[Federal Register Volume 65, Number 121 (Thursday, June 22, 2000)]
[Rules and Regulations]
[Pages 38728-38730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15658]


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DEPARTMENT OF EDUCATION

34 CFR Parts 668, 682, 685 and 692


Student Assistance General Provisions, Federal Family Education 
Loan Program, William D. Ford Federal Direct Loan Program, and State 
Student Incentive Grant Program

AGENCY: Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary makes technical amendments to the Student 
Assistance General Provisions, Federal Family Education Loan (FFEL) 
Program, William D. Ford Federal Direct Loan Program, and the State 
Student Incentive Grant (SSIG) Program regulations. These amendments 
are necessary to change the name of the SSIG Program to the Leveraging 
Educational Assistance Partnership (LEAP) Program, correct cross-
references, and delete obsolete references. These technical amendments 
incorporate changes made to the Higher Education Act of 1965, as 
amended (HEA), by the Higher Education Amendments of 1998 (1998 
Amendments).

EFFECTIVE DATE: These regulations take effect June 22, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Jackie Butler, U.S. Department of 
Education, 400 Maryland Avenue, SW., Regional Office Building 3, Room 
3045, Washington, DC 20202-5447. Telephone: (202) 708-8242.
    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 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed.

SUPPLEMENTARY INFORMATION: Because the Higher Education Amendments 
renamed the State Student Incentive Grant (SSIG) Program the Leveraging 
Educational Assistance Partnership (LEAP) Program, we are making 
conforming name changes to the Student Assistance General Provisions 
regulations, 34 CFR part 668, FFEL Program regulations, 34 CFR part 
682, William D. Ford Federal Direct Loan Program regulations, 34 CFR 
part 685, and SSIG Program regulations, 34 CFR part 692.
    We are also correcting cross-references and removing obsolete 
references. Therefore:
    <bullet> We have replaced references to ``institution of higher 
education'' throughout 34 CFR part 692 with ``institution'' to reflect 
the type of institutions described in Sec. 668.1(b) of the Student 
Assistance General Provisions regulations, and corrected other cross-
references to various terms now defined in 34 CFR parts 600 and 668.
    <bullet> We have removed references to section 1203 of the HEA 
throughout 34 CFR part 692 to reflect that this section was eliminated 
by the 1998 Amendments.
    <bullet> We have removed OMB control numbers after Secs. 692.20, 
692.21 and 692.40.

Waiver of Proposed Rulemaking

    It is the practice of the Secretary to offer interested parties the 
opportunity to comment on proposed regulations. However, these 
regulations merely reflect statutory changes, correct cross-references, 
and remove obsolete regulatory provisions. The changes do not establish 
or affect substantive policy. Therefore, the Secretary has concluded 
that these regulations are technical in nature and do not necessitate 
public comment. Therefore, the Secretary finds that such a solicitation 
would be unnecessary and contrary to the public interest under 5 U.S.C. 
553(b)(B).
    For the same reasons, the Secretary has determined, under section 
492(b)(2) of the Higher Education Act of 1965, as amended, that these 
regulations should not be subject to negotiated rulemaking.

Regulatory Flexibility Act Certification

    The Secretary certifies that these 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. Although States and State agencies are impacted by 
these regulations, they are not defined as ``small entities'' in the 
Regulatory Flexibility Act. These regulations contain technical 
amendments designed to clarify and correct current regulations. The 
changes will not have a significant economic impact on the 
institutions, State or State agencies affected.

Paperwork Reduction Act of 1995

    These regulations have been examined under the Paperwork Reduction 
Act of 1995 and have been found to contain no information collection 
requirements.

Intergovernmental Review

    The LEAP Program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. The objective of the Executive order is 
to foster an intergovernmental partnership and a strengthened 
federalism by relying on processes developed by State and local 
governments for coordination and review of proposed Federal financial 
assistance.
    In accordance with the order, we intend this document to provide 
early notification of the Department's specific plans and actions for 
this program.

Assessment of Educational Impact

    Based on our own review, we have determined that these final 
regulations do not require transmission of information that any other 
agency or authority of the United States gathers or makes available.

Electronic Access to This Document

    You may view this document in text or Adobe Portable Document 
Format (PDF) on the Internet at the following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
http://ifap.ed.gov/csb_html/fedlreg.htm

To use the PDF, you must have the Adobe Acrobat Reader, which is 
available free at the first of the previous sites. If you have 
questions about using the 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

[[Page 38729]]

Access at: http://www.access.gpo.gov/nara/index.html.

