76636 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Proposed Rules 

time, and place for the public hearing 

will be published in the Federal 

Register. 

Drafting Information 

The principal author of these 

regulations is Stephen R. Cleary of the 

Office of Associate Chief Counsel 

(Corporate). Other personnel from 

Treasury and the IRS participated in 

their development.

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements.

Proposed Amendments to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows:

PART 1—INCOME TAXES 

Paragraph 1. The authority citation for 

part 1 continues to read, in part, as 

follows:

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 1.1374–8 is amended 

by redesignating paragraph (a) as 

paragraph (a)(1) and adding paragraph 

(a)(2) to read as follows:

§ 1.1374–8 Section 1374(d)(8) transactions. 

(a) (1) * * * 

(2) [The text of the proposed 

amendment to § 1.1374–8(a)(2) is the 

same as the text of § 1.1374–8T(a)(2) 

published elsewhere in this issue of the 

Federal Register.].

* * * * *

Par. 3. In § 1.1374–10, paragraph (c) is 

added to read as follows:

§ 1.1374–10 Effective date and additional 

rules

* * * * *

(c) The text of proposed § 1.1374–

10(c) is the same as the text of § 1.1374–

10T(c) published elsewhere in this issue 

of the Federal Register].

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement.

[FR Doc. 04–28012 Filed 12–21–04; 8:45 am] 

BILLING CODE 4820–01–P

DEPARTMENT OF EDUCATION

34 CFR Parts 606, 607, 611, 637, 648, 

656, 657, 658, 660, 661, 662, 663, 664, 

and 669 

Higher Education Programs

AGENCY: Office of Postsecondary 

Education, Department of Education.

ACTION: Notice of proposed rulemaking.

SUMMARY: The proposed regulations will 

remove all references to points in the 

selection criteria the Department of 

Education (Department) uses to evaluate 

applications submitted under the higher 

education discretionary grant programs. 

We are proposing this action because 

the current point assignments are 

outdated and do not permit sufficient 

flexibility to establish important 

program objectives. Taking this action 

will allow us that flexibility and ensure 

grant awards are made to high quality 

applicants. 

The proposed regulations also would 

remove the requirement that in 

competitions for grants under the 

Partnership and Teacher-Recruitment 

components of the Teacher Quality 

Enhancement Grants Program, the 

Secretary hold a two-stage competition 

in which applicants must submit a preapplication and a full application. The 

current structure has not proven 

effective in producing high quality 

applications for this program. Removing 

the requirement for a pre-application 

will reduce burden on applicants and 

the Department and allow both to target 

their resources on the full application 

stage. 

There are some amendments in the 

proposed regulations that are purely 

technical corrections to the regulations.

DATES: We must receive your comments 

on or before January 21, 2005.

ADDRESSES: Address all comments about 

these proposed regulations to Lorraine 

Kennedy, U.S. Department of Education, 

PO Box 33553, Washington, DC 20033 

or by e-mail at the following address: 

DiscretionaryGrantcomments@ed.gov.

You may also send your comments to us 

through the Internet at the U.S. 

Government Web site: http://

www.regulations.gov.

If you want to comment on the 

information collection requirements, 

you must send your comments to the 

Office of Management and Budget at the 

address listed in the Paperwork 

Reduction Act section of this preamble. 

You may also send a copy of these 

comments to the Department 

representative named in this section.

FOR FURTHER INFORMATION CONTACT:

Lorraine Kennedy, U.S. Department of 

Education, 1990 K Street, NW., room 

8018, Washington, DC 20006–8544. 

Telephone: (202) 502–7762. Pamela 

Maimer, U.S. Department of Education, 

1990 K Street, NW., room 8014, 

Washington, DC 20006–8544. 

Telephone: (202) 502–7704. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Information Relay Service 

(FIRS) at 1–800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Invitation To Comment 

We invite you to submit comments 

regarding these proposed regulations. 

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 proposed regulations. 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 proposed regulations in 

room 8054, 1990 K Street, NW., 

Washington, DC, between the hours of 

8:30 a.m. and 4 p.m., Eastern time, 

Monday through Friday of each week 

except Federal holidays. 

Assistance to Individuals With 

Disabilities in Reviewing the 

Rulemaking Record 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for these proposed regulations. If 

you want to schedule an appointment 

for this type of aid, please contact one 

of the individuals listed under FOR

FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION: The 

Secretary proposes to amend 34 CFR 

parts 606, 607, 637, 648, 656, 657, 658, 

660, 661, 662, 663, 664, and 669 by 

removing the mandatory point values 

from the selection criteria in the 

regulations associated with the 

application process for discretionary 

grant programs. The current regulations 

that mandate specific point values to the 

selection criteria in these discretionary 

grant programs are out-of-date. The 

proposed regulations would give the 

Secretary the flexibility to select specific 

point values from year to year to address 

current priorities for the programs. The 

removal of the mandatory point values 

from the selection criteria for these grant 

programs is also consistent with the 

manner in which the Department 

assigns points to selection criteria for 

many other discretionary grant 

programs. 

Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Proposed Rules 76637

The Secretary also proposes to amend 

the regulations in 34 CFR part 611, 

which govern the Teacher Quality 

Enhancement Grants (TQE) program. 

The effect of these amendments would 

be to make discretionary the existing 

requirement that in competitions for 

grants under the program’s Partnership 

and Teacher-Recruitment components, 

the Secretary conduct a two-stage 

process for selecting applicants 

involving the submission and review of 

pre-applications and full applications. 

We adopted the two-stage process in 

2000 in the belief that by inviting full 

applications only from those applicants 

that, on the basis of the preapplications, showed promise of being 

able to submit high-quality full 

applications, we would decrease total 

burden on all applicants and, at the 

same time, enable those who review and 

score applications to focus on those 

with the most promise of being funded. 

See the notice of proposed rulemaking 

published in the Federal Register on 

February 11, 2000 at 65 FR 6939. 

However, under this process, not only 

has the Department historically received 

many fewer applications than 

anticipated, but it also has little 

evidence that the use of a preapplication stage has helped to promote 

the Department’s receipt of high-quality 

full applications for either component of 

the TQE program. As a result, burden 

has not been reduced but rather has 

been inadvertently increased without 

any commensurate return in quality 

applications. While wishing to reserve 

the ability to use a two-stage review 

process should circumstances change, 

and given its experience, the 

Department now wishes to have the 

option of utilizing a single-stage 

application process as is the typical 

procedure in other discretionary grant 

programs.

Executive Order 12866 

1. Potential Costs and Benefits 

Under Executive Order 12866, we 

have assessed the potential costs and 

benefits of this regulatory action. 

The potential costs associated with 

the proposed regulations are those 

resulting from statutory requirements 

and those we have determined to be 

necessary for administering these 

programs effectively and efficiently. 

Elsewhere in this SUPPLEMENTARY

INFORMATION section we identify and 

explain burdens specifically associated 

with information collection 

requirements. See the heading 

Paperwork Reduction Act of 1995. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this regulatory action, 

we have determined that the benefits 

would justify the costs. 

We have also determined that this 

regulatory action would not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

2. Clarity of Regulations 

Executive Order 12866 and the 

Presidential memorandum of June 11, 

1988 on ‘‘Plain Language in Government 

Writing’’ require each agency to write 

regulations that are easy to understand. 

The Secretary invites comments on 

how to make these proposed regulations 

easier to understand, including answers 

to questions such as the following: 

• Are the requirements in the 

proposed regulations clearly stated? 

• Do the proposed regulations contain 

technical terms or other working that 

interferes with their clarity? 

• Does the format of the proposed 

regulations (grouping and order of 

sections, use of headings, paragraphing, 

etc.) aid or reduce their clarity? 

• Would the proposed regulations be 

easier to understand if we divided them 

into more (but shorter) sections? (A 

‘‘section’’ is preceded by the symbol 

‘‘§ ’’ and a numbered heading; for 

example, § 606.20 How does the 

Secretary choose applications for 

funding?) 

• Could the description of the 

proposed regulations in the 

SUPPLEMENTARY INFORMATION section of 

this preamble be more helpful in 

making the proposed regulations easier 

to understand? If so, how? 

• What else could we do to make the 

proposed regulations easier to 

understand? 

Send any comments that concern how 

the Department could make these 

proposed regulations easier to 

understand to the person listed in the 

ADDRESSES section of the preamble. 

Regulatory Flexibility Act Certification 

The Secretary certifies that these 

proposed regulations would not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities affected by these 

regulations are small institutions of 

higher education. The changes will not 

have a significant economic impact on 

the institutions affected.

Paperwork Reduction Act of 1995 

Sections 606.20, 606.21, 606.22, 

606.23, 607.20, 607.21, 607.22, 607.23, 

611.2, 611.3, 637.31, 637.32, 648.30, 

648.31, 656.20, 656.21, 656.22, 657.20, 

657.21, 658.30, 658.31, 658.32, 658.33, 

660.30, 660.31, 660.32, 660.33, 661.30, 

661.31, 662.21, 663.21, 664.30, 664.31, 

669.20, and 669.21 contain information 

collection requirements. Under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3057(d)), the Department of 

Education has submitted a copy of these 

sections to the Office of Management 

and Budget (OMB) for its review. 

The information collection would 

apply to applications for awards 

submitted under certain higher 

education discretionary grant programs 

and the Teacher Quality Program. The 

likely respondents would be State 

agencies and two and four-year degree 

granting institutions. This collection of 

information is necessary for applicants 

to apply for new grants under the 

regulations for these discretionary grant 

programs. Grants will be awarded on the 

basis of competitively reviewed 

applications submitted to the U.S. 

