83_FR_9250 83 FR 9207 - Innovation for Teacher Quality; Troops-to-Teachers Program

83 FR 9207 - Innovation for Teacher Quality; Troops-to-Teachers Program

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 43 (March 5, 2018)

Page Range9207-9208
FR Document2018-04437

The Department of Education (Department) is rescinding its Troops-to-Teachers (TTT) regulations because that program has been transferred to the Department of Defense (DoD) and is no longer administered or managed by the Department. Therefore, the associated regulations are outdated and unnecessary.

Federal Register, Volume 83 Issue 43 (Monday, March 5, 2018) 
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Rules and Regulations]
[Pages 9207-9208]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04437]


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DEPARTMENT OF EDUCATION

34 CFR Part 230

RIN 1855-AA15


Innovation for Teacher Quality; Troops-to-Teachers Program

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Final regulations.

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SUMMARY: The Department of Education (Department) is rescinding its 
Troops-to-Teachers (TTT) regulations because that program has been 
transferred to the Department of Defense (DoD) and is no longer 
administered or managed by the Department. Therefore, the associated 
regulations are outdated and unnecessary.

DATES: This action is effective March 5, 2018.

FOR FURTHER INFORMATION CONTACT: Margarita L. Mel[eacute]ndez, U.S. 
Department of Education, 400 Maryland Avenue SW, Room 4W115, 
Washington, DC 20202. Telephone: (202) 260-3548 or by email: 
Margarita.Melendez@ed.gov.
    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: The TTT program was established in 1994 to 
assist transitioning service members in beginning new careers as school 
teachers. The program provides counseling and referral services for 
participants to help them meet education and licensing requirements to 
teach and subsequently helps them secure a teaching position.
    On February 24, 2017, President Trump signed Executive Order 13777, 
``Enforcing the Regulatory Reform Agenda,'' which established a Federal 
policy ``to alleviate unnecessary regulatory burdens'' on the American 
people. Section 3(a) of the Executive order directed each Federal 
agency to establish a Regulatory Reform Task Force, the duty of which 
is to evaluate existing regulations and ``make recommendations to the 
agency head regarding their repeal, replacement, or modification.'' 
Section 3(d)(ii) of the Executive order specifically instructs the Task 
Force to identify regulations that are ``are outdated, unnecessary, or 
ineffective.'' The Department is undertaking this regulatory action 
consistent with that objective.
    The TTT program was jointly administered by the Department of 
Education and the Department of Defense Activity for Non-Traditional 
Education Support (DANTES) until fiscal year 2013, when full 
responsibility and authority for the TTT program was transferred from 
the Secretary of Education to the Secretary of Defense by the National 
Defense Authorization Act of 2013 (Pub. L. 112-239). For this reason, 
the Troops-to-Teachers program regulations in 34 CFR part 230 are 
obsolete and we are proposing to rescind those regulations.

Waiver of Proposed Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (5 U.S.C. 553) (APA) the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, this regulatory action merely 
rescinds regulations that have become obsolete due to statutory 
changes, and does not involve any exercise of discretion on the part of 
the Department. This regulatory action adopts no new regulations and 
does not establish or affect substantive policy. Therefore, under 5 
U.S.C. 553(b)(B), the Secretary has determined that obtaining public 
comment on the removal of the regulations in 34 CFR part 230 is 
unnecessary.
    The APA also generally requires that regulations be published at 
least 30 days before their effective date, unless the agency has good 
cause to implement its regulations sooner (5 U.S.C. 553(d)(3)). Again, 
because this final regulatory action merely removes outdated 
regulations that are unnecessary because administration of the affected 
program has been transferred to another agency, the Secretary is also 
waiving the 30-day delay in the effective date of these regulatory 
changes under 5 U.S.C. 553(d)(3).

Executive Orders 12866, 13563, and 13771

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);

[[Page 9208]]

    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f) of Executive Order 12866.
    We have also reviewed these regulations under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and taking into 
account--among other things and to the extent practicable--the costs of 
cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this final regulatory action only on a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
maximize net benefits. Based on the analysis that follows, the 
Department believes that these final regulations are consistent with 
the principles in Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. Because the rescission of these 
regulations comports with statutory changes that have already taken 
effect, this action will not result in any additional costs or 
benefits.
    Under Executive Order 13771, for each new regulation that the 
Department proposes for notice and comment or otherwise promulgates 
that is a significant regulatory action under Executive Order 12866 and 
that imposes total costs greater than zero, it must identify two 
deregulatory actions. For FY 2018, any new incremental costs associated 
with a new regulation must be fully offset by the elimination of 
existing costs through deregulatory actions. Because this final rule is 
not a significant regulatory action, the requirement to offset new 
regulations in Executive Order 13771 does not apply.

