82_FR_31102 82 FR 30975 - Program Integrity: Gainful Employment

82 FR 30975 - Program Integrity: Gainful Employment

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 127 (July 5, 2017)

Page Range30975-30976
FR Document2017-14186

On January 6 and January 19, 2017, the Department announced dates by which institutions subject to the Department's gainful employment (GE) regulations must comply with certain provisions of the GE regulations relating to the submission of alternate earnings appeals and disclosure requirements. On March 6, 2017, the Department announced that it was allowing additional time, until July 1, 2017, to comply with those provisions. On June 15, 2017, the Department announced its intention to negotiate issues related to gainful employment. This document announces that the Department allows additional time, until July 1, 2018, for institutions to comply with certain disclosure requirements in the GE regulations and invites comment on this action. The Department also extends the deadline for all programs to file alternate earnings appeals in light of the Court Order in American Association of Cosmetology Schools v. DeVos, Civil Action No. 17-0263, D.D.C. June 28, 2017 (Court Order). We will issue a Federal Register notice to specifically implement the Court Order, including establishing new deadlines, and anticipate doing so within 30 days from the publication date of this notice. We do not change the July 1, 2017, deadline for the requirement to provide a completed disclosure template, or a link thereto, on GE program Web pages.

Federal Register, Volume 82 Issue 127 (Wednesday, July 5, 2017)
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Rules and Regulations]
[Pages 30975-30976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14186]


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DEPARTMENT OF EDUCATION

34 CFR Part 668

[Docket ID ED-2017-OPE-0090]


Program Integrity: Gainful Employment

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Announcement of applicable dates; request for comments.

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SUMMARY: On January 6 and January 19, 2017, the Department announced 
dates by which institutions subject to the Department's gainful 
employment (GE) regulations must comply with certain provisions of the 
GE regulations relating to the submission of alternate earnings appeals 
and disclosure requirements. On March 6, 2017, the Department announced 
that it was allowing additional time, until July 1, 2017, to comply 
with those provisions. On June 15, 2017, the Department announced its 
intention to negotiate issues related to gainful employment. This 
document announces that the Department allows additional time, until 
July 1, 2018, for institutions to comply with certain disclosure 
requirements in the GE regulations and invites comment on this action. 
The Department also extends the deadline for all programs to file

[[Page 30976]]

alternate earnings appeals in light of the Court Order in American 
Association of Cosmetology Schools v. DeVos, Civil Action No. 17-0263, 
D.D.C. June 28, 2017 (Court Order). We will issue a Federal Register 
notice to specifically implement the Court Order, including 
establishing new deadlines, and anticipate doing so within 30 days from 
the publication date of this notice. We do not change the July 1, 2017, 
deadline for the requirement to provide a completed disclosure 
template, or a link thereto, on GE program Web pages.

DATES: The Department is allowing additional time--until July 1, 2018--
for institutions to comply with 34 CFR 668.412(d) and (e). We must 
receive your comments on or before August 4, 2017.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via U.S. mail, commercial delivery, or hand delivery. We will not 
accept comments by fax or by email or those submitted after the comment 
period. To ensure that we do not receive duplicate copies, please 
submit your comments only once. In addition, please include the Docket 
ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Are you new to this site?''
    U.S. Mail, Commercial Delivery, or Hand Delivery: If you mail or 
deliver your comments, address them to Scott Filter, U.S. Department of 
Education, 400 Maryland Ave. SW., Room 6W253, Washington, DC 20202.
    Privacy Note: The Department's policy for comments received from 
members of the public (including comments submitted by mail, commercial 
delivery, or hand delivery) is to make these submissions available for 
public viewing in their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available on the internet.

