Higher Education Programs, 13371-13377 [05-5547]

Download as PDF Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations Shipyard Employment (29 CFR part 1915, subpart P) information collection request to OMB for approval in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). On November 30, 2004, OMB approved the collections of information and assigned OMB Control Number 1218–0248. The approval for the collection expires on November 30, 2007. The approved collections of information are: 1915.501—General Provisions Paragraph (d)(1) Multi-employer worksites, Host employer responsibilities. Paragraph (d)(2) Multi-employer worksites, Contract employer responsibilities. 1915.504—Fire Watches Paragraph (a) Written fire watch policy. 1915.505—Fire Response Paragraph (a) Employer responsibilities (written fire response policy). Paragraph (b) Required written policy information. Paragraph (d) Organization of internal fire response functions. 1915.506—Hazards of Fixed Extinguishing Systems on Board Vessels and Vessel Sections Paragraph (b) Requirements for automatic and manual systems. 1915.507—Land-Side Fire Protection Systems Paragraph (c) General requirements for fixed extinguishing systems. 1915.508—Training Paragraph (a) Training Frequency. Paragraph (b) Training for all employees. Paragraph (c) Additional training requirements for employees expected to fight incipient stage fires. Paragraph (d) Additional training requirements for employees designated to perform fire response activities. Paragraph (e) Additional training requirements for employees assigned to fire watch duty. Paragraph (f) Records. 15:51 Mar 18, 2005 Jkt 205001 DEPARTMENT OF EDUCATION Reporting and recordkeeping requirements. 34 CFR Parts 606, 607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 663, 664, and 669 Authority and Signature Jonathan L. Snare, Acting Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this document. The authority for this document is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506), Secretary of Labor’s Order No. 5–2002 (67 FR 65008). Accordingly, the Occupational Safety and Health Administration amends 29 CFR part 1915, as set forth below. I Paragraph (a) Employer responsibilities (to create a fire safety plan). Paragraph (b) Plan elements. Paragraph (c) Reviewing the plan with employees. Paragraph (d) Additional employer requirements. VerDate jul<14>2003 List of Subjects in 29 CFR Part 1915 Signed in Washington, DC on March 15, 2005. Jonathan L. Snare, Acting Assistant Secretary of Labor. 1915.502—Fire Safety Plan 13371 PART 1915—[AMENDED] 1. The authority citation for part 1915 continues to read in part as follows: I Authority: § 41, Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 941); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor’s Order No. 12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 50017), or 5–2002 (67 FR 65008) as applicable. * * * * * 2. In § 1915.8, the table is amended by adding the entries for the following sections, in numerical order, to read as follows: I § 1915.8 OMB Control numbers under the Paperwork Reduction Act * * * * * 1915.501(d) .............................. 1915.502(a) ............................... 1915.502(b) .............................. 1915.502(c) ............................... 1915.502(d) .............................. 1915.504(a) ............................... 1915.505(a) ............................... 1915.505(b) .............................. 1915.505(d) .............................. 1915.506(b) .............................. 1915.507(c) ............................... 1915.508(a) ............................... 1915.508(b) .............................. 1915.508(c) ............................... 1915.508(d) .............................. 1915.508(e) ............................... 1915.508(f) ............................... * * * * 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 1218–0248 * [FR Doc. 05–5500 Filed 3–18–05; 8:45 am] BILLING CODE 4510–26–M PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 Higher Education Programs Office of Postsecondary Education, Department of Education. ACTION: Final regulations. AGENCY: SUMMARY: These final regulations remove all references to points in the selection criteria the Department of Education (Department) uses to evaluate applications submitted under the higher education discretionary grant programs. We are taking this action because the current point assignments are outdated and do not permit sufficient flexibility to establish important program objectives. Taking this action allows us that flexibility and ensures that grant awards are made to high quality applicants. The final regulations also remove the requirement that in competitions for grants under the Partnership and Teacher-Recruitment components of the Teacher Quality Enhancement Grants Program, the Secretary hold a two-stage competition in which applicants must submit a pre-application and a full application. The current structure did not prove effective in producing high quality applications for this program. Removing the requirement for a preapplication reduces burden on applicants and the Department and allows both to target their resources on the full application stage. There are some amendments in these final regulations that are purely technical corrections to the regulations. DATES: These regulations are effective April 20, 2005. FOR FURTHER INFORMATION CONTACT: Lorraine Kennedy, U.S. Department of Education, 1990 K Street, NW., room 8018, Washington, DC 20006–8544. Telephone: (202) 502–7762. Pamela Maimer, U.S. Department of Education, 1990 K Street, NW., room 8014, Washington, DC 20006–8544. Telephone: (202) 502–7704. 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 either contact person listed under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: On December 22, 2004, the Secretary E:\FR\FM\21MRR1.SGM 21MRR1 13372 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations published a notice of proposed rulemaking (NPRM) for 34 CFR parts 606, 607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 663, 664, and 669 in the Federal Register (69 FR 76636). In the preamble of the NPRM, the Secretary discussed on pages 76636 and 76637 the major changes proposed to the current regulations. These are as follows: • The Secretary proposed removing the mandatory point values from the selection criteria in the regulations associated with the application process for discretionary grant programs. These amendments provide the Secretary with the flexibility to select specific point values from year to year to address current priorities for the programs. • The Secretary also proposed amending 34 CFR part 611, which governs the Teacher Quality Enhancement Grants (TQE) program. This amendment makes discretionary the existing requirement that in competitions for grants under the program’s Partnership and TeacherRecruitment components, the Secretary conduct a two-stage process for selecting applicants involving the submission and review of preapplications and full applications. There were no differences between the NPRM and these final regulations. Analysis of Comments In response to the Secretary’s invitation in the NPRM, the Department did not receive any comments on the changes to the TQE program. Several parties submitted comments on the proposed regulations regarding removal of mandatory point values. An analysis of the comments follows. Generally, we do not address technical and other minor changes—and suggested changes the law does not authorize the Secretary to make. Analysis of Comments and Changes Comments: Several commenters believed that the elimination of points will result in some institutions being denied the opportunity to compete for grants because they will not have enough time to prepare because of the change. Discussion: The Secretary does not agree that eliminating specific point values from the regulations will reduce the opportunity for potential grantees to compete for grants. The regulations continue to specify the criteria used in making the grants in each program. Moreover, the points to be awarded for each criteria will be specified in a Federal Register notice or in the application package, which will be available in enough time for potential applicants to prepare their applications. VerDate jul<14>2003 15:51 Mar 18, 2005 Jkt 205001 Change: None. Comment: Several commenters wrote that eliminating points from the criteria will result in a reduced focus on institutions that serve disadvantaged students or programs that serve a particular group. Discussion: The Secretary understands the concerns of the commenters. We do not believe that the proposed change will lead to reduced focus on institutions that serve disadvantaged students or particular groups of students. Removing point values from the regulations does not change the selection criteria or otherwise change the focus of the programs. Change: None. Comment: Several commenters stated that the elimination of points would result in a preference for four-year institutions over two-year institutions. Discussion: We have no reason to believe that the removal of points from the regulations will result in a preference for four-year institutions over two-year institutions in grant awards. The selection criteria will remain the same, so the removal of points will not effect the selection of applicants. Change: None. economic impact on a substantial number of small entities. Small entities affected by these regulations are small institutions of higher education. The changes will not have a significant economic impact on the institutions affected. Paperwork Reduction Act of 1995 The Paperwork Reduction Act of 1995 does not require you to respond to a collection of information unless it displays a valid OMB control number. We display the valid OMB control numbers assigned to collections of information in these final regulations at the end of the affected sections of the regulations. Assessment of Educational Impact Executive Order 12866 In the NPRM we requested comments on whether the proposed regulations would require transmission of information that any other agency or authority of the United States gathers or makes available. Based on the response to the NPRM and on our review, we have determined that these final regulations do not require transmission of information that any other agency or authority of the United States gathers or makes available. 