42438 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 

DEPARTMENT OF EDUCATION 

34 CFR Parts 200, 237, and 299 

RIN 1810–AB36, 1810–AB37, 1810–AB38, 

1810–AB39, 1810–AB40, 1810–AB41, 1810– 

AB42, 1810–AB43, 1810–AB44, and 1810– 

AB48 

Outdated or Superseded Regulations: 

Title I, Parts A through C; Christa 

McAuliffe Fellowship Program; and 

Empowerment Zone or Enterprise 

Community—Priority 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final regulations. 

SUMMARY: The Secretary amends the 

Code of Federal Regulations (CFR) to 

remove outdated or superseded 

regulations. As a result of new 

legislation, absence of funding, and 

review in accordance with the 

President’s regulatory reform initiative, 

the Secretary has determined that the 

regulations described below are no 

longer needed for the reasons discussed. 

DATES: Effective August 22, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Anna Lieth, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3W337, Washington, DC 20202. 

Telephone: (202) 453–5682 or by email: 

Anna.Lieth@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: Consistent 

with Executive Order 13777, ‘‘Enforcing 

the Regulatory Reform Agenda,’’ the 

Department is evaluating all existing 

regulations and making 

recommendations to the Secretary 

regarding their repeal, replacement, or 

modification, consistent with applicable 

law. As part of that effort, we have 

determined it is appropriate to take 

three deregulatory actions in this 

document to remove regulations that are 

outdated or unnecessary in parts 200, 

237, and 299. 

The regulations being removed have 

been superseded by new legislation or 

were issued to implement a program 

that is no longer funded. Therefore, 

these deregulatory actions will have no 

effect on the current operation of the 

Department’s grant programs. To the 

extent that amendments to existing 

regulations or new regulations are 

needed to implement new legislation, 

they will be issued separately from this 

document. Any determination to issue 

new regulations will be carefully 

considered to ensure that it is consistent 

with the President’s regulatory reform 

efforts and the principles in Executive 

Orders 12866 and 13771. 

The Department is continuing to 

review its other existing regulations 

thoroughly. To the extent the Secretary 

can identify further opportunities for 

regulatory reform, the Secretary will 

take appropriate action to revise or 

eliminate existing regulations, reduce 

burden, and increase flexibility. 

In these final regulations, we take the 

following three deregulatory actions: 

(1) Part 200 (RINs 1810–AB36, 1810– 

AB39, 1810–AB40, 1810–AB41, 1810– 

AB42, 1810–AB43, 1810–AB44, and 

1810–AB48) 

In 2015, the Every Student Succeeds 

Act (ESSA) reauthorized the Elementary 

and Secondary Education Act of 1965 

(ESEA). Accordingly, some changes to 

the ESEA have rendered whole portions 

of the regulations in part 200 

inconsistent with the statute. The 

superseded regulations in part 200 that 

the Department rescinds are: 34 CFR 

200.7 (Disaggregation of Data); 200.12 

(State Accountability System); 200.13– 

200.22 (Adequate Yearly Progress); 

200.27–200.28 (Schoolwide Programs); 

200.30–200.53 (LEA and School 

Improvement); 200.55–200.57 and 

200.59–200.60 (Highly Qualified 

Teachers and Duties of 

Paraprofessionals); 200.81(d), 200.81(f), 

200.81(g), and 200.81(h) (Migrant 

Education Program (MEP)); and 

200.89(a) (Allocation of funds under the 

MEP for FY 2006 and subsequent years). 

In addition, the ESSA removed the 

authority for the Migrant Education 

Even Start Program. Accordingly, the 

Department rescinds 34 CFR 200.80 

because it is no longer needed. 

(2) Part 237 (RIN 1810–AB37) 

The Department rescinds the 

regulations governing the Christa 

McAuliffe Fellowship Program. We take 

this action because this program is no 

longer authorized under the Higher 

Education Act. The program was last 

funded in 1995. 

(3) Part 299 (1810–AB38) 

The Department rescinds the 

regulations establishing the priority for 

activities in an Empowerment Zone or 

Enterprise Community. We take this 

action because the last Congressional 

extension of tax benefits to 

Empowerment Zones ended in 2017 

and, thus, the program is no longer 

viable. 

