[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]


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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.

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    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

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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
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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...................
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    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
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                                                       Family income for
                                                       the 48 contiguous
                 Size of family unit                    States, DC, and    Family income for   Family income for
                                                           outlying             Alaska              Hawaii
                                                         jurisdictions
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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
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    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: http://www.ed.gov/programs/iduestitle3a/index.html 
or http://www.ed.gov/hsi.
    If your institution is unable to meet the needy student enrollment 
requirement or the average E&G expenditure requirement and wishes to 
request a waiver of one or both of these requirements, you must 
complete your designation application form electronically and transmit 
your waiver request narrative document from the

[[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]
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