Office of Postsecondary Education; Strengthening Institutions Program (SIP), American Indian Tribally Controlled Colleges and Universities (TCCU), Alaska Native and Native Hawaiian-Serving Institutions (ANNH), Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI), Native American Serving Nontribal Institutions (NASNTI), Developing Hispanic-Serving Institutions (HSI), Promoting Postbaccalaureate Opportunities for Hispanic Americans (PPOHA), and Predominantly Black Institutions (PBI) Programs for Fiscal Year (FY) 2010, 64059-64062 [E9-28996]

Download as PDF Dated: December 1, 2009. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. E9–29022 Filed 12–4–09; 8:45 am] erowe on DSK5CLS3C1PROD with NOTICES BILLING CODE 5001–06–C DEPARTMENT OF EDUCATION [CFDA NO. 84.031H] Office of Postsecondary Education; Strengthening Institutions Program (SIP), American Indian Tribally Controlled Colleges and Universities (TCCU), Alaska Native and Native Hawaiian-Serving Institutions (ANNH), Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI), Native American Serving Nontribal Institutions (NASNTI), Developing Hispanic-Serving Institutions (HSI), Promoting Postbaccalaureate Opportunities for Hispanic Americans (PPOHA), and Predominantly Black Institutions (PBI) Programs for Fiscal Year (FY) 2010 Purpose of Programs: The SIP, TCCU, ANNH, AANAPISI, NASNTI and PBI Programs are authorized under Title III, VerDate Nov<24>2008 14:05 Dec 04, 2009 Jkt 220001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 64059 Part A, of the Higher Education Act of 1965, as amended (HEA). Under these programs, institutions of higher education (IHEs or institutions) are eligible to apply for grants if they meet specific statutory and regulatory eligibility requirements. Similarly, IHEs are eligible to apply for grants under Title V of the HEA if they meet specific statutory and regulatory requirements. The HSI and PPOHA Programs are authorized under Title V, Parts A and B of the HEA. In addition, under Title III of the HEA, institutions applying for grants under the AANAPISI and NASNTI Programs must be eligible institutions as defined in section 312(b) of the HEA. Institutions applying for grants under the PBI Program must be eligible institutions as defined in section 318(b)(1). An IHE that is designated as an eligible institution may also receive a E:\FR\FM\07DEN1.SGM 07DEN1 EN07DE09.003</GPH> Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Notices 64060 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Notices waiver of certain non-Federal cost-share requirements under the Federal Supplemental Educational Opportunity Grant (FSEOG), the Federal Work Study (FWS), the Student Support Services (SSS), and the Undergraduate International Studies and Foreign Language (UISFL) Programs. The FSEOG, FWS, and SSS Programs are authorized under Title IV of the HEA. The UISFL Program is authorized under Title VI of the HEA. Qualified institutions may receive these waivers even if they are not recipients of grant funds under the Title III or Title V Programs. Special Note: To qualify as an eligible institution under the Title III or Title V Programs, your institution must satisfy several criteria, including one related to needy student enrollment and one related to average educational and general (E&G) expenditures for a specified base year. The most recent data available for E&G expenditures are for base year 2007–2008. In order to award FY 2010 grants in a timely manner, we will use the most recent data available. Therefore, we use E&G expenditure threshold data from the base year 2007–2008. In completing your eligibility application, please use E&G expenditure data from the base year 2007–2008. If you are designated as an eligible institution and you do not receive a new award under the Title III or Title V Programs in FY 2010, your eligibility for the non-Federal cost-share waiver under the FSEOG, the FWS, the SSS, and the UISFL Programs is valid for five consecutive years. You will not need to reapply for eligibility until 2015, unless you wish to apply for a new Title III or Title V grant. All institutions interested in applying for a new FY 2010 Title III or Title V grant or requesting a waiver of the non-Federal cost share, must apply for eligibility designation in FY 2010. Under the HEA, any institution interested in applying for a grant under any of these programs must first be designated as an eligible institution. Eligible Applicants: To qualify as an eligible institution under the Title III or Title V Programs, an accredited institution must, among other requirements, have an enrollment of needy students, and its average E&G expenditures per full-time equivalent (FTE) undergraduate student must be low in comparison with the average E&G expenditures per FTE undergraduate student of institutions that offer similar instruction. The eligibility requirements for the Title III