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									                          Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations                                               13371

      Shipyard Employment (29 CFR part                        List of Subjects in 29 CFR Part 1915                        DEPARTMENT OF EDUCATION
      1915, subpart P) information collection
      request to OMB for approval in                            Reporting and recordkeeping                               34 CFR Parts 606, 607, 611, 637, 648,
      accordance with the Paperwork                           requirements.                                               656, 657, 658, 660, 661, 662, 663, 664,
      Reduction Act of 1995 (44 U.S.C. 3501–                  Authority and Signature                                     and 669
      3520). On November 30, 2004, OMB
      approved the collections of information                   Jonathan L. Snare, Acting Assistant                       Higher Education Programs
      and assigned OMB Control Number                         Secretary of Labor for Occupational                         AGENCY:  Office of Postsecondary
      1218–0248. The approval for the                         Safety and Health, directed the                             Education, Department of Education.
      collection expires on November 30,                      preparation of this document. The                           ACTION: Final regulations.
      2007. The approved collections of                       authority for this document is the
      information are:                                        Paperwork Reduction Act of 1995 (44                         SUMMARY: These final regulations
                                                              U.S.C. 3506), Secretary of Labor’s Order                    remove all references to points in the
      1915.501—General Provisions
                                                              No. 5–2002 (67 FR 65008).                                   selection criteria the Department of
        Paragraph (d)(1) Multi-employer                                                                                   Education (Department) uses to evaluate
      worksites, Host employer                                  Signed in Washington, DC on March 15,                     applications submitted under the higher
      responsibilities.                                       2005.                                                       education discretionary grant programs.
        Paragraph (d)(2) Multi-employer                       Jonathan L. Snare,                                          We are taking this action because the
      worksites, Contract employer                            Acting Assistant Secretary of Labor.                        current point assignments are outdated
      responsibilities.                                                                                                   and do not permit sufficient flexibility
                                                              I Accordingly, the Occupational Safety                      to establish important program
      1915.502—Fire Safety Plan                               and Health Administration amends 29                         objectives. Taking this action allows us
        Paragraph (a) Employer                                CFR part 1915, as set forth below.                          that flexibility and ensures that grant
      responsibilities (to create a fire safety                                                                           awards are made to high quality
      plan).                                                  PART 1915—[AMENDED]                                         applicants.
        Paragraph (b) Plan elements.                                                                                         The final regulations also remove the
        Paragraph (c) Reviewing the plan with                 I 1. The authority citation for part 1915                   requirement that in competitions for
      employees.                                              continues to read in part as follows:                       grants under the Partnership and
        Paragraph (d) Additional employer                       Authority: § 41, Longshore and Harbor                     Teacher-Recruitment components of the
      requirements.                                           Workers’ Compensation Act (33 U.S.C. 941);                  Teacher Quality Enhancement Grants
      1915.504—Fire Watches                                   Secs. 4, 6, 8, Occupational Safety and Health               Program, the Secretary hold a two-stage
                                                              Act of 1970 (29 U.S.C. 653, 655, 657);                      competition in which applicants must
        Paragraph (a) Written fire watch                      Secretary of Labor’s Order No. 12–71 (36 FR                 submit a pre-application and a full
      policy.                                                 8754), 8–76 (41 FR 25059), 9–83 (48 FR                      application. The current structure did
      1915.505—Fire Response                                  35736), 1–90 (55 FR 9033), 6–96 (62 FR 111),                not prove effective in producing high
                                                              3–2000 (65 FR 50017), or 5–2002 (67 FR                      quality applications for this program.
         Paragraph (a) Employer                               65008) as applicable.                                       Removing the requirement for a pre-
      responsibilities (written fire response                                                                             application reduces burden on
      policy).                                                *       *        *       *        *
                                                                                                                          applicants and the Department and
         Paragraph (b) Required written policy                I 2. In § 1915.8, the table is amended by                   allows both to target their resources on
      information.                                            adding the entries for the following                        the full application stage.
         Paragraph (d) Organization of internal               sections, in numerical order, to read as                       There are some amendments in these
      fire response functions.                                follows:                                                    final regulations that are purely
      1915.506—Hazards of Fixed                                                                                           technical corrections to the regulations.
                                                              § 1915.8 OMB Control numbers under the
      Extinguishing Systems on Board Vessels                                                                              DATES: These regulations are effective
                                                              Paperwork Reduction Act
      and Vessel Sections                                                                                                 April 20, 2005.
                                                              *       *        *       *        *                         FOR FURTHER INFORMATION CONTACT:
        Paragraph (b) Requirements for
                                                              1915.501(d) ..............................     1218–0248    Lorraine Kennedy, U.S. Department of
      automatic and manual systems.                           1915.502(a) ...............................    1218–0248    Education, 1990 K Street, NW., room
      1915.507—Land-Side Fire Protection                      1915.502(b) ..............................     1218–0248    8018, Washington, DC 20006–8544.
      Systems                                                 1915.502(c) ...............................    1218–0248    Telephone: (202) 502–7762. Pamela
                                                              1915.502(d) ..............................     1218–0248    Maimer, U.S. Department of Education,
        Paragraph (c) General requirements
                                                              1915.504(a) ...............................    1218–0248    1990 K Street, NW., room 8014,
      for fixed extinguishing systems.                        1915.505(a) ...............................    1218–0248    Washington, DC 20006–8544.
      1915.508—Training                                       1915.505(b) ..............................     1218–0248    Telephone: (202) 502–7704.
                                                              1915.505(d) ..............................     1218–0248       If you use a telecommunications
         Paragraph (a) Training Frequency.
                                                              1915.506(b) ..............................     1218–0248    device for the deaf (TDD), you may call
         Paragraph (b) Training for all
                                                              1915.507(c) ...............................    1218–0248    the Federal Relay Service (FRS) at 1–
      employees.                                              1915.508(a) ...............................    1218–0248
         Paragraph (c) Additional training                                                                                800–877–8339.
                                                              1915.508(b) ..............................     1218–0248       Individuals with disabilities may
      requirements for employees expected to                  1915.508(c) ...............................    1218–0248
      fight incipient stage fires.                                                                                        obtain this document in an alternative
                                                              1915.508(d) ..............................     1218–0248    format (e.g., Braille, large print,
         Paragraph (d) Additional training                    1915.508(e) ...............................    1218–0248
      requirements for employees designated                                                                               audiotape, or computer diskette) on
                                                              1915.508(f) ...............................    1218–0248    request to either contact person listed
      to perform fire response activities.
         Paragraph (e) Additional training                    *       *        *       *        *                         under FOR FURTHER INFORMATION
      requirements for employees assigned to                  [FR Doc. 05–5500 Filed 3–18–05; 8:45 am]                    CONTACT.
      fire watch duty.                                        BILLING CODE 4510–26–M                                      SUPPLEMENTARY INFORMATION: On
         Paragraph (f) Records.                                                                                           December 22, 2004, the Secretary


