Eligibility Designations and Applications for Waiving Eligibility Requirements; Programs Under Parts A and F of Title III and Programs Under Title V of the Higher Education Act of 1965, as Amended (HEA), 2611-2614 [2023-00717]
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
Opportunities for Hispanic Americans
(PPOHA).
DEPARTMENT OF EDUCATION
Eligibility Designations and
Applications for Waiving Eligibility
Requirements; Programs Under Parts
A and F of Title III and Programs Under
Title V of the Higher Education Act of
1965, as Amended (HEA)
Office of Postsecondary
Education, Department of Education
(Department).
ACTION: Notice.
AGENCY:
The Department announces
the process for designation of eligible
institutions and invites applications for
waivers of eligibility requirements for
fiscal year (FY) 2023, for the programs
listed in SUPPLEMENTARY INFORMATION.
DATES:
Applications Available: January 17,
2023.
Deadline for Transmittal of
Applications: February 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Jason Cottrell, Ph.D., Institutional
Service, U.S. Department of Education,
400 Maryland Avenue SW, Room
2B127, Washington, DC 20202.
Telephone: (202) 453–7530 or (202)
262–1833. Email: Jason.Cottrell@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION: The
Department announces the process for
designation of eligible institutions and
invites applications for waivers of
eligibility requirements for FY 2023 for
the following programs:
1. Programs authorized under title III,
part A of the HEA: Strengthening
Institutions Program (Part A SIP),
Alaska Native and Native HawaiianServing Institutions (Part A ANNH),
Predominantly Black Institutions (Part
A PBI), Native American-Serving
Nontribal Institutions (Part A NASNTI),
and Asian American and Native
American Pacific Islander-Serving
Institutions (Part A AANAPISI).
2. Programs authorized under title III,
part F of the HEA: Hispanic-Serving
Institutions STEM and Articulation
(Part F HSI STEM and Articulation),
Predominantly Black Institutions (Part F
PBI), Alaska Native and Native
Hawaiian-Serving Institutions (Part F
ANNH), Native American-Serving
Nontribal Institutions (Part F NASNTI),
and Asian American and Native
American Pacific Islander-Serving
Institutions (Part F AANAPISI).
3. Programs authorized under title V
of the HEA: Developing HispanicServing Institutions (HSI) and
Promoting Postbaccalaureate
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SUMMARY:
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Full Text of Announcement
I. Funding Opportunity Description
Purpose of Programs: The Part A SIP,
Part A ANNH, Part A PBI, Part A
NASNTI, and Part A AANAPISI
programs are authorized under title III,
part A of the HEA. The Part F HSI STEM
and Articulation, Part F PBI, Part F
ANNH, Part F NASNTI, and Part F
AANAPISI programs are authorized
under title III, part F of the HEA. The
HSI and PPOHA programs are
authorized under title V of the HEA.
Please note that certain programs
addressed in this notice have the same
or similar names as other programs that
are authorized under a different
statutory authority. For this reason, we
specify the statutory authority as part of
the acronym for certain programs.
Under the programs discussed above,
institutions are eligible to apply for
grants if they meet specific statutory and
regulatory eligibility requirements. An
institution of higher education that is
designated as an eligible institution may
also receive a waiver of certain nonFederal cost-sharing requirements for 1
year under the Federal Supplemental
Educational Opportunity Grant (FSEOG)
program authorized by title IV, part A of
the HEA and the Federal Work-Study
(FWS) program authorized by section
443 of the HEA. Qualified (eligible)
institutions may receive the FSEOG and
FWS waivers for 1 year even if they do
not receive a grant under a title III or V
grant program. An applicant that
receives a grant from the Student
Support Services (SSS) program that is
authorized under section 402D of the
HEA, 20 U.S.C. 1070a–14, may receive
a waiver of the required non-Federal
cost share for institutions for the
duration of the grant. An applicant that
receives a grant from the Undergraduate
International Studies and Foreign
Language (UISFL) program that is
authorized under section 604 of the
HEA, 20 U.S.C. 1124, may receive a
waiver or reduction of the required nonFederal cost share for institutions for the
duration of the grant.
Sections 312, 502, and 512 of the
HEA, 34 CFR 607.2–607.5, and 34 CFR
606.2–606.5 include most of the basic
eligibility requirements for grant
programs authorized under titles III and
V of the HEA. Sections 312(b)(1)(B) and
502(a)(2)(A) of the HEA provide that, to
be eligible for these programs, an
institution of higher education’s average
‘‘educational and general expenditures’’
(E&G) per full-time equivalent (FTE)
undergraduate student must be less than
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the average E&G expenditures per FTE
undergraduate student of institutions
that offer similar instruction in that
year.
