80 FR 63478 - Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings-Borrower Defenses
DEPARTMENT OF EDUCATION Federal Register Volume 80, Issue 202 (October 20, 2015)
Federal Register Volume 80, Issue 202 (October 20, 2015)
| Page Range | 63478-63480 | |
| FR Document | 2015-26626 |
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)] [Proposed Rules] [Pages 63478-63480] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26626] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION 34 CFR Chapter VI [Docket ID ED-2015-OPE-0103] Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings--Borrower Defenses AGENCY: Office of Postsecondary Education, Department of Education. ACTION: Intent to establish negotiated rulemaking committee. ----------------------------------------------------------------------- SUMMARY: We announce our intention to establish a negotiated rulemaking committee to prepare proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). The committee will include representatives of organizations or groups with interests that are significantly affected by the topics proposed for negotiations. We request nominations for individual negotiators who represent key stakeholder constituencies for the issues to be negotiated to serve on the committee, and we set a schedule for committee meetings. DATES: We must receive your nominations for negotiators to serve on the committee on or before November 19, 2015. The dates, times, and locations of the committee meetings are set out in the Schedule for Negotiations section in the SUPPLEMENTARY INFORMATION section. ADDRESSES: Please send your nominations for negotiators to Wendy Macias, U.S. Department of Education, 1990 K Street NW., Room 8013, Washington, DC 20006. Telephone: (202) 502-7526 or by email: [email protected]. FOR FURTHER INFORMATION CONTACT: For information about the content of this notice, including information about the negotiated rulemaking process or the nomination submission process, contact: Wendy Macias, U.S. Department of Education, 1990 K Street NW., Room 8013, Washington, DC 20006. Telephone: (202) 502-7526 or by email: [email protected]. For information about negotiated rulemaking in general, see The Negotiated Rulemaking Process for Title IV Regulations, Frequently Asked Questions at www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html. If you use a telecommunications device for the deaf (TDD) or text telephone (TTY), call the Federal Relay Service (FRS) toll free at 1- 800-877-8339. SUPPLEMENTARY INFORMATION: On August 20, 2015, we published a notice in the Federal Register (80 FR 50588) announcing our intent to establish a negotiated rulemaking committee under section 492 of the HEA to develop proposed regulations for determining which acts or omissions of an institution of higher education (``institution'') a borrower may assert as a defense to repayment of a loan made under the William D. Ford Federal Direct Loan (Federal Direct Loan) Program (``borrower defenses'') and the consequences of such borrower defenses for borrowers, institutions, and the [[Page 63479]] Secretary. We also announced two public hearings at which interested parties could comment on the topic suggested by the U.S. Department of Education (Department) and suggest additional topics for consideration for action by the negotiated rulemaking committee. Those hearings were held on September 10, 2015, in Washington, DC, and on September 16, 2015, in San Francisco, California. We invited parties to comment and submit topics for consideration in writing as well. Transcripts from the public hearings are available at www2.ed.gov/policy/highered/reg/hearulemaking/2016/index.html. Written comments submitted in response to the August 20, 2015 notice may be viewed through the Federal eRulemaking Portal at www.regulations.gov. Instructions for finding comments are available on the site under ``How to Use Regulations.gov'' in the Help section. Individuals can enter docket ID ED-2015-OPE-0103 in the search box to locate the appropriate docket. Regulatory Issues After considering the information received at the regional hearings and the written comments, we have decided to establish a negotiating committee to address for loans made under the William D. Ford Federal Direct Loan (Federal Direct Loan) Program: (1) The procedures to be used for a borrower to establish a defense to repayment; (2) the criteria that the Department will use to identify acts or omissions of an institution that constitute defenses to repayment of Federal Direct Loans, including the creation of a Federal standard; (3) the standards and procedures that the Department will use to determine the liability of the institution for amounts based on borrower defenses; (4) the effect of borrower defenses on institutional capability assessments, and (5) other loan discharges. In addition, the committee may also consider if and how these issues will affect the Federal Family Education Loan (FFEL) Program. These topics are tentative. Topics may be added or removed as the process continues. We intend to select negotiators for the committee who represent the interests significantly affected by the topics proposed for negotiations. In so doing, we will follow the requirement in section 492(b)(1) of the HEA that the individuals selected must have demonstrated expertise