3916 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Notices 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2023–SCC–0192] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Entry Evidence and Evaluation & Exit 

Evidence Forms 

AGENCY: Office of Finance and 

Operations (OFO), Department of 

Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act (PRA) of 

1995, the Department is proposing a 

new information collection request 

(ICR). 

DATES: Interested persons are invited to 

submit comments on or before February 

21, 2024. 

ADDRESSES: Written comments and 

recommendations for proposed 

information collection requests should 

be submitted within 30 days of 

publication of this notice. Click on this 

link www.reginfo.gov/public/do/ 

PRAMain to access the site. Find this 

information collection request (ICR) by 

selecting ‘‘Department of Education’’ 

under ‘‘Currently Under Review,’’ then 

check the ‘‘Only Show ICR for Public 

Comment’’ checkbox. Reginfo.gov 

provides two links to view documents 

related to this information collection 

request. Information collection forms 

and instructions may be found by 

clicking on the ‘‘View Information 

Collection (IC) List’’ link. Supporting 

statements and other supporting 

documentation may be found by 

clicking on the ‘‘View Supporting 

Statement and Other Documents’’ link. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Cleveland 

Knight, 202–987–0064. 

SUPPLEMENTARY INFORMATION: The 

Department is especially interested in 

public comment addressing the 

following issues: (1) is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Entry Evidence 

and Evaluation & Exit Evidence Forms. 

OMB Control Number: 1894–NEW. 

Type of Review: A new ICR. 

Respondents/Affected Public: State, 

Local, and Tribal Governments. 

Total Estimated Number of Annual 

Responses: 819. 

Total Estimated Number of Annual 

Burden Hours: 2,927. 

Abstract: ED will use the Entry 

Evidence ICR form and the Evaluation & 

Exit Evidence ICR form for discretionary 

grant programs that: (1) Use the 

standard ED 524–B Grant Performance 

Report form as approved by OMB. The 

use of the standard ED 524–B Grant 

Performance Report promotes the 

standardization and streamlining of ED 

discretionary grant performance 

reporting. These performance reporting 

components are necessary to 

standardize information collection 

about Entry evidence, and Evaluation & 

Exit evidence use in grant 

implementation and to ensure a better, 

more comprehensive understanding of 

the use of evidence from what is 

provided in a grant application to the 

actual implementation of the grant 

project. 

Dated: January 17, 2024. 

Stephanie Valentine, 

PRA Coordinator, Strategic Collections and 

Clearance, Governance and Strategy Division, 

Office of Chief Data Officer, Office of 

Planning, Evaluation and Policy 

Development. 

[FR Doc. 2024–01107 Filed 1–19–24; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Eligibility Designations and 

Applications for Waiving Eligibility 

Requirements; Programs Under Parts 

A and F of Title III and Programs Under 

Title V of the Higher Education Act of 

1965, as Amended (HEA) 

AGENCY: Office of Postsecondary 

Education, Department of Education 

(Department). 

ACTION: Notice. 

SUMMARY: The Department announces 

the process for the designation of 

eligible institutions and invites 

applications for waivers of eligibility 

requirements for fiscal year (FY) 2024, 

for the programs listed in the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

DATES: 

Applications Available: January 22, 

2024. 

Deadline for Transmittal of 

Applications: February 27, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Jason Cottrell, Ph.D., Institutional 

Service, U.S. Department of Education, 

400 Maryland Avenue SW, Room 

5C122, Washington, DC 20202. 

Telephone: (202) 453–7530 or (202) 

262–1833. Email: Jason.Cottrell@ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

SUPPLEMENTARY INFORMATION: The 

Department announces the process for 

the designation of eligible institutions 

and invites applications for waivers of 

eligibility requirements for FY 2024 for 

the following programs: 

1. Programs authorized under title III, 

part A of the HEA: Strengthening 

Institutions Program (Part A SIP), 

Alaska Native and Native HawaiianServing Institutions (Part A ANNH), 

Predominantly Black Institutions (Part 

A PBI), Native American-Serving 

Nontribal Institutions (Part A NASNTI), 

and Asian American and Native 

american Pacific Islander-Serving 

Institutions (Part A AANAPISI). 