The National Center for Education
Statistics (NCES) calculates Core
Expenses per FTE of institutions, a
statistic like E&G per FTE. Both E&G per
FTE and Core Expenses per FTE are
based on regular operational
expenditures of institutions (excluding
auxiliary enterprises, independent
operations, and hospital expenses).
They differ only in that E&G per FTE is
based on fall undergraduate enrollment,
while Core Expenses per FTE is based
on 12-month undergraduate enrollment
for the academic year.
To avoid inconsistency in the data
submitted to, and produced by, the
Department, for the purpose of sections
312(b)(1)(B) and 502(a)(2)(A) of the
HEA, E&G per FTE is calculated using
the same methodology as Core Expenses
per FTE. Accordingly, the Department
will apply the NCES methodology for
calculating Core Expenses per FTE.
Institutions requesting an eligibility
exemption determination must use the
Core Expenses per FTE data reported to
NCES’ Integrated Postsecondary
Education Data System (IPEDS) for the
most currently available academic year,
in this case academic year 2020–2021.
Special Note: To qualify as an eligible
institution under the grant programs
listed in this notice, your institution
must satisfy several criteria. For most of
these programs, these criteria include
those that relate to the enrollment of
needy students and to the Core
Expenses per FTE student count for a
specified base year. The most recent
data available in IPEDS for Core
Expenses per FTE are for base year
2020–2021. To award FY 2023 grants in
a timely manner, we will use these data
to evaluate eligibility.
Accordingly, each institution
interested in either applying for a new
grant under the title III or V programs
addressed in this notice, or requesting a
waiver of the non-Federal cost share,
must be designated as an eligible
institution in FY 2023. Under the HEA,
any institution interested in applying
for a grant under any of these programs
must first be designated as an eligible
institution. See 34 CFR 606.5 and 607.5.
Note: Please be advised that final
eligibility is program specific.
Applicants should refer to the program
in question for programmatic
requirements. Further information
regarding eligibility is set forth below.
Eligible Applicants: The eligibility
requirements for the programs
authorized under part A of title III of the
HEA are in sections 312 and 317–320 of
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the HEA (20 U.S.C. 1058, 1059d–1059g)
and in 34 CFR 607.2–607.5. The
regulations may be accessed at
www.ecfr.gov/cgi-bin/textidx?SID=bc12bf5d685021e069
cd1a15352b381a&mc=true&node=
pt34.3.607&rgn=div5. The eligibility
requirements for the programs
authorized by part F of title III of the
HEA are in section 371 of the HEA (20
U.S.C. 1067q). There are currently no
specific regulations for these programs.
The eligibility requirements for the
title V HSI program are in part A of title
V of the HEA and in 34 CFR 606.2–
606.5. The regulations may be accessed
at www.ecfr.gov/cgi-bin/textidx?SID=bc12bf5d685021e069
cd1a15352b381a&mc=true&node=
pt34.3.606&rgn=div5l.
The requirements for the PPOHA
program are in part B of title V of the
HEA and in the notice of final
requirements published in the Federal
Register on July 27, 2010 (75 FR 44055),
and in 34 CFR 606.2(a) and (b) and
606.3–606.5.
The Department has instituted a
process known as the Eligibility Matrix
(EM), under which we use information
institutions submitted to IPEDS to
determine which institutions meet the
basic eligibility requirements for the
programs authorized by title III or V of
the HEA listed above. To make
eligibility determinations for FY 2023,
we use an institution’s 2020–2021
enrollment and fiscal data. Beginning
January 17, 2023, an institution will be
able to review the Department’s EM
eligibility decision by checking the
eligibility system linked through the
Department’s Institutional Service
Eligibility website: https://www2.ed.gov/
about/offices/list/ope/idues/
eligibility.html. The direct link is
https://HEPIS.ed.gov/.
The EM is a read-only worksheet that
lists all potentially eligible
postsecondary institutions. If the EM
entry for your institution indicates your
institution is eligible for a particular
program grant, you will not need to
apply for eligibility or submit a waiver
request as described in this notice.
Rather, if you choose to apply for the
grant, you may print out the eligibility
letter directly. If your institution intends
to apply for a program grant for which
your EM entry does not show your
institution is eligible, you must submit
the application discussed in this notice
before the application deadline of
February 27, 2023.
To check your institution’s eligibility
in the EM, go to https://HEPIS.ed.gov/,
and log into the system using your email
address and password. If you are not
sure whether you have an account in the
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system, click the ‘‘New User’’ button. If
you do not have an account, the system
will walk you through setup. Note that
it may take up to 5 business days to
verify user identity and to complete new
account setup, so please allow enough
time to complete the application. If the
Grant Eligibility Application (GEA)
system is open for new applications,
you may check your institution’s
eligibility status by clicking the ‘‘View
pre-Eligibility Information’’ button.
