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Office of Elementary and Secondary Education; Office of the Chief Privacy Officer, Office of Management; Office of the Secretary; Department of Education.
Final regulations; delay of effective dates.
In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review,” published in the Federal Register on January 24, 2017, the Department delays the effective dates of the following regulations until March 21, 2017: Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act—Accountability and State Plans (ESSA Accountability and State Plans), RIN 1810-AB27; Open Licensing Requirement for Competitive Grant Programs (Open Licensing), RIN 1894-AA07; and Family Educational Rights and Privacy Act.
Effective January 30, 2017, the effective date of the final rules published on November 29, 2016 at 81 FR 86076; January 19, 2017 at 82 FR 7376; and January 19, 2017 at 82 FR 6252, respectively, is delayed to March 21, 2017.
Hilary Malawer, Assistant General Counsel, U.S. Department of Education, 400 Maryland Avenue SW., Room 6E231, Washington, DC 20202. Telephone: (202) 401-6148 or by email: hilary.malawer@ed.gov.
If you use a telecommunications device for the deaf or text telephone, call the Federal Relay Service, toll free, at 1-800-877-8339.
On January 20, 2017, the Assistant to the President and Chief of Staff issued a memorandum entitled, “Regulatory Freeze Pending Review.” This memorandum directed heads of executive departments and agencies to take certain steps to ensure that the President's appointees and designees have the opportunity to review new or pending regulations. It instructed agencies to temporarily postpone the effective dates of regulations that had been published in the Federal Register but were not yet effective until 60 days after the date of the memorandum (January 20, 2017). In accordance with that directive, the Department is delaying the effective dates of the regulations listed below as follows:
| RIN | Title | Agency contact | Original effective date | Delayed effective date |
|---|---|---|---|---|
| 1810-AB27 | ESSA-Accountability and State Plans | Meredith Miller, OESE (202) 401-8368 Meredith.Miller@ed.gov | January 30, 2017 | March 21, 2017. |
| 1894-AA07 | Open Licensing Requirement for Competitive Grant Programs | Sharon Leu, Office of the Secretary (202) 453-5646 tech@ed.gov | March 20, 2017 | March 21, 2017. |
| 2017-00958 | Family Educational Rights and Privacy Act | Kathleen Styles, Office of Management (855) 249-3072 PrivacyTA@ed.gov | February 21, 2017 | March 21, 2017. |
This is the first of several regulatory actions the Department intends to take regarding regulations that have been published in the Federal Register but had not taken effect as of January 20, 2017, including the Department's regulations for Borrower Defense (RIN 1840-AD19), TEACH Grants (RIN 1840-AD07), and State Authorization (RIN 1840-AD20) issued under title IV of the Higher Education Act of 1965, as amended.
Waiver of Rulemaking and Delayed Effective Date: Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed regulations and publishes rules not less than 30 days before their effective dates. However, the APA provides that an agency is not required to conduct notice-and-comment rulemaking or delay effective dates 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 both of these requirements here as the President's appointees and designees need to delay the effective dates of these regulations to have adequate time to review new or pending regulations, and neither the notice and comment processes nor delayed effective date could be implemented in time to allow for this review.
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Dated: January 26, 2017.
Philip H. Rosenfelt,
Acting Secretary of Education.
[FR Doc. 2017-02056 Filed 1-27-17; 8:45 am]
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