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



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.


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-

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 

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 
    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.gpo.gov/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:


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

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

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]