Applications for Eligibility Designation; Programs Under Parts A and F of Title III of the Higher Education Act of 1965, as Amended (HEA), and Programs Under Title V of the HEA, 77982-77985 [2011-32196]

Download as PDF 77982 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices Bear knowingly, voluntarily, and completely waives any rights it may have in this matter to the following: (a) An administrative or judicial hearing; (b) judicial review or other challenge or contest of the Commission’s actions; (c) a determination by the Commission of whether Build-A-Bear failed to comply with the CPSA and the underlying regulations; (d) a statement of findings of fact and conclusions of law; and (e) any claims under the Equal Access to Justice Act. 21. The Commission may publicize the terms of the Agreement and the Order. 22. The Agreement and the Order shall apply to, and be binding upon, Build-A-Bear and each of its successors and/or assigns. 23. The Commission issues the Order under the provisions of the CPSA, and a violation of the Order may subject Build-A-Bear and each of its successors and/or assigns to appropriate legal action. 24. The Agreement may be used in interpreting the Order. Understandings, agreements, representations, or interpretations apart from those contained in the Agreement and the Order may not be used to vary or contradict the terms or the Agreement and the Order. The Agreement shall not be waived, amended, modified, or otherwise altered without written agreement thereto, executed by the party against whom such waiver, amendment, modification, or alteration is sought to be enforced. 25. If any provision of the Agreement or the Order is held to be illegal, invalid, or unenforceable under present or future laws effective during the terms of the Agreement and the Order, such provision shall be fully severable. The balance of the Agreement and the Order shall remain in full force and effect, unless the Commission and Build-ABear agree that severing the provision materially affects the purpose of the Agreement and Order. U.S. Consumer Product Safety Commission Staff Cheryl A. Falvey, General Counsel. Mary B. Murphy, Assistant General Counsel. Dated: December 2, 2011. By: lllllllllllllllllll Belinda V. Bell, Trial Attorney, Division of Compliance Office of the General Counsel. Order Upon consideration of the Settlement Agreement entered into between BuildA-Bear Workshop, Inc. (‘‘Build-ABear’’), and the U.S. Consumer Product Safety Commission (‘‘Commission’’) staff, and the Commission having jurisdiction over the subject matter and over Build-A-Bear, and it appearing that the Settlement Agreement and the Order are in the public interest, it is Ordered that the Settlement Agreement be, and is, hereby, accepted; and it is Further Ordered, that Build-A-Bear shall pay a civil penalty in the amount of $600,000.00 within 20 calendar days of receiving service of the Commission’s final Order accepting the Settlement Agreement. The payment shall be made electronically to the CPSC via https:// www.pay.gov. Upon the failure of BuildA-Bear to make the foregoing payment when due, interest on the unpaid amount shall accrue and be paid by Build-A-Bear at the federal legal rate of interest set forth at 28 U.S.C. 1961(a) and (b). Provisionally accepted and provisional Order issued on the 9th day of December, 2011. By order of the Commission. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. 41 CFR 102–3.150, the Department of Defense announces that the following Federal advisory committee meeting of the Defense Acquisition University Board of Visitors will take place. DATES: Wednesday, January 25, 2012, from 8:30 a.m.–11:30 a.m. ADDRESSES: Command Conference Center, Building 202, Defense Acquisition University, 9820 Belvoir Road, Fort Belvoir, VA 22060. FOR FURTHER INFORMATION CONTACT: Christen Goulding, Protocol Director, DAU, Phone: (703) 805–5134, Fax: (703) 805–5940, Email: christen.goulding@dau.mil. SUPPLEMENTARY INFORMATION: Purpose of the Meeting: The purpose of this meeting is to report back to the Board of Visitors on continuing items of interest. Agenda: 8:30 a.m. Welcome and approval of minutes. 8:40 a.m. Certification to Qualification. 9:30 a.m. Distinguished Faculty. 10:30 a.m. Mission Assistance. 11:15 a.m. Open forum discussion. 11:30 a.m. Adjourn. Public’s Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102–3.140 through 102–3.165, and the availability of space, this meeting is open to the public. However, because of space limitations, allocation of seating will be made on a first-come, first served basis. Persons desiring to attend the meeting should call Ms. Christen Goulding at (703) 805–5134. Committee’s Designated Federal Officer or Point of Contact: Ms. Kelley Berta, (703) 805–5412. Dated: December 9, 2011. