Publication of Ukraine-Related Web General License 16 and Subsequent Iterations

CourtForeign Assets Control Office
Citation86 FR 59615
Record Number2021-23473
Publication Date28 October 2021
59615
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
11295, 31 FR 10603, 3 CFR, 1966–1970
Comp., p. 570.
2. In § 22.1, amend the table by
revising entry 2(g) under the heading
‘‘Passport and Citizenship Services’’ to
read as follows:
§ 22.1 Schedule of fees.
* * * * *
S
CHEDULE OF
F
EES FOR
C
ONSULAR
S
ERVICES
Item No. Fee
Schedule of Fees for Consular Services
Passport and Citizenship Services
*******
2. Passport Book Application Services for:
*******
(g) Passport book security surcharge (enhanced border security fee) ................................................................................................ $80
*******
Rena Bitter,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2021–23449 Filed 10–27–21; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
31 CFR Part 589
Publication of Ukraine-Related Web
General License 16 and Subsequent
Iterations
AGENCY
: Office of Foreign Assets
Control, Treasury.
ACTION
: Publication of web general
licenses.
SUMMARY
: The Department of the
Treasury’s Office of Foreign Assets
Control (OFAC) is publishing six
Ukraine-related web general licenses
(GLs) in the Federal Register: GL 16, GL
16A, GL 16B, GL 16C, and GL 16D, each
of which was previously issued on
OFAC’s website and is now expired, as
well as GL 16E, which was previously
issued on OFAC’s website and was
revoked.
DATES
: GL 16E was revoked on January
27, 2019. See
SUPPLEMENTARY
INFORMATION
of this rule for additional
relevant dates.
FOR FURTHER INFORMATION CONTACT
:
OFAC: Assistant Director for Licensing,
202–622–2480; Assistant Director for
Regulatory Affairs, 202–622–4855; or
Assistant Director for Sanctions
Compliance & Evaluation, 202–622–
2490.
SUPPLEMENTARY INFORMATION
:
Electronic Availability
This document and additional
information concerning OFAC are
available on OFAC’s website:
www.treasury.gov/ofac.
Background
On March 6, 2014, the President,
invoking the authority of, inter alia, the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706)
(IEEPA), issued Executive Order (E.O.)
13660, ‘‘Blocking Property of Certain
Persons Contributing to the Situation in
Ukraine’’ (79 FR 13493, March 10,
2014). In E.O. 13660, the President
determined that the actions and policies
of persons including persons who have
asserted governmental authority in the
Crimean region without the
authorization of the Government of
Ukraine that undermine democratic
processes and institutions in Ukraine;
threaten its peace, security, stability,
sovereignty, and territorial integrity; and
contribute to the misappropriation of its
assets, constitute an unusual and
extraordinary threat to the national
security and foreign policy of the United
States, and declared a national
emergency to deal with that threat.
The President subsequently issued
E.O. 13661 of March 16, 2014,
‘‘Blocking Property of Additional
Persons Contributing to the Situation in
Ukraine’’ (79 FR 15535, March 19,
2014), and E.O. 13662 of March 20,
2014, ‘‘Blocking Property of Additional
Persons Contributing to the Situation in
Ukraine’’ (79 FR 16169, March 24,
2014), pursuant to the national
emergency declared in E.O. 13660. E.O.
13661 and E.O. 13662 expanded the
scope of the national emergency
declared in E.O. 13660. On May 8, 2014,
OFAC published the Ukraine Related
Sanctions Regulations, 31 CFR part 589
(the ‘‘Regulations’’), to implement E.O.
13660, E.O. 13661, and E.O. 13662 (79
FR 26365, May 8, 2014). The President
has issued additional Executive orders
pursuant to the national emergency
declared in E.O. 13660, and expanded
in E.O. 13661 and E.O. 13662, which are
not discussed in this publication as they
are not relevant to the web GLs being
published.