Regulatory Flexibility Act Certification

    The Secretary certifies that these regulations will not have a 
significant economic impact on a substantial number of small entities. 
As detailed above, this regulatory action merely removes outdated 
regulations from the Code of Federal Regulations and imposes no costs.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection 
requirements.

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    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 the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

List of Subjects in 34 CFR Part 230

    Armed forces, Education, Elementary and secondary education, 
Teachers, Vocational education.

    Dated: February 28, 2018.
Margo Anderson,
Acting Assistant Deputy Secretary for Innovation and Improvement.

PART 230--[REMOVED]

0
For the reasons discussed in the preamble, and under the authority of 
section 414 of the Department of Education Organization Act, 20 U.S.C. 
3474, the Secretary removes 34 CFR part 230.

[FR Doc. 2018-04437 Filed 3-2-18; 8:45 am]
 BILLING CODE 4000-01-P

Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations 9207 § 165.T11–916 Safety Zone; St. Francis DEPARTMENT OF EDUCATION Education Support (DANTES) until Yacht Club Fireworks Display, San fiscal year 2013, when full Francisco Bay, San Francisco, CA. 34 CFR Part 230 responsibility and authority for the TTT (a) Location. The following area is a RIN 1855–AA15 program was transferred from the safety zone: All navigable waters of the Secretary of Education to the Secretary San Francisco Bay within 100 feet of the Innovation for Teacher Quality; of Defense by the National Defense fireworks barge during loading at Pier Troops-to-Teachers Program Authorization Act of 2013 (Pub. L. 112– 50, as well as transit to and arrival at St. 239). For this reason, the Troops-to- AGENCY: Office of Innovation and Teachers program regulations in 34 CFR Francis Yacht Club. The safety zone will Improvement, Department of Education. part 230 are obsolete and we are expand to all navigable waters around ACTION: Final regulations. proposing to rescind those regulations. and under the fireworks barge within a radius of 560 feet in approximate SUMMARY: The Department of Education Waiver of Proposed Rulemaking and position 37°48′37″ N, 122°26′49″ W (Department) is rescinding its Troops-to- Delayed Effective Date (NAD 83) 30 minutes prior to the start Teachers (TTT) regulations because that Under the Administrative Procedure of the 18 minute fireworks display, program has been transferred to the Act (5 U.S.C. 553) (APA) the scheduled to begin at 9:40 p.m. on Department of Defense (DoD) and is no Department generally offers interested March 5. longer administered or managed by the parties the opportunity to comment on Department. Therefore, the associated proposed regulations. However, this (b) Enforcement period. The zone regulations are outdated and regulatory action merely rescinds described in paragraph (a) of this unnecessary. regulations that have become obsolete section will be enforced from 8 a.m. until approximately 10:30 p.m. March 5, DATES: This action is effective March 5, due to statutory changes, and does not 2018. The Captain of the Port San 2018. involve any exercise of discretion on the Francisco (COTP) will notify the FOR FURTHER INFORMATION CONTACT: part of the Department. This regulatory maritime community of periods during Margarita L. Meléndez, U.S. Department action adopts no new regulations and which these zones will be enforced via of Education, 400 Maryland Avenue does not establish or affect substantive Broadcast Notice to Mariners. SW, Room 4W115, Washington, DC policy. Therefore, under 5 U.S.C. 20202. Telephone: (202) 260–3548 or by 553(b)(B), the Secretary has determined (c) Definitions. As used in this that obtaining public comment on the email: Margarita.Melendez@ed.gov. section, ‘‘designated representative’’ If you use a telecommunications removal of the