Department of Education, Office of 

Postsecondary Education. 

If you want to comment on the 

information collection requirements, 

please send your comments to the Office 

of Information and Regulatory Affairs, 

OMB, room 10235, New Executive 

Office Building, Washington, DC 20503; 

Attention: Desk Officer for U.S. 

Department of Education. You may also 

send a copy of these comments to the 

Department representative named in the 

ADDRESSES section of this preamble. 

We consider your comments on these 

proposed collections of information in—

• Deciding whether the proposed 

collections are necessary for the proper 

performance of our functions, including 

whether the information will have 

practical use; 

• Evaluating the accuracy of our 

estimate of the burden of the proposed 

collections, including the validity of our 

methodology and assumptions; 

• Enhancing the quality, usefulness, 

and clarity of the information we 

collect; and 

• Minimizing the burden on those 

who must respond. This includes 

exploring the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). 

OMB is required to make a decision 

concerning the collections of 

information contained in these 

proposed regulations between 30 and 60 

days after publication of this document 

in the Federal Register. Therefore, to 

ensure that OMB gives your comments 

full consideration, it is important that 

OMB receives the comments within 30 

days of publication. This does not affect 

the deadline for your comments to us on 

the proposed regulations. 

76638 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Proposed Rules 

Intergovernmental Review 

The discretionary grant programs and 

the Teacher Quality Enhancement 

Grants Program are not subject to 

Executive Order 12372 and the 

regulations in 34 CFR part 79. 

Assessment of Educational Impact 

The Secretary particularly requests 

comments on whether these proposed 

regulations would require transmission 

of information that any other agency or 

authority of the United States gathers or 

makes available. 

Electronic Version of Documents 

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. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530.

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.

List of Subjects 

34 CFR Parts 606 and 607

Colleges and universities, Grant 

programs-education, Reporting and 

recordkeeping requirements. 

34 CFR Part 611

Colleges and universities, Elementary 

and secondary education, Grant 

programs—education. 

34 CFR Part 637

Colleges and universities, Educational 

study programs, Equal educational 

opportunity, Grant programs-education, 

Reporting and recordkeeping 

requirements, Science and technology, 

Women. 

34 CFR Part 648

Colleges and universities, Grant 

programs-education, Reporting and 

recordkeeping requirements, 

Scholarships and fellowships. 

34 CFR Part 656

Colleges and universities, Cultural 

exchange programs, Educational study 

programs, Grant programs—education, 

Reporting and recordkeeping 

requirements. 

34 CFR Part 657

Colleges and universities, Cultural 

exchange programs, Educational study 

programs, Grant programs—education, 

Reporting and recordkeeping 

requirements, Scholarships and 

fellowships. 

34 CFR Part 658

Colleges and universities, Cultural 

exchange programs, Educational study 

programs, Grant programs—education. 

34 CFR Part 660

Colleges and universities, Cultural 

exchange programs, Educational 

Research, Educational study programs, 

Grant programs—education. 

34 CFR Part 661

Business and industry, Colleges and 

universities, Educational study 

programs, Grant programs—education, 

Student aid. 

34 CFR Part 662

Colleges and universities, Educational 

Research, Educational study programs, 

Grant programs—education, 

Scholarships and fellowships. 

34 CFR Parts 663

Colleges and universities, Educational 

Research, Educational study programs, 

Grant programs—education, 

Scholarships and fellowships, Teachers. 

34 CFR Parts 664

Colleges and universities, Educational 

Research, Educational study programs, 

Grant programs—education, Teachers. 

34 CFR Parts 669

Colleges and universities, Educational 

Research, Educational study programs, 

Grant programs—education, Reporting 

and recordkeeping requirements, 

Teachers.

Dated: December 17, 2004. 

Sally L. Stroup, 

Assistant Secretary for Postsecondary 

Education.

For the reasons discussed in the 

preamble, the Secretary proposes to 

amend parts 606, 607, 611, 637, 648, 

656, 657, 658, 660, 661, 662, 663, 664, 

and 669 of title 34 of the Code of 

Federal Regulations as follows:

PART 606—DEVELOPING HISPANICSERVING INSTITUTIONS PROGRAM 

1. The authority citation for part 606 

continues to read as follows:

Authority: 20 U.S.C. 1101 et seq., unless 

otherwise noted.

2. Section 606.20 is amended by—

A. Revising paragraph (b); 

B. In paragraph (c)(1), removing the 

words ‘‘scores at least 50 points’’ and 

adding, in their place, the words ‘‘meets 

the requirements’’; and 

C. Removing paragraph (c)(2)(i) and 

redesignating paragraphs (c)(2)(ii) and 

(c)(2)(iii) as paragraphs (c)(2)(i) and 

(c)(2)(ii), respectively. 