2. Programs authorized under title III, 

part F of the HEA: Hispanic-Serving 

Institutions STEM and Articulation 

(Part F HSI STEM and Articulation), 

Predominantly Black Institutions (Part F 

PBI), Alaska Native and Native 

Hawaiian-Serving Institutions (Part F 

ANNH), Native American-Serving 

Nontribal Institutions (Part F NASNTI), 

and Asian American and Native 

American Pacific Islander-Serving 

Institutions (Part F AANAPISI). 

3. The program authorized under title 

V part A of the HEA: Developing 

Hispanic-Serving Institutions (Part A 

HSI). 

4. The program authorized under title 

V part B of the HEA: Promoting 

Postbaccalaureate Opportunities for 

Hispanic Americans (Part B PPOHA). 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Programs: The Part A SIP, 

Part A ANNH, Part A PBI, Part A 

NASNTI, and Part A AANAPISI 

programs are authorized under title III, 

part A of the HEA. The Part F HSI STEM 

and Articulation, Part F PBI, Part F 

ANNH, Part F NASNTI, and Part F 

AANAPISI programs are authorized 

under title III, part F of the HEA. The 

HSI and PPOHA programs are 

authorized under title V of the HEA. 

Please note that certain programs 

addressed in this notice have the same 

or similar names as other programs that 

are authorized under a different 

statutory authority. For this reason, we 


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Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Notices 3917 

include the statutory authority within 

the acronym for certain programs. 

Under the programs discussed above, 

institutions are eligible to apply for 

grants if they meet specific statutory and 

regulatory eligibility requirements. An 

institution of higher education that is 

designated as an eligible institution may 

also receive a waiver of certain nonFederal cost-sharing requirements for 

one year under the Federal 

Supplemental Educational Opportunity 

Grant (FSEOG) program authorized by 

title IV, part A of the HEA and the 

Federal Work-Study (FWS) program 

authorized by section 443 of the HEA. 

Qualified (eligible) institutions may 

receive the FSEOG and FWS waivers for 

one year even if they do not receive a 

grant under a title III or V grant 

program. An applicant that receives a 

grant from the Student Support Services 

(SSS) program that is authorized under 

section 402D of the HEA, 20 U.S.C. 

1070a–14, may receive a waiver of the 

required non-Federal cost share for 

institutions for the duration of the grant. 

An applicant that receives a grant from 

the Undergraduate International Studies 

and Foreign Language (UISFL) program 

that is authorized under section 604 of 

the HEA, 20 U.S.C. 1124, may receive a 

waiver or reduction of the required nonFederal cost share for institutions for the 

duration of the grant. 

Sections 312, 502, and 512 of the 

HEA, 34 CFR 607.2–607.5, and 34 CFR 

606.2–606.5 include many of the basic 

eligibility requirements for grant 

programs authorized under titles III and 

V of the HEA. Sections 312(b)(1)(B) and 

502(a)(2)(A) of the HEA provide that, to 

be eligible for these programs, an 

institution of higher education’s average 

‘‘educational and general expenditures’’ 

(E&G) per full-time equivalent (FTE) 

undergraduate student must be less than 

the average E&G expenditures per FTE 

undergraduate student of institutions 

that offer similar instruction (public 2- 

year, public 4-year, private 2-year, and 

private 4-year) in that year. 

The National Center for Education 

Statistics (NCES) calculates Core 

Expenses per FTE of institutions, a 

statistic like E&G per FTE. Both E&G per 

FTE and Core Expenses per FTE are 

based on regular operational 

expenditures of institutions (excluding 

auxiliary enterprises, independent 

operations, and hospital expenses). 

They differ only in that E&G per FTE is 

based on fall undergraduate enrollment, 

while Core Expenses per FTE is based 

on 12-month undergraduate enrollment 

for the academic year. 

To avoid inconsistency in the data 

submitted to, and produced by, the 

Department, for the purpose of sections 

312(b)(1)(B) and 502(a)(2)(A) of the 

HEA, E&G per FTE is calculated using 

the same methodology as Core Expenses 

per FTE. Accordingly, the Department 

will apply the NCES methodology for 

calculating Core Expenses per FTE. 

