83_FR_36961 83 FR 36814 - Negotiated Rulemaking Committee; Public Hearings

83 FR 36814 - Negotiated Rulemaking Committee; Public Hearings

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range36814-36816
FR Document2018-15929

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) (title IV, HEA programs). We also announce our intention to create two subcommittees for this committee. In addition, we announce three public hearings at which interested parties may comment on the topics suggested by the Department and may suggest additional topics that should be considered for action by the negotiating committee. We will also accept written comments on the topics suggested by the Department and suggestions for additional topics that should be considered for action by the negotiating committee. The Department will present negotiators with proposed regulatory language at the first negotiating session.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36814-36816]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15929]


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DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2018-OPE-0076]


Negotiated Rulemaking Committee; Public Hearings

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Intent to establish negotiated rulemaking committee.

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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) (title IV, HEA programs). We also announce our 
intention to create two subcommittees for this committee. In addition, 
we announce three public hearings at which interested parties may 
comment on the topics suggested by the Department and may suggest 
additional topics that should be considered for action by the 
negotiating committee. We will also accept written comments on the 
topics suggested by the Department and suggestions for additional 
topics that should be considered for action by the negotiating 
committee. The Department will present negotiators with proposed 
regulatory language at the first negotiating session.

DATES: The dates, times, and locations for the public hearings are 
listed under SUPPLEMENTARY INFORMATION. We must receive written 
comments on the topics suggested by the Department and additional 
topics that should be considered for action by the negotiating 
committee on or before September 14, 2018.

ADDRESSES: Submit your comments through the Federal eRulemaking Portal 
or via postal mail, commercial delivery, or hand delivery. We will not 
accept comments by fax or by email. To ensure that we do not receive 
duplicate copies, please submit your comments only once. In addition, 
please include the Docket ID at the top of your comments.
     Federal eRulemaking Portal: Go to www.regulations.gov to 
submit your comments electronically. Information on using 
Regulations.gov, including instructions for accessing agency documents, 
submitting comments, and viewing the docket, is available on the site 
under ``Help.''
     Postal Mail, Commercial Delivery, or Hand Delivery: The 
Department strongly encourages commenters to submit their comments 
electronically. However, if you mail or deliver your comments, address 
them to Aaron Washington, U.S. Department of Education, 400 Maryland 
Ave. SW, Room 294-12, Washington, DC 20202.
    Privacy Note: The Department's policy is to make all comments 
received from members of the public available for public viewing in 
their entirety on the Federal eRulemaking Portal at 
www.regulations.gov. Therefore, commenters should be careful to include 
in their comments only information that they wish to make publicly 
available.

FOR FURTHER INFORMATION CONTACT: 

[[Page 36815]]

    For information about the public hearings, go to www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html or contact: Aaron 
Washington, U.S. Department of Education, 400 Maryland Ave. SW, Room 
294-12, Washington, DC 20202. Telephone: (202) 453-7241. 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: Aaron Washington, U.S. Department of 
Education, 400 Maryland Ave. SW, Room 294-12, Washington, DC 20202. 
Telephone: (202) 453-7241. 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: Section 492 of the HEA requires that, before 
publishing any proposed regulations to implement programs authorized 
under title IV of the HEA, the Secretary obtain public involvement in 
the development of the proposed regulations. After obtaining advice and 
recommendations from the public, the Secretary conducts negotiated 
rulemaking to develop the proposed regulations. We announce our intent 
to develop proposed title IV regulations by following the negotiated 
rulemaking procedures in section 492 of the HEA.
    We intend to select participants for the negotiated rulemaking 
committee from nominees of organizations and groups that represent the 
interests significantly affected by the proposed regulations. In 
accordance with section 492(b)(1) of the HEA, we will select from the 
nominees individual negotiators who reflect the diversity among program 
participants.

