[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Rules and Regulations]
[Pages 6974-6975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03660]


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DEPARTMENT OF EDUCATION

34 CFR Part 461

RIN 1830-AA31


Programs and Activities Authorized by the Adult Education and 
Family Literacy Act (Title II of the Workforce Innovation and 
Opportunity Act)

AGENCY: Department of Education.

ACTION: Correcting amendment.

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SUMMARY: On August 19, 2016, the Department of Education (Department) 
established regulations to implement changes to the Adult Education and 
Family Literacy Act (AEFLA) resulting from the enactment of the 
Workforce Innovation and Opportunity Act (WIOA or the Act). The 2016 
final regulations clarified provisions in AEFLA and also identified for 
removal regulations no longer applicable to the AEFLA program. The 
preamble discussed our intent to remove certain regulations. However, 
language necessary to remove those regulations from the Code of Federal 
Regulations was inadvertently omitted from the 2016 final rule. Through 
this document we are now removing those regulations.

DATES: Effective date: These regulations are effective March 1, 2019.

FOR FURTHER INFORMATION CONTACT: Hugh Reid, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 11114 PCP, Washington, DC 
20202-2500. Telephone: (202) 245-7491. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Final Regulatory Changes

Background

    On April 16, 2015, we published in the Federal Register a notice of 
proposed rulemaking (NPRM) for the Programs and Activities Authorized 
by AEFLA under Title II of WIOA (80 FR 20968). References to 34 CFR 
part 461 were included in that NPRM. In the Background section we 
indicated that the Department proposes to remove 34 CFR parts 460 and 
461 ``because these regulations are no longer applicable to the Federal 
adult education program.'' These regulations are no longer enforceable 
because they were promulgated under the National Literacy Act (Pub. L. 
102-73) (NLA) in 1992, which was superseded by Title II of the 
Workforce Investment Act of 1998.
    On August 19, 2016, the Department issued a final rule in which the 
Secretary established regulations to implement changes to AEFLA 
resulting from the enactment of WIOA (81 FR 55525). These final 
regulations clarified the provisions in AEFLA, and the preamble also 
discussed our intent to remove 34 CFR part 461. However, we 
inadvertently omitted language necessary to remove 34 CFR part 461 from 
the Code of Federal Regulations.
    Through this document, we are amending the regulations in title 34 
of the Code of Federal Regulations applicable to Programs and 
Activities Authorized by AEFLA (Title II of WIOA) to remove 34 CFR part 
461.
    This action is consistent with Executive Order 13777, ``Enforcing 
the Regulatory Reform Agenda,'' signed by President Trump on February 
24, 2017. That Executive Order established a Federal policy to 
alleviate unnecessary regulatory burdens on the American people and, in 
Section 3(a), 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.

[[Page 6975]]

Waiver of Proposed Rulemaking and Delayed Effective Date

    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 notice and public comment 
thereon are impracticable, unnecessary, or contrary to the public 
interest (5 U.S.C. 553(b)(B)). There is good cause to waive rulemaking 
here as unnecessary.
    Rulemaking is ``unnecessary'' in those situations in which ``the 
administrative rule is a routine determination, insignificant in nature 
and impact, and inconsequential to the industry and to the public.'' 
Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 755 (D.C. 
Cir. 2001), quoting U.S. Department of Justice, Attorney General's 
Manual on the Administrative Procedure Act 31 (1947) and South Carolina 
v. Block, 558 F. Supp. 1004, 1016 (D.S.C. 1983).
    This regulatory action merely effectuates our intent from the 2016 
rulemaking to remove 34 CFR part 461 from the Code of Federal 
Regulations. In 2016, when we intended to remove 34 CFR part 461 from 
the Code of Federal Regulations, we provided notice and an opportunity 
to comment on this regulatory action. At that time, we received no 
comments regarding the proposed removal of 34 CFR part 461. 
Furthermore, these regulations were promulgated under the National 
Literacy Act (Pub. L. 102-73) (NLA) in 1992, which was superseded by 
Title II of the Workforce Investment Act of 1998. Therefore, there is 
good cause to remove 34 CFR part 461.
    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)). For the 
same reasons there is good cause to waive rulemaking under 5 U.S.C. 
553(b)(B), there is good cause to make these final regulations 
effective upon publication.

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

    This rule does not contain any information collection requirements. 
The previously OMB-approved information collection (OMB Control Number 
1800-0026) associated with 34 CFR part 461 expired on 03/01/2006.

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 program 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.govinfo.gov. 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 
this 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 461

    Adult education, Grant programs--education, Reporting and 
recordkeeping requirements, Teachers.

    Dated: February 26, 2019.
Scott Stump,
Assistant Secretary for Career, Technical, and Adult Education.

PART 461--[Removed and Reserved]

    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, and section 437 of the General Education Provisions Act 
(20 U.S.C. 1221e-3), the Secretary of Education amends chapter IV of 
title 34 of the Code of Federal Regulations by removing and reserving 
part 461.

[FR Doc. 2019-03660 Filed 2-28-19; 8:45 am]
 BILLING CODE 4000-01-P