Institutions requesting an eligibility 

exemption determination must use the 

Core Expenses per FTE data reported to 

NCES’ Integrated Postsecondary 

Education Data System (IPEDS) for the 

most currently available academic year, 

in this case academic year 2021–2022. 

Special Note: To qualify as an eligible 

institution under the grant programs 

listed in this notice, your institution 

must satisfy several criteria. For most of 

these programs, these criteria include 

those that relate to the enrollment of 

needy students and to the Core 

Expenses per FTE for a specified base 

year. The most recent data available in 

IPEDS for Core Expenses per FTE are for 

base year 2021–2022. To award FY 2024 

grants in a timely manner, we will use 

these data to evaluate eligibility. 

Each institution interested in either 

applying for a new grant under the titles 

III or V programs addressed in this 

notice, or requesting a waiver of the title 

IV non-Federal cost share, must be 

designated as an eligible institution in 

FY 2024. See 34 CFR 606.5 and 607.5. 

Note: Please be advised that final 

eligibility is program specific. 

Applicants should refer to the program 

in question for programmatic 

requirements. Further information 

regarding eligibility is set forth below. 

Eligible Applicants: The eligibility 

requirements for the programs 

authorized under part A of title III of the 

HEA are in sections 312 and 317–320 of 

the HEA (20 U.S.C. 1058, 1059d–1059g) 

and in 34 CFR 607.2–607.5. The 

regulations may be accessed at 

www.ecfr.gov/cgi-bin/text-idx?SID=

bc12bf5d685021e069cd1a15352

b381a&mc=true&node=

pt34.3.607&rgn=div5. The eligibility 

requirements for the programs 

authorized by part F of title III of the 

HEA are in section 371 of the HEA (20 

U.S.C. 1067q). There are currently no 

specific regulations for these programs. 

The eligibility requirements for the 

title V HSI program are in part A of title 

V of the HEA and in 34 CFR 606.2– 

606.5. The regulations may be accessed 

at www.ecfr.gov/cgi-bin/text-idx?SID=

bc12bf5d685021e069cd1a15352b381a&

mc=true&node=pt34.3.606&rgn=div5l. 

The requirements for the PPOHA 

program are in part B of title V of the 

HEA and in the notice of final 

requirements published in the Federal 

Register on July 27, 2010 (75 FR 44056), 

and in 34 CFR 606.2(a) and (b) and 

606.3–606.5. 

The Department has instituted a 

process known as the Eligibility Matrix 

(EM), under which we use information 

institutions submitted to IPEDS to 

determine which institutions meet the 

basic eligibility requirements for the 

programs authorized by title III or V of 

the HEA listed above. The data are 

utilized in the Department’s eligibility 

system to calculate and determine 

which institutions meet the eligibility 

requirements. To make eligibility 

determinations for FY 2024, we use an 

institution’s 2021–2022 enrollment and 

fiscal data. Beginning January 22, 2024, 

an institution will be able to review the 

Department’s eligibility decision by 

checking the eligibility system linked 

through the Department’s Institutional 

Service Eligibility website: http://

www2.ed.gov/about/offices/list/ope/ 

idues/eligibility.html. The direct link is 

https://HEPIS.ed.gov/. 

During the application period, the EM 

can be reviewed within the eligibility 

system (https://HEPIS.ed.gov). The 

eligibility system maintains a record of 

all postsecondary institutions that are 

potentially eligible to apply for funding 

in the titles III or V grant programs 

mentioned above. If the eligibility 

system’s entry for your institution 

indicates your institution is eligible, you 

will not need to apply for eligibility or 

submit a waiver request as described in 

this notice. Rather, if you choose to 

apply for the grant, you may print out 

the eligibility letter directly. If your 

institution is not shown as eligible, you 

must submit the application discussed 

in this notice before the application 

deadline of February 27, 2024. 