1. Potential Costs and Benefits Electronic Access to This Document We have reviewed these final regulations in accordance with Executive Order 12866. Under the terms of the order we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the final regulations are those resulting from statutory requirements and those we have determined to be necessary for administering these programs effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of these final regulations, we have determined that the benefits regulations 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. 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: http://www.ed.gov/ news/fedregister. To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1– 888–293–6498; or in the Washington, DC, area at (202) 512–1530. 2. Summary of Potential Costs and Benefits Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/ index.html. List of Subjects 34 CFR Parts 606 and 607 We discussed the potential costs and benefits of these final regulations in the preamble to the NPRM in the section titled SUPPLEMENTARY INFORMATION. Colleges and universities, Grant programs—education, Reporting and recordkeeping requirements. Regulatory Flexibility Act Certification Colleges and universities, Elementary and secondary education, Grant programs—education. The Secretary certifies that these final regulations will not have a significant PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 34 CFR Part 611 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations 34 CFR Part 637 Colleges and universities, Educational study programs, Equal educational opportunity, Grant programs— education, Reporting and recordkeeping requirements, Science and technology, Women. 34 CFR Part 648 Colleges and universities, Grant programs—education, Reporting and recordkeeping requirements, Scholarships and fellowships. 1. The authority citation for part 606 continues to read as follows: I Colleges and universities, Cultural exchange programs, Educational study programs, Grant programs—education, Reporting and recordkeeping requirements. 34 CFR Part 657 Colleges and universities, Cultural exchange programs, Educational study programs, Grant programs—education, Reporting and recordkeeping requirements, Scholarships and fellowships. 34 CFR Part 658 Colleges and universities, Cultural exchange programs, Educational study programs, Grant programs—education. 34 CFR Part 660 Colleges and universities, Cultural exchange programs, Educational Research, Educational study programs, Grant programs—education. 34 CFR Part 661 Business and industry, Colleges and universities, Educational study programs, Grant programs—education, Student aid. 34 CFR Part 662 Colleges and universities, Educational Research, Educational study programs, Grant programs—education, Scholarships and fellowships. 34 CFR Part 663 Colleges and universities, Educational Research, Educational study programs, Grant programs—education, Scholarships and fellowships, Teachers. 34 CFR Part 664 Colleges and universities, Educational Research, Educational study programs, Grant programs—education, Teachers. 34 CFR Part 669 Colleges and universities, Educational Research, Educational study programs, Grant programs—education, Reporting and recordkeeping requirements, Teachers. 17:30 Mar 18, 2005 For the reasons discussed in the preamble, the Secretary amends parts 606, 607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 663, 664, and 669 of title 34 of the Code of Federal Regulations as follows: I PART 606—DEVELOPING HISPANICSERVING INSTITUTIONS PROGRAM 34 CFR Part 656 VerDate jul<14>2003 Dated: March 16, 2005. Sally L. Stroup, Assistant Secretary for Postsecondary Education. Jkt 205001 Authority: 20 U.S.C. 1101 et seq., unless otherwise noted. 2. Section 606.20 is amended by— A. Revising paragraph (b); B. In paragraph (c)(1), removing the words ‘‘scores at least 50 points’’ and adding, in their place, the words ‘‘meets the requirements’’; and I C. Removing paragraph (c)(2)(i) and redesignating paragraphs (c)(2)(ii) and (c)(2)(iii) as paragraphs (c)(2)(i) and (c)(2)(ii), respectively. The revision reads as follows: I I I § 606.20 How does the Secretary choose applications for funding? 13373 B. Revising the introductory text of paragraphs (a) and (b) to read as follows: I § 606.23 What special funding consideration does the Secretary provide? (a) If funds are available to fund only one additional planning grant and each of the next fundable applications has received the same number of points under § 606.20 or 606.21, the Secretary awards additional points, as provided in the application package or in a notice published in the Federal Register, to any of those applicants that— * * * * * (b) If funds are available to fund only one additional development grant and each of the next fundable applications has received the same number of points under § 606.20 or 606.22, the Secretary awards additional points, as provided in the application package or in a notice published in the Federal Register, to any of those applicants that— * * * * * PART 607—STRENGTHENING INSTITUTIONS PROGRAM 6. The authority citation for part 607 continues to read as follows: I * Authority: 20 U.S.C. 1507–1509c, 1066– 1069f, unless otherwise noted. § 606.21 What are the selection criteria for planning grants? 7. Section 607.20 is amended by— A. Removing paragraph (c) and redesignating paragraphs (b)(1) and (2) as paragraphs (c)(1) and (2), respectively; I B. In redesignated paragraph (c)(2), removing the reference to ‘‘(b)(1)’’ and adding, in its place, the reference ‘‘(c)(1)’’; I C. Adding a new paragraph (b); and I D. Revising paragraph (d). The addition and revision read as follows: * * * * (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * I 3. Section 606.21 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: The Secretary evaluates an application for a planning grant on the basis of the criteria in this section. * * * * * I 4. Section 606.22 is amended by— I A. Revising the introductory text; I B. Removing all of the parentheticals that end in ‘‘points)’’; I C. In paragraphs (a)(1) and (a)(2), removing the punctuation ‘‘.’’; and I D. In paragraph (a)(3), adding the word ‘‘and’’ after the punctuation ‘‘;’’. The revision reads as follows: § 606.22 What are the selection criteria for development grants? The Secretary evaluates an application for a development grant on the basis of the criteria in this section. * * * * * I 5. Section 606.23 is amended by— I A. Removing all of the parentheticals that end in ‘‘point)’’; and PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 I I § 607.20 How does the Secretary choose applications for funding? * * * * * (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * (d) The Secretary considers funding an application for a development grant that— (1) Is submitted with a comprehensive development plan that satisfies all the elements required of such a plan under § 607.8; and (2) In the case of an application for a cooperative arrangement grant, demonstrates that the grant will enable each eligible participant to meet the goals and objectives of its comprehensive development plan better E:\FR\FM\21MRR1.SGM 21MRR1 13374 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations and at a lower cost than if each eligible participant were funded individually. * * * * * I 8. Section 607.21 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: § 607.21 What are the selection criteria for planning grants? The Secretary evaluates an application for a planning grant on the basis of the criteria in this section. * * * * * I 9. Section 607.22 is amended by— I A. Revising the introductory text; I B. Removing all of the parentheticals that end in ‘‘points)’’; I C. In paragraphs (a)(1) and (a)(2), removing the punctuation ‘‘.’’; and I D. In paragraph (a)(3), adding the word ‘‘and’’ after the punctuation ‘‘;’’. The revision reads as follows: § 607.22 What are the selection criteria for development grants? The Secretary evaluates an application for a development grant on the basis of the criteria in this section. * * * * * I 10. Section 607.23 is amended by— I A. Removing all of the parentheticals that end in ‘‘point)’’; and I B. Revising the introductory text of paragraphs (a) and (b) to read as follows: § 607.23 What special funding consideration does the Secretary provide? (a) If funds are available to fund only one additional planning grant and each of the next fundable applications has received the same number of points under § 607.20 or 607.21, the Secretary awards additional points, as provided in the application package or in a notice published in the Federal Register, to any of those applicants that— * * * * * (b) If funds are available to fund only one additional development grant and each of the next fundable applications has received the same number of points under § 607.20 or 607.22, the Secretary awards additional points, as provided in the application package or in a notice published in the Federal Register, to any of those applicants that— * * * * * PART 611—TEACHER QUALITY ENHANCEMENT GRANTS PROGRAM 11. The authority citation for part 611 continues to read as follows: I Authority: 20 U.S.C. 1021 et seq. and 1024(e), unless otherwise noted. VerDate jul<14>2003 17:30 Mar 18, 2005 Jkt 205001 § 611.2 [Amended] 12. Section 611.2 is amended by, in paragraph (a), removing the words ‘‘paragraphs (a)(1), (a)(2)(iii), or (a)(3)(iii) of § 611.3’’ and adding, in their place, the