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2011–32133 Filed 12–14–11; 8:45 am] BILLING CODE 6355–01–P BILLING CODE 5001–06–P Build-A-Bear Workshop, Inc. mstockstill on DSK4VPTVN1PROD with NOTICES [FR Doc. 2011–32116 Filed 12–14–11; 8:45 am] DEPARTMENT OF DEFENSE DEPARTMENT OF EDUCATION Dated: September 27, 2011. By: lllllllllllllllllll Eric R. Fencl, General Counsel, Build-A-Bear Workshop, Inc. 1954 Innerbelt Business Center Drive St. Louis, MO 63114. Dated: September 27, 2011. By: lllllllllllllllllll Stephen L. Hill, Esquire, Husch Blackwell LLP 4801 Main Street, Suite 1000 Kansas City, MO 64112 Counsel for Build-A-Bear Workshop, Inc. Office of the Secretary Applications for Eligibility Designation; Programs Under Parts A and F of Title III of the Higher Education Act of 1965, as Amended (HEA), and Programs Under Title V of the HEA VerDate Mar<15>2010 16:49 Dec 14, 2011 Jkt 226001 Defense Acquisition University Board of Visitors; Notice of Meeting Defense Acquisition University, Department of Defense (DoD). ACTION: Meeting notice. AGENCY: Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Office of Postsecondary Education, Department of Education. ACTION: Notice. AGENCY: Overview Information: Programs authorized under Part A, Title III of the HEA: Strengthening Institutions Program (Part A SIP), Predominantly Black Institutions (Part E:\FR\FM\15DEN1.SGM 15DEN1 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices A PBI), Native American-Serving Nontribal Institutions (Part A NASNTI), and Asian American and Native American Pacific Islander-Serving Institutions (Part A AANAPISI). Programs authorized under Part F, Title III of the HEA: Hispanic-Serving Institutions Stem and Articulation (Part F, title III HSI STEM and Articulation), Predominantly Black Institutions (Part F PBI), and Asian American and Native American Pacific Islander-Serving Institutions (Part F AANAPISI). Programs authorized under both parts A and F in title III of the HEA: American Indian Tribally Controlled Colleges and Universities (TCCU) (note that in Part F, the program is referred to as ‘‘Tribal Colleges or Universities’’); Alaska Native and Native Hawaiian-Serving Institutions (ANNH). Programs authorized under Title V of the HEA: Developing Hispanic-Serving Institutions (Title V HSI) and Promoting Postbaccalaureate Opportunities for Hispanic Americans (PPOHA). Notice inviting applications for designation as an eligible institution for Fiscal Year (FY) 2012. Dates: Application Available: December 15, 2011. Deadline for Transmittal of Applications: February 10, 2012, for an institution that wishes to be designated as eligible to apply for a FY 2012 new grant under the Title III or Title V programs. March 9, 2012, for an institution that wishes to apply only for cost-sharing waivers under the Federal Supplemental Educational Opportunity Grant (FSEOG), the Federal Work Study (FWS), the Student Support Services (SSS), or the Undergraduate International Studies and Foreign Language (UISFL) programs. Full Text of Announcement mstockstill on DSK4VPTVN1PROD with NOTICES I. Funding Opportunity Description Purpose of Programs The Part A SIP, TCCU, ANNH, Part A PBI, Part A NASNTI, and Part A AANAPISI programs are authorized under Title III, Part A, of the HEA. Part F, Title III HSI STEM and Articulation, Part F PBI, and Part F AANAPISI programs are authorized under Title III, Part F of the HEA. The Title V HSI and PPOHA programs are authorized under Title V of the HEA. Please note that certain programs in this notice have the same or a similar name to another program that falls under a different statutory authority. For this reason, we specify the statutory authority as part of the acronym for certain programs. Under the programs for which we are inviting applications for an eligibility VerDate Mar<15>2010 16:49 Dec 14, 2011 Jkt 226001 designation, institutions of higher education (‘‘IHEs’’ or ‘‘institutions’’) are eligible to apply for grants if they meet specific statutory and regulatory eligibility requirements. An IHE that is designated as an eligible institution may receive a waiver of certain non-Federal cost-share requirements under the FSEOG program in Part A, Title IV of the HEA; the FWS program in section 443 of Part C, Title IV of the HEA; the SSS program in section 402D of Part A, Title IV of the HEA; and the UISFL program in section 604 of Part A, 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 Parts A and F of Title III, HEA programs and Title V, HEA programs listed in this notice, your institution must satisfy several criteria. For most of these programs, this includes criteria that relate to needy student enrollment and to average educational and general (E&G) expenditures for a specified base year. The most recent data available for E&G expenditures are for base year 2009–2010. In order to award FY 2012 grants in a timely manner, we will use this data to evaluate eligibility. Therefore, in completing your eligibility application, please use E&G expenditure data from the base year 2009–2010. 