To check your institution’s eligibility, 

go to https://HEPIS.ed.gov/, and log into 

the system using a Login.gov account. If 

you are not sure whether you have an 

account in the system, click the 

‘‘Request Account’’ button. If you do not 

have an account, the system will walk 

you through setup. Note that it may take 

up to five business days to verify user 

identity and to complete new account 

setup, so please allow enough time to 

complete the application. If the Grant 

Eligibility Application (GEA) system is 

open for new applications, you may 

check your institution’s eligibility status 

by clicking the ‘‘View pre-Eligibility 

Information’’ button. Your institution’s 

eligibility information will display. 

If the system does not show that your 

institution is eligible for a program you 

can apply for a waiver or 

reconsideration using the process 

described in this notice. The application 

process mirrors that used in previous 

years. You will first complete an 

application on the website at https://

HEPIS.ed.gov/. If you remain ineligible 


ddrumheller on DSK120RN23PROD with NOTICES1
3918 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Notices 

based on your application, you will 

choose the waiver option(s) on the 

website to submit the required 

information and supporting 

documentation. 

Once all waiver decisions are made, 

the data from the eligibility system will 

be used to build a final EM that will be 

published on the Department’s 

eligibility website https://www2.ed.gov/ 

about/offices/list/ope/idues/

eligibility.html. 

Please note that through this process, 

the Department does not certify, nor 

designate, an institution a MinorityServing Institution or Hispanic-Serving 

Institution. This eligibility 

determination relates only to the 

institution’s ability to apply for grants 

under certain titles III and V grant 

programs, as discussed in this notice. 

Note: Institutions that submit a waiver 

request for either the Core Expenses per 

FTE or the Needy Student requirement 

must submit the required documents 

and supporting data and evidence by 

the deadline. All reviews and decisions 

will be made approximately two weeks 

after the deadline. 

Enrollment of Needy Students: As 

noted above, to qualify as an eligible 

institution under the grant programs 

listed in this notice, your institution 

must satisfy several criteria, including 

those that relate to the enrollment of 

needy students and to the Core 

Expenses per FTE student count for the 

specified base year. 

As to the enrollment of needy 

students, for programs under titles III 

and V (excluding the PBI programs), an 

institution is considered to have an 

enrollment of needy students if it meets 

either of the following two criteria: (1) 

at least 50 percent of its degree-seeking 

students received financial assistance 

under the Federal Pell Grant, FSEOG, or 

FWS programs; or (2) the percentage of 

its undergraduate degree-seeking 

students who were enrolled on at least 

a half-time basis and received Federal 

Pell Grants exceeded the median 

percentage of undergraduate degree 

students who were enrolled on at least 

a half-time basis and received Federal 

Pell Grants at comparable institutions 

that offer similar instruction. 

To qualify under the second criterion, 

an institution’s Federal Pell Grant 

percentage for base year 2021–2022 

must be more than the median for its 

category of comparable institutions 

provided in the 2021–2022 Median Pell 

Grant and Average Core Expenses per 

FTE Student Table in this notice. If your 

institution qualifies only under the first 

criterion, you must submit an 

application containing the data 

necessary to satisfy the first criterion 

(showing at least 50 percent of your 

degree-seeking students received 

financial assistance under one of several 

Federal student aid programs (the 

Federal Pell Grant, FSEOG, or FWS 

programs)), since these data are not 

available in IPEDS. 

‘‘Enrollment of Needy Students’’ for 

purposes of the Part A PBI program is 

separately defined in section 318(b)(2) 

of the HEA, and for purposes of the Part 

F PBI program is defined in section 

371(c)(3) of the HEA. 

Core Expenses per FTE Student: For 

each of the following programs, an 

institution should compare its base year 

2021–2022 Core Expenses per FTE 

student to the average Core Expenses 

per FTE student for its category of 

comparable institutions using the 2021– 

2022 Median Pell Grant and Average 

Core Expenses per FTE Student Table in 

this notice: title III, Part A SIP; Part A 

ANNH; Part A PBI; Part A NASNTI; Part 

A AANAPISI; title III, Part F HSI STEM 

and Articulation; Part F PBI; Part F 

ANNH; Part F NASNTI; Part F 

AANAPISI; title V, Part A HSI; and title 

V, Part B PPOHA. An institution 

satisfies this program eligibility 

requirement if its Core Expenses for the 

2021–2022 base year are less than the 

average Core Expenses of its comparable 

institutional category. 

