[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 39003-39007]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16372]


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DEPARTMENT OF EDUCATION

[Docket ID ED-2010-OPE-0007]


SAFRA Act Payments to Loan Servicers for Job Retention

ACTION: Interim final requirements; request for comments.

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SUMMARY: The U.S. Secretary of Education (Secretary) establishes 
requirements to implement section 458(a)(7) of the Higher Education Act 
of 1965, as amended (HEA), as added by section 2212(b)(1) of the SAFRA 
Act, title II of the Health Care and Education Reconciliation Act of 
2010 (SAFRA). Under this provision of the law, the Secretary provides 
payments to student loan servicers in Federal fiscal year (FY) 2010 and 
FY 2011 for retaining jobs at locations in the United States where such 
servicers were operating under title IV, part B of the HEA (the Federal 
Family Education Loan Program) on January 1, 2010.
    As discussed in more detail elsewhere in these interim final 
requirements, the Department adopts these requirements for FY 2010 on 
an interim final basis. We also request public comment on these 
requirements. After consideration of these comments, the Secretary will 
publish final requirements that will govern the program for FY 2011.

DATES: These requirements are effective July 7, 2010. We must receive 
your comments by August 6, 2010.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments by fax or by e-mail. Please submit your comments only 
one time, in order to ensure that we do not receive duplicate copies. 
In addition, please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to http://www.regulations.gov to submit your comments electronically. Information 
on using Regulations.gov, including instructions for accessing agency 
documents, submitting comments, and viewing the docket, is available on 
the site under ``How To Use This Site.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments about these interim final requirements, 
address them to Donald Conner, 1990 K Street, NW., Room 8030, 
Washington, DC 20006.

    Privacy Note: The Department's policy for comments received from 
members of the public (including those comments submitted by mail, 
commercial delivery, or hand delivery) is to make these submissions 
available for public viewing in their entirety on the Federal 
eRulemaking Portal at http://www.regulations.gov. Therefore, 
commenters should be careful to include in their comments only 
information that they wish to make publicly available on the 
Internet.


FOR FURTHER INFORMATION CONTACT: Donald Conner, Telephone: 202-502-7818 
or by e-mail: Donald.conner@ed.gov.
    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, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Invitation To Comment

    We invite you to submit comments regarding these interim final 
requirements. To ensure that your comments have maximum effect in 
developing the requirements for FY 2011 for this program, we urge you 
to identify clearly the specific section or sections of the interim 
final requirements that each of your comments addresses and to arrange 
your comments in the same order as in the interim final requirements.
    We invite you to assist us in complying with the specific 
requirements of Executive Order 12866 and its overall requirement of 
reducing regulatory burden that might result from these interim final 
requirements. Please let us know of any further opportunities we should 
take to reduce potential costs or increase potential benefits while 
preserving the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about these interim final requirements by accessing 
Regulations.gov. You may

[[Page 39004]]

also inspect the comments, in person, in room 8031, 1990 K Street, NW., 
Washington, DC, between the hours of 8:30 a.m. and 4 p.m., Washington, 
DC time, Monday through Friday of each week except Federal holidays.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for these interim final requirements. If you 
want to schedule an appointment for this type of accommodation or 
auxiliary aid, please contact the person listed under FOR FURTHER 
INFORMATION CONTACT.