regulations in 34 CFR means a Coast Guard Patrol device for the deaf (TDD) or a text part 230 is unnecessary. Commander, including a Coast Guard telephone (TTY), call the Federal Relay The APA also generally requires that coxswain, petty officer, or other officer Service (FRS), toll free, at 1–800–877– regulations be published at least 30 days on a Coast Guard vessel or a Federal, 8339. before their effective date, unless the State, or local officer designated by or agency has good cause to implement its SUPPLEMENTARY INFORMATION: The TTT assisting the COTP in the enforcement regulations sooner (5 U.S.C. 553(d)(3)). program was established in 1994 to of the safety zone. Again, because this final regulatory assist transitioning service members in (d) Regulations. (1) Under the general action merely removes outdated beginning new careers as school regulations in 33 CFR part 165, subpart regulations that are unnecessary because teachers. The program provides C, entry into, transiting or anchoring administration of the affected program counseling and referral services for within this safety zone is prohibited has been transferred to another agency, participants to help them meet unless authorized by the COTP or the the Secretary is also waiving the 30-day education and licensing requirements to COTP’s designated representative. delay in the effective date of these teach and subsequently helps them regulatory changes under 5 U.S.C. (2) The safety zone is closed to all secure a teaching position. On February 24, 2017, President 553(d)(3). vessel traffic, except as may be permitted by the COTP or a designated Trump signed Executive Order 13777, Executive Orders 12866, 13563, and representative. ‘‘Enforcing the Regulatory Reform 13771 Agenda,’’ which established a Federal (3) Vessel operators desiring to enter policy ‘‘to alleviate unnecessary Regulatory Impact Analysis or operate within the safety zone must regulatory burdens’’ on the American Under Executive Order 12866, the contact the COTP or a designated people. Section 3(a) of the Executive Secretary must determine whether this representative to obtain permission to order directed each Federal agency to regulatory action is ‘‘significant’’ and, do so. Vessel operators given permission establish a Regulatory Reform Task therefore, subject to the requirements of to enter or operate in the safety zone Force, the duty of which is to evaluate the Executive order and subject to must comply with all directions given to existing regulations and ‘‘make review by the Office of Management and them by the COTP or a designated recommendations to the agency head Budget (OMB). Section 3(f) of Executive representative. Persons and vessels may regarding their repeal, replacement, or Order 12866 defines a ‘‘significant request permission to enter the safety modification.’’ Section 3(d)(ii) of the regulatory action’’ as an action likely to zones on VHF–23A or through the 24- Executive order specifically instructs result in a rule that may— hour Command Center at telephone the Task Force to identify regulations (1) Have an annual effect on the (415) 399–3547. that are ‘‘are outdated, unnecessary, or economy of $100 million or more, or sradovich on DSK3GMQ082PROD with RULES Dated: February 23, 2018. ineffective.’’ The Department is adversely affect a sector of the economy, undertaking this regulatory action productivity, competition, jobs, the Patrick S. Nelson, environment, public health or safety, or consistent with that objective. Captain, U.S. Coast Guard, Alternate Captain The TTT program was jointly State, local, or Tribal governments or of the Port, San Francisco. administered by the Department of communities in a material way (also [FR Doc. 2018–04363 Filed 3–2–18; 8:45 am] Education and the Department of referred to as an ‘‘economically BILLING CODE 9110–04–P Defense Activity for Non-Traditional significant’’ rule); VerDate Sep<11>2014 15:56 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1

