82 FR 8669 - Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act-Accountability and State Plans; Open Licensing Requirement for Competitive Grant Programs; Family Educational Rights and Privacy Act
DEPARTMENT OF EDUCATION Federal Register Volume 82, Issue 18 (January 30, 2017)
Federal Register Volume 82, Issue 18 (January 30, 2017)
| Page Range | 8669-8670 | |
| FR Document | 2017-02056 |
[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)] [Rules and Regulations] [Pages 8669-8670] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02056] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Rules and Regulations [[Page 8669]] DEPARTMENT OF EDUCATION 2 CFR Part 3474 34 CFR Parts 99, 200, and 299 [Docket ID ED-2016-OESE-0032; Docket ID ED-2015-OS-0105] RIN 1810-AB27; 1894-AA07 Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act--Accountability and State Plans; Open Licensing Requirement for Competitive Grant Programs; Family Educational Rights and Privacy Act AGENCY: Office of Elementary and Secondary Education; Office of the Chief Privacy Officer, Office of Management; Office of the Secretary; Department of Education. ACTION: Final regulations; delay of effective dates. ----------------------------------------------------------------------- SUMMARY: In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017, the Department delays the effective dates of the following regulations until March 21, 2017: Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act-- Accountability and State Plans (ESSA Accountability and State Plans), RIN 1810-AB27; Open Licensing Requirement for Competitive Grant Programs (Open Licensing), RIN 1894-AA07; and Family Educational Rights and Privacy Act. DATES: Effective January 30, 2017, the effective date of the final rules published on November 29, 2016 at 81 FR 86076; January 19, 2017 at 82 FR 7376; and January 19, 2017 at 82 FR 6252, respectively, is delayed to March 21, 2017. FOR FURTHER INFORMATION CONTACT: Hilary Malawer, Assistant General Counsel, U.S. Department of Education, 400 Maryland Avenue SW., Room 6E231, Washington, DC 20202. Telephone: (202) 401-6148 or by email: [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 January 20, 2017, the Assistant to the President and Chief of Staff issued a memorandum entitled, ``Regulatory Freeze Pending Review.'' This memorandum directed heads of executive departments and agencies to take certain steps to ensure that the President's appointees and designees have the opportunity to review new or pending regulations. It instructed agencies to temporarily postpone the effective dates of regulations that had been published in the Federal Register but were not yet effective until 60 days after the date of the memorandum (January 20, 2017). In accordance with that directive, the Department is delaying the effective dates of the regulations listed below as follows: -------------------------------------------------------------------------------------------------------------------------------------------------------- RIN Title Agency contact Original effective date Delayed effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- 1810-AB27........................... ESSA-Accountability Meredith Miller, OESE January 30, 2017................ March 21, 2017. and State Plans. (202) 401-8368 [email protected]. 1894-AA07........................... Open Licensing Sharon Leu, Office of March 20, 2017.................. March 21, 2017. Requirement for the Secretary (202) Competitive Grant 453-5646 [email protected]. Programs. 2017-00958.......................... Family Educational Kathleen Styles, February 21, 2017............... March 21, 2017. Rights and Privacy Office of Management Act. (855) 249-3072 [email protected]. -------------------------------------------------------------------------------------------------------------------------------------------------------- This is the first of several regulatory actions the Department intends to take regarding regulations that have been published in the Federal Register but had not taken effect as of January 20, 2017, including the Department's regulations for Borrower Defense (RIN 1840- AD19), TEACH Grants (RIN 1840-AD07), and State Authorization (RIN 1840- AD20) issued under title IV of the Higher Education Act of 1965, as amended. Waiver of Rulemaking and Delayed Effective Date: Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed regulations and publishes rules not less than 30 days before their effective dates. However, the APA provides that an agency is not required to conduct notice-and-comment rulemaking or delay effective dates when the agency, for good