Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 67373 

(b) The regulations. (1) The area is 

established as a Naval Air Station small 

boat operations and training area. 

(2) All persons, vessels, and other 

craft are prohibited from entering the 

waters described in paragraph (a) of this 

section for any reason. All vessels and 

craft, including pleasure vessels and 

craft (sailing, motorized, and/or rowed 

or self-propelled), private and 

commercial fishing vessels, other 

commercial vessels, barges, and all 

other vessels and craft, except vessels 

owned or operated by the United States 

and/or a Federal, State, or local law 

enforcement agency are restricted from 

entering, transiting, anchoring, drifting 

or otherwise navigating within the area 

described in paragraph (a) of this 

section. 

(3) The regulations in this section 

shall be enforced by the Commanding 

Officer, Naval Air Station Pensacola 

and/or such persons or agencies he/she 

may designate. 

Dated: November 1, 2005. 

Gerald W. Barnes, 

Chief, Operations Division, Directorate of 

Civil Works. 

[FR Doc. 05–22049 Filed 11–4–05; 8:45 am] 

BILLING CODE 3710–92–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 673, 674, 675, and 676 

Federal Perkins Loan, Federal WorkStudy, Federal Supplemental 

Educational Opportunity Grant 

Programs, and the General Provisions 

for These Programs 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice regarding reallocation of 

campus-based aid and waivers of 

statutory and regulatory provisions 

pursuant to the Natural Disaster Student 

Aid Fairness Act, Public Law 109–86. 

SUMMARY: The Natural Disaster Student 

Aid Fairness Act (Aid Fairness Act), 

Public Law 109–86, signed by the 

President on October 7, 2005, provides, 

in part, that the Secretary must 

reallocate unexpended Federal Perkins 

Loan (Perkins), Federal Work-Study 

(FWS), and Federal Supplemental 

Educational Opportunity Grant (FSEOG) 

program funds (campus-based funds) to 

institutions of higher education that are 

located in areas affected by Hurricane 

Katrina or Hurricane Rita or that have 

enrolled eligible students who were 

affected by Hurricane Katrina or 

Hurricane Rita. In this notice, we 

announce the reallocation process for 

institutions of higher education that 

have enrolled students affected by 

Hurricane Katrina or Hurricane Rita and 

waivers or modifications of relevant 

statutory and regulatory provisions. We 

will be addressing the reallocation of 

additional campus-based funds for 

institutions that are located in an area 

affected by a Gulf hurricane disaster 

through a separate process. 

FOR FURTHER INFORMATION CONTACT: John 

Kolotos, U.S. Department of Education, 

400 Maryland Avenue, SW., UCP, room 

113F2, Washington, DC 20202. 

Telephone: (202) 377–4027, FAX: (202) 

275–4552, or by e-mail at 

john.kolotos@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) 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 program contact person 

listed in this section. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 2(b) of the Aid Fairness Act 

requires the Secretary to reallocate to 

certain eligible institutions of higher 

education (institutions) any 

unexpended campus-based funds from 

the 2004–2005 award year as 

supplemental allocations for the 2005–

2006 award year. An institution is 

eligible to receive a reallocation if the 

institution participates in the program 

for which excess allocations are being 

reallocated and (1) is located in an area 

affected by a Gulf hurricane disaster or 

(2) has accepted for enrollment any 

affected students, as defined in the 

following paragraph, in academic year 

2005–2006. The Aid Fairness Act 

further authorizes the Secretary to 

determine the manner in which excess 

allocations will be reallocated and 

authorizes the Secretary to waive or 

modify any statutory or regulatory 

provisions relating to reallocations. 

The Aid Fairness Act defines an 

affected student as an individual who 

has applied for, or received, student 

financial assistance under title IV of the 

Higher Education Act of 1965, as 

amended (HEA), and who (1) was 

enrolled or accepted for enrollment, as 

of August 29, 2005, at an institution in 

an area affected by a Gulf hurricane 

disaster; (2) was a dependent student 

enrolled or accepted for enrollment at 

an institution that is not in an area 

affected by a Gulf hurricane disaster, but 

whose parents resided or were 

employed, as of August 29, 2005, in an 

area affected by a Gulf hurricane 

disaster; or (3) suffered direct economic 

hardship as a direct result of a Gulf 

hurricane disaster, as determined by the 

Secretary. 

An area affected by a Gulf hurricane 

disaster is any county or parish in 

Alabama, Louisiana, Mississippi, and 

Texas declared by FEMA as Major 

Disaster Areas designated for Individual 

Assistance. A listing of those counties 

and parishes is posted on the 

Department’s ‘‘Information for Financial 

Aid Professionals’’ (IFAP) Web site at 

http://www.ifap.ed.gov. 

Reallocation for Institutions Enrolling 

Affected Students 

In this notice, we are addressing the 

reallocation of campus-based funds for 

only those institutions that participate 

in at least one of the campus-based 

programs and that accepted affected 

students for enrollment in academic 

year 2005–2006, including institutions 

located in an area affected by a Gulf 

hurricane disaster that enrolled affected 

students. We will be addressing the 

reallocation of additional campus-based 

funds for institutions that participate in 

at least one of the campus-based 

programs and that are located in an area 

affected by a Gulf hurricane disaster 

through a separate process. 