OFAC, in consultation with the
Department of State, issued GL 16 on
June 4, 2018, pursuant to the
Regulations, to authorize certain
transactions and activities ordinarily
incident and necessary to the
maintenance or wind down of
operations, contracts, or other
agreements, including the importation
of goods, services, or technology into
the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity
in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater
interest, and that were in effect prior to
April 6, 2018, through 12:01 a.m.
eastern daylight time, October 23, 2018.
Subsequently, OFAC issued five
further iterations of GL 16, each of
which extended the period the
authorizations in GL 16 remained in
effect: On September 21, 2018, OFAC
issued GL 16A, which replaced and
superseded GL 16, and extended the
authorizations through 12:01 a.m.
eastern standard time, November 12,
2018; on October 12, 2018, OFAC issued
GL 16B, which replaced and superseded
GL 16A, and extended the
authorizations through 12:01 a.m.
eastern standard time, December 12,
2018; on November 9, 2018, OFAC
issued GL 16C, which replaced and
superseded GL 16B, and extended the
authorizations through 12:01 a.m.
eastern standard time, January 7, 2019;
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Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
on December 7, 2018, OFAC issued GL
16D, which replaced and superseded GL
16C, and extended the authorizations
through 12:01 a.m. eastern standard
time, January 21, 2019; and on January
16, 2019, OFAC issued GL 16E, which
replaced and superseded GL 16D, and
extended the authorizations through
12:01 a.m. eastern standard time,
January 28, 2019. Following the
delisting of EN+ Group PLC and JSC
EuroSibEnergo on January 27, 2019,
OFAC authorization was no longer
required to transact with these
companies or any other entity in which
EN+ Group PLC or JSC EuroSibEnergo
owns, directly or indirectly, a 50
percent or greater interest. The texts of
GLs 16, 16A, 16B, 16C, 16D, and 16E are
provided below.
OFFICE OF FOREIGN ASSETS
CONTROL
Ukraine Related Sanctions Regulations
31 CFR Part 589
GENERAL LICENSE NO. 16
Authorizing Certain Activities
Necessary to Maintenance or Wind
Down of Operations or Existing
Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph
(d) of this general license, all
transactions and activities otherwise
prohibited by the Ukraine Related
Sanctions Regulations, 31 CFR part 589,
that are ordinarily incident and
necessary to the maintenance or wind
down of operations, contracts, or other
agreements, including the importation
of goods, services, or technology into
the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity
in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater
interest and that were in effect prior to
April 6, 2018, are authorized through
12:01 a.m. eastern daylight time,
October 23, 2018.
(b) Except as authorized by Ukraine
Related General License 14, any
payment to or for the direct or indirect
benefit of a blocked person that is
ordinarily incident and necessary to
give effect to a transaction authorized in
paragraph (a) of this general license
must be made into a blocked, interest-
bearing account located in the United
States in accordance with 31 CFR
589.203. Any such payment that is
directly or indirectly to the account of
a blocked U.S. person identified in
paragraph (a) at a U.S. financial
institution may be processed in
accordance with the original wire
transfer instructions, provided that
those instructions are consistent with
this general license.
(c) All funds in accounts of blocked
U.S. persons identified in paragraph (a),
including funds originating from
authorized payments to such accounts
received on or after April 6, 2018, may
be used for maintenance or wind-down
activities authorized by this general
license.
(d) This general license does not
authorize:
(1) The divestiture or transfer of debt,
equity, or other holdings in, to, or for
the benefit of the blocked persons
identified above;
(2) Any transactions or dealings
otherwise prohibited by any other part
of 31 CFR chapter V, or any transactions
or dealings with any blocked person
other than the blocked persons
identified in paragraph (a) of this
general license;
(3) The unblocking of any property
blocked pursuant to any part of 31 CFR
chapter V, except as authorized by
paragraphs (a), (b), or (c); or
(4) The exportation of goods from the
United States.
