83 FR 51906 - Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings-Accreditation and Innovation

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 199 (October 15, 2018)

Page Range		51906-51910
FR Document		2018-22506

We announce our intention to establish one negotiated rulemaking committee to prepare proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). The committee will include representatives of organizations or groups with interests that are significantly affected by the 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 committee, and we set a schedule for committee meetings. We also announce the creation of three subcommittees, and request nominations for individuals with pertinent expertise to participate on the subcommittees.

Federal Register, Volume 83 Issue 199 (Monday, October 15, 2018)

[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Proposed Rules]
[Pages 51906-51910]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-22506]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION

34 CFR Chapter VI

[Docket ID ED-2018-OPE-0076]
RIN 1840-AD36, 1840-AD37, 1840-AD38, 1840-AD40, 1840-AD44

Negotiated Rulemaking Committee; Negotiator Nominations and
Schedule of Committee Meetings--Accreditation and Innovation

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Intent to establish negotiated rulemaking committee.

-----------------------------------------------------------------------

SUMMARY: We announce our intention to establish one negotiated
rulemaking committee to prepare proposed regulations for the Federal
Student Aid programs authorized under title IV of the Higher Education
Act of 1965, as amended (HEA). The committee will include
representatives of organizations or groups with interests that are
significantly affected by the 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 committee, and we set a schedule for
committee meetings. We also announce

[[Page 51907]]

the creation of three subcommittees, and request nominations for
individuals with pertinent expertise to participate on the
subcommittees.

DATES: We must receive your nominations for negotiators to serve on the
committees on or before November 15, 2018. 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 Aaron
Washington, U.S. Department of Education, 400 Maryland Ave. SW, Room
294-12, Washington, DC 20202. Telephone (202) 453-7241. Email:
negregnominations@ed.gov.

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: Aaron
Washington, U.S. Department of Education, 400 Maryland Ave. SW, Room
294-12, Washington, DC 20202. Telephone (202) 453-7241. Email:
Aaron.Washington@ed.gov.
For information about negotiated rulemaking in general, see The
Negotiated Rulemaking Process for Title IV Regulations, Frequently
Asked Questions at https://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: Aaron.Washington@ed.gov.
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 July 31, 2018, we published in the
Federal Register (83 FR 36814) an announcement of our intent to
establish a negotiated rulemaking committee under section 492 of the
HEA to develop proposed regulations related to a number of higher
education practices and issues, including: (1) Accreditation; (2)
distance learning and educational innovation; (3) TEACH grants; and (4)
participation by faith-based educational entities.
We also announced three 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 took
place on September 6, 2018 in Washington, DC, on September 11, 2018 in
New Orleans, Louisiana, and on September 13, 2018 in Sturtevant,
Wisconsin. We invited parties to comment and submit topics for
consideration in writing as well. Transcripts from the public hearings
are available at https://www2.ed.gov/policy/highered/reg/hearulemaking/2018/index.html.
Written comments submitted in response to the July 31, 2018,
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-2018-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 a single
Accreditation and Innovation negotiated rulemaking committee and three
topic-based subcommittees to ensure sufficient representation of
subject matter experts for each topic. We believe the addition of a
TEACH Grants subcommittee, scheduling additional days for the committee
meetings, and the use of redlined regulatory text as the starting point
of negotiations instead of issue papers will address concerns raised by
commenters and ensure proper attention to each topic.
We list the specific topics the committee is likely to address
under Committee Topics, below.
We intend to select negotiators for the committee who represent the
interests significantly affected by the topics proposed for
negotiations. In so doing, we will comply with the requirement in
section 492(b)(1) of the HEA that the individuals selected must have
demonstrated expertise or experience in the relevant topics proposed
for negotiations. We will also select individual negotiators who
reflect the diversity among program participants, in accordance with
section 492(b)(1) of the HEA. Our goal is to establish a committee that
will allow significantly affected parties to be represented while
keeping the committee size manageable.
We generally select a primary and alternate negotiator for each
constituency represented on 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. Only the primary negotiator may speak during the
negotiations unless the primary negotiator is absent for the day or a
significant portion of a day, in which case the alternate may speak
during the negotiations.
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 Accreditation and Innovation Committee will address the
Secretary's recognition of accrediting agencies and related
institutional eligibility issues (34 CFR parts 602 and 600), as well as
various technical corrections. The specific topics for negotiation will
likely include:
Requirements for accrediting agencies in their oversight
of member institutions and programs.
Criteria used by the Secretary to recognize accrediting
agencies, emphasizing criteria that focus on educational quality and
deemphasizing those that are anti-competitive.
Simplification of the Department's recognition and review
of accrediting agencies.
Clarification of the core oversight responsibilities
amongst each entity in the regulatory triad, including accrediting
agencies, States, and the Department to hold institutions accountable.
Clarification of the permissible arrangements between an
institution of higher education and another organization to provide a
portion of an education program (34 CFR 668.5).
The roles and responsibilities of institutions and
accrediting agencies in the teach-out process (34 CFR 600.32(d) and
602.24).
Elimination of regulations related to programs that have
not been funded in many years.
Needed technical changes and corrections to program
regulations that have been identified by the Department.
As part of the negotiated rulemaking process, we are forming three
subcommittees: The Distance Learning and Educational Innovation
Subcommittee; the Faith-Based Entities Subcommittee; and the TEACH
Grants Subcommittee, to make recommendations to the committee. The
committee will ultimately make determinations based on subcommittee
recommendations, and committee discussions, on:
Regulatory changes required to ensure equitable treatment
of brick-and-