FOR FURTHER INFORMATION CONTACT: Scott Filter, U.S. Department of 
Education, 400 Maryland Ave., SW., Room 6W253, Washington, DC 20202. 
Telephone: (202) 453-7249 or by email at: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: On January 6 and January 19, 2017, the 
Department announced dates by which institutions subject to the 
Department's GE regulations must comply with certain provisions of the 
GE regulations relating to the submission of alternate earnings appeals 
and disclosure requirements. On March 6, 2017, the Department announced 
that it was allowing additional time, until July 1, 2017, to comply 
with those provisions. On June 16, 2017, the Department announced its 
intention to negotiate issues related to gainful employment.
    Consistent with the Department's March 6, 2017 announcement, by 
July 1, 2017, institutions must comply with the requirement in 34 CFR 
668.412(c) to provide a completed disclosure template, or a link 
thereto, on its GE program Web pages. The revised template is available 
for use at https://www2.ed.gov/policy/highered/reg/hearulemaking/2009/negreg-summerfall.html. The Department believes that it should evaluate 
the utility of these disclosures to students and the implementation of 
this requirement prior to requiring institutions to include the 
disclosure template, or a link thereto, in their GE program promotional 
materials and to directly distribute the disclosure template to 
prospective students under 34 CFR 668.412(d) and (e). Moreover, the 
Department expects to further review these requirements as part of its 
review of the GE regulations and their implementation, including 
through negotiated rulemaking. Accordingly, the Department is allowing 
institutions additional time--until July 1, 2018--to comply with the 
provisions in 34 CFR 668.412(d) and (e).
    The Department also extends the deadline for all programs to file 
alternate earnings appeals in light of the Court Order. We will issue a 
Federal Register notice to specifically implement the Court Order, 
including establishing new deadlines, and anticipate doing so within 30 
days from the publication date of this notice.
    We are inviting your comments on this action. We will consider 
these comments in determining whether to take any future action in 
connection with the implementation of the disclosure requirements.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    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 Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at this 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 of this site, you can limit your search to documents published 
by the Department.

    Dated: June 30, 2017.
Betsy DeVos,
Secretary of Education.
[FR Doc. 2017-14186 Filed 6-30-17; 4:15 pm]
 BILLING CODE 4000-01-P



                                                                Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations                                                30975