(e) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business
days after the expiration date of this
general license, to file a comprehensive,
detailed report of each transaction,
including the names and addresses of
parties involved, the type and scope of
activities conducted, and the dates on
which the activities occurred, with the
Office of Foreign Assets Control, Office
of Compliance and Enforcement, U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Freedman’s
Bank Building, Washington, DC 20220,
or via email to OFACReport@
treasury.gov.
Dated: June 4, 2018.
Bradley T. Smith,
Acting Deputy Director, Office of Foreign
Assets Control.
OFFICE OF FOREIGN ASSETS
CONTROL
Ukraine Related Sanctions Regulations
31 CFR Part 589
GENERAL LICENSE NO. 16A
Authorizing Certain Activities
Necessary to Maintenance or Wind
Down of Operations or Existing
Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph
(d) of this general license, all
transactions and activities otherwise
prohibited by the Ukraine Related
Sanctions Regulations, 31 CFR part 589,
that are ordinarily incident and
necessary to the maintenance or wind
down of operations, contracts, or other
agreements, including the importation
of goods, services, or technology into
the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity
in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater
interest and that were in effect prior to
April 6, 2018, are authorized through
12:01 a.m. eastern standard time,
November 12, 2018.
(b) Except as authorized by Ukraine
Related General License 14A, any
payment to or for the direct or indirect
benefit of a blocked person that is
ordinarily incident and necessary to
give effect to a transaction authorized in
paragraph (a) of this general license
must be made into a blocked, interest-
bearing account located in the United
States in accordance with 31 CFR
589.203. Any such payment that is
directly or indirectly to the account of
a blocked U.S. person identified in
paragraph (a) at a U.S. financial
institution may be processed in
accordance with the original wire
transfer instructions, provided that
those instructions are consistent with
this general license.
(c) All funds in accounts of blocked
U.S. persons identified in paragraph (a),
including funds originating from
authorized payments to such accounts
received on or after April 6, 2018, may
be used for maintenance or wind-down
activities authorized by this general
license.
(d) This general license does not
authorize:
(1) The divestiture or transfer of debt,
equity, or other holdings in, to, or for
the benefit of the blocked persons
identified above;
(2) Any transactions or dealings
otherwise prohibited by any other part
of 31 CFR chapter V, or any transactions
or dealings with any blocked person
other than the blocked persons
identified in paragraph (a) of this
general license;
(3) The unblocking of any property
blocked pursuant to any part of 31 CFR
chapter V, except as authorized by
paragraphs (a), (b), or (c); or
(4) The exportation of goods from the
United States.
(e) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business
days after the expiration date of this
general license, to file a comprehensive,
detailed report of each transaction,
including the names and addresses of
parties involved, the type and scope of
activities conducted, and the dates on
which the activities occurred, with the
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Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / Rules and Regulations
Office of Foreign Assets Control, Office
of Compliance and Enforcement, U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Freedman’s
Bank Building, Washington, DC 20220,
or via email to OFACReport@
treasury.gov.
(f) Effective September 21, 2018,
General License No. 16, dated June 4,
2018, is replaced and superseded in its
entirety by this General License No.
16A.
Dated: September 21, 2018.
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS
CONTROL
Ukraine Related Sanctions Regulations
31 CFR Part 589
GENERAL LICENSE NO. 16B
Authorizing Certain Activities
Necessary to Maintenance or Wind
Down of Operations or Existing
Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph
(d) of this general license, all
transactions and activities otherwise
prohibited by the Ukraine Related
Sanctions Regulations, 31 CFR part 589,
that are ordinarily incident and
necessary to the maintenance or wind
down of operations, contracts, or other
agreements, including the importation
of goods, services, or technology into
the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity
in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater
interest and that were in effect prior to
April 6, 2018, are authorized through
12:01 a.m. eastern standard time,
December 12, 2018.
