Higher Education Programs, 13371-13377 [05-5547]
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Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations
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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
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policy).
Paragraph (b) Required written policy
information.
Paragraph (d) Organization of internal
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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
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Paragraph (c) General requirements
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1915.508—Training
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Paragraph (b) Training for all
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Paragraph (c) Additional training
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Paragraph (e) Additional training
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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.
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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
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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) ...............................
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1218–0248
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[FR Doc. 05–5500 Filed 3–18–05; 8:45 am]
BILLING CODE 4510–26–M
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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
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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.
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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: 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.
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: https://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
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34 CFR Part 611
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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:
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*
(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.
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*
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.
*
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*
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.
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*
I 5. Section 606.23 is amended by—
I A. Removing all of the parentheticals
that end in ‘‘point)’’; and
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I
§ 607.20 How does the Secretary choose
applications for funding?
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(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.
*
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*
*
(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
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and at a lower cost than if each eligible
participant were funded individually.
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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.
*
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*
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.
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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?
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*
(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.
*
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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.
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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:
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17:30 Mar 18, 2005
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*
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
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§ 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
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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:
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42. The authority citation for part 663
continues to read as follows:
I
I
I
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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:
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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
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15:51 Mar 18, 2005
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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:
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/.
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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