[[Page 51908]]

mortar and distance education programs; enable expansion of direct
assessment programs, distance education, and competency-based
education; and to clarify disclosure and other requirements of state
authorization.
Protections to ensure that accreditors recognize and
respect institutional mission, and evaluate an institution's policies
and educational programs based on that mission; and remove barriers to
the eligibility of faith-based entities to participate in the title IV,
HEA programs.
TEACH Grant requirements and ways to reduce and correct
the inadvertent conversion of grants to loans.
1. The topics that the Distance Learning and Educational Innovation
Subcommittee is likely to address include, but are not limited to:
Simplification of State authorization 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).
The definition of ``regular and substantive interaction,''
as that term is used in the definitions of ``correspondence course''
and ``distance education'' (34 CFR 600.2, 600.7, and 668.10).
The definition of the term ``credit hour'' (34 CFR 600.2,
602.24 and 668.8).
The requirement that an institution demonstrates a
reasonable relation 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)).
The barriers to innovation in postsecondary education and
to student completion, graduation, or employment, including, but not
limited to, regulatory barriers in the Department's institutional
eligibility regulations and student assistance general provisions (34
CFR part 600 and 34 CFR part 668).
Direct assessment programs and competency-based education,
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 implementation of such programs, such as certain
requirements for term-based academic calendars and satisfactory
academic progress.
2. The topics that the TEACH Grants Subcommittee is likely to
address include, but are not limited to: The simplification and
clarification of TEACH Grant program requirements to minimize the
inadvertent grant-to-loan conversions and to provide opportunities to
correct erroneous conversions (34 CFR part 686).
3. The topics that the Faith-Based Institutions Subcommittee is
likely to address include, but are not limited to: Requirements for
accrediting agencies to honor institutional mission and 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, and
the eligibility of students to obtain certain benefits under those
programs (34 CFR 600.11 and parts, 674, 675, 676, 682, 685, 690, 692,
and 694).
These subcommittees will address the specified issues and make
recommendations to the committee. Subcommittees are not authorized to
make decisions for the committee. The subcommittees may be comprised of
some Accreditation and Innovation Committee 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 issues to
be negotiated to serve on the committee (see Constituencies for
Negotiator Nominations), we are asking for nominations for individuals
with specific types of expertise to serve on one of the three
subcommittees (see Areas of Expertise for the Distance Learning and
Educational Innovation Subcommittee, Areas of Expertise for the Faith-
Based Entities Subcommittee, and Areas of Expertise for the TEACH
Grants Subcommittee). The subcommittees' meetings will be held between
committee meetings (see Schedule for Negotiations and Subcommittee
Meeting). Before the conclusion of the negotiations, each subcommittee
will present any recommendations for regulatory changes to the
Accreditation and Innovation Committee for its consideration. Only the
committee has power to reach consensus on regulations.