Programs are found in 34 CFR 607.2 through 607.5. The regulations may be accessed at the following Web site: http://www.access.gpo.gov/nara/ cfr/waisidx_02/34cfr607_02.html. The eligibility requirements for the Title V, HSI Program are found in 34 CFR 606.2 through 34 CFR 606.5. The regulations may be accessed at the following Web site: http:// www.access.gpo.gov/nara/cfr/ waisidx_01/34cfr606_01.html. Enrollment of Needy Students: Under 34 CFR 606.3(a) and 607.3(a), an institution is considered to have an enrollment of needy students if: (1) At least 50 percent of its degree students received financial assistance under one or more of the following programs: Federal Pell Grant, FSEOG, FWS, or the Federal Perkins Loan Programs; or (2) the percentage of its undergraduate degree students who were enrolled on at least a half-time basis and received Federal Pell Grants exceeded the median percentage of undergraduate degree students who were enrolled on at least a half-time basis and received Federal Pell Grants at comparable institutions that offer similar instruction. To qualify under this latter criterion, an institution’s Federal Pell Grant percentage for base year 2007–2008 must be more than the median for its category of comparable institutions provided in the 2007–2008 Median Pell Grant and Average E&G Expenditures per FTE Student Table in this notice. For the PBI Program, see section 318(b)(2) of the HEA for the definition of ‘‘Enrollment of Needy Students.’’ Educational and General Expenditures Per FTE Student: An institution should compare its 2007–2008 average E&G expenditures per FTE student to the average E&G expenditure per FTE student for its category of comparable institutions contained in the 2007–2008 Median Pell Grant and Average E&G Expenditures per FTE Student Table in this notice. The institution meets this eligibility requirement if its average E&G expenditures for the 2007–2008 base year are less than the average for its category of comparable institutions. An institution’s average E&G expenditures are the total amount it expended during the base year for instruction, research, public service, academic support, student services, institutional support including library expenditures, operation and maintenance, scholarships and fellowships, and mandatory transfers. The following table identifies the relevant median Federal Pell Grant percentages for the base year 2007–2008 and the relevant average E&G expenditures per FTE student for the base year 2007–2008 for the four categories of comparable institutions: 2007–2008 Median Pell Grant percentage Type of institution erowe on DSK5CLS3C1PROD with NOTICES 2-year 2-year 4-year 4-year Public Institutions Non-profit Private Public Institutions Non-profit Private 24.4 35.7 24.7 25.4 $11,023 23,870 26,849 43,037 ............................................................................................................................. Institutions ........................................................................................................... ............................................................................................................................. Institutions ........................................................................................................... Waiver Information: IHEs that are unable to meet the needy student enrollment requirement or the average E&G expenditures requirement may apply to the Secretary for waivers of these requirements, as described in 34 CFR 606.3(b), 606.4(c) and (d), 607.3(b), and 607.4(c) and (d). Institutions requesting a waiver of the needy student enrollment requirement or the average E&G expenditures VerDate Nov<24>2008 2007–2008 Average E&G expenditures per FTE student 14:05 Dec 04, 2009 Jkt 220001 requirement must include in their application detailed information supporting the waiver request, as described in the instructions for completing the application. The regulations governing the Secretary’s authority to waive the needy student requirement, 34 CFR 606.3(b)(2) and (3) and 607.3(b)(2) and (3), refer to ‘‘low-income’’ students or families. The regulations at 34 CFR 606.3(c) and PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 607.3(c) define ‘‘low-income’’ as an amount that does not exceed 150 percent of the amount equal to the poverty level, as established by the U.S. Bureau of the Census. For the purposes of this waiver provision, the following table sets forth the low-income levels for the various sizes of families: E:\FR\FM\07DEN1.SGM 07DEN1 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Notices 64061 2007 ANNUAL LOW-INCOME LEVELS Family income for the 48 contiguous states, D.C., and outlying jurisdictions Size of family unit 1 2 3 4 5 6 7 8 ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. ................................................................................................................................. erowe