cause, finds that the requirement is impracticable, unnecessary, or contrary to the public interest (5 U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive both of these requirements here as the President's appointees and designees need to delay the effective dates of these regulations to have adequate time to review new or pending regulations, and neither the notice and comment processes nor delayed effective date could be implemented in time to allow for this review. Accessible Format: Individuals with disabilities may obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the 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 [[Page 8670]] (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.Federal Register.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. List of Subjects 2 CFR Part 3474 Accounting; Administrative practice and procedure; Adult education; Aged; Agriculture; American Samoa; Bilingual education; Blind; Business and industry; Civil rights; Colleges and universities; Communications; Community development; Community facilities; Copyright; Credit; Cultural exchange programs; Educational facilities; Educational research; Education; Education of disadvantaged; Education of individuals with disabilities; Educational study programs; Electric power; Electric power rates; Electric utilities; Elementary and secondary education; Energy conservation; Equal educational opportunity; Federally affected areas; Government contracts; Grant programs; Grant programs-agriculture; Grant programs-business and industry; Grant programs-communications; Grant programs-education; Grant programs-energy; Grant programs-health; Grant programs-housing and community development; Grant programs-social programs; Grant administration; Guam; Home improvement; Homeless; Hospitals; Housing; Human research subjects; Indians; Indians-education; Infants and children; Insurance; Intergovernmental relations; International organizations; Inventions and patents; Loan programs; Loan programs social programs; Loan programs-agriculture; Loan programs-business and industry; Loan programs-communications; Loan programs-energy; Loan programs-health; Loan programs-housing and community development; Manpower training programs; Migrant labor; Mortgage insurance; Nonprofit organizations; Northern Mariana Islands; Pacific Islands Trust Territories; Privacy; Renewable Energy; Reporting and recordkeeping requirements; Rural areas; Scholarships and fellowships; School construction; Schools; Science and technology; Securities; Small businesses; State and local governments; Student aid; Teachers; Telecommunications; Telephone; Urban areas; Veterans; Virgin Islands; Vocational education; Vocational rehabilitation; Waste treatment and disposal; Water pollution control; Water resources; Water supply; Watersheds; Women. 34 CFR Part 99 Administrative practice and procedure; Privacy; Reporting and recordkeeping requirements; Students. 34 CFR Part 200 Elementary and secondary education; Grant programs-education; Indians-education; Infants and children; Juvenile delinquency; Migrant labor; Private schools; Reporting and recordkeeping requirements. 34 CFR Part 299 Administrative practice and procedure; Elementary and secondary education; Grant programs-education; Private schools; Reporting and recordkeeping requirements. Dated: January 26, 2017. Philip H. Rosenfelt, Acting Secretary of Education. [FR Doc. 2017-02056 Filed 1-27-17; 8:45 am] BILLING CODE 4000-01-P
![8669
Rules and Regulations Federal Register
Vol. 82, No. 18
Monday, January 30, 2017
This section of the FEDERAL REGISTER Chief Privacy Officer, Office of FOR FURTHER INFORMATION CONTACT:
contains regulatory documents having general Management; Office of the Secretary; Hilary Malawer, Assistant General
applicability and legal effect, most of which Department of Education. Counsel, U.S. Department of Education,
are keyed to and codified in the Code of 400 Maryland Avenue SW., Room
Federal Regulations, which is published under ACTION: Final regulations; delay of
effective dates. 6E231, Washington, DC 20202.
50 titles pursuant to 44 U.S.C. 1510.
Telephone: (202) 401–6148 or by email:
The Code of Federal Regulations is sold by SUMMARY: In accordance with the hilary.malawer@ed.gov.
the Superintendent of Documents. Prices of memorandum of January 20, 2017, from If you use a telecommunications
new books are listed in the first FEDERAL the Assistant to the President and Chief device for the deaf or text telephone,
REGISTER issue of each week. of Staff, entitled ‘‘Regulatory Freeze call the Federal Relay Service, toll free,
Pending Review,’’ published in the at 1–800–877–8339.