words ‘‘paragraphs (a)(1), (a)(2)(i)(B), (a)(2)(ii), (a)(3)(i)(B), or (a)(3)(ii) of § 611.3’’. I 13. Section 611.3 is amended by— I A. Revising paragraphs (a)(2) and (a)(3); and I B. In paragraph (b), removing the words ‘‘paragraphs (b)(2)(ii) and (b)(3)(ii)’’ and adding, in their place, the words ‘‘paragraphs (a)(2)(i)(A) and (a)(3)(i)(A)’’. The revisions read as follows: I § 611.3 What procedures does the Secretary use to award a grant? * * * * * (a) * * * (2) For the Partnership Grants Program, the Secretary may use a twostage application process to determine which applications to fund. (i) If the Secretary uses a two-stage application process, the Secretary uses— (A) The selection criteria in §§ 611.21 through 611.22 to evaluate preapplications submitted for new grants, and to determine those applicants to invite to submit full program applications; and (B) For those applicants invited to submit full applications, the selection criteria and competitive preference in §§ 611.23 through 611.25 to evaluate the full program applications. (ii) If the Secretary does not use a twostage application process, the Secretary uses the selection criteria and competitive preference in §§ 611.23 through 611.25 to evaluate applications. (3) For the Teacher Recruitment Grants Program, the Secretary may use a two-stage application process to determine which applications to fund. (i) If the Secretary uses a two-stage application process, the Secretary uses— (A) The selection criteria in § 611.31 to evaluate pre-applications submitted for new grants, and to determine those applicants to invite to submit full program applications; and (B) For those applicants invited to submit full applications, the selection criteria in § 611.32 to evaluate the full program applications. (ii) If the Secretary does not use a twostage application process, the Secretary uses the selection criteria in § 611.32 to evaluate applications. * * * * * PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 PART 637—MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM 14. The authority citation for part 637 continues to read as follows: I Authority: 20 U.S.C. 1067–1067c, 1067g– 1067k, 1068, 1068b, unless otherwise noted. 15. Section 637.31 is amended by— A. Revising paragraph (b); and B. Removing paragraph (c) and redesignating paragraphs (d)(1), (2), and (3) as paragraphs (c)(1), (2), and (3), respectively. The revision reads as follows: I I I § 637.31 How does the Secretary evaluate an application? * * * * * (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * I 16. Section 637.32 is amended by— I A. Revising the introductory text; I B. Removing all of the parentheticals that end in ‘‘points)’’; I C. In paragraph (a)(2)(v), removing the parenthetical ‘‘(See EDGAR 34 CFR 75.581)’’ and adding, in its place, the parenthetical ‘‘(See 34 CFR 75.580)’’. I D. In paragraph (b)(2)(iv), removing the word ‘‘groups’’ the second time it appears and adding, in its place, the word ‘‘group’’; I E. In paragraph (d)(1), removing the parenthetical ‘‘(See EDGAR 34 CFR 75.590—Evaluation by the grantee; where applicable)’’ and adding, in its place, the parenthetical ‘‘(See 34 CFR 75.590)’’; I F. Removing the authority citation that appears immediately before paragraph (f); and I G. Revising paragraph (f)(2)(iii). The revisions read as follows: § 637.32 What selection criteria does the Secretary use? The Secretary evaluates applications on the basis of the criteria in this section. * * * * * (f) * * * (2) * * * (iii) Involvement of appropriate individuals, especially science faculty, in identifying the institutional needs. * * * * * PART 648—GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED 17. The authority citation for part 648 continues to read as follows: I Authority: 20 U.S.C. 1135–1135ee, unless otherwise noted. E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations I I I 18. Section 648.30 is amended by— A. Revising paragraph (b); and B. Removing paragraph (c). The revision reads as follows: § 648.30 How does the Secretary evaluate an application? * * * * * (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * I 19. Section 648.31 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: § 648.31 What selection criteria does the Secretary use? The Secretary evaluates an application on the basis of the criteria in this section. * * * * * § 656.22 What selection criteria does the Secretary use to evaluate an application for an undergraduate Center? The Secretary evaluates an application for an undergraduate Center on the basis of the criteria in this section. * * * * * PART 657—FOREIGN LANGUAGE AND AREA STUDIES FELLOWSHIPS PROGRAM 24. The authority citation for part 657 continues to read as follows: I Authority: 20 U.S.C. 1122, unless otherwise noted. 25. Section 657.20 is amended by— A. In paragraph (a), adding the word ‘‘institutional’’ before the word ‘‘application’’; and I B. Revising paragraph (b) to read as follows: I I § 657.20 How does the Secretary evaluate an institutional application for an allocation of fellowships? application package or in a notice published in the Federal Register. (b) The Secretary evaluates an application from an agency or organization or professional or scholarly association on the basis of the criteria in §§ 658.31 and 658.33. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. (Authority: 20 U.S.C. 1124) 29. Section 658.31 is amended by— A. Removing the parentheticals ‘‘(10)’’ and ‘‘(5)’’ each time they appear; and I B. Revising the introductory text to read as follows: I I § 658.31 What selection criteria does the Secretary use? The Secretary evaluates an application for a project under this program on the basis of the criteria in this section. * * * * * I 30. Section 658.32 is amended by— I A. Removing the parentheticals ‘‘(15)’’ and ‘‘(10)’’ each time they appear; and I B. Revising the introductory text to read as follows: 21. Section 656.20 is amended by revising paragraph (b) to read as follows: * * * * (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * I 26. Section 657.21 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Adding introductory text to read as follows: § 656.20 How does the Secretary evaluate an application? * § 657.21 What criteria does the Secretary use in selecting institutions for an allocation of fellowships? The Secretary evaluates an institutional application for an allocation of fellowships on the basis of the criteria in this section. * * * * * In addition to the criteria referred to in § 658.31, the Secretary evaluates an application submitted by an institution of higher education or a combination of such institutions on the basis of the criteria in this section. * * * * * I 31. Section 658.33 is amended by— I A. In paragraph (a), removing the parenthetical ‘‘(30)’’; and I B. Revising the introductory text to read as follows: PART 658—UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE PROGRAM § 658.33 What additional criterion does the Secretary apply to applications from organizations and associations? 27. The authority citation for part 658 continues to read as follows: In addition to the criteria referred to in § 658.31, the Secretary evaluates an application submitted by an organization or association on the basis of the criterion in this section. * * * * * PART 656—NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE AND AREA STUDIES OR FOREIGN LANGUAGE AND INTERNATIONAL STUDIES 20. The authority citation for part 656 continues to read as follows: I Authority: 20 U.S.C. 1122, unless otherwise noted. I * * * * (b) The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * I 22. Section 656.21 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: § 656.21 What selection criteria does the Secretary use to evaluate an application for a comprehensive Center? The Secretary evaluates an application for a comprehensive Center on the basis of the criteria in this section. * * * * * I 23. Section 656.22 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: VerDate jul<14>2003 17:30 Mar 18, 2005 Jkt 205001 * 13375 I Authority: 20 U.S.C. 1124, unless otherwise noted. 28. Section 658.30 is revised to read as follows: I § 658.30 How does the Secretary evaluate an application? (a) The Secretary evaluates an application from an institution of higher education or a combination of such institutions on the basis of the criteria in §§ 658.31 and 658.32. The Secretary informs applicants of the maximum possible score for each criterion in the PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 § 658.32 What additional criteria does the Secretary apply to institutional applications? PART 660—THE INTERNATIONAL RESEARCH AND STUDIES PROGRAM 32. The authority citation for part 660 continues to read as follows: I Authority: 20 U.S.C. 1125, unless otherwise noted. 33. Section 660.30 is revised to read as follows: I E:\FR\FM\21MRR1.SGM 21MRR1 13376 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations § 660.30 How does the Secretary evaluate an application? (a) The Secretary evaluates an application for a research project, a study, or a survey on the basis of the criteria in §§ 660.31 and 660.32. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. (b) The Secretary evaluates an application for the development of specialized instructional materials on the basis of the criteria in §§ 660.31 and 660.33. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. (Authority: 20 U.S.C. 1125) 34. Section 660.31 is amended by— A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: I I § 660.31 What selection criteria does the Secretary use for all applications for a grant? The Secretary evaluates an application for a project under this program on the basis of the criteria in this section. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * I 35. Section 660.32 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: § 660.32 What additional selection criteria does the Secretary use for an application for a research project, a survey, or a study? PART 661—BUSINESS AND INTERNATIONAL EDUCATION PROGRAM in a notice published in the Federal Register. * * * * * 37. The authority citation for part 661 continues to read as follows: PART 663—FULBRIGHT-HAYS FACULTY RESEARCH ABROAD FELLOWSHIP PROGRAM I Authority: 20 U.S.C. 1130–1130b, unless otherwise noted. 38. Section 661.30 is revised to read as follows: I § 661.30 How does the Secretary evaluate an application? The Secretary evaluates an application for a grant under this program on the basis of the criteria in § 661.31. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. (Authority: 20 U.S.C. 1130a) 39. Section 661.31 is amended by— A. Removing all of the parentheticals that end in ‘‘points)’’; I B. In paragraph (e), adding the punctuation ‘‘.’’ after the word ‘‘resources’’; and I C. Revising the introductory text to read as follows: I I § 661.31 What selection criteria does the Secretary use? The Secretary evaluates an application for a grant under this program on the basis of the criteria in this section. * * * * * I § 663.21 What criteria does the Secretary use to evaluate an application for a fellowship? (a) General. The Secretary evaluates an application for a fellowship on the basis of the criteria in this section. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * PART 664—FULBRIGHT-HAYS GROUP PROJECTS ABROAD FELLOWSHIP PROGRAM 44. The authority citation for part 664 continues to read as follows: 40. The authority citation for part 662 continues to read as follows: I I Authority: Section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 (Fulbright-Hays Act), 22 U.S.C. 2452(b)(6), unless otherwise noted. § 660.33 What additional selection criteria does the Secretary use for an application to develop specialized instructional materials? § 662.21 What criteria does the Secretary use to evaluate an application for a fellowship? In addition to the criteria referred to in § 660.31, the Secretary evaluates an application to develop specialized instructional materials on the basis of the criteria in this section. * * * * * (a) General. The Secretary evaluates an application for a fellowship on the basis of the criteria in this section. The Secretary informs applicants of the maximum possible score for each criterion in the application package or Jkt 205001 43. Section 663.21 is amended by— A. Removing all of the parentheticals that end in ‘‘points)’’ and removing the parentheticals ‘‘(10)’’, ‘‘(15)’’, and ‘‘(5)’’ wherever they appear; and I B. Revising paragraph (a) to read as follows: I I 41. Section 662.21 is amended by— A. Removing all of the parentheticals that end in ‘‘points)’’ and removing the parentheticals ‘‘(10)’’, ‘‘(15)’’, and ‘‘(5)’’ wherever they appear; I B. In paragraph (c)(2), removing the word ‘‘a’’; and I C. Revising paragraph (a) to read as follows: 15:51 Mar 18, 2005 Authority: Sec. 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 (Fulbright-Hays Act), 22 U.S.C. 2452(b)(6), unless otherwise noted. PART 662—FULBRIGHT-HAYS DOCTORAL DISSERTATION RESEARCH ABROAD FELLOWSHIP PROGRAM In addition to the criteria referred to in § 660.31, the Secretary evaluates an application for a research project, study, or survey on the basis of the criteria in this section. * * * * * I 36. Section 660.33 is amended by— I A. Removing all of the parentheticals that end in ‘‘points)’’; and I B. Revising the introductory text to read as follows: VerDate jul<14>2003 42. The authority citation for part 663 continues to read as follows: I I I PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Authority: 22 U.S.C. 2452(b)(6), unless otherwise noted. 45. Section 664.30 is amended by— A. Revising paragraph (a); I B. Removing paragraph (b); and I C. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c), respectively. The revision reads as follows: I § 664.30 How does the Secretary evaluate an application? (a) The Secretary evaluates an application for a Group Project Abroad on the basis of the criteria in § 664.31. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. * * * * * I 46. Section 664.31 is amended by— I A. Removing all of the parentheticals that end in ‘‘points).’’ and removing the parenthetical that ends in ‘‘points)’’; and I B. Revising the introductory text to read as follows: E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations § 664.31 What selection criteria does the Secretary use? DEPARTMENT OF AGRICULTURE The Secretary uses the criteria in this section to evaluate applications for the purpose of recommending to the J. William Fulbright Foreign Scholarship Board Group Projects Abroad for funding under this part. * * * * * Forest Service PART 669—LANGUAGE RESOURCE CENTERS PROGRAM 47. The authority citation for part 669 continues to read as follows: I Authority: 20 U.S.C. 1123, unless otherwise noted. 48. Section 669.20 is revised to read as follows: I § 669.20 How does the Secretary evaluate an application? The Secretary evaluates an application for an award on the basis of the criteria contained in §§ 669.21 and 669.22. The Secretary informs applicants of the maximum possible score for each criterion in the application package or in a notice published in the Federal Register. (Authority: 20 U.S.C. 1123) 49. Section 669.21 is amended by— A. Removing all of the parentheticals that end in ‘‘points)’’; I B. In paragraph (c), removing the symbol ‘‘§’’; and I C. Revising the introductory text to read as follows: I I § 669.21 What selection criteria does the Secretary use? The Secretary evaluates an application on the basis of the criteria in this section. * * * * * [FR Doc. 05–5547 Filed 3–18–05; 8:45 am] BILLING CODE 4000–01–P 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 RIN 1018–AT46 Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2005–06 Subsistence Taking of Fish and Shellfish Regulations AGENCIES: Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. SUMMARY: This final rule establishes regulations for seasons, harvest limits, methods, and means related to taking of fish and shellfish for subsistence uses during the 2005–06 regulatory year. The rulemaking is necessary because Subpart D is subject to an annual public review cycle. This rulemaking replaces the fish and shellfish taking regulations included in the ‘‘Subsistence Management Regulations for Public Lands in Alaska, Subpart C and Subpart D—2004 Subsistence Taking of Fish and Wildlife Regulations,’’ which expire on March 31, 2005. This rule also amends the Customary and Traditional Use Determinations of the Federal Subsistence Board (Section ll.24 of Subpart C). DATES: Sections ll.24(a)(2) and (3) are effective April 1, 2005. Sections ll.27 and ll.28 are effective April 1, 2005, through March 31, 2006. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of Subsistence Management; (907) 786– 3888. For questions specific to National Forest System lands, contact Steve Kessler, Regional Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907) 786–3592. SUPPLEMENTARY INFORMATION: Background Title VIII of the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126) requires that the Secretary of the Interior and the Secretary of Agriculture (Secretaries) implement a joint program to grant a preference for subsistence uses of fish and wildlife resources on public lands, unless the State of Alaska VerDate jul<14>2003 15:51 Mar 18, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 13377 enacts and implements laws of general applicability that are consistent with ANILCA and that provide for the subsistence definition, preference, and participation specified in Sections 803, 804, and 805 of ANILCA. In 1978, the State implemented a program that the Department of the Interior previously found to be consistent with ANILCA. However, in December 1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska that the rural preference in the State subsistence statute violated the Alaska Constitution. The Court’s ruling in McDowell required the State to delete the rural preference from the subsistence statute and, therefore, negated State compliance with ANILCA. The Court stayed the effect of the decision until July 1, 1990. As a result of the McDowell decision, the Department of the Interior and the Department of Agriculture (Departments) assumed, on July 1, 1990, responsibility for implementation of Title VIII of ANILCA on public lands. On June 29, 1990, the Temporary Subsistence Management Regulations for Public Lands in Alaska were published in the Federal Register (55 FR 27114). On January 8, 1999 (64 FR 1276), the Departments extended jurisdiction to include waters in which there exists a Federal reserved water right. This amended rule conformed the Federal Subsistence Management Program to the Ninth Circuit’s ruling in Alaska v. Babbitt. Consistent with Subparts A, B, and C of these regulations as revised May 7, 2002 (67 FR 30559), the Departments established a Federal Subsistence Board to administer the Federal Subsistence Management Program. The Board’s composition includes a Chair appointed by the Secretary of the Interior with concurrence of the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional Director, U.S. National Park Service; the Alaska State Director, U.S. Bureau of Land Management; the Alaska Regional Director, U.S. Bureau of Indian Affairs; and the Alaska Regional Forester, USDA Forest Service. Through the Board, these agencies participated in the development of regulations for Subparts A, B, and C, and the annual Subpart D regulations. All Board members have reviewed this rule and agree with its substance. Because this rule relates to public lands managed by agencies in both the Departments of Agriculture and the Interior, identical text will be incorporated into 36 CFR part 242 and 50 CFR part 100. E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 70, Number 53 (Monday, March 21, 2005)]
[Rules and Regulations]
[Pages 13371-13377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5547]