The revision reads as follows:

§ 606.20 How does the Secretary choose 

applications for funding?

* * * * *

(b) The Secretary informs applicants 

of the maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register.

* * * * *

3. Section 606.21 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 606.21 What are the selection criteria for 

planning grants? 

The Secretary evaluates an 

application for a planning grant on the 

basis of the criteria in this section.

* * * * *

4. Section 606.22 is amended by—

A. Revising the introductory text; 

B. Removing all of the parentheticals 

that end in ‘‘points)’’; 

C. In paragraphs (a)(1) and (a)(2), 

removing the punctuation ‘‘.’’; and 

D. In paragraph (a)(3), adding the 

word ‘‘and’’ after the punctuation ‘‘;’’. 

The revision reads as follows:

§ 606.22 What are the selection criteria for 

development grants? 

The Secretary evaluates an 

application for a development grant on 

the basis of the criteria in this section.

* * * * *

5. Section 606.23 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘point)’’; and 

B. Revising the introductory text of 

paragraphs (a) and (b) to read as follows:

§ 606.23 What special funding 

consideration does the Secretary provide? 

(a) If funds are available to fund only 

one additional planning grant and each 

of the next fundable applications has 

received the same number of points 

under § 606.20 or 606.21, the Secretary 

awards additional points, as provided in 

the application package or in a notice 

published in the Federal Register, to 

any of those applicants that—

* * * * *

(b) If funds are available to fund only 

one additional development grant and 

each of the next fundable applications 

has received the same number of points 

Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Proposed Rules 76639

under § 606.20 or 606.22, the Secretary 

awards additional points, as provided in 

the application package or in a notice 

published in the Federal Register, to 

any of those applicants that—

* * * * *

PART 607—STRENGTHENING 

INSTITUTIONS PROGRAM 

6. The authority citation for part 607 

continues to read as follows:

Authority: 20 U.S.C. 1507–1509c, 1066–

1069f, unless otherwise noted.

7. Section 607.20 is amended by—

A. Removing paragraph (c) and 

redesignating paragraphs (b)(1) and (2) 

as paragraphs (c)(1) and (2), 

respectively; 

B. In redesignated paragraph (c)(2), 

removing the reference to ‘‘(b)(1)’’ and 

adding, in its place, the reference 

‘‘(c)(1)’’; 

C. Adding a new paragraph (b); and 

D. Revising paragraph (d). 

The addition and revision read as 

follows:

§ 607.20 How does the Secretary choose 

applications for funding?

* * * * *

(b) The Secretary informs applicants 

of the maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register.

* * * * *

(d) The Secretary considers funding 

an application for a development grant 

that—

(1) Is submitted with a comprehensive 

development plan that satisfies all the 

elements required of such a plan under 

§ 607.8; and 

(2) In the case of an application for a 

cooperative arrangement grant, 

demonstrates that the grant will enable 

each eligible participant to meet the 

goals and objectives of its 

comprehensive development plan better 

and at a lower cost than if each eligible 

participant were funded individually.

* * * * *

8. Section 607.21 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 607.21 What are the selection criteria for 

planning grants? 

The Secretary evaluates an 

application for a planning grant on the 

basis of the criteria in this section.

* * * * *

9. Section 607.22 is amended by—

A. Revising the introductory text; 

B. Removing all of the parentheticals 

that end in points)’’; 

C. In paragraphs (a)(1) and (a)(2), 

removing the punctuation ‘‘.’’; and 

D. In paragraph (a)(3), adding the 

word ‘‘and’’ after the punctuation ‘‘;’’. 

The revision reads as follows:

§ 607.22 What are the selection criteria for 

development grants? 

The Secretary evaluates an 

application for a development grant on 

the basis of the criteria in this section.

* * * * *

10. Section 607.23 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘point)’’; and 

B. Revising the introductory text of 

paragraphs (a) and (b) to read as follows:

§ 607.23 What special funding 

consideration does the Secretary provide? 

(a) If funds are available to fund only 

one additional planning grant and each 

of the next fundable applications has 

received the same number of points 

under § 607.20 or 607.21, the Secretary 

awards additional points, as provided in 

the application package or in a notice 

published in the Federal Register, to 

any of those applicants that—

* * * * *

(b) If funds are available to fund only 

one additional development grant and 

each of the next fundable applications 

has received the same number of points 

under § 607.20 or 607.22, the Secretary 

awards additional points, as provided in 

the application package or in a notice 

published in the Federal Register, to 

any of those applicants that—

* * * * *

PART 611—TEACHER QUALITY 

ENHANCEMENT GRANTS PROGRAM 

11. The authority citation for part 611 

continues to read as follows:

Authority: 20 U.S.C. 1021 et seq. and 

1024(e), unless otherwise noted.