Core Expenses are defined as the total 

expenses for the essential education 

activities of the institution. Core 

Expenses for public institutions 

reporting under the Governmental 

Accounting Standards Board (GASB) 

requirements include expenses for 

instruction, research, public service, 

academic support, student services, 

institutional support, operation and 

maintenance of plant, depreciation, 

scholarships and fellowships, interest, 

and other operating and non-operating 

expenses. Core Expenses for institutions 

reporting under the Financial 

Accounting Standards Board (FASB) 

standards (primarily private, not-forprofit, and for-profit institutions) 

include expenses for instruction, 

research, public service, academic 

support, student services, institutional 

support, net grant aid to students, and 

other expenses. Core Expenses do not 

include Federal student aid for the 

purposes of eligibility. For both FASB 

and GASB institutions, Core Expenses 

do not include expenses for auxiliary 

enterprises (e.g., bookstores, 

dormitories), hospitals, and 

independent operations. 

The following table identifies base 

year 2021–2022 median Federal Pell 

Grant percentages and average Core 

Expenses per FTE student for the four 

categories of comparable institutions: 

Type of institution 

Base year 

2021–2022 

Median Pell grant 

percentage 

Base year 

2021–2022 

average core 

expenses per 

FTE student 

2-year Public Institutions ............................................................................................................................. 44 $19,274

2-year Nonprofit Private Institutions ............................................................................................................ 52 17,273

4-year Public Institutions ............................................................................................................................. 37 37,667

4-year Nonprofit Private Institutions ............................................................................................................ 36 46,779

Waiver Information: Institutions that 

do not meet the needy student 

enrollment requirement or the Core 

Expenses per FTE requirement may 

apply to the Secretary for a waiver of 

these requirements, as described in 

sections 392 and 522 of the HEA, and 

in the implementing regulations at 34 

CFR 606.3(b), 606.4(c) and (d), 607.3(b), 

and 607.4(c) and (d). 

Institutions requesting a waiver of the 

needy student enrollment requirement 

or the Core Expenses per FTE 

requirement must include in their 

application detailed evidence 

supporting the waiver request, as 

described in the instructions for 

completing the application. 

The regulations governing the 

Secretary’s authority to grant a waiver of 

the needy student requirement refer to 

‘‘low-income’’ students or families, at 34 

CFR 606.3(b)(2) and (3) and 607.3(b)(2) 

and (3). The regulations at 34 CFR 

606.3(c) and 607.3(c) define ‘‘lowincome’’ as an amount that does not 

exceed 150 percent of the amount equal 

to the poverty level, as established by 

the U.S. Census Bureau. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Notices 3919 

For purposes of this waiver provision, 

the following table sets forth the lowincome levels (at 150 percent) for various family sizes: 

2022 ANNUAL LOW-INCOME LEVELS

Size of family unit 

Family income for 

the 48 contiguous 

states, DC, and 

outlying jurisdictions 

Family 

income for 

Alaska 

Family 

income for 

Hawaii 

1 ......................................................................................................................................... $20,385 $25,485 $23,445

2 ......................................................................................................................................... 27,465 34,335 31,590

3 ......................................................................................................................................... 34,545 43,185 39,735

4 ......................................................................................................................................... 41,625 52,035 47,880

5 ......................................................................................................................................... 48,705 60,885 56,025

6 ......................................................................................................................................... 55,785 69,735 64,170

7 ......................................................................................................................................... 62,865 78,585 72,315

8 ......................................................................................................................................... 69,945 87,435 80,460

Note: We use the 2022 annual lowincome levels because those are the 

amounts that apply to the family income 

reported by students enrolled for the fall 

2021 semester. For family units with 

more than eight members, add the 

following amount for each additional 

family member: $7,080 for the 

contiguous 48 States, the District of 

Columbia, and outlying jurisdictions; 

$8,850 for Alaska; and $8,145 for 

Hawaii. 

