[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Rules and Regulations]
[Pages 9207-9208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04437]


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DEPARTMENT OF EDUCATION

34 CFR Part 230

RIN 1855-AA15


Innovation for Teacher Quality; Troops-to-Teachers Program

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Final regulations.

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SUMMARY: The Department of Education (Department) is rescinding its 
Troops-to-Teachers (TTT) regulations because that program has been 
transferred to the Department of Defense (DoD) and is no longer 
administered or managed by the Department. Therefore, the associated 
regulations are outdated and unnecessary.

DATES: This action is effective March 5, 2018.

FOR FURTHER INFORMATION CONTACT: Margarita L. Mel[eacute]ndez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 4W115, 
Washington, DC 20202. Telephone: (202) 260-3548 or by 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: The TTT program was established in 1994 to 
assist transitioning service members in beginning new careers as school 
teachers. The program provides counseling and referral services for 
participants to help them meet education and licensing requirements to 
teach and subsequently helps them secure a teaching position.
    On February 24, 2017, President Trump signed Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda,'' which established a Federal 
policy ``to alleviate unnecessary regulatory burdens'' on the American 
people. Section 3(a) of the Executive order directed each Federal 
agency to establish a Regulatory Reform Task Force, the duty of which 
is to evaluate existing regulations and ``make recommendations to the 
agency head regarding their repeal, replacement, or modification.'' 
Section 3(d)(ii) of the Executive order specifically instructs the Task 
Force to identify regulations that are ``are outdated, unnecessary, or 
ineffective.'' The Department is undertaking this regulatory action 
consistent with that objective.
    The TTT program was jointly administered by the Department of 
Education and the Department of Defense Activity for Non-Traditional 
Education Support (DANTES) until fiscal year 2013, when full 
responsibility and authority for the TTT program was transferred from 
the Secretary of Education to the Secretary of Defense by the National 
Defense Authorization Act of 2013 (Pub. L. 112-239). For this reason, 
the Troops-to-Teachers program regulations in 34 CFR part 230 are 
obsolete and we are proposing to rescind those regulations.

Waiver of Proposed Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (5 U.S.C. 553) (APA) the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, this regulatory action merely 
rescinds regulations that have become obsolete due to statutory 
changes, and does not involve any exercise of discretion on the part of 
the Department. This regulatory action adopts no new regulations and 
does not establish or affect substantive policy. Therefore, under 5 
U.S.C. 553(b)(B), the Secretary has determined that obtaining public 
comment on the removal of the regulations in 34 CFR part 230 is 
unnecessary.
    The APA also generally requires that regulations be published at 
least 30 days before their effective date, unless the agency has good 
cause to implement its regulations sooner (5 U.S.C. 553(d)(3)). Again, 
because this final regulatory action merely removes outdated 
regulations that are unnecessary because administration of the affected 
program has been transferred to another agency, the Secretary is also 
waiving the 30-day delay in the effective date of these regulatory 
changes under 5 U.S.C. 553(d)(3).

Executive Orders 12866, 13563, and 13771

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);

[[Page 9208]]

    (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
    (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 this final regulatory action only on a reasoned 
determination that its benefits justify its 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. Because the rescission of these 
regulations comports with statutory changes that have already taken 
effect, this action will not result in any additional costs or 
benefits.
    Under Executive Order 13771, for each new regulation that the 
Department proposes for notice and comment or otherwise promulgates 
that is a significant regulatory action under Executive Order 12866 and 
that imposes total costs greater than zero, it must identify two 
deregulatory actions. For FY 2018, any new incremental costs associated 
with a new regulation must be fully offset by the elimination of 
existing costs through deregulatory actions. Because this final rule is 
not a significant regulatory action, the requirement to offset new 
regulations in Executive Order 13771 does not apply.

Regulatory Flexibility Act Certification

    The Secretary certifies that these regulations will not have a 
significant economic impact on a substantial number of small entities. 
As detailed above, this regulatory action merely removes outdated 
regulations from the Code of Federal Regulations and imposes no costs.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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 230

    Armed forces, Education, Elementary and secondary education, 
Teachers, Vocational education.

    Dated: February 28, 2018.
Margo Anderson,
Acting Assistant Deputy Secretary for Innovation and Improvement.

PART 230--[REMOVED]

0
For the reasons discussed in the preamble, and under the authority of 
section 414 of the Department of Education Organization Act, 20 U.S.C. 
3474, the Secretary removes 34 CFR part 230.

[FR Doc. 2018-04437 Filed 3-2-18; 8:45 am]
 BILLING CODE 4000-01-P