Program Integrity: Gainful Employment, 39362-39363 [2017-17423]

Download as PDF 39362 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting for 10 hours on 2 days, during daylight hours and restricts transit on a section of the Kaskaskia River extending 2 miles. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. mstockstill on DSK30JT082PROD with RULES G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. VerDate Sep<11>2014 15:59 Aug 17, 2017 Jkt 241001 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DEPARTMENT OF EDUCATION 1. The authority citation for part 165 continues to read as follows: [Docket ID ED–2017–OPE–0090] ■ Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T08–0521 to read as follows: ■ § 165.T08–0521 Safety Zone; Kaskaskia River, Evansville, IL. (a) Location. The following area is a safety zone: all navigable waters of the Kaskaskia River between MM 9.0 and MM 11.0, Evansville, IL. (b) Definitions. As used in this section, a ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Upper Mississippi River (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or a designated representative. (2) To request entry into the safety zone, contact the COTP or a designated representative via VHF–FM channel 16, or Coast Guard Sector Upper Mississippi River by telephone at 314– 269–2332. Those persons authorized to be in the safety zone must comply with all lawful orders or directions given to them by the COTP or a designated representative. (d) Enforcement period. This section will be enforced each day from 8 a.m. through 6 p.m. on September 16 and 17, 2017. (e) Informational broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zone. Dated: August 15, 2017. Scott A. Stoermer, Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River. [FR Doc. 2017–17512 Filed 8–17–17; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 34 CFR Part 668 Program Integrity: Gainful Employment Office of Postsecondary Education, Department of Education. ACTION: Announcement of applicable dates; request for comments. AGENCY: The Department, in this document, establishes new deadlines for submitting notices of intent to file alternate earnings appeals and for submitting alternate earnings appeals. The Department also announces additional information that will be considered when evaluating alternate earnings appeals. DATES: We must receive comments on or before September 18, 2017. The deadline to submit a notice of intent to file an alternate earnings appeal is October 6, 2017. The deadline to file an alternate earnings appeal is February 1, 2018. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via U.S. mail, commercial delivery, or hand delivery. We will not accept comments by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘Are you new to this site?’’ • U.S. Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments, address them to Scott Filter, U.S. Department of Education, 400 Maryland Ave. SW., Room 6W253, Washington, DC 20202. Privacy Note: The Department’s policy for comments received from members of the public (including comments submitted by mail, commercial delivery, or hand delivery) is to make these submissions available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available on the internet. FOR FURTHER INFORMATION CONTACT: Scott Filter, U.S. Department of SUMMARY: E:\FR\FM\18AUR1.SGM 18AUR1 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Rules and Regulations Education, 400 Maryland Ave. SW., Room 6W253, Washington, DC 20202. Telephone: (202) 453–7249 or by email at: Scott.Filter@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. On January 6, 2017, the Department announced dates by which institutions subject to the Department’s gainful employment (GE) regulations must comply with certain provisions of the GE regulations relating to the submission of alternate earnings appeals. On June 15, 2017, the Department announced its intention to negotiate issues related to gainful employment. On July 5, 2017, the Department announced that it would publish a Federal Register document to establish a new deadline for institutions to submit alternate earnings appeals in light of the Court Order in American Association of Cosmetology Schools v. DeVos, Civil Action No. 17–0263, D.D.C. June 28, 2017 (Court Order). The Department establishes October 6, 2017, as the deadline for all programs to file a notice of intent to file alternate earnings appeal. The Department establishes February 1, 2018, as the deadline for all programs to file an alternate earnings appeal. However, programs are encouraged to submit their appeals before this deadline. These deadlines and the associated timelines are being established on a one-time basis to comply with the Court Order. Although the Court Order only applies to institutions that are members of the American Association of Cosmetology Schools, the Court noted concerns with the response threshold required for the graduate surveys used for all programs in the alternate earnings appeal under 34 CFR 668.406, and the Department is establishing these new deadlines for all programs subject to the GE regulations in 34 CFR part 668. Institutions that have already submitted a notice of intent to file an alternate earnings appeal, or an alternate earnings appeal, do not have to resubmit those items or amend their alternate earnings appeal in connection with the modified submission requirements described below. Institutions that wish to supplement an alternate earnings appeal that has already been submitted may do so, and should contact Department staff to make those arrangements on or before October 6, 2017. To further comply with the Court Order, for alternate earnings appeals based on a graduate survey, the mstockstill on DSK30JT082PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:59 Aug 17, 2017 Jkt 241001 Department will not enforce § 668.406(b)(3) or (c) to the extent these provisions require that a graduate survey contain responses from all students that are not exempted under § 668.404(e), nor will the Department require a 50 percent threshold response rate. Instead, the Department will evaluate all graduate surveys, regardless of response rate, provided the submissions include the number of responses, the response rate, and a nonresponse bias analysis, as well as any other information the Department requests. The Department will consider the response rate, the nonresponse bias analysis, and any other information requested by the Secretary that indicates that the responses are a reliable measure of the program graduates’ true earnings. Furthermore, for alternate earnings appeals based on data from Statesponsored data systems, the Department will not enforce § 668.406(b)(3) or (d) to the extent these provisions require that an appeal include earnings data for all students that are not exempted under § 668.404(e), nor will the Department enforce § 668.406(d) to the extent that provision requires a 50 percent threshold to be met, or the earnings of 30 students to be included, before the Department will consider an alternate earnings appeal. Instead, the Department will consider the validity of appeals using State-sponsored data on a case-by-case basis, taking into account the response rate and other information requested by the Secretary. In modifying the alternate appeals submission requirements, the Department seeks to reduce the burden on institutions in conducting these appeals while still ensuring that institutions provide enough information for the Department to determine whether the program graduates for whom alternate earnings data are provided are a valid representation of the overall cohort. Institutions must still submit the certifications and attestations required by § 668.406(c)(2) and (d)(3), as applicable, except to the extent inconsistent with anything in this document. Institutions intending to file a notice of intent to appeal do not have to issue warnings to students unless they fail to timely submit an alternate earnings appeal or the appeal is resolved. We invite your comments on this action. We will consider these comments in determining whether to take any future action in connection with the upcoming negotiated rulemaking. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., Braille, large PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 39363 print, audiotape, or compact disc) on request to the program 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. Free internet access to the official edition of the Federal Register and the Code of Federal Regulations is available 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 Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at this 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 of this site, you can limit your search to documents published by the Department. Dated: August 14, 2017. Betsy DeVos, Secretary of Education. [FR Doc. 2017–17423 Filed 8–17–17; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170104016–7732–02] RIN 0648–XF138 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approval of Modifications to a Regulatory Exemption for Groundfish Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: Through this action, NMFS approves a change to a regulatory exemption for sector vessels in the Northeast multispecies fishery for fishing years 2017 and 2018. This action is necessary to respond to a request from sectors to change a previously approved exemption. The change is intended to increase the use of the sector exemption, which allows sector vessels to combine small-mesh exempted fishing trips and SUMMARY: E:\FR\FM\18AUR1.SGM 18AUR1

