82 FR 41194 - Negotiated Rulemaking Committees; Negotiator Nominations and Schedule of Committee Meetings-Borrower Defenses, Financial Responsibility, and Gainful Employment
DEPARTMENT OF EDUCATION Federal Register Volume 82, Issue 167 (August 30, 2017)
Federal Register Volume 82, Issue 167 (August 30, 2017)
| Page Range | 41194-41197 | |
| FR Document | 2017-18510 |
[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)] [Proposed Rules] [Pages 41194-41197] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18510] [[Page 41194]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION 34 CFR Chapter VI [Docket ID ED-2017-OPE-0076] RIN 1840-AD26 Negotiated Rulemaking Committees; Negotiator Nominations and Schedule of Committee Meetings--Borrower Defenses, Financial Responsibility, and Gainful Employment AGENCY: Office of Postsecondary Education, Department of Education. ACTION: Intent to establish negotiated rulemaking committees. ----------------------------------------------------------------------- SUMMARY: We announce our intention to establish two negotiated rulemaking committees 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 committees will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We request nominations for individual negotiators who represent key stakeholder constituencies for the issues to be negotiated to serve on the committees, and we set a schedule for committee meetings. We also announce the creation of a subcommittee, and request nominations for individuals with pertinent expertise to participate on the subcommittee. DATES: We must receive your nominations for negotiators to serve on the committees on or before September 29, 2017. The dates, times, and locations of the committee meetings are set out in the Schedule for Negotiations and Subcommittee Meetings section in the SUPPLEMENTARY INFORMATION section. ADDRESSES: Please send your nominations for negotiators to Wendy Macias, U.S. Department of Education, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. Telephone: (202) 203-9155 or by email: [email protected]. FOR FURTHER INFORMATION CONTACT: For information about the content of this document, including information about the negotiated rulemaking process or the nomination submission process, contact: Wendy Macias, U.S. Department of Education, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. Telephone: (202) 203-9155 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 or contact: Wendy Macias, U.S. Department of Education, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. Telephone: (202) 203-9155 or by email: [email protected]. 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 June 16, 2017, we published a document in the Federal Register (82 FR 27640) announcing our intent to establish two negotiated rulemaking committees under section 492 of the HEA to develop proposed regulations to (1) revise the gainful employment regulations published by the Department on October 31, 2014 (79 FR 64889), and (2) revise the regulations on borrower defenses to repayment of Federal student loans and other matters, and on the authority of guaranty agencies in the Federal Family Education Loan (FFEL) Program to charge collection costs under 34 CFR 682.410(b)(6) to a defaulted borrower who enters into a repayment agreement with the guaranty agency. We also announced two public hearings at which interested parties could comment on the topics suggested by the U.S. Department of Education (Department) and suggest additional topics for consideration for action by the negotiated rulemaking committees. Those hearings were held on July 10, 2017, in Washington, DC, and on July 12, 2017, in Dallas, Texas. 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/2017/index.html. Written comments submitted in response to the June 16, 2017, document 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-2017-OPE-0076 in the search box to locate the appropriate docket. Regulatory Issues After considering the information received at the public hearings and the written comments, we have decided to establish the following two negotiating committees: Committee 1--Borrower Defenses and Financial Responsibility Issues Committee 2--Gainful Employment Issues We list the specific topics the committees are likely to address under Committee Topics, below. We intend to select negotiators for the committees 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 committees 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 a 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. A committee may create subgroups on particular topics that may involve individuals who are not members of the committee. In addition, 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. Committee Topics The topics the committees are likely to address are: Committee 1--Borrower Defenses and Financial Responsibility Issues 1. Revisions to the regulations on borrower defenses to repayment of Federal student loans and other matters:Borrower Defense (34 CFR 685.206); Misrepresentation (34 CFR 668 subpart F); Program Participation Agreement (34 CFR 668.14(b)); Closed School Discharge (34 CFR 682.402, 34 CFR 685.214); False Certification (34 CFR 685.215); Financial Responsibility and Administrative Capability (34 CFR 668 subpart L, 34 CFR 668.16); and Arbitration and class action lawsuits. 