Your institution’s eligibility information
will display.
If the EM does not show that your
institution is eligible for a program, or
if your institution does not appear in the
eligibility system, or if you disagree
with the eligibility determination
reflected in the eligibility system, you
can apply for a waiver or
reconsideration using the process
described in this notice. The application
process mirrors that used in previous
years: choose the waiver option on the
website at https://HEPIS.ed.gov/ and
submit your institution’s application.
Please note that through this process,
the Department does not certify, nor
designate, an institution as a
Historically Black College or University,
Tribally Controlled College or
University, Minority-Serving Institution,
or Hispanic-Serving Institution. The
Department’s EM determination relates
only to the institution’s ability to apply
for and receive grants under certain
programs as discussed in this notice.
Note: Institutions that submit a waiver
request for either the Core Expenses per
FTE or the Needy Student requirement
must submit the required documents
and supporting data and evidence by
the deadline. All reviews and decisions
will be made approximately 2 weeks
after the deadline.
Enrollment of Needy Students: As
noted above, to qualify as an eligible
institution under the grant programs
listed in this notice, your institution
must satisfy several criteria, including
those that relate to the enrollment of
needy students and to the Core
Expenses per FTE student count for a
specified base year.
As to the enrollment of needy
students, for programs under titles III
and V (excluding the PBI programs), an
institution is considered to have an
enrollment of needy students if it meets
either of the following two criteria: (1)
at least 50 percent of its degree-seeking
students received financial assistance
under the Federal Pell Grant, FSEOG, or
FWS programs; or (2) the percentage of
its undergraduate degree-seeking
students who were enrolled on at least
a half-time basis and received Federal
Pell Grants exceeded the median
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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 the second criterion,
an institution’s Federal Pell Grant
percentage for base year 2020–2021
must be more than the median for its
category of comparable institutions
provided in the 2020–2021 Median Pell
Grant and Average Core Expenses per
FTE Student Table in this notice. If your
institution qualifies only under the first
criterion, you must submit an
application containing the data
necessary to satisfy the first criterion
(showing at least 50 percent of your
degree-seeking students received
financial assistance under one of several
Federal student aid programs (the
Federal Pell Grant, FSEOG, or FWS
programs)), since these data are not
available in IPEDS.
‘‘Enrollment of Needy Students’’ for
purposes of the Part A PBI program is
separately defined in section 318(b)(2)
of the HEA, and for purposes of the Part
F PBI program is defined in section
371(c)(3) of the HEA.
Core Expenses per FTE Student: For
each of the following programs, an
institution should compare its base year
2020–2021 Core Expenses per FTE
student to the average Core Expenses
per FTE student for its category of
comparable institutions using the 2020–
2021 Median Pell Grant and Average
Core Expenses per FTE Student Table in
this notice: Title III, Part A SIP; Part A
ANNH; Part A PBI; Part A NASNTI; Part
A AANAPISI; Title III, Part F HSI STEM
and Articulation; Part F PBI; Part F
ANNH; Part F NASNTI; Part F
AANAPISI; Title V, Part A HSI; and
Title V, Part B PPOHA. An institution
satisfies this program eligibility
requirement if its Core Expenses for the
2020–2021 base year are less than the
average Core Expenses of its comparable
institutional category.
Core Expenses are defined as the total
expenses for the essential education
activities of the institution. Core
Expenses for public institutions
reporting under the Governmental
Accounting Standards Board (GASB)
requirements include expenses for
instruction, research, public service,
academic support, student services,
institutional support, operation and
maintenance of plant, depreciation,
scholarships and fellowships, interest,
and other operating and non-operating
expenses. Core Expenses for institutions
reporting under the Financial
Accounting Standards Board (FASB)
standards (primarily private, not-forprofit, and for-profit institutions)
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The following table identifies base
year 2020–2021 median Federal Pell
Grant percentages and average Core
Expenses per FTE student for the four
categories of comparable institutions:
purposes of eligibility. For both FASB
and GASB institutions, Core Expenses
do not include expenses for auxiliary
enterprises (e.g., bookstores,
dormitories), hospitals, and
independent operations.
include expenses for instruction,
research, public service, academic
support, student services, institutional
support, net grant aid to students, and
other expenses. Core Expenses do not
include Federal student aid for the
Base year
2020–2021
median Pell
grant
percentage
Type of institution
2-year
2-year
4-year
4-year
Public Institutions .........................................................................................................................................
Nonprofit Private Institutions ........................................................................................................................
Public Institutions .........................................................................................................................................
