[Federal Register Volume 67, Number 211 (Thursday, October 31, 2002)]
[Rules and Regulations]
[Pages 66520-66521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27599]
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Part IV
Department of Education
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34 CFR Part 668
Student Assistance General Provisions; Final Rule
Federal Register / Vol. 67, No. 211 / Thursday, October 31, 2002 /
Rules and Regulations
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DEPARTMENT OF EDUCATION
34 CFR Part 668
Student Assistance General Provisions
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the Student Assistance General Provisions
regulations to reflect changes made to the Higher Education Act of
1965, as amended (HEA), by the Campus Sex Crimes Prevention Act and to
make a technical correction. The regulations clarify that institutions
must include a new disclosure in their annual security reports that are
due by October 1, 2003.
DATES: These regulations are effective October 31, 2002.
FOR FURTHER INFORMATION CONTACT: David Bergeron, U.S. Department of
Education, 1990 K Street, NW. (8th Floor), Washington, DC 20006.
Telephone: (202) 502-7815.
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 under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: The final regulations add a new paragraph,
Sec. 668.46(b)(12), to reflect a self-implementing change to section
485(f)(1) of the HEA that was made by the Campus Sex Crimes Prevention
Act (section 1601 of Public Law 106-386). The Campus Sex Crimes
Prevention Act adds a new disclosure to the list of disclosures an
institution must provide in its annual security report to students and
staff. In this new disclosure, an institution must inform members of
the campus community of the means by which they can obtain information
about registered sex offenders who may be present on campus. This
change to the HEA is effective on October 28, 2002. The regulations
clarify that institutions must include this new disclosure in their
annual security reports that are due by October 1, 2003.
The final regulations correct an error in the definition of
``Referred for campus disciplinary action'', in Sec. 668.46(a), to
reflect the language of the HEA, by changing the word ``student'' to
``person''.
Waiver of Proposed Rulemaking and 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 statutory changes to the HEA and needed technical corrections.
The changes do not establish or affect substantive policy. The
Secretary has concluded that these regulations are technical in nature
and do not necessitate public comment. Therefore, under 5 U.S.C.
553(b)(B) the Secretary finds that such a solicitation would be
unnecessary and contrary to the public interest. In addition, the
Secretary also has decided to waive the 30-day delay in the effective
date of these regulatory changes under 5 U.S.C. 553(d)(3).
For the same reasons, the Secretary has determined, under section
492(b)(2) of the Higher Education Act of 1965, as amended, that these
regulations should not be subject to negotiated rulemaking.
Regulatory Flexibility Act Certification
The Secretary certifies that these regulations will not have a
significant economic impact on a substantial number of small entities.
These regulations will affect certain institutions of higher education
that participate in Title IV, HEA programs. The U.S. Small Business
Administration (SBA) Size Standards define these institutions as
``small entities'' if they are for-profit or nonprofit institutions
with total annual revenue below $5,000,000 or if they are institutions
controlled by governmental entities with populations below 50,000. A
relatively small number of the 6,000 institutions of higher education
participating in the Title IV, HEA programs meet the SBA definition of
``small entities.'' The technical corrections and changes will not have
a significant economic impact on any of the institutions affected.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Assessment of Educational 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, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/legislation/FedRegister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
You may also view this document in PDF format at the following
site: http://ifap.ed.gov.
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.
List of Subjects in 34 CFR Part 668
Administrative practice and procedure, Colleges and universities,
Consumer protection, Education, Grant programs--education, Loan
programs--education, Reporting and recordkeeping requirements, Student
aid, Vocational education.
Dated: October 25, 2002.
Sally L. Stroup,
Assistant Secretary, Office of Postsecondary Education.
For the reasons discussed in the preamble, the Secretary amends
part 668 of title 34 of the Code of Federal Regulations as follows:
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS
1. The authority citation for part 668 continues to read as
follows:
Authority: 20 U.S.C. 1001, 1002, 1003, 1085, 1091, 1091b, 1092,
1094, 1099c, and 1099c-1, unless otherwise noted.
2. Section 668.46 is amended--
A. In paragraph (a), in the definition of ``Referred for campus
disciplinary action'', by removing the word ``student'' and adding, in
its place, ``person''.
B. By adding a new paragraph (b)(12).
The addition reads as follows:
Sec. 668.46 Institutional security policies and crime statistics.
* * * * *
(b) * * *
(12) Beginning with the annual security report distributed by
October 1, 2003, a statement advising the campus community where law
enforcement agency information provided by a State under section
170101(j) of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14071(j)), concerning registered sex offenders may be
obtained, such as the law
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enforcement office of the institution, a local law enforcement agency
with jurisdiction for the campus, or a computer network address.
* * * * *
[FR Doc. 02-27599 Filed 10-30-02; 8:45 am]
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