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
for organizations or groups representing these constituencies.

Accreditation and Innovation Committee

Students.
Legal assistance organizations that represent students.
Financial aid administrators at postsecondary
institutions.
National Accreditation Agencies.
Regional Accreditation Agencies.
Programmatic Accreditation Agencies.
Institutions of higher education primarily offering
distance education.
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, 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.
Faith-based institutions of higher education.
Private, nonprofit institutions of higher education.
Private, proprietary institutions of higher education.
Employers.
Veterans.
The goal of the committee is to develop proposed regulations that
reflect a final consensus of the committee. Consensus means that there
is no dissent by any member of a negotiating committee, including the
committee member representing the Department. However, the Department
seeks consensus independently on the predetermined sets of topics
addressed by each subcommittee and the committee. Although only the
committee, not the subcommittees, can vote on consensus, the issues
will be divided into groups by the Department and the committee will
have an opportunity to vote on each.
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

[[Page 51909]]

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 a member of such an organization or
group.

Areas of Expertise for the Distance Learning and Educational Innovation
Subcommittee

The Department plans to select individuals from organizations or
groups with expertise in direct assessment programs, distance
education, and competency-based education. The subcommittee will focus
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 implementation of such programs,
including certain requirements for term-based academic calendars and
satisfactory academic progress. Nominations must include evidence of
the nominee's specific knowledge in these areas, citing specific topics
outlined in the Committee Topics section. Such individuals from
organizations or groups may include but are not limited to,
representatives of:
Students.
Legal assistance organizations that represent students.
Private, nonprofit institutions of higher education, with
knowledge of direct assessment programs and competency-based education.
Private, for-profit institutions of higher education, with
knowledge of direct assessment programs and competency-based education.
Public institutions of higher education, with knowledge of
direct assessment programs and competency-based education.
Accrediting agencies.
Associations or organizations that provide guidance to or
represent institutions with direct assessment programs and competency-
based education.
Financial aid administrators at postsecondary
institutions.
Academic executive officers at postsecondary institutions.
Non-profit organizations supporting inter-State agreements
related to State authorization of distance or correspondence education
programs.
State higher education executives.

Areas of Expertise for the Faith-Based Entities Subcommittee

The Department plans to select individuals from organizations or
groups with expertise in the eligibility of faith-based entities to
participate in the title IV, HEA programs. These would include, but are
not limited to, individuals with knowledge of the Federal Work Study
programs, the title IV, HEA discretionary grant programs,
accreditation, and other areas of the Department's postsecondary
education regulations that contain specific provisions concerning
faith-based entities. 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:
Students.
Faith-based entities eligible for title IV, HEA programs.
Officers of institution-based Gaining Early Awareness and
Readiness for Undergraduate Program grantees.
Institutions of higher education with knowledge of faith-
based entities' participation in the title IV, HEA programs.
Institutions of higher education with knowledge of faith-
based entities' participation in the title IV, HEA programs and that
are 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.
Accrediting agencies.
Associations or organizations that focus on issues related
to faith-based entities or the participation of faith-based entities in
Federal programs.
Financial aid administrators at postsecondary
institutions.

Areas of Expertise for the TEACH Grants Subcommittee

The Department plans to select individuals from organizations or
groups with expertise in teacher education programs, student financial
aid, and high-need teacher education programs. 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:
Students who are or have been TEACH Grant recipients.
Legal assistance organizations that represent students.
Financial aid administrators at postsecondary
institutions.
State primary and secondary education executive officers.
Institutions of higher education that award or have
awarded TEACH grants and that are 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 institutions of higher education that award or
have awarded TEACH grants.
Four-year institutions of higher education that award or
have awarded TEACH grants.
Organizations or associations that represent the interests
of students who participate in title IV programs.
Organizations or associations that represent financial aid
administrators.