on DSK5CLS3C1PROD with NOTICES Note: The 2007 annual low-income levels are being used because those are the amounts that apply to the family income reported by students enrolled for the fall 2007 semester. For family units with more than eight members, add the following amount for each additional family member: $5,220 for the contiguous 48 States, the District of Columbia and outlying jurisdictions; $6,525 for Alaska; and $6,000 for Hawaii. The figures shown under family income represent amounts equal to 150 percent of the family income levels established by the U.S. Bureau of the Census for determining poverty status. The poverty guidelines were published by the U.S. Department of Health and Human Services in the Federal Register on January 24, 2007 (72 FR 3147–3148). The information about ‘‘metropolitan statistical areas’’ referenced in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the Metropolitan Statistical Areas, 1999 Publication, Order Number PB99–501538, from the National Technical Information Service, Document Sales, 5301 Shawnee Road, Alexandria, VA 22312, telephone number: 1–800–553–6847. There is a charge for this publication. Applications Available: December 7, 2009. Deadline for Transmittal Of Applications: January 6, 2010 for an applicant institution that wishes to be designated as eligible to apply for a FY 2010 new grant under the Title III or Title V Programs and February 22, 2010 for an applicant institution that wishes to apply only for cost-sharing waivers under the FSEOG, FWS, SSS, or UISFL Programs. Electronic Submission of Applications: Applications for designation of eligibility must be submitted electronically using the following Web site: https://opeweb.ed.gov/title3and5. To enter the Web site, you must use your institution’s unique 8-digit identifier, i.e., your Office of Postsecondary Education Identification Number (OPE ID Number). Your VerDate Nov<24>2008 14:05 Dec 04, 2009 Jkt 220001 Family income for Alaska Family income for Hawaii $15,315 20,535 25,755 30,975 36,195 41,415 46,635 51,855 $19,155 25,680 32,205 38,730 45,255 51,780 58,305 64,830 $17,625 23,625 29,625 35,625 41,625 47,625 53,625 59,625 business office or student financial aid office should have the OPE ID Number. If not, contact the Department using the e-mail addresses of the contact persons listed in this notice under For Applications and Further Information Contact. You will find detailed instructions for completing the application form electronically under the ‘‘eligibility 2010’’ link at either of the following Web sites: http://www.ed.gov/programs/ iduestitle3a/index.html or http:// www.ed.gov/hsi. If your institution is unable to meet the needy student enrollment requirement or the average E&G expenditure requirement and wishes to request a waiver of one or both of these requirements, you must complete your designation application form electronically and transmit your waiver request narrative document from the following Web site: https:// opeweb.ed.gov/title3and5. Exception to Electronic Submission Requirement: You may qualify for an exception to the electronic submission requirement and may submit your application in paper format if you are unable to submit an application electronically because— • You do not have access to the Internet; or • You do not have the capacity to upload documents to the Web site; and • No later than two weeks before the application deadline date (14 calendar days; or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 20006–8513. Fax: (202) 502–7861. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. Submission of Paper Applications by Mail. If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier), your application to the Department. You must mail the application, on or before the application deadline date, to the Department at the following address: By mail through the U.S. Postal Service or commercial carrier: Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 20006–8513. You must show proof of mailing consisting of one of the following: (1) A legibly dated U.S. Postal Service postmark, (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service, (3) A dated shipping label, invoice, or receipt from a commercial carrier, or (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing: (1) A private metered postmark, or (2) A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. E:\FR\FM\07DEN1.SGM 07DEN1 64062 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / Notices Submission of Paper Applications by Hand Delivery. If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the application, on or before the application deadline date, to the Department at the following address: Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 20006–8513. Hand delivered applications will be accepted daily between 8:00 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Applicable