Agencies

[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Rules and Regulations]
[Pages 39362-39363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17423]



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DEPARTMENT OF EDUCATION



34 CFR Part 668



[Docket ID ED-2017-OPE-0090]




Program Integrity: Gainful Employment



AGENCY: Office of Postsecondary Education, Department of Education.



ACTION: Announcement of applicable dates; request for comments.



-----------------------------------------------------------------------



SUMMARY: The Department, in this document, establishes new deadlines 

for submitting notices of intent to file alternate earnings appeals and 

for submitting alternate earnings appeals. The Department also 

announces additional information that will be considered when 

evaluating alternate earnings appeals.



DATES:  We must receive comments on or before September 18, 2017.

    The deadline to submit a notice of intent to file an alternate 

earnings appeal is October 6, 2017. The deadline to file an alternate 

earnings appeal is February 1, 2018.



ADDRESSES: Submit your comments through the Federal eRulemaking Portal 

or via U.S. mail, commercial delivery, or hand delivery. We will not 

accept comments by fax or by email or those submitted after the comment 

period. To ensure that we do not receive duplicate copies, please 

submit your comments only once. In addition, please include the Docket 

ID at the top of your comments.

     Federal eRulemaking Portal: Go to www.regulations.gov to 

submit your comments electronically. Information on using 

Regulations.gov, including instructions for accessing agency documents, 

submitting comments, and viewing the docket, is available on the site 

under ``Are you new to this site?''

     U.S. Mail, Commercial Delivery, or Hand Delivery: If you 

mail or deliver your comments, address them to Scott Filter, U.S. 

Department of Education, 400 Maryland Ave. SW., Room 6W253, Washington, 

DC 20202.

    Privacy Note: The Department's policy for comments received from 

members of the public (including comments submitted by mail, commercial 

delivery, or hand delivery) is to make these submissions available for 

public viewing in their entirety on the Federal eRulemaking Portal at 

www.regulations.gov. Therefore, commenters should be careful to include 

in their comments only information that they wish to make publicly 

available on the internet.



