[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Rules and Regulations]
[Pages 9682-9683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4718]
[[Page 9681]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
24 CFR Part 570
Hispanic-Serving Institutions Work Study Program; Final Rule
Federal Register / Vol. 63, No. 37 / Wednesday, February 25, 1998 /
Rules and Regulations
[[Page 9682]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 570
[Docket No. FR-4269-I-01]
RIN 2528-AA07
Hispanic-Serving Institutions Work Study Program
AGENCY: Office of the Assistant Secretary for Policy Development and
Research, HUD.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: On April 9, 1997, HUD published a final rule for the Hispanic-
serving Institutions Work Study Program (HSI-WSP). That rule
established, among other things, eligibility for the program.
Eligibility was limited to certain public and private non-profit two-
year institutions of higher education. This interim rule broadens
eligibility to a larger universe of these institutions.
DATES: Effective Date: March 27, 1998.
Comment Due Date: April 27, 1998.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Rules Docket Clerk, Office of General Counsel, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW, Washington, DC 20410-0500. Communications should refer to the above
docket number and title. Facsimile (FAX) comments are not acceptable. A
copy of each communication submitted will be available for public
inspection and copying between 7:30 a.m. and 5:30 p.m. weekdays at the
above address.
FOR FURTHER INFORMATION CONTACT: Jane Karadbil, Office of University
Partnerships. U.S. Department of Housing and Urban Development, Room
8110, 451 Seventh Street, SW, Washington, DC 20410, telephone (202)
708-1537, extension 218. Hearing-or speech-impaired individuals may
call HUD's TTY number, (202) 708-1455, or 1-800-877-8399 (Federal
Information Relay Service TTY). (Other than the ``800'' number, these
are not toll-free numbers.) Ms. Karadbil can also be contacted via the
Internet at Jane__.R.__K[email protected].
SUPPLEMENTARY INFORMATION:
I. Paperwork Reduction Act
The information collection requirements contained in this interim
rule were submitted to the Office of Management and Budget (OMB) for
review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520)
and have been assigned OMB control number 2528-0182. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless the collection displays a valid
control number.
II. Background
The HSI-WSP is authorized by section 107(c) of the Housing and
Community Development Act of 1974, as amended (42 U.S.C. 5307, 88 Stat.
647). This section provides authority to ``* * * make grants to
institutions of higher education * * * for the purposes of providing
assistance to economically disadvantaged and minority students who
participate in community development work study programs and are
enrolled in full-time * * * undergraduate programs in community or
economic development, community planning, or community management.''
On April 9, 1997 (62 FR 17492), HUD issued a final rule governing
the program. The final rule limited eligibility for HUD's HSI-WSP to
certain Hispanic-serving Institutions (HSIs). Specifically, only public
or private institutions of higher education that offer two-year
associate degrees and qualify as HSIs are eligible for HSI-WSP. While
the statute authorizing the program does not require it, HUD decided to
determine eligibility by using the definition of an HSI contained in
section 316 of the Higher Education Amendments of 1992 (20 U.S.C.
1059c; 106 Stat. 448, 473). The Act defines an HSI as: an institution
that has an enrollment of undergraduate full-time students that is at
least 25 percent Hispanic; in which not less than 50 percent of the
Hispanic students are low-income individuals (i.e., 150 percent of the
poverty level) who are first generation college students (i.e., whose
parent(s) did not complete a baccalaureate degree) and another 25
percent are either low-income individuals or first generation college
students. The U.S. Department of Education determines the eligibility
of specific institutions as HSIs and issues a list of institutions
meeting this definition. HUD's final rule noted that a list of HSI-WSP-
eligible community colleges that are included in the U.S. Department of
Education's list of HSIs would appear with each Notice of Funding
Availability (NOFA) for the program. Only institutions on this list, or
HSI-WSP-eligible institutions subsequently added to the U.S. Department
of Education's list prior to that NOFA's application deadline, are
eligible to apply for HSI-WSP funds.
III. A Change in the Procedure To Determine Eligibility
HUD has decided to eliminate the use of the U.S. Department of
Education's list to determine eligibility and, instead, allow
institutions to certify that they meet the statutory definition.
The process for an institution to be put on the U.S. Department of
Education's list has several steps. First, an institution must apply
for and receive Title III (of the Higher Education Amendments of 1992).
(This eligibility applies to a broader universe of institutions, not
just HSIs, and allows these institutions to compete for Title III
grants.) Second, with this eligibility, an institution must apply for
the U.S. Department of Education's Hispanic-serving Institutions
Program (which is a capacity building program for institutions of
higher education, not a work study program). Third, the U.S. Department
of Education must receive, as part of the application for their HSI
program, a certification from the institution that it meets the
statutory HSI definition. Fourth, as a result of this certification,
the U.S. Department of Education puts the institution on its HSI list.