Nominations

Nominations should include:
The committee or subcommittee for which the nominee is
nominated.
The name of the nominee, the organization or group the
nominee represents, and a description of the interest that the nominee
represents.
Evidence of the nominee's expertise or experience in the
topics proposed for negotiations.
The nominee's commitment that he or she will actively and
respectfully participate in good faith in the development of the
proposed regulations with the goal of reaching consensus and without
disparaging other committee members, their organizations, or their
motives.
The nominee's contact information, including address,
telephone 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 https://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.

[[Page 51910]]

Schedule for Negotiations and Subcommittee Meetings

The Accreditation and Innovation Committee will meet for three
sessions on the following dates:

Session 1: January 14-16, 2019
Session 2: February 19-22, 2019
Session 3: March 25-28, 2019

Sessions will run from 9:00 a.m. to 5:00 p.m.
The January committee meetings will be held at a location in the
Washington, DC area to be determined.
The February committee meetings will be held at a location in the
Washington, DC area to be determined.
The March committee meetings will be held at a location in the
Washington, DC area to be determined.
The committee meetings are open to the public.
The Distance Learning and Educational Innovation Subcommittee will
meet on the following dates:

Meeting 1: January 17-18, 2019
Meeting 2: February 12-13, 2019
Meeting 3: March 11-12, 2019

Meetings will run from 9:00 a.m. to 5:00 p.m.
The January subcommittee meetings will be held at a location in the
Washington, DC area to be determined.
The February subcommittee meetings will be held at a location in
the Washington, DC area to be determined.
The March subcommittee meetings will be held at a location in the
Washington, DC area to be determined.
The subcommittee meetings will be made available through a
Department-provided livestream.
The Department will publish a separate notice in the Federal
Register announcing the locations of each meeting.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., Braille, large print,
audiotape, or compact disc) by contacting Aaron Washington, U.S.
Department of Education, 400 Maryland Ave. SW, Room 294-12, Washington,
DC 20202. Telephone (202) 453-7241. Email: Aaron.Washington@ed.gov.
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 Documents 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 publish by
the Department.

Program Authority: 20 U.S.C. 1098a.

Dated: October 11, 2018.
Michael Brickman,
Senior Advisor to the Under Secretary, Delegated the Duties and
Responsibilities of the Principal Deputy Under Secretary, Delegated to
Perform the Duties of Under Secretary.
[FR Doc. 2018-22506 Filed 10-11-18; 4:15 pm]
BILLING CODE 4000-01-P

