaccess.gov/
nara/.
(Catalog of Federal Domestic Assistance Number 84.815)
The Secretary of Education has delegated authority to the Assistant
Deputy Secretary for Innovation and Improvement to issue these proposed
amendments to 34 CFR Chapter II.
List of Subjects in 34 CFR Part 230
Armed forces, Education, Elementary and secondary education,
Stipends, Teachers, Vocational education.
Dated: January 11, 2005.
Nina Shokraii Rees,
Assistant Deputy Secretary for Innovation and Improvement.
For the reasons discussed in the preamble, the Secretary proposes
to amend title 34 of the Code of Federal Regulations by adding part 230
to read as follows:
PART 230--Innovation for Teacher Quality
Subpart A--Troops-to-Teachers Program
Sec.
230.1 What is the Troops-to-Teachers program?
230.2 What definitions apply to the Troops-to-Teacher program?
230.3 What criteria does the Secretary use to select eligible
participants in the Troops-to-Teachers program?
Subpart B--[Reserved]
Authority: 20 U.S.C. 1221e-3, 3474, and 6671-6684, unless
otherwise noted.
Subpart A--Troops-to-Teachers program
Sec. 230.1 What is the Troops-to-Teacher program?
Under the Troops-to-Teachers program, the Secretary of Education
transfers funds to the Department of Defense for the Defense Activity
for Non-Traditional Education Support (DANTES) to provide assistance,
including a stipend of up to $5,000, to an eligible member of the Armed
Forces so that he or she can obtain certification or licensing as an
elementary school teacher, secondary school teacher, or vocational/
technical teacher and become a highly qualified teacher by
demonstrating competency in each of the subjects he or she teaches. In
addition, the program helps the individual find employment in a high-
need local educational agency or public charter school. In lieu of a
stipend, DANTES may pay a bonus of $10,000 to a participant who agrees
to teach in high-poverty school.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6671-6677)
Sec. 230.2 What definitions apply to the Troops-to-Teacher program?
As used in this subpart--
Act means the Elementary and Secondary Education Act of 1965, as
amended by the No Child Left Behind Act of 2001.
High-Need Local Educational Agency as used in section 2304(a) of
the Act means a local educational agency--
(1) That serves not fewer than 10,000 children from families with
incomes below the poverty line; or
(2) For which not less than 20 percent of the children served by
the agency are from families with incomes below the poverty line; or
(3) For which not less than 15 nor more than 19 percent of the
children served by the agency are from families with incomes below the
poverty line and that assigns all teachers funded by the Troops-to-
Teachers program to a high-need school as defined in section 2304(d)(3)
of the Act for the duration of their service commitment under the Act.
(Authority: 20 U.S.C. 1221e-3, 3474, and 6672(c)(1))
Public Charter School means a charter school as defined in section
5210(1) of the Act.
Sec. 230.3 What criteria does the Secretary use to select eligible
participants in the Troops-to-Teacher program?
(a) The Secretary establishes the following criteria for the
selection of eligible participants in the Troops-to-Teachers program in
the following order:
(1) First priority is given to eligible service members who are not
employed as an elementary or secondary school teacher at the time that
they enter into a participation agreement with the Secretary under
section 2304(a) of the Act, which requires participants to teach in a
high-need local educational agency (LEA) or public charter school for
at least three years, who will be selected in the following order:
(i) Those who agree to obtain certification to teach science,
mathematics, or special education and who agree to teach in a ``high-
need school'' as defined in section 2304(d)(3) of the Act.
(ii) Those who agree to obtain certification to teach another
subject or subjects and who agree to teach in a ``high-need school'' as
defined in section 2304(d)(3) of the Act.
(iii) Those who agree to obtain certification to teach science,
mathematics, or special education or obtain certification to teach at
the elementary school level.
(iv) All other eligible applicants.
(2) After all eligible first-priority participants are selected,
second priority is given to eligible service members who are employed
as an elementary or secondary school teacher at the time that they
enter into a new participation agreement with the Secretary under
section 2304(a) of the Act, which requires participants to teach in a
high-need local educational agency (LEA) or public charter school for
at least three years, who will be selected in the following order:
(i) Those who agree to obtain certification to teach science,
mathematics or special education rather
[[Page 2586]]
than the subjects they currently teach and who agree to teach in a
``high-need school'' as defined in section 2304(d)(3) of the Act.
(ii) Those who agree to obtain certification to teach another
subject or subjects and who agree to teach in a ``high-need school'' as
defined in section 2304(d)(3) of the Act.
(iii) Those who agree to obtain certification to teach science,
mathematics, or special education rather than the subjects they
currently teach.
(iv) All others seeking assistance necessary to be deemed ``highly
qualified'' by their State within the meaning of section 9101(23) of
the Act.
(b) [Reserved]
(Authority: 20 U.S.C. 1221e-3, 3474, and 6672(c)(1))
[FR Doc. 05-861 Filed 1-13-05; 8:45 am]
BILLING CODE 4000-01-P