2. Revisions to regulations that will address whether and to what extent guaranty agencies may charge collection [[Page 41195]] costs under 34 CFR 682.410(b)(6) to a defaulted borrower who enters into a loan rehabilitation or other repayment agreement within 60 days of being informed that the guaranty agency has paid a claim on the loan. As part of the negotiated rulemaking process, we are forming a Financial Responsibility Subcommittee for Committee 1 to have preliminary discussions of whether or how the Financial Accounting Standards Board's (FASB) recent changes to the accounting standards for financial reporting (see FASB Accounting Standards Update (ASU) 2016-14 ``Presentation of Financial Statement of Not-for-Profit Entities'' at http://fasb.org/jsp/FASB/Document_C/DocumentPage?cid=1176168381847&acceptedDisclaimer=true) necessitate modifications to the Department's financial responsibility regulations with respect to the calculation of the Primary Reserve Ratio, the Equity Ratio, and the Net Income Ratio that are used to calculate an institution's composite score, as well as whether clarifications of terms used in the Primary Reserve, Equity, and Net Income ratio calculations in appendix B to 34 CFR part 668, subpart L, are needed as a result of changes in the financial accounting standards, including: For the Primary Reserve Ratio: (1) Changes to the definition of ``expendable net assets'' in the numerator to conform to new terminology; (2) changes to the definition of ``total expenses'' in the denominator to conform to new terminology; and (3) clarification of the treatment of endowment losses, terms of endowments, retirement liabilities, long-term debt, and construction-in-progress. For the Equity Ratio, changes to the definition of ``modified net assets'' in the numerator to conform to new terminology. For the Net Income Ratio: (1) Changes to the definition of ``change in unrestricted net assets'' in the numerator to conform to new terminology; (2) the addition of losses from underwater endowments to the numerator to reflect changes in treatment; (3) changes to the definition of ``total unrestricted revenue'' in the denominator to conform to new terminology; (4) clarification of the treatment of other investment and pension trust fund losses; and (5) changes to the treatment of leases. Subcommittees are formed to address specified issues and to make recommendations to the committee. Subcommittees are not authorized to make decisions for the committee. The Financial Responsibility Subcommittee may be comprised of some Committee 1 members (negotiators) as well as individuals who are not committee members, but who have expertise that will be helpful in developing proposed regulations. Therefore, in addition to asking for nominations for individual negotiators who represent key stakeholder constituencies for the issues to be negotiated to serve on this committee (see Constituencies for Negotiator Nominations), we are asking for nominations for individuals with specific types of expertise to serve on the Financial Responsibility Subcommittee (see Areas of Expertise for Financial Responsibility Subcommittee). The topics for the subcommittee are primarily focused on issues affecting non-profits, but may touch issues that affect other sectors, so we welcome nominees with expertise across institution types. The subcommittee meetings will be held between committee meetings (see Schedule for Negotiations and Subcommittee Meetings). Before the conclusion of the negotiations, the Financial Responsibility Subcommittee will present any recommendations for changes to Committee 1 for its consideration. Committee 2--Gainful Employment Issues Revisions to the gainful employment regulations in 34 CFR part 668, subpart Q, including, but not limited to, the debt-to-earnings rates measure, sanctions, and reporting and disclosure of information, as well as related reporting and disclosure regulations in 34 CFR 668.41. Topics for both committees may be added or removed as the process continues. Constituencies for Negotiator Nominations 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. Committee 1--Borrower Defenses and Financial Responsibility Issues Students and former students. Consumer advocacy organizations. Legal assistance organizations that represent students and former students. Groups representing U.S. military service member or veteran Federal student loan borrowers. Financial aid administrators at postsecondary institutions. General counsels/attorneys and compliance officers at postsecondary institutions to address issues related to establishing a process for reviewing borrower defense claims and determining institutional liabilities associated with such claims, as well as administrative repayment liabilities for this topic through program reviews and audit determinations under the Department's regulations. Chief financial officers and experienced business officers at postsecondary institutions to address issues such as institutional financing and liability, as opposed to student billing. 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 with an enrollment of 450 students or less. Private, for-profit institutions of higher education with an enrollment of 451 students or more. FFEL Program lenders and loan servicers. FFEL Program guaranty agencies and guaranty agency servicers (including collection agencies). Accrediting agencies. Committee 2--Gainful Employment Issues Students and former students. Consumer advocacy organizations. Legal assistance organizations that represent students and former students. Groups representing U.S. military service member or veteran Federal student loan borrowers. Financial aid administrators at postsecondary institutions. General counsels/attorneys and compliance officers at postsecondary institutions. [[Page 41196]] Chief financial officers and experienced business officers at postsecondary institutions. State attorneys general and other appropriate State officials. State higher education executive officers. Business and industry (for example, labor economists or data experts). 