81_FR_20318 81 FR 20251 - Program Integrity and Improvement

81 FR 20251 - Program Integrity and Improvement

DEPARTMENT OF EDUCATION

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range20251-20252
FR Document2016-08055

The U.S. Department of Education is establishing the date for early implementation of certain regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA).

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016)
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Rules and Regulations]
[Pages 20251-20252]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08055]


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DEPARTMENT OF EDUCATION

34 CFR Part 668

[Docket ID ED-2015-OPE-0020]
RIN 1840-AD14


Program Integrity and Improvement

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Announcement of early implementation date.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Education is establishing the date for 
early implementation of certain regulations for the Federal Student Aid 
programs authorized under title IV of the Higher Education Act of 1965, 
as amended (HEA).

DATES: The early implementation date for Sec. Sec.  668.2(b) and 
668.163(a)(1) and (c), published in the Federal Register of October 30, 
2015 (80 FR 67126), is April 7, 2016.

FOR FURTHER INFORMATION CONTACT: For repeat coursework: Vanessa 
Freeman, U.S. Department of Education, 400 Maryland Ave. SW., Room 
6W236, Washington, DC 20202-1100. Telephone: (202) 453-7378 or by email 
at: [email protected]; or Aaron Washington, U.S. Department of 
Education, 400 Maryland Ave. SW., Room 6W246, Washington, DC 20202-
1100. Telephone: (202) 453-7241 or by email at: 
[email protected]. For cash management: Ashley Higgins, U.S. 
Department of Education, 400 Maryland Ave. SW., Room 6W234, Washington, 
DC 20202-1100. Telephone: (202) 453-6097 or by email at: 
[email protected].
    If you use a telecommunications device for the deaf or text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: On October 30, 2015, we published final 
rules in the Federal Register (80 FR 67126) amending the cash 
management regulations and other sections of the Student Assistance 
General Provisions regulations issued under the HEA.
    Section 482(c) of the HEA requires that regulations affecting 
programs under title IV be published in final form by November 1 prior 
to the start of the award year (July 1) to which they apply. However, 
that section of the HEA also permits the Secretary to designate any 
regulation as one that an entity subject to the regulations may choose 
to implement earlier, and to specify the conditions for early 
implementation. The Secretary is exercising the authority under Section 
482(c) of the HEA to early implement specific sections of the

[[Page 20252]]

Program Integrity and Improvement regulations.
    Section 668.2(b) specifies that in a term-based program a student 
may repeat any coursework previously taken in the program but the 
coursework may not include more than one repetition of a previously 
passed course. This provision applies to graduate and professional as 
well as undergraduate students. Section 668.163(a)(1) specifies that 
educational institutions must maintain title IV, HEA program funds in 
depository accounts and guidelines that domestic and foreign 
educational institutions must follow in selecting this account. 
Finally, Sec.  668.163(c) states that educational institutions in a 
State must maintain title IV, HEA program funds in an interest-bearing 
depository account. This section also explains in which instances 
interest on funds can be retained or must be remitted to the Department 
of Health and Human Services.

Implementation Date of These Regulations

    The Secretary is exercising the authority under section 482(c) of 
the HEA to designate the following amended regulations in 34 CFR part 
668 for early implementation beginning on April 7, 2016:
    (1) Section 668.2(b) (Retaking Coursework);
    (2) Section 668.163(a)(1) (Depository account); and
    (3) Section 668.163(c) (Interest-bearing depository account).
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting Ashley Higgins, U.S. 
Department of Education, 400 Maryland Ave. SW., Room 6W234, Washington, 
DC 20202-1100. Telephone: (202) 453-6097 or by email: 
[email protected].
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. 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 Adobe 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.

    Program Authority:  20 U.S.C. 1098a.

