[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Pages 11309-11310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04201]


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DEPARTMENT OF EDUCATION

34 CFR Part 81

[Docket ID ED-2021-OFO-0121]
RIN 1880-AA91


Standardizing Filing Procedures for Administrative Appeals; 
Correction

AGENCY: Office of Finance and Operations, Department of Education.

ACTION: Technical amendment.

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SUMMARY: On September 23, 2021, the Department of Education published 
in the Federal Register final regulations for Standardizing Filing 
Procedures for Administrative Appeals. This document corrects an error 
to the regulatory text in the final regulations.

DATES: The correction to these final regulations is effective March 1, 
2022.

[[Page 11310]]


FOR FURTHER INFORMATION CONTACT: George Abbott, 400 Maryland Avenue SW, 
Room 10089, Potomac Center Plaza, Washington, DC 20202. Telephone: 
(202) 245-8300. Email: <a href="/cdn-cgi/l/email-protection#5f183a302d383a711e3d3d302b2b1f3a3b71383029"><span class="__cf_email__" data-cfemail="0146646e7366642f4063636e75754164652f666e77">[email protected]</span></a>.
    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: This document corrects an error in FR Doc. 
2021-20304 that published in the Federal Register on September 23, 2021 
(86 FR 52829). Due to a technical error, paragraph (b)(3) was not added 
to 34 CFR 81.20. This technical amendment adds paragraph (b)(3) to 
Sec.  81.20.

Waiver of Proposed Rulemaking

    In accordance with the Administrative Procedure Act, 5 U.S.C. 553, 
it is the Secretary's practice to offer interested parties the 
opportunity to comment on proposed regulations. However, the regulatory 
changes in this document are necessary to correct an error and do not 
establish any new substantive rules. Therefore, the Secretary has 
determined that publication of a proposed rule is unnecessary under 5 
U.S.C. 553(b)(B).
    Accessible Format: On request to the 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 another 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 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 81

    Administrative practice and procedure, Grant programs--education.

Denise L. Carter,
Acting Assistant Secretary, Office of Finance and Operations.

    For the reasons set out in the preamble to FR Doc. 2021-20304, 
published in the Federal Register on September 23, 2021 (86 FR 52829), 
the Department of Education makes the following technical amendment to 
34 CFR part 81.

PART 81--GENERAL EDUCATION PROVISIONS ACT--ENFORCEMENT

0
1. The authority citation for part 81 continues to read as follows:

    Authority:  20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless 
otherwise noted.


0
2. Amend Sec.  81.20 by:
0
a. Adding paragraph (b)(3); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The addition reads as follows:


Sec.  81.20  Interlocutory appeals to the Secretary from rulings of an 
ALJ.

* * * * *
    (b) * * *
    (3)(i) The petition must be filed electronically, and served upon 
the ALJ and other parties, by submission to OES on behalf of the Office 
of the Secretary unless a party shows the Secretary good cause why the 
petition cannot be filed electronically.
    (ii) If the Secretary permits a party to file a petition in paper 
format, the filing party must file the petition with the Office of 
Hearings and Appeals (OHA) on behalf of the Secretary by hand-delivery 
or regular mail. The filing party must provide a copy of the petition 
to the ALJ at the time the petition is filed, and a copy of the 
petition must be served upon the other parties by hand-delivery or 
regular mail.
* * * * *
[FR Doc. 2022-04201 Filed 2-28-22; 8:45 am]
BILLING CODE 4000-01-P


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