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 2012, your eligibility for the non-Federal cost-share waiver under the FSEOG, FWS, SSS, and UISFL programs is valid for five consecutive years. You will not need to reapply for eligibility until 2017, unless you wish to apply for a new Title III or Title V grant. All institutions interested in applying for a new FY 2012 Title III or Title V grant or requesting a waiver of the nonFederal cost share, must apply for eligibility designation in FY 2012. Under the HEA, any institution interested in applying for a grant under any of these programs must first be designated as an eligible institution. (34 CFR 606.5 and 607.5). Eligible Applicants The eligibility requirements for the Part A of Title III, HEA programs are in the statute and 34 CFR 607.2 through 607.5. The regulations may be accessed at the following Web site: www.access. gpo.gov/nara/cfr/waisidx_02/34cfr607_ 02.html. The eligibility requirements for the Part F of Title III, HEA programs are in the statute. We are in the process of developing regulations for these programs; there are currently no specific program regulations. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 77983 The eligibility requirements for the Title V HSI Program are in Part A of Title V of the HEA and 34 CFR 606.2 through 34 CFR 606.5. The regulations may be accessed at the following Web site: www.access.gpo.gov/nara/cfr/ waisidx_01/34cfr606_01.html. The requirements for the PPOHA Program are in Part B of Title V of the HEA and the notice of final requirements published in the Federal Register on July 27, 2010 (75 FR 44055) (PPOHA NFP). Among the requirements established for the PPOHA Program in the PPOHA NFP are the use of the regulations in 34 CFR 606.2(a) and (b), and 606.3 through 606.5. Enrollment of Needy Students: For Part A SIP; TCCU; ANNH; Part A NASNTI; Part A AANAPISI; Title III, Part F HSI STEM and Articulation; Part F AANAPISI; Title V HSI; and PPOHA programs, an institution is considered to have an enrollment of needy students if: (1) At least 50 percent of its degree students received financial assistance under one or more of the following programs: 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 2009–2010 must be more than the median for its category of comparable institutions provided in the 2009–2010 Median Pell Grant and Average E&G Expenditures per full-time equivalent (FTE) Student Table in this notice. For the Part A PBI Program, see section 318(b)(2) of the HEA and for the Part F PBI program see section 371(c)(9) for the definition of ‘‘Enrollment of Needy Students.’’ Educational and General Expenditures Per FTE Student: Under the Part A SIP; TCCU; ANNH; Part A PBI; Part A NASNTI; Part A AANAPISI; Title III, Part F HSI STEM and Articulation; Part F PBI Part F AANAPISI; Title V HSI; and PPOHA programs, an institution should compare its 2009–2010 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 2009–2010 Median Pell Grant and Average E&G Expenditures per FTE Student Table in this notice. The institution meets this E:\FR\FM\15DEN1.SGM 15DEN1 77984 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices instruction, research, public service, academic support including library expenditures, student services, institutional support, operation and maintenance, scholarships and fellowships, and mandatory transfers that the institution is required to pay by law. eligibility requirement under these programs if its average E&G expenditures for the 2009–2010 base years 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 The following table identifies the relevant median Federal Pell Grant percentages for the base year 2009–2010 and the relevant average E&G expenditures per FTE student for the base year 2009–2010 for the four categories of comparable institutions: 2009–2010 Median Pell Grant percentage Type of institution Two-year Public Institutions ..................................................................................................................... Two-year Non-profit Private Institutions .................................................................................................. Four-year Public Institutions .................................................................................................................... Four-year Non-profit Private 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 sections 392 and 522 of the HEA, 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 2009–2010 Average E&G expenditures per FTE student 32.3 39.4 30.1 31.0 $10,785 24,214 28,831 45,760 