31338 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 

advantages and disadvantages of 

affiliated lending practices? 

4. State and Local Experience. State 

and local consumer and enforcement 

agencies, through their investigatory 

and prosecutorial experiences, may be 

able to contribute valuable information 

regarding practices that steer consumers 

to overpriced settlement service 

providers, as well as provide 

information about successful and 

unsuccessful means of preventing such 

abuse. To these agencies especially, 

HUD asks: 

(a) What has been and continues to be 

the impact of state and local regulatory 

enforcement in this area? 

(b) What rules and forms of 

enforcement have proven most 

effective? 

(c) Is there evidence available 

regarding specific anticompetitive or 

anticonsumer practices that can be 

provided by state law enforcement? 

(d) Can state laws regulating builderaffiliated business arrangements provide 

an approach for evaluating options? 

5. One-Stop Shopping. In the process 

of withdrawing the revised definition of 

‘‘required use’’ in the November 17, 

2008, RESPA final rule, HUD received 

comments indicating that limiting 

referrals to affiliates adversely affects 

one-stop shopping options that could 

benefit consumers. Accordingly, HUD 

asks whether there is any way to 

quantify the benefit to homebuyers of 

one-stop shopping. Additionally, is 

there any evidence that homebuyers 

derive greater benefit from one-stop 

shopping than from comparison 

shopping for the best loan terms and 

settlement costs? 

6. Incentives vs. Disincentives or 

Penalties. HUD requests comments on 

the relationship between incentives to 

use an affiliated settlement service 

provider and disincentives or penalties 

for using a nonaffiliated settlement 

service provider, and how incentives 

and disincentives might be treated in 

the new regulation. To assist in the 

development of distinctions or 

equivalencies between incentives and 

disincentives, HUD asks for information 

concerning cases where an incentive to 

use a certain provider would not have 

the same effect as a disincentive for 

failure to use another provider. 

While HUD specifically seeks 

comments on the foregoing questions, 

HUD welcomes additional information 

that will help inform HUD’s views on 

this issue. 

Dated: May 27, 2010. 

David H. Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2010–13350 Filed 6–2–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

Promoting Postbaccalaureate 

Opportunities for Hispanic Americans 

(PPOHA) Program 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Proposed requirements. 

SUMMARY: The Assistant Secretary for 

Postsecondary Education proposes 

requirements under the PPOHA 

Program. The Assistant Secretary may 

use one or more of these requirements 

for competitions in fiscal year (FY) 2010 

and later years. We take this action to 

establish appropriate requirements for 

the PPOHA Program. We have based 

these requirements on existing rules for 

the Hispanic-Serving Institutions (HSI) 

Program, authorized by Title V of the 

Higher Education Act of 1965, as 

amended (HEA), because the PPOHA 

Program and the HSI Program are 

governed by some common provisions 

and support similar institutions. We are 

proposing to limit the number of 

applications an eligible institution can 

submit under the PPOHA to ensure that 

more HSIs have an opportunity for 

assistance under the PPOHA Program. 

We are also proposing a limitation on 

the use of PPOHA Program funds for 

direct student assistance to ensure that 

institutions use the grant funds to best 

meet the broad purposes of the statute. 

DATES: We must receive your comments 

on or before July 6, 2010. 

ADDRESSES: Address all comments about 

this notice to Dr. Maria E. Carrington, 

U.S. Department of Education, 1990 K 

Street, NW., Room 6036, Washington, 

DC 20006–8513. 

If you prefer to send your comments 

by e-mail, use the following address: 

maria.carrington@ed.gov. You must 

include the term ‘‘PPOHA Program 

Notice of Proposed Requirements’’ in the 

subject line of your electronic message. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Maria E. Carrington: (202) 502–7548, or 

by e-mail: maria.carrington@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: We invite you 

to submit comments regarding this 

notice. To ensure that your comments 

have maximum effect in developing the 

notice of final requirements, we urge 

you to identify clearly the specific 

proposed requirement that each 

comment addresses. 

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 requirements. Please let 

us know of any further ways we could 

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 this notice in Room 6036, 1990 K 

Street, NW., Washington, DC, between 

the hours of 8:30 a.m. and 4:00 p.m., 

Washington, DC time, Monday through 

Friday of each week except Federal 

holidays. 