=======================================================================
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DEPARTMENT OF EDUCATION

34 CFR Parts 606, 607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 
663, 664, and 669


Higher Education Programs

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: These final regulations remove all references to points in the 
selection criteria the Department of Education (Department) uses to 
evaluate applications submitted under the higher education 
discretionary grant programs. We are taking this action because the 
current point assignments are outdated and do not permit sufficient 
flexibility to establish important program objectives. Taking this 
action allows us that flexibility and ensures that grant awards are 
made to high quality applicants.
    The final regulations also remove the requirement that in 
competitions for grants under the Partnership and Teacher-Recruitment 
components of the Teacher Quality Enhancement Grants Program, the 
Secretary hold a two-stage competition in which applicants must submit 
a pre-application and a full application. The current structure did not 
prove effective in producing high quality applications for this 
program. Removing the requirement for a pre-application reduces burden 
on applicants and the Department and allows both to target their 
resources on the full application stage.
    There are some amendments in these final regulations that are 
purely technical corrections to the regulations.

DATES: These regulations are effective April 20, 2005.

FOR FURTHER INFORMATION CONTACT: Lorraine Kennedy, U.S. Department of 
Education, 1990 K Street, NW., room 8018, Washington, DC 20006-8544. 
Telephone: (202) 502-7762. Pamela Maimer, U.S. Department of Education, 
1990 K Street, NW., room 8014, Washington, DC 20006-8544. Telephone: 
(202) 502-7704.
    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 either contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: On December 22, 2004, the Secretary

[[Page 13372]]

published a notice of proposed rulemaking (NPRM) for 34 CFR parts 606, 
607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 663, 664, and 669 in 
the Federal Register (69 FR 76636). In the preamble of the NPRM, the 
Secretary discussed on pages 76636 and 76637 the major changes proposed 
to the current regulations. These are as follows:
     The Secretary proposed removing the mandatory point values 
from the selection criteria in the regulations associated with the 
application process for discretionary grant programs. These amendments 
provide the Secretary with the flexibility to select specific point 
values from year to year to address current priorities for the 
programs.
     The Secretary also proposed amending 34 CFR part 611, 
which governs the Teacher Quality Enhancement Grants (TQE) program. 
This amendment makes discretionary the existing requirement that in 
competitions for grants under the program's Partnership and Teacher-
Recruitment components, the Secretary conduct a two-stage process for 
selecting applicants involving the submission and review of pre-
applications and full applications.
    There were no differences between the NPRM and these final 
regulations.

Analysis of Comments

    In response to the Secretary's invitation in the NPRM, the 
Department did not receive any comments on the changes to the TQE 
program. Several parties submitted comments on the proposed regulations 
regarding removal of mandatory point values. An analysis of the 
comments follows.
    Generally, we do not address technical and other minor changes--and 
suggested changes the law does not authorize the Secretary to make.

Analysis of Comments and Changes

    Comments: Several commenters believed that the elimination of 
points will result in some institutions being denied the opportunity to 
compete for grants because they will not have enough time to prepare 
because of the change.
    Discussion: The Secretary does not agree that eliminating specific 
point values from the regulations will reduce the opportunity for 
potential grantees to compete for grants. The regulations continue to 
specify the criteria used in making the grants in each program. 
Moreover, the points to be awarded for each criteria will be specified 
in a Federal Register notice or in the application package, which will 
be available in enough time for potential applicants to prepare their 
applications.
    Change: None.
    Comment: Several commenters wrote that eliminating points from the 
criteria will result in a reduced focus on institutions that serve 
disadvantaged students or programs that serve a particular group.
    Discussion: The Secretary understands the concerns of the 
commenters. We do not believe that the proposed change will lead to 
reduced focus on institutions that serve disadvantaged students or 
particular groups of students. Removing point values from the 
regulations does not change the selection criteria or otherwise change 
the focus of the programs.
    Change: None.
    Comment: Several commenters stated that the elimination of points 
would result in a preference for four-year institutions over two-year 
institutions.
    Discussion: We have no reason to believe that the removal of points 
from the regulations will result in a preference for four-year 
institutions over two-year institutions in grant awards. The selection 
criteria will remain the same, so the removal of points will not effect 
the selection of applicants.
    Change: None.

Executive Order 12866

1. Potential Costs and Benefits

    We have reviewed these final regulations in accordance with 
Executive Order 12866. Under the terms of the order we have assessed 
the potential costs and benefits of this regulatory action.
    The potential costs associated with the final regulations are those 
resulting from statutory requirements and those we have determined to 
be necessary for administering these programs effectively and 
efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of these final regulations, we have determined that 
the benefits regulations 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. Summary of Potential Costs and Benefits

    We discussed the potential costs and benefits of these final 
regulations in the preamble to the NPRM in the section titled 
Supplementary Information.

Regulatory Flexibility Act Certification

    The Secretary certifies that these final regulations will not have 
a significant economic impact on a substantial number of small 
entities. Small entities affected by these regulations are small 
institutions of higher education. The changes will not have a 
significant economic impact on the institutions affected.

Paperwork Reduction Act of 1995

    The Paperwork Reduction Act of 1995 does not require you to respond 
to a collection of information unless it displays a valid OMB control 
number. We display the valid OMB control numbers assigned to 
collections of information in these final regulations at the end of the 
affected sections of the regulations.

