2021-14868. Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY:

Office of the Secretary, Department of Education.

ACTION:

Semiannual regulatory agenda.

SUMMARY:

The Secretary of Education publishes a semiannual agenda of Federal regulatory and deregulatory actions. The agenda is issued under the authority of section 4(b) of Executive Order 12866, “Regulatory Planning and Review.” The purpose of the agenda is to encourage more effective public participation in the regulatory process by providing the public with early information about the regulatory actions we plan to take.

FOR FURTHER INFORMATION CONTACT:

Questions or comments related to specific regulations listed in this agenda should be directed to the agency contact listed for the regulations. Other questions or comments on this agenda should be directed to Jackie Collins, Program Specialist, Danielle Bromfield, Program Specialist, Levon Schlichter, Attorney, or Hilary Malawer, Deputy General Counsel, Division of Regulatory Services, Department of Education, Room 6C128, 400 Maryland Avenue SW, Washington, DC 20202-2241; telephone: Jackie Collins [phone], Danielle Bromfield [phone], Levon Schlichter [phone], or Hilary Malawer [phone]. Individuals who use a telecommunications device for the deaf or a text telephone may call the Federal Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

Section 4(b) of Executive Order 12866, dated September 30, 1993, requires the Department of Education (ED) to publish, at a time and in a manner specified by the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, an agenda of all regulations under development or review. The Regulatory Flexibility Act, 5 U.S.C. 602(a), requires ED to publish, in the Spring and Fall of each year, a regulatory flexibility agenda.

The regulatory flexibility agenda may be combined with any other agenda that satisfies the statutory requirements (5 U.S.C. 605(a)). In compliance with the Executive order and the Regulatory Flexibility Act, the Secretary publishes this agenda.

For each set of regulations listed, the agenda provides the title of the document, the type of document, a citation to any rulemaking or other action taken since publication of the most recent agenda, and planned dates of future rulemaking. In addition, the agenda provides the following information:

☐ An abstract that includes a description of the problem to be addressed, any principal alternatives being considered, and potential costs and benefits of the action.

☐ An indication of whether the planned action is likely to have significant economic impact on a substantial number of small entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601(6)).

☐ A reference to where a reader can find the current regulations in the Code of Federal Regulations.

☐ A citation of legal authority.

☐ The name, address, and telephone number of the contact person at ED from whom a reader can obtain additional information regarding the planned action.

In accordance with ED's Principles for Regulating listed in its regulatory plan (78 FR 1361, published January 8, 2013), ED is committed to regulations that improve the quality and equality of services it provides to its customers. ED will regulate only if absolutely necessary and then in the most flexible, most equitable, and least burdensome way possible.

Interested members of the public are invited to comment on any of the items listed in this agenda that they believe are not consistent with the Principles for Regulating. Members of the public are also invited to comment on any uncompleted actions in this agenda that ED plans to review under section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to determine their economic impact on small entities.

This publication does not impose any binding obligation on ED with regard to any specific item in the agenda. ED may elect not to pursue any of the regulatory actions listed here. Dates of future regulatory actions are subject to revision in subsequent agendas.

Electronic Access to This Document: The entire Unified Agenda is published electronically and is available online at www.reginfo.gov.

Phil Rosenfelt,

Deputy General Counsel, Program Service.

Office of Postsecondary Education—Completed Actions

Sequence No.	Title	Regulation Identifier No.
78	Student Eligibility for Emergency Relief Funds	1840-AD62
79	HBCU Funding Formula	1840-AD63

DEPARTMENT OF EDUCATION (ED)

Office of Postsecondary Education (OPE)

Completed Actions

78. • Student Eligibility for Emergency Relief Funds

Legal Authority: 20 U.S.C. 1221e-3; 20 U.S.C. 3474

Abstract: The Secretary plans to publish final regulations to amend the regulations in 34 CFR part 668 so that an institution of higher education may appropriately determine which individuals attending its institution are eligible to receive emergency financial aid grants to students under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Timetable:

Action	Date	FR Cite
Final Action	05/14/21	86 FR 26608
Final Action Effective	05/14/21

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Karen Epps, Department of Education, Phone: [phone].

RIN: 1840-AD62

79. • HBCU Funding Formula

Legal Authority: 20 U.S.C. 1060-1063a; 20 U.S.C. 1063c; 20 U.S.C. 1068-1068h; 20 U.S.C. 1067q

Abstract: The Department of Education issued this final rule so that it may determine final allocations to Historically Black Colleges and Universities awarded under section 314(a)(2) of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of 116 Pub. L. 260), or CRRSAA.

Timetable:

Action	Date	FR Cite
Final Action	04/22/21	86 FR 21190
Final Action Effective	04/22/21

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Beatriz Ceja, Department of Education, Phone: [phone].

RIN: 1840-AD63