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 with an enrollment of 450 students or less. Private, for-profit institutions of higher education with an enrollment of 451 students or more. Accrediting agencies. The goal of each 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 a negotiating committee, including the committee member representing the Department. An individual selected as a negotiator is 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. Areas of Expertise for Subcommittee on Financial Responsibility The Department plans to select individuals from organizations or groups with expertise in both financial accounting standards and the Department's financial responsibility standards for institutions for participation on the Financial Responsibility Subcommittee, which is part of Committee 1. Nominations must include evidence of the nominee's specific knowledge in these areas. Such individuals from organizations or groups may include, but are not limited to, representatives of: Private, nonprofit institutions of higher education, with knowledge of the accounting standards and title IV financial responsibility requirements for the private, nonprofit sector. Private, for-profit institutions of higher education, with knowledge of the accounting standards and title IV financial responsibility requirements for the for-profit sector. Accrediting agencies. Chief financial officers (to include experienced business officers and bursars) at postsecondary institutions. Associations or organizations that provide accounting guidance to auditors and institutions. Certified public accountants or firms who conduct financial statement audits of title IV participating institutions. The Financial Accounting Standards Board (FASB), with expertise in the applicable financial accounting and reporting standards set by FASB. Nominations Nominations should include: The committee (Borrower Defenses and Financial Responsibility or Gainful Employment) or subcommittee (Financial Responsibility) for which the nominee is nominated. 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 or area of expertise 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, prior to committing to participate, 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. Nominees will be notified whether or not they have been selected as soon as the Department's review process is completed. Schedule for Negotiations and Subcommittee Meetings Committee 1--Borrower Defenses and Financial Responsibility Issues committee will meet for three sessions on the following dates: Session 1: November 13-15, 2017 Session 2: January 8-11, 2018 Session 3: February 12-15, 2018 Sessions will run from 9 a.m. to 5 p.m. The November committee meetings will be held at the Holiday Inn Washington Capitol at: 550 C Street SW., Congressional II Room, Washington, DC 20024. The January committee meetings will be held at the U.S. Department of Education at: Union Center Plaza (UCP) Center, 830 First Street NE., Lobby Level, Washington, DC 20002. The February committee meetings will be held at the U.S. Department of Education at: Barnard Auditorium, 400 Maryland Ave. SW., Washington, DC 20202. The committee meetings are open to the public. The Financial Responsibility Subcommittee will meet on the following dates: Meeting 1: November 16-17, 2017 Meeting 2: January 4-5, 2018 Meeting 3: January 29-30, 2018 Meetings will run from 9 a.m. to 5 p.m. The subcommittee meetings will be held at the U.S. Department of Education: Training and Development Center, First floor, 400 Maryland Ave. SW., Washington, DC 20202. The November 16-17, 2016, meeting will be held in room 1W103. The January 4-5, 2017, meeting will be held in room 1W128. The January 29- 30, 2017, meeting will be held in Room 1W103. Arrangements will be made to allow members to attend remotely. The subcommittee meetings are not open to the public. Committee 2--Gainful Employment Issues committee will meet for three sessions on the following dates: Session 1: December 4-7, 2017 Session 2: February 5-8, 2018 Session 3: March 12-15, 2018 Sessions will run from 9 a.m. to 5 p.m. The December committee meetings will be held at the U.S. Department of Education at: Union Center Plaza (UCP) Learning Center, 830 First Street NE., Lobby Level, Washington, DC 20002. [[Page 41197]] The February committee meetings will be held at the U.S. Department of Education: Barnard Auditorium, 400 Maryland Ave. SW., Washington, DC 20202. The March committee meetings will be held at the U.S. Department of Education at: Potomac Center Plaza Auditorium, 550 12th Street SW., Washington, DC 20202. The committee 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, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. Telephone: (202) 203-9155 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 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. Program Authority: 20 U.S.C. 1098a. Kathleen A. Smith, Acting Assistant Secretary for Postsecondary Education. [FR Doc. 2017-18510 Filed 8-29-17; 8:45 am] BILLING CODE 4000-01-P
![41194 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Proposed Rules
DEPARTMENT OF EDUCATION highered/reg/hearulemaking/hea08/neg- We list the specific topics the