                                              responsiveness to small business. If you                 Environmental Policy Act of 1969 (42                  Captain of the Port Buffalo or his
                                              wish to comment on actions by                            U.S.C. 4321–4370f), and have                          designated on-scene representative.
                                              employees of the Coast Guard, call 1–                    determined that this action is one of a                 (2) This safety zone is closed to all
                                              888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       vessel traffic, except as may be
                                              Coast Guard will not retaliate against                   individually or cumulatively have a                   permitted by the Captain of the Port
                                              small entities that question or complain                 significant effect on the human                       Buffalo or his designated on-scene
                                              about this rule or any policy or action                  environment. This rule involves a safety              representative.
                                              of the Coast Guard.                                      zone lasting one hour that will prohibit                (3) The ‘‘on-scene representative’’ of
                                                                                                       entry within 700 feet of the launch area              the Captain of the Port Buffalo is any
                                              C. Collection of Information
                                                                                                       for the fireworks display. It is                      Coast Guard commissioned, warrant or
                                                This rule will not call for a new                      categorically excluded from further                   petty officer who has been designated
                                              collection of information under the                      review under paragraph 34(g) of Figure                by the Captain of the Port Buffalo to act
                                              Paperwork Reduction Act of 1995 (44                      2–1 of the Commandant Instruction. A                  on his behalf.
                                              U.S.C. 3501–3520).                                       Record of Environmental Consideration                   (4) Vessel operators desiring to enter
                                              D. Federalism and Indian Tribal                          (REC) supporting this determination is                or operate within the safety zone shall
                                              Governments                                              available in the docket where indicated               contact the Captain of the Port Buffalo
                                                                                                       in the ADDRESSES section of this                      or his on-scene representative to obtain
                                                 A rule has implications for federalism                preamble.                                             permission to do so. The Captain of the
                                              under Executive Order 13132,                                                                                   Port Buffalo or his on-scene
                                              Federalism, if it has a substantial direct               G. Protest Activities
                                                                                                                                                             representative may be contacted via
                                              effect on the States, on the relationship                  The Coast Guard respects the First                  VHF Channel 16. Vessel operators given
                                              between the national government and                      Amendment rights of protesters.                       permission to enter or operate in the
                                              the States, or on the distribution of                    Protesters are asked to contact the                   safety zone must comply with all
                                              power and responsibilities among the                     person listed in the FOR FURTHER                      directions given to them by the Captain
                                              various levels of government. We have                    INFORMATION CONTACT section to                        of the Port Buffalo, or his on-scene
                                              analyzed this rule under that Order and                  coordinate protest activities so that your            representative.
                                              have determined that it is consistent                    message can be received without
                                              with the fundamental federalism                                                                                   Dated: June 27, 2017.
                                                                                                       jeopardizing the safety or security of
                                              principles and preemption requirements                                                                         J.S. Dufresne,
                                                                                                       people, places or vessels.
                                              described in Executive Order 13132.                                                                            Captain, U.S. Coast Guard, Captain of the
                                                 Also, this rule does not have tribal                  List of Subjects in 33 CFR Part 165                   Port Buffalo.
                                              implications under Executive Order                         Harbors, Marine safety, Navigation                  [FR Doc. 2017–14029 Filed 7–3–17; 8:45 am]
                                              13175, Consultation and Coordination                     (water), Reporting and record keeping                 BILLING CODE 9110–04–P
                                              with Indian Tribal Governments,                          requirements, Security measures,
                                              because it does not have a substantial                   Waterways.
                                              direct effect on one or more Indian                        For the reasons discussed in the                    DEPARTMENT OF EDUCATION
                                              tribes, on the relationship between the                  preamble, the Coast Guard amends 33
                                              Federal Government and Indian tribes,                    CFR part 165 as follows:                              34 CFR Part 668
                                              or on the distribution of power and                                                                            [Docket ID ED–2017–OPE–0090]
                                              responsibilities between the Federal                     PART 165—REGULATED NAVIGATION
                                              Government and Indian tribes. If you                     AREAS AND LIMITED ACCESS AREAS                        Program Integrity: Gainful Employment
                                              believe this rule has implications for
                                              federalism or Indian tribes, please                      ■ 1. The authority citation for part 165              AGENCY:  Office of Postsecondary
                                              contact the person listed in the FOR                     continues to read as follows:                         Education, Department of Education.
                                              FURTHER INFORMATION CONTACT section                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           ACTION: Announcement of applicable
                                              above.                                                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             dates; request for comments.
                                                                                                       Department of Homeland Security Delegation
                                              E. Unfunded Mandates Reform Act                          No. 0170.1.                                           SUMMARY:   On January 6 and January 19,
                                                The Unfunded Mandates Reform Act                                                                             2017, the Department announced dates
                                                                                                       ■ 2. Add § 165.T09–0481 to read as
                                              of 1995 (2 U.S.C. 1531–1538) requires                                                                          by which institutions subject to the
                                                                                                       follows:
                                              Federal agencies to assess the effects of                                                                      Department’s gainful employment (GE)
                                              their discretionary regulatory actions. In               § 165.T09–0481 Safety Zone; Cleveland                 regulations must comply with certain
                                              particular, the Act addresses actions                    Metroparks 100 Year Anniversary Fireworks             provisions of the GE regulations relating
                                              that may result in the expenditure by a                  Display; Lake Erie, Cleveland, OH.                    to the submission of alternate earnings
                                              State, local, or tribal government, in the                  (a) Location. This zone will                       appeals and disclosure requirements.
                                              aggregate, or by the private sector of                   encompass all U.S. waterways within a                 On March 6, 2017, the Department
                                              $100,000,000 (adjusted for inflation) or                 700 foot radius of the fireworks launch               announced that it was allowing
                                              more in any one year. Though this rule                   site located at position 41°29′32.61″ N.,             additional time, until July 1, 2017, to
                                              will not result in such an expenditure,                  081°44′37.69″ W., Cleveland, OH (NAD                  comply with those provisions. On June
                                              we do discuss the effects of this rule                   83).                                                  15, 2017, the Department announced its
                                              elsewhere in this preamble.                                 (b) Effective and Enforcement Period.              intention to negotiate issues related to
                                                                                                       This regulation is effective and will be              gainful employment. This document
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                                              F. Environment                                           enforced on July 22, 2017 from 9:25                   announces that the Department allows
                                                We have analyzed this rule under                       p.m. until 10:25 p.m.                                 additional time, until July 1, 2018, for
                                              Department of Homeland Security                             (c) Regulations. (1) In accordance with            institutions to comply with certain
                                              Management Directive 023–01 and                          the general regulations in § 165.23 of                disclosure requirements in the GE
                                              Commandant Instruction M16475.lD,                        this part, entry into, transiting, or                 regulations and invites comment on this
                                              which guide the Coast Guard in                           anchoring within this safety zone is                  action. The Department also extends the
                                              complying with the National                              prohibited unless authorized by the                   deadline for all programs to file