§ 611.2 [Amended] 

12. Section 611.2 is amended by, in 

paragraph (a), removing the words 

‘‘paragraphs (a)(1), (a)(2)(iii), or 

(a)(3)(iii) of § 611.3’’ and adding, in their 

place, the words ‘‘paragraphs (a)(1), 

(a)(2)(i)(B), or (a)(2)(ii) of § 611.3’’. 

13. Section 611.3 is amended by—

A. Revising paragraphs (a)(2) and 

(a)(3); and 

B. In paragraph (b), removing the 

words ‘‘paragraphs (b)(2)(ii) and 

(b)(3)(ii)’’ and adding, in their place, the 

words ‘‘paragraphs (a)(2)(i)(A) and 

(a)(3)(i)(A)’’. 

The revisions read as follows:

§ 611.3 What procedures does the 

Secretary use to award a grant?

* * * * *

(a) * * * 

(2) For the Partnership Grants 

Program, the Secretary may use a twostage application process to determine 

which applications to fund. 

(i) If the Secretary uses a two-stage 

application process, the Secretary 

uses—

(A) The selection criteria in §§ 611.21 

through 611.22 to evaluate preapplications submitted for new grants, 

and to determine those applicants to 

invite to submit full program 

applications; and 

(B) For those applicants invited to 

submit full applications, the selection 

criteria and competitive preference in 

§§ 611.23 through 611.25 to evaluate the 

full program applications. 

(ii) If the Secretary does not use a twostage application process, the Secretary 

uses the selection criteria and 

competitive preference in §§ 611.23 

through 611.25 to evaluate applications. 

(3) For the Teacher Recruitment 

Grants Program, the Secretary may use 

a two-stage application process to 

determine which applications to fund. 

(i) If the Secretary uses a two-stage 

application process, the Secretary 

uses—

(A) The selection criteria in § 611.31 

to evaluate pre-applications submitted 

for new grants, and to determine those 

applicants to invite to submit full 

program applications; and 

(B) For those applicants invited to 

submit full applications, the selection 

criteria in § 611.32 to evaluate the full 

program applications. 

(ii) If the Secretary does not use a twostage application process, the Secretary 

uses the selection criteria in § 611.32 to 

evaluate applications.

* * * * *

PART 637—MINORITY SCIENCE AND 

ENGINEERING IMPROVEMENT 

PROGRAM 

14. The authority citation for part 637 

continues to read as follows:

Authority: 20 U.S.C. 1067–1067c, 1067g1067k, 1068, 1068b, unless otherwise noted.

15. Section 637.31 is amended by—

A. Revising paragraph (b); and

B. Removing paragraph (c) and 

redesignating paragraphs (d)(1), (2), and 

(3) as paragraphs (c)(1), (2), and (3), 

respectively. 

The revision reads as follows:

§ 637.31 How does the Secretary evaluate 

an application?

* * * * *

(b) The Secretary informs applicants 

of the maximum possible score for each 

criterion in the application package or 

76640 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Proposed Rules 

in a notice published in the Federal 

Register.

* * * * *

16. Section 637.32 is amended by—

A. Revising the introductory text; 

B. Removing all of the parentheticals 

that end in ‘‘points)’’; 

C. In paragraph (a)(2)(v), removing the 

parenthetical ‘‘(See EDGAR 34 CFR 

75.581)’’ and adding, in its place, the 

parenthetical ‘‘(See 34 CFR 75.580)’’. 

D. In paragraph (b)(2)(iv), removing 

the word ‘‘groups’’ the second time it 

appears and adding, in its place, the 

word ‘‘group’’; 

E. In paragraph (d), removing the 

parenthetical ‘‘(See EDGAR 34 CFR 

75.590—Evaluation by the grantee; 

where applicable)’’ and adding, in its 

place, the parenthetical ‘‘(See 34 CFR 

75.590)’; 

F. Removing the authority citation 

that appears immediately before 

paragraph (f); and 

G. Revising paragraph (f)(2)(iii). 

The revisions read as follows:

§ 637.32 What selection criteria does the 

Secretary use? 

The Secretary evaluates applications 

on the basis of the criteria in this 

section.

* * * * *

(f) * * * 

(2) * * * 

(iii) Involvement of appropriate 

individuals, especially science faculty, 

in identifying the institutional needs.

* * * * *

PART 648—GRADUATE ASSISTANCE 

IN AREAS OF NATIONAL NEED 

17. The authority citation for part 648 

continues to read as follows:

Authority: 20 U.S.C. 1135–1135ee, unless 

otherwise noted.

18. Section 648.30 is amended by—

A. Revising paragraph (b); and 

B. Removing paragraph (c). 

The revision reads as follows:

§ 648.30 How does the Secretary evaluate 

an application?