The figures shown under family 

income represent amounts equal to 150 

percent of the family income levels 

established by the U.S. Census Bureau 

for determining poverty status. The 

poverty guidelines were published on 

January 21, 2022, in the Federal 

Register by the U.S. Department of 

Health and Human Services (87 FR 

3315), with an effective date of January 

12, 2022. 

Information about ‘‘metropolitan 

statistical areas’’ referenced in 34 CFR 

606.3(b)(4) and 607.3(b)(4) may be 

obtained at: https://www.census.gov/ 

programs-surveys/metro-micro/ 

geographies/reference-maps.html. 

Electronic Submission of Waiver 

Applications: If your institution does 

not appear in the eligibility system as 

eligible for a program to which you seek 

to apply, you must apply for a waiver 

of the eligibility requirements. To 

request a waiver, you must upload a 

narrative at https://HEPIS.ed.gov/. 

Exception to the Electronic 

Submission Requirement: We 

discourage paper applications, but if 

electronic submission is not possible 

(e.g., you do not have access to the 

internet), you must provide a written 

statement that you intend to submit a 

paper application. This written 

statement must be postmarked no later 

than two weeks before the application 

deadline date (14 calendar days or, if 

the 14th calendar day before the 

application deadline date falls on a 

weekend or Federal holiday, the next 

business day following the weekend or 

Federal holiday). 

Please send this statement to the 

person listed in the FOR FURTHER

INFORMATION CONTACT section of this 

notice. 

If you submit a paper application, you 

must mail your application, on or before 

the application deadline date, to the 

Department at the following address: 

U.S. Department of Education, 

Attention: Jason Cottrell, 400 Maryland 

Avenue SW, Room 5C122, Washington, 

DC 20202. 

You must show proof of mailing 

consisting of one of the following: 

(1) A legibly dated U.S. Postal Service

postmark. 

(2) A legible mail receipt with the

date of mailing stamped by the U.S. 

Postal Service. 

(3) A dated shipping label, invoice, or

receipt from a commercial carrier. 

(4) Any other proof of mailing

acceptable to the Secretary of the U.S. 

Department of Education. 

If you mail your application through 

the U.S. Postal Service, we do not 

accept either of the following as proof 

of mailing: 

(1) A private metered postmark.

(2) A mail receipt that is not dated by

the U.S. Postal Service. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. 

Before relying on this method, you 

should check with your local post 

office. 

We will not consider applications 

postmarked after the application 

deadline date. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 75, 77, 79, 82, 84, 86, 97, 

98, and 99. (b) The Office of 

Management and Budget Guidelines to 

Agencies on Governmentwide 

Debarment and Suspension 

(Nonprocurement) in 2 CFR 180, as 

adopted and amended as regulations of 

the Department in 2 CFR part 3485. (c) 

The Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards 

in 2 CFR part 200, as adopted and 

amended as regulations of the 

Department in 2 CFR part 3474. (d) The 

regulations for certain title III programs 

in 34 CFR part 607, and for the HSI 

program in 34 CFR part 606. (e) The 

notice of final requirements for the 

PPOHA program published in the 

Federal Register on July 27, 2010 (75 FR 

44056). 

Note: The regulations in 34 CFR part 

79 apply to all applicants except 

federally recognized Indian Tribes. 

Note: The regulations in 34 CFR part 

86 apply to institutions of higher 

education only. 

Note: There are no program-specific 

regulations for the Part A PBI, Part A 

NASNTI, and Part A AANAPISI 

programs or any of the title III, part F 

programs. Also, the HEA has been 

amended since the Department last 

issued regulations for programs 

established under titles III and V of that 

statute. Accordingly, we encourage each 

potential applicant to read applicable 

sections of the HEA to fully understand 

all applicable program eligibility 

requirements. 