Regulatory Issues

    We intend to convene a negotiated rulemaking committee to develop 
proposed regulations to revise the regulations related to the 
Secretary's recognition of accrediting agencies in 34 CFR part 602, and 
related parts as described below. The proposed topics for negotiation 
would include:
     Requirements for accrediting agencies in their oversight 
of member institutions;
     Requirements for accrediting agencies to honor 
institutional mission;
     Criteria used by the Secretary to recognize accrediting 
agencies, emphasizing criteria that focus on educational quality;
     Developing a single definition for purposes of measuring 
and reporting job placement rates; and
     Simplifying the Department's process for recognition and 
review of accrediting agencies.
    In addition to developing proposed regulations on the core 
functions of accreditation, the committee would also develop proposed 
regulations in a number of areas to promote greater access for students 
to high-quality, innovative programs by revising the regulations 
related to:
    (1) State authorization, to address the requirements related to 
programs offered through distance education or correspondence courses, 
including disclosures about such programs to enrolled and prospective 
students, and other State authorization issues (34 CFR 600.9 and 
668.50);
    (2) The definition of ``regular and substantive interaction,'' as 
that term is used in the definitions of ``correspondence course'' and 
``distance education'' in 34 CFR 600.2, 600.7, and 668.10;
    (3) The definition of the term ``credit hour'' as it is used in 34 
CFR 600.2, 602.24, 603.24, and 668.8;
    (4) The requirement that an institution demonstrate a reasonable 
relationship between the length of a program and entry-level 
requirements for the recognized occupation for which the program 
prepares the student (34 CFR 668.8(e)(1)(iii) and 668.14(b)(26));
    (5) The arrangements between an institution and another institution 
or organization to provide a portion of an educational program (34 CFR 
668.5);
    (6) The roles and responsibilities of institutions and accrediting 
agencies in the teach-out process (34 CFR 600.32(d) and 602.24);
    (7) The barriers to innovation and competition in postsecondary 
education or to student completion, graduation, or employment, 
including, but not limited to, those contained in the Department's 
institutional eligibility regulations (34 CFR part 600) and student 
assistance general provisions (34 CFR part 668);
    (8) The simplification and clarification of program requirements to 
minimize inadvertent grant-to-loan conversions and to improve outcomes 
for Teacher Education Assistance for College and Higher Education 
(TEACH) Grant recipients (34 CFR part 686);
    (9) Direct assessment programs and competency-based education (34 
CFR 668.10), focusing on the ability of institutions to develop, and 
students to progress through, innovative programs responsive to 
student, employer, and societal needs, including consideration of 
regulations that are barriers to the implementation of such programs, 
such as certain requirements for term-based academic calendars and 
satisfactory academic progress; and
    (10) In light of the recent United States Supreme Court decision in 
Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 
(2017), and the October 6, 2017, Memorandum for All Executive 
Departments and Agencies issued by the Attorney General of the United 
States pursuant to Executive Order No. 13798,\1\ the committee would 
consider revisions to the various provisions of the regulations 
regarding the eligibility of faith-based entities to participate in the 
title IV, HEA programs, including the Gaining Early Awareness and 
Readiness for Undergraduate Programs program, and the eligibility of 
students to obtain certain benefits under those programs (34 CFR 600.11 
and parts 628, 674, 675, 676, 682, 685, 690, 692, and 694).
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    \1\ https://www.justice.gov/opa/press-release/file/1001891/download.
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    Finally, we intend to convene two subcommittees for this committee. 
One subcommittee would address proposed regulations related to direct 
assessment programs/competency-based education (34 CFR 668.10) focusing 
on the ability of institutions to develop, and students to progress 
through, innovative programs responsive to student, employer, and 
societal needs. This subcommittee could consider revisions to 
regulations that are barriers to the implementation of such programs, 
including certain requirements for term-based academic calendars and 
satisfactory academic progress, among other topics. The second 
subcommittee would make recommendations to the committee regarding 
revisions to the regulations regarding the eligibility of faith-based 
entities to participate in the title IV, HEA programs. Proposed 
subcommittees are formed to address specified issues and to make 
recommendations to the committee regarding proposed regulatory 
language. Subcommittees do not make decisions for the committee. While 
committee meetings are open to the public to attend in person, 
subcommittee meetings will be made available through a Department-
provided livestream.
    We intend to provide draft proposed regulatory language for 
discussion by the negotiating committee and the subcommittees prior to 
the first meeting of the committee or subcommittees.
    After reviewing the public comments presented at the hearings and 
in the written submissions, we will publish a

[[Page 36816]]

document (or documents) in the Federal Register announcing the specific 
topics for which we intend to establish the negotiated rulemaking 
committee and a request for nominations for individual negotiators for 
the committee who represent the communities of interest that would be 
significantly affected by the proposed regulations. We will also 
announce the specific topics for which we intend to establish 
subcommittees and request nominations for individuals with pertinent 
expertise to participate on the subcommittees. This document will also 
be posted on the Department's website at: www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.

