[Federal Register Volume 86, Number 60 (Wednesday, March 31, 2021)]
[Proposed Rules]
[Pages 16884-16885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04345]



[[Page 16883]]

Vol. 86

Wednesday,

No. 60

March 31, 2021

Part VI





 Department of Education





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Semiannual Regulatory Agenda

  Federal Register / Vol. 86 , No. 60 / Wednesday, March 31, 2021 / UA: 
Reg Flex Agenda  

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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: This document is required pursuant to the Regulatory 
Flexibility Act. It provides information about the Unified Agenda 
published on December 9, 2020 at www.reginfo.gov/public/do/eAgendaMain 
under the previous administration. 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, Jackie Collins, Program Specialist, Levon Schlichter, 
Attorney, or Hilary Malawer, Deputy General Counsel, Division of 
Regulatory Services, Department of Education, Room 6C128, 400 Maryland 
Avenue SW, Washington, DC 20202-2241; telephone: LaTanya Cannady (202) 
401-9676, Jackie Collins (202) 401-6310, Levon Schlichter (202) 453-
6387, or Hilary Malawer (202) 401-6148. Individuals who use a 
telecommunications device for the deaf or a text telephone may call the 
Federal Relay Service 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 it provides to its customers. ED will regulate only if 
absolutely necessary and then in the most flexible, most equitable, and 
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. 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.

Lynn Mahaffie,
Assistant General Counsel, Division of Regulatory Services.

          Office of Postsecondary Education--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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200.......................  Ensuring Student Access to         1840-AD38
                             High Quality and
                             Innovative Postsecondary
                             Educational Programs.
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DEPARTMENT OF EDUCATION (ED)

Office of Postsecondary Education (OPE)

Completed Actions

200. Ensuring Student Access to High Quality and Innovative 
Postsecondary Educational Programs

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 20 U.S.C. 3474; 20 U.S.C. 1221e-3; 20 U.S.C. 1011 
et seq.
    Abstract: The Department created and amended, through negotiated 
rulemaking, regulations relating to institutional eligibility and 
operations for participation in Federal student financial aid under 
title IV of the Higher Education Act of 1965, as amended HEA, including 
those relating to credit hour, competency-based education, direct 
assessment programs, and regular and substantive interaction between 
faculty and students in the delivery of distance education programs, in 
order to promote greater access for students to high-quality, 
innovative programs of postsecondary education.
    Timetable:

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               Action                    Date            FR Cite
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Notice of Intention to Commence        07/31/18  83 FR 36814
 Negotiated Rulemaking.
NPRM................................   04/02/20  85 FR 18638
NPRM Comment Period End.............   05/04/20

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Final Rule..........................   09/02/20  85 FR 54742
Final Rule Effective................   07/01/21
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Greg Martin, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Washington, DC 20202, 
Phone: 202 453-7535, Email: [email protected].
    RIN: 1840-AD38

[FR Doc. 2021-04345 Filed 3-30-21; 8:45 am]
BILLING CODE 4000-01-P