Nonprofit Private Institutions ........................................................................................................................
Waiver Information: Institutions that
do not meet the needy student
enrollment requirement or the Core
Expenses per FTE requirement may
apply to the Secretary for a waiver of
these requirements, as described in
sections 392 and 522 of the HEA, and
in the implementing regulations at 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 Core Expenses per FTE
requirement must include in their
application detailed evidence
supporting the waiver request, as
described in the instructions for
completing the application.
The regulations governing the
Secretary’s authority to grant a waiver of
the needy student requirement refer to
‘‘low-income’’ students or families, at 34
CFR 606.3(b)(2) and (3) and 607.3(b)(2)
and (3). The regulations at 34 CFR
31
52
33
34
Base year
2020–2021
average core
expenses per
FTE student
$17,326
15,981
34,341
43,267
606.3(c) and 607.3(c) define ‘‘lowincome’’ as an amount that does not
exceed 150 percent of the amount equal
to the poverty level, as established by
the U.S. Census Bureau.
For purposes of this waiver provision,
the following table sets forth the lowincome levels (at 150 percent) for
various family sizes:
2021 ANNUAL LOW-INCOME LEVELS
Size of family unit
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1
2
3
4
5
6
7
8
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
...................................................................................................................................................
Note: We use the 2021 annual lowincome levels because those are the
amounts that apply to the family income
reported by students enrolled for the fall
2020 semester. For family units with
more than eight members, add the
following amount for each additional
family member: $6,810 for the
contiguous 48 States, the District of
Columbia, and outlying jurisdictions;
$8,520 for Alaska; and $7,830 for
Hawaii.
The figures shown under family
income represent amounts equal to 150
percent of the family income levels
established by the U.S. Census Bureau
for determining poverty status. The
poverty guidelines were published on
February 1, 2021, in the Federal
Register by the U.S. Department of
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Health and Human Services (86 FR
7732), with an effective date of January
13, 2021.
Information about ‘‘metropolitan
statistical areas’’ referenced in 34 CFR
606.3(b)(4) and 607.3(b)(4) may be
obtained at: https://www.census.gov/
programs-surveys/metro-micro/
geographies/reference-maps.html.
Electronic Submission of Waiver
Applications: If your institution does
not appear in the eligibility system as
eligible for a program to which you seek
to apply, you must apply for a waiver
of the eligibility requirements. To
request a waiver, you must upload a
narrative at https://HEPIS.ed.gov/.
Exception to the Electronic
Submission Requirement: We
discourage paper applications, but if
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Family income
for the 48
contiguous
states, DC,
and outlying
jurisdictions
Family income
for Alaska
Family income
for Hawaii
$19,320
26,130
32,940
39,750
46,560
53,370
60,180
66,990
$24,135
32,655
41,175
49,695
58,215
66,735
75,255
83,775
$22,230
30,060
37,890
45,720
53,550
61,380
69,210
77,040
electronic submission is not possible
(e.g., you do not have access to the
internet), you must provide a written
statement that you intend to submit a
paper application. This written
statement must be postmarked no later
than 2 weeks before the application
deadline date (14 calendar days or, if
the 14th calendar day before the
application deadline date falls on a
Federal holiday, the next business day
following the Federal holiday).
Please send this statement to the
person listed in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
If you submit a paper application, you
must mail your application, on or before
the application deadline date, to the
Department at the following address:
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U.S. Department of Education,
Attention: Jason Cottrell, 400 Maryland
Avenue SW, Room 2B127, Washington,
DC 20202.
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.
(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.
(2) A mail receipt that is not dated by
the U.S. Postal Service.
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.
We will not consider applications
postmarked after the application
deadline date.
Applicable Regulations: (a) The
Education Department General
Administrative Regulations (EDGAR) in
34 CFR parts 75, 77, 79, 82, 84, 86, 97,
98, and 99. (b) The Office of
Management and Budget Guidelines to
Agencies on Governmentwide
Debarment and Suspension
(Nonprocurement) in 2 CFR 180, as
adopted and amended as regulations of
the Department in 2 CFR part 3485. (c)
The Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for Federal Awards
in 2 CFR part 200, as adopted and
amended as regulations of the
Department in 2 CFR part 3474. (d) The
regulations for certain title III programs
in 34 CFR part 607, and for the HSI
program in 34 CFR part 606. (e) The
notice of final requirements for the
PPOHA program published in the
Federal Register on July 27, 2010 (75 FR
44055).
Note: The regulations in 34 CFR part
79 apply to all applicants except
federally recognized Indian Tribes.
Note: The regulations in 34 CFR part
86 apply to institutions of higher
education only.
