[Federal Register: April 6, 2000 (Volume 65, Number 67)]
[Rules and Regulations]
[Page 18001-18003]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap00-5]
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DEPARTMENT OF EDUCATION
34 CFR Part 674
Federal Perkins Loan Program
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the Federal Perkins Loan Program
regulations. The regulations replace all references and forms of the
term ``Direct Loan'' in the Federal Perkins Loan
[[Page 18002]]
Program regulations with the acronym ``NDSL'' in order to eliminate
confusion between the National Direct Student Loan (NDSL) Program and
the William D. Ford Federal Direct Loan Program.
DATES: These regulations are effective May 8, 2000.
FOR FURTHER INFORMATION CONTACT: Ms. Vanessa Freeman, Program
Specialist, U.S. Department of Education, 400 Maryland Avenue, SW.,
Room 3045, Regional Office Building 3, Washington, DC 20202-5449.
Telephone: (202) 708-8242.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION: Regulations amending the Federal Perkins
Loan Program were published in proposed form on July 29, 1999. The
proposed regulations were published in conformance with Section 492 of
the Higher Education Act of 1965, as amended (the HEA), which requires
the Secretary to conduct a negotiated rulemaking process to develop
proposed regulations. Except in certain circumstances, the HEA also
requires the Secretary to publish proposed regulations that conform to
consensus agreements reached during the negotiated rulemaking process.
In the preamble of the proposed regulations, the Secretary made a
commitment to publish a technical corrections package that would
replace all references to ``Direct Loan(s)'' in the Federal Perkins
Loan Program and Student Assistance General Provisions regulations with
``National Direct Student Loan Program'' or the acronym ``NDSL.'' This
commitment reflected an agreement by negotiators that such a change
would clarify the regulations by eliminating the potential confusion
between the National Direct Student Loan Program and the William D.
Ford Federal Direct Loan Program. These final regulations replace the
references to ``Direct Loan(s)'' in 34 CFR part 674 only. All
references to ``Direct Loan(s)'' contained in the Student Assistance
General Provisions refer correctly to the William D. Ford Federal
Direct Loan Program.
Waiver of Negotiated Rulemaking
Under the Administrative Procedure Act (5 U.S.C. 553) the
Department generally offers interested parties the opportunity to
comment on proposed regulations. However, these regulations merely
reflect technical changes that add clarity to the regulatory
provisions. The changes do not establish or affect substantive policy
and are made as a result of consensus reached by all affected parties
during the negotiated rulemaking procedures required under section 492
of the HEA. Therefore, under 5 U.S.C. 553(b)(B), the Secretary has
determined that the use of negotiated rulemaking or proposed
regulations is unnecessary and contrary to the public interest.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations would not have a
significant economic impact on a substantial number of small entities.
Because these regulations reflect technical changes that add
clarity to the regulatory provisions, the regulations would not have an
impact on small entities.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, we intend this document to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Education Impact
Based on our own review, we have determined that these final
regulations do not require transmission of information that any other
agency or authority of the United States gathers or makes available.
Electronic Access to This Document
You may view this document in text or Adobe Portable Document
Format (PDF) on the Internet at the following sites:
http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html
http://ifap.ed.gov/csb_html/fedlreg.htm
To use the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at the first of the previous sites. If
you have questions about using the 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.access.gpo.gov/nara/index.html
(Catalog of Federal Domestic Assistance Number: 84.037 Federal
Perkins Loan Program)
List of Subjects in 34 CFR Part 674
Loan programs--education, Student aid, Reporting and recordkeeping
requirements.
Dated: March 31, 2000.
Richard W. Riley,
Secretary of Education.
For the reasons discussed in the preamble, the Secretary amends
title 34 of the Code of Federal Regulations as follows:
PART 674--FEDERAL PERKINS LOAN PROGRAM
1. The authority for part 674 continues to read as follows:
Authority: 20 U.S.C. 1087aa-1087ii and 20 U.S.C. 421-429, unless
otherwise noted.
2. Section 674.1 is amended by revising the reference to ``National
Direct Student Loan Program'' to read ``National Direct Student Loan
(NDSL) Program'' in paragraph (b)(1).
3. Section 674.2 is amended by removing the reference to ``Direct
loan'' from the list of terms in paragraph (a).
4. The following sections in part 674 are amended by removing the
word ``Direct'' and adding, in its place, ``NDSL'':
a. Sec. 674.9(g)
b. Sec. 674.19(e)(4)(iv)
c. Sec. 674.31(b)(2)(i)(C)
d. Sec. 674.33(b)(3)
e. Sec. 674.40(b)
f. Sec. 674.53 heading
g. Sec. 674.53(a)(1)(ii)
h. Sec. 674.53(b)(2)
i. Sec. 674.53(c)(2)
j. Sec. 674.56 heading
k. Sec. 674.56(a)(2)
l. Sec. 674.56(b)(2)
m. Sec. 674.56(c)(2)
n. Sec. 674.57 heading
o. Sec. 674.57(a)(2)
p. Sec. 674.58(a)(1)
q. Sec. 674.61(a)
r. Sec. 674.61(b)
s. Sec. 674.61(d)
t. Sec. 674.63(b)
5. The following sections in part 674 are amended by removing the
words ``a
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Direct'' and adding, in their place, ``an NDSL'':
a. Sec. 674.59(b) heading
b. Sec. 674.59(b)(1)
c. Sec. 674.60(a)(2)
6. The following sections in part 674 are amended by removing the
words ``a Direct Loan'' and adding, in their place, ``an NDSL'':
a. Sec. 674.2 (definition of ``Student loan'')
b. Sec. 674.31(b)(5)(ii)(A)
c. Sec. 674.33(b)(6)(ii)
d. Sec. 674.36(a)
7. The following sections in part 674 are amended by removing the
words ``a Direct loan'' and adding, in their place, ``an NDSL'':
a.-b. Sec. 674.31(b)(5)(ii)(B)
c. Sec. 674.34(a)
d. Sec. 674.34(c)(2)
e. Sec. 674.37(a)(1)
f. Sec. 674.53(a)(1)(i)
8. The following sections in part 674 are amended by removing the
words ``Direct loan'' and adding, in their place, ``NDSL'':
a. Sec. 674.9(h)(2)
b. Sec. 674.53(b)(1) and (c)(1)
c. Sec. 674.56(a)(1)
d. Sec. 674.56(b)(1)
e. Sec. 674.56(c)(1)
9. The following sections in part 674 are amended by removing the
words ``Direct Loan'' and adding, in their place, ``NDSL'':
a. Sec. 674.52(d)
b. Sec. 674.57(a)(1)
10. The following sections in part 674 are amended by removing the
words ``Direct loans'' and adding, in their place, ``NDSLs'':
a. Sec. 674.2 (definition of ``Initial grace period'')
b. Sec. 674.33(c)(2)
c. Sec. 674.34 heading
d. Sec. 674.36 heading
e. Sec. 674.37 heading
f. Sec. 674.42(c)(1)(i)
g. Sec. 674.60 heading
11. The following sections are amended by removing the words
``Direct Loans'' and adding, in their place, ``NDSLs'':
a. Sec. 674.12(a)
b. Sec. 674.12(b)
c. Sec. 674.31(b)(2)(i)(A)
d. Sec. 674.31(b)(2)(i)(B)
12. Section 674.46 is amended by removing the words ``National
Direct'' and adding, in their place, ``NDSL'' in paragraph (a)(1)(i).
[FR Doc. 00-8521 Filed 4-5-00; 8:45 am]
BILLING CODE 4000-01-U