80 FR 79276 - Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings-Borrower Defenses

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 244 (December 21, 2015)

Page Range		79276-79277
FR Document		2015-32007

On October 20, 2015, we announced 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), and solicited nominations for individual negotiators for the committee. We are requesting additional nominations for individual negotiators who represent specific stakeholder constituencies for the issues to be negotiated to serve on the committee.

Federal Register, Volume 80 Issue 244 (Monday, December 21, 2015)

[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Proposed Rules]
[Pages 79276-79277]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32007]


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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.

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SUMMARY: On October 20, 2015, we announced 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), and solicited nominations for 
individual negotiators for the committee. We are requesting additional 
nominations for individual negotiators who represent specific 
stakeholder constituencies for the issues to be negotiated to serve on 
the committee.

DATES: We must receive your nominations for negotiators to serve on the 
committee on or before December 28, 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 Barbara 
Hoblitzell, U.S. Department of Education, 1990 K Street NW., Room 8019, 
Washington, DC 20006. Telephone: (202) 502-7649 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: Barbara 
Hoblitzell, U.S. Department of Education, 1990 K Street NW., Room 8019, 
Washington, DC 20006. Telephone: (202) 502-7649 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 October 20, 2015, we published a notice 
in the Federal Register (80 FR 63478) announcing our intention to 
establish a negotiated rulemaking committee to address for loans made 
under the William D. Ford Federal Direct Loan (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 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. We noted that, 
in addition, the committee may also consider if and how these issues 
will affect the Federal Family Education Loan (FFEL) Program.
    In that notice, we set a schedule for the committee meetings and 
requested nominations for individual negotiators who represent 
stakeholder constituencies for the issues to be negotiated to serve on 
the committee. We are requesting additional nominations for individual 
negotiators who represent the following stakeholder constituencies for 
the issues to be negotiated to serve on the committee:
     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.
     Private, for-profit institutions of higher education.
     National, regional, or specialized accrediting agencies.
    We intend to select negotiators for the committee who represent the 
interests significantly affected by the topics proposed for 
negotiations. In so doing,

[[Page 79277]]

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.
    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:

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: December 16, 2015.
Jamienne S. Studley,
Deputy Under Secretary.
[FR Doc. 2015-32007 Filed 12-18-15; 8:45 am]
 BILLING CODE 4000-01-P