Background

    On March 30, 2010, the President signed into law the Health Care 
and Education Reconciliation Act of 2010, Public Law 111-152, title II 
of which is the SAFRA Act. SAFRA made a number of changes to the 
Federal student financial aid programs under title IV of the HEA. One 
of the most significant changes made by SAFRA is to end new loans under 
the Federal Family Education Loan (FFEL) Program authorized by title 
IV, part B of the HEA as of July 1, 2010. Beginning July 1, 2010, 
borrowers will receive any Stafford, PLUS, and Consolidation loans made 
under the William D. Ford Federal Direct Loan Program. In connection 
with the termination of the FFEL Program, SAFRA amended the HEA to 
require the Secretary to provide payments to loan servicers for 
retaining jobs at locations in the United States where such servicers 
were operating under the FFEL Program on January 1, 2010. SAFRA 
authorized and appropriated $25,000,000 for each of FY 2010 and FY 2011 
for the Department to make these payments.
    For FY 2010, the Secretary will allocate funds directly to loan 
servicers actively engaged in servicing FFEL loans in the United States 
as of January 1, 2010. Eligible entities may apply for funding in 
accordance with the procedures included in these interim final 
requirements, for each location at which it operated on January 1, 
2010. The Secretary will allocate the payments among eligible 
applicants based on the servicer's relative annualized payroll of 
employees engaged in FFEL loan origination activities at each location 
in the United States where it was servicing loans as of January 1, 
2010, weighted by the local unemployment rate of the county or county 
equivalent in which the facility is located.
    For FY 2011 the Secretary will use, subject to consideration of 
public comments received on these interim final requirements, the same 
approach as that for FY 2010 but will also take into account the status 
of the servicer's job retention efforts since the enactment of SAFRA.

    Note: To ensure consideration of an application for funding 
under this program, a complete, signed application and all required 
information must be received by the Department on or before August 
6, 2010. Instructions for completing and submitting the application 
are in the application package, which can be obtained by contacting 
Donald Conner, 202-502-7818, or by e-mail: Donald.conner@ed.gov; or 
by going to http://www.ed.gov/programs/safra/index.html.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the 
Department is generally required to publish a notice of proposed 
rulemaking and provide the public with an opportunity to comment on 
proposed regulations prior to establishing a final rule. However, we 
are waiving the notice-and-comment rulemaking requirements under the 
APA. Section 553(b) of the APA provides that an agency is not required 
to conduct notice-and-comment rulemaking when the agency for good cause 
finds that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest. Although these 
requirements are subject to the APA's notice-and-comment requirements, 
the Secretary has determined that it would be impracticable and 
contrary to the public interest to conduct notice-and-comment 
rulemaking.
    These interim final requirements are needed to ensure timely 
allocation of funds to loan servicers to meet the intent of the law. 
The Secretary is required to award these funds by September 30, 2010. 
Even on an extremely expedited timeline, the Department believes that 
it would be impracticable for it to conduct notice-and-comment 
rulemaking and to promulgate final requirements in time for FY 2010 
funds to be distributed in accordance with section 458(a)(7) of the HEA 
by that deadline. More specifically, the Department will need to 
provide potential applicants with 30 days to submit their applications, 
and the Department's review of the applications will take approximately 
20 days. Upon conclusion of that review and the initial selection of 
applicants for funding, the selected applicants will require 15 days to 
submit their revised plans, and the Department will then need 15 days 
to prepare its final funding list and make awards by September 30, 
2010. It simply would not be possible for the Department to solicit and 
respond to public comments, establish final requirements, and then 
conduct the competition for funding in the short amount of time 
remaining before September 30, 2010.
    Accordingly, the Secretary is issuing these interim final 
requirements without first publishing proposed requirements for public 
comment.
    Although the Department is adopting these requirements on an 
interim final basis, the Department requests public comment on these 
requirements so that any modifications, if necessary, can be made for 
implementation of the program in FY 2011. After consideration of public 
comments, the Secretary will publish final requirements.
    The APA also requires that a substantive rule be published at least 
30 days before its effective date, except as otherwise provided for 
good cause (5 U.S.C. 553(d)(3)). For the reasons outlined in the 
preceding paragraphs, the Secretary has determined that a delayed 
effective date for these interim final requirements would be 
unnecessary and contrary to the public interest, and that good cause 
exists to waive the requirement for a delayed effective date. As such, 
these requirements are effective on the date they are published.