Assessment of Educational Impact

    In the NPRM we requested comments on whether the proposed 
regulations would require transmission of information that any other 
agency or authority of the United States gathers or makes available.
    Based on the response to the NPRM and on our review, we have 
determined that these final regulations do not 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: 
http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/
nara/index.html.

List of Subjects

34 CFR Parts 606 and 607

    Colleges and universities, Grant programs--education, Reporting and 
recordkeeping requirements.

34 CFR Part 611

    Colleges and universities, Elementary and secondary education, 
Grant programs--education.

[[Page 13373]]

34 CFR Part 637

    Colleges and universities, Educational study programs, Equal 
educational opportunity, Grant programs--education, Reporting and 
recordkeeping requirements, Science and technology, Women.

34 CFR Part 648

    Colleges and universities, Grant programs--education, Reporting and 
recordkeeping requirements, Scholarships and fellowships.

34 CFR Part 656

    Colleges and universities, Cultural exchange programs, Educational 
study programs, Grant programs--education, Reporting and recordkeeping 
requirements.

34 CFR Part 657

    Colleges and universities, Cultural exchange programs, Educational 
study programs, Grant programs--education, Reporting and recordkeeping 
requirements, Scholarships and fellowships.

34 CFR Part 658

    Colleges and universities, Cultural exchange programs, Educational 
study programs, Grant programs--education.

34 CFR Part 660

    Colleges and universities, Cultural exchange programs, Educational 
Research, Educational study programs, Grant programs--education.

34 CFR Part 661

    Business and industry, Colleges and universities, Educational study 
programs, Grant programs--education, Student aid.

34 CFR Part 662

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Scholarships and fellowships.

34 CFR Part 663

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Scholarships and fellowships, 
Teachers.

34 CFR Part 664

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Teachers.

34 CFR Part 669

    Colleges and universities, Educational Research, Educational study 
programs, Grant programs--education, Reporting and recordkeeping 
requirements, Teachers.

    Dated: March 16, 2005.
Sally L. Stroup,
Assistant Secretary for Postsecondary Education.

0
For the reasons discussed in the preamble, the Secretary amends parts 
606, 607, 611, 637, 648, 656, 657, 658, 660, 661, 662, 663, 664, and 
669 of title 34 of the Code of Federal Regulations as follows:

PART 606--DEVELOPING HISPANIC-SERVING INSTITUTIONS PROGRAM

0
1. The authority citation for part 606 continues to read as follows:

    Authority: 20 U.S.C. 1101 et seq., unless otherwise noted.


0
2. Section 606.20 is amended by--
0
A. Revising paragraph (b);
0
B. In paragraph (c)(1), removing the words ``scores at least 50 
points'' and adding, in their place, the words ``meets the 
requirements''; and
0
C. Removing paragraph (c)(2)(i) and redesignating paragraphs (c)(2)(ii) 
and (c)(2)(iii) as paragraphs (c)(2)(i) and (c)(2)(ii), respectively.
    The revision reads as follows:


Sec.  606.20  How does the Secretary choose applications for funding?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *

0
3. Section 606.21 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  606.21  What are the selection criteria for planning grants?

    The Secretary evaluates an application for a planning grant on the 
basis of the criteria in this section.
* * * * *

0
4. Section 606.22 is amended by--
0
A. Revising the introductory text;
0
B. Removing all of the parentheticals that end in ``points)'';
0
C. In paragraphs (a)(1) and (a)(2), removing the punctuation ``.''; and
0
D. In paragraph (a)(3), adding the word ``and'' after the punctuation 
``;''.
    The revision reads as follows:


Sec.  606.22  What are the selection criteria for development grants?

    The Secretary evaluates an application for a development grant on 
the basis of the criteria in this section.
* * * * *
0
5. Section 606.23 is amended by--
0
A. Removing all of the parentheticals that end in ``point)''; and
0
B. Revising the introductory text of paragraphs (a) and (b) to read as 
follows:


Sec.  606.23  What special funding consideration does the Secretary 
provide?

    (a) If funds are available to fund only one additional planning 
grant and each of the next fundable applications has received the same 
number of points under Sec.  606.20 or 606.21, the Secretary awards 
additional points, as provided in the application package or in a 
notice published in the Federal Register, to any of those applicants 
that--
* * * * *
    (b) If funds are available to fund only one additional development 
grant and each of the next fundable applications has received the same 
number of points under Sec.  606.20 or 606.22, the Secretary awards 
additional points, as provided in the application package or in a 
notice published in the Federal Register, to any of those applicants 
that--
* * * * *

PART 607--STRENGTHENING INSTITUTIONS PROGRAM

0
6. The authority citation for part 607 continues to read as follows:

    Authority: 20 U.S.C. 1507-1509c, 1066-1069f, unless otherwise 
noted.


0
7. Section 607.20 is amended by--
0
A. Removing paragraph (c) and redesignating paragraphs (b)(1) and (2) 
as paragraphs (c)(1) and (2), respectively;
0
B. In redesignated paragraph (c)(2), removing the reference to 
``(b)(1)'' and adding, in its place, the reference ``(c)(1)'';
0
C. Adding a new paragraph (b); and
0
D. Revising paragraph (d).
    The addition and revision read as follows:


Sec.  607.20  How does the Secretary choose applications for funding?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *
    (d) The Secretary considers funding an application for a 
development grant that--
    (1) Is submitted with a comprehensive development plan that 
satisfies all the elements required of such a plan under Sec.  607.8; 
and
    (2) In the case of an application for a cooperative arrangement 
grant, demonstrates that the grant will enable each eligible 
participant to meet the goals and objectives of its comprehensive 
development plan better

[[Page 13374]]

and at a lower cost than if each eligible participant were funded 
individually.
* * * * *

0
8. Section 607.21 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  607.21  What are the selection criteria for planning grants?

    The Secretary evaluates an application for a planning grant on the 
basis of the criteria in this section.
* * * * *
0
9. Section 607.22 is amended by--
0
A. Revising the introductory text;
0
B. Removing all of the parentheticals that end in ``points)'';
0
C. In paragraphs (a)(1) and (a)(2), removing the punctuation ``.''; and
0
D. In paragraph (a)(3), adding the word ``and'' after the punctuation 
``;''.
    The revision reads as follows:


Sec.  607.22  What are the selection criteria for development grants?

    The Secretary evaluates an application for a development grant on 
the basis of the criteria in this section.
* * * * *

0
10. Section 607.23 is amended by--
0
A. Removing all of the parentheticals that end in ``point)''; and
0
B. Revising the introductory text of paragraphs (a) and (b) to read as 
follows:


Sec.  607.23  What special funding consideration does the Secretary 
provide?

    (a) If funds are available to fund only one additional planning 
grant and each of the next fundable applications has received the same 
number of points under Sec.  607.20 or 607.21, the Secretary awards 
additional points, as provided in the application package or in a 
notice published in the Federal Register, to any of those applicants 
that--
* * * * *
    (b) If funds are available to fund only one additional development 
grant and each of the next fundable applications has received the same 
number of points under Sec.  607.20 or 607.22, the Secretary awards 
additional points, as provided in the application package or in a 
notice published in the Federal Register, to any of those applicants 
that--
* * * * *

PART 611--TEACHER QUALITY ENHANCEMENT GRANTS PROGRAM

0
11. The authority citation for part 611 continues to read as follows:

    Authority: 20 U.S.C. 1021 et seq. and 1024(e), unless otherwise 
noted.