Federal Register on January 24, 2017, SUPPLEMENTARY INFORMATION: On
DEPARTMENT OF EDUCATION the Department delays the effective January 20, 2017, the Assistant to the
dates of the following regulations until President and Chief of Staff issued a
2 CFR Part 3474 March 21, 2017: Elementary and memorandum entitled, ‘‘Regulatory
Secondary Education Act of 1965, as Freeze Pending Review.’’ This
34 CFR Parts 99, 200, and 299 Amended by the Every Student memorandum directed heads of
[Docket ID ED–2016–OESE–0032; Docket ID Succeeds Act—Accountability and State executive departments and agencies to
ED–2015–OS–0105] Plans (ESSA Accountability and State take certain steps to ensure that the
Plans), RIN 1810–AB27; Open Licensing President’s appointees and designees
RIN 1810–AB27; 1894–AA07 Requirement for Competitive Grant have the opportunity to review new or
Programs (Open Licensing), RIN 1894– pending regulations. It instructed
Elementary and Secondary Education AA07; and Family Educational Rights
Act of 1965, as Amended by the Every agencies to temporarily postpone the
and Privacy Act. effective dates of regulations that had
Student Succeeds Act—Accountability
and State Plans; Open Licensing DATES: Effective January 30, 2017, the been published in the Federal Register
Requirement for Competitive Grant effective date of the final rules but were not yet effective until 60 days
Programs; Family Educational Rights published on November 29, 2016 at 81 after the date of the memorandum
and Privacy Act FR 86076; January 19, 2017 at 82 FR (January 20, 2017). In accordance with
7376; and January 19, 2017 at 82 FR that directive, the Department is
AGENCY:Office of Elementary and 6252, respectively, is delayed to March delaying the effective dates of the
Secondary Education; Office of the 21, 2017. regulations listed below as follows:
Original Delayed
RIN Title Agency contact effective date effective date
1810–AB27 .......... ESSA–Accountability and State Meredith Miller, OESE (202) 401–8368 January 30, 2017 .... March 21, 2017.
Plans. Meredith.Miller@ed.gov.
1894–AA07 .......... Open Licensing Requirement for Sharon Leu, Office of the Secretary March 20, 2017 ....... March 21, 2017.
Competitive Grant Programs. (202) 453–5646 tech@ed.gov.
2017–00958 ......... Family Educational Rights and Kathleen Styles, Office of Management February 21, 2017 .. March 21, 2017.
Privacy Act. (855) 249–3072 PrivacyTA@ed.gov.
This is the first of several regulatory days before their effective dates. Accessible Format: Individuals with
actions the Department intends to take However, the APA provides that an disabilities may obtain this document in
regarding regulations that have been agency is not required to conduct an accessible format (e.g., braille, large
published in the Federal Register but notice-and-comment rulemaking or print, audiotape, or compact disc) on
had not taken effect as of January 20, delay effective dates when the agency, request to the contact person listed
2017, including the Department’s for good cause, finds that the under FOR FURTHER INFORMATION
regulations for Borrower Defense (RIN requirement is impracticable, CONTACT.
1840–AD19), TEACH Grants (RIN 1840– unnecessary, or contrary to the public Electronic Access to This Document:
AD07), and State Authorization (RIN interest (5 U.S.C. 553(b)(B) and (d)(3)). The official version of this document is
1840–AD20) issued under title IV of the There is good cause to waive both of the document published in the Federal
Higher Education Act of 1965, as these requirements here as the Register. Free Internet access to the
amended. President’s appointees and designees official edition of the Federal Register
mstockstill on DSK3G9T082PROD with RULES
Waiver of Rulemaking and Delayed need to delay the effective dates of these and the Code of Federal Regulations is
Effective Date: Under the regulations to have adequate time to available via the Federal Digital System
Administrative Procedure Act (APA) (5 review new or pending regulations, and at: www.gpo.gov/fdsys. At this site you
U.S.C. 553), the Department generally neither the notice and comment can view this document, as well as all
offers interested parties the opportunity processes nor delayed effective date other documents of this Department
to comment on proposed regulations could be implemented in time to allow published in the Federal Register, in
and publishes rules not less than 30 for this review. text or Portable Document Format
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![8670 Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Rules and Regulations
(PDF). To use PDF you must have Vocational education; Vocational 2015 (the 2015 Act) amended the
Adobe Acrobat Reader, which is rehabilitation; Waste treatment and Federal Civil Penalties Inflation
available free at the site. disposal; Water pollution control; Water Adjustment Act of 1990 (the Inflation
You may also access documents of the resources; Water supply; Watersheds; Adjustment Act) 1 to improve the
Department published in the Federal Women. effectiveness of civil monetary penalties
Register by using the article search and to maintain their deterrent effect.