reg-faq.html or contact: Wendy Macias, committees are likely to address under
34 CFR Chapter VI U.S. Department of Education, 400 Committee Topics, below.
[Docket ID ED–2017–OPE–0076] Maryland Ave. SW., Room 6C111, We intend to select negotiators for the
Washington, DC 20202. Telephone: committees who represent the interests
RIN 1840–AD26 (202) 203–9155 or by email: significantly affected by the topics
Wendy.Macias@ed.gov. proposed for negotiations. In so doing,
Negotiated Rulemaking Committees; If you use a telecommunications we will follow the requirement in
Negotiator Nominations and Schedule device for the deaf (TDD) or text section 492(b)(1) of the HEA that the
of Committee Meetings—Borrower telephone (TTY), call the Federal Relay individuals selected must have
Defenses, Financial Responsibility, Service (FRS), toll free, at 1–800–877– demonstrated expertise or experience in
and Gainful Employment 8339. the relevant topics proposed for
AGENCY: Office of Postsecondary SUPPLEMENTARY INFORMATION: On June negotiations. We will also select
Education, Department of Education. 16, 2017, we published a document in individual negotiators who reflect the
ACTION: Intent to establish negotiated the Federal Register (82 FR 27640) diversity among program participants,
rulemaking committees. announcing our intent to establish two in accordance with section 492(b)(1) of
negotiated rulemaking committees the HEA. Our goal is to establish
SUMMARY: We announce our intention to under section 492 of the HEA to develop committees that will allow significantly
establish two negotiated rulemaking proposed regulations to (1) revise the affected parties to be represented while
committees to prepare proposed gainful employment regulations keeping the committee size manageable.
regulations for the Federal Student Aid published by the Department on We generally select a primary and
programs authorized under title IV of October 31, 2014 (79 FR 64889), and (2) alternate negotiator for each
the Higher Education Act of 1965, as revise the regulations on borrower constituency represented on a
amended (HEA). The committees will defenses to repayment of Federal committee. The primary negotiator
include representatives of organizations student loans and other matters, and on participates for the purpose of
or groups with interests that are the authority of guaranty agencies in the determining consensus. The alternate
significantly affected by the subject Federal Family Education Loan (FFEL) participates for the purpose of
matter of the proposed regulations. We Program to charge collection costs under determining consensus in the absence of
request nominations for individual 34 CFR 682.410(b)(6) to a defaulted the primary. Either the primary or the
negotiators who represent key borrower who enters into a repayment alternate may speak during the
stakeholder constituencies for the issues agreement with the guaranty agency. We negotiations.
to be negotiated to serve on the also announced two public hearings at A committee may create subgroups on
committees, and we set a schedule for which interested parties could comment particular topics that may involve
committee meetings. We also announce on the topics suggested by the U.S. individuals who are not members of the
the creation of a subcommittee, and Department of Education (Department) committee. In addition, individuals who
request nominations for individuals and suggest additional topics for are not selected as members of the
with pertinent expertise to participate consideration for action by the committee will be able to observe the
on the subcommittee. negotiated rulemaking committees. committee meetings, will have access to
DATES: We must receive your Those hearings were held on July 10, the individuals representing their
nominations for negotiators to serve on 2017, in Washington, DC, and on July constituencies, and may be able to
the committees on or before September 12, 2017, in Dallas, Texas. We invited participate in informal working groups
29, 2017. The dates, times, and locations parties to comment and submit topics on various issues between the meetings.