Criteria for Determining Economic 

Hardship 

As provided in the Aid Fairness Act 

in the definition of ‘‘affected student,’’

the Secretary has determined that a 

student has ‘‘suffered direct economic 

hardship as a direct result of a Gulf 

hurricane disaster’’ if the student (or if 

a dependent student, the student’s 

parents) lost a domicile, income, or 

other means of support as a result of a 

Gulf hurricane disaster. 

Procedures for Reallocation of CampusBased Funds 

Institutions that participate in at least 

one of the campus-based programs and 

that have accepted for enrollment any 

affected students may submit a request 

to the Secretary for reallocation of 

excess campus-based funds, using the 

Reallocation Request Form described 

below. We will be sending to 

institutions that participate in one or 

more of the campus-based programs an 

e-mail message that will include, as an 

attachment, a Reallocation Request 

Form. Any of these institutions that 

have enrolled affected students and are 

requesting reallocation of funds must 

complete this form and submit it to the 

Department via FAX at the number that 

will be included in the e-mail message. 

The e-mail message also will specify the 

deadline date by which requests must 

67374 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

be received by the Department in order 

for an institution to be considered for 

reallocated funds. 

An institution’s Reallocation Request 

Form must include the following 

information: 

(a) The number of students enrolled at 

the institution who were enrolled or 

accepted for enrollment for the 2005–

2006 academic year at an institution 

located in an area affected by a Gulf 

hurricane disaster, whether or not those 

students have applied for or are 

recipients of Federal student aid. 

(b) The number of affected students 

enrolled at the institution who have 

applied for Federal student aid, as 

evidenced by a 2005–2006 Student Aid 

Report (SAR) or Institutional Student 

Information Record (ISIR), received by 

the institution. 

(c) The total amount of campus-based 

reallocated funds the institution 

estimates it will be able to expend in the 

2005–2006 award year. 

We advise institutions that, based on 

the amount of total funds available for 

reallocation, it is possible that the 

amount received by an institution that 

has enrolled fewer than 20 affected 

students would be minimal when 

compared to the time and effort 

institutions might need to prepare and 

submit a request. 

The Secretary also will be posting an 

announcement on the Department’s 

IFAP Web site providing information on 

the process institutions will need to 

follow to submit their requests. 

Use of Reallocated Campus-Based 

Funds 

An institution does not have to use 

the reallocated funds it receives directly 

for affected students, but it must use the 

funds to make campus-based awards to 

eligible students or for other statutorily 

allowed purposes. Any reallocated 

funds an institution receives must be 

included in the total program funds 

used for the purpose of calculating 

carry-forward amounts, carry-back 

amounts, Job Location and Development 

amounts, and campus-based 

administrative cost allowances. 

Statutory and Regulatory Waivers 

As noted earlier in this notice, the Aid 

Fairness Act authorizes the Secretary to 

waive or modify certain statutory or 

regulatory requirements pertaining to 

the reallocated campus-based funds. 

Under that authority: 

(1) The Secretary will not require an 

institution to provide a non-Federal 

share or capital contribution under 34 

CFR 674.8, 675.26, and 676.21 to match 

the reallocated campus-based funds. 

(2) In its notification to an institution 

of the amount of its reallocated funds, 

the Secretary will identify the dollar 

amount associated with each of the 

campus-based programs for which 

reallocated funds are being provided to 

the institution. However, the Secretary 

will waive the funds transfer limitations 

of 34 CFR 674.18, 675.18, and 676.18, 

and allow the institution to transfer up 

to 100 percent of the reallocated funds 

it receives under any of the programs to 

either the FSEOG or FWS program, 

provided that the institution 

participates in the program(s) to which 

the funds are transferred. However, the 

institution cannot transfer any of the 

reallocated FSEOG or FWS funds to its 

Perkins Loan program. 

(3) Normally, under 34 CFR 673.4, an 

institution may use reallocated FWS 

funds only to pay students performing 

community service activities. However, 

an institution is not required to use any 

reallocated FWS funds it receives under 

this process for community service 

purposes. Nor is the institution required 

to use the amount of its FWS 

reallocation in calculating the seven 

percent community service requirement. 

Documenting Requests for, and Use of, 

Reallocated Campus-Based Funds 

An institution that requests 

supplemental campus-based funds 

under this reallocation process must 

maintain documentation supporting its 

request, including a list of the names of 

the affected students included in the 

institution’s request. In addition, the 

institution must maintain information 

that documents how each affected 

student qualifies under one of the three 

elements of the definition of ‘‘affected 

student’’ described in this notice. 

The Secretary also reminds 

institutions that they are responsible for 

accounting properly for any funds 

received and expended under the Title 

IV, HEA programs, including any funds 

received as a result of hurricane related 

statutory, regulatory, or administrative 

provisions. Each institution that 

receives such funds is alerted that the 

Secretary may request a separate 

accounting or report of its use of those 

funds. 

Electronic Access to This Document 

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. 

(Catalog of Federal Domestic Assistance 

numbers: 84.007 Federal Supplemental 

Educational Opportunity Grant Program; 

84.033 Federal Work-Study Program; 84.038 

Federal Perkins Loans) 

Program Authority: 20 U.S.C. 1070a, 

1070b–1070b–4, 1070c–1070c–4, 1071–

1087–2, 1087a–1087j, 1087aa–1087ii, 1094, 

and 1099c; 42 U.S.C. 2751–2756b; Pub. L. 

109–86. 

Dated: November 2, 2005. 

Sally L. Stroup, 

Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 05–22126 Filed 11–4–05; 8:45 am] 

BILLING CODE 4000–01–P