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      13372               Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations

      published a notice of proposed                             Change: None.                                      economic impact on a substantial
      rulemaking (NPRM) for 34 CFR parts                         Comment: Several commenters wrote                  number of small entities. Small entities
      606, 607, 611, 637, 648, 656, 657, 658,                 that eliminating points from the criteria             affected by these regulations are small
      660, 661, 662, 663, 664, and 669 in the                 will result in a reduced focus on                     institutions of higher education. The
      Federal Register (69 FR 76636). In the                  institutions that serve disadvantaged                 changes will not have a significant
      preamble of the NPRM, the Secretary                     students or programs that serve a                     economic impact on the institutions
      discussed on pages 76636 and 76637 the                  particular group.                                     affected.
      major changes proposed to the current                      Discussion: The Secretary
                                                                                                                    Paperwork Reduction Act of 1995
      regulations. These are as follows:                      understands the concerns of the
        • The Secretary proposed removing                     commenters. We do not believe that the                  The Paperwork Reduction Act of 1995
      the mandatory point values from the                     proposed change will lead to reduced                  does not require you to respond to a
      selection criteria in the regulations                   focus on institutions that serve                      collection of information unless it
      associated with the application process                 disadvantaged students or particular                  displays a valid OMB control number.
      for discretionary grant programs. These                 groups of students. Removing point                    We display the valid OMB control
      amendments provide the Secretary with                   values from the regulations does not                  numbers assigned to collections of
      the flexibility to select specific point                change the selection criteria or                      information in these final regulations at
      values from year to year to address                     otherwise change the focus of the                     the end of the affected sections of the
      current priorities for the programs.                    programs.                                             regulations.
        • The Secretary also proposed                            Change: None.
      amending 34 CFR part 611, which                            Comment: Several commenters stated                 Assessment of Educational Impact
      governs the Teacher Quality                             that the elimination of points would                    In the NPRM we requested comments
      Enhancement Grants (TQE) program.                       result in a preference for four-year                  on whether the proposed regulations
      This amendment makes discretionary                      institutions over two-year institutions.              would require transmission of
      the existing requirement that in                           Discussion: We have no reason to                   information that any other agency or
      competitions for grants under the                       believe that the removal of points from               authority of the United States gathers or
      program’s Partnership and Teacher-                      the regulations will result in a                      makes available.
      Recruitment components, the Secretary                   preference for four-year institutions over              Based on the response to the NPRM
      conduct a two-stage process for                         two-year institutions in grant awards.                and on our review, we have determined
      selecting applicants involving the                      The selection criteria will remain the                that these final regulations do not
      submission and review of pre-                           same, so the removal of points will not               require transmission of information that
      applications and full applications.                     effect the selection of applicants.                   any other agency or authority of the
        There were no differences between                        Change: None.                                      United States gathers or makes
      the NPRM and these final regulations.
                                                              Executive Order 12866                                 available.
      Analysis of Comments
                                                              1. Potential Costs and Benefits                       Electronic Access to This Document
        In response to the Secretary’s
      invitation in the NPRM, the Department                     We have reviewed these final                          You may view this document, as well
      did not receive any comments on the                     regulations in accordance with                        as all other Department of Education
      changes to the TQE program. Several                     Executive Order 12866. Under the terms                documents published in the Federal
      parties submitted comments on the                       of the order we have assessed the                     Register, in text or Adobe Portable
      proposed regulations regarding removal                  potential costs and benefits of this                  Document Format (PDF) on the Internet
      of mandatory point values. An analysis                  regulatory action.                                    at the following site: http://www.ed.gov/
      of the comments follows.                                   The potential costs associated with                news/fedregister.
        Generally, we do not address                          the final regulations are those resulting                To use PDF you must have Adobe
      technical and other minor changes—and                   from statutory requirements and those                 Acrobat Reader, which is available free
      suggested changes the law does not                      we have determined to be necessary for                at this site. If you have questions about
      authorize the Secretary to make.                        administering these programs effectively              using PDF, call the U.S. Government
                                                              and efficiently.                                      Printing Office (GPO), toll free, at 1–
      Analysis of Comments and Changes                           In assessing the potential costs and               888–293–6498; or in the Washington,
        Comments: Several commenters                          benefits—both quantitative and                        DC, area at (202) 512–1530.
      believed that the elimination of points                 qualitative—of these final regulations,                  Note: The official version of this document
      will result in some institutions being                  we have determined that the benefits                  is the document published in the Federal
      denied the opportunity to compete for                   regulations justify the costs.                        Register. Free Internet access to the official
      grants because they will not have                          We have also determined that this                  edition of the Federal Register and the Code
      enough time to prepare because of the                   regulatory action would not unduly                    of Federal Regulations is available on GPO
      change.                                                 interfere with State, local, and tribal               Access at: http://www.gpoaccess.gov/nara/
        Discussion: The Secretary does not                    governments in the exercise of their                  index.html.
      agree that eliminating specific point                   governmental functions.
      values from the regulations will reduce                                                                       List of Subjects
      the opportunity for potential grantees to               2. Summary of Potential Costs and
                                                              Benefits                                              34 CFR Parts 606 and 607
      compete for grants. The regulations
      continue to specify the criteria used in                   We discussed the potential costs and                 Colleges and universities, Grant
      making the grants in each program.                      benefits of these final regulations in the            programs—education, Reporting and
      Moreover, the points to be awarded for                  preamble to the NPRM in the section                   recordkeeping requirements.
      each criteria will be specified in a                    titled SUPPLEMENTARY INFORMATION.                     34 CFR Part 611
      Federal Register notice or in the
      application package, which will be                      Regulatory Flexibility Act Certification                Colleges and universities, Elementary
      available in enough time for potential                    The Secretary certifies that these final            and secondary education, Grant
      applicants to prepare their applications.               regulations will not have a significant               programs—education.