Assistance to Individuals with 

Disabilities in Reviewing the 

Rulemaking Record: On request, we will 

provide an appropriate accommodation 

or auxiliary aid to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for this notice. If you want to 

schedule an appointment for this type of 

accommodation or auxiliary aid, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

Purpose of Program: The purposes of 

the PPOHA Program are to: (1) Expand 

postbaccalaureate educational 

opportunities for, and improve the 

academic attainment of, Hispanic 

students; and (2) expand the 

postbaccalaureate academic offerings as 

well as enhance the program quality in 

the institutions of higher education that 

are educating the majority of Hispanic 

college students and helping large 

numbers of Hispanic and low-income 

students complete postsecondary 

degrees. 

Program Authority: 20 U.S.C.1102–1102c, 

20 U.S.C.1161aa–1. 

Proposed Requirements 

Background 

The PPOHA Program is authorized by 

Title V, part B, sections 511 through 514 

of the HEA. It was added to the HEA by 

the Higher Education Opportunity Act 

of 2008, Public Law 110–315. The 

PPOHA Program supports HSIs that 

offer a postbaccalaureate certificate or 

degree granting program. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 31339 

There are overlapping statutory 

provisions that govern both the PPOHA 

Program and the HSI Program, which is 

authorized by sections 501 to 504 of the 

HEA. For example, in defining the term 

‘‘Hispanic-serving institution’’ for 

purposes of the PPOHA Program, 

Congress adopted the definition of that 

term from the program authority for the 

HSI Program. In addition, the PPOHA 

Program provides development grants 

like the HSI Program. Congress also 

applied the general provisions of the 

HSI Program (see sections 521 through 

528 of the HEA) to the PPOHA Program. 

In FY 2009, the Department 

conducted its first grant competition 

under the PPOHA Program. Under the 

General Education Provisions Act 

(GEPA), the Department can establish 

requirements for the first competition it 

holds under a new or substantially 

revised program authority without 

subjecting those requirements to the 

Administrative Procedure Act’s 

rulemaking requirements. (See section 

437(d)(1) of GEPA). The Department 

established requirements for the FY 

2009 PPOHA Program grant competition 

in a notice inviting applications that it 

published in the Federal Register on 

June 18, 2009 (74 FR 28913). The 

requirements established for the FY 

2009 grant competition included (1) 

using the HSI Program regulations in 34 

CFR 606.2(a) and (b) and 34 CFR 606.3 

through 606.5 for purposes of 

determining eligibility for the PPOHA 

Program and (2) using the ‘‘tie-breaker 

for development grants’’ provisions from 

the HSI Program regulations in 34 CFR 

606.23(b)(1) and (b)(2). Given the 

overlap between the PPOHA Program 

and the HSI Program, the Department 

determined that it was appropriate to 

use these regulations from the HSI 

program for the PPOHA Program. 

Congress has appropriated $22 

million for the PPOHA Program for FY 

2010. To conduct an effective 

competition using these funds, the 

Department has determined that it is 

necessary to establish requirements for 

the FY 2010 competition and for future 

competitions under the PPOHA 

Program. Specifically, we propose again 

to use the HSI Program regulations in 34 

CFR 606.2(a) and (b) and 34 CFR 606.3 

through 606.5 for purposes of 

determining eligibility, and the 

regulations in 34 CFR 606.23(b)(1) and 

(b)(2) for breaking ties for development 

grants in this competition. 

As we explained in the notice inviting 

applications for the FY 2009 

competition, we believe these 

requirements are appropriate for the 

following reasons: 

Eligibility Criteria (Use of 34 CFR 

606.2(a) and (b), 606.3 through 606.5). 

The regulations for the HSI Program (34 

CFR part 606) include eligibility criteria 

for a ‘‘Hispanic-serving institution’’ as 

used in section 502 of the HEA (20 

U.S.C. 1101a). The definition of a 

‘‘Hispanic-serving institution’’ in section 

502 of the HEA also applies to the 

PPOHA Program. Accordingly, we are 

using the eligibility criteria from the HSI 

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

606.3, 606.4, and 606.5) for the PPOHA 

Program. The use of these regulations 

will enable applicants under the 

PPOHA Program to determine whether 

they meet the definitional requirements 

of an HSI. 

