[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42438-42440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17480]



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DEPARTMENT OF EDUCATION

34 CFR Parts 200, 237, and 299

RIN 1810-AB36, 1810-AB37, 1810-AB38, 1810-AB39, 1810-AB40, 1810-AB41, 
1810-AB42, 1810-AB43, 1810-AB44, and 1810-AB48


Outdated or Superseded Regulations: Title I, Parts A through C; 
Christa McAuliffe Fellowship Program; and Empowerment Zone or 
Enterprise Community--Priority

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final regulations.

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SUMMARY: The Secretary amends the Code of Federal Regulations (CFR) to 
remove outdated or superseded regulations. As a result of new 
legislation, absence of funding, and review in accordance with the 
President's regulatory reform initiative, the Secretary has determined 
that the regulations described below are no longer needed for the 
reasons discussed.

DATES: Effective August 22, 2018.

FOR FURTHER INFORMATION CONTACT: Anna Lieth, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3W337, Washington, DC 20202. 
Telephone: (202) 453-5682 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: Consistent with Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda,'' the Department is 
evaluating all existing regulations and making recommendations to the 
Secretary regarding their repeal, replacement, or modification, 
consistent with applicable law. As part of that effort, we have 
determined it is appropriate to take three deregulatory actions in this 
document to remove regulations that are outdated or unnecessary in 
parts 200, 237, and 299.
    The regulations being removed have been superseded by new 
legislation or were issued to implement a program that is no longer 
funded. Therefore, these deregulatory actions will have no effect on 
the current operation of the Department's grant programs. To the extent 
that amendments to existing regulations or new regulations are needed 
to implement new legislation, they will be issued separately from this 
document. Any determination to issue new regulations will be carefully 
considered to ensure that it is consistent with the President's 
regulatory reform efforts and the principles in Executive Orders 12866 
and 13771.
    The Department is continuing to review its other existing 
regulations thoroughly. To the extent the Secretary can identify 
further opportunities for regulatory reform, the Secretary will take 
appropriate action to revise or eliminate existing regulations, reduce 
burden, and increase flexibility.
    In these final regulations, we take the following three 
deregulatory actions:

(1) Part 200 (RINs 1810-AB36, 1810-AB39, 1810-AB40, 1810-AB41, 1810-
AB42, 1810-AB43, 1810-AB44, and 1810-AB48)

    In 2015, the Every Student Succeeds Act (ESSA) reauthorized the 
Elementary and Secondary Education Act of 1965 (ESEA). Accordingly, 
some changes to the ESEA have rendered whole portions of the 
regulations in part 200 inconsistent with the statute. The superseded 
regulations in part 200 that the Department rescinds are: 34 CFR 200.7 
(Disaggregation of Data); 200.12 (State Accountability System); 200.13-
200.22 (Adequate Yearly Progress); 200.27-200.28 (Schoolwide Programs); 
200.30-200.53 (LEA and School Improvement); 200.55-200.57 and 200.59-
200.60 (Highly Qualified Teachers and Duties of Paraprofessionals); 
200.81(d), 200.81(f), 200.81(g), and 200.81(h) (Migrant Education 
Program (MEP)); and 200.89(a) (Allocation of funds under the MEP for FY 
2006 and subsequent years). In addition, the ESSA removed the authority 
for the Migrant Education Even Start Program. Accordingly, the 
Department rescinds 34 CFR 200.80 because it is no longer needed.

(2) Part 237 (RIN 1810-AB37)

    The Department rescinds the regulations governing the Christa 
McAuliffe Fellowship Program. We take this action because this program 
is no longer authorized under the Higher Education Act. The program was 
last funded in 1995.

(3) Part 299 (1810-AB38)

    The Department rescinds the regulations establishing the priority 
for activities in an Empowerment Zone or Enterprise Community. We take 
this action because the last Congressional extension of tax benefits to 
Empowerment Zones ended in 2017 and, thus, the program is no longer 
viable.

Waiver of Proposed Rulemaking

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, the APA provides that an 
agency is not required to conduct notice-and-comment rulemaking when 
the agency, for good cause, finds that the requirement is 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive rulemaking 
in this case because these final regulations merely remove existing 
regulations that are outdated, unnecessary, or superseded by recent 
statutory changes. 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 proposed 
regulations are unnecessary and, thus, waives notice-and-comment 
rulemaking.
    The APA also 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 
the final regulations merely reflect statutory changes and remove 
outdated or unnecessary regulatory provisions, the Secretary also has 
good cause to waive 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);
    (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,

[[Page 42439]]

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 regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    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.
    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 upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor their 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 specifying the behavior or manner of compliance that regulated 
entities must adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including providing 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 regulatory action only upon a reasoned 
determination that it provides benefits and will not have any costs. In 
choosing among alternative regulatory approaches, we selected the 
approach that maximizes net benefits. Based on the analysis that 
follows, the Department believes that these regulations are consistent 
with the principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and Tribal governments in the 
exercise of their governmental functions.