Note: There are no program-specific
regulations for the Part A PBI, Part A
NASNTI, and Part A AANAPISI
programs or any of the title III, part F
programs. Also, the HEA has been
amended since the Department last
issued regulations for programs
established under titles III and V of that
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statute. Accordingly, we encourage each
potential applicant to read applicable
sections of the HEA to fully understand
all applicable program eligibility
requirements.
II. Other Information
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document and a copy of the
application package in an accessible
format. The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, Braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. 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 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.
Nasser H. Paydar,
Assistant Secretary for Postsecondary
Education.
[FR Doc. 2023–00717 Filed 1–13–23; 8:45 am]
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AGENCY
[EPA–HQ–OAR–2023–0014, SAN 10573;
FRL 10573–01–OAR]
Clean Air Act Advisory Committee
(CAAAC): Request for Nominations
Environmental Protection
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ACTION: Request for Nominations to the
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AGENCY:
The U.S. Environmental
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nominations from a diverse range of
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SUMMARY:
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[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2611-2614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00717]
[[Page 2611]]
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DEPARTMENT OF EDUCATION
Eligibility Designations and Applications for Waiving Eligibility
Requirements; Programs Under Parts A and F of Title III and Programs
Under Title V of the Higher Education Act of 1965, as Amended (HEA)
AGENCY: Office of Postsecondary Education, Department of Education
(Department).
ACTION: Notice.
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SUMMARY: The Department announces the process for designation of
eligible institutions and invites applications for waivers of
eligibility requirements for fiscal year (FY) 2023, for the programs
listed in SUPPLEMENTARY INFORMATION.
DATES:
Applications Available: January 17, 2023.
Deadline for Transmittal of Applications: February 27, 2023.
FOR FURTHER INFORMATION CONTACT: Jason Cottrell, Ph.D., Institutional
Service, U.S. Department of Education, 400 Maryland Avenue SW, Room
2B127, Washington, DC 20202. Telephone: (202) 453-7530 or (202) 262-
1833. Email: [email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION: The Department announces the process for
designation of eligible institutions and invites applications for
waivers of eligibility requirements for FY 2023 for the following
programs:
1. Programs authorized under title III, part A of the HEA:
Strengthening Institutions Program (Part A SIP), Alaska Native and
Native Hawaiian-Serving Institutions (Part A ANNH), Predominantly Black
Institutions (Part A PBI), Native American-Serving Nontribal
Institutions (Part A NASNTI), and Asian American and Native American
Pacific Islander-Serving Institutions (Part A AANAPISI).
2. Programs authorized under title III, part F of the HEA:
Hispanic-Serving Institutions STEM and Articulation (Part F HSI STEM
and Articulation), Predominantly Black Institutions (Part F PBI),
Alaska Native and Native Hawaiian-Serving Institutions (Part F ANNH),
Native American-Serving Nontribal Institutions (Part F NASNTI), and
Asian American and Native American Pacific Islander-Serving
Institutions (Part F AANAPISI).
3. Programs authorized under title V of the HEA: Developing
Hispanic-Serving Institutions (HSI) and Promoting Postbaccalaureate
Opportunities for Hispanic Americans (PPOHA).
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Programs: The Part A SIP, Part A ANNH, Part A PBI, Part
A NASNTI, and Part A AANAPISI programs are authorized under title III,
part A of the HEA. The Part F HSI STEM and Articulation, Part F PBI,
Part F ANNH, Part F NASNTI, and Part F AANAPISI programs are authorized
under title III, part F of the HEA. The HSI and PPOHA programs are
authorized under title V of the HEA. Please note that certain programs
addressed in this notice have the same or similar names as other
programs that are authorized under a different statutory authority. For
this reason, we specify the statutory authority as part of the acronym
for certain programs.
Under the programs discussed above, institutions are eligible to
apply for grants if they meet specific statutory and regulatory
eligibility requirements. An institution of higher education that is
designated as an eligible institution may also receive a waiver of
certain non-Federal cost-sharing requirements for 1 year under the
Federal Supplemental Educational Opportunity Grant (FSEOG) program
authorized by title IV, part A of the HEA and the Federal Work-Study
(FWS) program authorized by section 443 of the HEA. Qualified
(eligible) institutions may receive the FSEOG and FWS waivers for 1
year even if they do not receive a grant under a title III or V grant
program. An applicant that receives a grant from the Student Support
Services (SSS) program that is authorized under section 402D of the
HEA, 20 U.S.C. 1070a-14, may receive a waiver of the required non-
Federal cost share for institutions for the duration of the grant. An
applicant that receives a grant from the Undergraduate International
Studies and Foreign Language (UISFL) program that is authorized under
section 604 of the HEA, 20 U.S.C. 1124, may receive a waiver or
reduction of the required non-Federal cost share for institutions for
the duration of the grant.