* * * * *

(b) The Secretary informs applicants 

of the maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register. 

19. Section 648.31 is amended by—

A. Removing all of the parentheticals 

that end in points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 648.31 What selection criteria does the 

Secretary use? 

The Secretary evaluates an 

application on the basis of the criteria 

in this section.

* * * * *

PART 656—NATIONAL RESOURCE 

CENTERS PROGRAM FOR FOREIGN 

LANGUAGE AND AREA STUDIES OR 

FOREIGN LANGUAGE AND 

INTERNATIONAL STUDIES 

20. The authority citation for part 656 

continues to read as follows:

Authority: 20 U.S.C. 1122, unless 

otherwise noted.

21. Section 656.20 is amended by 

revising paragraph 

(b) to read as follows:

§ 656.20 How does the Secretary evaluate 

an application?

* * * * *

(b) The Secretary informs applicants 

of the maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register.

* * * * *

22. Section 656.21 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 656.21 What selection criteria does the 

Secretary use to evaluate an application for 

a comprehensive Center? 

The Secretary evaluates an 

application for a comprehensive Center 

on the basis of the criteria in this 

section.

* * * * *

23. Section 656.22 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 656.22 What selection criteria does the 

Secretary use to evaluate an application for 

an undergraduate Center? 

The Secretary evaluates an 

application for an undergraduate Center 

on the basis of the criteria in this 

section.

* * * * *

PART 657—FOREIGN LANGUAGE AND 

AREA STUDIES FELLOWSHIPS 

PROGRAM 

24. The authority citation for part 657 

continues to read as follows:

Authority: 20 U.S.C. 1122, unless 

otherwise noted.

25. Section 657.20 is amended by—

A. In paragraph (a), adding the word 

‘‘institutional’’ before the word 

‘‘application’’; and 

B. Revising paragraph (b) to read as 

follows:

§ 657.20 How does the Secretary evaluate 

an institutional application for an allocation 

of fellowships?

* * * * *

(b) The Secretary informs applicants 

of the maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register.

* * * * *

26. Section 657.21 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Adding introductory text to read as 

follows:

§ 657.21 What criteria does the Secretary 

use in selecting institutions for an 

allocation of fellowships? 

The Secretary evaluates an 

institutional application for an 

allocation of fellowships on the basis of 

the criteria in this section.

* * * * *

PART 658—UNDERGRADUATE 

INTERNATIONAL STUDIES AND 

FOREIGN LANGUAGE PROGRAM 

27. The authority citation for part 658 

continues to read as follows:

Authority: 20 U.S.C. 1124, unless 

otherwise noted.

28. Section 658.30 is revised to read 

as follows:

§ 658.30 How does the Secretary evaluate 

an application? 

(a) The Secretary evaluates an 

application from an institution of higher 

education or a combination of such 

institutions on the basis of the criteria 

in §§ 658.31 and 658.32. The Secretary 

informs applicants of the maximum 

possible score for each criterion in the 

application package or in a notice 

published in the Federal Register. 

(b) The Secretary evaluates an 

application from an agency or 

organization or professional or scholarly 

association on the basis of the criteria in 

§§ 658.31 and 658.33. The Secretary 

informs applicants of the maximum 

possible score for each criterion in the 

application package or in a notice 

published in the Federal Register.

(Authority: 20 U.S.C. 1124)

29. Section 658.31 is amended by—

A. Removing the parentheticals ‘‘(10)’’

and ‘‘(5)’’ each time they appear; and 

B. Revising the introductory text to 

read as follows:

Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Proposed Rules 76641

§ 658.31 What selection criteria does the 

Secretary use? 

The Secretary evaluates an 

application for a project under this 

program on the basis of the criteria in 

this section.

* * * * *

30. Section 658.32 is amended by—

A. Removing the parentheticals ‘‘(15)’’

and ‘‘(10)’’ each time they appear; and 

B. Revising the introductory text to 

read as follows:

§ 658.32 What additional criteria does the 

Secretary apply to institutional 

applications? 

In addition to the criteria referred to 

in § 658.31, the Secretary evaluates an 

application submitted by an institution 

of higher education or a combination of 

such institutions on the basis of the 

criteria in this section.

* * * * *

31. Section 658.33 is amended by—

A. In paragraph (a), removing the 

parenthetical ‘‘(30)’’; and 

B. Revising the introductory text to 

read as follows:

§ 658.33 What additional criterion does the 

Secretary apply to applications from 

organizations and associations?

In addition to the criteria referred to 

in § 658.31, the Secretary evaluates an 

application submitted by an institution 

of higher education or a combination of 

such institutions on the basis of the 

criterion in this section.

* * * * *

PART 660—THE INTERNATIONAL 

RESEARCH AND STUDIES PROGRAM 

32. The authority citation for part 660 

continues to read as follows:

Authority: 20 U.S.C. 1125, unless 

otherwise noted.