Regulations: (a) The Education Department General Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 86, 97, 98, and 99. (b) The regulations for the Title III Programs in 34 CFR part 607, and for the HSI Program in 34 CFR part 606. erowe on DSK5CLS3C1PROD with NOTICES Note: There are no program-specific regulations for the AANAPISI, NASNTI, PBI, and the PPHOA Programs. Accordingly, we encourage each potential applicant to read the HEA, the authorizing statute for these programs. For Applications and Further Information Contact: Kelley Harris or Carnisia Proctor, Institutional Development and Undergraduate Education Service, U.S. Department of Education, 1990 K Street, NW., Room 6033, Request for Eligibility Designation, Washington, DC 20006– 8513. You may contact these individuals at the following e-mail addresses or phone numbers: Kelley.Harris@ed.gov, 202– 219–7083. Carnisia.Proctor@ed.gov, 202–502–7606. 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 accessible format (e.g., braille, large print, audio tape, or computer diskette) on request to the contact persons listed in this section. Electronic Access to This Document: You can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF) 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. Note: The official version of this document is the document published in the Federal VerDate Nov<24>2008 14:05 Dec 04, 2009 Jkt 220001 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. Program Authority: 20 U.S.C. 1057–1059d, 1101–1103g, and amendments to Titles III and V of the HEA by Pub. L. 110–315, (20 U.S.C. 1059e (PBI), 20 U.S.C. 1069f (NASNTI), and 20 U.S.C. 1059g (AANAPISI). Delegation of Authority: The Secretary of Education has delegated authority to Daniel T. Madzelan, Director, Forecasting and Policy Analysis for the Office of Postsecondary Education, to perform the functions and duties of the Assistant Secretary for Postsecondary Education. Dated: December 1, 2009. Daniel T. Madzelan, Director, Forecasting and Policy Analysis. [FR Doc. E9–28996 Filed 12–4–09; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket Nos. CP10–23–000; CP10–24–000] UGI Storage Company, UGI Central Penn Gas, Inc.; Notice of Application November 30, 2009. Take notice that on November 19, 2009, UGI Storage Company (UGI Storage), 460 North Gulph Road, King of Prussia, Pennsylvania, 19406, filed in Docket Number CP10–23–000, pursuant to section 7(c) of the Natural Gas Act (NGA), an application for a certificate of public convenience and necessity to acquire, own, and operate in interstate commerce certain existing natural gas storage facilities located in Tioga, Potter, and Cameron counties, Pennsylvania. Additionally, UGI Storage requests a blanket certificate authorizing it to engage in certain self-implementing activities under part 157, subpart F, and a blanket certificate under part 284, subpart G, authorizing UGI Storage to provide open access, nondiscriminatory firm and interruptible natural gas storage services. UGI Storage also requests authorization to charge market-based rates for its proposed storage services and approval of its Pro Forma Gas Tariff. Concurrently, on November 19, 2009, UGI Central Penn Gas, Inc. (CPG), 2525 N. 12th Street, Suite 360, P.O. Box 12677, Reading, Pennsylvania 19612– 2677, filed in Docket Number CP10–24– 000, an application under section 7 of the NGS to obtain authorization to partially abandon the blanket certificate PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 issued to its predecessor North Penn Gas Company, pursuant to section 284.224 of the Commission’s regulations. Specifically, CPG requests permission to abandon the portion of the blanket certificate applicable to storage service. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site at http:// www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll free at (866) 208–3676, or for TTY, contact (202) 502–8659. Any questions regarding these applications should be directed to Frank H. Markle, Senior Counsel, UGI Corporation, Box 858, Valley Forge, PA 19482; phone (610) 768–3625; fax (610) 992–3258; or via e-mail marklef@ugicorp.com. Pursuant to section 157.9 of the Commission’s rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: complete its environmental assessment (EA) and place it into the Commission’s public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff’s issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission’s public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff’s FEIS or EA. There are two ways to become involved in the Commission’s review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the below listed comment date, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission’s Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Notices]
[Pages 64059-64062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28996]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