or experience in the relevant topics proposed for negotiations. We will also select individual negotiators who reflect the diversity among program participants, in accordance with section 492(b)(1) of the HEA. Our goal is to establish a committee that will allow significantly affected parties to be represented while keeping the committee size manageable. We generally select a primary and alternate negotiator for each constituency represented on the committee. The primary negotiator participates for the purpose of determining consensus. The alternate participates for the purpose of determining consensus in the absence of the primary. Either the primary or the alternate may speak during the negotiations. The committee may create subgroups on particular topics that may involve individuals who are not members of the committee. Individuals who are not selected as members of the committee will be able to observe the committee meetings, will have access to the individuals representing their constituencies, and may be able to participate in informal working groups on various issues between the meetings. Constituencies: We have identified the following constituencies as having interests that are significantly affected by the topics proposed for negotiations. The Department plans to seat as negotiators individuals from organizations or groups representing these constituencies:Students/borrowers. Legal assistance organizations that represent students/ borrowers. Consumer advocacy organizations. Groups representing U.S. military servicemember or veteran Federal loan borrowers. Financial aid administrators at postsecondary institutions. State attorneys general and other appropriate State officials. State higher education executive officers. Institutions of higher education eligible to receive Federal assistance under title III, parts A, B, and F, and title V of the HEA, which include Historically Black Colleges and Universities, Hispanic-Serving Institutions, American Indian Tribally Controlled Colleges and Universities, Alaska Native and Native Hawaiian-Serving Institutions, Predominantly Black Institutions, and other institutions with a substantial enrollment of needy students as defined in title III of the HEA. Two-year public institutions of higher education. Four-year public institutions of higher education. Private, nonprofit institutions of higher education. Private, for-profit institutions of higher education. FFEL Program lenders and loan servicers. FFEL Program guaranty agencies and guaranty agency servicers (including collection agencies). The goal of the committee is to develop proposed regulations that reflect a final consensus of the committee. Consensus means that there is no dissent by any member of the negotiating committee, including the committee member representing the Department. An individual selected as a negotiator will be expected to represent the interests of his or her organization or group and participate in the negotiations in a manner consistent with the goal of developing proposed regulations on which the committee will reach consensus. If consensus is reached, all members of the organization or group represented by a negotiator are bound by the consensus and are prohibited from commenting negatively on the resulting proposed regulations. The Department will not consider any such negative comments on the proposed regulations that are submitted by members of such an organization or group. Nominations: Nominations should include: The name of the nominee, the organization or group the nominee represents, and a description of the interests that the nominee represents. Evidence of the nominee's expertise or experience in the topics proposed for negotiations. Evidence of support from individuals or groups within the constituency that the nominee will represent. The nominee's commitment that he or she will actively participate in good faith in the development of the proposed regulations. The nominee's contact information, including address, phone number, and email address. For a better understanding of the negotiated rulemaking process, nominees should review The Negotiated Rulemaking Process for Title IV Regulations, Frequently Asked Questions at www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html prior to committing to serve as a negotiator. Nominees will be notified whether or not they have been selected as negotiators as soon as the Department's review process is completed. Schedule for Negotiations The committee will meet for three sessions on the following dates: [[Page 63480]] Session 1: January 12-14, 2016 Session 2: February 17-19, 2016 Session 3: March 16-18, 2016 Sessions will run from 9 a.m. to 5 p.m. The January and February committee meetings will be held at the U.S. Department of Education at: 1990 K Street NW., Eighth Floor Conference Center, Washington, DC 20006. The March committee meetings will be held at: Union Center Plaza (UCP) Learning Center, 830 First Street NE., Lobby Level, Washington, DC 20002. The meetings are open to the public. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting Wendy Macias, U.S. Department of Education, 1990 K Street NW., Room 8013, Washington, DC 20006. Telephone: (202) 502-7526 or by email: [email protected]. 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.thefederalregister.org/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 Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Delegation of Authority: The Secretary of Education has delegated authority to Jamienne S. Studley, Deputy Under Secretary, to perform the functions and duties of the Assistant Secretary for Postsecondary Education. Program Authority: 20 U.S.C. 1098a. Dated: October 15, 2015. Jamienne S. Studley, Deputy Under Secretary. [FR Doc. 2015-26626 Filed 10-19-15; 8:45 am] BILLING CODE 4000-01-P
