Federal Register - September 3, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations
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rule to amend the general, establishing eligibility, maintaining eligibility, and losing eligibility sections of the Institutional Eligibility regulations issued under the Higher Education Act of 1965, as amended HEA, related to distance education and innovation, as well as the Student Assistance General Provisions regulations issued under the HEA Distance Education and Innovation Rule. This document corrects the text in the regulations.
DATES: This correction is effective on September 3, 2021.
FOR FURTHER INFORMATION CONTACT:
Gregory Martin at 202 4537535 or Gregory.Martin@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 1800877
8339.
SUPPLEMENTARY INFORMATION: The Departments Distance Education and Innovation Rule, published in the Federal Register on September 2, 2020
85 FR 54742, contained an error in the amendatory language that resulted in the deletion of 34 CFR 600.20f, g, and h. This correction restores those paragraphs.
Waiver of Proposed Rulemaking and Negotiated Rulemaking In accordance with the Administrative Procedure Act, 5 U.S.C.
553, the Department generally offers interested parties the opportunity to comment on proposed regulations.
However, the actions in this document merely correct a technical error, and thus, the Department has determined that publication of a proposed rule is unnecessary under 5 U.S.C. 553bB.
In addition, under section 492 of the HEA 20 U.S.C. 1098a, all regulations proposed by the Department for programs authorized under title IV of the HEA are subject to negotiated rulemaking requirements. Section 492b2 of the HEA provides that negotiated rulemaking may be waived for good cause when doing so would be impracticable, unnecessary, or contrary to the public interest. There is likewise good cause to waive the negotiated rulemaking requirement in this case, since, as explained above, notice and comment rulemaking is unnecessary.
Accessible Format: On request to the program contact person listed under FOR
FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format.
The Department will provide the requestor with an accessible format that may include Rich Text Format RTF or text format txt, a thumb drive, an MP3
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file, braille, large print, audiotape, or compact disc, or other accessible format.
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List of Subjects in 34 CFR Part 600
Colleges and universities, Grant programseducation, Loan programs education, Reporting and recordkeeping requirements, Student aid, Vocational education.
Michelle Asha Cooper, Acting Assistant Secretary for Postsecondary Education.
Accordingly, the Secretary corrects 34
CFR part 600 by making the following correcting amendment:
PART 600INSTITUTIONAL
ELIGIBILITY UNDER THE HIGHER
EDUCATION ACT OF 1965, AS
AMENDED
1. The authority citation for part 600
continues to read as follows:
Authority: 20 U.S.C. 1001, 1002, 1003, 1088, 1091, 1094, 1099b, and 1099c, unless otherwise noted.
2. Section 600.20 is amended by adding paragraphs f through h and a parenthetical OMB approval note to read as follows:
600.20 Notice and application procedures for establishing, reestablishing, maintaining, or expanding institutional eligibility and certification.
f Disbursement rules related to applications. 1i Except as provided under paragraph f1ii of this section and 34 CFR 668.26, if an institution submits an application under paragraph b2i of this section because its participation period is scheduled to expire, after that expiration date the institution may not disburse title IV, HEA program funds to students attending that institution until the
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institution receives the Secretarys notification that the institution is again eligible to participate in those programs.
ii An institution described in paragraph f1i of this section may disburse title IV, HEA program funds to its students if the institution submits to the Secretary a materially complete renewal application in accordance with the provisions of 34 CFR 668.13b2, and has not received a final decision from the Department on that application.
2i Except as provided under paragraph f2ii of this section and 34
CFR 668.26, if a private nonprofit, private for-profit, or public institution submits an application under paragraph b2ii or iii of this section because it has undergone or will undergo a change in ownership that results in a change of control or a change in status, the institution may not disburse title IV, HEA program funds to students attending that institution after the change of ownership or status until the institution receives the Secretarys notification that the institution is eligible to participate in those programs.
ii An institution described in paragraph f2i of this section may disburse title IV, HEA program funds to its students if the Secretary issues a provisional extension of certification under paragraph g of this section.
3 If an institution must apply to the Secretary under paragraphs c1
through 4 of this section, the institution may not disburse title IV, HEA program funds to students attending the subject location, program, or branch until the institution receives the Secretarys notification that the location, program, or branch is eligible to participate in the title IV, HEA
programs.
4 If an institution applies to the Secretary under paragraph c5 of this section to convert an eligible location to a branch campus, the institution may continue to disburse title IV, HEA
program funds to students attending that eligible location.
5 If an institution does not apply to the Secretary to obtain the Secretarys approval of a new location, program, increased level of program offering, or branch, and the location, program, or branch does not qualify as an eligible location, program, or branch of that institution under this part and 34 CFR
part 668, the institution is liable for all title IV, HEA program funds it disburses to students enrolled at that location or branch or in that program.
g Application for provisional extension of certification. 1 If a private nonprofit institution, a private for-profit institution, or a public institution
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