Sections 312, 502, and 512 of the HEA, 34 CFR 607.2-607.5, and 34
CFR 606.2-606.5 include most of the basic eligibility requirements for
grant programs authorized under titles III and V of the HEA. Sections
312(b)(1)(B) and 502(a)(2)(A) of the HEA provide that, to be eligible
for these programs, an institution of higher education's average
``educational and general expenditures'' (E&G) per full-time equivalent
(FTE) undergraduate student must be less than the average E&G
expenditures per FTE undergraduate student of institutions that offer
similar instruction in that year.
The National Center for Education Statistics (NCES) calculates Core
Expenses per FTE of institutions, a statistic like E&G per FTE. Both
E&G per FTE and Core Expenses per FTE are based on regular operational
expenditures of institutions (excluding auxiliary enterprises,
independent operations, and hospital expenses). They differ only in
that E&G per FTE is based on fall undergraduate enrollment, while Core
Expenses per FTE is based on 12-month undergraduate enrollment for the
academic year.
To avoid inconsistency in the data submitted to, and produced by,
the Department, for the purpose of sections 312(b)(1)(B) and
502(a)(2)(A) of the HEA, E&G per FTE is calculated using the same
methodology as Core Expenses per FTE. Accordingly, the Department will
apply the NCES methodology for calculating Core Expenses per FTE.
Institutions requesting an eligibility exemption determination must use
the Core Expenses per FTE data reported to NCES' Integrated
Postsecondary Education Data System (IPEDS) for the most currently
available academic year, in this case academic year 2020-2021.
Special Note: To qualify as an eligible institution under the grant
programs listed in this notice, your institution must satisfy several
criteria. For most of these programs, these criteria include those that
relate to the enrollment of needy students and to the Core Expenses per
FTE student count for a specified base year. The most recent data
available in IPEDS for Core Expenses per FTE are for base year 2020-
2021. To award FY 2023 grants in a timely manner, we will use these
data to evaluate eligibility.
Accordingly, each institution interested in either applying for a
new grant under the title III or V programs addressed in this notice,
or requesting a waiver of the non-Federal cost share, must be
designated as an eligible institution in FY 2023. Under the HEA, any
institution interested in applying for a grant under any of these
programs must first be designated as an eligible institution. See 34
CFR 606.5 and 607.5.
Note: Please be advised that final eligibility is program specific.
Applicants should refer to the program in question for programmatic
requirements. Further information regarding eligibility is set forth
below.
Eligible Applicants: The eligibility requirements for the programs
authorized under part A of title III of the HEA are in sections 312 and
317-320 of
[[Page 2612]]
the HEA (20 U.S.C. 1058, 1059d-1059g) and in 34 CFR 607.2-607.5. The
regulations may be accessed at www.ecfr.gov/cgi-bin/text-idx?SID=bc12bf5d685021e069cd1a15352b381a&mc=true&node=pt34.3.607&rgn=div5. The eligibility requirements for the programs authorized by part F
of title III of the HEA are in section 371 of the HEA (20 U.S.C.
1067q). There are currently no specific regulations for these programs.
The eligibility requirements for the title V HSI program are in
part A of title V of the HEA and in 34 CFR 606.2-606.5. The regulations
may be accessed at www.ecfr.gov/cgi-bin/text-idx?SID=bc12bf5d685021e069cd1a15352b381a&mc=true&node=pt34.3.606&rgn=div5l.
The requirements for the PPOHA program are in part B of title V of
the HEA and in the notice of final requirements published in the
Federal Register on July 27, 2010 (75 FR 44055), and in 34 CFR 606.2(a)
and (b) and 606.3-606.5.
The Department has instituted a process known as the Eligibility
Matrix (EM), under which we use information institutions submitted to
IPEDS to determine which institutions meet the basic eligibility
requirements for the programs authorized by title III or V of the HEA
listed above. To make eligibility determinations for FY 2023, we use an
institution's 2020-2021 enrollment and fiscal data. Beginning January
17, 2023, an institution will be able to review the Department's EM
eligibility decision by checking the eligibility system linked through
the Department's Institutional Service Eligibility website: https://www2.ed.gov/about/offices/list/ope/idues/eligibility.html. The direct
link is https://HEPIS.ed.gov/.
The EM is a read-only worksheet that lists all potentially eligible
postsecondary institutions. If the EM entry for your institution
indicates your institution is eligible for a particular program grant,
you will not need to apply for eligibility or submit a waiver request
as described in this notice. Rather, if you choose to apply for the
grant, you may print out the eligibility letter directly. If your
institution intends to apply for a program grant for which your EM
entry does not show your institution is eligible, you must submit the
application discussed in this notice before the application deadline of
February 27, 2023.