    Dated: April 4, 2016.
John B. King, Jr.,
Secretary of Education.
[FR Doc. 2016-08055 Filed 4-6-16; 8:45 am]
 BILLING CODE 4000-01-P



                                                               Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations                                        20251

                                           permitted to share under the final                      67125), the following corrections are                 DEPARTMENT OF EDUCATION
                                           regulations such information for all                    made:
                                           students. Accordingly, on page 67199,                                                                         34 CFR Part 668
                                           in the left-hand column, we correct                     § 668.164    [Corrected]
                                                                                                                                                         [Docket ID ED–2015–OPE–0020]
                                           § 668.164(f)(5) by replacing the phrase
                                                                                                   ■ 1. On page 67197, in the middle                     RIN 1840–AD14
                                           ‘‘title IV recipients’ ’’ with the word
                                                                                                   column, correct § 668.164(e)(2)(ii)(B) by
                                           ‘‘students’ ’’.
                                              (h) In § 668.165(a)(2), we                           removing the phrase ‘‘of title IV, HEA                Program Integrity and Improvement
                                           inadvertently omitted the new                           program funds’’ and adding in its place
                                                                                                                                                         AGENCY: Office of Postsecondary
                                           definition set out in § 668.161.                        the phrase ‘‘to the student’’.
                                                                                                                                                         Education, Department of Education.
                                           Accordingly, on page 67200, in the                      ■ 2. On page 67197, in the right-hand                 ACTION: Announcement of early
                                           middle column, we correct                               column, correct § 668.164(e)(2)(viii) by              implementation date.
                                           § 668.165(a)(2) by removing the phrase                  adding the words ‘‘and contract data as
                                           ‘‘student’s account at the institution’’                described in paragraph (e)(2)(vii) of this            SUMMARY:   The U.S. Department of
                                           and replacing it with the phrase                                                                              Education is establishing the date for
                                                                                                   section’’ after the word ‘‘contract’’.
                                           ‘‘student ledger account’’.                                                                                   early implementation of certain
                                              (i) In § 668.166(a)(2), we inadvertently             ■ 3. On page 67198, in the left-hand                  regulations for the Federal Student Aid
                                           omitted the new definition set out in                   column, correct § 668.164(e)(3) by                    programs authorized under title IV of
                                           § 668.161. Accordingly, on page 67201,                  removing ‘‘title IV recipients’ ’’ and add            the Higher Education Act of 1965, as
                                           in the right-hand column, we correct                    in its place ‘‘students’ ’’.                          amended (HEA).
                                           § 668.166(a)(2) by removing the phrase                                                                        DATES: The early implementation date
                                           ‘‘Federal account’’ and replacing it with               ■  4. On page 67198, in the middle
                                                                                                   column, correct § 668.164(f)(4)(i)(A) by              for §§ 668.2(b) and 668.163(a)(1) and (c),
                                           the phrase ‘‘depository account’’.                                                                            published in the Federal Register of
                                                                                                   adding ‘‘information’’ after
                                           Waiver of Proposed Rulemaking                                                                                 October 30, 2015 (80 FR 67126), is April
                                                                                                   ‘‘identifiable’’.
                                                                                                                                                         7, 2016.
                                              In accordance with the
                                           Administrative Procedure Act, 5 U.S.C.                  ■  5. On page 67198, in the right-hand                FOR FURTHER INFORMATION CONTACT: For
                                           553, it is the Secretary’s practice to offer            column, correct § 668.164(f)(4)(vi) by                repeat coursework: Vanessa Freeman,
                                           interested parties the opportunity to                   removing the phrase ‘‘If the institution              U.S. Department of Education, 400
                                           comment on proposed regulations.                        is located in a State, ensure’’ and adding            Maryland Ave. SW., Room 6W236,
                                           However, the regulatory changes in this                 in its place the word ‘‘Ensure’’.                     Washington, DC 20202–1100.
                                           document are necessary to correct errors                                                                      Telephone: (202) 453–7378 or by email
                                                                                                   ■ 6. On page 67199, in the left-hand                  at: vanessa.freeman@ed.gov; or Aaron
                                           and do not establish any new                            column, correct § 668.164(f)(4)(xii) by
                                           substantive rules. Therefore, the                                                                             Washington, U.S. Department of
                                                                                                   adding the word ‘‘applicable’’ before the             Education, 400 Maryland Ave. SW.,
