OIRA Conclusion of EO 12866 Regulatory Review


RIN: 1840-AD57         View EO 12866 Meetings Received Date: 02/17/2023 
Title: Gainful Employment (1840-AD57); Financial Responsibility (1840-AD64); Standards of Administrative Capability (1840-AD65); Certification Procedures (1840-AD80); Ability to Benefit (1840-AD51) 
Agency/Subagency: ED / OPE   Stage: Proposed Rule 
Concluded Action: Consistent with Change  Concluded Date: 05/01/2023 
Section 3(f)(1) Significant *: Yes 
Legal Deadline: None  Economically Significant **: No 
Publication Date:   Unfunded Mandates: Private Sector 
Major: Yes  Related To Homeland Security: No 
Regulatory Flexibility Analysis Required: Yes  Small Entities Affected: Businesses 
Federalism Implications: No  Affordable Care Act [Pub. L. 111-148 & 111-152]: No
International Impacts: No Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]: No
Pandemic Response: No  




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Following the issuance of E.O. 14094 on April 6, 2023, which amended Section 3(f)(1) of E.O. 12866, OIRA has designated regulatory actions as "Section 3(f)(1) Significant" if under that newly amended section of E.O. 12866 they are likely to result in a rule that may have an annual effect on the economy of $200 million or more (adjusted every 3 years by the Administrator of OIRA for changes in gross domestic product); or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, territorial, or tribal governments or communities. After April 6, 2023, OIRA no longer designated regulatory actions as "Economically Significant."

Between September 30, 1993, when E.O. 12866 was issued, and April 6, 2023, when E.O. 14094 was issued, OIRA designated regulatory actions as "Economically Significant" if under Section 3(f)(1) of E.O. 12866 they were likely to result in a rule that may have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities.