[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79146-79147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22195]


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DEPARTMENT OF EDUCATION

34 CFR Parts 75, 76, and 79

[Docket ID ED-2023-OPEPD-0110]
RIN 1875-AA14


Education Department General Administrative Regulations and 
Related Regulatory Provisions; Correction

AGENCY: Office of Planning, Evaluation and Policy Development, 
Department of Education.

ACTION: Final regulations; correction.

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SUMMARY: On August 29, 2024, the Department of Education (Department) 
published in the Federal Register final regulations amending the 
Education Department General Administrative Regulations and related 
regulatory provisions. This document corrects technical errors in the 
amendatory instructions and regulatory text. This document does not 
contain any substantive changes to the regulations.

DATES: Effective September 30, 2024.

FOR FURTHER INFORMATION CONTACT: Kelly Terpak, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 4C212, Washington, DC 20202. 
Telephone: (202) 245-6776. Email: <a href="/cdn-cgi/l/email-protection#b8fdfcfff9eaf8dddc96dfd7ce"><span class="__cf_email__" data-cfemail="0346474442514366672d646c75">[email protected]</span></a>.
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: On August 29, 2024, the Department published 
in the Federal Register final regulations amending the Education 
Department General Administrative Regulations and related regulatory 
provisions (89 FR 70300). Those final regulations contain technical 
errors, which we are correcting. This document does not contain any 
substantive changes to the regulations.
    Specifically, we are correcting:
    <bullet> The wording of the regulatory text being replaced in Sec.  
75.50;
    <bullet> Section 75.210 by restoring a selection criterion factor 
from the current regulation which was inadvertently omitted from the 
revisions to that section;
    <bullet> One paragraph designation in Sec.  75.225;
    <bullet> Punctuation in the section heading for Sec.  75.591 to 
maintain the format of the current heading;
    <bullet> The wording of the regulatory text being replaced in the 
amendatory instruction for Sec.  76.100;
    <bullet> The section number in the amendatory instruction for Sec.  
76.564;
    <bullet> A reference to Catalog of Federal Domestic Assistance, or 
``CFDA number,'' in Sec.  76.711, and making a related conforming edit 
to replace that term with Assistance Listing Number, or ``ALN'';
    <bullet> The instruction for Sec.  76.783, to remove only one 
instance of the word ``or''; and
    <bullet> A typo in the instruction for Sec.  79.4.

Waiver of Proposed Rulemaking and Delayed Effective Date

    In accordance with 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-and-comment rulemaking when 
the agency, for good cause, finds that notice and public comment 
thereon are impracticable, unnecessary, or contrary

[[Page 79147]]

to the public interest (5 U.S.C. 553(b)(3)(B)). There is good cause to 
waive rulemaking here as unnecessary.
    Rulemaking is ``unnecessary'' in those situations in which ``the 
administrative rule is a routine determination, insignificant in nature 
and impact, and inconsequential to the industry and to the public.'' 
Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 755 (D.C. 
Cir. 2001), quoting U.S. Department of Justice, Attorney General's 
Manual on the Administrative Procedure Act 31 (1947) and South Carolina 
v. Block, 558 F. Supp. 1004, 1016 (D.S.C. 1983). The regulatory changes 
in this document are necessary to correct technical errors and do not 
establish any new substantive rules and do not make substantive changes 
to these regulations. Therefore, the Department has determined that 
publication of a proposed rule is unnecessary under 5 U.S.C. 
553(b)(3)(B).
    The APA 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)). As previously 
stated, because the regulatory changes correct errors, there is good 
cause to waive the delayed effective date in the APA and make the 
corrections effective September 30, 2024.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    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 at www.govinfo.gov. 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.

Corrections

    In FR Doc. 2024-17239, published in the Federal Register on August 
29, 2024 (89 FR 70300), we make the following technical corrections:

0
1. On page 70320, in the second column, correct instruction 4 for Sec.  
75.50 to read as follows:


Sec.  75.50  [Corrected]

0
4. Amend Sec.  75.50 by removing the words ``authorizing statute and 
implementing regulations'' and adding in their place the words 
``applicable statutes and regulations''.

0
2. On page 70324, in the first column, correct instruction 28 for Sec.  
75.210 by adding paragraph (c)(2)(xxx) to read as follows:


Sec.  75.210  [Corrected]

* * * * *
    (c) * * *
    (2) * * *
    (xxx) The extent to which the proposed project is supported by 
promising evidence.
* * * * *


Sec.  75.225  [Corrected]

0
3. On page 70327, in the second column, in instruction 36 for Sec.  
75.225, redesignate paragraph (e) as paragraph (d).


Sec.  75.591  [Corrected]

0
4. On page 70331, in the second column, in instruction 60 for Sec.  
75.591, correct the section heading from ``Federal evaluation; 
cooperation by a grantee'' to ``Federal evaluation--cooperation by a 
grantee''.

0
5. On page 70335, at the end of the first column and beginning of the 
second column, correct instruction 101 for Sec.  76.100 to read as 
follows:


Sec.  76.100  [Corrected]

0
101. Amend Sec.  76.100 by removing the words ``the authorizing statute 
and the implementing regulations'' and adding in their place the words 
``applicable statutes and regulations''.


Sec.  76.564  [Corrected]

0
6. On page 70338, in the second column, correct instruction 127 from 
``Revise Sec.  76.654 to read as follows:'' to ``Revise Sec.  76.564 to 
read as follows:''.

0
7. On page 70339, in the second column, correct instruction 147 for 
Sec.  76.711 by revising instruction b. and adding instruction c. to 
read as follows:


Sec.  76.711  [Corrected]

0
147. Amend Sec.  76.711 by:
* * * * *
0
b. Removing the phrase ``Catalog of Federal Domestic Assistance 
(CFDA)'' and adding in its place the words ``Assistance Listings and 
assigned an Assistance Listing Number (ALN)''.
0
c. Removing the text ``CFDA number'' and adding in its place the 
abbreviation ``ALN''.
* * * * *


Sec.  76.783  [Corrected]

0
8. On page 70340, in the second column, correct instruction 154.a. for 
Sec.  76.783 to read as follows:
0
154. Amend Sec.  76.783 by:
0
a. In paragraph (a)(1), removing the word ``or'' at the end of the 
paragraph;
* * * * *

0
9. On page 70343, in the third column, correct instruction 170 for 
Sec.  79.4 to read as follows:


Sec.  79.4  [Corrected]

0
170. Amend Sec.  79.4 in paragraph (b)(3) by removing the word 
``official's'' and adding in its place the word ``officials' ''.

Roberto Rodriguez,
Assistant Secretary for Planning, Evaluation and Policy Development.
[FR Doc. 2024-22195 Filed 9-26-24; 8:45 am]
BILLING CODE 4000-01-P


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