feature at: www.Federal Register.gov. 34 CFR Part 99 The Inflation Adjustment Act provides
Specifically, through the advanced Administrative practice and for the regular evaluation of CMPs and
search feature at this site, you can limit procedure; Privacy; Reporting and requires FCSIC, and every other Federal
your search to documents published by recordkeeping requirements; Students. agency with authority to impose CMPs,
the Department. to ensure that CMPs continue to
34 CFR Part 200
maintain their deterrent values.2
List of Subjects Elementary and secondary education; FCSIC must enact regulations that
2 CFR Part 3474 Grant programs-education; Indians- annually adjust its CMPs pursuant to
education; Infants and children; the inflation adjustment formula of the
Accounting; Administrative practice
Juvenile delinquency; Migrant labor; amended Inflation Adjustment Act and
and procedure; Adult education; Aged;
Private schools; Reporting and rounded using a method prescribed by
Agriculture; American Samoa; Bilingual
recordkeeping requirements. the Inflation Adjustment Act. The new
education; Blind; Business and
industry; Civil rights; Colleges and amounts will apply to penalties
34 CFR Part 299
assessed on or after the effective date of
universities; Communications; Administrative practice and this rule. Agencies do not have
Community development; Community procedure; Elementary and secondary discretion in choosing whether to adjust
facilities; Copyright; Credit; Cultural education; Grant programs-education; a CMP, by how much to adjust a CMP,
exchange programs; Educational Private schools; Reporting and or the methods used to determine the
facilities; Educational research; recordkeeping requirements. adjustment.
Education; Education of disadvantaged;
Education of individuals with Dated: January 26, 2017. B. CMPs Imposed Pursuant to Section
disabilities; Educational study Philip H. Rosenfelt, 5.65 of the Farm Credit Act
programs; Electric power; Electric Acting Secretary of Education. First, section 5.65(c) of the Farm
power rates; Electric utilities; [FR Doc. 2017–02056 Filed 1–27–17; 8:45 am] Credit Act, as amended (Act), provides
Elementary and secondary education; BILLING CODE 4000–01–P that any insured Farm Credit System
Energy conservation; Equal educational bank that willfully fails or refuses to file
opportunity; Federally affected areas; any certified statement or pay any
Government contracts; Grant programs; FARM CREDIT SYSTEM INSURANCE required premium shall be subject to a
Grant programs-agriculture; Grant CORPORATION penalty of not more than $100 for each
programs-business and industry; Grant day that such violations continue,
programs-communications; Grant 12 CFR Part 1411 which penalty FCSIC may recover for its
programs-education; Grant programs- RIN 3055–AA13 use.3 Second, section 5.65(d) of the Act
energy; Grant programs-health; Grant provides that, except with the prior
programs-housing and community Rules of Practice and Procedure; written consent of the Farm Credit
development; Grant programs-social Adjusting Civil Money Penalties for Administration, it shall be unlawful for
programs; Grant administration; Guam; Inflation any person convicted of any criminal
Home improvement; Homeless; offense involving dishonesty or a breach
Hospitals; Housing; Human research AGENCY: Farm Credit System Insurance
of trust to serve as a director, officer, or
subjects; Indians; Indians-education; Corporation.
employee of any System institution.4
Infants and children; Insurance; ACTION: Final rule. For each willful violation of section
Intergovernmental relations; 5.65(d), the institution involved shall be
International organizations; Inventions SUMMARY: This rule implements
inflation adjustments to civil money subject to a penalty of not more than
and patents; Loan programs; Loan $100 for each day during which the
programs social programs; Loan penalties (CMPs) that the Farm Credit
System Insurance Corporation (FCSIC) violation continues, which FCSIC may
programs-agriculture; Loan programs- recover for its use.
business and industry; Loan programs- may impose under the Farm Credit Act
FCSIC’s current § 1411.1 provides that
communications; Loan programs- of 1971, as amended. These adjustments
FCSIC can impose a maximum penalty
energy; Loan programs-health; Loan are required by 2015 amendments to the
programs-housing and community Federal Civil Penalties Inflation 1 Public Law 101–410, Oct. 5, 1990, 104 Stat. 890,
development; Manpower training Adjustment Act of 1990. as amended by Public Law 104–134, title III, sec.
programs; Migrant labor; Mortgage DATES: This rule will become effective 31001(s)(1), Apr. 26, 1996, 110 Stat. 1321–373;
January 30, 2017. Public Law 105–362, title XIII, sec. 1301(a), Nov.
insurance; Nonprofit organizations; 10, 1998, 112 Stat. 3293; Public Law 114–74, title
Northern Mariana Islands; Pacific FOR FURTHER INFORMATION CONTACT: VII, sec. 701(b), Nov. 2, 2015, 129 Stat. 599.