of the committee meetings are set out in for consideration in writing as well. Committee Topics
the Schedule for Negotiations and Transcripts from the public hearings are
Subcommittee Meetings section in the The topics the committees are likely
available at www2.ed.gov/policy/ to address are:
SUPPLEMENTARY INFORMATION section. highered/reg/hearulemaking/2017/
ADDRESSES: Please send your index.html. Written comments Committee 1—Borrower Defenses and
nominations for negotiators to Wendy submitted in response to the June 16, Financial Responsibility Issues
Macias, U.S. Department of Education, 2017, document may be viewed through 1. Revisions to the regulations on
400 Maryland Ave. SW., Room 6C111, the Federal eRulemaking Portal at borrower defenses to repayment of
Washington, DC 20202. Telephone: www.regulations.gov. Instructions for Federal student loans and other matters:
(202) 203–9155 or by email: finding comments are available on the • Borrower Defense (34 CFR 685.206);
negregnominations@ed.gov. site under ‘‘How to Use • Misrepresentation (34 CFR 668
FOR FURTHER INFORMATION CONTACT: For Regulations.gov’’ in the Help section. subpart F);
information about the content of this Individuals can enter docket ID ED– • Program Participation Agreement
document, including information about 2017–OPE–0076 in the search box to (34 CFR 668.14(b));
the negotiated rulemaking process or the locate the appropriate docket. • Closed School Discharge (34 CFR
nomination submission process, 682.402, 34 CFR 685.214);
Regulatory Issues
contact: Wendy Macias, U.S. • False Certification (34 CFR
Department of Education, 400 Maryland After considering the information 685.215);
mstockstill on DSK30JT082PROD with PROPOSALS
Ave. SW., Room 6C111, Washington, DC received at the public hearings and the • Financial Responsibility and
20202. Telephone: (202) 203–9155 or by written comments, we have decided to Administrative Capability (34 CFR 668
email: Wendy.Macias@ed.gov. establish the following two negotiating subpart L, 34 CFR 668.16); and
For information about negotiated committees: • Arbitration and class action
rulemaking in general, see The Committee 1—Borrower Defenses and lawsuits.
Negotiated Rulemaking Process for Title Financial Responsibility Issues 2. Revisions to regulations that will
IV Regulations, Frequently Asked Committee 2—Gainful Employment address whether and to what extent
Questions at www2.ed.gov/policy/ Issues guaranty agencies may charge collection
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![Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Proposed Rules 41197
The February committee meetings SUMMARY: The Environmental Protection IV. Section 110(a)(2)(D)(i)(I)—Interstate
will be held at the U.S. Department of Agency (EPA) is proposing to approve Transport
Education: Barnard Auditorium, 400 an October 15, 2015 State A. General Requirements and Historical
Approaches for Criteria Pollutants
Maryland Ave. SW., Washington, DC Implementation Plan (SIP) revision
B. Approach for Addressing the Interstate
20202. submitted by the State of Rhode Island. Transport Requirements of the 2010
The March committee meetings will This revision addresses the interstate Primary SO2 NAAQS in Rhode Island
be held at the U.S. Department of transport requirements of the Clean Air C. Approach for Addressing the Interstate
Education at: Potomac Center Plaza Act (CAA), referred to as the good Transport Requirements of the 2010
Auditorium, 550 12th Street SW., neighbor provision, with respect to the Primary NO2 NAAQS in Rhode Island
Washington, DC 20202. 2010 primary sulfur dioxide (SO2) and V. Interstate Transport Demonstration for SO2
The committee meetings are open to 2010 primary nitrogen dioxide (NO2) Emissions
the public. national ambient air quality standards A. Prong 1 Analysis—Significant
Accessible Format: Individuals with (NAAQS). This action proposes to Contribution to SO2 Nonattainment
disabilities can obtain this document in 1. SO2 Emissions Trends
approve Rhode Island’s demonstration 2. SO2 Ambient Air Quality
an accessible format (e.g., braille, large that the state is meeting its obligations 3. Federally Enforceable Regulations
print, audiotape, or compact disc) by regarding the transport of SO2 and NO2 Specific to SO2 and Permitting
contacting Wendy Macias, U.S. emissions into other states. This action Requirements
Department of Education, 400 Maryland is being taken under the Clean Air Act. 4. Conclusion
Ave. SW., Room 6C111, Washington, DC DATES: Written comments must be B. Prong 2 Analysis—Interference with
20202. Telephone: (202) 203–9155 or by received on or before September 29, Maintenance of the SO2 NAAQS
email: Wendy.Macias@ed.gov. 2017. VI. Significant Contribution to
Electronic Access to This Document: Nonattainment and Interference with
The official version of this document is ADDRESSES: Submit your comments, Maintenance of the NO2 NAAQS
the document published in the Federal identified by Docket ID No. EPA–R01– VII. Proposed Action
Register. Free internet access to the OAR–2017–0151 at http:// VIII. Statutory and Executive Order Reviews
official edition of the Federal Register www.regulations.gov. Follow the online I. Background
and the Code of Federal Regulations is instructions for submitting comments.