9208 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Rules and Regulations (2) Create serious inconsistency or approaches, we selected those fdsys. At this site you can view this otherwise interfere with an action taken approaches that maximize net benefits. document, as well as all other or planned by another agency; Based on the analysis that follows, the documents of this Department (3) Materially alter the budgetary Department believes that these final published in the Federal Register, in impacts of entitlement grants, user fees, regulations are consistent with the text or Portable Document Format or loan programs or the rights and principles in Executive Order 13563. (PDF). To use PDF you must have obligations of recipients thereof; or We also have determined that this Adobe Acrobat Reader, which is (4) Raise novel legal or policy issues regulatory action does not unduly available free at the site. arising out of legal mandates, the interfere with State, local, and Tribal You may also access documents of the President’s priorities, or the principles governments in the exercise of their Department published in the Federal stated in the Executive order. governmental functions. Register by using the article search This final regulatory action is not a In accordance with both Executive feature at: www.federalregister.gov. significant regulatory action subject to orders, the Department has assessed the Specifically, through the advanced review by OMB under section 3(f) of potential costs and benefits, both search feature at this site, you can limit Executive Order 12866. quantitative and qualitative, of this your search to documents published by We have also reviewed these regulatory action. Because the rescission the Department. regulations under Executive Order of these regulations comports with 13563, which supplements and List of Subjects in 34 CFR Part 230 statutory changes that have already explicitly reaffirms the principles, taken effect, this action will not result Armed forces, Education, Elementary structures, and definitions governing in any additional costs or benefits. and secondary education, Teachers, regulatory review established in Under Executive Order 13771, for Vocational education. Executive Order 12866. To the extent each new regulation that the Dated: February 28, 2018. permitted by law, Executive Order Department proposes for notice and Margo Anderson, 13563 requires that an agency— comment or otherwise promulgates that Acting Assistant Deputy Secretary for (1) Propose or adopt regulations only is a significant regulatory action under Innovation and Improvement. on a reasoned determination that their Executive Order 12866 and that imposes benefits justify their costs (recognizing total costs greater than zero, it must PART 230—[REMOVED] that some benefits and costs are difficult identify two deregulatory actions. For to quantify); FY 2018, any new incremental costs ■ For the reasons discussed in the (2) Tailor its regulations to impose the associated with a new regulation must preamble, and under the authority of least burden on society, consistent with be fully offset by the elimination of section 414 of the Department of obtaining regulatory objectives and existing costs through deregulatory Education Organization Act, 20 U.S.C. taking into account—among other things actions. Because this final rule is not a 3474, the Secretary removes 34 CFR part and to the extent practicable—the costs significant regulatory action, the 230. of cumulative regulations; requirement to offset new regulations in [FR Doc. 2018–04437 Filed 3–2–18; 8:45 am] (3) In choosing among alternative Executive Order 13771 does not apply. BILLING CODE 4000–01–P regulatory approaches, select those approaches that maximize net benefits Regulatory Flexibility Act Certification (including potential economic, The Secretary certifies that these DEPARTMENT OF VETERANS environmental, public health and safety, regulations will not have a significant AFFAIRS and other advantages; distributive economic impact on a substantial impacts; and equity); number of small entities. As detailed 38 CFR Part 17 (4) To the extent feasible, specify above, this regulatory action merely performance objectives, rather than the RIN 2900–AQ01 removes outdated regulations from the behavior or manner of compliance a Code of Federal Regulations and Reimbursement of Qualifying Adoption regulated entity must adopt; and imposes no costs. (5) Identify and assess available Expenses for Certain Veterans alternatives to direct regulation, Paperwork Reduction Act of 1995 AGENCY: Department of Veterans Affairs. including economic incentives—such as These regulations do not contain any ACTION: Interim final rule. user fees or marketable permits—to information collection requirements. encourage the desired behavior, or SUMMARY: The Department of Veterans provide information that enables the Intergovernmental Review Affairs (VA) amends its regulation to public to make choices. This program is subject to Executive provide for reimbursement of qualifying Executive Order 13563 also requires Order 12372 and the regulations in 34 adoption expenses incurred by a veteran an agency ‘‘to use the best available CFR part 79. One of the objectives of the with a service-connected disability that techniques to quantify anticipated Executive order is to foster an results in the inability of the veteran to present and future benefits and costs as intergovernmental partnership and a procreate without the use of fertility accurately as possible.’’ The Office of strengthened federalism. The Executive treatment. Under the Continuing Information and Regulatory Affairs of order relies on processes developed by Appropriations and Military OMB has emphasized that these State and local governments for Construction, Veterans Affairs, and techniques may include ‘‘identifying coordination and review of proposed Related Agencies Appropriations Act, changing future compliance costs that Federal financial assistance. 2017, and Zika Response and sradovich on DSK3GMQ082PROD with RULES might result from technological Electronic Access to This Document: Preparedness Act, VA may use funds innovation or anticipated behavioral The official version of this document is appropriated or otherwise made changes.’’ the document published in the Federal available to VA for the ‘‘Medical We are issuing this final regulatory Register. You may access the official Services’’ account to provide adoption action only on a reasoned determination edition of the Federal Register and the reimbursement to these veterans. Under that its benefits justify its costs. In Code of Federal Regulations via the the law, reimbursement may be for the choosing among alternative regulatory Federal Digital System at: www.gpo.gov/ adoption-related expenses for an VerDate Sep<11>2014 15:56 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1


Document Created: 2018-03-03 02:45:52
Document Modified: 2018-03-03 02:45:52
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
ActionFinal regulations.
DatesThis action is effective March 5, 2018.
ContactMargarita L. Mel[eacute]ndez, U.S. Department of Education, 400 Maryland Avenue SW, Room 4W115, Washington, DC 20202. Telephone: (202) 260-3548 or by email: [email protected]
FR Citation83 FR 9207 
RIN Number1855-AA15
CFR AssociatedArmed Forces; Education; Elementary and Secondary Education; Teachers and Vocational Education
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