[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12243-12244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03267]


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DEPARTMENT OF EDUCATION

34 CFR Part 5

RIN 1880-AA84
[Docket ID ED-2008-OM-0011]


Availability of Information to the Public; Correction

AGENCY: Office of the Secretary, Department of Education.

ACTION: Final rule; correction.

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SUMMARY: On June 14, 2010, the Department of Education (Department) 
published in the Federal Register a final rule amending the 
Department's Freedom of Information Act (FOIA) regulations, and a 
correction was published in the Federal Register on January 26, 2024. 
The 2010 final rule implemented amendments made to the FOIA statute and 
clarified how the Department processes FOIA requests for agency 
records, and the January 26, 2024, document corrected the 
administrative exhaustion provisions related to the Appeals of Adverse 
Determinations section in the FOIA regulations. We are correcting the 
title of that revised provision, which inadvertently was omitted in the 
January 26, 2024 correction. All other provisions in the FOIA 
regulations remain the same.

DATES: This correction is effective February 16, 2024.

FOR FURTHER INFORMATION CONTACT: Deborah O. Moore, Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: 
(202) 381-1414. Email: [email protected].
    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: On June 14, 2010, the Department published a

[[Page 12244]]

final rule amending the Department's FOIA regulations in 34 CFR part 5, 
including Sec.  5.40(b) (Appeals of Adverse Determinations). On January 
26, 2024, we corrected that provision to strike the last sentence, 
which contained erroneous language. 89 FR 5097. Because the title of 
the corrected provision inadvertently was omitted in the amendatory 
instructions, we are correcting that provision to add back the original 
title, ``Appeal requirements.''
    All other information in the 2010 final rule remains the same, 
except for the provisions that were amended on December 12, 2019 (84 FR 
67865) and January 26, 2024 (89 FR 5097).

Waiver of Rulemaking

    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 are 
impracticable, unnecessary, or contrary to the public interest (5 
U.S.C. 553(b)(B)).
    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).
    There is good cause to waive rulemaking here, because rulemaking is 
unnecessary. The actions in this document merely correct an inadvertent 
deletion of an existing regulatory title and are not an exercise of the 
Department's discretion. Thus, the Secretary has determined that 
publication of a proposed rule is unnecessary under 5 U.S.C. 553(b)(B).
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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 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 
the 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 5

    Administrative practice and procedure, Investigations.

    Accordingly, part 5 of title 34 of the Code of Federal Regulations 
is corrected by making the following correcting amendments:

PART 5--AVAILABILITY OF INFORMATION TO THE PUBLIC

0
1. The authority citation for part 5 continues to read as follows:

    Authority:  5 U.S.C. 552, 20 U.S.C. 1221e-3, and 20 U.S.C. 3474.


0
2. Section 5.40 is amended by adding a subject heading to paragraph (b) 
to read as follows:


Sec.  5.40  Appeals of adverse determinations.

* * * * *
    (b) Appeal requirements. * * *
* * * * *

Alexis Barrett,
Chief of Staff, Office of the Secretary Department of Education.
[FR Doc. 2024-03267 Filed 2-15-24; 8:45 am]
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