Once submitted, comments cannot be On February 9, 2010 (75 FR 6474),
available via the Federal Digital System
edited or removed from Regulations.gov. EPA promulgated a revised primary
at: www.gpo.gov/fdsys. At this site you
For either manner of submission, the NAAQS for NO2 at a level of 100 ppb,
can view this document, as well as all
EPA may publish any comment received based on a 3-year average of the annual
other documents of this Department
to its public docket. Do not submit 98th percentile of 1-hour daily
published in the Federal Register, in
electronically any information you maximum concentrations. On June 22,
text or Portable Document Format
consider to be Confidential Business 2010 (75 FR 35520), EPA promulgated a
(PDF). To use PDF you must have
Information (CBI) or other information revised primary NAAQS for SO2 at a
Adobe Acrobat Reader, which is
whose disclosure is restricted by statute. level of 75 ppb, based on a 3-year
available free at the site. You may also
Multimedia submissions (audio, video, average of the annual 99th percentile of
access documents of the Department
etc.) must be accompanied by a written 1-hour daily maximum concentrations.
published in the Federal Register by
comment. The written comment is Pursuant to section 110(a)(1) of the
using the article search feature at:
considered the official comment and CAA, states are required to submit SIPs
www.federalregister.gov. Specifically,
should include discussion of all points meeting the applicable requirements of
through the advanced search feature at
you wish to make. EPA will generally section 110(a)(2) within three years after
this site, you can limit your search to
not consider comments or comment promulgation of a new or revised
documents published by the
contents located outside of the primary NAAQS, or within such shorter period
Department.
Program Authority: 20 U.S.C. 1098a. submission (i.e. on the web, cloud, or as EPA may prescribe.1 These SIPs,
other file sharing system). For which EPA has historically referred to
Kathleen A. Smith, additional submission methods, please as ‘‘infrastructure SIPs,’’ are to provide
Acting Assistant Secretary for Postsecondary contact the person identified in the FOR for the ‘‘implementation, maintenance,
Education. and enforcement’’ of such NAAQS, and
FURTHER INFORMATION CONTACT section.
[FR Doc. 2017–18510 Filed 8–29–17; 8:45 am] For the full EPA public comment policy, the requirements are designed to ensure
BILLING CODE 4000–01–P information about CBI or multimedia that the structural components of each
submissions, and general guidance on state’s air quality management program
making effective comments, please visit are adequate to meet the state’s
ENVIRONMENTAL PROTECTION http://www.epa.gov/dockets/ responsibilities under the CAA. A
AGENCY commenting-epa-dockets. detailed history, interpretation, and
FOR FURTHER INFORMATION CONTACT:
rationale of these SIPs and their
40 CFR Part 52 requirements can be found in, among
Donald Dahl, (617) 918–1657; or by
[EPA–R01–OAR–2017–0151; FRL–9967–06– email at dahl.donald@epa.gov. other documents, EPA’s May 13, 2014
Region 1] proposed rule titled, ‘‘Infrastructure SIP
SUPPLEMENTARY INFORMATION:
requirements for the 2008 Lead
Throughout this document whenever
Air Plan Approval; Rhode Island; NAAQS,’’ in the section ‘‘What is the
mstockstill on DSK30JT082PROD with PROPOSALS
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Infrastructure Requirement for the scope of this rulemaking?’’ (see 79 FR
EPA. Organization of this document.
2010 Sulfur Dioxide and 2010 Nitrogen 27241 at 27242–27245). As noted above,
The following outline is provided to aid
Dioxide National Ambient Air Quality section 110(a) of the CAA imposes an
in locating information in this preamble.
Standards
Table of Contents 1 This requirement applies to both primary and
AGENCY: Environmental Protection secondary NAAQS, but EPA’s approval in this
Agency (EPA). I. Background notice applies only to the 2010 primary NAAQS for
ACTION: Proposed rule. II. State Submittal SO2 and NO2 because EPA did not establish in 2010
III. Summary of the Proposed Action a new secondary NAAQS for SO2 and NO2.
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Document Created: 2017-08-30 04:08:49
Document Modified: 2017-08-30 04:08:49
| 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 committees. | |
| Dates | We must receive your nominations for negotiators to serve on the committees on or before September 29, 2017. The dates, times, and locations of the committee meetings are set out in the Schedule for Negotiations and Subcommittee Meetings section in the SUPPLEMENTARY INFORMATION section. | |
| Contact | For information about the content of this document, including information about the negotiated rulemaking process or the nomination submission process, contact: Wendy Macias, U.S. Department of Education, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. Telephone: (202) 203-9155 or by email: [email protected] | |
| FR Citation | 82 FR 41194 | |
| RIN Number | 1840-AD26 |
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