Public Hearings

    We will hold three public hearings for interested parties to 
discuss the rulemaking agenda. The public hearings will be held:
     September 6, 2018, at the U.S. Department of Education, 
400 Maryland Ave. SW, Barnard Auditorium, Washington, DC 20202.
     September 11, 2018, at Xavier University, Convocation 
Center Annex, Room 111, Building 62, 7800 Washington Ave., New Orleans, 
LA 70125.
     September 13, 2018, at Gateway Technical College, SC 
Johnson iMET Center, 2320 Renaissance Blvd., Sturtevant, WI 53177.
    The Washington, DC public hearing will be held from 9:00 a.m. to 
4:00 p.m., Eastern Daylight Time. The New Orleans, LA and Sturtevant, 
WI public hearings will be held from 9:00 a.m. to 1:00 p.m., Central 
Daylight Time. Further information on the public hearing sites is 
available at www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.
    Individuals who would like to present comments at the public 
hearings must register by sending an email to [email protected]. The 
email should include the name of the presenter along with the public 
hearing at which the individual would like to speak, the general 
topic(s) the individual would like to address, and a general timeframe 
during which the individual would like to speak (for example, a 
presenter could indicate morning or afternoon, or before 11:00 a.m. or 
after 3:00 p.m.). We will make the determination on a first-come, 
first-served basis, based on the time and date the email was received. 
Each participant will be limited to five minutes. The Department will 
notify registrants of the date and time slot reserved for them. An 
individual may make only one presentation at the public hearings. If we 
receive more registrations than we are able to accommodate, the 
Department reserves the right to reject the registration of an entity 
or individual that is affiliated with an entity or individual that is 
already scheduled to present comments, and to select among registrants 
to ensure that a broad range of entities and individuals is allowed to 
present. We will accept registrations for any remaining time slots on a 
first-come, first-served basis, beginning at 8:30 a.m. on the day of 
the public hearing at the Department's on-site registration table. 
Registration is not required to observe the public hearings; however, 
space may be limited.
    The Department will post transcripts of the hearings to 
www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html. Although 
the Department will not be video recording the hearings, speakers 
should be aware that, since these are public meetings, they may be 
filmed or recorded by members of the public.
    Speakers may submit written comments at the public hearings. In 
addition, the Department will accept written comments via the Federal 
eRulemaking portal, and by postal mail, commercial delivery, or hand 
delivery. (See the ADDRESSES section of this document for submission 
information.)

Schedule for Negotiations

    We anticipate that any committee established after the public 
hearings will begin negotiations in January of 2019, with the committee 
meeting for up to three sessions of three days each at roughly four- to 
eight-week intervals. The Department will post transcripts and audio of 
the sessions to www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html. We anticipate that any subcommittees established will begin 
meeting in January or February, after the first meeting of the 
committee. The committee and subcommittees will meet in the Washington, 
DC area. The dates and locations of these meetings will be published in 
a subsequent notice in the Federal Register, and will be posted on the 
Department's website at: www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format by contacting Aaron Washington, U.S. 
Department of Education, 400 Maryland Ave. SW, Room 281-13, Washington, 
DC 20202. Telephone: (202) 203-9155. Email: [email protected].
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations 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). 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.

Diane Auer Jones,
Principal Deputy Under Secretary Delegated to Perform the Duties of 
Under Secretary and Assistant Secretary, Office of Postsecondary 
Education.
[FR Doc. 2018-15929 Filed 7-30-18; 8:45 am]
 BILLING CODE 4000-01-P