Waiver of Proposed Rulemaking 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department generally offers interested 

parties the opportunity to comment on 

proposed regulations. However, the 

APA provides that an agency is not 

required to conduct notice-andcomment rulemaking 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 

rulemaking in this case because these 

final regulations merely remove existing 

regulations that are outdated, 

unnecessary, or superseded by recent 

statutory changes. 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 proposed 

regulations are unnecessary and, thus, 

waives notice-and-comment 

rulemaking. 

The APA also 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 the final regulations 

merely reflect statutory changes and 

remove outdated or unnecessary 

regulatory provisions, the Secretary also 

has good cause to waive 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); 

(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, 


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Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 42439 

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 regulatory action is not a 

significant regulatory action subject to 

review by OMB under section 3(f) of 

Executive Order 12866. 

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. 

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 

upon a reasoned determination that 

their benefits justify their costs 

(recognizing that some benefits and 

costs are difficult to quantify); 

(2) Tailor their 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 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including providing 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 regulatory action 

only upon a reasoned determination 

that it provides benefits and will not 

have any costs. In choosing among 

alternative regulatory approaches, we 

selected the approach that maximizes 

net benefits. Based on the analysis that 

follows, the Department believes that 

these regulations are consistent with the 

principles in Executive Order 13563. 

We also have determined that this 

regulatory action would not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

Need for the Regulatory Action 

This regulatory action is necessary to 

remove superseded, outdated, or 

unnecessary regulations from the Code 

of Federal Regulations (CFR). 

Analysis of Costs and Benefits 

This regulatory action is a benefit to 

the public, grant recipients, and the 

Department as the action will remove 

any confusion that might be caused by 

maintaining superseded, outdated, or 

unnecessary regulations in the CFR. 

The Department has also analyzed the 

costs of this regulatory action and has 

determined that it will impose no 

additional costs ($0). As detailed earlier, 

this regulatory action reflects statutory 

changes and removes superseded, 

outdated, or unnecessary regulatory 

provisions. 

Regulatory Flexibility Act Analysis 

Pursuant to 5 U.S.C. 601(2), the 

Regulatory Flexibility Act applies only 

to rules for which an agency publishes 

a general notice of proposed 

rulemaking. The Regulatory Flexibility 

Act does not apply to this rulemaking 

because there is good cause to waive 

notice and comment under 5 U.S.C. 553. 

Paperwork Reduction Act of 1995 

This rule does not contain any 

information collection requirements. 

The previously OMB-approved 

information collections that were 

associated with part 237 are no longer 

active information collections (OMB 

Control Numbers 1810–0532 and 1810– 

0537). The OMB-approved information 

collection associated with the sections 

of part 200 (Consolidated State Plans 

OMB 1810–0576) that this rule removes 

has been modified as necessary to align 

with the requirements of the ESSA. 

Intergovernmental Review 

Some of these programs are 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. 

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 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.gpo.gov/ 

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 Adobe 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 

34 CFR Part 200 

Education of disadvantaged, 

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 237 

Elementary and secondary education, 

Grant programs—education, 

Scholarships and fellowships, Teachers. 

34 CFR Part 299 

Administrative practice and 

procedure, Elementary and secondary 

education, Grant programs—education, 

Private schools, Reporting and 

recordkeeping requirements. 


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42440 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 

Dated: August 9, 2018. 

Frank Brogan, 

Assistant Secretary for Elementary and 

Secondary Education. 

For reasons discussed in the 

preamble, and under the authority at 20 

U.S.C. 3474, 20 U.S.C. 1221e–3, Public 

Law 109–270, and Public Law 114–95, 

the Secretary amends Chapter II of title 

34 of the Code of Federal Regulations as 

follows: 

PART 200—TITLE I—IMPROVING THE 

ACADEMIC ACHIEVEMENT OF THE 

DISADVANTAGED 

■ 1. The authority citation for part 200 

is revised to read as follows: 

Authority: 20 U.S.C. 6301 through 6576, 

unless otherwise noted. 

§ 200.7 [Removed and Reserved] 

■ 2. Remove and reserve § 200.7. 

§ 200.12 [Removed and Reserved] 

■ 3. Remove the center heading ‘‘State 

Accountability System’’ and remove and 

reserve § 200.12. 

§§ 200.13 through 200.22 [Removed and 

Reserved] 

■ 4. Remove the center heading 

‘‘Adequate Yearly Progress (AYP)’’ and 

remove and reserve §§ 200.13 through 

200.22. 

§§ 200.27 and 200.28 [Removed and 

Reserved] 

■ 5. Remove and reserve §§ 200.27 and 

200.28. 

