[Federal Register: October 31, 2002 (Volume 67, Number 211)]
[Rules and Regulations]               
[Page 66519-66521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Part IV

Department of Education


34 CFR Part 668

Student Assistance General Provisions; Final Rule

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34 CFR Part 668

Student Assistance General Provisions

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final regulations.


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 

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 

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 

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: 
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    You may also view this document in PDF format at the following 
site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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://

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:


    1. The authority citation for part 668 continues to read as 

    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]