(b) Except as authorized by Ukraine
Related General License 14B, any
payment to or for the direct or indirect
benefit of a blocked person that is
ordinarily incident and necessary to
give effect to a transaction authorized in
paragraph (a) of this general license
must be made into a blocked, interest-
bearing account located in the United
States in accordance with 31 CFR
589.203. Any such payment that is
directly or indirectly to the account of
a blocked U.S. person identified in
paragraph (a) at a U.S. financial
institution may be processed in
accordance with the original wire
transfer instructions, provided that
those instructions are consistent with
this general license.
(c) All funds in accounts of blocked
U.S. persons identified in paragraph (a),
including funds originating from
authorized payments to such accounts
received on or after April 6, 2018, may
be used for maintenance or wind-down
activities authorized by this general
license.
(d) This general license does not
authorize:
(1) The divestiture or transfer of debt,
equity, or other holdings in, to, or for
the benefit of the blocked persons
identified above;
(2) Any transactions or dealings
otherwise prohibited by any other part
of 31 CFR chapter V, or any transactions
or dealings with any blocked person
other than the blocked persons
identified in paragraph (a) of this
general license;
(3) The unblocking of any property
blocked pursuant to any part of 31 CFR
chapter V, except as authorized by
paragraphs (a), (b), or (c); or
(4) The exportation of goods from the
United States.
(e) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business
days after the expiration date of this
general license, to file a comprehensive,
detailed report of each transaction,
including the names and addresses of
parties involved, the type and scope of
activities conducted, and the dates on
which the activities occurred, with the
Office of Foreign Assets Control, Office
of Compliance and Enforcement, U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Freedman’s
Bank Building, Washington, DC 20220,
or via email to OFACReport@
treasury.gov.
(f) Effective October 12, 2018, General
License No. 16A, dated September 21,
2018, is replaced and superseded in its
entirety by this General License No.
16B.
Dated: October 12, 2018.
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS
CONTROL
Ukraine Related Sanctions Regulations
31 CFR Part 589
GENERAL LICENSE NO. 16C
Authorizing Certain Activities
Necessary to Maintenance or Wind
Down of Operations or Existing
Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph
(d) of this general license, all
transactions and activities otherwise
prohibited by the Ukraine Related
Sanctions Regulations, 31 CFR part 589,
that are ordinarily incident and
necessary to the maintenance or wind
down of operations, contracts, or other
agreements, including the importation
of goods, services, or technology into
the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity
in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater
interest and that were in effect prior to
April 6, 2018, are authorized through
12:01 a.m. eastern standard time,
January 7, 2019.
(b) Except as authorized by Ukraine
Related General License 14C, any
payment to or for the direct or indirect
benefit of a blocked person that is
ordinarily incident and necessary to
give effect to a transaction authorized in
paragraph (a) of this general license
must be made into a blocked, interest-
bearing account located in the United
States in accordance with 31 CFR
589.203. Any such payment that is
directly or indirectly to the account of
a blocked U.S. person identified in
paragraph (a) at a U.S. financial
institution may be processed in
accordance with the original wire
transfer instructions, provided that
those instructions are consistent with
this general license.
(c) All funds in accounts of blocked
U.S. persons identified in paragraph (a),
including funds originating from
authorized payments to such accounts
received on or after April 6, 2018, may
be used for maintenance or wind-down
activities authorized by this general
license.
(d) This general license does not
authorize:
(1) The divestiture or transfer of debt,
equity, or other holdings in, to, or for
the benefit of the blocked persons
identified above;
(2) Any transactions or dealings
otherwise prohibited by any other part
of 31 CFR chapter V, or any transactions
or dealings with any blocked person
other than the blocked persons
identified in paragraph (a) of this
general license;
(3) The unblocking of any property
blocked pursuant to any part of 31 CFR
chapter V, except as authorized by
paragraphs (a), (b), or (c); or
(4) The exportation of goods from the
United States.