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                          Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations                                          13373

      34 CFR Part 637                                           Dated: March 16, 2005.                              I B. Revising the introductory text of
        Colleges and universities, Educational                Sally L. Stroup,                                      paragraphs (a) and (b) to read as follows:
      study programs, Equal educational                       Assistant Secretary for Postsecondary
                                                              Education.                                            § 606.23 What special funding
      opportunity, Grant programs—                                                                                  consideration does the Secretary provide?
      education, Reporting and recordkeeping                  I For the reasons discussed in the
                                                                                                                      (a) If funds are available to fund only
      requirements, Science and technology,                   preamble, the Secretary amends parts
                                                                                                                    one additional planning grant and each
      Women.                                                  606, 607, 611, 637, 648, 656, 657, 658,
                                                                                                                    of the next fundable applications has
                                                              660, 661, 662, 663, 664, and 669 of title
      34 CFR Part 648                                                                                               received the same number of points
                                                              34 of the Code of Federal Regulations as
                                                                                                                    under § 606.20 or 606.21, the Secretary
        Colleges and universities, Grant                      follows:
                                                                                                                    awards additional points, as provided in
      programs—education, Reporting and
                                                              PART 606—DEVELOPING HISPANIC-                         the application package or in a notice
      recordkeeping requirements,
                                                              SERVING INSTITUTIONS PROGRAM                          published in the Federal Register, to
      Scholarships and fellowships.
                                                                                                                    any of those applicants that—
      34 CFR Part 656                                         I 1. The authority citation for part 606              *     *     *     *     *
                                                              continues to read as follows:                           (b) If funds are available to fund only
        Colleges and universities, Cultural
      exchange programs, Educational study                      Authority: 20 U.S.C. 1101 et seq., unless           one additional development grant and
                                                              otherwise noted.                                      each of the next fundable applications
      programs, Grant programs—education,
      Reporting and recordkeeping                             I 2. Section 606.20 is amended by—                    has received the same number of points
      requirements.                                           I A. Revising paragraph (b);                          under § 606.20 or 606.22, the Secretary
                                                              I B. In paragraph (c)(1), removing the                awards additional points, as provided in
      34 CFR Part 657                                         words ‘‘scores at least 50 points’’ and               the application package or in a notice
         Colleges and universities, Cultural                  adding, in their place, the words ‘‘meets             published in the Federal Register, to
      exchange programs, Educational study                    the requirements’’; and                               any of those applicants that—
      programs, Grant programs—education,                     I C. Removing paragraph (c)(2)(i) and
                                                                                                                    *     *     *     *     *
      Reporting and recordkeeping                             redesignating paragraphs (c)(2)(ii) and
      requirements, Scholarships and                          (c)(2)(iii) as paragraphs (c)(2)(i) and               PART 607—STRENGTHENING
      fellowships.                                            (c)(2)(ii), respectively.                             INSTITUTIONS PROGRAM
                                                                 The revision reads as follows:
      34 CFR Part 658                                                                                               I 6. The authority citation for part 607
                                                              § 606.20 How does the Secretary choose                continues to read as follows:
        Colleges and universities, Cultural                   applications for funding?
      exchange programs, Educational study                                                                            Authority: 20 U.S.C. 1507–1509c, 1066–
                                                              *     *     *     *      *                            1069f, unless otherwise noted.
      programs, Grant programs—education.                       (b) The Secretary informs applicants
      34 CFR Part 660                                         of the maximum possible score for each                I  7. Section 607.20 is amended by—
                                                              criterion in the application package or               I  A. Removing paragraph (c) and
        Colleges and universities, Cultural                                                                         redesignating paragraphs (b)(1) and (2) as
                                                              in a notice published in the Federal
      exchange programs, Educational                                                                                paragraphs (c)(1) and (2), respectively;
                                                              Register.
      Research, Educational study programs,                                                                         I B. In redesignated paragraph (c)(2),
      Grant programs—education.                               *     *     *     *      *
                                                              I 3. Section 606.21 is amended by—                    removing the reference to ‘‘(b)(1)’’ and
      34 CFR Part 661                                         I A. Removing all of the parentheticals               adding, in its place, the reference
        Business and industry, Colleges and                   that end in ‘‘points)’’; and                          ‘‘(c)(1)’’;
                                                              I B. Revising the introductory text to                I C. Adding a new paragraph (b); and
      universities, Educational study
      programs, Grant programs—education,                     read as follows:                                      I D. Revising paragraph (d).