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: 2009 ANNUAL LOW-INCOME LEVELS Family income for the 48 contiguous States, DC, and outlying jurisdictions Size of family unit 1 2 3 4 5 6 7 8 ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... ........................................................................................................................... $16,245 21,855 27,465 33,075 38,685 44,295 49,905 55,515 mstockstill on DSK4VPTVN1PROD with NOTICES Note: The 2009 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 2009 semester. For family units with more than eight members, add the following amount for each additional family member: $5,610 for the contiguous 48 States, the District of Columbia, and outlying jurisdictions; $7,020 for Alaska; and $6,450 for Hawaii. 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. 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 23, 2009 (74 FR 4199). The information about ‘‘metropolitan statistical areas’’ referenced in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be 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. VerDate Mar<15>2010 16:49 Dec 14, 2011 Jkt 226001 Electronic Submission of Applications PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Family income for Alaska Family income for Hawaii $20,295 27,315 34,335 41,355 48,375 55,395 62,415 69,435 $18,690 25,140 31,590 38,040 44,490 50,940 57,390 63,840 If not, contact the Department using the email addresses of the contact persons listed in this notice under FOR APPLICATIONS AND FOR FURTHER INFORMATION CONTACT. You will find detailed instructions for completing the application form electronically under the ‘‘eligibility 2012’’ link at either of the following Web sites: https://www.ed. gov/programs/iduestitle3a/ or https://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 E:\FR\FM\15DEN1.SGM 15DEN1 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES following Web site: https://opeweb.ed. gov/title3and5/. Exception to the 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 6033, 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 (using the U.S. Postal Service or commercial carrier) 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 6033, 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. VerDate Mar<15>2010 16:49 Dec 14, 2011 Jkt 226001 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. 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 6033, Washington, DC 20006–8513. Hand delivered applications will be accepted daily between 8 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. (c) The notice of final requirements for the PPOHA Program, published in the Federal Register on July 27, 2010 (75 FR 44055). Note: There are no program-specific regulations for the Part A AANAPISI, Part A NASNTI, and Part A PBI programs or any of the Part F, title III programs. Also, there have been amendments to the HEA since we last issued regulations for the programs established under titles III and V of the statute. Accordingly, we encourage each potential applicant to read the applicable sections of the HEA in order to fully understand the eligibility requirements for the program for which they are applying. Please note we are in the process of amending the title III and title V regulations. These updated regulations will include regulations for Part A AANAPISI, Part A NASNTI, and Part A PBI programs, as well as the Part F, title III programs. FOR APPLICATIONS AND FURTHER INFORMATION CONTACT: Kelley Harris or Carnisia Proctor, Institutional Service, U.S. Department of Education, 1990 K Street NW., room 6033, Request for Eligibility Designation, Washington, DC 20006–8513. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 77985 You can contact these individuals at the following email 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), call the Federal Relay Service (FRS), toll free, at 1–800–877–8339. Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audio tape, or compact disc) on request to one of the contact persons listed in this section. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Program Authority: 20 U.S.C. 1057–1059g, 1067q, 1068a, and 1101–1103g. Dated: December 9, 2011. Eduardo M. Ochoa, Assistant Secretary for Postsecondary Education. [FR Doc. 2011–32196 Filed 12–14–11; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Applications for New Awards; Graduate Assistance in Areas of National Need Office of Postsecondary Education, Department of Education. ACTION: Notice. AGENCY: Overview Information Graduate Assistance in Areas of National Need (GAANN) Program. Notice inviting applications for new awards for fiscal year (FY) 2012. Catalog of Federal Domestic Assistance (CFDA) Number: 84.200A. DATES: Applications Available: December 15, 2011. E:\FR\FM\15DEN1.SGM 15DEN1