Summary of the Interim Final Requirements

    These interim final requirements include the following provisions, 
which we have determined are necessary to implement section 458(a)(7) 
of the HEA:
     Application process and eligibility requirements. This 
notice describes the application process requirements for eligible 
entities to receive funds for FY 2010 and FY 2011. Applicants need not 
be recipients of FY 2010 funds to be eligible to apply for FY 2011 
funds.
     Definitions. This notice establishes definitions for key 
terms used for this program, including adjusted eligible payroll, 
domestic employees, eligible employees, eligible entity, eligible 
payroll, local unemployment rate, review period, servicing FFEL loans, 
and total payroll.
     Allowable Use of Funds. This notice describes the types of 
activities for which grantees can use funds awarded under this program.
     Content of application requirements. This notice describes 
the information, including a job retention

[[Page 39005]]

plan, that eligible entities must include in their applications.
     Reporting requirements and required deadlines. This notice 
describes the annual reporting requirements on the use of funds and the 
deadlines for the reports.
     Funding allocation formulas for FY 2010 and FY 2011. This 
notice describes the allocation formula to be used for the distribution 
of funds for both FY 2010 and FY 2011; however, the requirements for FY 
2011 may be amended in response to the request for public comments in 
this notice.

Interim Final Requirements

Process

    Any entity submitting an application for a payment under section 
458(a)(7) of the HEA must be an eligible entity (as defined in this 
notice). Applicants that submit an application, including a plan to use 
FY 2010 funds that meets the requirements set forth in this notice, and 
that have an eligible payroll, will be notified by the Department of 
the actual amount of funds they will receive for FY 2010. After 
receiving this notification, but before the Department disburses funds 
to the applicant, the applicant must submit to the Secretary an updated 
plan that describes how the applicant will use the funds to preserve 
jobs; this updated plan must be based on the actual amount of funding 
the applicant will receive.
    Applicants need not be recipients of FY 2010 funds to be eligible 
to apply for FY 2011 funds.
    Only eligible entities submitting complete applications by the 
application deadline will be considered for funding. Any funds received 
and not used in accordance with the Allowable Use of Funds requirement 
established in this notice must be returned to the Secretary.
    Definitions: For purposes of this program, we are establishing the 
following definitions:
    Adjusted Eligible Payroll: For each location, the adjusted eligible 
payroll is the payroll amount determined by applying the unemployment 
adjustment formula (described in these requirements) to the eligible 
payroll for that location.
    Domestic Employees: The eligible entity's employees, but not 
contractors, working for a location in a State as defined by section 
103(20) of the HEA.
    Eligible Employees: The eligible entity's domestic employees, 
employed by the eligible entity as of March 31, 2010, who spent more 
than 50 percent of their time during the review period working for one 
of the eligible entity's locations to market, evaluate, authorize, or 
recommend approval of FFEL Program loans.
    Eligible Entity: Any company or organization that was engaged in 
servicing FFEL loans on January 1, 2010, and that submits a complete 
application by the deadline established by the Secretary.
    Eligible Payroll: The total annual contribution and benefit base, 
as defined by 42 U.S.C. 430, for all eligible employees at each 
location.
    Local Unemployment Rate: The unemployment rate of the county or 
county equivalent in which a facility is located for the 12-month 
period ending on March 31, 2010. For purposes of this definition, the 
Secretary will use current local area unemployment statistics for 
counties and county equivalents compiled by the U.S. Bureau of Labor 
Statistics, rounded to the nearest one-tenth of one percent: http://www.bls.gov/lau.
    Review Period: For the purposes of determining total payroll for FY 
2010 funds, the one-year period ending on March 31, 2010, the date of 
enactment of the SAFRA Act, used to calculate the number of eligible 
employees. For the purposes of determining total payroll for FY 2011 
funds, the one-year period ending on March 31, 2011.
    Servicing FFEL Loans: Providing collection, origination, deferment 
processing, and borrower contact services to a lender in connection 
with FFEL Loans.
    Total Payroll: The total annual contribution and benefit base as 
defined by 42 U.S.C. 430, for all domestic employees at each location 
during the review period.

