16884 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

DEPARTMENT OF EDUCATION 

Office of the Secretary 

34 CFR Subtitles A and B 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Office of the Secretary, 

Department of Education. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This document is required 

pursuant to the Regulatory Flexibility 

Act. It provides information about the 

Unified Agenda published on December 

9, 2020 at www.reginfo.gov/public/do/ 

eAgendaMain under the previous 

administration. 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 LaTanya Cannady, 

Program Specialist, Jackie Collins, 

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: LaTanya Cannady (202) 401– 

9676, Jackie Collins (202) 401–6310, 

Levon Schlichter (202) 453–6387, or 

Hilary Malawer (202) 401–6148. 

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 

October and April 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. 

Lynn Mahaffie, 

Assistant General Counsel, Division of 

Regulatory Services. 

OFFICE OF POSTSECONDARY EDUCATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

200 .................... Ensuring Student Access to High Quality and Innovative Postsecondary Educational Programs ................. 1840–AD38 

DEPARTMENT OF EDUCATION (ED) 

Office of Postsecondary Education 

(OPE) 

Completed Actions 

200. Ensuring Student Access to High 

Quality and Innovative Postsecondary 

Educational Programs 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 20 U.S.C. 3474; 20 

U.S.C. 1221e–3; 20 U.S.C. 1011 et seq. 

Abstract: The Department created and 

amended, through negotiated 

rulemaking, regulations relating to 

institutional eligibility and operations 

for participation in Federal student 

financial aid under title IV of the Higher 

Education Act of 1965, as amended 

HEA, including those relating to credit 

hour, competency-based education, 

direct assessment programs, and regular 

and substantive interaction between 

faculty and students in the delivery of 

distance education programs, in order to 

promote greater access for students to 

high-quality, innovative programs of 

postsecondary education. 

Timetable: 

Action Date FR Cite 

Notice of Intention 

to Commence 

Negotiated 

Rulemaking.

07/31/18 83 FR 36814 

NPRM .................. 04/02/20 85 FR 18638 

NPRM Comment 

Period End.

05/04/20 


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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16885 

Action Date FR Cite 

Final Rule ............ 09/02/20 85 FR 54742 

Final Rule Effective.07/01/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Greg Martin, 

Department of Education, Office of 

Postsecondary Education, 400 Maryland 

Avenue SW, Washington, DC 20202, 

Phone: 202 453–7535, Email: 

gregory.martin@ed.gov. 

RIN: 1840–AD38 

[FR Doc. 2021–04345 Filed 3–30–21; 8:45 am] 

BILLING CODE 4000–01–P 


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