Federal Register - May 14, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations administering and disbursing the funds.
We expect that the 2,586 estimated small entities allocated funds for this purpose under the CARES Act, CRRSAA, and ARP will spend a total of 5,172 hours totaling $242,412 at a wage
rate of $46.87 13 for postsecondary administrators to administer the distribution of the relief.
Table 5 shows the allocations of funds to small entities by sector, with any institution for which there was no small
business indicator available considered a small entity. As for all institutions, the allocations of funds to specific small institutions are available on the Departments CARES website,14
CRRSAA website,15 and ARP website.
TABLE 5SUMMARY OF ALLOCATIONS OF a1 AND a4 FUNDS TO SMALL ENTITIES BY SECTOR
Source
Private
Non-Profit
CARES Act
CRRSAA
ARP
CARES Act
CRRSAA
ARP
CARES Act
CRRSAA
ARP
CARES Act
CRRSAA
ARP
Public
Proprietary
Total
Because institutions control the distribution of the funds to eligible students and have flexibility to establish a process suitable to their circumstances, no alternatives were considered specifically for small entities.
Paperwork Reduction Act of 1995
khammond on DSKJM1Z7X2PROD with RULES2
Sum of total allocation
Sector
As part of its continuing effort to reduce paperwork and respondent burden, the Department provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information, in accordance with the Paperwork Reduction Act of 1995 PRA
44 U.S.C. 3506c2A. This helps ensure that: The public understands the Departments collection instructions, respondents can provide the requested data in the desired format, reporting burden time and financial resources is minimized, collection instruments are clearly understood, and the Department can properly assess the impact of collection requirements on respondents.
In the IFR, the Department interpreted, for purposes of determining eligibility for the CARES Act funds, the term student, to mean a person who is eligible under section 484 of the HEA
to receive title IV aid, as suggested by 13 Bureau of Labor Statistics, Occupational Employment and Wage Statistics, May 2020
National Occupational Employment and Wage Estimates Outlook HandbookManagement OccupationsPostsecondary Administrators,
VerDate Sep<11>2014
17:44 May 13, 2021
Jkt 253001
1,696,561,228
295,300,392
512,382,528
888,878,308
1,243,353,304
266,608,121
204,286,897
772,458,286
554,759,869
57,474,850
307,916,595
189,368,424
3,494,674,401
619,383,363
1,024,586,020
1,850,705,018
Sum of minimum award to students
Sum of maximum award to institutions
248,701,847
14,346,167
166,085,661
68,270,019
602,193,954
133,304,213
68,130,854
400,758,887
431,554,396
28,737,500
307,916,595
94,900,301
1,282,450,197
176,387,880
542,133,110
563,929,207
675,401,095
280,954,225
346,296,867
48,150,003
641,159,350
133,303,908
136,156,043
371,699,399
123,205,473
28,737,350
0
94,468,123
1,439,765,918
442,995,483
482,452,910
514,317,525
the references to title IV in the context of section 18004.
Based on comments received on the IFR and further review of the CARES
Act, including in light of legal challenges, the Department has been persuaded that this definition was too prescriptive. In this final rule the Department has modified the definition of a student, for the purposes of receiving emergency financial aid grants under the Higher Education Emergency Relief Fund programs as originally enacted under the CARES Act, to be an individual who is or was enrolled at an eligible institution on or after the date of declaration of the national emergency concerning the novel coronavirus disease. The change in the definition of a student for these purposes is also supported in subsequent passage of the CRRSAA and ARP. Please refer to the supplementary information and Analysis of Comments and Changes earlier in this preamble for further information.
Some commenters challenged the estimates of hours and costs from the IFR, mostly on the basis that they were too low or did not account for necessary steps. Because the revised definition of student in this final rule no longer necessitates a more detailed review of student eligibility for funding, there has
been no change to the estimated burden on institutions from the IFR. We continue to believe that many institutions expanded their current financial aid appeals process and utilize that framework to receive requests for COVID19 assistance from eligible students. We maintain the estimate that each institution that received an allocation required five hours to set up any new form for students to complete and establish review and recordkeeping processes. The estimated burden for the 1,651 private institutions remains 8,255
hours 1,651 5 hours. The estimated burden for the 1,641 proprietary institutions remains 8,205 hours 1,641
5 hours. The estimated burden for the 1,844 public institutions remains 9,220
1,844 5 hours. The total burden to all institutions receiving an allocation of funds remains 25,680 hours 5,136
institutions 5 hours.
Because the definition of student has been broadened in this final rule, the universe of students eligible to receive funds has been recalculated.
Using the unduplicated head count for 20182019 as reported by IPEDS, the number of enrolled students is calculated at 26,685,592. We estimate that 60 percent, or 16,011,355 of those eligible students may request additional aid from their institution based on
201920 median hourly wage. Available at https
https www.bls.gov/oes/current/oes_nat.htm110000. Last accessed April 13, 2021.
14 Available at https www2.ed.gov/about/
offices/list/ope/allocationstableinstitutional portion.pdf.
15 Available at https www2.ed.gov/about/
offices/list/ope/crrsaa.html.
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