[Federal Register Volume 71, Number 236 (Friday, December 8, 2006)]
[Proposed Rules]
[Pages 71117-71119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20931]


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DEPARTMENT OF EDUCATION

34 CFR Parts 674, 682, and 685


Office of Postsecondary Education; Notice of Intent To Establish 
Negotiated Rulemaking Committees Under Title IV of the Higher Education 
Act of 1965, as Amended

AGENCY: Department of Education.

ACTION: Notice of negotiated rulemaking.

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SUMMARY: The Secretary of Education (Secretary) announces the 
establishment of a negotiated rulemaking committee to

[[Page 71118]]

develop proposed regulations related to the Federal student loan 
programs authorized by Title IV, Parts B, D, and E of the Higher 
Education Act of 1965, as amended (HEA). The Secretary is also 
announcing that she will establish a negotiating committee that will 
begin meeting in January to address issues related to the Academic 
Competitiveness Grant (ACG) and the National Science and Mathematics 
Access to Retain Talent (National SMART) Grant programs. The Secretary 
is still considering whether to establish additional committees to 
address accreditation issues and/or other Title IV programmatic, 
institutional eligibility and general provisions issues.
    The Secretary also is announcing that she is reopening our request 
for nominations of individual negotiators to serve on the ACG and 
National SMART Grant programs committee and any additional negotiating 
committees that may be formed to address accreditation issues and other 
Title IV programmatic, institutional eligibility, and general 
provisions issues.

DATES: The dates for the negotiation sessions are listed in the 
SUPPLEMENTARY INFORMATION section of this notice. We must receive your 
nominations for negotiators to serve on the ACG and National SMART 
Grant programs committee and on any additional committees that may be 
established to address accreditation issues and other Title IV 
programmatic, institutional eligibility, and general provisions issues 
on or before December 22, 2006.

FOR FURTHER INFORMATION CONTACT: Wendy Macias, U.S. Department of 
Education, 1990 K Street, NW., room 8017, Washington, DC 20006. 
Telephone: (202) 502-7526. E-mail: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in this section.

SUPPLEMENTARY INFORMATION: On August 18, 2006, we published a notice in 
the Federal Register (71 FR 47756) announcing our intent to establish 
up to four negotiated rulemaking committees to prepare regulations 
under Title IV of the HEA. The notice also announced a series of four 
regional hearings where interested parties could suggest issues for 
consideration for action by the negotiating committees. We also invited 
parties to submit issues for consideration in writing. In the notice, 
we requested nominations for individual negotiators who represent key 
stakeholder constituencies that are involved in the student financial 
assistance programs authorized under Title IV of the HEA to serve on 
these committees.
    After consideration of the information received at the regional 
hearings and in writing, we have decided to establish a negotiating 
committee (``Loans Committee'') that will begin meeting in December 
2006 to address issues related to the Federal student loan programs 
authorized by Title IV, Parts B, D, and E of the HEA. We list the 
topics the Loans Committee is likely to address, the members of the 
committee, and the meeting schedule for the committee elsewhere in this 
notice under Loans Committee Topics, Members, and Meeting Schedule.
    We will also establish a negotiating committee that will begin 
meeting in January 2007 to address issues related to the ACG and the 
National SMART Grant programs. We are still considering whether to 
establish additional committees to address accreditation issues and 
other Title IV programmatic, institutional eligibility and general 
provisions issues.
    We are reopening our request for nominations for individual 
negotiators who represent key stakeholder constituencies to serve on 
the ACG and National SMART Grant programs committee and any additional 
negotiating committees that may be formed to address accreditation 
issues and Title IV programmatic, institutional eligibility, and 
general provisions issues (see Invitation for Additional Nominations 
for the ACG and National SMART Grant Program Committees and Possible 
Additional Committees elsewhere in this notice). We will announce the 
members of the ACG and National SMART Grant programs committee, the 
issues this committee will likely address, and the meeting schedule for 
this committee in the Federal Register at a later date. We will 
announce the formation of any additional negotiating committees in the 
Federal Register in early 2007.