                                                 36814                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                    (3) Further guidance on estimating                    approve exemptions from these position                committee to prepare proposed
                                                 deliverable supply, including consideration              limits pursuant to rules that are consistent          regulations for the Federal Student Aid
                                                 of whether the underlying security is readily            with § 150.5 of this chapter, or to rules that        programs authorized under title IV of
                                                 available, is found in appendix C to part 38             are consistent with rules of a national
                                                                                                          securities exchange or association regarding
                                                                                                                                                                the Higher Education Act of 1965, as
                                                 of this chapter.
                                                    (b) Guidance and acceptable practices for             exemptions to securities option position              amended (HEA) (title IV, HEA
                                                 setting limits on cash-settled equity index              limits or exercise limits.                            programs). We also announce our
                                                 security futures products—(1) Guidance for                                                                     intention to create two subcommittees
                                                                                                            Issued in Washington, DC, on July 24,
                                                 setting limits on cash-settled equity index              2018, by the Commission.
                                                                                                                                                                for this committee. In addition, we
                                                 security futures products. For a security                                                                      announce three public hearings at
                                                 futures product cash settled to a narrow-                Robert Sidman,
                                                                                                                                                                which interested parties may comment
                                                 based security index of equity securities, a             Deputy Secretary of the Commission.
                                                                                                                                                                on the topics suggested by the
                                                 designated contract market:                                Note: The following appendices will not             Department and may suggest additional
                                                    (i) May set the level of a position limit to          appear in the Code of Federal Regulations.            topics that should be considered for
                                                 that of a similar equity index option listed on
                                                 a national security exchange or association;                                                                   action by the negotiating committee. We
                                                 or                                                       Appendices to Position Limits and                     will also accept written comments on
                                                    (ii) Should consider the deliverable supply           Position Accountability for Security                  the topics suggested by the Department
                                                 of equity securities underlying the index, and           Futures Products—Commission Voting                    and suggestions for additional topics
                                                 should consider the index weighting and                  Summary and Commissioner’s                            that should be considered for action by
                                                 contract multiplier.                                     Statement                                             the negotiating committee. The
                                                    (2) Acceptable practices for setting limits                                                                 Department will present negotiators
                                                 on cash-settled equity index security futures            Appendix 1—Commission Voting
                                                                                                          Summary                                               with proposed regulatory language at
                                                 products. For a security futures product cash
                                                 settled to a narrow-based security index of
                                                                                                                                                                the first negotiating session.
                                                                                                            On this matter, Chairman Giancarlo and
                                                 equity securities weighted by the number of                                                                    DATES: The dates, times, and locations
                                                                                                          Commissioners Quintenz and Behnam voted
                                                 shares outstanding, a designated contract                in the affirmative. No Commissioner voted in          for the public hearings are listed under
                                                 market may set a position limit as follows:              the negative.                                         SUPPLEMENTARY INFORMATION. We must
                                                 First, determine the limit on a security                                                                       receive written comments on the topics
                                                 futures product on each underlying equity                Appendix 2—Concurring Statement of                    suggested by the Department and
                                                 security pursuant to § 41.25(b)(3)(i); second,           Commissioner Rostin Behnam                            additional topics that should be
                                                 multiply each such limit by the ratio of the
                                                                                                             I respectfully concur with the Commodity           considered for action by the negotiating
                                                 100-share contract size and the shares of the
                                                 equity securities in the index; and third,
                                                                                                          Futures Trading Commission’s approval of its          committee on or before September 14,
                                                                                                          proposed rule regarding Position Limits and           2018.
                                                 determine the minimum level from step two
                                                                                                          Position Accountability for Security Futures
                                                 and set the limit to that level, given a                                                                       ADDRESSES: Submit your comments
                                                                                                          Products (the ‘‘Proposal’’). I commend staff
                                                 contract size of one U.S. dollar times the                                                                     through the Federal eRulemaking Portal
                                                                                                          on their hard work in producing this