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                                              30976             Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Rules and Regulations

                                              alternate earnings appeals in light of the               Service (FRS), toll free, at 1–800–877–               listed under FOR FURTHER INFORMATION
                                              Court Order in American Association of                   8339.                                                 CONTACT.
                                              Cosmetology Schools v. DeVos, Civil                                                                               Electronic Access to This Document:
                                              Action No. 17–0263, D.D.C. June 28,                      SUPPLEMENTARY INFORMATION:      On                    The official version of this document is
                                              2017 (Court Order). We will issue a                      January 6 and January 19, 2017, the                   the document published in the Federal
                                              Federal Register notice to specifically                  Department announced dates by which                   Register. Free internet access to the
                                              implement the Court Order, including                     institutions subject to the Department’s              official edition of the Federal Register
                                              establishing new deadlines, and                          GE regulations must comply with                       and the Code of Federal Regulations is
                                              anticipate doing so within 30 days from                  certain provisions of the GE regulations              available via the Federal Digital System
                                              the publication date of this notice. We                  relating to the submission of alternate               at: www.gpo.gov/fdsys. At this site you
                                              do not change the July 1, 2017, deadline                 earnings appeals and disclosure                       can view this document, as well as all
                                              for the requirement to provide a                         requirements. On March 6, 2017, the                   other documents of this Department
                                              completed disclosure template, or a link                 Department announced that it was                      published in the Federal Register, in
                                              thereto, on GE program Web pages.                        allowing additional time, until July 1,               text or Portable Document Format
                                                                                                       2017, to comply with those provisions.                (PDF). To use PDF you must have
                                              DATES: The Department is allowing                        On June 16, 2017, the Department
                                              additional time—until July 1, 2018—for                                                                         Adobe Acrobat Reader, which is
                                                                                                       announced its intention to negotiate                  available free at this site.
                                              institutions to comply with 34 CFR                       issues related to gainful employment.
                                              668.412(d) and (e). We must receive                                                                               You may also access documents of the
                                                                                                          Consistent with the Department’s                   Department published in the Federal
                                              your comments on or before August 4,                     March 6, 2017 announcement, by July 1,
                                              2017.                                                                                                          Register by using the article search
                                                                                                       2017, institutions must comply with the               feature at: www.federalregister.gov.
                                              ADDRESSES: Submit your comments                          requirement in 34 CFR 668.412(c) to                   Specifically, through the advanced
                                              through the Federal eRulemaking Portal                   provide a completed disclosure                        search feature of this site, you can limit
                                              or via U.S. mail, commercial delivery, or                template, or a link thereto, on its GE                your search to documents published by
                                              hand delivery. We will not accept                        program Web pages. The revised                        the Department.
                                              comments by fax or by email or those                     template is available for use at https://
                                              submitted after the comment period. To                                                                           Dated: June 30, 2017.
                                                                                                       www2.ed.gov/policy/highered/reg/
                                              ensure that we do not receive duplicate                  hearulemaking/2009/negreg-                            Betsy DeVos,
                                              copies, please submit your comments                      summerfall.html. The Department                       Secretary of Education.
                                              only once. In addition, please include                   believes that it should evaluate the                  [FR Doc. 2017–14186 Filed 6–30–17; 4:15 pm]
                                              the Docket ID at the top of your                         utility of these disclosures to students              BILLING CODE 4000–01–P
                                              comments.                                                and the implementation of this
                                                 • Federal eRulemaking Portal: Go to                   requirement prior to requiring
                                              www.regulations.gov to submit your                       institutions to include the disclosure                ENVIRONMENTAL PROTECTION
                                              comments electronically. Information                     template, or a link thereto, in their GE              AGENCY