Loans Committee Topics, Members, and Meeting Schedule

    The topics the Loans Committee is likely to address are:
     Entrance Counseling for Graduate and Professional Student 
PLUS Loan borrowers.
     Discharge of student loans based on identity theft of the 
borrower.
     Eligible lender trustee relationships between Federal 
Family Education Loan (FFEL) lenders and schools or school-affiliated 
organizations.
     Use of lists of FFEL preferred lenders.
     Prohibited inducements in the FFEL program.
     FFEL loan certification and Direct Loan origination for 
non-standard term programs.
     Modifications to the Economic Hardship Deferment 
provisions and Income Contingent Repayment Formula to improve 
consideration of family size.
     Retention of disbursement records supporting Title IV, HEA 
loan program Master Promissory Notes (MPNs).
     Documentation of E-Signature standards on Title IV Loan 
Program MPNs Assigned to ED.
     Use of true and exact copies of death certificates for 
discharges of student loans based on death.
     The impact of retroactive conditional disability periods 
on total and permanent disability loan discharges.
     National Student Loan Data System reporting timeframes for 
lenders.
     Assignment of defaulted Perkins Loans.
     Eligibility requirements for the Perkins Loan Program 
Child & Family Service Cancellation
     Definition of ``reasonable and affordable'' collection 
costs in the Perkins Loan Program.
     Technical corrections.
    This list of topics is tentative. Topics may be added as the 
process continues.
    In selecting individuals from the submitted nominations, the 
Department sought to assemble a balanced and complementary 
representation of the interests affected by the subject matter, 
consistent with section 492 of the HEA. We believe the individuals 
selected will bring valuable knowledge and expertise to the table, and 
will work as a cohesive unit to assist us in developing proposed 
regulations that are both reasonable and effective. Individuals that 
were not selected as members of the committees will be able to attend 
the meetings and have access to the negotiators. The committee meetings 
will be open to the public.
    The members of the Loans Committee are:
Students: Jennifer Pae, United States Student Association
Alternate: Luke Swarthout, State Public Interest Research Groups
Legal assistance organizations that represent students: Deanne Loonin, 
National Consumer Law Center.
Public 2-Year Institutions of higher education: Darrel Hammon, Laramie 
Community College.
Alternate: Kenneth L. Whitehurst, North Carolina Community Colleges.

[[Page 71119]]

