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Thursday,
October 31, 2002
Part IV
Department of
Education
34 CFR Part 668
Student Assistance General Provisions;
Final Rule
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66520 Federal Register / Vol. 67, No. 211 / Thursday, October 31, 2002 / Rules and Regulations
DEPARTMENT OF EDUCATION Waiver of Proposed Rulemaking and Document Format (PDF) on the Internet
Negotiated Rulemaking at the following site: http://www.ed.gov/
34 CFR Part 668 Under the Administrative Procedure legislation/FedRegister.
Act (5 U.S.C. 553) the Department To use PDF you must have Adobe
Student Assistance General Provisions Acrobat Reader, which is available free
generally offers interested parties the
opportunity to comment on proposed at this site. If you have questions about
AGENCY: Office of Postsecondary using PDF, call the U.S. Government
Education, Department of Education. regulations. However, these regulations
merely reflect statutory changes to the Printing Office (GPO), toll free, at 1
ACTION: Final regulations. HEA and needed technical corrections. 8882936498; or in the Washington,
The changes do not establish or affect DC, area at (202) 5121530.
SUMMARY: The Secretary amends the substantive policy. The Secretary has You may also view this document in
Student Assistance General Provisions concluded that these regulations are PDF format at the following site:
regulations to reflect changes made to technical in nature and do not http://ifap.ed.gov.
the Higher Education Act of 1965, as necessitate public comment. Therefore, Note: The official version of this document
amended (HEA), by the Campus Sex under 5 U.S.C. 553(b)(B) the Secretary is the document published in the Federal
Crimes Prevention Act and to make a finds that such a solicitation would be Register. Free Internet access to the official
technical correction. The regulations unnecessary and contrary to the public edition of the Federal Register and the Code
clarify that institutions must include a of Federal Regulations is available on GPO
interest. In addition, the Secretary also
new disclosure in their annual security Access at: http://www.access.gpo.gov/nara/
has decided to waive the 30-day delay index.html.
reports that are due by October 1, 2003. in the effective date of these regulatory
DATES: These regulations are effective changes under 5 U.S.C. 553(d)(3). List of Subjects in 34 CFR Part 668
October 31, 2002. For the same reasons, the Secretary
has determined, under section 492(b)(2) Administrative practice and
FOR FURTHER INFORMATION CONTACT: of the Higher Education Act of 1965, as procedure, Colleges and universities,
David Bergeron, U.S. Department of amended, that these regulations should Consumer protection, Education, Grant
Education, 1990 K Street, NW. (8th not be subject to negotiated rulemaking. programs--education, Loan programs--
Floor), Washington, DC 20006. education, Reporting and recordkeeping
Telephone: (202) 5027815. Regulatory Flexibility Act Certification requirements, Student aid, Vocational
If you use a telecommunications The Secretary certifies that these education.
device for the deaf (TDD), you may call regulations will not have a significant Dated: October 25, 2002.
the Federal Information Relay Service economic impact on a substantial Sally L. Stroup,
(FIRS) at 18008778339. number of small entities. These Assistant Secretary, Office of Postsecondary
regulations will affect certain Education.
Individuals with disabilities may
institutions of higher education that
obtain this document in an alternative For the reasons discussed in the
participate in Title IV, HEA programs.
format (e.g., Braille, large print, preamble, the Secretary amends part
The U.S. Small Business Administration
audiotape, or computer diskette) on 668 of title 34 of the Code of Federal
(SBA) Size Standards define these
request to the contact person listed Regulations as follows:
institutions as ``small entities'' if they
under FOR FURTHER INFORMATION
are for-profit or nonprofit institutions PART 668--STUDENT ASSISTANCE
CONTACT.
with total annual revenue below GENERAL PROVISIONS
SUPPLEMENTARY INFORMATION: The final $5,000,000 or if they are institutions
regulations add a new paragraph, controlled by governmental entities 1. The authority citation for part 668
§ 668.46(b)(12), to reflect a self- with populations below 50,000. A continues to read as follows:
implementing change to section relatively small number of the 6,000 Authority: 20 U.S.C. 1001, 1002, 1003,
485(f)(1) of the HEA that was made by institutions of higher education 1085, 1091, 1091b, 1092, 1094, 1099c, and
the Campus Sex Crimes Prevention Act participating in the Title IV, HEA 1099c1, unless otherwise noted.
(section 1601 of Public Law 106386). programs meet the SBA definition of 2. Section 668.46 is amended--
The Campus Sex Crimes Prevention Act ``small entities.'' The technical A. In paragraph (a), in the definition
adds a new disclosure to the list of corrections and changes will not have a of ``Referred for campus disciplinary
disclosures an institution must provide significant economic impact on any of action'', by removing the word
in its annual security report to students the institutions affected. ``student'' and adding, in its place,
and staff. In this new disclosure, an ``person''.
Paperwork Reduction Act of 1995
institution must inform members of the B. By adding a new paragraph (b)(12).
campus community of the means by These regulations do not contain any The addition reads as follows:
which they can obtain information information collection requirements.
§ 668.46 Institutional security policies and
about registered sex offenders who may Assessment of Educational Impact crime statistics.
be present on campus. This change to Based on our own review, we have * * * * *
the HEA is effective on October 28, determined that these final regulations (b) * * *
2002. The regulations clarify that do not require transmission of (12) Beginning with the annual
institutions must include this new information that any other agency or security report distributed by October 1,
disclosure in their annual security authority of the United States gathers or 2003, a statement advising the campus
reports that are due by October 1, 2003. makes available. community where law enforcement
The final regulations correct an error agency information provided by a State
in the definition of ``Referred for Electronic Access to This Document under section 170101(j) of the Violent
campus disciplinary action'', in You may view this document, as well Crime Control and Law Enforcement
§ 668.46(a), to reflect the language of the as all other Department of Education Act of 1994 (42 U.S.C. 14071(j)),
HEA, by changing the word ``student'' to documents published in the Federal concerning registered sex offenders may
``person''. Register, in text or Adobe Portable be obtained, such as the law
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Federal Register / Vol. 67, No. 211 / Thursday, October 31, 2002 / Rules and Regulations 66521
enforcement office of the institution, a jurisdiction for the campus, or a
local law enforcement agency with computer network address.
* * * * *
[FR Doc. 0227599 Filed 103002; 8:45 am]
BILLING CODE 400001P
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