To check your institution's eligibility in the EM, go to https://HEPIS.ed.gov/, and log into the system using your email address and
password. If you are not sure whether you have an account in the
system, click the ``New User'' button. If you do not have an account,
the system will walk you through setup. Note that it may take up to 5
business days to verify user identity and to complete new account
setup, so please allow enough time to complete the application. If the
Grant Eligibility Application (GEA) system is open for new
applications, you may check your institution's eligibility status by
clicking the ``View pre-Eligibility Information'' button. Your
institution's eligibility information will display.
If the EM does not show that your institution is eligible for a
program, or if your institution does not appear in the eligibility
system, or if you disagree with the eligibility determination reflected
in the eligibility system, you can apply for a waiver or
reconsideration using the process described in this notice. The
application process mirrors that used in previous years: choose the
waiver option on the website at https://HEPIS.ed.gov/ and submit your
institution's application.
Please note that through this process, the Department does not
certify, nor designate, an institution as a Historically Black College
or University, Tribally Controlled College or University, Minority-
Serving Institution, or Hispanic-Serving Institution. The Department's
EM determination relates only to the institution's ability to apply for
and receive grants under certain programs as discussed in this notice.
Note: Institutions that submit a waiver request for either the Core
Expenses per FTE or the Needy Student requirement must submit the
required documents and supporting data and evidence by the deadline.
All reviews and decisions will be made approximately 2 weeks after the
deadline.
Enrollment of Needy Students: As noted above, to qualify as an
eligible institution under the grant programs listed in this notice,
your institution must satisfy several criteria, including those that
relate to the enrollment of needy students and to the Core Expenses per
FTE student count for a specified base year.
As to the enrollment of needy students, for programs under titles
III and V (excluding the PBI programs), an institution is considered to
have an enrollment of needy students if it meets either of the
following two criteria: (1) at least 50 percent of its degree-seeking
students received financial assistance under the Federal Pell Grant,
FSEOG, or FWS programs; or (2) the percentage of its undergraduate
degree-seeking 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 the second criterion, an institution's Federal
Pell Grant percentage for base year 2020-2021 must be more than the
median for its category of comparable institutions provided in the
2020-2021 Median Pell Grant and Average Core Expenses per FTE Student
Table in this notice. If your institution qualifies only under the
first criterion, you must submit an application containing the data
necessary to satisfy the first criterion (showing at least 50 percent
of your degree-seeking students received financial assistance under one
of several Federal student aid programs (the Federal Pell Grant, FSEOG,
or FWS programs)), since these data are not available in IPEDS.
``Enrollment of Needy Students'' for purposes of the Part A PBI
program is separately defined in section 318(b)(2) of the HEA, and for
purposes of the Part F PBI program is defined in section 371(c)(3) of
the HEA.
Core Expenses per FTE Student: For each of the following programs,
an institution should compare its base year 2020-2021 Core Expenses per
FTE student to the average Core Expenses per FTE student for its
category of comparable institutions using the 2020-2021 Median Pell
Grant and Average Core Expenses per FTE Student Table in this notice:
Title III, Part A SIP; Part A ANNH; Part A PBI; Part A NASNTI; Part A
AANAPISI; Title III, Part F HSI STEM and Articulation; Part F PBI; Part
F ANNH; Part F NASNTI; Part F AANAPISI; Title V, Part A HSI; and Title
V, Part B PPOHA. An institution satisfies this program eligibility
requirement if its Core Expenses for the 2020-2021 base year are less
than the average Core Expenses of its comparable institutional
category.
Core Expenses are defined as the total expenses for the essential
education activities of the institution. Core Expenses for public
institutions reporting under the Governmental Accounting Standards
Board (GASB) requirements include expenses for instruction, research,
public service, academic support, student services, institutional
support, operation and maintenance of plant, depreciation, scholarships
and fellowships, interest, and other operating and non-operating
expenses. Core Expenses for institutions reporting under the Financial
Accounting Standards Board (FASB) standards (primarily private, not-
for-profit, and for-profit institutions)
[[Page 2613]]
include expenses for instruction, research, public service, academic
support, student services, institutional support, net grant aid to
students, and other expenses. Core Expenses do not include Federal
student aid for the purposes of eligibility. For both FASB and GASB
institutions, Core Expenses do not include expenses for auxiliary
enterprises (e.g., bookstores, dormitories), hospitals, and independent
operations.