Public 4-Year Institutions of higher education: Pamela W. Fowler, 
University of Michigan.
Alternate: Patricia McClug, University of Wyoming.
Private, non-profit Institutions of higher education: Elizabeth Hicks, 
Massachusetts Institute of Technology.
Alternate: Ellen Frishberg, Johns Hopkins University.
Private, for-profit postsecondary education institution: Jeff Arthur, 
ECPI College of Technology.
Alternate: Robert Collins, Apollo Group, Inc.
Historically Black Colleges and Universities: Shari Crittendon, United 
Negro College Fund.
Alternate: Dr. N. Joyce Payne, National Association of State and Land 
Grant Colleges and Universities.
Guaranty agencies: Scott Giles, Vermont Student Assistance Corporation.
Alternate: Rachael Lohman, Pennsylvania Higher Education Assistance 
Agency.
FFEL Program Lenders: Tom Levandowski, Wachovia Corporation.
Alternate: Lee Woods, Chase Education Finance.
Secondary markets: Phil Van Horn, Wyoming Student Loan Corporation.
Alternate: Robert L. Zier, Indiana Secondary Market for Education Loan 
Program, Inc.
Loan servicers: Robert Sommer, Sallie Mae.
Alternate: Wanda Hall, EDFinancial Services.
Guaranty agency servicers: Richard George, Great Lakes Education 
Guaranty Corporation.
Alternate: Gene Hutchins, New Jersey Higher Education Assistance 
Authority.
Institutions of higher education that participate in the Federal Direct 
Loan Program: Eileen O'Leary, Stonehill College.
Alternate: Christine W. McGuire, Boston University.
Institutions of higher education that participate in the Perkins Loan 
Program: Alisa Abadinsky, University of Illinois at Chicago.
Alternate: Karen Fooks, University of Florida.
    We will hold a total of three meetings, all of which will be held 
in the metropolitan Washington, DC area. The following is the schedule 
for negotiations. This schedule is subject to change.
     Session 1: December 12-14.
     Session 2: January 29-February 1.
     Session 3: February 26-February 28.
    The December 12-14 negotiating session is scheduled from 1 to 5 
p.m. on December 12th; 9 a.m. to 5 p.m. on December 13th; and 9 a.m. to 
4 p.m. on December 14th. The Committee will convene at the Marriott 
Crystal Gateway at 1700 Jefferson Davis Highway, Arlington, Virginia.
    We will post information about the January and February negotiating 
sessions, including information on the meeting sites and any schedule 
changes, at http://www.ed.gov/policy/highered/reg/hearulemaking/2007/nr.html.
    Participation in the rulemaking process is not limited to members 
of the committee or those who work with the committee. Following the 
negotiated rulemaking process, we will publish proposed regulations in 
the Federal Register for public comment. The target date for 
publication of proposed regulations developed by this committee is May 
2007.

Invitation for Additional Nominations for the ACG and National SMART 
Grant Programs Committee and Possible Additional Committees

    We are reopening our request for nominations for individual 
negotiators who represent key stakeholder constituencies that are 
involved in the student financial assistance programs authorized under 
Title IV of the HEA to serve on the ACG and National SMART Grant 
programs committee and any committee that may be formed to address 
accreditation issues (Title IV, Part H of the HEA) or other 
programmatic, institutional eligibility, and general provisions issues 
related to Title IV, Parts A (except for ACG and National SMART Grant 
programs), C, G, and H (except subpart 2) of the HEA, as well as Title 
II, Section 208(b)(2) of the HEA. Nominations must be received on or 
before December 22, 2006.
    The Secretary has identified the following constituencies as having 
interests that are significantly affected by the subject matter of the 
negotiating committee for the ACG and National SMART Grant Programs and 
the committees that may be established to negotiate changes to the 
other regulations. These constituencies are:
     Students.
     Legal assistance organizations that represent students.
     Financial aid administrators at institutions of higher 
education.
     Business officers and bursars at institutions of higher 
education.
     Institutional servicers (including collection agencies).
     Trustees.
     State higher education executive officers.
     Business and industry.
     Institutions of higher education eligible to receive 
Federal assistance under Title III, Parts A and B, and Title V of the 
HEA, which includes 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.
     Private, non-profit institutions of higher education.
     Private, for-profit institutions of higher education.
     Guaranty agencies and guaranty agency servicers (including 
collection agencies).
     Lenders, secondary markets, and loan servicers.
     Accrediting agencies.
     K-12 public schools, including charter schools.
     State Governors.
     Private schools and home schooled students.
     Admissions officers at postsecondary education 
institutions.
     Parent organizations.
     Organizations related to National SMART Grant majors.
    Individuals who were nominated for these committees in response to 
our earlier notice do not need to be renominated.

Electronic Access to This Document

    You may view this document in text or Adobe Portable Document 
Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office toll free at 1-888-293-6498; or in the 
Washington, DC area at (202) 512-1530.

    Note: 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 on GPO Access at: http://www.gpoaccess.gov/nara/index.html.


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

    Dated: December 5, 2006.
James F. Manning,
Delegated the Authority of Assistant Secretary for Postsecondary 
Education.
[FR Doc. E6-20931 Filed 12-7-06; 8:45 am]
BILLING CODE 4000-01-P