48272 Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / 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: 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 Leslie Carter, 

Program Specialist, Levon Schlichter, 

Attorney, or Lynn Mahaffie, Assistant 

General Counsel, Division of Regulatory 

Services, Department of Education, 

Room 6C128, 400 Maryland Avenue 

SW, Washington, DC 20202–2241; 

telephone: Leslie Carter (202) 401–5939, 

Levon Schlichter (202) 453–6387, or 

Lynn Mahaffie (202) 453–7862. 

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. 

Elizabeth Brown, 

General Counsel. 

OFFICE OF POSTSECONDARY EDUCATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

72 ...................... Borrower Defense (Section 610 Review) ....................................................................................................... 1840–AD53 

73 ...................... Determining the Amount of Federal Education Assistance Funds Received by Institutions of Higher Education (90/10) (Section 610 Review).1840–AD55 

74 ...................... Gainful Employment ......................................................................................................................................... 1840–AD57 

75 ...................... Factors of Financial Responsibility (Section 610 Review) ............................................................................. 1840–AD64 

DEPARTMENT OF EDUCATION (ED) 

Office of Postsecondary Education 

(OPE) 

Proposed Rule Stage 

72. Borrower Defense (Section 610 

Review) [1840–AD53] 

Legal Authority: 20 U.S.C. 1082(a)(5), 

(a)(6); 20 U.S.C. 1087(a); 20 U.S.C. 

1087e(h); 20 U.S.C. 1221e–3; 20 U.S.C. 

1226a–1; 20 U.S.C. 1234(a); 31 U.S.C. 

3711 

Abstract: The Secretary proposes to 

amend regulations in 34 CFR parts 30, 

668, 674, 682, 685, and 686 that 

determine what acts or omissions of an 

institution of higher education a 

borrower may assert as a defense to 

repayment of a loan made under the 

Federal Direct Loan and Federal Family 

Education Loan Programs and specify 

the consequences of such borrower 

defenses for borrowers, institutions, and 

the Secretary. Further, the Secretary 

intends to review the use of class-action 

lawsuits and pre-dispute arbitration 

agreements for matters pertaining to 

borrower defense claims by schools 

receiving Title IV assistance under the 

Higher Education Act. 

Timetable: 


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Federal Register / Vol. 87, No. 151 / Monday, August 8, 2022 / UA: Reg Flex Agenda 48273 

Action Date FR Cite 

Notice of Intent to 

Commence Negotiated Rulemaking.

05/26/21 86 FR 28299 

NPRM .................. 06/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Scott Prince, 

Department of Education, Office of 

Postsecondary Education, 400 Maryland 

Avenue SW, Washington, DC 20202, 

Phone: 202 453–5568, Email: 

scott.prince@ed.gov. 

RIN: 1840–AD53 

73. Determining the Amount of Federal 

Education Assistance Funds Received 

by Institutions of Higher Education (90/ 

10) (Section 610 Review) [1840–AD55] 

Legal Authority: 20 U.S.C. 1085, 20 

U.S.C. 1088; 20 U.S.C. 1091, 20 U.S.C. 

1092; 20 U.S.C. 1094, 20 U.S.C. 1099a– 

3; 20 U.S.C. 1099c 

Abstract: To reflect changes to the 

HEA made by the American Rescue Plan 

Act, the Secretary plans to propose to 

amend the Student Assistance General 

Provisions (34 CFR 668.28 Non-Title IV 

revenue) governing whether proprietary 

institutions meet the requirement in 34 

CFR 668.14(b)(16) that institutions 

receive at least 10 percent of their 

revenue from sources other than Federal 

education assistance funds. 

Timetable: 

Action Date FR Cite 

Notice of Intent to 

Commence Negotiated Rulemaking.

10/04/21 86 FR 54666 

Action Date FR Cite 

NPRM .................. 07/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gregory Martin, 

Department of Education, Office of 

Postsecondary Education, 400 Maryland 

Avenue SW, Room 2C136, Washington, 

DC 20202, Phone: 202 453–7535, Email: 

gregory.martin@ed.gov. 

RIN: 1840–AD55 

74. Gainful Employment [1840–AD57] 

Legal Authority: 20 U.S.C. 1001; 20 

U.S.C. 1002; 20 U.S.C. 1003; 20 U.S.C. 

1088; 20 U.S.C. 1091; 20 U.S.C. 1094; 20 

U.S.C. 1099(b); 20 U.S.C. 1099(c); 20 

U.S.C. 1082; . . . 

Abstract: The Secretary plans to 

propose to amend 34 CFR parts 668 and 

600 on institution and program 

eligibility under the HEA, including 

regulations that determine whether 

postsecondary educational programs 

prepare students for gainful 

employment in recognized occupations, 

and the conditions under which 

institutions and programs remain 

eligible for student financial assistance 

programs under Title IV of the HEA. 

Timetable: 

Action Date FR Cite 

Notice of Intent to 

Commence Negotiated Rulemaking.

05/26/21 86 FR 28299 

NPRM .................. 04/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gregory Martin, 

Department of Education, Office of 

Postsecondary Education, 400 Maryland 

Avenue SW, Room 2C136, Washington, 

DC 20202, Phone: 202 453–7535, Email: 

gregory.martin@ed.gov. 

RIN: 1840–AD57 

75. Factors of Financial Responsibility 

(Section 610 Review) [1840–AD64] 

Legal Authority: 20 U.S.C. 1094 and 

1099c; sec. 4 of Pub. L. 95–452; 92 Stat. 

1101–1109 

Abstract: The Secretary plans to 

amend regulations in subpart L of 34 

CFR part 668 on institution and program 

eligibility under the Higher Education 

Act of 1965, as amended (HEA), 

including regulations associated with 

the standards of financial responsibility 

an institution must maintain in order to 

be eligible to participate in programs 

under Title IV of the HEA. 

Timetable: 

Action Date FR Cite 

Notice of Intent to 

Commence Negotiated Rulemaking.

05/26/21 86 FR 28299 

NPRM .................. 04/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Gregory Martin, 

Department of Education, Office of 

Postsecondary Education, 400 Maryland 

Avenue SW, Room 2C136, Washington, 

DC 20202, Phone: 202 453–7535, Email: 

gregory.martin@ed.gov. 

RIN: 1840–AD64 

[FR Doc. 2022–14601 Filed 8–5–22; 8:45 am] 

BILLING CODE 4000–01–P 


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