[Federal Register Volume 63, Number 175 (Thursday, September 10, 1998)]
[Rules and Regulations]
[Pages 48437-48438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24286]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 570

[Docket No. FR-4269-F-01]
RIN 2528-AA06


Hispanic-Serving Institutions Work Study Program

AGENCY: Office of the Assistant Secretary for Policy Development and 
Research, HUD.

ACTION: Final rule.

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SUMMARY: On February 25, 1998, HUD published an interim rule that 
broadened the eligibility for public and private non-profit two-year 
institutions of higher education to participate in the Hispanic-serving 
Institutions Work Study Program (HSI-WSP). This final rule makes final 
that interim rule without changes.

EFFECTIVE DATE: October 13, 1998.

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, D.C. 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].


[[Page 48438]]


SUPPLEMENTARY INFORMATION:

I. Paperwork Reduction Act

    The information collection requirements contained in this final 
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 Hispanic-serving Institutions Work Study Program (HSI-WSP), 
which 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), 
makes 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 
only public or private institutions of higher education that offer two-
year associate degrees and qualify as HSIs. While the statute 
authorizing the program does not require it, HUD decided to determine 
qualification 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). Under that definition, an HSI is an institution that 
has an enrollment of undergraduate full-time students that is at least 
25 percent Hispanic, of 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 the list, or 
HSI-WSP-eligible institutions subsequently added to the list prior to 
that NOFA's application deadline, were eligible to apply for HSI-WSP 
funds.
    Through issuance of an interim rule on February 25, 1998 (63 FR 
9682), HUD eliminated the use of the U.S. Department of Education's 
list to determine eligibility and, instead, allowed 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 is a 
multi-step process, and HUD's use of the list meant that some Hispanic-
serving institutions were not eligible for HUD's HSI-WSP. HUD 
determined that it might have been unfairly penalizing institutions if 
it relied on a potentially out-of-date and overly restrictive 
eligibility list. HUD decided, therefore, not to base eligibility on 
the U.S. Department of Education's list, but instead to allow 
applicants to certify to HUD that they are eligible to apply for the 
HSI-WSP.
    The February 25, 1998 interim rule provided for a 60-day public 
comment period. No comments were received. Accordingly, this rule makes 
final the interim rule as it was published on February 25, 1998.

III. 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 final 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 final 
rule does 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, the interim rule published on February 25, 1998, at 63 
FR 9682, is adopted as final.

    Dated: September 2, 1998.
Xavier D. Briggs,
Deputy Assistant Secretary for Research, Evaluation and Monitoring.
[FR Doc. 98-24286 Filed 9-9-98; 8:45 am]
BILLING CODE 4269-01-P