      Student aid.                                                                                                     The addition and revision read as
                                                              § 606.21 What are the selection criteria for
                                                                                                                    follows:
                                                              planning grants?
      34 CFR Part 662
                                                                 The Secretary evaluates an                         § 607.20 How does the Secretary choose
        Colleges and universities, Educational                application for a planning grant on the               applications for funding?
      Research, Educational study programs,                   basis of the criteria in this section.                *     *     *     *     *
      Grant programs—education,                                                                                       (b) The Secretary informs applicants
                                                              *     *      *     *     *
      Scholarships and fellowships.                           I 4. Section 606.22 is amended by—                    of the maximum possible score for each
      34 CFR Part 663                                         I A. Revising the introductory text;                  criterion in the application package or
                                                              I B. Removing all of the parentheticals               in a notice published in the Federal
        Colleges and universities, Educational                that end in ‘‘points)’’;
      Research, Educational study programs,                                                                         Register.
                                                              I C. In paragraphs (a)(1) and (a)(2),
      Grant programs—education,                                                                                     *     *     *     *     *
                                                              removing the punctuation ‘‘.’’; and
      Scholarships and fellowships, Teachers.                                                                         (d) The Secretary considers funding
                                                              I D. In paragraph (a)(3), adding the word
                                                                                                                    an application for a development grant
      34 CFR Part 664                                         ‘‘and’’ after the punctuation ‘‘;’’.
                                                                 The revision reads as follows:                     that—
        Colleges and universities, Educational                                                                        (1) Is submitted with a comprehensive
      Research, Educational study programs,                   § 606.22 What are the selection criteria for          development plan that satisfies all the
      Grant programs—education, Teachers.                     development grants?                                   elements required of such a plan under
                                                                The Secretary evaluates an                          § 607.8; and
      34 CFR Part 669                                         application for a development grant on                  (2) In the case of an application for a
        Colleges and universities, Educational                the basis of the criteria in this section.            cooperative arrangement grant,
      Research, Educational study programs,                   *     *     *     *      *                            demonstrates that the grant will enable
      Grant programs—education, Reporting                     I 5. Section 606.23 is amended by—                    each eligible participant to meet the
      and recordkeeping requirements,                         I A. Removing all of the parentheticals               goals and objectives of its
      Teachers.                                               that end in ‘‘point)’’; and                           comprehensive development plan better


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      13374               Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations

      and at a lower cost than if each eligible               § 611.2    [Amended]                                  PART 637—MINORITY SCIENCE AND
      participant were funded individually.                   I  12. Section 611.2 is amended by, in                ENGINEERING IMPROVEMENT
      *     *     *    *       *                              paragraph (a), removing the words                     PROGRAM
      I 8. Section 607.21 is amended by—                      ‘‘paragraphs (a)(1), (a)(2)(iii), or (a)(3)(iii)      I 14. The authority citation for part 637
      I A. Removing all of the parentheticals                 of § 611.3’’ and adding, in their place, the          continues to read as follows:
      that end in ‘‘points)’’; and                            words ‘‘paragraphs (a)(1), (a)(2)(i)(B),
                                                              (a)(2)(ii), (a)(3)(i)(B), or (a)(3)(ii) of              Authority: 20 U.S.C. 1067–1067c, 1067g–
      I B. Revising the introductory text to
                                                              § 611.3’’.                                            1067k, 1068, 1068b, unless otherwise noted.
      read as follows:
                                                              I 13. Section 611.3 is amended by—                    I 15. Section 637.31 is amended by—
      § 607.21 What are the selection criteria for                                                                  I A. Revising paragraph (b); and
                                                              I A. Revising paragraphs (a)(2) and
      planning grants?                                                                                              I B. Removing paragraph (c) and
                                                              (a)(3); and
         The Secretary evaluates an                                                                                 redesignating paragraphs (d)(1), (2), and
                                                              I B. In paragraph (b), removing the
      application for a planning grant on the                                                                       (3) as paragraphs (c)(1), (2), and (3),
                                                              words ‘‘paragraphs (b)(2)(ii) and
      basis of the criteria in this section.                                                                        respectively.
                                                              (b)(3)(ii)’’ and adding, in their place, the            The revision reads as follows:
      *     *      *     *     *                              words ‘‘paragraphs (a)(2)(i)(A) and
      I 9. Section 607.22 is amended by—                      (a)(3)(i)(A)’’.                                       § 637.31 How does the Secretary evaluate
      I A. Revising the introductory text;                       The revisions read as follows:                     an application?
      I B. Removing all of the parentheticals                                                                       *      *    *     *      *
      that end in ‘‘points)’’;                                § 611.3 What procedures does the                         (b) The Secretary informs applicants
                                                              Secretary use to award a grant?
      I C. In paragraphs (a)(1) and (a)(2),                                                                         of the maximum possible score for each