                                           Secretary has determined that                           word ‘‘provisions’’ and removing the
                                           publication of a proposed rule is                                                                             Room 6W246, Washington, DC 20202–
                                                                                                   reference to ‘‘(d)(4)(i), (f)(4), and (f)(5)’’        1100. Telephone: (202) 453–7241 or by
                                           unnecessary under 5 U.S.C. 553(b)(B).                   and adding in its place ‘‘(f)(4) and (5)’’.
                                              Accessible Format: Individuals with                                                                        email at: aaron.washington@ed.gov. For
                                           disabilities can obtain this document in                ■ 7. On page 67199, in the left-hand                  cash management: Ashley Higgins, U.S.
                                           an accessible format (e.g., Braille, large              column, correct § 668.164(f)(5) by                    Department of Education, 400 Maryland
                                           print, audiotape, or compact disc) on                   removing the phrase ‘‘title IV                        Ave. SW., Room 6W234, Washington,
                                           request to the contact person listed                    recipients’ ’’ and adding in its place the            DC 20202–1100. Telephone: (202) 453–
                                           under FOR FURTHER INFORMATION                                                                                 6097 or by email at: ashley.higgins@
                                                                                                   word ‘‘students’ ’’.
                                           CONTACT.                                                                                                      ed.gov.
                                              Electronic Access to This Document:                  § 668.165    [Corrected]                                 If you use a telecommunications
                                           The official version of this document is                                                                      device for the deaf or text telephone,
                                           the document published in the Federal                   ■ 8. On page 67200, in the middle                     call the Federal Relay Service, toll free,
                                           Register. Free Internet access to the                   column, correct § 668.165(a)(2)                       at 1–800–877–8339.
                                           official edition of the Federal Register                introductory text by removing the                     SUPPLEMENTARY INFORMATION: On
                                           and the Code of Federal Regulations is                  phrase ‘‘student’s account at the                     October 30, 2015, we published final
                                           available via the Federal Digital System                institution’’ and adding in its place the             rules in the Federal Register (80 FR
                                           at: www.gpo.gov/fdsys. At this site you                 phrase ‘‘student ledger account’’.                    67126) amending the cash management
                                           can view this document, as well as all                                                                        regulations and other sections of the
                                                                                                   § 668.166    [Corrected]                              Student Assistance General Provisions
                                           other documents of this Department
                                           published in the Federal Register, in                   ■  9. On page 67201, in the right-hand                regulations issued under the HEA.
                                           text or Portable Document Format                                                                                 Section 482(c) of the HEA requires
                                                                                                   column, correct § 668.166(a)(2) by
                                           (PDF). To use PDF you must have                                                                               that regulations affecting programs
                                                                                                   removing the phrase ‘‘Federal account’’
                                           Adobe Acrobat Reader, which is                                                                                under title IV be published in final form
                                                                                                   and adding in its place the phrase                    by November 1 prior to the start of the
                                           available free at the site.                             ‘‘depository account’’.
                                              You may also access documents of the                                                                       award year (July 1) to which they apply.
                                           Department published in the Federal                       Dated: April 4, 2016.                               However, that section of the HEA also
                                           Register by using the article search                    John B. King, Jr.,                                    permits the Secretary to designate any
                                           feature at: www.federalregister.gov.                                                                          regulation as one that an entity subject
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                   Secretary of Education.
                                           Specifically, through the advanced                      [FR Doc. 2016–08053 Filed 4–6–16; 8:45 am]
                                                                                                                                                         to the regulations may choose to
                                           search feature at this site, you can limit                                                                    implement earlier, and to specify the
                                                                                                   BILLING CODE 4000–01–P
                                           your search to documents published by                                                                         conditions for early implementation.
                                           the Department.                                                                                               The Secretary is exercising the authority
                                              In the Federal Register of October 30,                                                                     under Section 482(c) of the HEA to early
                                           2015, in FR Doc. 2015–27145 (80 FR                                                                            implement specific sections of the