Agencies

[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Pages 77982-77985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32196]


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

DEPARTMENT OF EDUCATION


Applications for Eligibility Designation; Programs Under Parts A 
and F of Title III of the Higher Education Act of 1965, as Amended 
(HEA), and Programs Under Title V of the HEA

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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

    Overview Information:
    Programs authorized under Part A, Title III of the HEA: 
Strengthening Institutions Program (Part A SIP), Predominantly Black 
Institutions (Part

[[Page 77983]]

A PBI), Native American-Serving Nontribal Institutions (Part A NASNTI), 
and Asian American and Native American Pacific Islander-Serving 
Institutions (Part A AANAPISI).
    Programs authorized under Part F, Title III of the HEA: Hispanic-
Serving Institutions Stem and Articulation (Part F, title III HSI STEM 
and Articulation), Predominantly Black Institutions (Part F PBI), and 
Asian American and Native American Pacific Islander-Serving 
Institutions (Part F AANAPISI).
    Programs authorized under both parts A and F in title III of the 
HEA: American Indian Tribally Controlled Colleges and Universities 
(TCCU) (note that in Part F, the program is referred to as ``Tribal 
Colleges or Universities''); Alaska Native and Native Hawaiian-Serving 
Institutions (ANNH).
    Programs authorized under Title V of the HEA: Developing Hispanic-
Serving Institutions (Title V HSI) and Promoting Postbaccalaureate 
Opportunities for Hispanic Americans (PPOHA).
    Notice inviting applications for designation as an eligible 
institution for Fiscal Year (FY) 2012.
    Dates:
    Application Available: December 15, 2011.
    Deadline for Transmittal of Applications: February 10, 2012, for an 
institution that wishes to be designated as eligible to apply for a FY 
2012 new grant under the Title III or Title V programs. March 9, 2012, 
for an institution that wishes to apply only for cost-sharing waivers 
under the Federal Supplemental Educational Opportunity Grant (FSEOG), 
the Federal Work Study (FWS), the Student Support Services (SSS), or 
the Undergraduate International Studies and Foreign Language (UISFL) 
programs.