Sec.  611.2  [Amended]

0
12. Section 611.2 is amended by, in paragraph (a), removing the words 
``paragraphs (a)(1), (a)(2)(iii), or (a)(3)(iii) of Sec.  611.3'' and 
adding, in their place, the words ``paragraphs (a)(1), (a)(2)(i)(B), 
(a)(2)(ii), (a)(3)(i)(B), or (a)(3)(ii) of Sec.  611.3''.
0
13. Section 611.3 is amended by--
0
A. Revising paragraphs (a)(2) and (a)(3); and
0
B. In paragraph (b), removing the words ``paragraphs (b)(2)(ii) and 
(b)(3)(ii)'' and adding, in their place, the words ``paragraphs 
(a)(2)(i)(A) and (a)(3)(i)(A)''.
    The revisions read as follows:


Sec.  611.3  What procedures does the Secretary use to award a grant?

* * * * *
    (a) * * *
    (2) For the Partnership Grants Program, the Secretary may use a 
two-stage application process to determine which applications to fund.
    (i) If the Secretary uses a two-stage application process, the 
Secretary uses--
    (A) The selection criteria in Sec. Sec.  611.21 through 611.22 to 
evaluate pre-applications submitted for new grants, and to determine 
those applicants to invite to submit full program applications; and
    (B) For those applicants invited to submit full applications, the 
selection criteria and competitive preference in Sec. Sec.  611.23 
through 611.25 to evaluate the full program applications.
    (ii) If the Secretary does not use a two-stage application process, 
the Secretary uses the selection criteria and competitive preference in 
Sec. Sec.  611.23 through 611.25 to evaluate applications.
    (3) For the Teacher Recruitment Grants Program, the Secretary may 
use a two-stage application process to determine which applications to 
fund.
    (i) If the Secretary uses a two-stage application process, the 
Secretary uses--
    (A) The selection criteria in Sec.  611.31 to evaluate pre-
applications submitted for new grants, and to determine those 
applicants to invite to submit full program applications; and
    (B) For those applicants invited to submit full applications, the 
selection criteria in Sec.  611.32 to evaluate the full program 
applications.
    (ii) If the Secretary does not use a two-stage application process, 
the Secretary uses the selection criteria in Sec.  611.32 to evaluate 
applications.
* * * * *

PART 637--MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM

0
14. The authority citation for part 637 continues to read as follows:

    Authority: 20 U.S.C. 1067-1067c, 1067g-1067k, 1068, 1068b, 
unless otherwise noted.


0
15. Section 637.31 is amended by--
0
A. Revising paragraph (b); and
0
B. Removing paragraph (c) and redesignating paragraphs (d)(1), (2), and 
(3) as paragraphs (c)(1), (2), and (3), respectively.
    The revision reads as follows:


Sec.  637.31  How does the Secretary evaluate an application?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *

0
16. Section 637.32 is amended by--
0
A. Revising the introductory text;
0
B. Removing all of the parentheticals that end in ``points)'';
0
C. In paragraph (a)(2)(v), removing the parenthetical ``(See EDGAR 34 
CFR 75.581)'' and adding, in its place, the parenthetical ``(See 34 CFR 
75.580)''.
0
D. In paragraph (b)(2)(iv), removing the word ``groups'' the second 
time it appears and adding, in its place, the word ``group'';
0
E. In paragraph (d)(1), removing the parenthetical ``(See EDGAR 34 CFR 
75.590--Evaluation by the grantee; where applicable)'' and adding, in 
its place, the parenthetical ``(See 34 CFR 75.590)'';
0
F. Removing the authority citation that appears immediately before 
paragraph (f); and
0
G. Revising paragraph (f)(2)(iii).
    The revisions read as follows:


Sec.  637.32  What selection criteria does the Secretary use?

    The Secretary evaluates applications on the basis of the criteria 
in this section.
* * * * *
    (f) * * *
    (2) * * *
    (iii) Involvement of appropriate individuals, especially science 
faculty, in identifying the institutional needs.
* * * * *

PART 648--GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED

0
17. The authority citation for part 648 continues to read as follows:

    Authority: 20 U.S.C. 1135-1135ee, unless otherwise noted.


[[Page 13375]]


0
18. Section 648.30 is amended by--
0
A. Revising paragraph (b); and
0
B. Removing paragraph (c).
    The revision reads as follows:


Sec.  648.30  How does the Secretary evaluate an application?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *

0
19. Section 648.31 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  648.31  What selection criteria does the Secretary use?

    The Secretary evaluates an application on the basis of the criteria 
in this section.
* * * * *

PART 656--NATIONAL RESOURCE CENTERS PROGRAM FOR FOREIGN LANGUAGE 
AND AREA STUDIES OR FOREIGN LANGUAGE AND INTERNATIONAL STUDIES

0
20. The authority citation for part 656 continues to read as follows:

    Authority: 20 U.S.C. 1122, unless otherwise noted.


0
21. Section 656.20 is amended by revising paragraph (b) to read as 
follows:


Sec.  656.20  How does the Secretary evaluate an application?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *

0
22. Section 656.21 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  656.21  What selection criteria does the Secretary use to 
evaluate an application for a comprehensive Center?

    The Secretary evaluates an application for a comprehensive Center 
on the basis of the criteria in this section.
* * * * *

0
23. Section 656.22 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  656.22  What selection criteria does the Secretary use to 
evaluate an application for an undergraduate Center?

    The Secretary evaluates an application for an undergraduate Center 
on the basis of the criteria in this section.
* * * * *

PART 657--FOREIGN LANGUAGE AND AREA STUDIES FELLOWSHIPS PROGRAM

0
24. The authority citation for part 657 continues to read as follows:

    Authority: 20 U.S.C. 1122, unless otherwise noted.


0
25. Section 657.20 is amended by--
0
A. In paragraph (a), adding the word ``institutional'' before the word 
``application''; and
0
B. Revising paragraph (b) to read as follows:


Sec.  657.20  How does the Secretary evaluate an institutional 
application for an allocation of fellowships?

* * * * *
    (b) The Secretary informs applicants of the maximum possible score 
for each criterion in the application package or in a notice published 
in the Federal Register.
* * * * *

0
26. Section 657.21 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Adding introductory text to read as follows:


Sec.  657.21  What criteria does the Secretary use in selecting 
institutions for an allocation of fellowships?

    The Secretary evaluates an institutional application for an 
allocation of fellowships on the basis of the criteria in this section.
* * * * *

PART 658--UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN LANGUAGE 
PROGRAM

0
27. The authority citation for part 658 continues to read as follows:

    Authority: 20 U.S.C. 1124, unless otherwise noted.


0
28. Section 658.30 is revised to read as follows:


Sec.  658.30  How does the Secretary evaluate an application?

    (a) The Secretary evaluates an application from an institution of 
higher education or a combination of such institutions on the basis of 
the criteria in Sec. Sec.  658.31 and 658.32. The Secretary informs 
applicants of the maximum possible score for each criterion in the 
application package or in a notice published in the Federal Register.
    (b) The Secretary evaluates an application from an agency or 
organization or professional or scholarly association on the basis of 
the criteria in Sec. Sec.  658.31 and 658.33. The Secretary informs 
applicants of the maximum possible score for each criterion in the 
application package or in a notice published in the Federal Register.

(Authority: 20 U.S.C. 1124)


0
29. Section 658.31 is amended by--
0
A. Removing the parentheticals ``(10)'' and ``(5)'' each time they 
appear; and
0
B. Revising the introductory text to read as follows:


Sec.  658.31  What selection criteria does the Secretary use?