The following table identifies base year 2020-2021 median Federal
Pell Grant percentages and average Core Expenses per FTE student for
the four categories of comparable institutions:
------------------------------------------------------------------------
Base year Base year
2020-2021 2020-2021
Type of institution median Pell average core
grant expenses per
percentage FTE student
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2-year Public Institutions.............. 31 $17,326
2-year Nonprofit Private Institutions... 52 15,981
4-year Public Institutions.............. 33 34,341
4-year Nonprofit Private Institutions... 34 43,267
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Waiver Information: Institutions that do not meet the needy student
enrollment requirement or the Core Expenses per FTE requirement may
apply to the Secretary for a waiver of these requirements, as described
in sections 392 and 522 of the HEA, and in the implementing regulations
at 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 Core Expenses per FTE requirement must include in
their application detailed evidence supporting the waiver request, as
described in the instructions for completing the application.
The regulations governing the Secretary's authority to grant a
waiver of the needy student requirement refer to ``low-income''
students or families, at 34 CFR 606.3(b)(2) and (3) and 607.3(b)(2) and
(3). 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. Census Bureau.
For purposes of this waiver provision, the following table sets
forth the low-income levels (at 150 percent) for various family sizes:
2021 Annual Low-Income Levels
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Family income
for the 48
contiguous Family income Family income
Size of family unit states, DC, for Alaska for Hawaii
and outlying
jurisdictions
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1............................................................... $19,320 $24,135 $22,230
2............................................................... 26,130 32,655 30,060
3............................................................... 32,940 41,175 37,890
4............................................................... 39,750 49,695 45,720
5............................................................... 46,560 58,215 53,550
6............................................................... 53,370 66,735 61,380
7............................................................... 60,180 75,255 69,210
8............................................................... 66,990 83,775 77,040
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Note: We use the 2021 annual low-income levels because those are
the amounts that apply to the family income reported by students
enrolled for the fall 2020 semester. For family units with more than
eight members, add the following amount for each additional family
member: $6,810 for the contiguous 48 States, the District of Columbia,
and outlying jurisdictions; $8,520 for Alaska; and $7,830 for Hawaii.
The figures shown under family income represent amounts equal to
150 percent of the family income levels established by the U.S. Census
Bureau for determining poverty status. The poverty guidelines were
published on February 1, 2021, in the Federal Register by the U.S.
Department of Health and Human Services (86 FR 7732), with an effective
date of January 13, 2021.
Information about ``metropolitan statistical areas'' referenced in
34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained at: https://www.census.gov/programs-surveys/metro-micro/geographies/reference-maps.html.
Electronic Submission of Waiver Applications: If your institution
does not appear in the eligibility system as eligible for a program to
which you seek to apply, you must apply for a waiver of the eligibility
requirements. To request a waiver, you must upload a narrative at
https://HEPIS.ed.gov/.
Exception to the Electronic Submission Requirement: We discourage
paper applications, but if electronic submission is not possible (e.g.,
you do not have access to the internet), you must provide a written
statement that you intend to submit a paper application. This written
statement must be postmarked no later than 2 weeks before the
application deadline date (14 calendar days or, if the 14th calendar
day before the application deadline date falls on a Federal holiday,
the next business day following the Federal holiday).
Please send this statement to the person listed in the FOR FURTHER
INFORMATION CONTACT section of this notice.
If you submit a paper application, you must mail your application,
on or before the application deadline date, to the Department at the
following address:
[[Page 2614]]
U.S. Department of Education, Attention: Jason Cottrell, 400 Maryland
Avenue SW, Room 2B127, Washington, DC 20202.
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.
(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.
(2) A mail receipt that is not dated by the U.S. Postal Service.
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.
We will not consider applications postmarked after the application
deadline date.
Applicable Regulations: (a) The Education Department General
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 82, 84,
86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)
in 2 CFR 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR part
200, as adopted and amended as regulations of the Department in 2 CFR
part 3474. (d) The regulations for certain title III programs in 34 CFR
part 607, and for the HSI program in 34 CFR part 606. (e) The notice of
final requirements for the PPOHA program published in the Federal
Register on July 27, 2010 (75 FR 44055).
Note: The regulations in 34 CFR part 79 apply to all applicants
except federally recognized Indian Tribes.
Note: The regulations in 34 CFR part 86 apply to institutions of
higher education only.
Note: There are no program-specific regulations for the Part A PBI,
Part A NASNTI, and Part A AANAPISI programs or any of the title III,
part F programs. Also, the HEA has been amended since the Department
last issued regulations for programs established under titles III and V
of that statute. Accordingly, we encourage each potential applicant to
read applicable sections of the HEA to fully understand all applicable
program eligibility requirements.
II. Other Information
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, Braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. 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 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.
Nasser H. Paydar,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2023-00717 Filed 1-13-23; 8:45 am]
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