![63478 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules
name and contact information to be percent Daily Value for added sugars on committee to prepare proposed
made publicly available, you can the label. The supplemental proposed regulations for the Federal Student Aid
provide this information on the cover rule also provided additional rationale programs authorized under title IV of
sheet and not in the body of your for the declaration of the amount of the Higher Education Act of 1965, as
comments and you must identify this added sugars on the label. We explained amended (HEA). The committee will
information as ‘‘confidential.’’ Any that we were taking these actions based, include representatives of organizations
information marked as ‘‘confidential’’ in part, on the science underlying a new or groups with interests that are
will not be disclosed except in report released by the 2015 Dietary significantly affected by the topics
accordance with 21 CFR 10.20 and other Guidelines Advisory Committee. proposed for negotiations. We request
applicable disclosure law. For more More recently, in the Federal Register nominations for individual negotiators
information about FDA’s posting of of September 10, 2015 (80 FR 54446), who represent key stakeholder
comments to public dockets, see 80 FR we issued a notice clarifying: (1) The constituencies for the issues to be
56469, September 18, 2015, or access consumer studies on the added sugars negotiated to serve on the committee,
the information at: http://www.fda.gov/ declaration and the alternative footnote and we set a schedule for committee
regulatoryinformation/dockets/ statements in the supplemental proposal meetings.
default.htm. relate to topics on which we sought DATES: We must receive your
Docket: For access to the docket to comment and (2) the consumer studies nominations for negotiators to serve on
read background documents or the on the format published in a separate the committee on or before November
electronic and written/paper comments notice in July 2015 were included for 19, 2015. The dates, times, and locations
received, go to http:// comment, and were placed in the docket of the committee meetings are set out in
www.regulations.gov and insert the at that time. We also stated that, in the Schedule for Negotiations section in
docket number, found in brackets in the response to requests for the raw data for the SUPPLEMENTARY INFORMATION section.
heading of this document, into the each of these consumer studies that are
‘‘Search’’ box and follow the prompts relevant to the summary memoranda for ADDRESSES: Please send your
and/or go to the Division of Dockets the studies, we were making the raw nominations for negotiators to Wendy
Management, 5630 Fishers Lane, Rm. data available for comment. We Macias, U.S. Department of Education,
1061, Rockville, MD 20852. extended the comment period for the 1990 K Street NW., Room 8013,
FOR FURTHER INFORMATION CONTACT: two consumer studies pertaining to the Washington, DC 20006. Telephone:
Philip L. Chao, Center for Food Safety proposed changes to the Nutrition Facts (202) 502–7526 or by email:
and Applied Nutrition (HFS–24), Food label formats (originally scheduled to Wendy.Macias@ed.gov.
and Drug Administration, 5100 Paint close on September 25, 2015) to October FOR FURTHER INFORMATION CONTACT: For
Branch Pkwy., College Park, MD 20740, 13, 2015, to coincide with the end of the information about the content of this
240–402–2112, email: Philip.Chao@ comment period for the supplemental notice, including information about the
fda.hhs.gov. proposed rule. negotiated rulemaking process or the
However, on October 13 and 14, 2015, nomination submission process,
SUPPLEMENTARY INFORMATION:
the Federal eRulemaking Portal, http:// contact: Wendy Macias, U.S.
I. Background www.regulations.gov, experienced Department of Education, 1990 K Street
In the Federal Register of March 3, technical difficulties which sometimes NW., Room 8013, Washington, DC
2014 (79 FR 11879), we published a prevented the electronic submission of 20006. Telephone: (202) 502–7526 or by
proposed rule that would amend our comments. Therefore, we are reopening email: Wendy.Macias@ed.gov.
labeling regulations for conventional the comment period for the consumer For information about negotiated
foods and dietary supplements to studies and the supplemental proposal; rulemaking in general, see The
provide updated nutrition information. the reopened comment period will close Negotiated Rulemaking Process for Title
In the Federal Register of July 27, 2015 on October 23, 2015. IV Regulations, Frequently Asked
(80 FR 44302), we reopened the Dated: October 15, 2015.
Questions at www2.ed.gov/policy/
comment period through September 25, highered/reg/hearulemaking/hea08/neg-
Leslie Kux,
2015, for the proposed rule for the sole reg-faq.html.
