[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Proposed Rules]
[Pages 25650-25652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10909]
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2011-OPE-0003]
Negotiated Rulemaking Committees; Public Hearings
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Intent to establish negotiated rulemaking committees.
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SUMMARY: We announce our intention to establish one or more negotiated
rulemaking committees to propose regulations under the Higher Education
Act of 1965, as amended (HEA). The committees will include
representatives of organizations or groups with interests that are
significantly affected by the subject matter of the proposed
regulations, as described more fully in the Regulatory Issues section
of this document. We also announce three public hearings, at which
interested parties may suggest additional issues that should be
considered for action by the negotiating committees. In addition, for
anyone unable to attend a public hearing, we announce that the
Department will accept written comments.
Finally, the Department announces that it will conduct roundtable
discussions that focus on the areas of teacher preparation, college
completion, and the Department's proposed ``First in the World''
competition, as more fully described in the Roundtable Discussions
section of this document.
DATES: The dates, times, and locations of the public hearings and the
roundtable discussions are listed under the SUPPLEMENTARY INFORMATION
section of this notice. We must receive written comments suggesting
issues that should be considered for action by the negotiating
committees on or before May 20, 2011.
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 e-mail. Please submit your comments only
one time, in order to ensure that we do not receive duplicate copies.
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 finding a notice,
submitting a comment, finding a comment, and signing up for e-mail
alerts, is available on the site under ``How to Use Regulations.gov''
in the Help section.
Postal Mail, Commercial Delivery, or Hand Delivery. If you
mail or deliver your comments about these proposed regulations, address
them to Nikki Harris, U.S. Department of Education, 1990 K Street, NW.,
room 8033, Washington, DC 20006.
Privacy Note: The Department's policy for comments received from
members of the public (including those comments submitted by mail,
commercial delivery, or hand delivery) is to make these submissions
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 on the Internet.
FOR FURTHER INFORMATION CONTACT: For information about the public
hearings and roundtable discussions, go to http://www2.ed.gov/policy/highered/reg/hearulemaking/2011/hearings.html or contact: Nikki Harris,
U.S. Department of Education, 1990 K Street, NW., room 8033,
Washington, DC 20006. Telephone: (202) 219-7050. You may also e-mail
your questions about the public hearings to: [email protected].
For information about negotiated rulemaking in general, go to The
Negotiated Rulemaking Process for Title
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IV Regulations, Frequently Asked Questions at http://www.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html or contact: Wendy
Macias, U.S. Department of Education, 1990 K Street, NW., room 8017,
Washington, DC 20006. Telephone: (202) 502-7526. You may also e-mail
your questions about negotiated rulemaking to: [email protected].
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
accessible format (e.g., braille, large print, audiotape, or computer
diskette) by contacting Nikki Harris, U.S. Department of Education,
1990 K Street, NW., room 8033, Washington DC 20006 Telephone: (202)
219-7050.
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, HEA regulations by following the
negotiated rulemaking procedures in section 492 of the HEA.
We intend to select participants for each negotiated rulemaking
committees from nominees of the organizations and groups that represent
the interests significantly affected by the proposed regulations. To
the extent possible, we will select, from the nominees, individual
negotiators who reflect the diversity among program participants, in
accordance with section 492(b)(1) of the HEA.
In addition, the Secretary is interested in receiving public
comment on the issues summarized in the Roundtable Discussions section
of this notice. The Secretary is particularly interested in receiving
public comment on the development of proposed regulations under
sections 205 and 207 in title II of the HEA on streamlining
institutional reporting requirements and improving State identification
of low-performing teacher preparation programs.
Regulatory Issues
We intend to convene at least one committee to develop proposed
regulations to address title IV loan program issues. These regulations
would address issues such as those arising from the changes made to the
HEA by the Student Aid Fiscal Responsibility Act (SAFRA), title II of
the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-
152), which ended the origination of loans under the Federal Family
Education Loan (FFEL) Program as of July 1, 2010. With this statutory
change, all new Stafford, PLUS and Consolidation loan originations with
a first disbursement on or after July 1, 2010, are made under the
William D. Ford Federal Direct Loan (Direct Loan) Program. As a result
of the statutory change, the Department intends to streamline the loan
program regulations by repealing unnecessary FFEL Program regulations
in 34 CFR part 682 and incorporating and modifying necessary
requirements within the Direct Loan Program regulations in 34 CFR part
685, as appropriate. In addition, we intend to address, through
negotiated rulemaking, other issues in the Federal student loan
programs, including possible changes in the regulations governing the
income-contingent and income-based repayment plans and the process for
making total and permanent disability determinations.
As noted elsewhere in this notice, we are also considering
developing proposed regulations to streamline institutional reporting
requirements, and proposed regulations regarding better State
identification of low-performing teacher preparation programs pursuant
to sections 205 and 207 of the HEA through focusing reporting on
improved measures of program quality.
After a complete review of the public comments presented at the
public hearings and in the written submissions, we will publish a
subsequent document (or documents) announcing the specific subject
areas for which we intend to establish one or more negotiated
rulemaking committees, and a request for nominations for individual
negotiators who represent the interests significantly affected by the
proposed regulations.
Public Hearings
We will hold three public hearings for interested parties to
discuss the rulemaking agenda. The public hearings will be held on:
May 16, 2011, at Pacific Lutheran University in Tacoma,
Washington
May 19, 2011, at Loyola University-Lakeshore Campus in
Chicago, Illinois
May 26, 2011, at College of Charleston in Charleston,
South Carolina
The public hearings will be held from 9:00 a.m. to 4:00 p.m., local
time. Further information on the public hearing sites, including
addresses and directions, is available at http://www2.ed.gov/policy/highered/reg/hearulemaking/2011/hearings.html.
