[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Rules and Regulations]
[Pages 8669-8670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02056]

Rules and Regulations
                                                Federal Register

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Rules 
and Regulations

[[Page 8669]]


2 CFR Part 3474

34 CFR Parts 99, 200, and 299

[Docket ID ED-2016-OESE-0032; Docket ID ED-2015-OS-0105]
RIN 1810-AB27; 1894-AA07

Elementary and Secondary Education Act of 1965, as Amended by the 
Every Student Succeeds Act--Accountability and State Plans; Open 
Licensing Requirement for Competitive Grant Programs; Family 
Educational Rights and Privacy Act

AGENCY: Office of Elementary and Secondary Education; Office of the 
Chief Privacy Officer, Office of Management; Office of the Secretary; 
Department of Education.

ACTION: Final regulations; delay of effective dates.


SUMMARY: 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.

DATES: 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.

FOR FURTHER INFORMATION CONTACT: 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: 
[email protected].
    If you use a telecommunications device for the deaf or text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-

SUPPLEMENTARY INFORMATION: 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     Meredith Miller, OESE   January 30, 2017................  March 21, 2017.
                                       and State Plans.        (202) 401-8368
                                                               [email protected].
1894-AA07...........................  Open Licensing          Sharon Leu, Office of   March 20, 2017..................  March 21, 2017.
                                       Requirement for         the Secretary (202)
                                       Competitive Grant       453-5646 [email protected].
2017-00958..........................  Family Educational      Kathleen Styles,        February 21, 2017...............  March 21, 2017.
                                       Rights and Privacy      Office of Management
                                       Act.                    (855) 249-3072
                                                               [email protected].

    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 
    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.
    Accessible Format: Individuals with disabilities may obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
    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

[[Page 8670]]

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List of Subjects

2 CFR Part 3474

    Accounting; Administrative practice and procedure; Adult education; 
Aged; Agriculture; American Samoa; Bilingual education; Blind; Business 
and industry; Civil rights; Colleges and universities; Communications; 
Community development; Community facilities; Copyright; Credit; 
Cultural exchange programs; Educational facilities; Educational 
research; Education; Education of disadvantaged; Education of 
individuals with disabilities; Educational study programs; Electric 
power; Electric power rates; Electric utilities; Elementary and 
secondary education; Energy conservation; Equal educational 
opportunity; Federally affected areas; Government contracts; Grant 
programs; Grant programs-agriculture; Grant programs-business and 
industry; Grant programs-communications; Grant programs-education; 
Grant programs-energy; Grant programs-health; Grant programs-housing 
and community development; Grant programs-social programs; Grant 
administration; Guam; Home improvement; Homeless; Hospitals; Housing; 
Human research subjects; Indians; Indians-education; Infants and 
children; Insurance; Intergovernmental relations; International 
organizations; Inventions and patents; Loan programs; Loan programs 
social programs; Loan programs-agriculture; Loan programs-business and 
industry; Loan programs-communications; Loan programs-energy; Loan 
programs-health; Loan programs-housing and community development; 
Manpower training programs; Migrant labor; Mortgage insurance; 
Nonprofit organizations; Northern Mariana Islands; Pacific Islands 
Trust Territories; Privacy; Renewable Energy; Reporting and 
recordkeeping requirements; Rural areas; Scholarships and fellowships; 
School construction; Schools; Science and technology; Securities; Small 
businesses; State and local governments; Student aid; Teachers; 
Telecommunications; Telephone; Urban areas; Veterans; Virgin Islands; 
Vocational education; Vocational rehabilitation; Waste treatment and 
disposal; Water pollution control; Water resources; Water supply; 
Watersheds; Women.

34 CFR Part 99

    Administrative practice and procedure; Privacy; Reporting and 
recordkeeping requirements; Students.

34 CFR Part 200

    Elementary and secondary education; Grant programs-education; 
Indians-education; Infants and children; Juvenile delinquency; Migrant 
labor; Private schools; Reporting and recordkeeping requirements.

34 CFR Part 299

    Administrative practice and procedure; Elementary and secondary 
education; Grant programs-education; Private schools; Reporting and 
recordkeeping requirements.

    Dated: January 26, 2017.
Philip H. Rosenfelt,
Acting Secretary of Education.
[FR Doc. 2017-02056 Filed 1-27-17; 8:45 am]