83_FR_28294 83 FR 28177 - Program Integrity: Gainful Employment

83 FR 28177 - Program Integrity: Gainful Employment

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range28177-28178
FR Document2018-13054

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 disclosure requirements in the GE regulations. On July 5, 2017, the Department announced that it was allowing additional time, until July 1, 2018, to comply with those provisions. This document announces that the Department allows additional time, until July 1, 2019, for institutions to comply with those disclosure requirements in the GE regulations and invites comment on this action.

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Proposed Rules]
[Pages 28177-28178]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13054]


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DEPARTMENT OF EDUCATION

[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 disclosure 
requirements in the GE regulations. On July 5, 2017, the Department 
announced that it was allowing additional time, until July 1, 2018, to 
comply with those provisions. This document announces that the 
Department allows additional time, until July 1, 2019, for institutions 
to comply with those disclosure requirements in the GE regulations and 
invites comment on this action.

DATES: The Department is allowing additional time--until July 1, 2019--
for institutions to comply with 34 CFR 668.412(d) and (e). We must 
receive your comments on or before July 18, 2018.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal 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 ``Help.''
     Postal Mail, Commercial Delivery, or Hand Delivery: If you 
mail or deliver your comments, address them to Jean-Didier Gaina, U.S. 
Department of Education, 400 Maryland Ave. SW, Room 290-34, 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 290-42, Washington, DC 20202. 
Telephone: (202) 453-7249. 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: Under 34 CFR 668.412(d) and (e), 
institutions subject to the GE regulations would be required to include 
a disclosure template with information specified by the Department, or 
a link thereto, in their GE program promotional materials

[[Page 28178]]

and to directly distribute the disclosure template to prospective 
students.
    On January 6 and January 19, 2017, the Department announced dates 
by which institutions subject to the GE regulations must comply with 
certain provisions of the GE regulations, including the requirements in 
34 CFR 668.412(d) and (e). On March 6, 2017, the Department announced 
that it was allowing additional time, until July 1, 2017, to comply 
with those requirements. On June 30, 2017 in an electronic announcement 
and in a notice published in the Federal Register on July 5, 2017, the 
Department announced that it was allowing additional time, until July 
1, 2018, to comply with those requirements and invited comment (82 FR 
30975). The Department received 45 comments on that action. Many 
commenters expressed general support for the GE regulations, while 
others expressed general opposition to the GE regulations. One 
commenter recommended the development of a mass upload tool for GE 
disclosure templates. Another commenter requested the Department review 
the information that had to be disclosed for GE programs, as they 
contended the disclosures were confusing to students. Other commenters 
provided comments on other aspects of the GE regulations, such as on 
the alternate earnings appeals process, the student warning 
requirement, and the reporting requirements.
    From December 4, 2017, through March 15, 2018, the Department 
conducted three negotiated rulemaking sessions related to the GE 
regulations. The committee did not reach consensus. The Department 
intends to develop proposed regulations that would replace the GE 
regulations. As part of this rulemaking process, the Department 
continues to evaluate the efficacy of these disclosures to students, 
including the manner in which the GE regulations would require 
institutions make these disclosures, and the burden associated with the 
implementation of these requirements. As the Department continues to 
review the utility of these requirements in connection with the 
proposed rulemaking, we are allowing institutions additional time--
until July 1, 2019--to comply with the provisions in 34 CFR 668.412(d) 
and (e). The requirements in 34 CFR 668.412(a), (b), and (c) that 
schools post disclosures on their program websites using the approved 
disclosure template provided by the Department and that those 
disclosures be updated annually remain in effect.
    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. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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 13, 2018.
Betsy DeVos,
Secretary of Education.
[FR Doc. 2018-13054 Filed 6-15-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                                         Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules                                           28177