      removing the punctuation ‘‘.’’; and                     *       *     *     *     *                           criterion in the application package or
      I D. In paragraph (a)(3), adding the word                  (a) * * *                                          in a notice published in the Federal
      ‘‘and’’ after the punctuation ‘‘;’’.                       (2) For the Partnership Grants                     Register.
         The revision reads as follows:                       Program, the Secretary may use a two-                 *      *    *     *      *
                                                              stage application process to determine                I 16. Section 637.32 is amended by—
      § 607.22 What are the selection criteria for            which applications to fund.                           I A. Revising the introductory text;
      development grants?                                                                                           I B. Removing all of the parentheticals
                                                                 (i) If the Secretary uses a two-stage
        The Secretary evaluates an                            application process, the Secretary                    that end in ‘‘points)’’;
      application for a development grant on                  uses—                                                 I C. In paragraph (a)(2)(v), removing the
      the basis of the criteria in this section.                 (A) The selection criteria in §§ 611.21            parenthetical ‘‘(See EDGAR 34 CFR
      *     *     *     *      *                              through 611.22 to evaluate pre-                       75.581)’’ and adding, in its place, the
      I 10. Section 607.23 is amended by—                     applications submitted for new grants,                parenthetical ‘‘(See 34 CFR 75.580)’’.
                                                              and to determine those applicants to                  I D. In paragraph (b)(2)(iv), removing the
      I A. Removing all of the parentheticals
      that end in ‘‘point)’’; and                             invite to submit full program                         word ‘‘groups’’ the second time it
                                                              applications; and                                     appears and adding, in its place, the
      I B. Revising the introductory text of
                                                                 (B) For those applicants invited to                word ‘‘group’’;
      paragraphs (a) and (b) to read as follows:
                                                                                                                    I E. In paragraph (d)(1), removing the
                                                              submit full applications, the selection
      § 607.23 What special funding                                                                                 parenthetical ‘‘(See EDGAR 34 CFR
                                                              criteria and competitive preference in
      consideration does the Secretary provide?                                                                     75.590—Evaluation by the grantee;
                                                              §§ 611.23 through 611.25 to evaluate the
        (a) If funds are available to fund only                                                                     where applicable)’’ and adding, in its
                                                              full program applications.
      one additional planning grant and each                                                                        place, the parenthetical ‘‘(See 34 CFR
                                                                 (ii) If the Secretary does not use a two-          75.590)’’;
      of the next fundable applications has                   stage application process, the Secretary
      received the same number of points                                                                            I F. Removing the authority citation that
                                                              uses the selection criteria and                       appears immediately before paragraph
      under § 607.20 or 607.21, the Secretary                 competitive preference in §§ 611.23
      awards additional points, as provided in                                                                      (f); and
                                                              through 611.25 to evaluate applications.              I G. Revising paragraph (f)(2)(iii).
      the application package or in a notice                     (3) For the Teacher Recruitment
      published in the Federal Register, to                                                                            The revisions read as follows:
                                                              Grants Program, the Secretary may use
      any of those applicants that—                           a two-stage application process to                    § 637.32 What selection criteria does the
      *     *     *     *     *                               determine which applications to fund.                 Secretary use?
        (b) If funds are available to fund only                  (i) If the Secretary uses a two-stage                The Secretary evaluates applications
      one additional development grant and                    application process, the Secretary                    on the basis of the criteria in this
      each of the next fundable applications                  uses—                                                 section.
      has received the same number of points                     (A) The selection criteria in § 611.31             *      *    *     *     *
      under § 607.20 or 607.22, the Secretary                 to evaluate pre-applications submitted                  (f) * * *
      awards additional points, as provided in                for new grants, and to determine those                  (2) * * *
      the application package or in a notice                  applicants to invite to submit full                     (iii) Involvement of appropriate
      published in the Federal Register, to                   program applications; and                             individuals, especially science faculty,
      any of those applicants that—                                                                                 in identifying the institutional needs.
                                                                 (B) For those applicants invited to
      *     *     *     *     *                               submit full applications, the selection               *      *    *     *     *
      PART 611—TEACHER QUALITY                                criteria in § 611.32 to evaluate the full
                                                              program applications.                                 PART 648—GRADUATE ASSISTANCE
      ENHANCEMENT GRANTS PROGRAM                                                                                    IN AREAS OF NATIONAL NEED
                                                                 (ii) If the Secretary does not use a two-
      I 11. The authority citation for part 611               stage application process, the Secretary              I 17. The authority citation for part 648
      continues to read as follows:                           uses the selection criteria in § 611.32 to            continues to read as follows:
        Authority: 20 U.S.C. 1021 et seq. and                 evaluate applications.                                  Authority: 20 U.S.C. 1135–1135ee, unless
      1024(e), unless otherwise noted.                        *       *     *     *     *                           otherwise noted.