(Catalog of Federal Domestic Assistance Numbers: 84.032 Federal 
Family Education Loan Program; 84.069 Leveraging Educational 
Assistance Partnership Program; and 84.268 William D. Ford Federal 
Direct Loan Program)

List of Subjects

34 CFR Part 668

    Administrative practice and procedure, Colleges and universities, 
Consumer protection, Grant programs---education, Loan programs--
education, Reporting and recordkeeping requirements, Student aid.

34 CFR Parts 682 and 685

    Administrative practice and procedure, Colleges and universities, 
Education, Loan programs--education, Reporting and recordkeeping 
requirements, Student aid, Vocational education.

34 CFR Part 692

    Grant programs--education, Postsecondary education, State 
administered--education, Student aid--education, Reporting and 
recordkeeping requirements.

    Dated: June 15, 2000.
A. Lee Fritschler,
Assistant Secretary, Office of Postsecondary Education.

    For the reasons stated in the preamble, the Secretary amends title 
34 of the Code of Federal Regulations parts 668, 682, 685 and 692 as 
follows:

PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS

    1. The authority citation for part 668 is revised to read as 
follows:

    Authority: 20 U.S.C. 1001, 1002, 1003, 1085, 1088, 1091, 1091b, 
1092, 1094, 1099-c, and 1099c-1, unless otherwise noted.


Sec. 668.1  [Amended]

    2. Section 668.1(c)(4) is amended by removing ``State Student 
Incentive Grant (SSIG) Program'' and adding, in its place, ``Leveraging 
Educational Assistance Partnership (LEAP) Program''.


Sec. 668.2  [Amended]

    3. Section 668.2(b) is amended by removing the definition State 
Student Incentive Grant (SSIG) program: and adding, in alphabetical 
order, the definition Leveraging Educational Assistance Partnership 
(LEAP) Program: The grant program authorized by Title IV-A-4 of the 
HEA.


Sec. 668.14  [Amended]

    4. Section 668.14 is amended by removing ``SSIG and NEISP'' from 
paragraphs (a)(1) and (c) and adding, in its place, ``LEAP and NEISP''.


Sec. 668.26  [Amended]

    5. Section 668.26(b)(5) is amended by removing ``NEISP or SSIG 
Program'' and adding, in its place, ``NEISP or LEAP Program''.


Sec. 668.35  [Amended]

    6. Section 668.35(e)(2) is amended by removing ``SSIG'' and adding, 
in its place, ``LEAP''.


Sec. 668.138  [Amended]

    7. Section 668.138(a) is amended by removing ``SSIG'' and adding, 
in its place, ``LEAP''.


Sec. 668.139  [Amended]

    8. Section 668.139(c) is amended by removing ``SSIG'' and adding, 
in its place, ``LEAP''.

PART 682--FEDERAL FAMILY EDUCATION LOAN (FFEL) PROGRAM

    9. The authority citation for part 682 continues to read as 
follows:

    Authority: 20 U.S.C. 1071 to 1087-2, unless otherwise noted.


Sec. 682.200  [Amended]

    10. Section 682.200(a)(1) is amended by removing ``State Student 
Incentive Grant (SSIG) Program'' and adding, in alphabetical order, 
``Leveraging Educational Assistance Partnership (LEAP) Program''.

PART 685-WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM

    11. The authority citation for part 685 continues to read as 
follows:

    Authority: 20 U.S.C. 1087a et seq., unless otherwise noted.


Sec. 685.102  [Amended]

    12. Section 685.102(a)(1) is amended by removing ``Federal State 
Student Incentive Grant Program'' and adding, in alphabetical order, 
``Leveraging Educational Assistance Partnership Program''.

PART 692--LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP PROGRAM

    13. The part heading is revised to read as set forth above.

    14. The authority citation for part 692 continues to read as 
follows:

    Authority: 20 U.S.C. 1070c through 1070c-4, unless otherwise 
noted.


    15. The heading of subpart A is revised to read as follows:

Subpart A--Leveraging Educational Assistance Partnership Program

    16. The subpart designations for subparts B through E are removed; 
Secs. 692.10 through 692.41 are transferred to subpart A, and the 
subpart headings remain as undesignated center headings in subpart A.


Sec. 692.1  [Amended]

    17. An undesignated center heading ``General'' is added preceding 
Sec. 692.1.

    18. Section 692.1 is amended by removing ``State Student Incentive 
Grant'' in the heading and adding, in its place, ``Leveraging 
Educational Assistance Partnership''; and by removing ``State Student 
Incentive Grant'' in the text and adding, in its place, ``Leveraging 
Educational Assistance Partnership (LEAP)''.


Sec. 692.2  [Amended]

    19. Section 692.2 is amended by removing ``State Student Incentive 
Grant'' in the heading and adding, in its place, ``LEAP''; and by 
removing ``this program'' in paragraphs (a) and (b) and adding, in its 
place, ``the LEAP Program''.