(e) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business
days after the expiration date of this
general license, to file a comprehensive,
detailed report of each transaction,
including the names and addresses of
parties involved, the type and scope of
activities conducted, and the dates on
which the activities occurred, with the
Office of Foreign Assets Control, Office
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of Compliance and Enforcement, U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Freedman’s
Bank Building, Washington, DC 20220,
or via email to OFACReport@
treasury.gov.
(f) Effective November 9, 2018,
General License No. 16B, dated October
12, 2018, is replaced and superseded in
its entirety by this General License No.
16C.
Dated: November 9, 2018
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS
CONTROL
Ukraine Related Sanctions Regulations
31 CFR Part 589
GENERAL LICENSE NO. 16D
Authorizing Certain Activities
Necessary to Maintenance or Wind
Down of Operations or Existing
Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph
(d) of this general license, all
transactions and activities otherwise
prohibited by the Ukraine Related
Sanctions Regulations, 31 CFR part 589,
that are ordinarily incident and
necessary to the maintenance or wind
down of operations, contracts, or other
agreements, including the importation
of goods, services, or technology into
the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity
in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater
interest and that were in effect prior to
April 6, 2018, are authorized through
12:01 a.m. eastern standard time,
January 21, 2019.
(b) Except as authorized by Ukraine
Related General License 14D, any
payment to or for the direct or indirect
benefit of a blocked person that is
ordinarily incident and necessary to
give effect to a transaction authorized in
paragraph (a) of this general license
must be made into a blocked, interest-
bearing account located in the United
States in accordance with 31 CFR
589.203. Any such payment that is
directly or indirectly to the account of
a blocked U.S. person identified in
paragraph (a) at a U.S. financial
institution may be processed in
accordance with the original wire
transfer instructions, provided that
those instructions are consistent with
this general license.
(c) All funds in accounts of blocked
U.S. persons identified in paragraph (a),
including funds originating from
authorized payments to such accounts
received on or after April 6, 2018, may
be used for maintenance or wind-down
activities authorized by this general
license.
(d) This general license does not
authorize:
(1) The divestiture or transfer of debt,
equity, or other holdings in, to, or for
the benefit of the blocked persons
identified above;
(2) Any transactions or dealings
otherwise prohibited by any other part
of 31 CFR chapter V, or any transactions
or dealings with any blocked person
other than the blocked persons
identified in paragraph (a) of this
general license;
(3) The unblocking of any property
blocked pursuant to any part of 31 CFR
chapter V, except as authorized by
paragraphs (a), (b), or (c); or
(4) The exportation of goods from the
United States.
(e) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business
days after the expiration date of this
general license, to file a comprehensive,
detailed report of each transaction,
including the names and addresses of
parties involved, the type and scope of
activities conducted, and the dates on
which the activities occurred, with the
Office of Foreign Assets Control, Office
of Compliance and Enforcement, U.S.
Department of the Treasury, 1500
Pennsylvania Avenue NW, Freedman’s
Bank Building, Washington, DC 20220,
or via email to OFACReport@
treasury.gov.
(f) Effective December 7, 2018,
General License No. 16C, dated
November 9, 2018, is replaced and
superseded in its entirety by this
General License No. 16D.
Dated: December 7, 2018.
Andrea Gacki,
Director, Office of Foreign Assets Control.
OFFICE OF FOREIGN ASSETS
CONTROL
Ukraine Related Sanctions Regulations
31 CFR Part 589
GENERAL LICENSE NO. 16E
Authorizing Certain Activities
Necessary to Maintenance or Wind
Down of Operations or Existing
Contracts With EN+ Group PLC or JSC
EuroSibEnergo
(a) Except as provided in paragraph
(d) of this general license, all
transactions and activities otherwise
prohibited by the Ukraine Related
Sanctions Regulations, 31 CFR part 589,
that are ordinarily incident and
necessary to the maintenance or wind
down of operations, contracts, or other
agreements, including the importation
of goods, services, or technology into
the United States, involving EN+ Group
PLC, JSC EuroSibEnergo, or any entity
in which EN+ Group PLC or JSC
EuroSibEnergo owns, directly or
indirectly, a 50 percent or greater
interest and that were in effect prior to
April 6, 2018, are authorized through
12:01 a.m. eastern standard time,
January 28, 2019.