FOR FURTHER INFORMATION CONTACT: Scott Filter, U.S. Department of



[[Page 39363]]



Education, 400 Maryland Ave. SW., Room 6W253, Washington, DC 20202. 

Telephone: (202) 453-7249 or by email at: Scott.Filter@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: On January 6, 2017, the Department announced 

dates by which institutions subject to the Department's gainful 

employment (GE) regulations must comply with certain provisions of the 

GE regulations relating to the submission of alternate earnings 

appeals. On June 15, 2017, the Department announced its intention to 

negotiate issues related to gainful employment. On July 5, 2017, the 

Department announced that it would publish a Federal Register document 

to establish a new deadline for institutions to submit alternate 

earnings appeals in light of the Court Order in American Association of 

Cosmetology Schools v. DeVos, Civil Action No. 17-0263, D.D.C. June 28, 

2017 (Court Order).

    The Department establishes October 6, 2017, as the deadline for all 

programs to file a notice of intent to file alternate earnings appeal. 

The Department establishes February 1, 2018, as the deadline for all 

programs to file an alternate earnings appeal. However, programs are 

encouraged to submit their appeals before this deadline. These 

deadlines and the associated timelines are being established on a one-

time basis to comply with the Court Order. Although the Court Order 

only applies to institutions that are members of the American 

Association of Cosmetology Schools, the Court noted concerns with the 

response threshold required for the graduate surveys used for all 

programs in the alternate earnings appeal under 34 CFR 668.406, and the 

Department is establishing these new deadlines for all programs subject 

to the GE regulations in 34 CFR part 668. Institutions that have 

already submitted a notice of intent to file an alternate earnings 

appeal, or an alternate earnings appeal, do not have to resubmit those 

items or amend their alternate earnings appeal in connection with the 

modified submission requirements described below. Institutions that 

wish to supplement an alternate earnings appeal that has already been 

submitted may do so, and should contact Department staff to make those 

arrangements on or before October 6, 2017.

    To further comply with the Court Order, for alternate earnings 

appeals based on a graduate survey, the Department will not enforce 

Sec.  668.406(b)(3) or (c) to the extent these provisions require that 

a graduate survey contain responses from all students that are not 

exempted under Sec.  668.404(e), nor will the Department require a 50 

percent threshold response rate. Instead, the Department will evaluate 

all graduate surveys, regardless of response rate, provided the 

submissions include the number of responses, the response rate, and a 

nonresponse bias analysis, as well as any other information the 

Department requests. The Department will consider the response rate, 

the nonresponse bias analysis, and any other information requested by 

the Secretary that indicates that the responses are a reliable measure 

of the program graduates' true earnings.

    Furthermore, for alternate earnings appeals based on data from 

State-sponsored data systems, the Department will not enforce Sec.  

668.406(b)(3) or (d) to the extent these provisions require that an 

appeal include earnings data for all students that are not exempted 

under Sec.  668.404(e), nor will the Department enforce Sec.  

668.406(d) to the extent that provision requires a 50 percent threshold 

to be met, or the earnings of 30 students to be included, before the 

Department will consider an alternate earnings appeal. Instead, the 

Department will consider the validity of appeals using State-sponsored 

data on a case-by-case basis, taking into account the response rate and 

other information requested by the Secretary.

    In modifying the alternate appeals submission requirements, the 

Department seeks to reduce the burden on institutions in conducting 

these appeals while still ensuring that institutions provide enough 

information for the Department to determine whether the program 

graduates for whom alternate earnings data are provided are a valid 

representation of the overall cohort. Institutions must still submit 

the certifications and attestations required by Sec.  668.406(c)(2) and 

(d)(3), as applicable, except to the extent inconsistent with anything 

in this document.

    Institutions intending to file a notice of intent to appeal do not 

have to issue warnings to students unless they fail to timely submit an 

alternate earnings appeal or the appeal is resolved.

    We invite your comments on this action. We will consider these 

comments in determining whether to take any future action in connection 

with the upcoming negotiated rulemaking.

    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 program 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. Free 

internet access to the official edition of the Federal Register and the 

Code of Federal Regulations is available 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 Portable Document Format (PDF). To use PDF you 

must have Adobe Acrobat Reader, which is available free at this 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 of this site, you can limit your search to documents published 

by the Department.



    Dated: August 14, 2017.

Betsy DeVos,

Secretary of Education.

[FR Doc. 2017-17423 Filed 8-17-17; 8:45 am]

 BILLING CODE 4000-01-P
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