                                                outcome of this rulemaking. If you                      zone established under this section, the               Department allows additional time,
                                                submit a comment, please include the                    COTP will publish a notice of                          until July 1, 2019, for institutions to
                                                docket number for this rulemaking,                      enforcement in the Federal Register as                 comply with those disclosure
                                                indicate the specific section of this                   early as is practicable. In addition, the              requirements in the GE regulations and
                                                document to which each comment                          COTP will also inform the public of the                invites comment on this action.
                                                applies, and provide a reason for each                  enforcement area and times of this                     DATES: The Department is allowing
                                                suggestion or recommendation.                           section as indicated in paragraph (d)                  additional time—until July 1, 2019—for
                                                   We encourage you to submit                           Information broadcasts.                                institutions to comply with 34 CFR
                                                comments through the Federal                              (c) Regulations. (1) In accordance with              668.412(d) and (e). We must receive
                                                eRulemaking Portal at http://                           the general regulations in § 165.23, entry             your comments on or before July 18,
                                                www.regulations.gov. If your material                   into this zone is prohibited to all vessels            2018.
                                                cannot be submitted using http://                       and persons except vessels authorized
                                                www.regulations.gov, contact the person                 by the COTP or designated                              ADDRESSES:    Submit your comments
                                                in the FOR FURTHER INFORMATION                          representative. A designated                           through the Federal eRulemaking Portal
                                                CONTACT section of this document for                    representative means any Coast Guard                   or via postal mail, commercial delivery,
                                                alternate instructions.                                 commissioned, warrant, or petty officer                or hand delivery. We will not accept
                                                   We accept anonymous comments. All                    of the U.S. Coast Guard assigned to                    comments by fax or by email or those
                                                comments received will be posted                        units under the operational control of                 submitted after the comment period. To
                                                without change to http://                               Sector New Orleans.                                    ensure that we do not receive duplicate
                                                www.regulations.gov and will include                      (2) Persons and vessels requiring                    copies, please submit your comments
                                                any personal information you have                       entry into this safety zone must request               only once. In addition, please include
                                                provided. For more about privacy and                    permission from the COTP or a                          the Docket ID at the top of your
                                                the docket, visit http://                               designated representative. They may be                 comments.
                                                www.regulations.gov/privacyNotice.                      contacted on VHF–FM Channel 16 or 67                      • Federal eRulemaking Portal: Go to
                                                   Documents mentioned in this NPRM                     or by telephone at (504) 365–2200.                     www.regulations.gov to submit your
                                                as being available in the docket, and all                 (3) Persons and vessels permitted to                 comments electronically. Information
                                                public comments, will be in our online                  enter this safety zone must transit at                 on using Regulations.gov, including
                                                docket at http://www.regulations.gov                    their slowest safe speed and comply                    instructions for accessing agency
                                                and can be viewed by following that                     with all lawful directions issued by the               documents, submitting comments, and
                                                website’s instructions. Additionally, if                COTP or the designated representative.                 viewing the docket, is available on the
                                                you go to the online docket and sign up                   (d) Information broadcasts. The COTP                 site under ‘‘Help.’’
                                                for email alerts, you will be notified                  or a designated representative will                       • Postal Mail, Commercial Delivery,
                                                when comments are posted or a final                     inform the public of the enforcement                   or Hand Delivery: If you mail or deliver
                                                rule is published.                                      period of this safety zone through Vessel              your comments, address them to Jean-
                                                                                                        Traffic Service Advisories, Broadcast                  Didier Gaina, U.S. Department of
                                                List of Subjects in 33 CFR Part 165                                                                            Education, 400 Maryland Ave. SW,
                                                                                                        Notices to Mariners (BNMs), Local
                                                  Harbors, Marine safety, Navigation                    Notice to Mariners (LNMs), and/or                      Room 290–34, Washington, DC 20202.
                                                (water), Reporting and recordkeeping                    Marine Safety Information Bulletins                       Privacy Note: The Department’s
                                                requirements, Security measures,                        (MSIBs) as appropriate.                                policy for comments received from
                                                Waterways.                                                                                                     members of the public (including
                                                                                                          Dated: June 11, 2018.
                                                  For the reasons discussed in the                                                                             comments submitted by mail,
                                                                                                        Wayne R. Arguin,                                       commercial delivery, or hand delivery)
                                                preamble, the Coast Guard amends 33
                                                                                                        Captain, U.S. Coast Guard, Captain of the              is to make these submissions available
                                                CFR part 165 as follows:                                Port Sector New Orleans.                               for public viewing in their entirety on
                                                PART 165—REGULATED NAVIGATION                           [FR Doc. 2018–13025 Filed 6–15–18; 8:45 am]            the Federal eRulemaking Portal at
                                                AREAS AND LIMITED ACCESS AREAS                          BILLING CODE 9110–04–P                                 www.regulations.gov. Therefore,
                                                                                                                                                               commenters should be careful to
                                                ■ 1. The authority citation for part 165                                                                       include in their comments only
                                                continues to read as follows:                           DEPARTMENT OF EDUCATION                                information that they wish to make
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             [Docket ID ED–2017–OPE–0090]                           publicly available on the internet.
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      FOR FURTHER INFORMATION CONTACT:
                                                Department of Homeland Security Delegation              Program Integrity: Gainful Employment                  Scott Filter, U.S. Department of
                                                No. 0170.1.
                                                                                                                                                               Education, 400 Maryland Ave. SW,
                                                ■   2. Add § 165.845 to read as follows:                AGENCY:  Office of Postsecondary
                                                                                                                                                               Room 290–42, Washington, DC 20202.
                                                                                                        Education, Department of Education.
                                                                                                                                                               Telephone: (202) 453–7249. Email at:
                                                § 165.845 Safety Zone; Lower Mississippi                ACTION: Announcement of applicable
                                                River, mile markers 94 to 97 above Head of
                                                                                                                                                               Scott.Filter@ed.gov.
                                                                                                        dates; request for comments.                              If you use a telecommunications
                                                Passes, New Orleans, LA
                                                                                                        SUMMARY:   On January 6 and January 19,                device for the deaf (TDD) or a text
                                                  (a) Location. The following area is a
                                                                                                        2017, the Department announced dates                   telephone (TTY), call the Federal Relay
                                                safety zone: All navigable waters of the
                                                                                                        by which institutions subject to the                   Service (FRS), toll free, at 1–800–877–
                                                Lower Mississippi River, New Orleans,
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                                                                                                        Department’s gainful employment (GE)                   8339.
                                                LA from mile marker (MM) 94 to MM
                                                97 above Head of Passes.                                regulations must comply with certain                   SUPPLEMENTARY INFORMATION:    Under 34
                                                  (b) Enforcement period. The safety                    disclosure requirements in the GE                      CFR 668.412(d) and (e), institutions
                                                zone established by this section will be                regulations. On July 5, 2017, the                      subject to the GE regulations would be
                                                enforced only upon notice of the                        Department announced that it was                       required to include a disclosure
                                                Captain of the Port Sector New Orleans                  allowing additional time, until July 1,                template with information specified by
                                                (COTP). In accordance with 33 CFR                       2018, to comply with those provisions.                 the Department, or a link thereto, in
                                                165.7, for each enforcement of the safety               This document announces that the                       their GE program promotional materials