51906 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Proposed Rules

■ 1. Removing Example 2; DEPARTMENT OF THE TREASURY to present oral comments at the hearing
■ 2. Designating Examples 1 and 3 as that submitted written comments by
Internal Revenue Service October 9, 2018, must submit an outline
paragraphs (i)(4)(i) and (ii), respectively;
and of the topics to be addressed and the
26 CFR Part 301 amount of time to be devoted to each
■ 3. In the heading for newly designated topic by Tuesday, October 16, 2018.
[REG–104266–18]
paragraph (i)(4)(ii), removing ‘‘3’’ and A period of 10 minutes is allotted to
adding ‘‘2’’ in its place. RIN 1545–BO12 each person for presenting oral
comments. After the deadline for
§ 1.6655–0 [Amended] Guidance Regarding the Transition Tax receiving outlines has passed, the IRS
■ Par. 6. Section 1.6655–0 is amended Under Section 965 and Related will prepare an agenda containing the
Provisions; Hearing schedule of speakers. Copies of the
by removing the entries for § 1.6655–
2(f)(3)(i) and (f)(3)(i)(A) and AGENCY: Internal Revenue Service (IRS), agenda will be made available, free of
redesignating the entry for § 1.6655– Treasury. charge, at the hearing or by contacting
2(f)(3)(i)(B) as § 1.6655–2(f)(3)(i). ACTION: Proposed rule; notice of hearing. the Publications and Regulations Branch
at (202) 317–6901 (not a toll-free
§ 1.6655–2 [Amended] SUMMARY: This document provides a number).
notice of public hearing on proposed Because of access restrictions, the IRS
■ Par. 7. Section 1.6655–2 is amended
regulations relating to section 965 of the will not admit visitors beyond the
by removing paragraphs (f)(3)(i) heading immediate entrance area more than 30
Internal Revenue Code as amended by
and (f)(3)(i)(A) and redesignating the Tax Cuts and Jobs Act, which was minutes before the hearing starts. For
(f)(3)(i)(B) as (f)(3)(i). enacted on December 22, 2017. information about having your name
■ Par. 8. Section 1.6655–6 is amended DATES: The public hearing is being held placed on the building access list to
in paragraph (c) by: on Monday, October 22, 2018, at 10 a.m. attend the hearing, see the FOR FURTHER
■ 1. Revising the heading and The IRS must receive speakers’ outlines INFORMATION CONTACT section of this
introductory text; of the topics to be discussed at the document.
public hearing by Tuesday, October 16, Martin V. Franks,
■ 2. Removing Example 1;
2018.
Chief, Publications and Regulations Branch,
■ 3. Designating Example 2 as paragraph ADDRESSES: The public hearing is being Legal Processing Division, Associate Chief
(c)(1) and revising the heading of newly held in the IRS Auditorium, Internal Counsel, (Procedure and Administration).
designated paragraph (c)(1); and Revenue Service Building, 1111 [FR Doc. 2018–22345 Filed 10–12–18; 8:45 am]
■ 3. Adding a reserved paragraph (c)(2). Constitution Avenue NW, Washington, BILLING CODE 4830–01–P
DC 20224. Due to building security
The revisions read as follows:
procedures, visitors must enter at the
§ 1.6655–6 Methods of accounting. Constitution Avenue entrance. In DEPARTMENT OF EDUCATION
* * * * * addition, all visitors must present a
valid photo identification to enter the 34 CFR Chapter VI
(c) Example. The following example building.
illustrates the rules of this section: Send Submissions to CC:PA:LPD:PR [Docket ID ED–2018–OPE–0076]
(REG–104226–18), Room 5205, Internal RIN 1840–AD36, 1840–AD37, 1840–AD38,
(1) Revenue Service, P.O. Box 7604, Ben 1840–AD40, 1840–AD44
Example. * * *
Franklin Station, Washington, DC
* * * * * 20044. Submissions may be hand- Negotiated Rulemaking Committee;
delivered Monday through Friday to Negotiator Nominations and Schedule
PART 602—OMB CONTROL NUMBERS CC:PA:LPD:PR (REG–104226–18), of Committee Meetings—Accreditation
UNDER THE PAPERWORK Couriers Desk, Internal Revenue and Innovation
REDUCTION ACT Service, 1111 Constitution Avenue NW, AGENCY: Office of Postsecondary
Washington, DC 20224 or sent Education, Department of Education.
■ Par. 9. Add an authority citation for electronically via the Federal
part 602 to read as follows: ACTION: Intent to establish negotiated
eRulemaking Portal at
rulemaking committee.
Authority: 26 U.S.C. 7805. www.regulations.gov (IRS REG–104226–
18). SUMMARY: We announce our intention to
§ 602.101 [Amended] FOR FURTHER INFORMATION CONTACT: establish one negotiated rulemaking
■ Par. 10. Section 602.101 is amended Concerning the proposed regulations, committee to prepare proposed
by removing the entry for § 1.451–5 and Leni C. Perkins (202) 317–6934; regulations for the Federal Student Aid
the parenthetical authority citation at concerning submissions of comments, programs authorized under title IV of
the end of the section. the hearing and/or to be placed on the the Higher Education Act of 1965, as
building access list to attend the amended (HEA). The committee will
Kirsten Wielobob, hearing, Regina Johnson at (202) 317– include representatives of organizations
Deputy Commissioner for Services and 6901 (not toll-free numbers). or groups with interests that are
khammond on DSK30JT082PROD with PROPOSAL

