Proposed Rule2023-02025
Unified Agenda of Federal Regulatory and Deregulatory Actions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 22, 2023
Issuing agencies
Education Department
Abstract
The Secretary of Education publishes a semiannual agenda of Federal regulatory and deregulatory actions. The agenda is issued under the authority of section 4(b) of Executive Order 12866, "Regulatory Planning and Review." The purpose of the agenda is to encourage more effective public participation in the regulatory process by providing the public with early information about the regulatory actions we plan to take.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11218-11220]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02025]
[[Page 11217]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part VI
Department of Education
-----------------------------------------------------------------------
Semiannual Regulatory Agenda
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 11218]]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Office of the Secretary
34 CFR Subtitles A and B
Unified Agenda of Federal Regulatory and Deregulatory Actions
AGENCY: Office of the Secretary, Department of Education.
ACTION: Semiannual Regulatory Agenda.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Education publishes a semiannual agenda of
Federal regulatory and deregulatory actions. The agenda is issued under
the authority of section 4(b) of Executive Order 12866, ``Regulatory
Planning and Review.'' The purpose of the agenda is to encourage more
effective public participation in the regulatory process by providing
the public with early information about the regulatory actions we plan
to take.
FOR FURTHER INFORMATION CONTACT: Questions or comments related to
specific regulations listed in this agenda should be directed to the
agency contact listed for the regulations. Other questions or comments
on this agenda should be directed to Leslie Carter, Program Specialist,
Levon Schlichter, Attorney, or Lynn Mahaffie, Assistant General
Counsel, Division of Regulatory Services, Department of Education, Room
6C128, 400 Maryland Avenue SW, Washington, DC 20202-2241; telephone:
Leslie Carter (202) 401-5939, Levon Schlichter (202) 453-6387, or Lynn
Mahaffie (202) 453-7862. If you are deaf, hard of hearing, or have a
speech disability and wish to access telecommunications relay services,
please dial 7-1-1.
SUPPLEMENTARY INFORMATION: Section 4(b) of Executive Order 12866, dated
September 30, 1993, requires the Department of Education (ED) to
publish, at a time and in a manner specified by the Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget, an agenda of all regulations under development or review.
The Regulatory Flexibility Act, 5 U.S.C. 602(a), requires ED to
publish, in the Spring and Fall of each year, a regulatory flexibility
agenda.
The regulatory flexibility agenda may be combined with any other
agenda that satisfies the statutory requirements (5 U.S.C. 605(a)). In
compliance with the Executive order and the Regulatory Flexibility Act,
the Secretary publishes this agenda.
For each set of regulations listed, the agenda provides the title
of the document, the type of document, a citation to any rulemaking or
other action taken since publication of the most recent agenda, and
planned dates of future rulemaking. In addition, the agenda provides
the following information:
<bullet> An abstract that includes a description of the problem to
be addressed, any principal alternatives being considered, and
potential costs and benefits of the action.
<bullet> An indication of whether the planned action is likely to
have significant economic impact on a substantial number of small
entities as defined by the Regulatory Flexibility Act (5 U.S.C.
601(6)).
<bullet> A reference to where a reader can find the current
regulations in the Code of Federal Regulations.
<bullet> A citation of legal authority.
<bullet> The name, address, and telephone number of the contact
person at ED from whom a reader can obtain additional information
regarding the planned action.
In accordance with ED's Principles for Regulating listed in its
regulatory plan (78 FR 1361, published January 8, 2013), ED is
committed to regulations that improve the quality and equality of
services it provides to its customers. ED will regulate only if
absolutely necessary and then in the most flexible, most equitable, and
least burdensome way possible.
Interested members of the public are invited to comment on any of
the items listed in this agenda that they believe are not consistent
with the Principles for Regulating. Members of the public are also
invited to comment on any uncompleted actions in this agenda that ED
plans to review under section 610 of the Regulatory Flexibility Act (5
U.S.C. 610) to determine their economic impact on small entities.
This publication does not impose any binding obligation on ED with
regard to any specific item in the agenda. ED may elect not to pursue
any of the regulatory actions listed here. Dates of future regulatory
actions are subject to revision in subsequent agendas.
Electronic Access to This Document: The entire Unified Agenda is
published electronically and is available online at <a href="http://www.reginfo.gov">www.reginfo.gov</a>.
Elizabeth Brown,
General Counsel.
