[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52148-52150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22413]
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DEPARTMENT OF EDUCATION
34 CFR Parts 611, 614, 636, 649, 680, 693, and 695-699
RIN 1840-AD32; 1840-AD33
Outdated Regulations--Teacher Quality Enhancement Grants Program
and Preparing Tomorrow's Teachers to Use Technology (PT3) Program
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary removes outdated regulations for two programs no
longer authorized by Federal law: The Teacher Quality Enhancement
Grants (TQE) program and the Preparing Tomorrow's Teachers to Use
Technology (PT3) program. Therefore, the associated regulations are
unnecessary.
DATES: This action is effective October 16, 2018.
[[Page 52149]]
FOR FURTHER INFORMATION CONTACT: Linda Byrd-Johnson, U.S. Department of
Education, 400 Maryland Avenue SW, Room 270-02, Washington, DC 20202-
6200. Telephone: (202) 453-6060. 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: 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regulations that are ``are outdated, unnecessary, or ineffective.''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 TQE and PT3 programs are no longer authorized by the Higher
Education Act of 1965, as amended (HEA). Pursuant to the Higher
Education Opportunity Act (Pub. L. 110-315) enacted in 2008, these
programs were replaced. The TQE program was replaced with the Teacher
Quality Partnership program, and the PT3 program was replaced with the
Preparing Teachers for Digital Age Learners program. Neither new
program uses the regulations from the replaced programs. Accordingly,
the Secretary removes 34 CFR parts 611 and 614 because they are
obsolete. The Secretary also removes parts 636, 649, 680, 693, and 695-
699, which had been reserved, to streamline the Department's
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, 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 have become obsolete. 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 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, 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);
(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.
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, unless required by law or
approved in writing by the Director of the OMB. 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 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.
[[Page 52150]]
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 rescinded
regulations are obsolete, we do not believe that this action will
result in any additional costs or benefits.
Regulatory Flexibility Act Certification
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
These regulations do not contain any information collection
requirements.
Intergovernmental Review
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
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You may also access documents of the Department published in the
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by the Department.
List of Subjects
34 CFR Part 611
Colleges and universities, Elementary and secondary education,
Grant programs-education.
34 CFR Part 614
Grant programs-education, colleges and universities.
Dated: October 10, 2018.
Diane Auer Jones,
Principal Deputy Under Secretary Delegated to Perform the Duties of
Under Secretary and Assistant Secretary for the Office of Postsecondary
Education.
For the reasons discussed in the preamble, and under the authority
at 20 U.S.C. 3474 and 20 U.S.C. 1221e-3, the Secretary amends chapter
VI of title 34 of the Code of Federal Regulations as follows:
PART 611--[Removed]
0
1. Part 611 is removed.
PART 614--[Removed]
0
2. Part 614 is removed.
PART 636--[Removed]
0
3. Reserved part 636 is removed.
PART 649--[Removed]
0
4. Reserved part 649 is removed.
PART 680--[Removed]
0
5. Reserved part 680 is removed.
PART 693--[Removed]
0
6. Reserved part 693 is removed.
PARTS 695-699--[REMOVED]
0
7. Reserved parts 695-699 are removed.
[FR Doc. 2018-22413 Filed 10-15-18; 8:45 am]
BILLING CODE 4000-01-P