82 FR 6252 - Family Educational Rights and Privacy Act

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range		6252-6253
FR Document		2017-00958

The Secretary amends the Family Educational Rights and Privacy Act (FERPA) regulations to change the name of the office designated enforcement functions by the Secretary from the Family Policy Compliance Office to the Office of the Chief Privacy Officer. The purpose of this amendment is to reflect additional resources committed to protecting student privacy and to increase internal efficiency.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)

[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6252-6253]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00958]


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DEPARTMENT OF EDUCATION

34 CFR Part 99


Family Educational Rights and Privacy Act

AGENCY: Office of the Chief Privacy Officer, Office of Management, 
Department of Education.

ACTION: Final rule.

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SUMMARY: The Secretary amends the Family Educational Rights and Privacy 
Act (FERPA) regulations to change the name of the office designated 
enforcement functions by the Secretary from the Family Policy 
Compliance Office to the Office of the Chief Privacy Officer. The 
purpose of this amendment is to reflect additional resources committed 
to protecting student privacy and to increase internal efficiency.

DATES: These regulations are effective February 21, 2017.

FOR FURTHER INFORMATION CONTACT: Kathleen Styles, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 2E315, Washington, DC 20202. 
Telephone: (855) 249-3072 or via email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: FERPA, 20 U.S.C. 1232g(g), requires the 
Secretary to establish or designate an office within the Department of 
Education (Department) for the purpose of investigating, processing, 
reviewing, and adjudicating violations and complaints. As part of an 
expansion of student privacy operations at the Department, the 
designated office will change from the Family Policy Compliance Office 
to the Office of the Chief Privacy Officer. This change will not 
directly impact the public. This change is being made:
    1. To allow the Department to more effectively make use of new 
resources dedicated to student privacy;
    2. To permit efficiencies relating to specialization of work; and
    3. To clarify responsibilities within the Department.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed these regulations under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and

[[Page 6253]]

    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing these final regulations only on a reasoned 
determination that their benefits justify their costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that maximize net benefits. Based on the analysis that follows, the 
Department believes that these final regulations are consistent with 
the principles in Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs associated 
with this regulatory action are those resulting from statutory 
requirements and those we have determined as necessary for 
administering the Department's programs and activities.
    Upon review of the cost, we have determined there is no financial 
or resource burden associated with these changes.

Waiver of Proposed 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 amendments merely 
reflect changes in internal organization and procedure. The changes do 
not establish or affect substantive policy. Therefore, under 5 U.S.C. 
553(b)(B), the Secretary has determined that proposed regulations are 
unnecessary and contrary to the public interest.

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 contain technical changes to current regulations. The 
changes will not have a significant economic impact on any of the 
entities affected because the regulations do not impose excessive 
burdens or require unnecessary Federal supervision.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

Intergovernmental Review

    This program is not subject to Executive Order 12372 and the 
regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities may obtain this 
document in an alternative format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

List of Subjects in 34 CFR Part 99

    Administrative practice and procedure, Privacy, Reporting and 
recordkeeping requirements, Students.

Denise L. Carter,
Acting Assistant Secretary for Management.

    For the reasons discussed in the preamble, the Secretary amends 
title 34 of the Code of Federal Regulations as follows:

PART 99--FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

0
1. The authority citation for part 99 continues to read as follows:

    Authority: 20 U.S.C. 1232g, unless otherwise noted.


0
2. Amend Sec.  99.60 paragraph (a) by removing ``Family Policy 
Compliance Office'' and adding, in its place, ``Office of the Chief 
Privacy Officer''.