                                                 index, or for a larger contract size, reduce the                                                               or via postal mail, commercial delivery,
                                                                                                          Proposal, and for their thoughtful responses
                                                 level proportionately. If under these                    to my questions. I look forward to hearing            or hand delivery. We will not accept
                                                 procedures each of the equity securities                 from market participants and other
                                                 underlying the index is determined to be                                                                       comments by fax or by email. To ensure
                                                                                                          stakeholders regarding the amendments to              that we do not receive duplicate copies,
                                                 eligible for position accountability levels, the         the existing position limits rules for security
                                                 security futures product on the index itself is                                                                please submit your comments only
                                                                                                          futures products. In particular, I will be
                                                 eligible for a position accountability level.            interested in comments regarding the
                                                                                                                                                                once. In addition, please include the
                                                    (c) Guidance and acceptable practices for             appropriateness of increasing the default             Docket ID at the top of your comments.
                                                 setting limits on debt security futures                  level of equity security futures products                • Federal eRulemaking Portal: Go to
                                                 products—(1) Guidance for setting limits on              position limits from 13,500 contracts to              www.regulations.gov to submit your
                                                 debt security futures products. A designated             25,000 contracts. While today’s Proposal only         comments electronically. Information
                                                 contract market should set the level of a                would amend the Commission’s Part 41 rules            on using Regulations.gov, including
                                                 position limit to no greater than the                    regarding security futures products, I                instructions for accessing agency
                                                 equivalent of 12.5 percent of the par value of           nonetheless encourage market participants
                                                 the estimated deliverable supply of the                                                                        documents, submitting comments, and
                                                                                                          and interested stakeholders to consider how           viewing the docket, is available on the
                                                 underlying debt security. For a security                 the Proposal might impact or interplay with
                                                 futures product on more than one debt                    the Commission’s position limits rules in             site under ‘‘Help.’’
                                                 security, the limit should be based on the               Part 150 and any future amendments to them.              • Postal Mail, Commercial Delivery,
                                                 underlying debt security with the lowest                                                                       or Hand Delivery: The Department
                                                                                                          [FR Doc. 2018–16079 Filed 7–30–18; 8:45 am]
                                                 estimated deliverable supply.                                                                                  strongly encourages commenters to
                                                    (2) Acceptable practices for setting limits           BILLING CODE 6351–01–P
                                                                                                                                                                submit their comments electronically.
                                                 on debt security futures products.                                                                             However, if you mail or deliver your
                                                    [Reserved.]                                                                                                 comments, address them to Aaron
                                                    (d) Guidance on position accountability. A            DEPARTMENT OF EDUCATION
                                                 designated contract market may adopt a
                                                                                                                                                                Washington, U.S. Department of
                                                 position accountability rule for any security                                                                  Education, 400 Maryland Ave. SW,
                                                                                                          34 CFR Chapter VI
                                                 futures product, in addition to a position                                                                     Room 294–12, Washington, DC 20202.
                                                 limit rule required or adopted under this                [Docket ID ED–2018–OPE–0076]                             Privacy Note: The Department’s
                                                 section. Upon request by the designated                                                                        policy is to make all comments received
                                                 contract market, traders who hold positions,             Negotiated Rulemaking Committee;                      from members of the public available for
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 either net or on the same side of the market,            Public Hearings                                       public viewing in their entirety on the
                                                 greater than such level specified pursuant to                                                                  Federal eRulemaking Portal at
                                                 the rules of the designated contract market              AGENCY:  Office of Postsecondary
                                                                                                          Education, Department of Education.                   www.regulations.gov. Therefore,
                                                 must provide information to the designated                                                                     commenters should be careful to
                                                 contract market and consent to halt                      ACTION: Intent to establish negotiated
                                                                                                                                                                include in their comments only
                                                 increasing their positions when so ordered by            rulemaking committee.
                                                 the designated contract market.                                                                                information that they wish to make
                                                    (e) Guidance on exemptions from position              SUMMARY:   We announce our intention to               publicly available.
                                                 limits. A designated contract market may                 establish a negotiated rulemaking                     FOR FURTHER INFORMATION CONTACT:



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                                                                          Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                                    36815

                                                   For information about the public                       emphasizing criteria that focus on                    societal needs, including consideration
                                                 hearings, go to www2.ed.gov/policy/                      educational quality;                                  of regulations that are barriers to the
                                                 highered/reg/hearulemaking/2018/                            • Developing a single definition for               implementation of such programs, such
                                                 index.html or contact: Aaron                             purposes of measuring and reporting job               as certain requirements for term-based
                                                 Washington, U.S. Department of                           placement rates; and                                  academic calendars and satisfactory
                                                 Education, 400 Maryland Ave. SW,                            • Simplifying the Department’s                     academic progress; and
                                                 Room 294–12, Washington, DC 20202.                       process for recognition and review of                    (10) In light of the recent United
                                                 Telephone: (202) 453–7241. Email:                        accrediting agencies.                                 States Supreme Court decision in
                                                 aaron.washington@ed.gov.                                    In addition to developing proposed                 Trinity Lutheran Church of Columbia,
                                                   For information about negotiated                       regulations on the core functions of                  Inc. v. Comer, 137 S. Ct. 2012 (2017),
                                                 rulemaking in general, see The                           accreditation, the committee would also               and the October 6, 2017, Memorandum
                                                 Negotiated Rulemaking Process for Title                  develop proposed regulations in a                     for All Executive Departments and
                                                 IV Regulations, Frequently Asked                         number of areas to promote greater                    Agencies issued by the Attorney General
                                                 Questions at www2.ed.gov/policy/                         access for students to high-quality,                  of the United States pursuant to
                                                 highered/reg/hearulemaking/hea08/neg-                    innovative programs by revising the                   Executive Order No. 13798,1 the
                                                 reg-faq.html or contact: Aaron                           regulations related to:                               committee would consider revisions to
                                                 Washington, U.S. Department of                              (1) State authorization, to address the            the various provisions of the regulations
                                                 Education, 400 Maryland Ave. SW,                         requirements related to programs                      regarding the eligibility of faith-based
                                                 Room 294–12, Washington, DC 20202.                       offered through distance education or                 entities to participate in the title IV,
                                                 Telephone: (202) 453–7241. Email:                        correspondence courses, including                     HEA programs, including the Gaining
                                                 aaron.washington@ed.gov.                                 disclosures about such programs to                    Early Awareness and Readiness for
                                                    If you use a telecommunications                       enrolled and prospective students, and                Undergraduate Programs program, and
                                                 device for the deaf (TDD) or text                        other State authorization issues (34 CFR              the eligibility of students to obtain
                                                 telephone (TTY), call the Federal Relay                  600.9 and 668.50);                                    certain benefits under those programs
                                                 Service (FRS), toll free, at 1–800–877–                     (2) The definition of ‘‘regular and                (34 CFR 600.11 and parts 628, 674, 675,
                                                 8339.                                                    substantive interaction,’’ as that term is            676, 682, 685, 690, 692, and 694).
                                                                                                          used in the definitions of                               Finally, we intend to convene two
                                                 SUPPLEMENTARY INFORMATION:     Section                   ‘‘correspondence course’’ and ‘‘distance              subcommittees for this committee. One
                                                 492 of the HEA requires that, before                     education’’ in 34 CFR 600.2, 600.7, and               subcommittee would address proposed
                                                 publishing any proposed regulations to                   668.10;                                               regulations related to direct assessment
                                                 implement programs authorized under                         (3) The definition of the term ‘‘credit            programs/competency-based education
                                                 title IV of the HEA, the Secretary obtain                hour’’ as it is used in 34 CFR 600.2,                 (34 CFR 668.10) focusing on the ability
                                                 public involvement in the development                    602.24, 603.24, and 668.8;                            of institutions to develop, and students
                                                 of the proposed regulations. After                          (4) The requirement that an                        to progress through, innovative
                                                 obtaining advice and recommendations                     institution demonstrate a reasonable                  programs responsive to student,
                                                 from the public, the Secretary conducts                  relationship between the length of a                  employer, and societal needs. This
                                                 negotiated rulemaking to develop the                     program and entry-level requirements                  subcommittee could consider revisions
                                                 proposed regulations. We announce our                    for the recognized occupation for which               to regulations that are barriers to the
                                                 intent to develop proposed title IV                      the program prepares the student (34                  implementation of such programs,
                                                 regulations by following the negotiated                  CFR 668.8(e)(1)(iii) and 668.14(b)(26));              including certain requirements for term-
                                                 rulemaking procedures in section 492 of                     (5) The arrangements between an                    based academic calendars and
                                                 the HEA.                                                 institution and another institution or                satisfactory academic progress, among
                                                    We intend to select participants for                  organization to provide a portion of an               other topics. The second subcommittee
                                                 the negotiated rulemaking committee                      educational program (34 CFR 668.5);                   would make recommendations to the
                                                 from nominees of organizations and                          (6) The roles and responsibilities of              committee regarding revisions to the
                                                 groups that represent the interests                      institutions and accrediting agencies in              regulations regarding the eligibility of
                                                 significantly affected by the proposed                   the teach-out process (34 CFR 600.32(d)               faith-based entities to participate in the
                                                 regulations. In accordance with section                  and 602.24);                                          title IV, HEA programs. Proposed
                                                 492(b)(1) of the HEA, we will select                        (7) The barriers to innovation and                 subcommittees are formed to address
                                                 from the nominees individual                             competition in postsecondary education                specified issues and to make
                                                 negotiators who reflect the diversity                    or to student completion, graduation, or              recommendations to the committee
                                                 among program participants.                              employment, including, but not limited                regarding proposed regulatory language.
                                                                                                          to, those contained in the Department’s               Subcommittees do not make decisions
                                                 Regulatory Issues
                                                                                                          institutional eligibility regulations (34             for the committee. While committee
                                                   We intend to convene a negotiated                      CFR part 600) and student assistance                  meetings are open to the public to
                                                 rulemaking committee to develop                          general provisions (34 CFR part 668);                 attend in person, subcommittee
                                                 proposed regulations to revise the                          (8) The simplification and                         meetings will be made available through
                                                 regulations related to the Secretary’s                   clarification of program requirements to              a Department-provided livestream.
                                                 recognition of accrediting agencies in 34                minimize inadvertent grant-to-loan                       We intend to provide draft proposed
                                                 CFR part 602, and related parts as                       conversions and to improve outcomes                   regulatory language for discussion by
                                                 described below. The proposed topics                     for Teacher Education Assistance for                  the negotiating committee and the
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                                                 for negotiation would include:                           College and Higher Education (TEACH)                  subcommittees prior to the first meeting
                                                   • Requirements for accrediting                         Grant recipients (34 CFR part 686);                   of the committee or subcommittees.
                                                 agencies in their oversight of member                       (9) Direct assessment programs and                    After reviewing the public comments
                                                 institutions;                                            competency-based education (34 CFR                    presented at the hearings and in the
                                                   • Requirements for accrediting                         668.10), focusing on the ability of                   written submissions, we will publish a
                                                 agencies to honor institutional mission;                 institutions to develop, and students to
                                                   • Criteria used by the Secretary to                    progress through, innovative programs                   1 https://www.justice.gov/opa/press-release/file/

                                                 recognize accrediting agencies,                          responsive to student, employer, and                  1001891/download.



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                                                 36816                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 document (or documents) in the Federal                   we receive more registrations than we                 Register. You may access the official
                                                 Register announcing the specific topics                  are able to accommodate, the                          edition of the Federal Register and the
                                                 for which we intend to establish the                     Department reserves the right to reject               Code of Federal Regulations via the
                                                 negotiated rulemaking committee and a                    the registration of an entity or                      Federal Digital System at: www.gpo.gov/
                                                 request for nominations for individual                   individual that is affiliated with an                 fdsys. At this site you can view this
                                                 negotiators for the committee who                        entity or individual that is already                  document, as well as all other
                                                 represent the communities of interest                    scheduled to present comments, and to                 documents of this Department
                                                 that would be significantly affected by                  select among registrants to ensure that a             published in the Federal Register, in
                                                 the proposed regulations. We will also                   broad range of entities and individuals               text, or Portable Document Format
                                                 announce the specific topics for which                   is allowed to present. We will accept                 (PDF). You may also access documents
                                                 we intend to establish subcommittees                     registrations for any remaining time                  of the Department published in the
                                                 and request nominations for individuals                  slots on a first-come, first-served basis,            Federal Register by using the article
                                                 with pertinent expertise to participate                  beginning at 8:30 a.m. on the day of the              search feature at:
                                                 on the subcommittees. This document                      public hearing at the Department’s on-                www.federalregister.gov. Specifically,
                                                 will also be posted on the Department’s                  site registration table. Registration is not          through the advanced search feature at
                                                 website at: www2.ed.gov/policy/                          required to observe the public hearings;              this site, you can limit your search to
                                                 highered/reg/hearulemaking/2018/                         however, space may be limited.                        documents published by the
                                                 index.html.                                                 The Department will post transcripts               Department.
                                                                                                          of the hearings to www2.ed.gov/policy/
                                                 Public Hearings                                          highered/reg/hearulemaking/2018/                        Program Authority: 20 U.S.C. 1098a.
                                                    We will hold three public hearings for                index.html. Although the Department                   Diane Auer Jones,
                                                 interested parties to discuss the                        will not be video recording the hearings,             Principal Deputy Under Secretary Delegated
                                                 rulemaking agenda. The public hearings                   speakers should be aware that, since                  to Perform the Duties of Under Secretary and
                                                 will be held:                                            these are public meetings, they may be                Assistant Secretary, Office of Postsecondary
                                                    • September 6, 2018, at the U.S.                      filmed or recorded by members of the                  Education.
                                                 Department of Education, 400 Maryland                    public.                                               [FR Doc. 2018–15929 Filed 7–30–18; 8:45 am]
                                                 Ave. SW, Barnard Auditorium,                                Speakers may submit written                        BILLING CODE 4000–01–P
                                                 Washington, DC 20202.                                    comments at the public hearings. In
                                                    • September 11, 2018, at Xavier                       addition, the Department will accept
                                                 University, Convocation Center Annex,                    written comments via the Federal                      ENVIRONMENTAL PROTECTION
                                                 Room 111, Building 62, 7800                              eRulemaking portal, and by postal mail,               AGENCY
                                                 Washington Ave., New Orleans, LA                         commercial delivery, or hand delivery.
                                                 70125.                                                   (See the ADDRESSES section of this                    40 CFR Part 52
                                                    • September 13, 2018, at Gateway                      document for submission information.)
                                                 Technical College, SC Johnson iMET                                                                             [EPA–R02–OAR–2018–0549; FRL–9981–
                                                 Center, 2320 Renaissance Blvd.,                          Schedule for Negotiations                             62—Region 2]
                                                 Sturtevant, WI 53177.                                       We anticipate that any committee
                                                    The Washington, DC public hearing                                                                           Approval and Promulgation of
                                                                                                          established after the public hearings