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                          Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations                                             13375

      I   18. Section 648.30 is amended by—                   § 656.22 What selection criteria does the             application package or in a notice
      I   A. Revising paragraph (b); and                      Secretary use to evaluate an application for          published in the Federal Register.
      I   B. Removing paragraph (c).                          an undergraduate Center?
                                                                                                                      (b) The Secretary evaluates an
          The revision reads as follows:                        The Secretary evaluates an                          application from an agency or
                                                              application for an undergraduate Center               organization or professional or scholarly
      § 648.30 How does the Secretary evaluate                on the basis of the criteria in this                  association on the basis of the criteria in
      an application?                                         section.                                              §§ 658.31 and 658.33. The Secretary
      *     *     *     *      *                              *     *    *      *     *                             informs applicants of the maximum
        (b) The Secretary informs applicants                                                                        possible score for each criterion in the
      of the maximum possible score for each                  PART 657—FOREIGN LANGUAGE AND                         application package or in a notice
      criterion in the application package or                 AREA STUDIES FELLOWSHIPS                              published in the Federal Register.
      in a notice published in the Federal                    PROGRAM
                                                                                                                    (Authority: 20 U.S.C. 1124)
      Register.
                                                              I 24. The authority citation for part 657
      *     *     *     *      *                                                                                    I 29. Section 658.31 is amended by—
                                                              continues to read as follows:
      I 19. Section 648.31 is amended by—                                                                           I A. Removing the parentheticals ‘‘(10)’’
      I A. Removing all of the parentheticals
                                                                Authority: 20 U.S.C. 1122, unless                   and ‘‘(5)’’ each time they appear; and
                                                              otherwise noted.
      that end in ‘‘points)’’; and                                                                                  I B. Revising the introductory text to
      I B. Revising the introductory text to                  I  25. Section 657.20 is amended by—                  read as follows:
      read as follows:                                        I  A. In paragraph (a), adding the word
                                                              ‘‘institutional’’ before the word                     § 658.31 What selection criteria does the
      § 648.31 What selection criteria does the               ‘‘application’’; and                                  Secretary use?
      Secretary use?                                          I B. Revising paragraph (b) to read as                  The Secretary evaluates an
        The Secretary evaluates an                            follows:                                              application for a project under this
      application on the basis of the criteria                                                                      program on the basis of the criteria in
      in this section.                                        § 657.20 How does the Secretary evaluate
                                                              an institutional application for an allocation
                                                                                                                    this section.
      *     *     *    *    *                                 of fellowships?                                       *     *      *    *     *
                                                              *     *     *     *      *                            I 30. Section 658.32 is amended by—
      PART 656—NATIONAL RESOURCE
                                                                (b) The Secretary informs applicants                I A. Removing the parentheticals ‘‘(15)’’
      CENTERS PROGRAM FOR FOREIGN
      LANGUAGE AND AREA STUDIES OR                            of the maximum possible score for each                and ‘‘(10)’’ each time they appear; and
      FOREIGN LANGUAGE AND                                    criterion in the application package or               I B. Revising the introductory text to
      INTERNATIONAL STUDIES                                   in a notice published in the Federal                  read as follows:
                                                              Register.
      I 20. The authority citation for part 656                                                                     § 658.32 What additional criteria does the
                                                              *     *     *     *      *                            Secretary apply to institutional
      continues to read as follows:                           I 26. Section 657.21 is amended by—                   applications?
        Authority: 20 U.S.C. 1122, unless                     I A. Removing all of the parentheticals
      otherwise noted.                                        that end in ‘‘points)’’; and                            In addition to the criteria referred to
                                                              I B. Adding introductory text to read as              in § 658.31, the Secretary evaluates an
      I 21. Section 656.20 is amended by                                                                            application submitted by an institution
                                                              follows:
      revising paragraph (b) to read as follows:                                                                    of higher education or a combination of
      § 656.20 How does the Secretary evaluate
                                                              § 657.21 What criteria does the Secretary             such institutions on the basis of the
                                                              use in selecting institutions for an                  criteria in this section.
      an application?
                                                              allocation of fellowships?
      *     *     *     *      *                                                                                    *     *      *     *     *
                                                                 The Secretary evaluates an                         I 31. Section 658.33 is amended by—
        (b) The Secretary informs applicants                  institutional application for an
      of the maximum possible score for each                                                                        I A. In paragraph (a), removing the
                                                              allocation of fellowships on the basis of
      criterion in the application package or                 the criteria in this section.                         parenthetical ‘‘(30)’’; and
      in a notice published in the Federal                                                                          I B. Revising the introductory text to
      Register.                                               *     *     *      *     *
                                                                                                                    read as follows:
      *     *     *     *      *                              PART 658—UNDERGRADUATE                                § 658.33 What additional criterion does the
      I 22. Section 656.21 is amended by—                     INTERNATIONAL STUDIES AND                             Secretary apply to applications from
      I A. Removing all of the parentheticals                 FOREIGN LANGUAGE PROGRAM                              organizations and associations?
      that end in ‘‘points)’’; and
                                                              I 27. The authority citation for part 658               In addition to the criteria referred to
      I B. Revising the introductory text to
                                                              continues to read as follows:                         in § 658.31, the Secretary evaluates an
      read as follows:
                                                                                                                    application submitted by an
                                                                Authority: 20 U.S.C. 1124, unless
      § 656.21 What selection criteria does the               otherwise noted.                                      organization or association on the basis
      Secretary use to evaluate an application for                                                                  of the criterion in this section.
      a comprehensive Center?                                 I 28. Section 658.30 is revised to read as            *     *     *     *     *
        The Secretary evaluates an                            follows:
      application for a comprehensive Center                  § 658.30 How does the Secretary evaluate              PART 660—THE INTERNATIONAL
      on the basis of the criteria in this                    an application?                                       RESEARCH AND STUDIES PROGRAM
      section.                                                  (a) The Secretary evaluates an                      I 32. The authority citation for part 660
      *     *     *     *      *                              application from an institution of higher             continues to read as follows:
      I 23. Section 656.22 is amended by—                     education or a combination of such
                                                                                                                      Authority: 20 U.S.C. 1125, unless
      I A. Removing all of the parentheticals                 institutions on the basis of the criteria
                                                                                                                    otherwise noted.
      that end in ‘‘points)’’; and                            in §§ 658.31 and 658.32. The Secretary
      I B. Revising the introductory text to                  informs applicants of the maximum                     I 33. Section 660.30 is revised to read as
      read as follows:                                        possible score for each criterion in the              follows:


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      13376               Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations

