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Proposed Rule

Unified Agenda of Federal Regulatory and Deregulatory Actions

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Office of the Secretary, Department of Education.


Semiannual regulatory agenda.


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 regulatory actions we plan to take.

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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 LaTanya Cannady, Program Specialist or Hilary Malawer, Deputy Assistant General Counsel, Division of Regulatory Services, Office of the General Counsel, Department of Education, Room 6C150, 400 Maryland Avenue SW., Washington, DC 20202-2241; telephone: (202) 401-9676 (LaTanya Cannady) or (202) 401-6148 (Hilary Malawer). Individuals who use a telecommunications device for the deaf (TDD) or a text telephone (TTY) may call the Federal Relay Service (FRS) at 1-800-877-8339.

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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 October and April 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 (​public/​jsp/​eAgenda/​StaticContent/​201310/​Statement_​1800.htm), ED is committed to regulations that improve the quality and equality of services to its customers. ED will regulate only if absolutely necessary and then in the most flexible, most equitable, 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. ED has determined that none of the uncompleted actions in this agenda require review under section 610.

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, and regulatory action in addition to the items listed is not precluded. 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

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Dated: February 28, 2014.

Philip Rosenfelt,

Deputy General Counsel, delegated the authority to perform the functions and duties of the General Counsel.

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Office of Postsecondary Education—Proposed Rule Stage

Sequence No.TitleRegulation Identifier No.
110Gainful Employment1840-AD15

Office of Postsecondary Education—Completed Actions

Sequence No.TitleRegulation Identifier No.
111150% Regulations1840-AD13
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Proposed Rule Stage

Office of Postsecondary Education (OPE)

110. Gainful Employment

Legal Authority: 20 U.S.C. 1001 to 1003; 20 U.S.C. 1070g; 20 U.S.C. 1085; 20 U.S.C. 1088; 20 U.S.C. 1091 to 1092; 20 U.S.C. 1094; 20 U.S.C. 1099c; 20 U.S.C. 1099c-1; 20 U.S.C. 1221e-3; 20 U.S.C. 3474

Abstract: The Secretary proposes amendments to the regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). The proposed amendments follow a negotiated rulemaking conducted by the Department in the fall of 2013. Specifically, a negotiating committee met in September, November, and December of 2013 to prepare proposed regulations regarding measures for determining whether certain postsecondary educational programs prepare students for gainful employment in a recognized occupation, the conditions under which these educational programs remain eligible for the title IV Federal Student Aid programs, and requirements for reporting and disclosure of relevant information.


ActionDateFR Cite
NPRM03/25/1479 FR 16426
NPRM Comment Period End05/27/14
Final Regulations10/00/14

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: John A. Kolotos, Department of Education, Office of Postsecondary Education, Room 8018, 1990 K Street NW., Washington, DC 20006-8502; Phone: 202 502-7762; Email:

RIN: 1840-AD15


Completed Actions

Office of Postsecondary Education (OPE)

111. 150% Regulations

Legal Authority: Pub. L. 112-141

Abstract: These final regulations implement Public Law 112-141, which made changes to section 455 of the Higher Education Act of 1965, as amended (HEA). Specifically, these regulation implement the following: (1) A new borrower on or after July 1, 2013, becomes ineligible to receive additional Direct Subsidized Loans if the period during which the borrower has received such loans exceeds 150% of the published length of the borrower's educational program, and (2) interest on all Direct Subsidized Loans that were disbursed to such borrower on or after July 1, 2013, will accrue.


ReasonDateFR Cite
Final Rule01/17/1479 FR 3108

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Nathan Arnold; Phone: 202 219-7134; Email:

RIN: 1840-AD13

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[FR Doc. 2014-13118 Filed 6-12-14; 8:45 am]