Requirements

    Allowable Use of Funds: Eligible entities must use funds awarded 
under this program for either or both of the following:
    (a) Job training and related services to permit current employees, 
whose employment status has been negatively affected by SAFRA, to 
maintain employment with the eligible entity.
    (b) Job training and related services that lead laid-off eligible 
employees to a position at another entity.
    Content of Application: Eligible entities that apply to the 
Secretary for funding under this program must include, as part of their 
application, a job retention plan. That job retention plan must 
include, for each location for which the applicant is requesting funds:
    (a) A viable business plan describing how the applicant plans to 
continue the employment of employees who might otherwise lose their 
jobs due to the termination of new originations in the FFEL Program;
    (b) The address of each facility in each location for which the 
applicant is requesting payment;
    (c) For each location, the number of total employees and total 
payroll and the number of eligible employees and eligible payroll; and
    (d) A budget and timeline outlining how the applicant will use the 
funds in accordance with this program's Allowable Use of Funds 
requirement (described in this notice).
    Reporting Requirements: Each recipient of funds under this program 
must submit a report to the Secretary for each year funds are received.
    Content of Report. The report must include--
    (a) An accounting of how all funds were used at each location;
    (b) A description of all activities funded at each location; and
    (c) A description and analysis of the effect of the use of those 
funds on job retention of eligible employees.
    Deadlines. Eligible entities that receive FY 2010 funds under this 
program, but that will not apply for FY 2011 funds, must submit the 
report to the Secretary no later than one year from the receipt of 
funds for FY 2010.
    Eligible entities that receive funds for FY 2010 and that will 
apply for FY 2011 funds under this program must submit the required 
report prior to the application deadline for FY 2011 funding.
    Eligible entities that receive funds under this program for FY 2011 
must submit a report regarding those funds to the Secretary no later 
than one year from the date of receipt of FY 2011 funds.

Funding Allocation Formula--FY 2010

    General. To determine the amount of funding to be disbursed to 
eligible entities under this program, the Secretary will calculate the 
adjusted eligible payroll for each location of each eligible entity as 
a proportion of the total adjusted eligible payroll for all locations 
across all eligible entities. The Secretary will then distribute the 
$25 million available based on those proportions.
    Calculating Adjusted Eligible Payroll. For each location of an 
eligible entity, the Secretary will adjust the location's eligible 
payroll by applying a formula that takes into consideration the local 
unemployment rate for the location.
    Unemployment Adjustment Formula. The Secretary will apply a sliding 
scale formula based on the difference (D) between the Local 
Unemployment Rate (L) for each location and the national

[[Page 39006]]

historical unemployment rate for 1948-2009 (N), which is used to 
compute an adjustment multiplier (M).

N = 5.8
D = L-N
If D < 2, then M = 1
If D >= 2, then M = D/2

    Adjusted eligible payroll for each location is calculated by 
multiplying the location's eligible payroll by the adjustment 
multiplier (M).
    The following chart contains six examples of the application of the 
unemployment adjustment formula:

------------------------------------------------------------------------
                   Difference (D)                       Multiplier (M)
------------------------------------------------------------------------
-1..................................................                1
1.3.................................................                1
2.7.................................................                1.35
3.5.................................................                1.75
5.8.................................................                2.9
9...................................................                4.5
------------------------------------------------------------------------

Funding Allocation Formula--FY 2011

    For FY 2011, funds will be distributed according to the Funding 
Allocation Formula--FY 2010, except that the Secretary will also 
consider the facility's job retention performance. Specifically, to 
determine the facility's job retention performance, the Secretary will 
adjust each eligible entity's eligible payroll for FY 2011 to take into 
account any decrease in total payroll for each of the eligible entity's 
domestic U.S. locations on a dollar-for-dollar basis. The Secretary 
will adjust an entity's eligible payroll only when there is a decrease 
in total payroll; no adjustments will otherwise be made.