                                              on using Regulations.gov, including                      program promotional materials and to
                                              instructions for accessing agency                        directly distribute the disclosure                    40 CFR Parts 52 and 81
                                              documents, submitting comments, and                      template to prospective students under                [EPA–R04–OAR–2016–0601; FRL–9964–41–
                                              viewing the docket, is available on the                  34 CFR 668.412(d) and (e). Moreover,                  Region 4]
                                              site under ‘‘Are you new to this site?’’                 the Department expects to further
                                                 U.S. Mail, Commercial Delivery, or                    review these requirements as part of its              Air Plan Approval and Designation of
                                              Hand Delivery: If you mail or deliver                    review of the GE regulations and their                Areas; KY; Redesignation of the
                                              your comments, address them to Scott                     implementation, including through                     Kentucky Portion of the Cincinnati-
                                              Filter, U.S. Department of Education,                    negotiated rulemaking. Accordingly, the               Hamilton 2008 8-Hour Ozone
                                              400 Maryland Ave. SW., Room 6W253,                       Department is allowing institutions                   Nonattainment Area to Attainment
                                              Washington, DC 20202.                                    additional time—until July 1, 2018—to
                                                                                                       comply with the provisions in 34 CFR                  AGENCY:  Environmental Protection
                                                 Privacy Note: The Department’s
                                                                                                       668.412(d) and (e).                                   Agency.
                                              policy for comments received from
                                              members of the public (including                                                                               ACTION: Final rule.
                                                                                                          The Department also extends the
                                              comments submitted by mail,                              deadline for all programs to file                     SUMMARY:    On August 26, 2016, the
                                              commercial delivery, or hand delivery)                   alternate earnings appeals in light of the            Commonwealth of Kentucky, through
                                              is to make these submissions available                   Court Order. We will issue a Federal                  the Kentucky Energy and Environment
                                              for public viewing in their entirety on                  Register notice to specifically                       Cabinet, Division for Air Quality (DAQ),
                                              the Federal eRulemaking Portal at                        implement the Court Order, including                  submitted a request for the
                                              www.regulations.gov. Therefore,                          establishing new deadlines, and                       Environmental Protection Agency (EPA)
                                              commenters should be careful to                          anticipate doing so within 30 days from               to redesignate the Kentucky portion of
                                              include in their comments only                           the publication date of this notice.                  the tri-state Cincinnati-Hamilton, Ohio-
                                              information that they wish to make                          We are inviting your comments on                   Kentucky-Indiana 2008 8-hour ozone
                                              publicly available on the internet.                      this action. We will consider these                   nonattainment area (hereinafter referred
                                              FOR FURTHER INFORMATION CONTACT:                         comments in determining whether to                    to as the ‘‘Cincinnati-Hamilton, OH-KY-
                                              Scott Filter, U.S. Department of                         take any future action in connection                  IN Area’’ or ‘‘Area’’) to attainment for
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                                              Education, 400 Maryland Ave., SW.,                       with the implementation of the                        the 2008 8-hour ozone National
                                              Room 6W253, Washington, DC 20202.                        disclosure requirements.                              Ambient Air Quality Standards
                                              Telephone: (202) 453–7249 or by email                       Accessible Format: Individuals with                (NAAQS) and to approve the portions of
                                              at: Scott.Filter@ed.gov.                                 disabilities can obtain this document in              the State Implementation Plan (SIP)
                                                 If you use a telecommunications                       an accessible format (e.g., braille, large            revision containing a maintenance plan
                                              device for the deaf (TDD) or a text                      print, audiotape, or compact disc) on                 and base year emissions inventory for
                                              telephone (TTY), call the Federal Relay                  request to the program contact person                 the Area. EPA is taking final action to


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Document Created: 2017-07-04 02:00:48
Document Modified: 2017-07-04 02:00:48
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 applicable dates; request for comments.
DatesThe Department is allowing additional time--until July 1, 2018-- for institutions to comply with 34 CFR 668.412(d) and (e). We must receive your comments on or before August 4, 2017.
ContactScott Filter, U.S. Department of Education, 400 Maryland Ave., SW., Room 6W253, Washington, DC 20202. Telephone: (202) 453-7249 or by email at: [email protected]
FR Citation82 FR 30975 

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