Office of Postsecondary Education--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
286....................... Gainful Employment (Reg 1840-AD57
Plan Seq No. 45).
287....................... Factors of Financial 1840-AD64
Responsibility (Section
610 Review).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Office of Postsecondary Education--Completed Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
288....................... Borrower Defense 1840-AD53
(Completion of a Section
610 Review).
289....................... Determining the Amount of 1840-AD55
Federal Education
Assistance Funds Received
by Institutions of Higher
Education (90/10)
(Completion of a Section
610 Review).
290....................... Pell Grants for Prison 1840-AD69
Education Programs;
Determining the Amount of
Federal Education
Assistance Funds Received
by Institutions of Higher
Education (90/10); Change
in Ownership and Change
in Control (Completion of
a Section 610 Review).
------------------------------------------------------------------------
[[Page 11219]]
DEPARTMENT OF EDUCATION (ED)
Office of Postsecondary Eduation (OPE)
Proposed Rule Stage
286. Gainful Employment [1840-AD57]
Regulatory Plan: This entry is Seq. No. 45 in part II of this issue
of the Federal Register.
RIN: 1840-AD57
287. Factors of Financial Responsibility (Section 610 Review) [1840-
AD64]
Legal Authority: 20 U.S.C. 1094 and 1099c; sec. 4 of Pub. L. 95-
452; 92 Stat. 1101-1109
Abstract: The Secretary plans to amend regulations in subpart L of
34 CFR part 668 on institution and program eligibility under the HEA,
including regulations associated with the standards of financial
responsibility an institution must maintain in order to be eligible to
participate in programs under title IV of the HEA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence 05/26/21 86 FR 28299
Negotiated Rulemaking.
NPRM................................ 04/00/23
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gregory Martin, Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136,
Washington, DC 20202, Phone: 202 453-7535, Email:
<a href="/cdn-cgi/l/email-protection#85e2f7e0e2eaf7fcabe8e4f7f1ecebc5e0e1abe2eaf3"><span class="__cf_email__" data-cfemail="95f2e7f0f2fae7ecbbf8f4e7e1fcfbd5f0f1bbf2fae3">[email protected]</span></a>.
RIN: 1840-AD64
DEPARTMENT OF EDUCATION (ED)
Office of Postsecondary Education (OPE)
Completed Actions
288. Borrower Defense (Completion of a Section 610 Review) [1840-AD53]
Legal Authority: 20 U.S.C. 1082(a)(5), (a)(6); 20 U.S.C. 1087(a);
20 U.S.C. 1087e(h); 20 U.S.C. 1221e-3; 20 U.S.C. 1226a-1; 20 U.S.C.
1234(a); 31 U.S.C. 3711
Abstract: The Secretary published final regulations in 34 CFR parts
30, 668, 674, 682, 685, and 686 that determine what acts or omissions
of an institution of higher education a borrower may assert as a
defense to repayment of a loan made under the Federal Direct Loan and
Federal Family Education Loan Programs and specify the consequences of
such borrower defenses for borrowers, institutions, and the Secretary.
Further, the regulations prohibit the mandatory use of class-action
lawsuits and pre-dispute arbitration agreements for matters pertaining
to borrower defense claims by schools receiving title IV assistance
under the Higher Education Act of 1965, as amended (HEA).
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence 05/26/21 86 FR 28299
Negotiated Rulemaking.
NPRM................................ 07/13/22 87 FR 41878
NPRM Comment Period End............. 08/12/22
Final Action........................ 11/01/22 87 FR 65904
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Tamy Abernathy, Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, 2C-232, Washington, DC
20202, Phone: 202 453-5970, Email: <a href="/cdn-cgi/l/email-protection#96e2f7fbefb8f7f4f3e4f8f7e2feefd6f3f2b8f1f9e0"><span class="__cf_email__" data-cfemail="acd8cdc1d582cdcec9dec2cdd8c4d5ecc9c882cbc3da">[email protected]</span></a>.
