Office of Postsecondary Education; Notice of Negotiated Rulemaking for Programs Authorized Under Title IV of the Higher Education Act of 1965, as Amended, 46399-46401 [E9-21695]
Download as PDF
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Proposed Rules
Dated: August 28, 2009.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of
Diversion Control.
[FR Doc. E9–21698 Filed 9–8–09; 8:45 am]
Note: For general information about the
negotiated rulemaking process, see The
Negotiated Rulemaking Process for Title IV
Regulations, Frequently Asked Questions at
https://www.ed.gov/policy/highered/reg/
hearulemaking/hea08/neg-reg-faq.html.
BILLING CODE 4410–09–P
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 the contact person under FOR
FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: On May
26, 2009, we published a notice in the
Federal Register (74 FR 24728)
announcing our intent to establish
negotiated rulemaking committees to
develop proposed regulations (1)
governing foreign schools, including the
implementation of the changes made to
the HEA by the Higher Education
Opportunity Act of 2008 (HEOA), Public
Law 110–315, that affect foreign
schools; and (2) to maintain or improve
program integrity in the Title IV, HEA
programs. We announced our intent to
develop these proposed regulations by
following the negotiated rulemaking
procedures in section 492 of the HEA.
The notice also announced a series of
three regional hearings at which
interested parties could comment on the
topics suggested by the Department, and
suggest additional topics for
consideration for action by the
negotiating committees. We invited
parties to comment and submit topics
for consideration in writing, as well. We
heard testimony and received written
comments from approximately 290
individuals. Transcripts from the
hearings and copies of the written
comments can be found at https://
www.ed.gov/policy/highered/reg/
hearulemaking/2009/negregsummerfall.html.
Regulatory Issues: After consideration
of the information received at the
regional hearings and in writing, we
have decided to establish the following
two negotiating committees:
• Team I—Program Integrity Issues
• Team II—Foreign School Issues
We received many comments
suggesting that we negotiate issues
related to the student loan programs
authorized under Title IV of the HEA.
As we anticipate the need to convene a
negotiated rulemaking committee
following the completion of pending
legislative action related to student
loans, we will not be including student
loan issues on the agenda at this time.
Many of those who testified and those
who provided written comments made
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
Office of Postsecondary Education;
Notice of Negotiated Rulemaking for
Programs Authorized Under Title IV of
the Higher Education Act of 1965, as
Amended
Department of Education.
Notice of establishment of
negotiated rulemaking committees.
AGENCY:
ACTION:
SUMMARY: We announce our intention to
establish two negotiated rulemaking
committees to prepare proposed
regulations under Title IV of the Higher
Education Act of 1965, as amended
(HEA). Each 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 that are
involved in the student financial
assistance programs authorized under
Title IV of the HEA to serve on these
committees.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
DATES: We must receive your
nominations for negotiators to serve on
the committees on or before September
25, 2009.
ADDRESSES: Please send your
nominations for negotiators to Patty
Chase, U.S. Department of Education,
1990 K Street, NW., room 8034,
Washington, DC 20006, or by fax at
(202) 502–7874. You may also e-mail
your nominations to
Patty.Chase@ed.gov. Nominees will be
notified whether or not they have been
selected as negotiators, as soon as the
Department’s review process is
completed.
FOR FURTHER INFORMATION CONTACT: For
information about the content of this
notice, including information about the
negotiated rulemaking process or the
nomination submission process 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 the
nomination submission process to:
Wendy.Macias@ed.gov.
VerDate Nov<24>2008
16:09 Sep 08, 2009
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Fmt 4702
Sfmt 4702
46399
the case for changes to bankruptcy rules
as they relate to student loans; some
also called for changes in statutes of
limitations and loan refinancing rules.
While those issues are important,
addressing them would require action
by Congress.
We also received comments
suggesting revisions to the institutional
financial responsibility regulations for
Title IV, HEA institutional eligibility.
We agree that this is an area where
changes may be beneficial. However,
significant analysis must be done by the
Department before we can bring this
issue to a committee for negotiation. We
will be beginning this process in the
near future. More information about the
public aspects of this process will be
forthcoming on the Department’s Web
site.
We list the topics each committee is
likely to address during this round of
negotiations elsewhere in this notice
under Committee Topics.
We intend to select negotiators for the
committees that represent the interests
significantly affected by the topics
proposed for negotiations. In so doing,
we will follow the requirement in
section 492(b)(1) of the HEA that the
individuals selected must have
demonstrated expertise or experience in
the relevant subjects under negotiation.