(b) Except as authorized by Ukraine
Related General License 14E, any
payment to or for the direct or indirect
benefit of a blocked person that is
ordinarily incident and necessary to
give effect to a transaction authorized in
paragraph (a) of this general license
must be made into a blocked, interest-
bearing account located in the United
States in accordance with 31 CFR
589.203. Any such payment that is
directly or indirectly to the account of
a blocked U.S. person identified in
paragraph (a) at a U.S. financial
institution may be processed in
accordance with the original wire
transfer instructions, provided that
those instructions are consistent with
this general license.
(c) All funds in accounts of blocked
U.S. persons identified in paragraph (a),
including funds originating from
authorized payments to such accounts
received on or after April 6, 2018, may
be used for maintenance or wind-down
activities authorized by this general
license.
(d) This general license does not
authorize:
(1) The divestiture or transfer of debt,
equity, or other holdings in, to, or for
the benefit of the blocked persons
identified above;
(2) Any transactions or dealings
otherwise prohibited by any other part
of 31 CFR chapter V, or any transactions
or dealings with any blocked person
other than the blocked persons
identified in paragraph (a) of this
general license;
(3) The unblocking of any property
blocked pursuant to any part of 31 CFR
chapter V, except as authorized by
paragraphs (a), (b), or (c); or
(4) The exportation of goods from the
United States.
(e) U.S. persons participating in
transactions authorized by this general
license are required, within 10 business
days after the expiration date of this
general license, to file a comprehensive,
detailed report of each transaction,
including the names and addresses of
parties involved, the type and scope of
activities conducted, and the dates on
which the activities occurred, with the
Office of Foreign Assets Control, Office
of Compliance and Enforcement, U.S.
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Department of the Treasury, 1500
Pennsylvania Avenue NW, Freedman’s
Bank Building, Washington, DC 20220,
or via email to OFACReport@
treasury.gov.
(f) Effective January 16, 2019, General
License No. 16D, dated December 7,
2018, is replaced and superseded in its
entirety by this General License No.
16E.
Dated: January 16, 2019.
Andrea Gacki,
Director, Office of Foreign Assets Control.
Dated: October 25, 2021.
Bradley T. Smith,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 2021–23473 Filed 10–27–21; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF EDUCATION
34 CFR Parts 604, 690 and 691
RIN 1840—AD46
Federal-State Relationship
Agreements, Federal Pell Grant
Program, Academic Competitiveness
Grant, and National Science and
Mathematics Access To Retain Talent
Grant
AGENCY
: Office of Postsecondary
Education, Department of Education.
ACTION
: Final regulations.
SUMMARY
: The Secretary amends the
regulations implementing the Federal
Pell Grant Program to conform with
changes made by the Department of
Education Appropriations Act, 2012 and
the Department of Education
Appropriations Act, 2017. The Secretary
also removes obsolete regulations for
Federal-State Relationship Agreements
and the Academic Competitiveness
Grant (ACG) and National Science and
Mathematics Access to Retain Talent
Grant (National SMART Grant)
programs. These regulations also make
technical corrections and delete
references to programs that are no
longer authorized or funded.
DATES
: These final regulations are
effective October 28, 2021.
FOR FURTHER INFORMATION CONTACT
:
Aaron Washington, 400 Maryland
Avenue SW, Room 2C182, Washington,
DC 20202.
Telephone: (202) 453–7241.
Email: Aaron.Washington@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION
:
Executive Summary
Purpose of This Regulatory Action:
This regulatory action amends or
removes various Department regulations
to conform with statutory changes.