RIN: 1840-AD53
289. Determining the Amount of Federal Education Assistance Funds
Received by Institutions of Higher Education (90/10) (Completion of a
Section 610 Review) [1840-AD55]
Legal Authority: 20 U.S.C. 1085, 20 U.S.C. 1088; 20 U.S.C. 1091, 20
U.S.C. 1092; 20 U.S.C. 1094, 20 U.S.C. 1099a-3; 20 U.S.C. 1099c
Abstract: To reflect changes to the HEA made by the American Rescue
Plan Act, The Secretary published final regulations that amend the
Student Assistance General Provisions (34 CFR 668.28 Non-Title IV
revenue) governing whether proprietary institutions meet the
requirement in 34 CFR 668.14(b)(16) that institutions receive at least
10 percent of their revenue from sources other than Federal education
assistance funds.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence 10/04/21 86 FR 54666
Negotiated Rulemaking.
NPRM................................ 07/28/22 87 FR 45432
Merged With1840-AD69................ 09/29/22
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Gregory Martin, Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136,
Washington, DC 20202, Phone: 202 453-7535, Email:
<a href="/cdn-cgi/l/email-protection#13746176747c616a3d7e7261677a7d5376773d747c65"><span class="__cf_email__" data-cfemail="5c3b2e393b332e2572313d2e2835321c3938723b332a">[email protected]</span></a>.
RIN: 1840-AD55
290. Pell Grants for Prison Education Programs; Determining the Amount
of Federal Education Assistance Funds Received by Institutions of
Higher Education (90/10); Change in Ownership and Change in Control
(Completion of a Section 610 Review) [1840-AD69]
Legal Authority: 20 U.S.C. 1001-1002; 20 U.S.C. 1070a, 1070a-1,
1070b, 1070c-1, 1070c-2, 1070g; 20 U.S.C. 1085, 1087aa-1087hh, 1088; 20
U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099b and 1099c; 42 U.S.C. 2753;
20 U.S.C. 1085, 20 U.S.C. 1088; 20 U.S.C. 1091, 20 U.S.C. 1092; 20
U.S.C. 1094, 20 U.S.C. 1099a-3; 20 U.S.C. 1099c; 20 U.S.C. 1091; 20
U.S.C. 1099c
Abstract: This action merges the following three prior RINs: RIN
1840-AD54 Pell Grants for Prison Education Programs; 1840-AD55
Determining the Amount of Federal Education Assistance Funds Received
by Institutions of Higher Education (90/10); 1840-AD66 Change in
Ownership and Change in Control.
For Pell Grants for Prison Education Programs, the Consolidated
Appropriation Act, 2021 defines prison education programs for purposes
of Pell Grant eligibility. The Secretary published final regulations
regarding correctional facilities and eligible institutions of higher
education seeking to establish eligibility for the Pell Grant program.
For 90/10, to reflect changes to the HEA made by the American
Rescue Plan Act, the Secretary published regulations that amend the
Student Assistance General Provisions (34 CFR 668.28 Non-Title IV
revenue) governing whether proprietary institutions meet the
requirement in 34 CFR 668.14(b)(16) that institutions receive at least
10 percent of their revenue from sources other than Federal education
assistance funds.
For Changes in Ownership, the Secretary published regulations that
amend provisions regulations in 34 CFR 600.31 on institution and
program eligibility under the HEA, including 34 CFR 600.31, that are
associated with changes in institutional ownership resulting in a
change in control.
[[Page 11220]]
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence 05/26/21 86 FR 28299
Negotiated Rulemaking.
NPRM................................ 07/28/22 87 FR 45432
Final Action........................ 10/28/22 87 FR 65426
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: No.
Agency Contact: Gregory Martin, Department of Education, Office of
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136,
Washington, DC 20202, Phone: 202 453-7535, Email:
<a href="/cdn-cgi/l/email-protection#13746176747c616a3d7e7261677a7d5376773d747c65"><span class="__cf_email__" data-cfemail="b2d5c0d7d5ddc0cb9cdfd3c0c6dbdcf2d7d69cd5ddc4">[email protected]</span></a>.
Aaron Washington, Department of Education, Office of Postsecondary
Education, 400 Maryland Avenue SW, Room 294-12, Washington, DC 20202,
Phone: 202 453-7241, Email: <a href="/cdn-cgi/l/email-protection#a1c0c0d3cecf8fd6c0d2c9c8cfc6d5cecfe1c4c58fc6ced7"><span class="__cf_email__" data-cfemail="8feeeefde0e1a1f8eefce7e6e1e8fbe0e1cfeaeba1e8e0f9">[email protected]</span></a>.
RIN: 1840-AD69
[FR Doc. 2023-02025 Filed 2-21-23; 8:45 am]
BILLING CODE 4000-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 22, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.