We will also select individual
negotiators who reflect the diversity
among program participants, in
accordance with section 492(b)(1) of the
HEA. Our goal is to establish
committees that will allow significantly
affected parties to be represented while
keeping the committee size manageable.
The committees may create subgroups
on particular topics that would involve
additional individuals who are not
members of the committees. Individuals
who are not selected as members of the
committees will be able to attend the
meetings, have access to the individuals
representing their constituencies, and
participate in informal working groups
on various issues between the meetings.
The committee meetings will be open to
the public.
The Department has identified the
following constituencies as having
interests that are significantly affected
by the topics proposed for negotiations.
The Department plans to seat as
negotiators individuals from
organizations or groups representing
each of these constituencies. The
Department anticipates that individuals
from organizations or groups
representing each of these
constituencies will participate as
members of one or more committees as
appropriate. These constituencies are:
• Students.
E:\FR\FM\09SEP1.SGM
09SEP1
jlentini on DSKJ8SOYB1PROD with PROPOSALS
46400
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Proposed Rules
• Legal assistance organizations that
represent students.
• Consumer advocacy organizations.
• Financial aid administrators at
postsecondary institutions.
• Business officers and bursars at
postsecondary institutions.
• Admissions officers at
postsecondary institutions.
• Institutional third-party servicers
who perform functions related to the
Title IV programs (including collection
agencies).
• State higher education executive
officers.
• State Attorneys General and other
appropriate State officials.
• 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 include
Historically Black Colleges and
Universities, Hispanic-Serving
Institutions, American Indian Tribally
Controlled Colleges and Universities,
Alaska Native and Native HawaiianServing 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.
• Regional accrediting agencies.
• National accrediting agencies.
• Specialized accrediting agencies.
• State approval agencies.
• State student grant agencies.
• State agencies addressing secondary
education.
• Private secondary schools.
• Home schools for secondary
education.
• Foreign institutions.
• Governmental entities overseeing
public foreign institutions.
• Clinical sites of foreign medical
institutions located in the United States
(for Team II—Foreign School Issues,
Issues specific to foreign medical
schools).
• State agencies that certify clinical
sites of foreign medical institutions in
the United States (for Team II—Foreign
School Issues, Issues specific to foreign
medical schools).
The negotiation of proposed
regulations for issues specific to foreign
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16:09 Sep 08, 2009
Jkt 217001
medical schools on the Team II agenda
requires some specific constituencies
who are affected parties for purposes of
these issues only.
For these issues, we will be selecting
‘‘single-issue negotiators’’ whose
participation on the committee will be
limited to the negotiation of only the
issues specific to foreign medical
schools. As previously noted, the
committee may form subgroups for
preliminary discussions of these, or
other, issues to include individuals who
are not members of the committee but
who have expertise that would be
helpful.
The goal of each committee is to
develop proposed regulations that
reflect a final consensus of the
committee. Consensus means that there
is no dissent by any member of the
negotiating committee. An individual
selected as a negotiator will be expected
to represent the interests of their
organization or group. If consensus is
reached, all members of the organization
or group represented by a negotiator are
bound by the consensus and are
prohibited from commenting negatively
on the resulting proposed regulations.
The Department will not consider any
such negative comments that are
submitted by members of such an
organization or group.
Nominations should include:
• The name of the nominee, the
organization or group the nominee
represents, and a description of the
interests that the nominee represents.
• Evidence of the nominee’s expertise
or experience in the subject, or subjects,
to be negotiated.
• Evidence of support from
individuals or groups of the
constituency that the nominee will
represent.
• The nominee’s commitment that he
or she will actively participate in good
faith in the development of the
proposed regulations.
• The nominee’s contact information,
including address, phone number, fax
number, and e-mail address.
For a better understanding of the
negotiated rulemaking process,
nominees should review The Negotiated
Rulemaking Process for Title IV
Regulations, Frequently Asked
Questions at https://www.ed.gov/policy/
highered/reg/hearulemaking/hea08/negreg-faq.html prior to committing to
serve as a negotiator.
Committee Topics
The topics the committees are likely
to address are as follows:
Team I—Program Integrity Issues
• Satisfactory academic progress.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
• Monitoring grade point averages.
• Incentive compensation.
• Gainful employment in a
recognized occupation.
• State authorization as a component
of institutional eligibility.
• Definition of a credit hour.
• Verification of information
included on a Free Application for
Federal Student Aid (FAFSA).