Full Text of Announcement

I. Funding Opportunity Description

Purpose of Programs

    The Part A SIP, TCCU, ANNH, Part A PBI, Part A NASNTI, and Part A 
AANAPISI programs are authorized under Title III, Part A, of the HEA. 
Part F, Title III HSI STEM and Articulation, Part F PBI, and Part F 
AANAPISI programs are authorized under Title III, Part F of the HEA. 
The Title V HSI and PPOHA programs are authorized under Title V of the 
HEA. Please note that certain programs in this notice have the same or 
a similar name to another program that falls under a different 
statutory authority. For this reason, we specify the statutory 
authority as part of the acronym for certain programs.
    Under the programs for which we are inviting applications for an 
eligibility designation, institutions of higher education (``IHEs'' or 
``institutions'') are eligible to apply for grants if they meet 
specific statutory and regulatory eligibility requirements. An IHE that 
is designated as an eligible institution may receive a waiver of 
certain non-Federal cost-share requirements under the FSEOG program in 
Part A, Title IV of the HEA; the FWS program in section 443 of Part C, 
Title IV of the HEA; the SSS program in section 402D of Part A, Title 
IV of the HEA; and the UISFL program in section 604 of Part A, 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 
Parts A and F of Title III, HEA programs and Title V, HEA programs 
listed in this notice, your institution must satisfy several 
criteria. For most of these programs, this includes criteria that 
relate to needy student enrollment and to average educational and 
general (E&G) expenditures for a specified base year. The most 
recent data available for E&G expenditures are for base year 2009-
2010. In order to award FY 2012 grants in a timely manner, we will 
use this data to evaluate eligibility. Therefore, in completing your 
eligibility application, please use E&G expenditure data from the 
base year 2009-2010.

    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 2012, 
your eligibility for the non-Federal cost-share waiver under the FSEOG, 
FWS, SSS, and UISFL programs is valid for five consecutive years. You 
will not need to reapply for eligibility until 2017, unless you wish to 
apply for a new Title III or Title V grant. All institutions interested 
in applying for a new FY 2012 Title III or Title V grant or requesting 
a waiver of the non-Federal cost share, must apply for eligibility 
designation in FY 2012. Under the HEA, any institution interested in 
applying for a grant under any of these programs must first be 
designated as an eligible institution. (34 CFR 606.5 and 607.5).

Eligible Applicants

    The eligibility requirements for the Part A of Title III, HEA 
programs are in the statute and 34 CFR 607.2 through 607.5. The 
regulations may be accessed at the following Web site: 
www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
    The eligibility requirements for the Part F of Title III, HEA 
programs are in the statute. We are in the process of developing 
regulations for these programs; there are currently no specific program 
regulations.
    The eligibility requirements for the Title V HSI Program are in 
Part A of Title V of the HEA and 34 CFR 606.2 through 34 CFR 606.5. The 
regulations may be accessed at the following Web site: 
www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
    The requirements for the PPOHA Program are in Part B of Title V of 
the HEA and the notice of final requirements published in the Federal 
Register on July 27, 2010 (75 FR 44055) (PPOHA NFP). Among the 
requirements established for the PPOHA Program in the PPOHA NFP are the 
use of the regulations in 34 CFR 606.2(a) and (b), and 606.3 through 
606.5.
    Enrollment of Needy Students: For Part A SIP; TCCU; ANNH; Part A 
NASNTI; Part A AANAPISI; Title III, Part F HSI STEM and Articulation; 
Part F AANAPISI; Title V HSI; and PPOHA programs, an institution is 
considered to have an enrollment of needy students if: (1) At least 50 
percent of its degree students received financial assistance under one 
or more of the following programs: 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 2009-2010 must be more than the 
median for its category of comparable institutions provided in the 
2009-2010 Median Pell Grant and Average E&G Expenditures per full-time 
equivalent (FTE) Student Table in this notice.
    For the Part A PBI Program, see section 318(b)(2) of the HEA and 
for the Part F PBI program see section 371(c)(9) for the definition of 
``Enrollment of Needy Students.''
    Educational and General Expenditures Per FTE Student: Under the 
Part A SIP; TCCU; ANNH; Part A PBI; Part A NASNTI; Part A AANAPISI; 
Title III, Part F HSI STEM and Articulation; Part F PBI Part F 
AANAPISI; Title V HSI; and PPOHA programs, an institution should 
compare its 2009-2010 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 2009-2010 Median Pell Grant and Average 
E&G Expenditures per FTE Student Table in this notice. The institution 
meets this