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                                                28178                    Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Proposed Rules

                                                and to directly distribute the disclosure                  We are inviting your comments on                    received in the U.S. Copyright Office no
                                                template to prospective students.                       this action. We will consider these                    later than July 18, 2018.
                                                   On January 6 and January 19, 2017,                   comments in determining whether to
                                                                                                                                                               ADDRESSES:     For reasons of government
                                                the Department announced dates by                       take any future action in connection
                                                                                                                                                               efficiency, the Copyright Office is using
                                                which institutions subject to the GE                    with the implementation of the
                                                                                                        disclosure requirements.                               the regulations.gov system for the
                                                regulations must comply with certain
                                                                                                           Accessible Format: Individuals with                 submission and posting of public
                                                provisions of the GE regulations,
                                                                                                        disabilities can obtain this document in               comments in this proceeding. All
                                                including the requirements in 34 CFR
                                                                                                        an accessible format (e.g., Braille, large             comments are therefore to be submitted
                                                668.412(d) and (e). On March 6, 2017,
                                                                                                        print, audiotape, or compact disc) on                  electronically through regulations.gov.
                                                the Department announced that it was
                                                                                                        request to the program contact person                  Specific instructions for submitting
                                                allowing additional time, until July 1,
                                                                                                        listed under FOR FURTHER INFORMATION                   comments are available on the
                                                2017, to comply with those
                                                                                                        CONTACT.
                                                                                                                                                               Copyright Office website at https://
                                                requirements. On June 30, 2017 in an
                                                                                                           Electronic Access to This Document:                 www.copyright.gov/rulemaking/group-
                                                electronic announcement and in a
                                                                                                        The official version of this document is               serials/. If electronic submission of
                                                notice published in the Federal Register
                                                                                                        the document published in the Federal                  comments is not feasible due to lack of
                                                on July 5, 2017, the Department
                                                announced that it was allowing                          Register. You may access the official                  access to a computer and/or the
                                                additional time, until July 1, 2018, to                 edition of the Federal Register and the                internet, please contact the Office for
                                                comply with those requirements and                      Code of Federal Regulations via the                    special instructions using the contact
                                                invited comment (82 FR 30975). The                      Federal Digital System at: www.gpo.gov/                information below.
                                                Department received 45 comments on                      fdsys. At this site you can view this                  FOR FURTHER INFORMATION CONTACT:
                                                that action. Many commenters                            document, as well as all other                         Robert J. Kasunic, Associate Register of
                                                expressed general support for the GE                    documents of this Department                           Copyrights and Director of Registration
                                                regulations, while others expressed                     published in the Federal Register, in                  Policy and Practice, or Erik Bertin,
                                                general opposition to the GE                            text or Portable Document Format                       Deputy Director of Registration Policy
                                                regulations. One commenter                              (PDF). To use PDF you must have                        and Practice, by telephone at 202–707–
                                                recommended the development of a                        Adobe Acrobat Reader, which is                         8040, or by email at rkas@copyright.gov
                                                mass upload tool for GE disclosure                      available free at this site.                           and ebertin@copyright.gov; or Cindy
                                                templates. Another commenter                               You may also access documents of the                Paige Abramson, Assistant General
                                                requested the Department review the                     Department published in the Federal                    Counsel, by telephone at 202–707–0676,
                                                information that had to be disclosed for                Register by using the article search                   or by email at ciab@copyright.gov.
                                                GE programs, as they contended the                      feature at: www.federalregister.gov.
                                                disclosures were confusing to students.                 Specifically, through the advanced                     SUPPLEMENTARY INFORMATION:      On May