      § 660.30 How does the Secretary evaluate                PART 661—BUSINESS AND                                 in a notice published in the Federal
      an application?                                         INTERNATIONAL EDUCATION                               Register.
        (a) The Secretary evaluates an                        PROGRAM                                               *     *     *    *    *
      application for a research project, a
      study, or a survey on the basis of the                  I 37. The authority citation for part 661             PART 663—FULBRIGHT-HAYS
      criteria in §§ 660.31 and 660.32. The                   continues to read as follows:                         FACULTY RESEARCH ABROAD
      Secretary informs applicants of the                       Authority: 20 U.S.C. 1130–1130b, unless             FELLOWSHIP PROGRAM
      maximum possible score for each                         otherwise noted.
      criterion in the application package or                                                                       I 42. The authority citation for part 663
                                                              I 38. Section 661.30 is revised to read as
      in a notice published in the Federal                                                                          continues to read as follows:
                                                              follows:
      Register.                                                                                                       Authority: Sec. 102(b)(6) of the Mutual
        (b) The Secretary evaluates an                        § 661.30 How does the Secretary evaluate              Educational and Cultural Exchange Act of
      application for the development of                      an application?                                       1961 (Fulbright-Hays Act), 22 U.S.C.
      specialized instructional materials on                    The Secretary evaluates an                          2452(b)(6), unless otherwise noted.
      the basis of the criteria in §§ 660.31 and              application for a grant under this                    I 43. Section 663.21 is amended by—
      660.33. The Secretary informs                           program on the basis of the criteria in
                                                                                                                    I A. Removing all of the parentheticals
      applicants of the maximum possible                      § 661.31. The Secretary informs
                                                                                                                    that end in ‘‘points)’’ and removing the
      score for each criterion in the                         applicants of the maximum possible
                                                                                                                    parentheticals ‘‘(10)’’, ‘‘(15)’’, and ‘‘(5)’’
      application package or in a notice                      score for each criterion in the
                                                                                                                    wherever they appear; and
      published in the Federal Register.                      application package or in a notice
                                                                                                                    I B. Revising paragraph (a) to read as
      (Authority: 20 U.S.C. 1125)                             published in the Federal Register.
                                                                                                                    follows:
      I 34. Section 660.31 is amended by—                     (Authority: 20 U.S.C. 1130a)
                                                                                                                    § 663.21 What criteria does the Secretary
      I A. Removing all of the parentheticals                 I  39. Section 661.31 is amended by—                  use to evaluate an application for a
      that end in ‘‘points)’’; and                            I  A. Removing all of the parentheticals              fellowship?
      I B. Revising the introductory text to                  that end in ‘‘points)’’;
      read as follows:                                        I B. In paragraph (e), adding the                       (a) General. The Secretary evaluates
                                                              punctuation ‘‘.’’ after the word                      an application for a fellowship on the
      § 660.31 What selection criteria does the               ‘‘resources’’; and                                    basis of the criteria in this section. The
      Secretary use for all applications for a                                                                      Secretary informs applicants of the
                                                              I C. Revising the introductory text to
      grant?                                                                                                        maximum possible score for each
                                                              read as follows:
        The Secretary evaluates an                                                                                  criterion in the application package or
      application for a project under this                    § 661.31 What selection criteria does the             in a notice published in the Federal
      program on the basis of the criteria in                 Secretary use?                                        Register.
      this section. The Secretary informs                       The Secretary evaluates an                          *     *     *     *      *
      applicants of the maximum possible                      application for a grant under this
      score for each criterion in the                         program on the basis of the criteria in               PART 664—FULBRIGHT-HAYS GROUP
      application package or in a notice                      this section.                                         PROJECTS ABROAD FELLOWSHIP
      published in the Federal Register.                      *     *     *    *     *                              PROGRAM
      *     *     *    *       *
      I 35. Section 660.32 is amended by—                     PART 662—FULBRIGHT-HAYS                               I 44. The authority citation for part 664
      I A. Removing all of the parentheticals                 DOCTORAL DISSERTATION                                 continues to read as follows:
      that end in ‘‘points)’’; and                            RESEARCH ABROAD FELLOWSHIP                              Authority: 22 U.S.C. 2452(b)(6), unless
      I B. Revising the introductory text to                  PROGRAM                                               otherwise noted.
      read as follows:
                                                              I 40. The authority citation for part 662             I 45. Section 664.30 is amended by—
      § 660.32 What additional selection criteria             continues to read as follows:                         I A. Revising paragraph (a);
      does the Secretary use for an application                 Authority: Section 102(b)(6) of the Mutual          I B. Removing paragraph (b); and
      for a research project, a survey, or a study?           Educational and Cultural Exchange Act of              I C. Redesignating paragraphs (c) and (d)
        In addition to the criteria referred to               1961 (Fulbright-Hays Act), 22 U.S.C.                  as paragraphs (b) and (c), respectively.
      in § 660.31, the Secretary evaluates an                 2452(b)(6), unless otherwise noted.
                                                                                                                      The revision reads as follows:
      application for a research project, study,              I 41. Section 662.21 is amended by—
      or survey on the basis of the criteria in               I A. Removing all of the parentheticals               § 664.30 How does the Secretary evaluate
      this section.                                           that end in ‘‘points)’’ and removing the              an application?
      *     *     *     *      *                              parentheticals ‘‘(10)’’, ‘‘(15)’’, and ‘‘(5)’’          (a) The Secretary evaluates an
      I 36. Section 660.33 is amended by—                     wherever they appear;                                 application for a Group Project Abroad
      I A. Removing all of the parentheticals                 I B. In paragraph (c)(2), removing the                on the basis of the criteria in § 664.31.
      that end in ‘‘points)’’; and                            word ‘‘a’’; and                                       The Secretary informs applicants of the
      I B. Revising the introductory text to                  I C. Revising paragraph (a) to read as                maximum possible score for each
      read as follows:                                        follows:                                              criterion in the application package or
      § 660.33 What additional selection criteria                                                                   in a notice published in the Federal
                                                              § 662.21 What criteria does the Secretary
      does the Secretary use for an application to                                                                  Register.
                                                              use to evaluate an application for a
      develop specialized instructional materials?            fellowship?                                           *     *     *     *      *
        In addition to the criteria referred to                 (a) General. The Secretary evaluates                I 46. Section 664.31 is amended by—
      in § 660.31, the Secretary evaluates an                 an application for a fellowship on the                I A. Removing all of the parentheticals
      application to develop specialized                      basis of the criteria in this section. The            that end in ‘‘points).’’ and removing the
      instructional materials on the basis of                 Secretary informs applicants of the                   parenthetical that ends in ‘‘points)’’; and
      the criteria in this section.                           maximum possible score for each                       I B. Revising the introductory text to
      *     *     *      *     *                              criterion in the application package or               read as follows:


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                          Federal Register / Vol. 70, No. 53 / Monday, March 21, 2005 / Rules and Regulations                                        13377