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                                           20252               Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations

                                           Program Integrity and Improvement                       through the advanced search feature at                Records and Information Center, 5 Post
                                           regulations.                                            this site, you can limit your search to               Office Square, Suite 100, Boston, MA
                                             Section 668.2(b) specifies that in a                  documents published by the                            02109–3912; 617/918–1413.
                                           term-based program a student may                        Department.                                             • Ildefonso Acosta, Region 2 (NJ, NY,
                                           repeat any coursework previously taken                    Program Authority: 20 U.S.C. 1098a.                 PR, VI), U.S. EPA, 290 Broadway, New
                                           in the program but the coursework may                                                                         York, NY 10007–1866; 212/637–4344.
                                           not include more than one repetition of                   Dated: April 4, 2016.                                 • Lorie Baker (ASRC), Region 3 (DE,
                                           a previously passed course. This                        John B. King, Jr.,                                    DC, MD, PA, VA, WV), U.S. EPA,
                                           provision applies to graduate and                       Secretary of Education.                               Library, 1650 Arch Street, Mailcode
                                           professional as well as undergraduate                   [FR Doc. 2016–08055 Filed 4–6–16; 8:45 am]            3HS12, Philadelphia, PA 19103; 215/
                                           students. Section 668.163(a)(1) specifies               BILLING CODE 4000–01–P                                814–3355.
                                           that educational institutions must                                                                              • Jennifer Wendel, Region 4 (AL, FL,
                                           maintain title IV, HEA program funds in                                                                       GA, KY, MS, NC, SC, TN), U.S. EPA, 61
                                           depository accounts and guidelines that                 ENVIRONMENTAL PROTECTION                              Forsyth Street SW., Mailcode 9T25,
                                           domestic and foreign educational                        AGENCY                                                Atlanta, GA 30303; 404/562–8799.
                                           institutions must follow in selecting this                                                                      • Todd Quesada, Region 5 (IL, IN, MI,
                                           account. Finally, § 668.163(c) states that              40 CFR Part 300                                       MN, OH, WI), U.S. EPA Superfund
                                           educational institutions in a State must                                                                      Division Librarian/SFD Records
                                                                                                   [EPA–HQ–SFUND–2015–0573, 0574, 0578,
                                           maintain title IV, HEA program funds in                                                                       Manager SRC–7J, Metcalfe Federal
                                                                                                   0579 and 0580; FRL–9944–36–OLEM]
                                           an interest-bearing depository account.                                                                       Building, 77 West Jackson Boulevard,
                                           This section also explains in which                     National Priorities List                              Chicago, IL 60604; 312/886–4465.
                                           instances interest on funds can be                                                                              • Brenda Cook, Region 6 (AR, LA,
                                           retained or must be remitted to the                     AGENCY:  Environmental Protection                     NM, OK, TX), U.S. EPA, 1445 Ross
                                           Department of Health and Human                          Agency (EPA).                                         Avenue, Suite 1200, Mailcode 6SFTS,
                                           Services.                                               ACTION: Final rule.                                   Dallas, TX 75202–2733; 214/665–7436.
                                           Implementation Date of These                                                                                    • Preston Law, Region 7 (IA, KS, MO,
                                                                                                   SUMMARY:   The Comprehensive                          NE), U.S. EPA, 11201 Renner Blvd.,
                                           Regulations                                             Environmental Response,                               Mailcode SUPR/SPEB, Lenexa, KS
                                              The Secretary is exercising the                      Compensation, and Liability Act of 1980               66219; 913/551–7097.
                                           authority under section 482(c) of the                   (‘‘CERCLA’’ or ‘‘the Act’’), as amended,                • Sabrina Forrest, Region 8 (CO, MT,
                                           HEA to designate the following                          requires that the National Oil and                    ND, SD, UT, WY), U.S. EPA, 1595
                                           amended regulations in 34 CFR part 668                  Hazardous Substances Pollution                        Wynkoop Street, Mailcode 8EPR–B,
                                           for early implementation beginning on                   Contingency Plan (‘‘NCP’’) include a list             Denver, CO 80202–1129; 303/312–6484.
                                           April 7, 2016:                                          of national priorities among the known                  • Sharon Murray, Region 9 (AZ, CA,
                                              (1) Section 668.2(b) (Retaking                       releases or threatened releases of                    HI, NV, AS, GU, MP), U.S. EPA, 75
                                           Coursework);                                            hazardous substances, pollutants or                   Hawthorne Street, Mailcode SFD 6–1,
                                              (2) Section 668.163(a)(1) (Depository                contaminants throughout the United                    San Francisco, CA 94105; 415/947–
                                           account); and                                           States. The National Priorities List                  4250.
                                              (3) Section 668.163(c) (Interest-                    (‘‘NPL’’) constitutes this list. The NPL is             • Ken Marcy, Region 10 (AK, ID, OR,
                                           bearing depository account).                            intended primarily to guide the                       WA), U.S. EPA, 1200 6th Avenue,
                                              Accessible Format: Individuals with                  Environmental Protection Agency (‘‘the                Mailcode ECL–112, Seattle, WA 98101;
                                           disabilities can obtain this document in                EPA’’ or ‘‘the agency’’) in determining               206/463–1349.
                                           an accessible format (e.g., braille, large              which sites warrant further
                                           print, audiotape, or compact disc) by                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                   investigation. These further                          Terry Jeng, phone: (703) 603–8852,
                                           contacting Ashley Higgins, U.S.                         investigations will allow the EPA to
                                           Department of Education, 400 Maryland                                                                         email: jeng.terry@epa.gov Site
                                                                                                   assess the nature and extent of public                Assessment and Remedy Decisions
                                           Ave. SW., Room 6W234, Washington,                       health and environmental risks
                                           DC 20202–1100. Telephone: (202) 453–                                                                          Branch, Assessment and Remediation
                                                                                                   associated with the site and to                       Division, Office of Superfund
                                           6097 or by email: ashley.higgins@                       determine what CERCLA-financed
                                           ed.gov.                                                                                                       Remediation and Technology
                                                                                                   remedial action(s), if any, may be                    Innovation (Mailcode 5204P), U.S.
                                              Electronic Access to This Document:                  appropriate. This rule adds five sites to
                                           The official version of this document is                                                                      Environmental Protection Agency; 1200
                                                                                                   the General Superfund section of the                  Pennsylvania Avenue NW., Washington,
                                           the document published in the Federal                   NPL.
                                           Register. Free Internet access to the                                                                         DC 20460; or the Superfund Hotline,
                                           official edition of the Federal Register                DATES:  The document is effective on                  phone (800) 424–9346 or (703) 412–
                                           and the Code of Federal Regulations is                  May 9, 2016.                                          9810 in the Washington, DC,
                                           available via the Federal Digital System                ADDRESSES: Contact information for the                metropolitan area.
                                           at: www.gpo.gov/fdsys. At this site you                 EPA Headquarters:                                     SUPPLEMENTARY INFORMATION:
                                           can view this document, as well as all                     • Docket Coordinator, Headquarters;
                                                                                                                                                         Table of Contents
                                           other documents of this Department                      U.S. Environmental Protection Agency;
                                           published in the Federal Register, in                   CERCLA Docket Office; 1301                            I. Background
                                           text or Adobe Portable Document                         Constitution Avenue NW.; William                         A. What are CERCLA and SARA?
                                           Format (PDF). To use PDF you must                       Jefferson Clinton Building West, Room                    B. What is the NCP?
Lhorne on DSK5TPTVN1PROD with RULES