Need for the Regulatory Action

    This regulatory action is necessary to remove superseded, outdated, 
or unnecessary regulations from the Code of Federal Regulations (CFR).

Analysis of Costs and Benefits

    This regulatory action is a benefit to the public, grant 
recipients, and the Department as the action will remove any confusion 
that might be caused by maintaining superseded, outdated, or 
unnecessary regulations in the CFR.
    The Department has also analyzed the costs of this regulatory 
action and has determined that it will impose no additional costs ($0). 
As detailed earlier, this regulatory action reflects statutory changes 
and removes superseded, outdated, or unnecessary regulatory provisions.

Regulatory Flexibility Act Analysis

    Pursuant to 5 U.S.C. 601(2), the Regulatory Flexibility Act applies 
only to rules for which an agency publishes a general notice of 
proposed rulemaking. The Regulatory Flexibility Act does not apply to 
this rulemaking because there is good cause to waive notice and comment 
under 5 U.S.C. 553.

Paperwork Reduction Act of 1995

    This rule does not contain any information collection requirements. 
The previously OMB-approved information collections that were 
associated with part 237 are no longer active information collections 
(OMB Control Numbers 1810-0532 and 1810-0537). The OMB-approved 
information collection associated with the sections of part 200 
(Consolidated State Plans OMB 1810-0576) that this rule removes has 
been modified as necessary to align with the requirements of the ESSA.

Intergovernmental Review

    Some of these programs are 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.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., Braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    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 Adobe 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

34 CFR Part 200

    Education of disadvantaged, Elementary and secondary education, 
Grant programs--education, Indians--education, Infants and children, 
Juvenile delinquency, Migrant labor, Private schools, Reporting and 
recordkeeping requirements.

34 CFR Part 237

    Elementary and secondary education, Grant programs--education, 
Scholarships and fellowships, Teachers.

34 CFR Part 299

    Administrative practice and procedure, Elementary and secondary 
education, Grant programs--education, Private schools, Reporting and 
recordkeeping requirements.


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    Dated: August 9, 2018.
Frank Brogan,
Assistant Secretary for Elementary and Secondary Education.

    For reasons discussed in the preamble, and under the authority at 
20 U.S.C. 3474, 20 U.S.C. 1221e-3, Public Law 109-270, and Public Law 
114-95, the Secretary amends Chapter II of title 34 of the Code of 
Federal Regulations as follows:

PART 200--TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE 
DISADVANTAGED

0
1. The authority citation for part 200 is revised to read as follows:

    Authority: 20 U.S.C. 6301 through 6576, unless otherwise noted.


Sec.  200.7  [Removed and Reserved]

0
2. Remove and reserve Sec.  200.7.


Sec.  200.12  [Removed and Reserved]

0
3. Remove the center heading ``State Accountability System'' and remove 
and reserve Sec.  200.12.


Sec. Sec.  200.13 through 200.22  [Removed and Reserved]

0
4. Remove the center heading ``Adequate Yearly Progress (AYP)'' and 
remove and reserve Sec. Sec.  200.13 through 200.22.


Sec. Sec.  200.27 and 200.28  [Removed and Reserved]

0
5. Remove and reserve Sec. Sec.  200.27 and 200.28.


Sec. Sec.  200.30 through 200.53  [Removed and Reserved]

0
6. Remove the center heading ``LEA and School Improvement'' and remove 
and reserve Sec. Sec.  200.30 through 200.53.

0
7. Revise the center heading ``Qualifications of Teachers and 
Paraprofessionals'' to read ``Qualifications of Paraprofessionals''.


Sec. Sec.  200.55 through 200.57  [Removed and Reserved]

0
8. Remove and reserve Sec.  200.57.


Sec. Sec.  200.59 and 200.60  [Removed and Reserved]

0
9. Remove and reserve Sec. Sec.  200.59 and 200.60.


Sec.  200.80  [Removed and Reserved]

0
10. Remove and reserve Sec.  200.80.


Sec.  200.81  [Amended]

0
11. In Sec.  200.81, remove and reserve paragraphs (d), (f), (g), and 
(h).


Sec.  200.89  [Amended]

0
12. In Sec.  200.89, amend the section heading by removing the words 
``MEP allocations;'' and by removing and reserving paragraph (a).

PART 237--[REMOVED AND RESERVED]

0
13. Remove and reserve part 237.

PART 299--GENERAL PROVISIONS

0
14. The authority citation for part 299 continues to read as follows:

    Authority: 20 U.S.C. 1221e-3(a)(1), 6511(a), and 7373(b), unless 
otherwise noted.

Subpart B--[Removed and Reserved]

0
15. Remove and reserve subpart B, consisting of Sec.  299.3.

[FR Doc. 2018-17480 Filed 8-21-18; 8:45 am]
 BILLING CODE 4000-01-P