      § 664.31 What selection criteria does the               DEPARTMENT OF AGRICULTURE                             enacts and implements laws of general
      Secretary use?                                                                                                applicability that are consistent with
                                                              Forest Service                                        ANILCA and that provide for the
        The Secretary uses the criteria in this
      section to evaluate applications for the                                                                      subsistence definition, preference, and
                                                              36 CFR Part 242                                       participation specified in Sections 803,
      purpose of recommending to the J.
                                                                                                                    804, and 805 of ANILCA. In 1978, the
      William Fulbright Foreign Scholarship                   DEPARTMENT OF THE INTERIOR                            State implemented a program that the
      Board Group Projects Abroad for
                                                                                                                    Department of the Interior previously
      funding under this part.                                Fish and Wildlife Service                             found to be consistent with ANILCA.
      *     *     *    *    *                                                                                       However, in December 1989, the Alaska
                                                              50 CFR Part 100                                       Supreme Court ruled in McDowell v.
      PART 669—LANGUAGE RESOURCE                                                                                    State of Alaska that the rural preference
      CENTERS PROGRAM                                         RIN 1018–AT46
                                                                                                                    in the State subsistence statute violated
                                                              Subsistence Management Regulations                    the Alaska Constitution. The Court’s
      I 47. The authority citation for part 669                                                                     ruling in McDowell required the State to
                                                              for Public Lands in Alaska, Subpart C
      continues to read as follows:                                                                                 delete the rural preference from the
                                                              and Subpart D—2005–06 Subsistence
        Authority: 20 U.S.C. 1123, unless                     Taking of Fish and Shellfish                          subsistence statute and, therefore,
      otherwise noted.                                        Regulations                                           negated State compliance with ANILCA.
                                                                                                                    The Court stayed the effect of the
      I 48. Section 669.20 is revised to read as              AGENCIES: Forest Service, Agriculture;                decision until July 1, 1990.
      follows:                                                Fish and Wildlife Service, Interior.                     As a result of the McDowell decision,
                                                              ACTION: Final rule.                                   the Department of the Interior and the
      § 669.20 How does the Secretary evaluate
      an application?                                                                                               Department of Agriculture
                                                              SUMMARY: This final rule establishes
                                                                                                                    (Departments) assumed, on July 1, 1990,
        The Secretary evaluates an                            regulations for seasons, harvest limits,              responsibility for implementation of
      application for an award on the basis of                methods, and means related to taking of               Title VIII of ANILCA on public lands.
      the criteria contained in §§ 669.21 and                 fish and shellfish for subsistence uses               On June 29, 1990, the Temporary
      669.22. The Secretary informs                           during the 2005–06 regulatory year. The               Subsistence Management Regulations
      applicants of the maximum possible                      rulemaking is necessary because                       for Public Lands in Alaska were
                                                              Subpart D is subject to an annual public              published in the Federal Register (55
      score for each criterion in the
                                                              review cycle. This rulemaking replaces                FR 27114). On January 8, 1999 (64 FR
      application package or in a notice
                                                              the fish and shellfish taking regulations             1276), the Departments extended
      published in the Federal Register.                      included in the ‘‘Subsistence                         jurisdiction to include waters in which
      (Authority: 20 U.S.C. 1123)                             Management Regulations for Public                     there exists a Federal reserved water
                                                              Lands in Alaska, Subpart C and Subpart                right. This amended rule conformed the
      I 49. Section 669.21 is amended by—                     D—2004 Subsistence Taking of Fish and                 Federal Subsistence Management
      I A. Removing all of the parentheticals                 Wildlife Regulations,’’ which expire on               Program to the Ninth Circuit’s ruling in
      that end in ‘‘points)’’;                                March 31, 2005. This rule also amends                 Alaska v. Babbitt. Consistent with
      I B. In paragraph (c), removing the                     the Customary and Traditional Use                     Subparts A, B, and C of these
      symbol ‘‘§’’; and                                       Determinations of the Federal                         regulations as revised May 7, 2002 (67
                                                              Subsistence Board (Section ll.24 of                   FR 30559), the Departments established
      I C. Revising the introductory text to                  Subpart C).
      read as follows:                                                                                              a Federal Subsistence Board to
                                                              DATES: Sections ll.24(a)(2) and (3) are               administer the Federal Subsistence
      § 669.21 What selection criteria does the               effective April 1, 2005. Sections ll.27               Management Program. The Board’s
      Secretary use?                                          and ll.28 are effective April 1, 2005,                composition includes a Chair appointed
                                                              through March 31, 2006.                               by the Secretary of the Interior with
        The Secretary evaluates an
                                                              FOR FURTHER INFORMATION CONTACT:                      concurrence of the Secretary of
      application on the basis of the criteria
                                                              Chair, Federal Subsistence Board, c/o                 Agriculture; the Alaska Regional
      in this section.                                        U.S. Fish and Wildlife Service,                       Director, U.S. Fish and Wildlife Service;
      *     *     *    *    *                                 Attention: Thomas H. Boyd, Office of                  the Alaska Regional Director, U.S.
      [FR Doc. 05–5547 Filed 3–18–05; 8:45 am]                Subsistence Management; (907) 786–                    National Park Service; the Alaska State
      BILLING CODE 4000–01–P
                                                              3888. For questions specific to National              Director, U.S. Bureau of Land
                                                              Forest System lands, contact Steve                    Management; the Alaska Regional
                                                              Kessler, Regional Subsistence Program                 Director, U.S. Bureau of Indian Affairs;
                                                              Manager, USDA, Forest Service, Alaska                 and the Alaska Regional Forester, USDA
                                                              Region, (907) 786–3592.                               Forest Service. Through the Board, these
                                                              SUPPLEMENTARY INFORMATION:                            agencies participated in the
                                                                                                                    development of regulations for Subparts
                                                              Background                                            A, B, and C, and the annual Subpart D
                                                                Title VIII of the Alaska National                   regulations.
                                                              Interest Lands Conservation Act                          All Board members have reviewed
                                                              (ANILCA) (16 U.S.C. 3111–3126)                        this rule and agree with its substance.
                                                              requires that the Secretary of the Interior           Because this rule relates to public lands
                                                              and the Secretary of Agriculture                      managed by agencies in both the
                                                              (Secretaries) implement a joint program               Departments of Agriculture and the
                                                              to grant a preference for subsistence                 Interior, identical text will be
                                                              uses of fish and wildlife resources on                incorporated into 36 CFR part 242 and
                                                              public lands, unless the State of Alaska              50 CFR part 100.


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