Enforcement. SUPPLEMENTARY INFORMATION: The significantly affected by the subject
[FR Doc. 2018–22025 Filed 10–12–18; 8:45 am] subject of the public hearing is the matter of the proposed regulations. We
BILLING CODE 4830–01–P notice of proposed rulemaking (REG– request nominations for individual
104226–18) that was published in the negotiators who represent key
Federal Register on Thursday, August 9, stakeholder constituencies for the issues
2018 (83 FR 39514). to be negotiated to serve on the
The rules of 26 CFR 601.601(a)(3) committee, and we set a schedule for
apply to the hearing. Persons who wish committee meetings. We also announce

VerDate Sep<11>2014 17:23 Oct 12, 2018 Jkt 247001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.SGM 15OCP1

51908 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Proposed Rules

mortar and distance education simplification and clarification of individuals for organizations or groups
programs; enable expansion of direct TEACH Grant program requirements to representing these constituencies.
assessment programs, distance minimize the inadvertent grant-to-loan Accreditation and Innovation
education, and competency-based conversions and to provide Committee
education; and to clarify disclosure and opportunities to correct erroneous
• Students.
other requirements of state conversions (34 CFR part 686).
• Legal assistance organizations that
authorization. 3. The topics that the Faith-Based
• Protections to ensure that represent students.
Institutions Subcommittee is likely to • Financial aid administrators at
accreditors recognize and respect address include, but are not limited to: postsecondary institutions.
institutional mission, and evaluate an Requirements for accrediting agencies to • National Accreditation Agencies.
institution’s policies and educational honor institutional mission and various • Regional Accreditation Agencies.
programs based on that mission; and provisions of the regulations regarding • Programmatic Accreditation
remove barriers to the eligibility of faith- the eligibility of faith-based entities to Agencies.
based entities to participate in the title participate in the title IV, HEA • Institutions of higher education
IV, HEA programs. programs, including the Gaining Early primarily offering distance education.
• TEACH Grant requirements and Awareness and Readiness for • Institutions of higher education
ways to reduce and correct the Undergraduate Programs, and the eligible to receive Federal assistance
inadvertent conversion of grants to eligibility of students to obtain certain under title III, parts A, B and F, and title
loans. benefits under those programs (34 CFR
1. The topics that the Distance V of the HEA, which include
600.11 and parts, 674, 675, 676, 682, Historically Black Colleges and
Learning and Educational Innovation 685, 690, 692, and 694).
Subcommittee is likely to address Universities, Hispanic-Serving
These subcommittees will address the Institutions, American Indian Tribally
include, but are not limited to: specified issues and make
• Simplification of State Controlled Colleges and Universities,
recommendations to the committee. Alaska Native and Native Hawaiian-
authorization requirements related to
Subcommittees are not authorized to Serving Institutions, and other
programs offered through distance
make decisions for the committee. The institutions with a substantial
education or correspondence courses,
subcommittees may be comprised of enrollment of needy students as defined
including disclosures about such
some Accreditation and Innovation in title III of the HEA.
programs to enrolled and prospective
students and other State authorization
Committee members (negotiators) as • Two-year public institutions of
well as individuals who are not higher education.
issues (34 CFR 600.9 and 668.50).
• The definition of ‘‘regular and committee members, but who have • Four-year public institutions of
substantive interaction,’’ as that term is expertise that will be helpful in higher education.
used in the definitions of developing proposed regulations. • Faith-based institutions of higher
‘‘correspondence course’’ and ‘‘distance Therefore, in addition to asking for education.
education’’ (34 CFR 600.2, 600.7, and nominations for individual negotiators • Private, nonprofit institutions of
668.10). who represent key stakeholder higher education.
• The definition of the term ‘‘credit constituencies for issues to be • Private, proprietary institutions of
hour’’ (34 CFR 600.2, 602.24 and 668.8). negotiated to serve on the committee higher education.
• The requirement that an institution (see Constituencies for Negotiator • Employers.
demonstrates a reasonable relation Nominations), we are asking for • Veterans.
between the length of a program and nominations for individuals with The goal of the committee is to
entry-level requirements for the specific types of expertise to serve on develop proposed regulations that
recognized occupation for which the one of the three subcommittees (see reflect a final consensus of the
program prepares the student (34 CFR Areas of Expertise for the Distance committee. Consensus means that there
668.8 (e)(1)(iii) and 668.14(b)(26)). Learning and Educational Innovation is no dissent by any member of a
• The barriers to innovation in Subcommittee, Areas of Expertise for negotiating committee, including the
postsecondary education and to student the Faith-Based Entities Subcommittee, committee member representing the
completion, graduation, or employment, and Areas of Expertise for the TEACH Department. However, the Department
including, but not limited to, regulatory Grants Subcommittee). The seeks consensus independently on the
barriers in the Department’s subcommittees’ meetings will be held predetermined sets of topics addressed
institutional eligibility regulations and between committee meetings (see by each subcommittee and the
student assistance general provisions Schedule for Negotiations and committee. Although only the
(34 CFR part 600 and 34 CFR part 668). Subcommittee Meeting). Before the committee, not the subcommittees, can
• Direct assessment programs and conclusion of the negotiations, each vote on consensus, the issues will be
competency-based education, focusing subcommittee will present any divided into groups by the Department
on the ability of institutions to develop, recommendations for regulatory changes and the committee will have an
and students to progress through, to the Accreditation and Innovation opportunity to vote on each.
innovative programs responsive to Committee for its consideration. Only An individual selected as a negotiator
student, employer, and societal needs, the committee has power to reach is expected to represent the interests of
including consideration of regulations consensus on regulations. his or her organization or group and
khammond on DSK30JT082PROD with PROPOSAL