                                           have Adobe Acrobat Reader, which is                     3334, Washington, DC 20004, 202/566–                     C. What is the National Priorities List
                                                                                                                                                              (NPL)?
                                           available free at the site. You may also                0276.                                                    D. How are sites listed on the NPL?
                                           access documents of the Department                         The contact information for the                       E. What happens to sites on the NPL?
                                           published in the Federal Register by                    regional dockets is as follows:                          F. Does the NPL define the boundaries of
                                           using the article search feature at:                       • Holly Inglis, Region 1 (CT, ME, MA,                   sites?
                                           www.federalregister.gov. Specifically,                  NH, RI, VT), U.S. EPA, Superfund                         G. How are sites removed from the NPL?



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Document Created: 2016-04-06 23:43:48
Document Modified: 2016-04-06 23:43:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAnnouncement of early implementation date.
DatesThe early implementation date for Sec. Sec. 668.2(b) and 668.163(a)(1) and (c), published in the Federal Register of October 30, 2015 (80 FR 67126), is April 7, 2016.
ContactFor repeat coursework: Vanessa Freeman, U.S. Department of Education, 400 Maryland Ave. SW., Room 6W236, Washington, DC 20202-1100. Telephone: (202) 453-7378 or by email at: [email protected]; or Aaron Washington, U.S. Department of Education, 400 Maryland Ave. SW., Room 6W246, Washington, DC 20202- 1100. Telephone: (202) 453-7241 or by email at: [email protected] For cash management: Ashley Higgins, U.S. Department of Education, 400 Maryland Ave. SW., Room 6W234, Washington, DC 20202-1100. Telephone: (202) 453-6097 or by email at: [email protected]
FR Citation81 FR 20251 
RIN Number1840-AD14

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