[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11218-11220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02025]



[[Page 11217]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part VI





Department of Education





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Semiannual Regulatory Agenda

  Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / 
UA: Reg Flex Agenda  

[[Page 11218]]


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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. If you are deaf, hard of hearing, or have a 
speech disability and wish to access telecommunications relay services, 
please dial 7-1-1.

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.
------------------------------------------------------------------------
286.......................  Gainful Employment (Reg            1840-AD57
                             Plan Seq No. 45).
287.......................  Factors of Financial               1840-AD64
                             Responsibility (Section
                             610 Review).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


          Office of Postsecondary Education--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
288.......................  Borrower Defense                   1840-AD53
                             (Completion of a Section
                             610 Review).
289.......................  Determining the Amount of          1840-AD55
                             Federal Education
                             Assistance Funds Received
                             by Institutions of Higher
                             Education (90/10)
                             (Completion of a Section
                             610 Review).
290.......................  Pell Grants for Prison             1840-AD69
                             Education Programs;
                             Determining the Amount of
                             Federal Education
                             Assistance Funds Received
                             by Institutions of Higher
                             Education (90/10); Change
                             in Ownership and Change
                             in Control (Completion of
                             a Section 610 Review).
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[[Page 11219]]

DEPARTMENT OF EDUCATION (ED)

Office of Postsecondary Eduation (OPE)

Proposed Rule Stage

286. Gainful Employment [1840-AD57]

    Regulatory Plan: This entry is Seq. No. 45 in part II of this issue 
of the Federal Register.
    RIN: 1840-AD57

287. 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 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

DEPARTMENT OF EDUCATION (ED)

Office of Postsecondary Education (OPE)

Completed Actions

288. Borrower Defense (Completion of a 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 published final 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 regulations prohibit the mandatory 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 of 1965, as amended (HEA).
    Timetable:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   07/13/22  87 FR 41878
NPRM Comment Period End.............   08/12/22
Final Action........................   11/01/22  87 FR 65904
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Tamy Abernathy, Department of Education, Office of 
Postsecondary Education, 400 Maryland Avenue SW, 2C-232, Washington, DC 
20202, Phone: 202 453-5970, Email: [email protected].
    RIN: 1840-AD53

289. Determining the Amount of Federal Education Assistance Funds 
Received by Institutions of Higher Education (90/10) (Completion of a 
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 published final regulations that 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................................   07/28/22  87 FR 45432
Merged With1840-AD69................   09/29/22
------------------------------------------------------------------------

    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

290. Pell Grants for Prison Education Programs; Determining the Amount 
of Federal Education Assistance Funds Received by Institutions of 
Higher Education (90/10); Change in Ownership and Change in Control 
(Completion of a Section 610 Review) [1840-AD69]

    Legal Authority: 20 U.S.C. 1001-1002; 20 U.S.C. 1070a, 1070a-1, 
1070b, 1070c-1, 1070c-2, 1070g; 20 U.S.C. 1085, 1087aa-1087hh, 1088; 20 
U.S.C. 1091; 20 U.S.C. 1094; 20 U.S.C. 1099b and 1099c; 42 U.S.C. 2753; 
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; 20 U.S.C. 1091; 20 
U.S.C. 1099c
    Abstract: This action merges the following three prior RINs: RIN 
1840-AD54 Pell Grants for Prison Education Programs; 1840-AD55 
Determining the Amount of Federal Education Assistance Funds Received 
by Institutions of Higher Education (90/10); 1840-AD66 Change in 
Ownership and Change in Control.
    For Pell Grants for Prison Education Programs, the Consolidated 
Appropriation Act, 2021 defines prison education programs for purposes 
of Pell Grant eligibility. The Secretary published final regulations 
regarding correctional facilities and eligible institutions of higher 
education seeking to establish eligibility for the Pell Grant program.
    For 90/10, to reflect changes to the HEA made by the American 
Rescue Plan Act, the Secretary published regulations that 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.
    For Changes in Ownership, the Secretary published regulations that 
amend provisions regulations in 34 CFR 600.31 on institution and 
program eligibility under the HEA, including 34 CFR 600.31, that are 
associated with changes in institutional ownership resulting in a 
change in control.

[[Page 11220]]

    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Notice of Intent to Commence           05/26/21  86 FR 28299
 Negotiated Rulemaking.
NPRM................................   07/28/22  87 FR 45432
Final Action........................   10/28/22  87 FR 65426
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    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].
    Aaron Washington, Department of Education, Office of Postsecondary 
Education, 400 Maryland Avenue SW, Room 294-12, Washington, DC 20202, 
Phone: 202 453-7241, Email: [email protected].
    RIN: 1840-AD69

[FR Doc. 2023-02025 Filed 2-21-23; 8:45 am]
BILLING CODE 4000-01-P