Associate Commissioner for Policy. If you use a telecommunications
purpose of inviting public comments on [FR Doc. 2015–26636 Filed 10–19–15; 8:45 am]
two consumer studies being added to device for the deaf (TDD) or text
the administrative record. The
BILLING CODE 4164–01–P telephone (TTY), call the Federal Relay
consumer studies pertained to proposed Service (FRS) toll free at 1–800–877–
changes to the Nutrition Facts label 8339.
DEPARTMENT OF EDUCATION
formats. We also issued a supplemental SUPPLEMENTARY INFORMATION: On August
proposed rule (80 FR 44303) with a 34 CFR Chapter VI 20, 2015, we published a notice in the
comment period through October 13, Federal Register (80 FR 50588)
2015. The supplemental proposal [Docket ID ED–2015–OPE–0103] announcing our intent to establish a
included two additional consumer negotiated rulemaking committee under
studies pertaining to the declaration of Negotiated Rulemaking Committee; section 492 of the HEA to develop
added sugars and alternative footnote Negotiator Nominations and Schedule proposed regulations for determining
statements. We proposed text for the of Committee Meetings—Borrower which acts or omissions of an
mstockstill on DSK4VPTVN1PROD with PROPOSALS
footnotes to be used on the Nutrition Defenses institution of higher education
Facts label, after completing our AGENCY: Office of Postsecondary (‘‘institution’’) a borrower may assert as
consumer research in which we tested Education, Department of Education. a defense to repayment of a loan made
various footnote text options for the ACTION: Intent to establish negotiated under the William D. Ford Federal
label. We also proposed to establish a rulemaking committee. Direct Loan (Federal Direct Loan)
Daily Reference Value of 10 percent of Program (‘‘borrower defenses’’) and the
total energy intake from added sugars SUMMARY: We announce our intention to consequences of such borrower defenses
and to require the declaration of the establish a negotiated rulemaking for borrowers, institutions, and the
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![63480 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules
Session 1: January 12–14, 2016 DEPARTMENT OF VETERANS viewed online through the Federal
Session 2: February 17–19, 2016 AFFAIRS Docket Management System (FDMS) at
www.Regulations.gov.
Session 3: March 16–18, 2016 38 CFR Part 17 FOR FURTHER INFORMATION CONTACT:
Sessions will run from 9 a.m. to 5 RIN 2900–AP37 Kristin J. Cunningham, Director,
p.m. Business Policy, Chief Business Office,
The January and February committee Removing Net Worth Requirement (10NB6), Department of Veterans
meetings will be held at the U.S. From Health Care Enrollment Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420; (202) 382–2508.
Department of Education at: 1990 K AGENCY: Department of Veterans Affairs. (This is not a toll-free number.)
Street NW., Eighth Floor Conference ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: This
Center, Washington, DC 20006.
rulemaking proposes to amend VA’s
The March committee meetings will SUMMARY: This rulemaking proposes to
regulations governing enrollment in the
be held at: Union Center Plaza (UCP) remove the regulatory provision
VA health care system by removing the
Learning Center, 830 First Street NE., regarding consideration by the
regulatory provision restating VA’s
Lobby Level, Washington, DC 20002. Department of Veterans Affairs (VA) of
discretionary authority to consider the
the net worth of a veteran’s assets as a
The meetings are open to the public. net worth of a veteran’s assets when
factor in determining the veteran’s
determining eligibility for lower-cost
Accessible Format: Individuals with eligibility for lower-cost VA health care.
health care.
disabilities can obtain this document in Prior to January 1, 2015, VA considered Pursuant to 38 U.S.C. 1705, VA has
an accessible format (e.g., braille, large both the net worth of a veteran’s assets established a health care enrollment
print, audiotape, or compact disc) by and the veteran’s annual income when system with implementing regulations
contacting Wendy Macias, U.S. determining a veteran’s eligibility. at 38 CFR 17.36. When veterans apply
Department of Education, 1990 K Street Because of that, certain veterans who for health care benefits, VA assigns a
NW., Room 8013, Washington, DC would have been eligible for VA health priority category that reflects the basis
20006. Telephone: (202) 502–7526 or by care based on their annual income alone for that veteran’s eligibility, such as
email: Wendy.Macias@ed.gov. were ineligible for care because the net whether the veteran has been rated as
value of their assets was too high, or having a service-connected disability or
Electronic Access to This Document: they were placed in a less favorable
The official version of this document is would be unable to defray the costs of
eligibility category. Reporting asset necessary expenses because of low
the document published in the Federal information imposed a significant
Register. Free Internet access to the income. The veteran is placed in the
paperwork burden on veterans, and VA highest priority category possible. These
official edition of the Federal Register dedicated significant administrative
and the Code of Federal Regulations is categories are described in § 17.36(b).