                                                Other commenters provided comments                      search feature of this site, you can limit             17, 2018, the U.S. Copyright Office
                                                on other aspects of the GE regulations,                 your search to documents published by                  issued a proposed rulemaking to update
                                                such as on the alternate earnings                       the Department.                                        its regulations governing the group
                                                appeals process, the student warning                      Dated: June 13, 2018.
                                                                                                                                                               registration option for newsletters,
                                                requirement, and the reporting                                                                                 which are defined in part as a class of
                                                                                                        Betsy DeVos,
                                                requirements.                                                                                                  serials that are published at least two
                                                                                                        Secretary of Education.                                days each week. The Office proposed
                                                   From December 4, 2017, through                       [FR Doc. 2018–13054 Filed 6–15–18; 8:45 am]
                                                March 15, 2018, the Department                                                                                 several changes, such as requiring
                                                conducted three negotiated rulemaking
                                                                                                        BILLING CODE 4000–01–P                                 applicants to submit their applications
                                                sessions related to the GE regulations.                                                                        and deposit copies through the Office’s
                                                The committee did not reach consensus.                                                                         electronic registration system instead of
                                                The Department intends to develop                       LIBRARY OF CONGRESS                                    submitting paper applications and
                                                proposed regulations that would replace                                                                        physical deposit copies, amending the
                                                the GE regulations. As part of this                     Copyright Office                                       definition of ‘‘newsletter,’’ updating the
                                                rulemaking process, the Department                                                                             eligibility requirements for this group
                                                continues to evaluate the efficacy of                   37 CFR Part 201, 202                                   registration option, and removing the
                                                these disclosures to students, including                                                                       requirement that newsletter publishers
                                                                                                        [Docket No. 2018–3]
                                                the manner in which the GE regulations                                                                         provide the Library of Congress with
                                                would require institutions make these                   Group Registration of Newsletters                      complimentary subscriptions or
                                                disclosures, and the burden associated                                                                         microfilm of the newsletter and the
                                                with the implementation of these                        AGENCY:  U.S. Copyright Office, Library                effect of this change on newsletter
                                                requirements. As the Department                         of Congress                                            publishers in satisfying their obligations
                                                continues to review the utility of these                ACTION: Extension of comment period.                   under the mandatory deposit
                                                requirements in connection with the                                                                            requirement.1 The Office invited public
                                                proposed rulemaking, we are allowing                    SUMMARY:  The U.S. Copyright Office is                 comment on the notice of proposed
                                                institutions additional time—until July                 extending the deadline for the                         rulemaking, to be provided by no later
                                                1, 2019—to comply with the provisions                   submission of written comments in                      than June 18, 2018. However, to ensure
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                                                in 34 CFR 668.412(d) and (e). The                       response to its May 17, 2018 notice of                 that members of the public have
                                                requirements in 34 CFR 668.412(a), (b),                 proposed rulemaking regarding                          sufficient time to respond, and to ensure
                                                and (c) that schools post disclosures on                amendments to its regulation governing                 that the Office has the benefit of a
                                                their program websites using the                        the group registration option for                      complete record, the Office is extending
                                                approved disclosure template provided                   newsletters.                                           the submission deadline by an
                                                by the Department and that those                        DATES: The comment period is extended                  additional thirty days. Written
                                                disclosures be updated annually remain                  by an additional thirty days. Comments
                                                in effect.                                              must be made in writing and must be                      1 83   FR 22902 (May 17, 2018).



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Document Created: 2018-06-18 15:49:58
Document Modified: 2018-06-18 15:49:58
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, 2019-- for institutions to comply with 34 CFR 668.412(d) and (e). We must receive your comments on or before July 18, 2018.
ContactScott Filter, U.S. Department of Education, 400 Maryland Ave. SW, Room 290-42, Washington, DC 20202. Telephone: (202) 453-7249. Email at: [email protected]
FR Citation83 FR 28177 

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