[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3579-3582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1098]


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DEPARTMENT OF EDUCATION

[CFDA NO. 84.031H]


Office of Postsecondary Education; Strengthening Institutions 
Program (SIP), American Indian Tribally Controlled Colleges and 
Universities (TCCU), Alaska Native and Native Hawaiian-Serving 
Institutions (ANNH), Asian American and Native American Pacific 
Islander-Serving Institutions (AANAPISI), Native American Serving 
Nontribal Institutions (NASNTI), Developing Hispanic-Serving 
Institutions (HSI), Promoting Postbaccalaureate Opportunities for 
Hispanic Americans (PPOHA), and Predominantly Black Institutions (PBI) 
Programs for Fiscal Year (FY) 2009

    Purpose of Programs: The SIP, TCCU, and ANNH Programs are 
authorized under Title III, Part A, of the Higher Education Act of 
1965, as amended (HEA). Under these programs, institutions of higher 
education (IHEs or institutions) are eligible to apply for grants if 
they meet specific statutory and

[[Page 3580]]

regulatory eligibility requirements. Similarly, IHEs are eligible to 
apply for grants under Title V of the HEA if they meet specific 
statutory and regulatory requirements. The HSI and PPOHA Programs are 
authorized under Title V, Parts A and B of the HEA. In addition, under 
Title III of the HEA, institutions applying for grants under the 
AANAPISI, NASNTI, and PBI Programs must be eligible institutions as 
defined in Section 312(b) of the HEA.
    An IHE that is designated as an eligible institution may also 
receive a waiver of certain non-Federal cost-share requirements under 
the Federal Supplemental Educational Opportunity Grant (FSEOG), the 
Federal Work Study (FWS), the Student Support Services (SSS), and the 
Undergraduate International Studies and Foreign Language (UISFL) 
programs. The FSEOG, FWS, and SSS programs are authorized under Title 
IV of the HEA. The UISFL Program is authorized under Title VI of the 
HEA. Qualified institutions may receive these waivers even if they are 
not recipients of grant funds under the Title III or Title V programs.

    Special Note: To qualify as an eligible institution under the 
Title III or Title V programs, your institution must satisfy several 
criteria, including one related to needy student enrollment and one 
related to average educational and general (E&G) expenditures for a 
specified base year. The most recent data available for E&G 
expenditures are for base year 2006-2007. In order to award FY 2009 
grants in a timely manner, we will use the most recent data 
available. Therefore, we use E&G expenditure threshold data from the 
base year 2006-2007. In completing your eligibility application, 
please use E&G expenditure data from the base year 2006-2007.

    If you are designated as an eligible institution and you do not 
receive a new award under the Title III or Title V programs in FY 2009, 
your eligibility for the non-Federal cost-share waiver under the FSEOG, 
the FWS, the SSS, and the UISFL Programs is valid for five consecutive 
years. You will not need to reapply for eligibility until 2014, unless 
you wish to apply for a new Title III or Title V grant. All 
institutions interested in applying for a new FY 2009 Title III or 
Title V grant or requesting a waiver of the non-Federal cost share, 
must apply for eligibility designation in FY 2009. Under the HEA, 
institutions interested in applying for a grant under the AANAPISI, 
NASNTI, PBI, or PPOHA Programs must first be designated as eligible 
institutions.
    Eligible Applicants: To qualify as an eligible institution under 
the Title III or Title V programs an accredited institution must, among 
other requirements, have an enrollment of needy students, and its 
average E&G expenditures per full-time equivalent (FTE) undergraduate 
student must be low in comparison with the average E&G expenditures per 
FTE undergraduate student of institutions that offer similar 
instruction.
    The eligibility requirements for the Title III programs are found 
in 34 CFR 607.2 through 607.5. The regulations may be accessed at the 
following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
    The eligibility requirements for the Title V HSI program are found 
in 34 CFR 606.2 through 34 CFR 606.5. The regulations may be accessed 
at the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
    Enrollment of Needy Students: Under 34 CFR 606.3(a) and 607.3(a), 
an institution is considered to have an enrollment of needy students if 
(1) at least 50 percent of its degree students received financial 
assistance under one or more of the following programs: Federal Pell 
Grant, FSEOG, FWS, or the Federal Perkins Loan Programs; or, (2) the 
percentage of its undergraduate degree 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 offered similar instruction.
    To qualify under this latter criterion, an institution's Federal 
Pell Grant percentage for base year 2006-2007 must be more than the 
median for its category of comparable institutions provided in the 
2006-2007 Median Pell Grant and Average E&G Expenditures per FTE 
Student Table in this notice.
    Educational and General Expenditures per FTE Student: An 
institution should compare its 2006-2007 average E&G expenditures per 
FTE student to the average E&G expenditure per FTE student for its 
category of comparable institutions contained in the 2006-2007 Median 
Pell Grant and Average E&G Expenditures per FTE Student Table in this 
notice. If the institution's average E&G expenditures for the 2006-2007 
base year are less than the average for its category of comparable 
institutions, the institution meets this eligibility requirement.
    An institution's average E&G expenditures are the total amount it 
expended during the base year for instruction, research, public 
service, academic support, student services, institutional support 
including library expenditures, operation and maintenance, scholarships 
and fellowships, and mandatory transfers.
    The following table identifies the relevant median Federal Pell 
Grant percentages for the base year 2006-2007 and the relevant average 
E&G expenditures per FTE student for the base year 2006-2007 for the 
four categories of comparable institutions:

------------------------------------------------------------------------
                                                             2006-2007
                                             2006-2007      Average E&G
           Type of institution              Median Pell    expenditures
                                               Grant          per FTE
                                            percentage        student
------------------------------------------------------------------------
2-year Public Institutions..............            23.8         $10,606
2-year Non-profit Private Institutions..            37.2          23,082
4-year Public Institutions..............            24.1          25,339
4-year Non-profit Private Institutions..            25.3          40,877
------------------------------------------------------------------------

    Waiver Information: IHEs that are unable to meet the needy student 
enrollment requirement or the average E&G expenditures requirement may 
apply to the Secretary for waivers of these requirements, as described 
in 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 average E&G expenditures requirement must include in 
their application detailed information supporting the waiver request, 
as described in the instructions for completing the application.
    The regulations governing the Secretary's authority to waive the 
needy student requirement, 34 CFR 606.3(b)(2) and (3) and 607.3(b)(2) 
and (3), refer to ``low-income'' students or families. The

[[Page 3581]]

regulations define ``low-income'' as an amount that does not exceed 150 
percent of the amount equal to the poverty level, as established by the 
U.S. Bureau of the Census, 34 CFR 606.3(c) and 607.3(c).
    For the purposes of this waiver provision, the following table sets 
forth the low-income levels for the various sizes of families:

                                          2006 Annual Low-Income Levels
----------------------------------------------------------------------------------------------------------------
                                                              Family income
                                                               for the 48
                                                               contiguous       Family income     Family income
                    Size of family unit                       states, D.C.,      for Alaska        for Hawaii
                                                              and outlying
                                                              jurisdictions
----------------------------------------------------------------------------------------------------------------
1.........................................................           $14,700           $18,375           $16,905
2.........................................................            19.800            24,750            22,770
3.........................................................            24,900            31,125            28,635
4.........................................................            30,000            37,500            34,500
5.........................................................            35,100            43,875            40,365
6.........................................................            40,200            50,250            46,230
7.........................................................            45,300            56,625            52,095
8.........................................................            50,400            63,000            57,960
----------------------------------------------------------------------------------------------------------------


    Note: The 2006 annual low-income levels are being used because 
those are the amounts that apply to the family income reported by 
students enrolled for the fall 2006 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $5,100 for the contiguous 48 States, the 
District of Columbia and outlying jurisdictions; $6,375 for Alaska; 
and $5,865 for Hawaii.