that are barriers to implementation of participate in the negotiations in a
Constituencies for Negotiator
such programs, such as certain manner consistent with the goal of
Nominations
requirements for term-based academic developing proposed regulations on
calendars and satisfactory academic We have identified the following which the committee will reach
progress. constituencies as having interests that consensus. If consensus is reached, all
2. The topics that the TEACH Grants are significantly affected by the topics members of the organization or group
Subcommittee is likely to address proposed for negotiations. The represented by a negotiator are bound
include, but are not limited to: The Department plans to seat as negotiators by the consensus and are prohibited

VerDate Sep<11>2014 17:23 Oct 12, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.SGM 15OCP1

Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Proposed Rules 51909

from commenting negatively on the groups with expertise in the eligibility • Financial aid administrators at
resulting proposed regulations. The of faith-based entities to participate in postsecondary institutions.
Department will not consider any such the title IV, HEA programs. These would • State primary and secondary
negative comments on the proposed include, but are not limited to, education executive officers.
regulations that are submitted by a individuals with knowledge of the • Institutions of higher education that
member of such an organization or Federal Work Study programs, the title award or have awarded TEACH grants
group. IV, HEA discretionary grant programs, and that are eligible to receive Federal
accreditation, and other areas of the assistance under title III, Parts A, B, and
Areas of Expertise for the Distance
Department’s postsecondary education F, and title V of the HEA, which include
Learning and Educational Innovation
regulations that contain specific Historically Black Colleges and
Subcommittee
provisions concerning faith-based Universities, Hispanic-Serving
The Department plans to select entities. Nominations must include Institutions, American Indian Tribally
individuals from organizations or evidence of the nominee’s specific Controlled Colleges and Universities,
groups with expertise in direct knowledge in these areas. Such Alaska Native and Native Hawaiian-
assessment programs, distance individuals from organizations or Serving Institutions, Predominantly
education, and competency-based groups may include but are not limited Black Institutions, and other institutions
education. The subcommittee will focus to, representatives of: with a substantial enrollment of needy
on the ability of institutions to develop, • Students. students as defined in title III of the
and students to progress through, • Faith-based entities eligible for title HEA.
innovative programs responsive to IV, HEA programs.
student, employer, and societal needs. • Two-year institutions of higher
• Officers of institution-based education that award or have awarded
This subcommittee could consider Gaining Early Awareness and Readiness
revisions to regulations that are barriers TEACH grants.
for Undergraduate Program grantees.
to implementation of such programs, • Institutions of higher education • Four-year institutions of higher
including certain requirements for term- with knowledge of faith-based entities’ education that award or have awarded
based academic calendars and participation in the title IV, HEA TEACH grants.
satisfactory academic progress. programs. • Organizations or associations that
Nominations must include evidence of • Institutions of higher education represent the interests of students who
the nominee’s specific knowledge in with knowledge of faith-based entities’ participate in title IV programs.
these areas, citing specific topics participation in the title IV, HEA • Organizations or associations that
outlined in the Committee Topics programs and that are eligible to receive represent financial aid administrators.
section. Such individuals from Federal assistance under title III, Parts