§§ 200.30 through 200.53 [Removed and 

Reserved] 

■ 6. Remove the center heading ‘‘LEA 

and School Improvement’’ and remove 

and reserve §§ 200.30 through 200.53. 

■ 7. Revise the center heading 

‘‘Qualifications of Teachers and 

Paraprofessionals’’ to read 

‘‘Qualifications of Paraprofessionals’’. 

§§ 200.55 through 200.57 [Removed and 

Reserved] 

■ 8. Remove and reserve § 200.57. 

§§ 200.59 and 200.60 [Removed and 

Reserved] 

■ 9. Remove and reserve §§ 200.59 and 

200.60. 

§ 200.80 [Removed and Reserved] 

■ 10. Remove and reserve § 200.80. 

§ 200.81 [Amended] 

■ 11. In § 200.81, remove and reserve 

paragraphs (d), (f), (g), and (h). 

§ 200.89 [Amended] 

■ 12. In § 200.89, amend the section 

heading by removing the words ‘‘MEP 

allocations;’’ and by removing and 

reserving paragraph (a). 

PART 237—[REMOVED AND 

RESERVED] 

■ 13. Remove and reserve part 237. 

PART 299—GENERAL PROVISIONS 

■ 14. The authority citation for part 299 

continues to read as follows: 

Authority: 20 U.S.C. 1221e–3(a)(1), 

6511(a), and 7373(b), unless otherwise noted. 

Subpart B—[Removed and Reserved] 

■ 15. Remove and reserve subpart B, 

consisting of § 299.3. 

[FR Doc. 2018–17480 Filed 8–21–18; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R06–RCRA–2017–0556; FRL–9980– 

07—Region 6] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting a petition 

submitted by Blanchard Refining 

Company LLC—(Blanchard) to exclude 

(or delist) the residual solids generated 

from the reclamation of oil bearing 

hazardous secondary materials (OBSMs) 

on-site at Blanchard’s Galveston Bay 

Refinery (GBR), located in Texas City, 

Texas from the lists of hazardous 

wastes. EPA used the Delisting Risk 

Assessment Software (DRAS) Version 

3.0.35 in the evaluation of the impact of 

the petitioned waste on human health 

and the environment. The residual 

solids are listed as F037 (primary oil/ 

water/solids separation sludge) when 

they are reclaimed from the OBSMs. 

After careful analysis and evaluation of 

comments submitted by the public, the 

EPA has concluded that the petitioned 

wastes are not hazardous waste when 

disposed of in Subtitle D landfills. This 

exclusion applies to the residuals solids 

generated at Blanchard’s Galveston Bay 

Refinery (GBR), located in Texas City, 

Texas facility. Accordingly, this final 

rule excludes the petitioned waste from 

the requirements of hazardous waste 

regulations under the Resource 

Conservation and Recovery Act (RCRA) 

when disposed of in Subtitle D landfills 

but imposes testing conditions to ensure 

that the future-generated wastes remain 

qualified for delisting. 

DATES: Effective August 22, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–RCRA–2017–0556. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

technical information regarding the 

Blanchard Refinery petition, contact 

Michelle Peace at 214–665–7430 or by 

email at peace.michelle@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in this section is organized 

as follows: 

I. Overview Information 

A. What action is EPA finalizing? 

B. Why is EPA approving this delisting? 

C. What are the limits of this exclusion? 

D. How will Blanchard Refining manage 

the waste if it is delisted? 

E. When is the final delisting exclusion 

effective? 

F. How does this final rule affect states? 

II. Background 

A. What is a delisting? 

B. What regulations allow facilities to 

delist a waste? 

C. What information must the generator 

supply? 

III. EPA’s Evaluation of the Waste Data 

A. What waste and how much did 

Blanchard petition EPA to delist? 

B. How did Blanchard sample and analyze 

the waste data in this petition? 

IV. Public Comments Received on the 

proposed exclusion 

A. Who submitted comments on the 

proposed rule? 

B. Comments and Responses 

V. Statutory and Executive Order Reviews 

I. Overview Information 

A. What action is EPA finalizing? 

The EPA is finalizing: 

(1) the decision to grant GBR’s 

petition to have its surface 

impoundment basin solids excluded, or 

delisted, from the definition of a 

hazardous waste, subject to certain 

continued verification and monitoring 

conditions; and 


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