II. Other Information

Accessible Format: On request to the

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document and a copy of the 

application package in an accessible 

format. The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 


ddrumheller on DSK120RN23PROD with NOTICES1
3920 Federal Register / Vol. 89, No. 14 / Monday, January 22, 2024 / Notices 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF, you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Nasser H. Paydar, 

Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2024–00707 Filed 1–19–24; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2024–0015; FRL–11665–01– 

OGC] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed consent 

decree; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’ or ‘‘the Act’’), the 

Environmental Protection Agency 

(‘‘EPA’’ or ‘‘the Agency’’) is providing 

notice of a proposed consent decree in 

Center for Community Action and 

Environmental Justice v. United States 

Environmental Protection Agency, No. 

4:23–cv–03571–YGR (N.D. Cal.). On July 

19, 2023 and August 29, 2023, Plaintiff 

Center for Community Action and 

Environmental Justice and Plaintiffs 

East Yard Communities for 

Environmental Justice, People’s 

Collective for Environmental Justice, 

Sierra Club, and Communities for a 

Better Environment (collectively, 

‘‘Plaintiffs’’), respectively, filed a 

complaint in the United States District 

Court for the Northern District of 

California alleging that EPA failed to 

perform its non-discretionary duty to 

take final action to approve or 

disapprove, or conditionally approve, in 

whole or in part, the California state 

implementation plan (SIP) submittal 

entitled South Coast Air Quality 

Management District Rule 2305, 

Warehouse Indirect Source Rule— 

Warehouse Actions and Investments to 

Reduce Emissions Program (SCAQMD 

Rule 2305), submitted to EPA by the 

California Air Resources Board on or 

about August 13, 2021. The two cases 

are now consolidated. The proposed 

consent decree would establish a 

deadline for the EPA Administrator 

(‘‘Administrator’’) to sign a notice of 

final rulemaking for this action. 

DATES: Written comments on the 

proposed consent decree must be 

received by February 21, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OGC–2024–0015, online at https://

www.regulations.gov (EPA’s preferred 

method). Follow the online instructions 

for submitting comments. 

Instructions: All submissions received 

must include the Docket ID number for 

this action. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Additional Information about 

Commenting on the Proposed Consent 

Decree’’ heading under the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Yasmı ́n Pe ́rez Ortiz, Air and Radiation 

Law Office, Office of General Counsel, 

U.S. Environmental Protection Agency; 

telephone: (202) 564–1077; email 

address: perez-ortiz.yasmin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining a Copy of the Proposed 

Consent Decree 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2024–0015) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave. NW, 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

The electronic version of the public 

docket for this action contains a copy of 

the proposed consent decree, and is 

available through https://

www.regulations.gov. You may use 

https://www.regulations.gov to submit 

or view public comments, access the 

index listing of the contents of the 

official public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 

II. Additional Information About the 

Proposed Consent Decree 

Plaintiffs filed a complaint in the 

United States District Court for the 

Northern District of California alleging 

that EPA failed to perform its 

nondiscretionary duty under CAA 

section 110(k)(2) to approve, 

disapprove, or conditionally approve, in 

whole or in part SCAQMD Rule 2305, 

within 12 months of a determination of 

completeness by EPA or a submittal 

being deemed complete by operation of 

law. On February 13, 2022, the 

SCAQMD Rule 2305 submittal was 

deemed complete by operation of law 

and EPA had a mandatory duty to take 

final action on the SIP submittal by 

February 13, 2023. 

Under the terms of the proposed 

consent decree, no later than July 17, 

2024, the Administrator would be 

required to sign a notice of final 

rulemaking to approve, disapprove, 

conditionally approve, or approve in 

part and disapprove in part, the SIP 

submittal from California entitled South 

Coast Air Quality Management District 

Rule 2305, Warehouse Indirect Source 

Rule—Warehouse Actions and 

Investments to Reduce Emissions 

Program. For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

consent decree. EPA or the Department 

of Justice may withdraw or withhold 

consent to the proposed consent decree 

if the comments disclose facts or 

considerations that indicate that such 

consent is inappropriate, improper, 

inadequate, or inconsistent with the 

requirements of the Act. 

III. Additional Information About 

Commenting on the Proposed Consent 

Decree 

Submit your comments, identified by 

Docket ID No. EPA–HQ–OGC–2024– 

0015, via https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from this docket. The 

EPA may publish any comment received 

to its public docket. Do not submit to 

EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI) or other 


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