resources to verifying reported Priority categories are used by VA to
available via the Federal Digital System information. VA changed its policy to determine which veterans are eligible to
at: www.gpo.gov/fdsys. At this site you improve access to health care to lower- enroll in the VA health care system,
can view this document, as well as all income veterans and remove the which VA does on an annual basis, in
other documents of this Department reporting burden from veterans by accordance with § 17.36(c). The priority
published in the Federal Register, in discontinuing collection of asset category is also used to determine the
text or Adobe Portable Document information. This rulemaking would amount of copayments veterans must
Format (PDF). To use PDF you must amend the regulation to remove the pay to receive VA medical benefits.
have Adobe Acrobat Reader, which is reference to VA’s discretionary statutory Veterans who are not eligible for
available free at the site. You may also authority to consider net worth. enrollment in priority categories 1
access documents of the Department DATES: Comment Date: Comments must through 4 but who are unable to defray
published in the Federal Register by be received on or before December 21, the expenses of necessary care under 38
using the article search feature at: 2015. U.S.C. 1722(a) are placed in priority
www.federalregister.gov. Specifically, ADDRESSES: Written comments may be category 5. 38 CFR 17.36(b)(5). This
through the advanced search feature at submitted through rulemaking would affect a regulatory
this site, you can limit your search to www.Regulations.gov; by mail or hand- provision related to that category.
documents published by the delivery to Director, Regulation Policy Veterans are considered to be unable to
Department. and Management (02REG), Department defray the costs of necessary care if they
Delegation of Authority: The Secretary of Veterans Affairs, 810 Vermont have a low annual income, qualify for
Avenue NW., Room 1068, Washington, VA pension benefits, or meet other
of Education has delegated authority to
DC 20420; or by fax to (202) 273–9026. criteria under 38 U.S.C. 1722(a) and 38
Jamienne S. Studley, Deputy Under
Comments should indicate that they are CFR 17.47(d). VA has the authority to
Secretary, to perform the functions and
submitted in response to ‘‘RIN 2900– use net worth asset values to determine
duties of the Assistant Secretary for AP37—Removing Net Worth whether a veteran is unable to defray
Postsecondary Education. Requirement from Health Care the cost of care at 38 U.S.C. 1722(d)(1),
Program Authority: 20 U.S.C. 1098a. Enrollment.’’ Copies of comments but this authority is not mandatory; i.e.,
received will be available for public VA is not required to consider the value
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Dated: October 15, 2015.
inspection in the Office of Regulation of the estate of a veteran for this
Jamienne S. Studley,
Policy and Management, Room 1068, purpose. 38 U.S.C. 1722(d)(1)
Deputy Under Secretary. between the hours of 8:00 a.m. and 4:30 (‘‘Notwithstanding the attributable
[FR Doc. 2015–26626 Filed 10–19–15; 8:45 am] p.m., Monday through Friday (except income of a veteran,’’ VA may
BILLING CODE 4000–01–P holidays). Please call (202) 461–4902 for determine that such veteran is not
an appointment. (This is not a toll-free eligible ‘‘if the corpus of the estate of the
number.) In addition, during the veteran is such that under all the
comment period, comments may be circumstances it is reasonable that some
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Document Created: 2015-12-14 15:25:56
Document Modified: 2015-12-14 15:25:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Intent to establish negotiated rulemaking committee. | |
| Dates | We must receive your nominations for negotiators to serve on the committee on or before November 19, 2015. The dates, times, and locations of the committee meetings are set out in the Schedule for Negotiations section in the SUPPLEMENTARY INFORMATION section. | |
| Contact | For information about the content of this notice, including information about the negotiated rulemaking process or the nomination submission process, contact: Wendy Macias, U.S. Department of Education, 1990 K Street NW., Room 8013, Washington, DC 20006. Telephone: (202) 502-7526 or by email: [email protected] | |
| FR Citation | 80 FR 63478 |
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