[Federal Register Volume 87, Number 151 (Monday, August 8, 2022)]
[Proposed Rules]
[Pages 48272-48273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14601]



[[Page 48271]]

Vol. 87

Monday,

No. 151

August 8, 2022

Part VI





Department of Education





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Semiannual Regulatory Agenda

  Federal Register / Vol. 87 , No. 151 / Monday, August 8, 2022 / UA: 
Reg Flex Agenda  

[[Page 48272]]


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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: 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 Leslie Carter, Program Specialist, 
Levon Schlichter, Attorney, or Lynn Mahaffie, Assistant General 
Counsel, Division of Regulatory Services, Department of Education, Room 
6C128, 400 Maryland Avenue SW, Washington, DC 20202-2241; telephone: 
Leslie Carter (202) 401-5939, Levon Schlichter (202) 453-6387, or Lynn 
Mahaffie (202) 453-7862. 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 the Spring and Fall 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.

Elizabeth Brown,
General Counsel.

         Office of Postsecondary Education--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
72........................  Borrower Defense (Section          1840-AD53
                             610 Review).
73........................  Determining the Amount of          1840-AD55
                             Federal Education
                             Assistance Funds Received
                             by Institutions of Higher
                             Education (90/10)
                             (Section 610 Review).
74........................  Gainful Employment........         1840-AD57
75........................  Factors of Financial               1840-AD64
                             Responsibility (Section
                             610 Review).
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DEPARTMENT OF EDUCATION (ED)

Office of Postsecondary Education (OPE)

Proposed Rule Stage

72. Borrower Defense (Section 610 Review) [1840-AD53]

    Legal Authority: 20 U.S.C. 1082(a)(5), (a)(6); 20 U.S.C. 1087(a); 
20 U.S.C. 1087e(h); 20 U.S.C. 1221e-3; 20 U.S.C. 1226a-1; 20 U.S.C. 
1234(a); 31 U.S.C. 3711
    Abstract: The Secretary proposes to amend regulations in 34 CFR 
parts 30, 668, 674, 682, 685, and 686 that determine what acts or 
omissions of an institution of higher education a borrower may assert 
as a defense to repayment of a loan made under the Federal Direct Loan 
and Federal Family Education Loan Programs and specify the consequences 
of such borrower defenses for borrowers, institutions, and the 
Secretary. Further, the Secretary intends to review the use of class-
action lawsuits and pre-dispute arbitration agreements for matters 
pertaining to borrower defense claims by schools receiving Title IV 
assistance under the Higher Education Act.
    Timetable:

[[Page 48273]]



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               Action                    Date            FR Cite
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Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   06/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Scott Prince, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Washington, DC 20202, 
Phone: 202 453-5568, Email: [email protected].
    RIN: 1840-AD53

73. Determining the Amount of Federal Education Assistance Funds 
Received by Institutions of Higher Education (90/10) (Section 610 
Review) [1840-AD55]

    Legal Authority: 20 U.S.C. 1085, 20 U.S.C. 1088; 20 U.S.C. 1091, 20 
U.S.C. 1092; 20 U.S.C. 1094, 20 U.S.C. 1099a-3; 20 U.S.C. 1099c
    Abstract: To reflect changes to the HEA made by the American Rescue 
Plan Act, the Secretary plans to propose to amend the Student 
Assistance General Provisions (34 CFR 668.28 Non-Title IV revenue) 
governing whether proprietary institutions meet the requirement in 34 
CFR 668.14(b)(16) that institutions receive at least 10 percent of 
their revenue from sources other than Federal education assistance 
funds.
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           10/04/21  86 FR 54666
 Negotiated Rulemaking.
NPRM................................   07/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Gregory Martin, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136, 
Washington, DC 20202, Phone: 202 453-7535, Email: 
[email protected].
    RIN: 1840-AD55

74. Gainful Employment [1840-AD57]

    Legal Authority: 20 U.S.C. 1001; 20 U.S.C. 1002; 20 U.S.C. 1003; 20 
U.S.C. 1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099(b); 20 
U.S.C. 1099(c); 20 U.S.C. 1082; . . .
    Abstract: The Secretary plans to propose to amend 34 CFR parts 668 
and 600 on institution and program eligibility under the HEA, including 
regulations that determine whether postsecondary educational programs 
prepare students for gainful employment in recognized occupations, and 
the conditions under which institutions and programs remain eligible 
for student financial assistance programs under Title IV of the HEA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Gregory Martin, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136, 
Washington, DC 20202, Phone: 202 453-7535, Email: 
[email protected].
    RIN: 1840-AD57

75. Factors of Financial Responsibility (Section 610 Review) [1840-
AD64]

    Legal Authority: 20 U.S.C. 1094 and 1099c; sec. 4 of Pub. L. 95-
452; 92 Stat. 1101-1109
    Abstract: The Secretary plans to amend regulations in subpart L of 
34 CFR part 668 on institution and program eligibility under the Higher 
Education Act of 1965, as amended (HEA), including regulations 
associated with the standards of financial responsibility an 
institution must maintain in order to be eligible to participate in 
programs under Title IV of the HEA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Gregory Martin, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, Room 2C136, 
Washington, DC 20202, Phone: 202 453-7535, Email: 
[email protected].
    RIN: 1840-AD64

[FR Doc. 2022-14601 Filed 8-5-22; 8:45 am]
BILLING CODE 4000-01-P