Publication Date: October 3, 2012

Posted Date: October 3, 2012

Subject: Federal Student Aid; Student Assistance General Provisions Non-Title IV Revenue Requirements (90/10)

FR Type: Notice


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24222]

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DEPARTMENT OF EDUCATION

Notice of Proposed Information Collection Requests; Federal 
Student Aid; Student Assistance General Provisions Non-Title IV Revenue 
Requirements (90/10)

SUMMARY: The Department of Education's regulations at 34 CFR 668.28(b) 
and 668.28(c) establish the requirements under which a prorprietary 
institution of higher education must derive at least ten percent of its 
annual revenue from resources other than Title IV Higher Education Act 
(HEA) funds, and implements the Net Present Value (NPV) formula and its 
alternative calculation prescribed by the statute and implemented 
through these regulations, and identifies sanctions for failing to meet 
the requirements.

DATES: Interested persons are invited to submit comments on or before 
December 3, 2012.

ADDRESSES: Comments submitted in response to this notice should be 
submitted electronically through the Federal eRulemaking Portal at 
http://www.regulations.gov by selecting Docket ID number ED-2012-ICCD-
0030 or via postal mail, commercial delivery, or hand delivery. Please 
note that comments submitted by fax or email and those submitted after 
the comment period will not be accepted. Written requests for 
information or comments submitted by postal mail or delivery should be 
addressed to the Director of the Information Collection Clearance 
Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ 
Room 2E117, Washington, DC 20202-4537. Please specify the complete 
title of the information collection and OMB Control Number when making 
your request.

SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act 
of 1995 (44 U.S.C. chapter 35) requires that Federal agencies provide 
interested parties an early opportunity to comment on information 
collection requests. The Director, Information Collection Clearance 
Division, Privacy, Information and Records Management Services, Office 
of Management, publishes this notice containing proposed information 
collection requests at the beginning of the Departmental review of the 
information collection. The Department of Education is especially 
interested in public comment addressing the following issues: (1) Is 
this collection necessary to the proper functions of the Department; 
(2) will this information be processed and used in a timely manner; (3) 
is the estimate of burden accurate; (4) how might the Department 
enhance the quality, utility, and clarity of the information to be 
collected; and (5) how might the Department minimize the burden of this 
collection on the respondents, including through the use of information 
technology. Please note that written comments received in response to 
this notice will be considered public records.
    Title of Collection: Student Assistance General Provisions Non-
Title IV Revenue Requirements (90/10).
    OMB Control Number: 1845-0096.
    Type of Review: Extension.
    Total Estimated Number of Annual Responses: 2,201.
    Total Estimated Number of Annual Burden Hours: 3,302.
    Abstract: As provided by the Higher Education Opportunity Act (Pub. 
L. 110-315), the Department of Education's regulations at 34 CFR 
668.28(b) and 668.28(c) provide that a proprietary institution must 
derive at least 10% of its annual revenue from sources other than Title 
IV, HEA funds, identifies sanctions for failing to meet the 
requirement, and otherwise implement the statute by (1) specifying a 
NPV formula used to establish the revenue for institutional loans, (2) 
providing an administratively easier alternative to the NPV 
calculation, and (3) describing more fully the non-Title IV eligible 
programs from which revenue may be counted for 90/10 purposes. The 
regulations require an institution to disclose in a footnote to its 
audited financial statements the amounts of Federal and non-Federal 
revenues, by category, that it used in calculating its 90/10 ratio (see 
section 487(d) of the HEA). This request is for extending approval of 
reporting requirements contained in the regulations related to the 
administrative requirements of the non-Title IV revenue requirement 
(90/10) program. The information collection requirements in the 
regulations are necessary to determine eligibility to receive program 
benefits and to prevent fraud and abuse of program funds.

    Dated: September 26, 2012.
Darrin A. King,
Director, Information Collection Clearance Division, Privacy, 
Information and Records Management Services, Office of Management.
[FR Doc. 2012-24222 Filed 10-2-12; 8:45 am]
BILLING CODE 4000-01-P
 

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