Outdated Regulations-Teacher Quality Enhancement Grants Program and Preparing Tomorrow's Teachers to Use Technology (PT3) Program, 52148-52150 [2018-22413]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52148-52150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22413]


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DEPARTMENT OF EDUCATION

34 CFR Parts 611, 614, 636, 649, 680, 693, and 695-699

RIN 1840-AD32; 1840-AD33


Outdated Regulations--Teacher Quality Enhancement Grants Program 
and Preparing Tomorrow's Teachers to Use Technology (PT3) Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final regulations.

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SUMMARY: The Secretary removes outdated regulations for two programs no 
longer authorized by Federal law: The Teacher Quality Enhancement 
Grants (TQE) program and the Preparing Tomorrow's Teachers to Use 
Technology (PT3) program. Therefore, the associated regulations are 
unnecessary.

DATES: This action is effective October 16, 2018.

[[Page 52149]]


FOR FURTHER INFORMATION CONTACT: Linda Byrd-Johnson, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 270-02, Washington, DC 20202-
6200. Telephone: (202) 453-6060. Email: [email protected].
    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 February 24, 2017, President Trump signed 
Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' 
which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people. Section 3(a) of the 
Executive order directed each Federal agency to establish a Regulatory 
Reform Task Force, the duty of which is to evaluate existing 
regulations and ``make recommendations to the agency head regarding 
their repeal, replacement, or modification.'' Section 3(d)(ii) of the 
Executive order specifically instructs the Task Force to identify 
regulations that are ``are outdated, unnecessary, or ineffective.'' The 
Department is undertaking this regulatory action consistent with that 
objective.
    The TQE and PT3 programs are no longer authorized by the Higher 
Education Act of 1965, as amended (HEA). Pursuant to the Higher 
Education Opportunity Act (Pub. L. 110-315) enacted in 2008, these 
programs were replaced. The TQE program was replaced with the Teacher 
Quality Partnership program, and the PT3 program was replaced with the 
Preparing Teachers for Digital Age Learners program. Neither new 
program uses the regulations from the replaced programs. Accordingly, 
the Secretary removes 34 CFR parts 611 and 614 because they are 
obsolete. The Secretary also removes parts 636, 649, 680, 693, and 695-
699, which had been reserved, to streamline the Department's 
regulations.

Waiver of Proposed Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (5 U.S.C. 553) (APA) 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 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 have become obsolete. 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 obtaining public comment on the removal 
of the regulations is unnecessary.
    The APA also 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)). Again, 
because this final regulatory action merely removes outdated 
regulations, the Secretary is also waiving 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, 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 final 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, unless required by law or 
approved in writing by the Director of the OMB. 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 on a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its 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 the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including 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 final regulatory action only on a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
maximize net benefits. Based on the analysis that follows, the 
Department believes that these final regulations are consistent with 
the principles in Executive Order 13563.

[[Page 52150]]

    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. Because the rescinded 
regulations are obsolete, we do not believe that this action will 
result in any additional costs or benefits.

Regulatory Flexibility Act Certification

    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

    These regulations do not contain any information collection 
requirements.

Intergovernmental Review

    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 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 611

    Colleges and universities, Elementary and secondary education, 
Grant programs-education.

34 CFR Part 614

    Grant programs-education, colleges and universities.

    Dated: October 10, 2018.
Diane Auer Jones,
Principal Deputy Under Secretary Delegated to Perform the Duties of 
Under Secretary and Assistant Secretary for the Office of Postsecondary 
Education.

    For the reasons discussed in the preamble, and under the authority 
at 20 U.S.C. 3474 and 20 U.S.C. 1221e-3, the Secretary amends chapter 
VI of title 34 of the Code of Federal Regulations as follows:

PART 611--[Removed]

0
1. Part 611 is removed.

PART 614--[Removed]

0
2. Part 614 is removed.

PART 636--[Removed]

0
3. Reserved part 636 is removed.

PART 649--[Removed]

0
 4. Reserved part 649 is removed.

PART 680--[Removed]

0
 5. Reserved part 680 is removed.

PART 693--[Removed]

0
6. Reserved part 693 is removed.

PARTS 695-699--[REMOVED]

0
7. Reserved parts 695-699 are removed.

[FR Doc. 2018-22413 Filed 10-15-18; 8:45 am]
 BILLING CODE 4000-01-P