33. Section 660.30 is revised to read 

as follows:

§ 660.30 How does the Secretary evaluate 

an application? 

(a) The Secretary evaluates an 

application for a research project, a 

study, or a survey on the basis of the 

criteria in §§ 660.31 and 660.32. The 

Secretary informs applicants of the 

maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register. 

(b) The Secretary evaluates an 

application for the development of 

specialized instructional materials on 

the basis of the criteria in §§ 660.31 and 

660.33. The Secretary informs 

applicants of the maximum possible 

score for each criterion in the 

application package or in a notice 

published in the Federal Register.

(Authority: 20 U.S.C. 1125.)

34. Section 660.31 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 660.31 What selection criteria does the 

Secretary use for all applications for a 

grant? 

The Secretary evaluates an 

application for a project under this 

program on the basis of the criteria in 

this section. The Secretary informs 

applicants of the maximum possible 

score for each criterion in the 

application package or in a notice 

published in the Federal Register.

* * * * *

35. Section 660.32 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 660.32 What additional selection criteria 

does the Secretary use for an application 

for a research project, a survey, or a study? 

In addition to the criteria referred to 

in § 660.31, the Secretary evaluates an 

application for a research project, study, 

or survey on the basis of the criteria in 

this section.

* * * * *

36. Section 660.33 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 660.33 What additional selection criteria 

does the Secretary use for an application to 

develop specialized instructional materials? 

In addition to the criteria referred to 

in § 660.31, the Secretary evaluates an 

application to develop specialized 

instructional materials on the basis of 

the criteria in this section.

* * * * *

PART 661—BUSINESS AND 

INTERNATIONAL EDUCATION 

PROGRAM 

37. The authority citation for part 661 

continues to read as follows:

Authority: 20 U.S.C. 1130–1130b, unless 

otherwise noted.

38. Section 661.30 is revised to read 

as follows:

§ 661.30 How does the Secretary evaluate 

an application? 

The Secretary evaluates an 

application for a grant under this 

program on the basis of the criteria in 

§ 661.31. The Secretary informs 

applicants of the maximum possible 

score for each criterion in the 

application package or in a notice 

published in the Federal Register.

(Authority: 20 U.S.C. 1130a.)

39. Section 661.31 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; 

B. In paragraph (e), adding the 

punctuation ‘‘.’’ after the word 

‘‘resources’’; and 

C. Revising the introductory text to 

read as follows:

§ 661.31 What selection criteria does the 

Secretary use? 

The Secretary evaluates an 

application for a grant under this 

program on the basis of the criteria in 

this section.

* * * * *

PART 662—FULBRIGHT-HAYS 

DOCTORAL DISSERTATION 

RESEARCH ABROAD FELLOWSHIP 

PROGRAM 

40. The authority citation for part 662 

continues to read as follows:

Authority: Section 102(b)(6) of the Mutual 

Educational and Cultural Exchange Act of 

1961 (Fulbright-Hays Act), 22 U.S.C. 

2452(b)(6), unless otherwise noted.

41. Section 662.21 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’ and removing the 

parentheticals ‘‘(10)’’, ‘‘(15)’’, and ‘‘(5)’’

wherever they appear; 

B. In paragraph (c)(2), removing the 

word ‘‘a’’; and

C. Revising paragraph (a) to read as 

follows:

§ 662.21 What criteria does the Secretary 

use to evaluate an application for a 

fellowship? 

(a) General. The Secretary evaluates 

an application for a fellowship on the 

basis of the criteria in this section. The 

Secretary informs applicants of the 

maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register.

* * * * *

PART 663—FULBRIGHT-HAYS 

FACULTY RESEARCH ABROAD 

FELLOWSHIP PROGRAM 

42. The authority citation for part 663 

continues to read as follows:

Authority: Sec. 102(b)(6) of the Mutual 

Educational and Cultural Exchange Act of 

1961 (Fulbright-Hays Act), 22 U.S.C. 

2452(b)(6), unless otherwise noted.

43. Section 663.21 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’ and removing the 

parentheticals ‘‘(10)’’, ‘‘(15)’’, and ‘‘(5)’’

wherever they appear; and 

76642 Federal Register / Vol. 69, No. 245 / Wednesday, December 22, 2004 / Proposed Rules 

B. Revising paragraph (a) to read as 

follows:

§ 663.21 What criteria does the Secretary 

use to evaluate an application for a 

fellowship? 

(a) General. The Secretary evaluates 

an application for a fellowship on the 

basis of the criteria in this section. The 

Secretary informs applicants of the 

maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register.

* * * * *

PART 664—FULBRIGHT-HAYS GROUP 

PROJECTS ABROAD FELLOWSHIP 

PROGRAM 

44. The authority citation for part 664 

continues to read as follows:

Authority: 22 U.S.C. 2452(b)(6), unless 

otherwise noted.