Sec. 692.3  [Amended]

    20. Section 692.3 is amended by:
    A. Removing ``State Student Incentive Grant'' in the heading and 
undesignated introductory text, and adding, in its place, ``LEAP'';
    B. Removing ``(Drug-Free Schools and Campuses)'' in paragraph 
(b)(8), and adding, in its place, ``(Drug and Alcohol Abuse 
Prevention)'';
    C. Removing paragraph (c); and
    D. Redesignating paragraph (d) as paragraph (c).

    21. Section 692.4 is amended by revising the heading, paragraph 
(a), paragraph (b), and the introductory text of paragraph (c) to read 
as follows:


Sec. 692.4  What definitions apply to the LEAP Program?

* * * * *
    (a) The definitions of the following terms under 34 CFR part 600:

    Postsecondary vocational institution (Sec. 600.6).
    Public or private nonprofit institution of higher education 
(Sec. 600.4).
    Secretary (Sec. 600.2).
    State (Sec. 600.2).

    (b) The definitions of the following terms under 34 CFR part 668:

    Academic year (Sec. 668.2).
    Enrolled (Sec. 668.2).
    HEA (Sec. 668.2).

[[Page 38730]]

    Institution (Sec. 668.1(b)).

    (c) The definitions of the following terms also apply to the LEAP 
Program:
* * * * *


Sec. 692.10  [Amended]

    22. Section 692.10 is amended by removing ``SSIG'' the four times 
it appears in paragraph (a)(1), the five times it appears in paragraph 
(a)(2), and the three times it appears in paragraph (b), and adding, in 
its place, ``LEAP''.


Sec. 692.11  [Amended]

    23. Section 692.11 is amended by removing ``the program'' in the 
heading, and adding, in its place, ``the LEAP Program''; and by 
removing ``this part'' in the text, and adding, in its place, ``the 
LEAP Program''.

    24. The undesignated center heading that appears above Sec. 692.20 
is amended by removing ``This Program'', and adding, in its place, 
``The LEAP Program''.

    25. Section 692.20 is amended by:
    A. Removing paragraph (a);
    B. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b), 
respectively;
    C. Removing ``State Student Incentive Grant'' in newly redesignated 
paragraph (a), and adding, in its place, ``Leveraging Educational 
Assistance Partnership'';
    D. Revising newly redesignated paragraph (b); and
    E. Removing the OMB control number and the cross-reference 
following the section.
    The revision reads as follows:


Sec. 692.20  What must a State do to receive an allotment under the 
LEAP Program?

* * * * *
    (b)(1) Except as provided in paragraph (b)(2) of this section, the 
State must submit its application through the State agency designated 
to administer its Leveraging Educational Assistance Partnership Program 
as of July 1, 1985.
    (2) If the Governor of the State so designates, and notifies the 
Secretary in writing, the State may submit its application under 
paragraph (a) of this section through an agency that did not administer 
its Leveraging Educational Assistance Partnership Program as of July 1, 
1985.


Sec. 692.21  [Amended]

    26. Section 692.21 is amended by:
    A. Removing ``this program'' in the undesignated introductory text, 
and adding, in its place, ``the LEAP Program'';
    B. Removing ``in accordance with the Federal-State Relationship 
Agreement under section 1203 of the HEA'' in paragraph (a);
    C. Removing ``of higher education'' in paragraph (g);
    D. Amending paragraph (h)(2) by removing ``of higher education'', 
and by removing ``this program'' both times it appears, and adding, in 
its place, ``the LEAP Program'';
    E. Removing ``SSIG'' both times it appears in paragraph (j), and 
adding, in its place, ``LEAP'';
    F. Removing ``this part'' in paragraph (k), and adding, in its 
place, ``the LEAP Program''; and
    G. Removing the OMB control number following the section.


Sec. 692.30  [Amended]

    27. Section 692.30 is amended by removing ``of higher education'' 
in paragraphs (b)(1) and (d)(1); and by removing ``this part'' in 
paragraph (e)(1), and adding, in its place, ``the LEAP Program''.


Sec. 692.40  [Amended]

    28. The undesignated center heading that appears above Sec. 692.40 
is amended by removing ``This Program'', and adding, in its place, 
``The LEAP Program''.

    29. Section 692.40 is amended by removing ``668.7'' and adding, in 
its place, ``668.32'' in paragraph (a); and by removing the OMB control 
number following the section.

Subpart B--[Added and Reserved]

    30. Subpart B--is added and reserved.

[FR Doc. 00-15658 Filed 6-21-00; 8:45 am]
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