Islands Trust Territories; Privacy; Howard Rubin, General Counsel, Farm 2 Under the amended Inflation Adjustment Act, a
Renewable Energy; Reporting and Credit System Insurance Corporation, CMP is defined as any penalty, fine, or other
sanction that: (1) Either is for a specific monetary
recordkeeping requirements; Rural 1501 Farm Credit Drive, McLean, amount as provided by Federal law or has a
mstockstill on DSK3G9T082PROD with RULES
areas; Scholarships and fellowships; Virginia 22102, (703) 883–4380, TTY maximum amount provided for by Federal law; (2)
School construction; Schools; Science (703) 883–4390. is assessed or enforced by an agency pursuant to
and technology; Securities; Small SUPPLEMENTARY INFORMATION: Federal law; and (3) is assessed or enforced
pursuant to an administrative proceeding or a civil
businesses; State and local governments; action in the Federal courts. All three requirements
Student aid; Teachers; A. Background
must be met for a fine to be considered a CMP.
Telecommunications; Telephone; Urban The Federal Civil Penalties Inflation 3 12 U.S.C. 2277a–14(c).
areas; Veterans; Virgin Islands; Adjustment Act Improvements Act of 4 12 U.S.C. 2277a–14(d)
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Document Created: 2017-01-28 01:26:11
Document Modified: 2017-01-28 01:26:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final regulations; delay of effective dates. | |
| Dates | Effective January 30, 2017, the effective date of the final rules published on November 29, 2016 at 81 FR 86076; January 19, 2017 at 82 FR 7376; and January 19, 2017 at 82 FR 6252, respectively, is delayed to March 21, 2017. | |
| Contact | Hilary Malawer, Assistant General Counsel, U.S. Department of Education, 400 Maryland Avenue SW., Room 6E231, Washington, DC 20202. Telephone: (202) 401-6148 or by email: [email protected] | |
| FR Citation | 82 FR 8669 | |
| RIN Number | 1810-AB27 and 1894-AA07 | |
| CFR Citation | 2
CFR
3474 34 CFR 200 34 CFR 299 34 CFR 99 | |
| CFR Associated | Accounting; Administrative Practice and Procedure; Adult Education; Aged; Agriculture; American Samoa; Bilingual Education; Blind; Business and Industry; Civil Rights; Colleges and Universities; Communications; Community Development; Community Facilities; Copyright; Credit; Cultural Exchange Programs; Educational Facilities; Educational Research; Education; Education of Disadvantaged; Education of Individuals with Disabilities; Educational Study Programs; Electric Power; Electric Power Rates; Electric Utilities; Elementary and Secondary Education; Energy Conservation; Equal Educational Opportunity; Federally Affected Areas; Government Contracts; Grant Programs; Grant Programs-Agriculture; Grant Programs-Business and Industry; Grant Programs-Communications; Grant Programs-Education; Grant Programs-Energy; Grant Programs-Health; Grant Programs-Housing and Community Development; Grant Programs-Social Programs; Grant Administration; Guam; Home Improvement; Homeless; Hospitals; Housing; Human Research Subjects; Indians; Indians-Education; Infants and Children; Insurance; Intergovernmental Relations; International Organizations; Inventions and Patents; Loan Programs; Loan Programs Social Programs; Loan Programs-Agriculture; Loan Programs-Business and Industry; Loan Programs-Communications; Loan Programs-Energy; Loan Programs-Health; Loan Programs-Housing and Community Development; Manpower Training Programs; Migrant Labor; Mortgage Insurance; Nonprofit Organizations; Northern Mariana Islands; Pacific Islands Trust Territories; Privacy; Renewable Energy; Reporting and Recordkeeping Requirements; Rural Areas; Scholarships and Fellowships; School Construction; Schools; Science and Technology; Securities; Small Businesses; State and Local Governments; Student Aid; Teachers; Telecommunications; Telephone; Urban Areas; Veterans; Virgin Islands; Vocational Education; Vocational Rehabilitation; Waste Treatment and Disposal; Water Pollution Control; Water Resources; Water Supply; Watersheds; Women; Elementary and Secondary Education; Grant Programs-Education; Indians-Education; Infants and Children; Juvenile Delinquency; Migrant Labor; Private Schools; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Privacy; Reporting and Recordkeeping Requirements; Students and Administrative Practice and Procedure; Elementary and Secondary Education; Grant Programs-Education; Private Schools; Reporting and Recordkeeping Requirements |
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