Based on the language in the HSI-WSP final rule, only when all of these
steps have occurred is the institution eligible for HUD's HSI-WSP.
HUD's use of the U.S. Department of Education's list means that
some Hispanic-serving institutions are not eligible for HSI-WSP for one
of two reasons. First, institutions that meet the eligibility
requirements but do not apply for the U.S. Department of Education's
program (and are therefore not on the U.S. Department of Education's
list) cannot apply for the HUD program. Second, because the U.S.
Department of Education had no funding for new grants for its HSI
Program in FY 1996, FY 1997, and FY 1998, there was no call for
applications for three years, and, thus, no additional determinations
of HSI eligibility which could be added to the list of HSIs that
Department produces. HUD has determined that it may be unfairly
penalizing institutions if it relies on a potentially out-of-date and
overly restrictive eligibility list. HUD has, therefore, decided not to
base eligibility on the U.S. Department of Education's list, but
instead allow applicants to certify to HUD that they are eligible to
apply for the HSI-WSP.
IV. Justification for an Interim Rule
In general, HUD publishes a rule for public comments before issuing
a rule for effect, in accordance with its own regulations on
rulemaking, 24 CFR part 10. However, part 10 does provide for
[[Page 9683]]
exceptions from the general rule where the Department finds good cause
to omit advance notice and public participation. The good cause
requirement is satisfied when prior public procedure is
``impracticable, unnecessary, or contrary to the public interest.'' (24
CFR 10.1)
The Department finds that good cause exists to publish this rule
for effect without first soliciting public comment, in that prior
public procedure is contrary to the public interest. The purpose of the
rule is to expand eligibility to additional institutions of higher
education. If the rule were issued for public comment, it could not
take effect before the next round of competition, preventing otherwise
eligible schools from competing. This, in turn, would deny eligible
students from entering these community colleges and moving on to
careers in community building. Although the rule will take effect 30
days from the date of publication, HUD solicits comments from the
public on this interim rule.
V. Findings and Certifications
Environmental Impact
In accordance with 24 CFR 50.19(b)(9) of the HUD regulations, the
policies and procedures contained in this rule relate only to training
grants and technical assistance, and therefore, are categorically
excluded from the requirements of the National Environmental Policy
Act.
Regulatory Flexibility
The Secretary, in accordance with the Regulatory Flexibility Act (5
U.S.C. 605(b)), has reviewed and approved this interim rule, and in so
doing, certifies that it will not have a significant economic impact on
a substantial number of small entities. The rule only affects
applicants and participants in the Hispanic-Serving Institutions Work
Study Program and will not have any meaningful economic impact on any
other entity.
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
and procedures contained in this rule will not have substantial direct
effects on States or their political subdivisions, or the relationship
between the Federal government and the States, or on the distribution
of power and responsibilities among the various levels of government.
As a result, the rule is not subject to review under the Order.
Specifically, the rule solicits participation by institutions of higher
education in creating community development work study programs for
some of their economically disadvantaged and minority students. The
rule does not impinge upon the relationships between the Federal
government and State or local governments.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal
agencies to assess the effects of their regulatory actions on State,
local, and tribal governments, and on the private sector. This interim
rule would not impose any Federal mandates on any State, local, or
tribal governments, or on the private sector, within the meaning of the
UMRA.
The Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance program number is
14.513.
List of Subjects in 24 CFR Part 570
Administrative practice and procedure, American Samoa, Community
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Lead poisoning, Loan
programs--housing and community development, Low and moderate income
housing, New communities, Northern Mariana Islands, Pacific Islands
Trust Territory, Pockets of poverty, Puerto Rico, Reporting and
recordkeeping requirements, Small cities, Student aid, Virgin Islands.
Accordingly, 24 CFR part 570, subpart E is amended as follows:
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
Subpart E--Special Purpose Grants
1. The authority citation for part 570 continues to read as
follows:
Authority: 42 U.S.C. 3535(d) and 5300-5320.
2. Section 570.416 is amended by revising the definition of
``Hispanic-serving institution'' in paragraph (b) to read as follows:
Sec. 570.416 Hispanic-serving institutions work study program.
* * * * *
(b) Definitions. * * *
* * * * *
Hispanic-serving institution is an institution of higher education
that certifies to the satisfaction of the Secretary that it meets the
criteria set out at 20 U.S.C. 1059c(b)(1), including the following: An
institution that has an enrollment of undergraduate full-time students
that is at least 25 percent Hispanic; in which not less than 50 percent
of the Hispanic students are low-income individuals (i.e., their
families' taxable income for the preceding year did not exceed 150
percent of the poverty level) who are first generation college
students; and in which another 25 percent are either low-income
individuals or first generation college students.
* * * * *
Dated: January 22, 1998.
Paul A. Leonard,
Deputy Assistant Secretary for Policy Development.
[FR Doc. 98-4718 Filed 2-24-98; 8:45 am]
BILLING CODE 4210-62-P