[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Proposed Rules]
[Pages 37284-37285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12902]



[[Page 37283]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part VI





Department of Education





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Semiannual Regulatory Agenda

  Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda  

[[Page 37284]]


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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.

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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 LaTanya Cannady, Program 
Specialist, or Hilary Malawer, General Counsel, Division of Regulatory 
Services, Office of the General Counsel, Department of Education, Room 
6C128, 400 Maryland Avenue SW., Washington, DC 20202-2241; telephone: 
(202) 401-9676 (LaTanya Cannady) or (202) 401-6148 (Hilary Malawer). 
Individuals who use a telecommunications device for the deaf (TDD) or a 
text telephone (TTY) may call the Federal Relay Service (FRS) at 1-800-
877-8339.

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 October and April 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:
     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.
     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)).
     A reference to where a reader can find the current 
regulations in the Code of Federal Regulations.
     A citation of legal authority.
     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 to its customers. ED will regulate only if absolutely 
necessary and then in the most flexible, most equitable, 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, and regulatory action in 
addition to the items listed is not precluded. 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 www.reginfo.gov.

James Cole, Jr.,
General Counsel.

         Office of Postsecondary Education--Proposed Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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89........................  Borrower Defense..........         1840-AD19
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          Office of Postsecondary Education--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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90........................  Title IV of the HEA--              1840-AD14
                             Program Integrity and
                             Improvement.
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[[Page 37285]]

DEPARTMENT OF EDUCATION (ED)

Office of Postsecondary Education (OPE)

Proposed Rule Stage

89. Borrower Defense

    Legal Authority: Section 455(h) of the Higher Education Act of 
1965, as amended
    Abstract: The Department has begun negotiated rulemaking to develop 
proposed regulations for determining which acts or omissions of an 
institution of higher education a borrower may assert as a defense to 
repayment of a loan made under the William D. Ford Federal Direct Loan 
(Federal Direct Loan) Program and identify the consequences of such 
borrower defenses for borrowers, institutions, and the Secretary.
    Timetable:

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               Action                    Date            FR Cite
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Notice of Intent to Establish          08/20/15  80 FR 50588
 Negotiated Rulemaking Committee.
NPRM................................   06/00/16  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Annmarie Weisman, Department of Education, Office 
of Postsecondary Education, 400 Maryland Avenue SW., Room 6W245, 
Washington, DC 20202, Phone: 202 453-6712, Email: 
[email protected].
    RIN: 1840-AD19

DEPARTMENT OF EDUCATION (ED)

Office of Postsecondary Education (OPE)

Completed Actions

90. Title IV of the HEA--Program Integrity and Improvement

    Legal Authority: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1091; 20 
U.S.C. 1094; 20 U.S.C. 1099c; 20 U.S.C. 1070a; 20 U.S.C. 1087b; 20 
U.S.C. 1087d; 20 U.S.C. 1087e; 20 U.S.C. 1088
    Abstract: The Department issued regulations for the Federal Student 
Aid programs, authorized under title IV of the Higher Education Act of 
1965, as amended (HEA). We are regulating in the following areas: cash 
management of funds provided under the title IV Federal Student Aid 
programs, clock-to-credit hour conversion, and repeat coursework.
    Completed:

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               Reason                    Date            FR Cite
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Final Action........................   10/30/15  80 FR 67126
Final Action Effective..............   07/01/16  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Nathan Arnold, Phone: 202 453-7874, Email: 
[email protected].
    RIN: 1840-AD14

[FR Doc. 2016-12902 Filed 6-8-16; 8:45 am]
 BILLING CODE 4000-01-P