79276 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Proposed Rules

(e) Compliance Issued in Fort Worth, Texas, on December If you use a telecommunications
You are responsible for performing each 11, 2015. device for the deaf (TDD) or text
action required by this AD within the Lance T. Gant, telephone (TTY), call the Federal Relay
specified compliance time unless it has Manager, Rotorcraft Directorate, Aircraft Service (FRS), toll free, at 1–800–877–
already been accomplished prior to that time. Certification Service. 8339.
(f) Required Actions [FR Doc. 2015–31847 Filed 12–18–15; 8:45 am]
SUPPLEMENTARY INFORMATION: On
(1) Within 110 hours time-in-service (TIS) BILLING CODE 4910–13–P
October 20, 2015, we published a notice
after reaching the hours or landings in the Federal Register (80 FR 63478)
threshold, whichever occurs first, listed in announcing our intention to establish a
Table 1 to Paragraph (f)(1) of this AD or DEPARTMENT OF EDUCATION
within 110 hours TIS from the effective date
negotiated rulemaking committee to
of this AD, whichever occurs later, and address for loans made under the
34 CFR Chapter VI
thereafter at intervals not to exceed 110 hours William D. Ford Federal Direct Loan
TIS, using a 10X or higher magnifying glass [Docket ID ED–2015–OPE–0103] (Direct Loan) Program: (1) The
and a light, inspect the 9-degree fuselage procedures to be used for a borrower to
frame on the right-hand (RH) and left-hand Negotiated Rulemaking Committee; establish a defense to repayment; (2) the
(LH) sides for a crack in the areas depicted Negotiator Nominations and Schedule criteria that the Department will use to
in Figures 1 and 2 of Airbus Helicopters of Committee Meetings—Borrower identify acts or omissions of an
Emergency Alert Service Bulletin (EASB) No. Defenses
AS365 05.00.57, Revision 2, dated April 7, institution that constitute defenses to
2014, or EASB No. SA366 05.39, Revision 2, AGENCY: Office of Postsecondary repayment of Direct Loans, including
dated April 7, 2014, as applicable to your Education, Department of Education. the creation of a Federal standard; (3)
model helicopter. For purposes of this AD, a ACTION: Intent to establish negotiated the standards and procedures that the
landing would be counted anytime the Department will use to determine the
rulemaking committee.
helicopter lifts off into the air and then lands liability of the institution for amounts
again regardless of the duration of the SUMMARY: On October 20, 2015, we based on borrower defenses; (4) the
landing and regardless of whether the engine
announced our intention to establish a effect of borrower defenses on
is shut down.
negotiated rulemaking committee to institutional capability assessments; and
prepare proposed regulations for the (5) other loan discharges. We noted that,
TABLE 1 TO PARAGRAPH (f)(1)
Federal Student Aid programs in addition, the committee may also
Helicopter model Hours TIS Landings authorized under title IV of the Higher consider if and how these issues will
Education Act of 1965, as amended affect the Federal Family Education
SA–365N .......... 11,490 22,980 (HEA), and solicited nominations for Loan (FFEL) Program.
SA–365N1 ........ 10,490 20,980 individual negotiators for the In that notice, we set a schedule for
AS–365N2 ........ 9,140 18,280 committee. We are requesting additional the committee meetings and requested
AS 365 N3 ........ 8,740 17,480 nominations for individual negotiators nominations for individual negotiators
SA–366G1 ........ 8,390 16,780 who represent specific stakeholder who represent stakeholder
constituencies for the issues to be constituencies for the issues to be
(2) If there is a crack, before further flight,
repair the frame. Repairing a frame does not negotiated to serve on the committee. negotiated to serve on the committee.
constitute terminating actions for the DATES: We must receive your We are requesting additional
repetitive inspection requirements of this nominations for negotiators to serve on nominations for individual negotiators
AD. the committee on or before December who represent the following stakeholder
(g) Alternative Methods of Compliance 28, 2015. The dates, times, and locations constituencies for the issues to be
(AMOCs) of the committee meetings are set out in negotiated to serve on the committee:
(1) The Manager, Safety Management
the Schedule for Negotiations section in • State higher education executive
Group, FAA, may approve AMOCs for this the SUPPLEMENTARY INFORMATION section. officers.
AD. Send your proposal to: Robert Grant, ADDRESSES: Please send your • Institutions of higher education
Aviation Safety Engineer, Safety Management nominations for negotiators to Barbara eligible to receive Federal assistance
Group, FAA, 10101 Hillwood Pkwy., Fort Hoblitzell, U.S. Department of under title III, parts A, B, and F, and
Worth, Texas 76177; telephone (817) 222– Education, 1990 K Street NW., Room title V of the HEA, which include
5110; email 9-ASW-FTW-AMOC-Requests@ 8019, Washington, DC 20006. Historically Black Colleges and
faa.gov.
(2) For operations conducted under a 14 Telephone: (202) 502–7649 or by email: Universities, Hispanic-Serving
CFR part 119 operating certificate or under Barbara.Hoblitzell@ed.gov. Institutions, American Indian Tribally
14 CFR part 91, subpart K, we suggest that FOR FURTHER INFORMATION CONTACT: For Controlled Colleges and Universities,
you notify your principal inspector, or information about the content of this Alaska Native and Native Hawaiian-
lacking a principal inspector, the manager of notice, including information about the Serving Institutions, Predominantly
the local flight standards district office or negotiated rulemaking process or the Black Institutions, and other institutions
certificate holding district office before nomination submission process, with a substantial enrollment of needy
operating any aircraft complying with this
contact: Barbara Hoblitzell, U.S. students as defined in title III of the
AD through an AMOC.
Department of Education, 1990 K Street HEA.
(h) Additional Information NW., Room 8019, Washington, DC • Two-year public institutions of
The subject of this AD is addressed in 20006. Telephone: (202) 502–7649 or by higher education.
• Private, for-profit institutions of
Lhorne on DSK5TPTVN1PROD with PROPOSALS

European Aviation Safety Agency (EASA) AD email: Barbara.Hoblitzell@ed.gov.
No. 2014–0159, dated July 7, 2014. You may For information about negotiated higher education.
view the EASA AD on the Internet at rulemaking in general, see The • National, regional, or specialized
http://www.regulations.gov in Docket No. Negotiated Rulemaking Process for Title accrediting agencies.
FAA–2015–3741.
IV Regulations, Frequently Asked We intend to select negotiators for the
(i) Subject Questions at www2.ed.gov/policy/ committee who represent the interests
Joint Aircraft Service Component (JASC) highered/reg/hearulemaking/hea08/neg- significantly affected by the topics
Code: 5311, Fuselage Main, Frame. reg-faq.html. proposed for negotiations. In so doing,

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Document Created: 2015-12-19 02:57:17
Document Modified: 2015-12-19 02:57:17

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 December 28, 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: Barbara Hoblitzell, U.S. Department of Education, 1990 K Street NW., Room 8019, Washington, DC 20006. Telephone: (202) 502-7649 or by email: Barbara.Hoblitzel[email protected]
FR Citation		80 FR 79276