Individuals desiring to present comments at the public hearings
must register by sending an e-mail to [email protected]. The e-mail
should include the name of the presenter along with 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 attempt to accommodate each speaker's
preference but, if we are unable to do so, we will make the
determination based on the time and date the e-mail was received. It is
likely that each participant will be limited to five minutes. The
Department will notify registrants indicating the specific location 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 walk-
in 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.
Speakers may also submit written comments. In addition, for anyone
who does not present comments at a public hearing, the Department will
accept written comments through May 20, 2011. (See the ADDRESSES
sections of this document for submission information.)
Roundtable Discussions
On the day following each public hearing, the Department intends to
conduct roundtable discussions at the same location as each public
hearing, from 9:00 a.m. to 1:00 p.m. local time. The Department also
intends to conduct roundtable discussions from 9:00 a.m. to 1:00 p.m.
local time at Tennessee State University in Nashville, Tennessee on May
12, 2011. The Department may hold additional roundtable discussions,
which will be announced on the Department's Web site at: http://www2.ed.gov/policy/highered/reg/hearulemaking/2011/roundtable.html.
These roundtable discussions are intended to complement the
hearings, which will have a broader focus, and inform the policy
development process in the specific areas of teacher
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preparation, college completion, and a ``First in the World''
competition. For those unable to attend one of the policy roundtable
discussions, we will also accept written comments and suggestions on
the topics discussed at the roundtable.
The Department intends to use these roundtable discussions to
inform our postsecondary education policies in three key areas--teacher
preparation, college completion, and the proposed ``First in the
World'' grant competition, proposed in the President's fiscal year (FY)
2012 budget under the Fund for the Improvement of Postsecondary
Education (FIPSE). The three roundtable discussions at each of the four
locations announced above will each focus on one of these areas.
The first topic will be the design and implementation plans for
teacher preparation programs. We will discuss: (1) The proposed
Presidential Teaching Fellows program along with the already authorized
Honorable Augustus F. Hawkins Centers for Excellence program (subpart
2, part B, title II of the HEA) for which the Administration has
requested funding; (2) ways in which the Department can streamline
institutional reporting requirements; and (3) State identification of
low-performing teacher preparation programs pursuant to sections 205
and 207 of the HEA.
A second topic will be college completion, with a focus on
obtaining information about State-level reform efforts that show the
most promise for increasing college completion. We will also discuss
the College Completion Incentive Grants program, proposed in the
President's fiscal year (FY) 2012 budget, which would encourage States
to make systemic reforms in their higher education systems to increase
the number of students who complete a postsecondary degree or
certificate program and also reward institutions within those States
that increase their completion rates.
The third topic will be possible priorities and structure for the
(FIPSE) ``First in the World'' competition. The purpose of this
discussion is to obtain information about institutional reform efforts
that show the most promise for increasing college completion, expanding
institutional capacity, and improving quality of student outcomes. This
input will be used to inform the development of competitive preferences
and invitational priorities and the structure of the FIPSE ``First in
the World'' competition.
While the Department is inviting representatives of students,
families, teachers, teacher educators, college access professionals,
and college success practitioners to participate in these roundtable
discussions, the roundtable discussions will also be open to the
public, with opportunities to provide public comment. Individuals
desiring to participate in the roundtable discussions must register by
sending an email to [email protected]. The email
should include the name of the participant and his or her affiliation,
and identify which policy roundtable discussion she or he would like to
participate in, and at which location. We will attempt to accommodate
each participant's preference but, if we are unable to do so, we will
make the determination based on the time and date the email was
received. The Department will notify each registrant by email of the
specific location and roundtable discussion he or she was selected to
participate in. An individual may only participate in one roundtable
discussion per location. 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 participate in the
same roundtable discussion, and to select among registrants to ensure
that a broad range of entities and individuals are allowed to present.
We will accept walk-in participants on a first-come first-served basis
beginning at 8:30 a.m. on the day of each roundtable discussion at the
Department's on-site registration table.
The public hearing/roundtable sites are accessible to individuals
with disabilities. Individuals needing an auxiliary aid or service to
participate in the hearing or a roundtable discussion (e.g.,
interpreting service, assistive listening device, or materials in
alternative format), should notify the contact person identified for
information about hearings listed under FOR FURTHER INFORMATION CONTACT
in this document in advance of the scheduled hearing date. Although we
will attempt to meet any request we receive, we may not be able to make
available the requested auxiliary aid or service if we do not have
sufficient time to arrange it.
Schedule for Negotiations
We anticipate that any negotiated rulemaking committees established
after these public hearings will begin negotiations in August or
September 2011, with each committee meeting for up to three sessions of
approximately three days at roughly monthly intervals. The committees
will meet in the Washington, DC area. The dates and locations of these
meetings will be announced in a subsequent document in the Federal
Register, and will be posted on the Department's Web site at: http://www2.ed.gov/policy/highered/reg/hearulemaking/2011/hearings.html.
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: http://www.gpo.gov/fdsys. At this site you can view this document,
as well as all other documents of this Department published in the
Federal Register, in text or Adobe Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at: http://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. 1022-1022h, 1098a.
Dated: April 28, 2011.
Eduardo M. Ochoa,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2011-10909 Filed 5-4-11; 8:45 am]
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