    The figures shown under family income represent amounts equal to 
150 percent of the family income levels established by the U.S. Bureau 
of the Census for determining poverty status. The poverty guidelines 
were published by the U.S. Department of Health and Human Services in 
the Federal Register on January 24, 2006 (71 FR 3848-3849).
    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the 
Metropolitan Statistical Areas, 1999 Publication, Order Number PB99-
501538, from the National Technical Information Service, Document 
Sales, 5285 Port Royal Road, Springfield, VA 22161, telephone number: 
1-800-553-6847. There is a charge for this publication.
    Applications Available: January 21, 2009.
    Deadline for Transmittal of Applications: February 20, 2009 for an 
applicant institution that wishes to be designated as eligible to apply 
for a FY 2009 new grant under the Title III or Title V Programs and 
April 6, 2009 for an applicant institution that wishes to apply only 
for cost-sharing waivers under the FSEOG, FWS, SSS, or UISFL Programs.
    Electronic Submission of Applications: Applications for designation 
of eligibility must be submitted electronically using the following Web 
site: http://opeweb.ed.gov/title3and5.
    To enter the Web site, you must use your institution's unique 8-
digit identifier, i.e., your Office of Postsecondary Education 
Identification Number (OPE ID Number). Your business office or student 
financial aid office should have the OPE ID Number. If they do not, 
contact the Department using the e-mail addresses of the contact 
persons listed in this notice under FOR APPLICATIONS AND FURTHER 
INFORMATION CONTACT. 
    You will find detailed instructions for completing the application 
form electronically under the ``eligibility 2009'' link at either of 
the following Web sites: http://www.ed.gov/programs/iduestitle3a/index.html or http://www.ed.gov/hsi.
    If your institution is unable to meet the needy student enrollment 
requirement or the average E&G expenditure requirement and wishes to 
request a waiver of one or both of these requirements, you must 
complete your designation application form electronically and transmit 
your waiver request narrative document from the following Web site: 
https://opeweb.ed.gov/title3and5.
    EXCEPTION TO ELECTRONIC SUBMISSION REQUIREMENT: You may qualify for 
an exception to the electronic submission requirement and may submit 
your application in paper format if you are unable to submit an 
application electronically because--
    <bullet> You do not have access to the Internet; or
    <bullet> You do not have the capacity to upload documents to the 
Web site; and
    <bullet> No later than two weeks before the application deadline 
date (14 calendar days; or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Mrs. Darlene B. Collins, 
U.S. Department of Education, 1990 K Street, NW., room 6020, 
Washington, DC 20006-8513. Fax: (202) 502-7861.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier), your application to the Department. You must mail 
the application, on or before the application deadline date, to the 
Department at the following address:
    By mail through the U.S. Postal Service or commercial carrier: Mrs. 
Darlene B. Collins, U.S. Department of Education, 1990 K Street, NW., 
Room 6020, Washington, DC 20006-8513.
    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,

[[Page 3582]]

    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (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, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.

    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.

    Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the 
application, on or before the application deadline date, to the 
Department at the following address: Mrs. Darlene B. Collins, U.S. 
Department of Education, 1990 K Street, NW., Room 6020, Washington, DC 
20006-8513.
    Hand delivered applications will be accepted daily between 8:00 
a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, 
and Federal holidays.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 
86, 97, 98, and 99. (b) The regulations for the Title III Programs in 
34 CFR part 607, and for the Title V Program in 34 CFR part 606.

    Note: There are no program-specific regulations for the 
AANAPISI, PBI, and the PPHOA Programs. Accordingly, we encourage 
each potential applicant to read the HEA, the authorizing statute 
for these programs.

    For Applications and Further Information Contact: Kelley Harris or 
Carnisia Proctor, Institutional Development and Undergraduate Education 
Service, U.S. Department of Education, 1990 K Street, NW., room 6033, 
Request for Eligibility Designation, Washington, DC 20202-8513.
    You may contact these individuals at the following e-mail addresses 
or phone numbers:

<a href="/cdn-cgi/l/email-protection#39725c55555c401771584b4b504a795c5d175e564f"><span class="__cf_email__" data-cfemail="5c17393030392572143d2e2e352f1c3938723b332a">[email protected]</span></a>, 202-219-7083
<a href="/cdn-cgi/l/email-protection#97d4f6e5f9fee4fef6b9c7e5f8f4e3f8e5d7f2f3b9f0f8e1"><span class="__cf_email__" data-cfemail="236042514d4a504a420d73514c40574c516346470d444c55">[email protected]</span></a>, 202-502-7606

    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 
accessible format (e.g., braille, large print, audio tape, or computer 
diskette) on request to the contact persons listed in this section.
    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.


    Program Authority: 20 U.S.C. 1057-1059d, 1101-1103g and 
amendments to Titles III and V of the HEA by Public Law 110-315.

    Dated: January 14, 2009.
Vickie L. Schray,
Acting Deputy Assistant Secretary for Higher Education Programs.
[FR Doc. E9-1098 Filed 1-16-09; 8:45 am]
BILLING CODE 4000-01-P


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