    Example: At one location, an entity's eligible payroll before 
being adjusted for unemployment was $15,000,000 and the total 
payroll for the applicant at the same time was $100,000,000. If by 
the time the entity applies for FY 2011 funds, its total payroll at 
that location decreases by $5,000,000 to $95,000,000, then its 
eligible payroll at that one location, before being adjusted for 
unemployment, decreases by $5,000,000 to $10,000,000. After these 
new eligible payroll amounts are determined and then adjusted for 
unemployment for all of the eligible entity's locations, proportions 
will be determined and the $25,000,000 for 2011 will be divided 
among eligible entities' locations accordingly.

Executive Order 12866

    Under Executive Order 12866, the Secretary must determine whether a 
regulatory action is ``significant'' and therefore subject to the 
requirements of the Executive order and subject to review by the Office 
of Management and Budget (OMB). Section 3(f) of Executive Order 12866 
defines a ``significant regulatory action'' as an action likely to 
result in a rule that may (1) have an annual effect on the economy of 
$100 million or more, or adversely affect a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local or Tribal governments or communities in a 
material way (also referred to as an ``economically significant'' 
rule); (2) create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency; (3) materially alter the 
budgetary impacts of entitlement grants, user fees, or local programs 
or the rights and obligations of recipients thereof; or (4) raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive order. The 
Secretary has determined that this regulatory action is not significant 
under section 3(f) of the Executive order.

Potential Costs and Benefits

    Under Executive Order 12866, we have assessed the potential costs 
and benefits of this regulatory action and have determined that this 
rule will not impose additional costs to State applicants, grantees, or 
the Federal government. The Department is issuing these requirements to 
implement a new legislative provision resulting from the enactment of 
the SAFRA Act. Additionally, the Department has determined that this 
regulatory action does not unduly interfere with State, local, and 
Tribal governments in the exercise of their governmental functions.

Regulatory Flexibility Act Certification

    The Secretary certifies that these interim final requirements will 
not have a significant economic impact on a substantial number of small 
entities. The U.S. Small Business Administration Size Standards define 
for-profit servicers as ``small businesses'' if they are independently 
owned and operated and not dominant in their field of operation with 
total annual revenue below $7,000,000. Other servicers would be 
considered small if they are a nonprofit servicer independently owned 
and operated and not dominant in their field of operation, or if they 
are institutions controlled by governmental entities with populations 
below 50,000. The Department estimates that approximately thirty-seven 
servicers will apply. Of this group, approximately fifteen are expected 
to be for-profit servicers, none of which are expected to fall below 
the $7,000,000 revenue threshold for small business status. 
Approximately twenty-two non-profit or public servicers could apply. 
Even if we assume all servicers are considered to be small entities, 
the rule does not impose significant costs.
    The Secretary makes this certification because the rule offers 
servicers the opportunity to apply for payments for job retention, but 
does not mandate participation or impose cost-matching requirements. 
Even if all thirty-seven servicers expected to apply are assumed to be 
small entities, the estimated cost to apply for funds, update their job 
retention plans, and submit the required reports is approximately $723 
per institution. An hourly rate of $21.60 was used to monetize the 
burden of these provisions. This was a blended rate based on wages of 
$18.82 for office staff and $37.37 for managers, assuming that office 
staff would perform 85 percent of the work affected by these 
regulations. The Secretary invites comments from small institutions and 
other affected entities as to whether they believe the proposed changes 
would have a significant economic impact on them and, if so, requests 
evidence to support that belief.

Paperwork Reduction Act of 1995

    The interim final requirements contain information collection 
requirements. Under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the Department of Education has submitted a copy of these 
requirements to the Office of Management and Budget (OMB) for its 
review.
    Collection of Information: SAFRA Act Payments to Loan Servicers for 
Job Retention.