[CFDA NO. 84.031H]


Office of Postsecondary Education; Strengthening Institutions 
Program (SIP), American Indian Tribally Controlled Colleges and 
Universities (TCCU), Alaska Native and Native Hawaiian-Serving 
Institutions (ANNH), Asian American and Native American Pacific 
Islander-Serving Institutions (AANAPISI), Native American Serving 
Nontribal Institutions (NASNTI), Developing Hispanic-Serving 
Institutions (HSI), Promoting Postbaccalaureate Opportunities for 
Hispanic Americans (PPOHA), and Predominantly Black Institutions (PBI) 
Programs for Fiscal Year (FY) 2010

    Purpose of Programs: The SIP, TCCU, ANNH, AANAPISI, NASNTI and PBI 
Programs are authorized under Title III, Part A, of the Higher 
Education Act of 1965, as amended (HEA). Under these programs, 
institutions of higher education (IHEs or institutions) are eligible to 
apply for grants if they meet specific statutory and regulatory 
eligibility requirements. Similarly, IHEs are eligible to apply for 
grants under Title V of the HEA if they meet specific statutory and 
regulatory requirements. The HSI and PPOHA Programs are authorized 
under Title V, Parts A and B of the HEA. In addition, under Title III 
of the HEA, institutions applying for grants under the AANAPISI and 
NASNTI Programs must be eligible institutions as defined in section 
312(b) of the HEA. Institutions applying for grants under the PBI 
Program must be eligible institutions as defined in section 318(b)(1).
    An IHE that is designated as an eligible institution may also 
receive a

[[Page 64060]]

waiver of certain non-Federal cost-share requirements under the Federal 
Supplemental Educational Opportunity Grant (FSEOG), the Federal Work 
Study (FWS), the Student Support Services (SSS), and the Undergraduate 
International Studies and Foreign Language (UISFL) Programs. The FSEOG, 
FWS, and SSS Programs are authorized under Title IV of the HEA. The 
UISFL Program is authorized under Title VI of the HEA. Qualified 
institutions may receive these waivers even if they are not recipients 
of grant funds under the Title III or Title V Programs.

    Special Note: To qualify as an eligible institution under the 
Title III or Title V Programs, your institution must satisfy several 
criteria, including one related to needy student enrollment and one 
related to average educational and general (E&G) expenditures for a 
specified base year. The most recent data available for E&G 
expenditures are for base year 2007-2008. In order to award FY 2010 
grants in a timely manner, we will use the most recent data 
available. Therefore, we use E&G expenditure threshold data from the 
base year 2007-2008. In completing your eligibility application, 
please use E&G expenditure data from the base year 2007-2008.

    If you are designated as an eligible institution and you do not 
receive a new award under the Title III or Title V Programs in FY 2010, 
your eligibility for the non-Federal cost-share waiver under the FSEOG, 
the FWS, the SSS, and the UISFL Programs is valid for five consecutive 
years. You will not need to reapply for eligibility until 2015, unless 
you wish to apply for a new Title III or Title V grant. All 
institutions interested in applying for a new FY 2010 Title III or 
Title V grant or requesting a waiver of the non-Federal cost share, 
must apply for eligibility designation in FY 2010. Under the HEA, any 
institution interested in applying for a grant under any of these 
programs must first be designated as an eligible institution.
    Eligible Applicants: To qualify as an eligible institution under 
the Title III or Title V Programs, an accredited institution must, 
among other requirements, have an enrollment of needy students, and its 
average E&G expenditures per full-time equivalent (FTE) undergraduate 
student must be low in comparison with the average E&G expenditures per 
FTE undergraduate student of institutions that offer similar 
instruction.
    The eligibility requirements for the Title III Programs are found 
in 34 CFR 607.2 through 607.5. The regulations may be accessed at the 
following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
    The eligibility requirements for the Title V, HSI Program are found 
in 34 CFR 606.2 through 34 CFR 606.5. The regulations may be accessed 
at the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
    Enrollment of Needy Students: Under 34 CFR 606.3(a) and 607.3(a), 
an institution is considered to have an enrollment of needy students 
if: (1) At least 50 percent of its degree students received financial 
assistance under one or more of the following programs: Federal Pell 
Grant, FSEOG, FWS, or the Federal Perkins Loan Programs; or (2) the 
percentage of its undergraduate degree students who were enrolled on at 
least a half-time basis and received Federal Pell Grants exceeded the 
median percentage of undergraduate degree students who were enrolled on 
at least a half-time basis and received Federal Pell Grants at 
comparable institutions that offer similar instruction.
    To qualify under this latter criterion, an institution's Federal 
Pell Grant percentage for base year 2007-2008 must be more than the 
median for its category of comparable institutions provided in the 
2007-2008 Median Pell Grant and Average E&G Expenditures per FTE 
Student Table in this notice.
    For the PBI Program, see section 318(b)(2) of the HEA for the 
definition of ``Enrollment of Needy Students.'' Educational and General 
Expenditures Per FTE Student: An institution should compare its 2007-
2008 average E&G expenditures per FTE student to the average E&G 
expenditure per FTE student for its category of comparable institutions 
contained in the 2007-2008 Median Pell Grant and Average E&G 
Expenditures per FTE Student Table in this notice. The institution 
meets this eligibility requirement if its average E&G expenditures for 
the 2007-2008 base year are less than the average for its category of 
comparable institutions.
    An institution's average E&G expenditures are the total amount it 
expended during the base year for instruction, research, public 
service, academic support, student services, institutional support 
including library expenditures, operation and maintenance, scholarships 
and fellowships, and mandatory transfers.
    The following table identifies the relevant median Federal Pell 
Grant percentages for the base year 2007-2008 and the relevant average 
E&G expenditures per FTE student for the base year 2007-2008 for the 
four categories of comparable institutions:

------------------------------------------------------------------------
                                     2007-2008 Median  2007-2008 Average
        Type of institution             Pell Grant      E&G expenditures
                                        percentage      per FTE student
------------------------------------------------------------------------
2-year Public Institutions........               24.4            $11,023
2-year Non-profit Private                        35.7             23,870
 Institutions.....................
4-year Public Institutions........               24.7             26,849
4-year Non-profit Private                        25.4             43,037
 Institutions.....................
------------------------------------------------------------------------

    Waiver Information: IHEs that are unable to meet the needy student 
enrollment requirement or the average E&G expenditures requirement may 
apply to the Secretary for waivers of these requirements, as described 
in 34 CFR 606.3(b), 606.4(c) and (d), 607.3(b), and 607.4(c) and (d).
    Institutions requesting a waiver of the needy student enrollment 
requirement or the average E&G expenditures requirement must include in 
their application detailed information supporting the waiver request, 
as described in the instructions for completing the application.
    The regulations governing the Secretary's authority to waive the 
needy student requirement, 34 CFR 606.3(b)(2) and (3) and 607.3(b)(2) 
and (3), refer to ``low-income'' students or families. The regulations 
at 34 CFR 606.3(c) and 607.3(c) define ``low-income'' as an amount that 
does not exceed 150 percent of the amount equal to the poverty level, 
as established by the U.S. Bureau of the Census.
    For the purposes of this waiver provision, the following table sets 
forth the low-income levels for the various sizes of families:

[[Page 64061]]



                                       2007 Annual Low[dash]Income Levels
----------------------------------------------------------------------------------------------------------------
                                                         Family income for
                                                         the 48 contiguous
                  Size of family unit                    states, D.C., and  Family income for  Family income for
                                                              outlying            Alaska             Hawaii
                                                           jurisdictions
----------------------------------------------------------------------------------------------------------------
1......................................................            $15,315            $19,155            $17,625
2......................................................             20,535             25,680             23,625
3......................................................             25,755             32,205             29,625
4......................................................             30,975             38,730             35,625
5......................................................             36,195             45,255             41,625
6......................................................             41,415             51,780             47,625
7......................................................             46,635             58,305             53,625
8......................................................             51,855             64,830             59,625
----------------------------------------------------------------------------------------------------------------


    Note:  The 2007 annual low-income levels are being used because 
those are the amounts that apply to the family income reported by 
students enrolled for the fall 2007 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $5,220 for the contiguous 48 States, the 
District of Columbia and outlying jurisdictions; $6,525 for Alaska; 
and $6,000 for Hawaii.