45. Section 664.30 is amended by—

A. Revising paragraph (a); 

B. Removing paragraph (b); and 

C. Redesignating paragraphs (c) and 

(d) as paragraphs (b) and (c), 

respectively. 

The revision reads as follows:

§ 664.30 How does the Secretary evaluate 

an application? 

(a) The Secretary evaluates an 

application for a Group Project Abroad 

on the basis of the criteria in § 664.31. 

The Secretary informs applicants of the 

maximum possible score for each 

criterion in the application package or 

in a notice published in the Federal 

Register.

* * * * *

46. Section 664.31 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points).’’ and removing the 

parenthetical that ends in ‘‘points)’’; and 

B. Revising the introductory text to 

read as follows:

§ 664.31 What selection criteria does the 

Secretary use? 

The Secretary uses the criteria in this 

section to evaluate applications for the 

purpose of recommending to the J. 

William Fulbright Foreign Scholarship 

Board Group Projects Abroad for 

funding under this part.

* * * * *

PART 669—LANGUAGE RESOURCE 

CENTERS PROGRAM 

47. The authority citation for part 669 

continues to read as follows:

Authority: 20 U.S.C. 1123, unless 

otherwise noted.

48. Section 669.20 is revised to read 

as follows:

§ 669.20 How does the Secretary evaluate 

an application? 

The Secretary evaluates an 

application for an award on the basis of 

the criteria contained in §§ 669.21 and 

669.22. The Secretary informs 

applicants of the maximum possible 

score for each criterion in the 

application package or in a notice 

published in the Federal Register.

(Authority: 20 U.S.C. 1123.)

49. Section 669.21 is amended by—

A. Removing all of the parentheticals 

that end in ‘‘points)’’; 

B. In paragraph (c), removing the 

symbol ‘‘§ ’’; and 

C. Revising the introductory text to 

read as follows:

§ 669.21 What selection criteria does the 

Secretary use? 

The Secretary evaluates an 

application on the basis of the criteria 

in this section.

* * * * *

[FR Doc. 04–28021 Filed 12–21–04; 8:45 am] 

BILLING CODE 4000–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[OAR–2004–0080, FRL–7851–9] 

RIN 2060–AF00 

National Emission Standards for 

Hazardous Air Pollutants: Appendix 

A—Test Methods; Method 301 for the 

Field Validation of Pollutant 

Measurement Methods From Various 

Waste Media

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This action proposes to 

amend procedures for validating 

alternative emissions test methods, to 

rewrite the EPA’s Method 301 in plain 

language, reorganize the method for 

clarity, correct technical errors, and 

revise the technical procedures. The 

revisions to the technical procedures 

include replacing quantitation limits 

with detection limits, revising the bias 

acceptance criteria and eliminating the 

correction factors, revising the precision 

acceptance criteria, and allowing 

analyte spiking as an option even when 

there is an existing test method.

DATES: Comments. Comments must be 

received on or before February 22, 2005. 

Public Hearing. If anyone contacts the 

EPA requesting a public hearing by 

January 11, 2005, a public hearing will 

be held on January 21, 2005.

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

OAR–2004–0080, by one of the 

following methods. 

• Federal eRulemaking Portal: http://

/www.regulations.gov. Follow the online instructions for submitting 

comments. 

• Agency Web site: http://

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• Mail: Air and Radiation Docket and 

Information Center (Mail Code 6102T), 

Attention Docket Number OAR–2004–

0080, Room B108, U.S. EPA, 1301 

Constitution Avenue, NW., Washington, 

DC 20460. The EPA requests that a 

separate copy also be sent to the contact 

person listed below (see FOR FURTHER

INFORMATION CONTACT). Send 

submissions containing such 

proprietary or confidential business 

information (CBI) directly to the 

following address, and not to the public 

docket, to ensure that proprietary or CBI 

is not inadvertently placed in the public 

docket: Attention: Mr. Roberto Morales, 

U.S. Environmental Protection Agency, 

OAQPS Document Control Officer, 109 

TW Alexander Drive, Room C404–02, 

RTP, NC, 27711. 

• Hand Delivery: Air and Radiation 

Docket and Information Center (Mail 

Code 6102T), Attention Docket Number 

OAR–2004–0080, Room B102, U.S. EPA, 

1301 Constitution Avenue, NW., 

Washington, DC 20460. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

EPA requests a separate copy also be 

sent to the contact person listed below 

(see FOR FURTHER INFORMATION CONTACT). 

Instructions. Direct your comments to 

Docket ID No. OAR–2004–0080. The 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.epa.gov/edocket, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov Web sites, or e-mail. The 

EPA EDOCKET and the Federal 

regulations.gov Web sites are 

‘‘anonymous access’’ systems, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your