I. Application and Initial Plan

    Any entity submitting an application for a payment under section 
458(a)(7) of the HEA must be an eligible entity (as defined in this 
notice). Applicants that submit an application, including a plan to use 
FY 2010 funds that meets the requirements set forth in this notice, and 
that have an eligible payroll, will be notified by the Department of 
the actual amount of funds they will receive for FY 2010. We estimate 
that 37 servicers would submit an application, including a plan 
describing how they would use FY 2010 funds in accordance with the 
requirements in this notice. We estimate that each application would 
take an applicant 1 hour to complete, totaling 37 hours of new burden 
that would be included for approval under OMB Control Number 1840-0815. 
We estimate that development of each plan would take, on average, 14 
hours for a total of 518 hours of new burden that would be included for 
approval under OMB Control Number 1840-0815. Collectively, the total 
estimated burden

[[Page 39007]]

for servicers to complete an application for these job retention funds, 
including developing their initial plans describing how the applicants 
would use funds, would be 555 hours of new burden under OMB Control 
Number 1840-0815.

II. Updated Plan

    After the Department notifies the applicant, but before the 
Department disburses funds to the applicant, the applicant must submit 
to the Secretary an updated plan that describes how the applicant will 
use the funds to preserve jobs; this updated plan must be based on the 
actual amount of funding the applicant will receive, as indicated in 
the notification provided by the Department. We estimate that each of 
the projected 37 applicants would take an additional 7 hours to update 
their plans for final submission to the Secretary for a total of 259 
hours of new burden under OMB Control Number 1840-0815.

III. Reporting

    Each recipient of funds under this program must submit a report to 
the Secretary for each year funds are received. We expect that all 37 
estimated applicants would ultimately receive funds under this program.
    Each recipient's report must include an accounting of how all funds 
were used at each location; a description of all activities funded at 
each location; and a description and analysis of the effect of the use 
of those funds on job retention of eligible employees. We estimate that 
each of the projected 37 recipients of these job retention funds would 
take, on average, 25 hours to collect the required information and 
report it to the Secretary, for a total of 925 hours of new burden 
under OMB Control Number 1840-0815.

                                            Collection of Information
----------------------------------------------------------------------------------------------------------------
                 Regulatory section                    Information  collection              Collection
----------------------------------------------------------------------------------------------------------------
I. Application.....................................  Qualified student loan      OMB 1840-0815. This is a new
                                                      servicers can complete an   collection for which the
                                                      application and an          Office of Management and
                                                      initial job retention       Budget has provided emergency
                                                      plan to obtain funding      approval. The Department will
                                                      consistent with the         also conduct a regular
                                                      requirements of this        clearance in order to award FY
                                                      notice.                     2011 funds and will publish a
                                                                                  separate 60-day Federal
                                                                                  Register notice seeking public
                                                                                  comment. The burden would
                                                                                  increase by 555 hours.
II. Updated plan...................................  Qualified student loan      OMB 1840-0815. This is a new
                                                      servicers who are           collection for which the
                                                      selected to participate     Office of Management and
                                                      in this program must,       Budget has provided emergency
                                                      prior to receiving their    approval. The Department will
                                                      funding, update and         also conduct a regular
                                                      submit their plan once      clearance in order to award FY
                                                      the amount awarded is       2011 funds and will publish a
                                                      known to the recipient.     separate 60-day Federal
                                                                                  Register notice seeking public
                                                                                  comment. The burden would
                                                                                  increase by 259 hours.
III. Reporting.....................................  Annually, each recipient    OMB 1840-0815. This is a new
                                                      entity must report          collection for which the
                                                      consistent with the         Office of Management and
                                                      requirements in this        Budget has provided emergency
                                                      notice by the deadline      approval. The Department will
                                                      established by the          also conduct a regular
                                                      Secretary.                  clearance in order to award FY
                                                                                  2011 funds and will publish a
                                                                                  separate 60-day Federal
                                                                                  Register notice seeking public
                                                                                  comment. The burden would
                                                                                  increase by 925 hours.
----------------------------------------------------------------------------------------------------------------

Intergovernmental Review

    This program is not subject to Executive Order 12372 and the 
regulations in 34 CFR 79.

Electronic Access to This Document

    You may view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister. To use PDF, you must have Adobe Acrobat 
Reader, which is available free at this site.

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

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

    Dated: June 30, 2010.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
[FR Doc. 2010-16372 Filed 7-6-10; 8:45 am]
BILLING CODE 4000-01-P