    The figures shown under family income represent amounts equal to 
150 percent of the family income levels established by the U.S. Bureau 
of the Census for determining poverty status. The poverty guidelines 
were published by the U.S. Department of Health and Human Services in 
the Federal Register on January 24, 2007 (72 FR 3147-3148).
    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the 
Metropolitan Statistical Areas, 1999 Publication, Order Number PB99-
501538, from the National Technical Information Service, Document 
Sales, 5301 Shawnee Road, Alexandria, VA 22312, telephone number: 1-
800-553-6847. There is a charge for this publication.
    Applications Available: December 7, 2009.
    Deadline for Transmittal Of Applications: January 6, 2010 for an 
applicant institution that wishes to be designated as eligible to apply 
for a FY 2010 new grant under the Title III or Title V Programs and 
February 22, 2010 for an applicant institution that wishes to apply 
only for cost-sharing waivers under the FSEOG, FWS, SSS, or UISFL 
Programs.
    Electronic Submission of Applications:
    Applications for designation of eligibility must be submitted 
electronically using the following Web site: https://opeweb.ed.gov/title3and5.
    To enter the Web site, you must use your institution's unique 8-
digit identifier, i.e., your Office of Postsecondary Education 
Identification Number (OPE ID Number). Your business office or student 
financial aid office should have the OPE ID Number. If not, contact the 
Department using the e-mail addresses of the contact persons listed in 
this notice under For Applications and Further Information Contact.
    You will find detailed instructions for completing the application 
form electronically under the ``eligibility 2010'' link at either of 
the following Web sites: http://www.ed.gov/programs/iduestitle3a/index.html or http://www.ed.gov/hsi.
    If your institution is unable to meet the needy student enrollment 
requirement or the average E&G expenditure requirement and wishes to 
request a waiver of one or both of these requirements, you must 
complete your designation application form electronically and transmit 
your waiver request narrative document from the following Web site: 
https://opeweb.ed.gov/title3and5.
    Exception to Electronic Submission Requirement: You may qualify for 
an exception to the electronic submission requirement and may submit 
your application in paper format if you are unable to submit an 
application electronically because--
     You do not have access to the Internet; or
     You do not have the capacity to upload documents to the 
Web site; and
     No later than two weeks before the application deadline 
date (14 calendar days; or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Darlene B. Collins, U.S. 
Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 
20006-8513. Fax: (202) 502-7861.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier), your application to the Department. You must mail 
the application, on or before the application deadline date, to the 
Department at the following address: By mail through the U.S. Postal 
Service or commercial carrier:
Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., 
Room 6020, Washington, DC 20006-8513.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.


[[Page 64062]]


    Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the 
application, on or before the application deadline date, to the 
Department at the following address:
Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., 
Room 6020, Washington, DC 20006-8513.
    Hand delivered applications will be accepted daily between 8:00 
a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and 
Federal holidays.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 
86, 97, 98, and 99. (b) The regulations for the Title III Programs in 
34 CFR part 607, and for the HSI Program in 34 CFR part 606.

    Note: There are no program-specific regulations for the 
AANAPISI, NASNTI, PBI, and the PPHOA Programs. Accordingly, we 
encourage each potential applicant to read the HEA, the authorizing 
statute for these programs.

    For Applications and Further Information Contact: Kelley Harris or 
Carnisia Proctor, Institutional Development and Undergraduate Education 
Service, U.S. Department of Education, 1990 K Street, NW., Room 6033, 
Request for Eligibility Designation, Washington, DC 20006-8513.
    You may contact these individuals at the following e-mail addresses 
or phone numbers: Kelley.Harris@ed.gov, 202-219-7083. 
Carnisia.Proctor@ed.gov, 202-502-7606.
    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 
accessible format (e.g., braille, large print, audio tape, or computer 
diskette) on request to the contact persons listed in this section.
    Electronic Access to This Document: You can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF) 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.

    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.


    Program Authority: 20 U.S.C. 1057-1059d, 1101-1103g, and 
amendments to Titles III and V of the HEA by Pub. L. 110-315, (20 
U.S.C. 1059e (PBI), 20 U.S.C. 1069f (NASNTI), and 20 U.S.C. 1059g 
(AANAPISI).

    Delegation of Authority: The Secretary of Education has delegated 
authority to Daniel T. Madzelan, Director, Forecasting and Policy 
Analysis for the Office of Postsecondary Education, to perform the 
functions and duties of the Assistant Secretary for Postsecondary 
Education.

    Dated: December 1, 2009.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
[FR Doc. E9-28996 Filed 12-4-09; 8:45 am]
BILLING CODE 4000-01-P