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ED/EDOGC RIN: 1801-AA22 Publication ID: Spring 2020 
Title: ●Procedural Rule Governing Rulemaking and Guidance  

The Secretary of Education will propose regulations to govern the procedures that the Department of Education uses when issuing regulations and guidance documents, including significant guidance documents. These proposed regulations will be issued to ensure that the Department of Education adheres to (i) all statutory requirements applicable to Department rulemakings, including the rulemaking provisions of the Administrative Procedure Act, referenced below; and (ii) Executive Order 12866, Executive Order 13771, and Executive Order 13777. These proposed regulations will also be issued under the authority of Executive Order 13891, whose central principal is that guidance documents only clarify existing obligations, and not become a vehicle for implementing new, binding requirements on the public. These regulations will be proposed to help serve that purpose.

Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 34 CFR 9   
Legal Authority: 20 U.S.C. 1221e–3    20 U.S.C. 3474 and E.O. 13891   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  08/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Hilary Malawer
Department of Education
Office of the General Counsel
Room 6E231, 400 Maryland Avenue SW,
Washington, DC 20202
Phone:202 401-6148