The Secretary removes and reserves
34 CFR part 604, Federal-State
Relationship Agreements, to reflect that
section 1203 of the Higher Education
Act of 1965, as amended (HEA), was
eliminated by the Higher Education
Amendments of 1998, Public Law 105–
244.
Section 401A(g) of the HEA
authorized the ACG and National
SMART Grant programs only through
the end of the 2010–2011 award year.
Therefore, the Secretary also removes
and reserves the implementing
regulations for those programs in 34
CFR part 691.
The Secretary also amends part 690 to
make conforming changes that are
consistent with the statutory provisions
referenced above and to make technical
revisions to delete references to the ACG
and National SMART Grant programs,
which are no longer authorized.
Summary of the Major Provisions of
this Regulatory Action: In the final
regulations we amend 34 CFR part 690
to reflect the following statutory
changes to the Pell Grant Program.
Duration of Student Eligibility (§ 690.6)
In December 2011, section 309 of the
Department of Education
Appropriations Act, 2012 (title III of
division F of the Consolidated
Appropriations Act, 2012, Pub. L. 112–
74) amended section 401(c)(5) of the
HEA to reduce the duration of a
student’s eligibility to receive a Federal
Pell Grant from 18 semesters (or its
equivalent) to 12 semesters (or its
equivalent).
Calculation of a Federal Pell Grant
(§ 690.62)
In December 2011, Public Law 112–74
amended section 401(b)(4) of the HEA to
change the minimum Federal Pell Grant
award calculation. The law set the
minimum Federal Pell Grant award for
a student at 10 percent of the maximum
award amount for the award year. In
addition, it eliminated the provision
that permitted a student who would be
eligible to receive a Federal Pell Grant
of between five and 10 percent of the
award year’s maximum award to receive
an award of 10 percent of the maximum
award.
One and One-Half Federal Pell Grants
in One Award Year (§§ 690.63(g),
690.64(b), 690.65(c), (d)(2), and (f), and
690.67)
In May 2017, section 310 of the
Department of Education
Appropriations Act, 2017 (title III of
division H of Pub. L. 115–31, the
Consolidated Appropriations Act, 2017),
added section 401(b)(8) to the HEA to
allow a student to receive Federal Pell
Grant funds for up to 150 percent of the
student’s Pell Grant Scheduled Award
for an award year, if the student is
enrolled at least half time in a
certificate, associate degree, or
baccalaureate degree program, effective
as of the 2017–2018 award year.
Prior to the publication of these final
regulations, we provided guidance in
Dear Colleague Letter GEN–17–06
(available at: https://ifap.ed.gov/
dpcletters/GEN1706.html) to
institutions on how to implement the
provisions of section 401(b)(8) to allow
certain students to receive one and one-
half Pell Grants in one award year
beginning with the 2017–2018 award
year.
Costs and Benefits: As further detailed
in the Regulatory Impact Analysis, the
statutory changes reflected in these
regulations provide a substantial net
benefit to students and result in
transfers between the Federal
Government and students.
Significant Regulations
We discuss substantive issues under
the sections of the regulations to which
they pertain. Generally, we do not
address regulatory provisions that are
technical or otherwise minor in effect.
Part 604—Federal-State Relationship
Agreements
Statute: Section 1203 of the HEA, as
amended by the Education
Amendments of 1980, established the
procedure for State participation in the
Continuing Education Outreach
Program, the State Student Incentive
Grant Program (currently the Leveraging
Educational Assistance Partnership
Program (LEAP) Program), and the
Undergraduate Academic Facilities
Program. States wishing to participate in
these programs were required to enter
into a Federal-State Relationship
Agreement with the Secretary. The
agreement had to contain assurances,
and the means by which they would be
met, relating to administration, financial
management, treatment of applicants,
supplement, not supplant requirements,
and planning. The provisions of the
agreement could not supersede any
reporting requirements established by
the applicable programs.
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