organizations or groups may include but Nominations
A, B, and F, and title V of the HEA,
are not limited to, representatives of: which include Historically Black Nominations should include:
• Students. Colleges and Universities, Hispanic- • The committee or subcommittee for
• Legal assistance organizations that Serving Institutions, American Indian which the nominee is nominated.
represent students. Tribally Controlled Colleges and
• Private, nonprofit institutions of • The name of the nominee, the
Universities, Alaska Native and Native organization or group the nominee
higher education, with knowledge of Hawaiian-Serving Institutions,
direct assessment programs and represents, and a description of the
Predominantly Black Institutions, and interest that the nominee represents.
competency-based education. other institutions with a substantial
• Private, for-profit institutions of • Evidence of the nominee’s expertise
enrollment of needy students as defined or experience in the topics proposed for
higher education, with knowledge of
in title III of the HEA. negotiations.
direct assessment programs and
• Accrediting agencies.
competency-based education. • The nominee’s commitment that he
• Public institutions of higher • Associations or organizations that
or she will actively and respectfully
education, with knowledge of direct focus on issues related to faith-based
participate in good faith in the
assessment programs and competency- entities or the participation of faith-
development of the proposed
based education. based entities in Federal programs.
regulations with the goal of reaching
• Accrediting agencies. • Financial aid administrators at
consensus and without disparaging
• Associations or organizations that postsecondary institutions.
other committee members, their
provide guidance to or represent Areas of Expertise for the TEACH organizations, or their motives.
institutions with direct assessment Grants Subcommittee • The nominee’s contact information,
programs and competency-based including address, telephone number,
education. The Department plans to select
individuals from organizations or and email address.
• Financial aid administrators at
postsecondary institutions. groups with expertise in teacher For a better understanding of the
• Academic executive officers at education programs, student financial negotiated rulemaking process, prior to
postsecondary institutions. aid, and high-need teacher education committing to participate, nominees
• Non-profit organizations supporting programs. Nominations must include should review The Negotiated
inter-State agreements related to State evidence of the nominee’s specific Rulemaking Process for Title IV
khammond on DSK30JT082PROD with PROPOSAL

authorization of distance or knowledge in these areas. Such Regulations, Frequently Asked
correspondence education programs. individuals from organizations or Questions at https://www2.ed.gov/
• State higher education executives. groups may include but are not limited policy/highered/reg/hearulemaking/
to, representatives of: hea08/neg-reg-faq.html.
Areas of Expertise for the Faith-Based • Students who are or have been Nominees will be notified whether or
Entities Subcommittee TEACH Grant recipients. not they have been selected as soon as
The Department plans to select • Legal assistance organizations that the Department’s review process is
individuals from organizations or represent students. completed.

VerDate Sep<11>2014 17:23 Oct 12, 2018 Jkt 247001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\15OCP1.SGM 15OCP1

Document Created: 2018-10-13 10:03:24
Document Modified: 2018-10-13 10:03:24

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Intent to establish negotiated rulemaking committee.
Dates		We must receive your nominations for negotiators to serve on the committees on or before November 15, 2018. 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: 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 Citation		83 FR 51906
RIN Number		1840-AD36, 1840-AD37, 1840-AD38, 1840-AD40 and 1840-AD44