Tie-breaker for Development Grants 

(Use of 34 CFR 606.23(b)(1) and (b)(2)). 

Through the PPOHA Program, the 

Department provides development 

grants like those currently awarded 

under the HSI Program. In light of the 

similar eligibility criteria for these two 

programs, the Assistant Secretary has 

decided to adopt for the PPOHA 

Program the regulations for tie-breakers 

used in the HSI Program. 

In addition to the eligibility and tie 

breaker requirements, we also propose 

to establish the following two additional 

requirements: 

(1) A limitation on the number of 

applications an eligible institution can 

submit under the PPOHA Program. 

(2) A limitation on the use of PPOHA 

Program funds for direct student 

assistance. 

We propose to limit the number of 

applications an eligible institution can 

submit under the PPOHA Program to 

one per fiscal year. This proposed 

limitation would ensure that more HSIs 

have an opportunity for assistance 

under the PPOHA Program. 

We also propose to limit the amount 

of PPOHA Program funds a grantee can 

use to provide direct student assistance 

to no more than 20 percent. While 

section 513(a)(4) of the HEA allows 

grant funds to be used to support lowincome, postbaccalaureate students with 

scholarships, fellowships, and other 

financial assistance to permit the 

enrollment of these students in 

postbaccalaureate certificate or degreegranting programs, the primary 

emphasis of the PPOHA Program is to 

expand postbaccalaureate academic 

offerings and enhance program quality 

rather than to provide direct student 

financial assistance. 

Proposed Requirements 

The Assistant Secretary proposes the 

following requirements for this program. 

We may apply one or more of these 

requirements in any year in which this 

program is in effect. 

Proposed Requirement 1—Eligibility 

Criteria (Use of 34 CFR 606.2(a) and (b), 

606.3 Through 606.5) 

Hispanic-Serving Institution (HSI): To 

qualify as an eligible HSI for the 

Promoting Postbaccalaureate 

Opportunities for Hispanic Americans 

(PPOHA) Program under sections 502 

and 512(b) of the Higher Education Act 

of 1965, as amended (HEA) (20 U.S.C. 

1101a and 1102a), an institution of 

higher education (IHE) must— 

(a) Have an enrollment of needy 

students, as defined in section 502(b) of 

the HEA (section 502(a)(2)(A)(i) of the 

HEA; 20 U.S.C. 1101a(a)(2)(A)(i)); 

(b) Have, except as provided in 

section 522(b) of the HEA, average 

educational and general expenditures 

that are low, per full-time equivalent 

(FTE) undergraduate student, in 

comparison with the average 

educational and general expenditures 

per FTE undergraduate student of 

institutions that offer similar instruction 

(section 502(a)(2)(A)(ii) of the HEA; 20 

U.S.C. 1101a(a)(2)(A)(ii)); 

Note: To demonstrate an enrollment of 

needy students and low average educational 

and general expenditures per FTE 

undergraduate student, an IHE must be 

designated as an ‘‘eligible institution’’ in 

accordance with 34 CFR 606.3 through 606.5 

and the notice inviting applications for 

designation as an eligible institution for the 

fiscal year for which the grant competition is 

being conducted. 

(c) Be accredited by a nationally 

recognized accrediting agency or 

association that the Secretary has 

determined to be a reliable authority as 

to the quality of education or training 

offered, or making reasonable progress 

toward accreditation, according to such 

an agency or association (section 

502(a)(2)(A)(iv) of the HEA; 20 U.S.C. 

1101a(a)(2)(A)(iv)); 

(d) Be legally authorized to provide, 

and provide within the State, an 

educational program for which the 

institution awards a bachelor’s degree 

(section 502(a)(2)(A)(iii) of the HEA; 20 

U.S.C. 1101a(a)(2)(A)(iii)); and 

(e) Have an enrollment of 

undergraduate FTE students that is at 

least 25 percent Hispanic students at the 

end of the award year immediately 

preceding the date of application 

(section 502(a)(5)(B) of the HEA; 20 

U.S.C. 1101a(a)(5)(B)). 

Note 1: Funds for the PPOHA Program will 

be awarded each fiscal year; thus, for this 

program, the ‘‘end of the award year 

immediately preceding the date of 

application’’ refers to the end of the fiscal 

year prior to the application due date. The 


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31340 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 

end of the fiscal year occurs on September 30 

for any given year. 