                                                 will be held from 9:00 a.m. to 4:00 p.m.,                                                                      Implementation Plans; New Jersey;
                                                                                                          will begin negotiations in January of
                                                 Eastern Daylight Time. The New                                                                                 Elements for the 2008 8-Hour Ozone
                                                                                                          2019, with the committee meeting for
                                                 Orleans, LA and Sturtevant, WI public                                                                          National Ambient Air Quality
                                                                                                          up to three sessions of three days each
                                                 hearings will be held from 9:00 a.m. to                                                                        Standards
                                                                                                          at roughly four- to eight-week intervals.
                                                 1:00 p.m., Central Daylight Time.                        The Department will post transcripts                  AGENCY:  Environmental Protection
                                                 Further information on the public                        and audio of the sessions to                          Agency (EPA).
                                                 hearing sites is available at                            www2.ed.gov/policy/highered/reg/                      ACTION: Proposed rule.
                                                 www2.ed.gov/policy/highered/reg/                         hearulemaking/2018/index.html. We
                                                 hearulemaking/2018/index.html.                           anticipate that any subcommittees                     SUMMARY:   The Environmental Protection
                                                    Individuals who would like to present                 established will begin meeting in                     Agency (EPA) is proposing to approve
                                                 comments at the public hearings must                     January or February, after the first                  several State Implementation Plan (SIP)
                                                 register by sending an email to                          meeting of the committee. The                         revisions submitted by the State of New
                                                 negreghearing@ed.gov. The email                          committee and subcommittees will meet                 Jersey for purposes of implementing
                                                 should include the name of the                           in the Washington, DC area. The dates                 Reasonably Available Control
                                                 presenter along with the public hearing                  and locations of these meetings will be               Technology (RACT) for the 2008 8-hour
                                                 at which the individual would like to                    published in a subsequent notice in the               ozone National Ambient Air Quality
                                                 speak, the general topic(s) the                          Federal Register, and will be posted on               Standard (NAAQS). The EPA is
                                                 individual would like to address, and a                  the Department’s website at:                          proposing to approve New Jersey’s SIP
                                                 general timeframe during which the                       www2.ed.gov/policy/highered/reg/                      revision for the control and prohibition
                                                 individual would like to speak (for                      hearulemaking/2018/index.html.                        of air pollution by volatile organic
                                                 example, a presenter could indicate                         Accessible Format: Individuals with                compounds (VOCs) and control and
                                                 morning or afternoon, or before 11:00                    disabilities can obtain this document in              prohibition of air pollution by oxides of
                                                 a.m. or after 3:00 p.m.). We will make                   an accessible format by contacting                    nitrogen (NOX), as they are intended to
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                                                 the determination on a first-come, first-                Aaron Washington, U.S. Department of                  satisfy certain control technique
                                                 served basis, based on the time and date                 Education, 400 Maryland Ave. SW,                      guideline (CTG) and NOX RACT
                                                 the email was received. Each participant                 Room 281–13, Washington, DC 20202.                    categories. The EPA is proposing to
                                                 will be limited to five minutes. The                     Telephone: (202) 203–9155. Email:                     approve New Jersey’s certification that
                                                 Department will notify registrants of the                Aaron.Washington@ed.gov.                              there are no sources within the State for
                                                 date and time slot reserved for them. An                    Electronic Access to This Document:                the following CTGs: Manufacture of
                                                 individual may make only one                             The official version of this document is              Vegetable Oils; Manufacture of
                                                 presentation at the public hearings. If                  the document published in the Federal                 Pneumatic Rubber Tires; Aerospace


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Document Created: 2018-11-06 10:29:19
Document Modified: 2018-11-06 10:29:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionIntent to establish negotiated rulemaking committee.
DatesThe dates, times, and locations for the public hearings are listed under SUPPLEMENTARY INFORMATION. We must receive written comments on the topics suggested by the Department and additional topics that should be considered for action by the negotiating committee on or before September 14, 2018.
ContactFor information about the public hearings, go to www2.ed.gov/ policy/highered/reg/hearulemaking/2018/index.html or contact: Aaron Washington, U.S. Department of Education, 400 Maryland Ave. SW, Room 294-12, Washington, DC 20202. Telephone: (202) 453-7241. Email: [email protected]
FR Citation83 FR 36814 

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