[[Page 77984]]

eligibility requirement under these programs if its average E&G 
expenditures for the 2009-2010 base years are less than the average for 
its category of comparable institutions.
    An institution's average E&G expenditures are the total amount it 
expended during the base year for instruction, research, public 
service, academic support including library expenditures, student 
services, institutional support, operation and maintenance, 
scholarships and fellowships, and mandatory transfers that the 
institution is required to pay by law.
    The following table identifies the relevant median Federal Pell 
Grant percentages for the base year 2009-2010 and the relevant average 
E&G expenditures per FTE student for the base year 2009-2010 for the 
four categories of comparable institutions:

------------------------------------------------------------------------
                                   2009-2010 Median    2009-2010 Average
       Type of institution            Pell Grant       E&G expenditures
                                      percentage        per FTE student
------------------------------------------------------------------------
Two-year Public Institutions....                32.3             $10,785
Two-year Non-profit Private                     39.4              24,214
 Institutions...................
Four-year Public Institutions...                30.1              28,831
Four-year Non-profit Private                    31.0              45,760
 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 sections 392 and 522 of the HEA, 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:

                                          2009 Annual Low-Income Levels
----------------------------------------------------------------------------------------------------------------
                                                       Family income for
                                                       the 48 contiguous
                 Size of family unit                    States, DC, and    Family income for   Family income for
                                                           outlying             Alaska              Hawaii
                                                         jurisdictions
----------------------------------------------------------------------------------------------------------------
1...................................................             $16,245             $20,295             $18,690
2...................................................              21,855              27,315              25,140
3...................................................              27,465              34,335              31,590
4...................................................              33,075              41,355              38,040
5...................................................              38,685              48,375              44,490
6...................................................              44,295              55,395              50,940
7...................................................              49,905              62,415              57,390
8...................................................              55,515              69,435              63,840
----------------------------------------------------------------------------------------------------------------


    Note: The 2009 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 2009 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $5,610 for the contiguous 48 States, the 
District of Columbia, and outlying jurisdictions; $7,020 for Alaska; 
and $6,450 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 23, 2009 (74 FR 4199).
    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.

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 email addresses of the contact persons listed in 
this notice under For Applications and FOR FURTHER INFORMATION CONTACT. 
You will find detailed instructions for completing the application form 
electronically under the ``eligibility 2012'' link at either of the 
following Web sites: https://www.ed.gov/programs/iduestitle3a/ 
or https://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

[[Page 77985]]

following Web site: https://opeweb.ed.gov/title3and5/.
    Exception to the 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 6033, 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 
(using the U.S. Postal Service or commercial carrier) 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 6033, 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.

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 6033, Washington, DC 
20006-8513.

Hand delivered applications will be accepted daily between 8 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. (c) The 
notice of final requirements for the PPOHA Program, published in the 
Federal Register on July 27, 2010 (75 FR 44055).

    Note: There are no program-specific regulations for the Part A 
AANAPISI, Part A NASNTI, and Part A PBI programs or any of the Part 
F, title III programs. Also, there have been amendments to the HEA 
since we last issued regulations for the programs established under 
titles III and V of the statute. Accordingly, we encourage each 
potential applicant to read the applicable sections of the HEA in 
order to fully understand the eligibility requirements for the 
program for which they are applying. Please note we are in the 
process of amending the title III and title V regulations. These 
updated regulations will include regulations for Part A AANAPISI, 
Part A NASNTI, and Part A PBI programs, as well as the Part F, title 
III programs.


For Applications and FURTHER INFORMATION CONTACT: Kelley Harris or 
Carnisia Proctor, Institutional Service, U.S. Department of Education, 
1990 K Street NW., room 6033, Request for Eligibility Designation, 
Washington, DC 20006-8513.
    You can contact these individuals at the following email 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), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audio tape, or compact 
disc) on request to one of the contact persons listed in this section.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF, 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Program Authority:  20 U.S.C. 1057-1059g, 1067q, 1068a, and 
1101-1103g.

    Dated: December 9, 2011.
Eduardo M. Ochoa,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2011-32196 Filed 12-14-11; 8:45 am]
BILLING CODE 4000-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.