Note 2: In considering applications for 

grants under this program, the Department 

will compare the data and documentation the 

institution relied on in its application with 

data reported to the Department’s Integrated 

Postsecondary Education Data System 

(IPEDS), the IHE’s State-reported enrollment 

data, and the institutional annual report. If 

different percentages or data are reported in 

these various sources, the institution must, as 

part of the eligibility process, explain the 

reason for the differences. If the IPEDS data 

show that less than 25 percent of the 

institution’s undergraduate FTE students are 

Hispanic, the burden is on the institution to 

show that the IPEDS data are inaccurate. If 

the IPEDS data indicate that the institution 

has an undergraduate FTE less than 25 

percent, and the institution fails to 

demonstrate that the IPEDS data are 

inaccurate, the institution will be considered 

ineligible. 

Proposed Requirement 2—Use of TieBreaking Factors 

To resolve ties in the reader scores of 

applications for development grants, the 

Department will award one additional 

point to an application from an 

institution of higher education (IHE) 

that has an endowment fund for which 

the market value per full-time 

equivalent (FTE) student is less than the 

comparable average current market 

value of the endowment funds per FTE 

student at similar type IHEs. In 

addition, to resolve ties in the reader 

scores of applications for PPHOA 

development grants, the Department 

will award one additional point to an 

application from an IHE that has 

expenditures for library materials per 

FTE student that are less than the 

comparable average expenditures for 

library materials per FTE student at 

similar type IHEs. (34 CFR 606.23(a)(1) 

and (2)). 

For the purpose of these funding 

considerations, we will use 2008–2009 

data. 

If a tie remains after applying the tiebreaker mechanism above, priority will 

be given for Individual Development 

Grants to applicants that have the 

lowest endowment values per FTE 

student. (34 CFR § 606.23(b)(1)) 

Proposed Requirement 3—Limit on 

Applications From an Eligible 

Institution 

In any fiscal year, an eligible 

institution may submit only one 

application for a grant under the 

PPOHA Program. This restriction is 

intended to ensure that more Hispanicserving institutions have an opportunity 

for assistance under Title V of the 

Higher Education Act of 1965, as 

amended. 

Proposed Requirement 4—Limit on Use 

of Funds for Direct Student Assistance 

A PPOHA Program grantee may use 

no more than 20 percent of its total 

PPOHA Program grant award to provide 

financial support—in the form of 

scholarships, fellowships, and other 

student financial assistance—to lowincome students. 

Final Requirements: We will 

announce the final requirements in a 

notice in the Federal Register. We will 

determine the final requirements after 

considering responses to this notice and 

other information available to the 

Department. This notice does not 

preclude us from proposing additional 

requirements subject to meeting 

applicable rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use one or more of these requirements, we 

invite applications through a notice in the 

Federal Register. 

Executive Order 12866: This notice 

has been reviewed in accordance with 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this 

proposed regulatory action. 

The potential costs associated with 

this proposed regulatory action are 

those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering this program effectively 

and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this proposed regulatory 

action, we have determined that the 

benefits of the proposed requirements 

justify the costs. 

We have determined, also, that this 

proposed regulatory action does not 

unduly interfere with State, local, and 

Tribal governments in the exercise of 

their governmental functions. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Daniel T. Madzelan, Director, 

Forecasting and Policy Analysis for the 

Office of Postsecondary Education, to 

perform the functions and duties of the 

Assistant Secretary for Postsecondary 

Education. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.031M. 

Dated: May 25, 2010. 

Daniel T. Madzelan, 

Director, Forecasting and Policy Analysis. 

[FR Doc. 2010–13318 Filed 6–2–10; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0158; FRL–9158–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Section 110(a)(2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the State of Delaware 

pursuant to the Clean Air Act (CAA) 

sections 110(k)(2) and (3). These 

submittals address the infrastructure 

elements specified in the CAA section 

110(a)(2) necessary to implement, 

maintain, and enforce the 1997 8-hour 

ozone and fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS), and the 2006 PM2.5 NAAQS. 

This proposed action is limited to the 


srobinson on DSKHWCL6B1PROD with PROPOSALS