    The Secretary evaluates an application for a project under this 
program on the basis of the criteria in this section.
* * * * *

0
30. Section 658.32 is amended by--
0
A. Removing the parentheticals ``(15)'' and ``(10)'' each time they 
appear; and
0
B. Revising the introductory text to read as follows:


Sec.  658.32  What additional criteria does the Secretary apply to 
institutional applications?

    In addition to the criteria referred to in Sec.  658.31, the 
Secretary evaluates an application submitted by an institution of 
higher education or a combination of such institutions on the basis of 
the criteria in this section.
* * * * *

0
31. Section 658.33 is amended by--
0
A. In paragraph (a), removing the parenthetical ``(30)''; and
0
B. Revising the introductory text to read as follows:


Sec.  658.33  What additional criterion does the Secretary apply to 
applications from organizations and associations?

    In addition to the criteria referred to in Sec.  658.31, the 
Secretary evaluates an application submitted by an organization or 
association on the basis of the criterion in this section.
* * * * *

PART 660--THE INTERNATIONAL RESEARCH AND STUDIES PROGRAM

0
32. The authority citation for part 660 continues to read as follows:

    Authority: 20 U.S.C. 1125, unless otherwise noted.


0
33. Section 660.30 is revised to read as follows:

[[Page 13376]]

Sec.  660.30  How does the Secretary evaluate an application?

    (a) The Secretary evaluates an application for a research project, 
a study, or a survey on the basis of the criteria in Sec. Sec.  660.31 
and 660.32. The Secretary informs applicants of the maximum possible 
score for each criterion in the application package or in a notice 
published in the Federal Register.
    (b) The Secretary evaluates an application for the development of 
specialized instructional materials on the basis of the criteria in 
Sec. Sec.  660.31 and 660.33. The Secretary informs applicants of the 
maximum possible score for each criterion in the application package or 
in a notice published in the Federal Register.

(Authority: 20 U.S.C. 1125)


0
34. Section 660.31 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  660.31  What selection criteria does the Secretary use for all 
applications for a grant?

    The Secretary evaluates an application for a project under this 
program on the basis of the criteria in this section. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.
* * * * *

0
35. Section 660.32 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  660.32  What additional selection criteria does the Secretary use 
for an application for a research project, a survey, or a study?

    In addition to the criteria referred to in Sec.  660.31, the 
Secretary evaluates an application for a research project, study, or 
survey on the basis of the criteria in this section.
* * * * *

0
36. Section 660.33 is amended by--
0
A. Removing all of the parentheticals that end in ``points)''; and
0
B. Revising the introductory text to read as follows:


Sec.  660.33  What additional selection criteria does the Secretary use 
for an application to develop specialized instructional materials?

    In addition to the criteria referred to in Sec.  660.31, the 
Secretary evaluates an application to develop specialized instructional 
materials on the basis of the criteria in this section.
* * * * *

PART 661--BUSINESS AND INTERNATIONAL EDUCATION PROGRAM

0
37. The authority citation for part 661 continues to read as follows:

    Authority: 20 U.S.C. 1130-1130b, unless otherwise noted.


0
38. Section 661.30 is revised to read as follows:


Sec.  661.30  How does the Secretary evaluate an application?

    The Secretary evaluates an application for a grant under this 
program on the basis of the criteria in Sec.  661.31. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.

(Authority: 20 U.S.C. 1130a)


0
39. Section 661.31 is amended by--
0
A. Removing all of the parentheticals that end in ``points)'';
0
B. In paragraph (e), adding the punctuation ``.'' after the word 
``resources''; and
0
C. Revising the introductory text to read as follows:


Sec.  661.31  What selection criteria does the Secretary use?

    The Secretary evaluates an application for a grant under this 
program on the basis of the criteria in this section.
* * * * *

PART 662--FULBRIGHT-HAYS DOCTORAL DISSERTATION RESEARCH ABROAD 
FELLOWSHIP PROGRAM

0
40. The authority citation for part 662 continues to read as follows:

    Authority: Section 102(b)(6) of the Mutual Educational and 
Cultural Exchange Act of 1961 (Fulbright-Hays Act), 22 U.S.C. 
2452(b)(6), unless otherwise noted.


0
41. Section 662.21 is amended by--
0
A. Removing all of the parentheticals that end in ``points)'' and 
removing the parentheticals ``(10)'', ``(15)'', and ``(5)'' wherever 
they appear;
0
B. In paragraph (c)(2), removing the word ``a''; and
0
C. Revising paragraph (a) to read as follows:


Sec.  662.21  What criteria does the Secretary use to evaluate an 
application for a fellowship?

    (a) General. The Secretary evaluates an application for a 
fellowship on the basis of the criteria in this section. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.
* * * * *

PART 663--FULBRIGHT-HAYS FACULTY RESEARCH ABROAD FELLOWSHIP PROGRAM

0
42. The authority citation for part 663 continues to read as follows:

    Authority: Sec. 102(b)(6) of the Mutual Educational and Cultural 
Exchange Act of 1961 (Fulbright-Hays Act), 22 U.S.C. 2452(b)(6), 
unless otherwise noted.


0
43. Section 663.21 is amended by--
0
A. Removing all of the parentheticals that end in ``points)'' and 
removing the parentheticals ``(10)'', ``(15)'', and ``(5)'' wherever 
they appear; and
0
B. Revising paragraph (a) to read as follows:


Sec.  663.21  What criteria does the Secretary use to evaluate an 
application for a fellowship?

    (a) General. The Secretary evaluates an application for a 
fellowship on the basis of the criteria in this section. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.
* * * * *

PART 664--FULBRIGHT-HAYS GROUP PROJECTS ABROAD FELLOWSHIP PROGRAM

0
44. The authority citation for part 664 continues to read as follows:

    Authority: 22 U.S.C. 2452(b)(6), unless otherwise noted.


0
45. Section 664.30 is amended by--
0
A. Revising paragraph (a);
0
B. Removing paragraph (b); and
0
C. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c), 
respectively.
    The revision reads as follows:


Sec.  664.30  How does the Secretary evaluate an application?

    (a) The Secretary evaluates an application for a Group Project 
Abroad on the basis of the criteria in Sec.  664.31. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.
* * * * *

0
46. Section 664.31 is amended by--
0
A. Removing all of the parentheticals that end in ``points).'' and 
removing the parenthetical that ends in ``points)''; and
0
B. Revising the introductory text to read as follows:

[[Page 13377]]

Sec.  664.31  What selection criteria does the Secretary use?

    The Secretary uses the criteria in this section to evaluate 
applications for the purpose of recommending to the J. William 
Fulbright Foreign Scholarship Board Group Projects Abroad for funding 
under this part.
* * * * *

PART 669--LANGUAGE RESOURCE CENTERS PROGRAM

0
47. The authority citation for part 669 continues to read as follows:

    Authority: 20 U.S.C. 1123, unless otherwise noted.


0
48. Section 669.20 is revised to read as follows:


Sec.  669.20  How does the Secretary evaluate an application?

    The Secretary evaluates an application for an award on the basis of 
the criteria contained in Sec. Sec.  669.21 and 669.22. The Secretary 
informs applicants of the maximum possible score for each criterion in 
the application package or in a notice published in the Federal 
Register.

(Authority: 20 U.S.C. 1123)


0
49. Section 669.21 is amended by--
0
A. Removing all of the parentheticals that end in ``points)'';
0
B. In paragraph (c), removing the symbol ``Sec. ''; and
0
C. Revising the introductory text to read as follows:


Sec.  669.21  What selection criteria does the Secretary use?

    The Secretary evaluates an application on the basis of the criteria 
in this section.
* * * * *

[FR Doc. 05-5547 Filed 3-18-05; 8:45 am]
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