[FR Doc. 2017-00958 Filed 1-18-17; 8:45 am]
BILLING CODE 4000-01-P

6252 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

§ 165.T01–1088 Safety Zone; Pleasure Dated: December 29, 2016. Executive Orders 12866 and 13563
Beach Bridge, Bridgeport, CT. A.E. Tucci,
(a) Location. The following area is a Regulatory Impact Analysis
Captain, U.S. Coast Guard, Captain of the
safety zone: All navigable waters of the Port Sector Long Island Sound. Under Executive Order 12866, the
entrance channel to Johnsons Creek in [FR Doc. 2017–01068 Filed 1–18–17; 8:45 am] Secretary must determine whether this
the vicinity of Pleasure Beach Bridge, BILLING CODE 9110–04–P regulatory action is ‘‘significant’’ and,
Bridgeport, CT bound inside an area therefore, subject to the requirements of
that starts at a point on land at position the Executive order and subject to
41°10′02.964″ N., 073°10′08.148″ W. and review by the Office of Management and
then east along the shoreline to a point DEPARTMENT OF EDUCATION Budget (OMB). Section 3(f) of Executive
on land at position 41°09′57.996″ N., Order 12866 defines a ‘‘significant
073°09′54.324″ W. and then south 34 CFR Part 99 regulatory action’’ as an action likely to
across the channel to a point on land at result in a rule that may—
position 41°09′52.524″ N., Family Educational Rights and Privacy (1) Have an annual effect on the
073°09′58.861″ W. and then west along Act economy of $100 million or more, or
the shoreline to a point on land at adversely affect a sector of the economy,
position 41°09′52.776″ N., AGENCY: Office of the Chief Privacy
productivity, competition, jobs, the
073°10′04.944″ W. and then north across Officer, Office of Management,
environment, public health or safety, or
the channel back to the point of origin. Department of Education.
State, local, or tribal governments or
(b) Enforcement Period. This section ACTION: Final rule. communities in a material way (also
will be enforced from 12:00 a.m. on referred to as an ‘‘economically
January 1, 2017 to 12:00 a.m. June 30, SUMMARY: The Secretary amends the significant’’ rule);
2017. Family Educational Rights and Privacy (2) Create serious inconsistency or
(c) Definitions. The following Act (FERPA) regulations to change the otherwise interfere with an action taken
definitions apply to this section: A name of the office designated or planned by another agency;
‘‘designated representative’’ is any enforcement functions by the Secretary (3) Materially alter the budgetary
commissioned, warrant, or petty officer from the Family Policy Compliance impacts of entitlement grants, user fees,
of the U.S. Coast Guard who has been Office to the Office of the Chief Privacy or loan programs or the rights and
designated by the Captain of the Port Officer. The purpose of this amendment obligations of recipients thereof; or
(COTP), Sector Long Island Sound, to is to reflect additional resources
(4) Raise novel legal or policy issues
act on his or her behalf. The designated committed to protecting student privacy
arising out of legal mandates, the
representative may be on an official and to increase internal efficiency.
President’s priorities, or the principles
patrol vessel or may be on shore and DATES: These regulations are effective stated in the Executive order.
will communicate with vessels via February 21, 2017. This final regulatory action is not a
VHF–FM radio or loudhailer. ‘‘Official
FOR FURTHER INFORMATION CONTACT: significant regulatory action subject to
patrol vessels’’ may consist of any Coast
Kathleen Styles, U.S. Department of review by OMB under section 3(f) of
Guard, Coast Guard Auxiliary, state, or
Education, 400 Maryland Avenue SW., Executive Order 12866.
local law enforcement vessels assigned
Room 2E315, Washington, DC 20202. We have also reviewed these
or approved by the COTP Sector Long
Telephone: (855) 249–3072 or via email: regulations under Executive Order
Island Sound. In addition, members of
privacyTA@ed.gov. 13563, which supplements and
the Coast Guard Auxiliary may be
If you use a telecommunications explicitly reaffirms the principles,
present to inform vessel operators of
device for the deaf (TDD) or a text structures, and definitions governing
this regulation.
(d) Regulations. (1) The general telephone (TTY), call the Federal Relay regulatory review established in
regulations contained in 33 CFR 165.23 Service (FRS), toll free, at 1–800–877– Executive Order 12866. To the extent
apply. 8339. permitted by law, Executive Order
(2) In accordance with the general 13563 requires that an agency—
SUPPLEMENTARY INFORMATION: FERPA, 20 (1) Propose or adopt regulations only
regulations in 33 CFR 165.23, entry into U.S.C. 1232g(g), requires the Secretary
or movement within this zone is on a reasoned determination that their
to establish or designate an office within benefits justify their costs (recognizing
prohibited unless authorized by the the Department of Education
COTP, Long Island Sound. that some benefits and costs are difficult
(Department) for the purpose of to quantify);
(3) Operators desiring to enter or
investigating, processing, reviewing, (2) Tailor its regulations to impose the
operate within the safety zone should
and adjudicating violations and least burden on society, consistent with
contact the COTP Sector Long Island
complaints. As part of an expansion of obtaining regulatory objectives and
Sound at 203–468–4401 (Sector Sector
student privacy operations at the taking into account—among other things
Long Island Sound Command Center) or
Department, the designated office will and to the extent practicable—the costs
the designated representative via VHF
change from the Family Policy of cumulative regulations;
channel 16 to obtain permission to do
Compliance Office to the Office of the (3) In choosing among alternative
so.
(4) Any vessel given permission to Chief Privacy Officer. This change will regulatory approaches, select those
enter or operate in the safety zone must not directly impact the public. This approaches that maximize net benefits
asabaliauskas on DSK3SPTVN1PROD with RULES

comply with all directions given to change is being made: (including potential economic,
them by the COTP Sector Long Island 1. To allow the Department to more environmental, public health and safety,
Sound, or the designated on-scene effectively make use of new resources and other advantages; distributive
representative. dedicated to student privacy; impacts; and equity);
(5) Upon being hailed by a U.S. Coast 2. To permit efficiencies relating to (4) To the extent feasible, specify
Guard vessel by siren, radio, flashing specialization of work; and performance objectives, rather than the
light or other means, the operator of the 3. To clarify responsibilities within behavior or manner of compliance a
vessel shall proceed as directed. the Department. regulated entity must adopt; and

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Document Created: 2018-02-01 15:16:39
Document Modified: 2018-02-01 15:16:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		These regulations are effective February 21, 2017.
Contact		Kathleen Styles, U.S. Department of Education, 400 Maryland Avenue SW., Room 2E315, Washington, DC 20202. Telephone: (855) 249-3072 or via email: [email protected]
FR Citation		82 FR 6252
CFR Associated		Administrative Practice and Procedure; Privacy; Reporting and Recordkeeping Requirements and Students