• Definition of a high school diploma
for purposes of establishing eligibility to
participate in Federal student aid
programs.
• Misrepresentation of information
provided to students and prospective
students.
• Ability to benefit.
• Agreements between institutions of
higher education.
• Retaking coursework.
• Term-based module programs.
• Institutions required to take
attendance for purposes of the Return of
Title IV Funds requirements.
• Timeliness and method of
disbursement of Title IV funds.
Team II—Foreign School Issues
• United States Generally Accepted
Accounting Principles (U.S. GAAP)
financial statements (section 493(b) of
the HEOA).
• Compliance audits (section 493(b)
of the HEOA).
• Definition of a foreign school.
• Non-profit status for foreign
schools.
• Public foreign schools and financial
responsibility.
• Consolidation of select Title IV
requirements on a countrywide basis.
• Deferments for eligible non-citizens.
• Non-degree programs.
• Issues specific to foreign medical
schools:
Æ New eligibility criteria for foreign
medical schools (section 102(a)(1)(B)
and (b) of the HEOA).
Æ Clinical sites of foreign medical
schools in other countries.
Æ Basic science locations of foreign
medical schools in other countries.
• Eligibility requirements for foreign
veterinary schools.
• Eligibility requirements for foreign
nursing schools (sections 102(a)(1)(A)
and (D) of the HEOA).
• Foreign medical and veterinary
schools certified separately from larger
school.
These topics are tentative. Topics may
be added or removed as the process
continues.
Schedule for Negotiations
We anticipate that negotiations for
these committees will begin at the end
of October 2009, with each committee
E:\FR\FM\09SEP1.SGM
09SEP1
Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Proposed Rules
Electronic Access to This Document
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), on the Internet
at the following site: https://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.
ENVIRONMENTAL PROTECTION
AGENCY
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: https://www.gpoaccess.gov/nara/
index.html.
[EPA–HQ–OAR–2008–0697; FRL–8948–9]
Program Authority: 20 U.S.C. 1098a.
Delegation of Authority: The Secretary
of Education has delegated authority to
Daniel T. Madzelan, Director,
Forecasting and Policy Analysis for the
Office of Postsecondary Education, to
perform the functions and duties of the
Assistant Secretary for Postsecondary
Education.
Dated: September 3, 2009.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
[FR Doc. E9–21695 Filed 9–8–09; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R4-ES-2009-0029
MO 9221050083-B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition to List the Eastern Population
of the Gopher Tortoise (Gopherus
polyphemus) as Threatened
AGENCY:
Fish and Wildlife Service,
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Interior.
ACTION: Notice of 90–day petition
finding and initiation of status review.
SUMMARY: We, the U.S. Fish and
Wildlife Service, announce a 90–day
finding on a petition to list the eastern
population of the gopher tortoise
(Gopherus polyphemus) as threatened
under the Endangered Species Act of
1973, as amended (Act) and designate
critical habitat. Herein, the Service
refers to the eastern population of the
gopher tortoise as the gopher tortoise in
the eastern portion of its range.
VerDate Nov<24>2008
16:09 Sep 08, 2009
Jkt 217001
RIN 2060–AP08
Revisions to Test Method for
Determining Stack Gas Velocity Taking
Into Account Velocity Decay Near the
Stack Walls
Correction
In proposed rule document E9–20395
beginning on page 42819 in the issue of
Tuesday, August 25, 2009 make the
following correction:
Appendix A–2 to Part 60
[Corrected]
On page 42819, in Appendix A–2 to
Part 60, Equation 2H–1 is reprinted
correctly to read as set forth below:
BILLING CODE 4000–01–P
⎛ p −1 ⎞ 2
1 2
d rem = r − ⎜
⎟ r − rdlast + dlast
p ⎠
2
⎝
[FR Doc. Z9–20395 Filed 9–8–09; 8:45 am]
40 CFR Part 60
Eq. 2H-1
Following a review of the petition, we
find that the petition presents
substantial scientific or commercial
information indicating that listing the
gopher tortoise in the eastern portion of
its range may be warranted. Therefore,
with the publication of this notice, we
are initiating a status review to
determine if listing the gopher tortoise
in the eastern portion of the range is
warranted. To ensure that the status
review is comprehensive, we are
soliciting scientific and commercial data
and other information regarding the
status of and threats facing the gopher
tortoise throughout all of its range.
DATES: We made the finding announced
in this document on September 9, 2009.
To allow us adequate time to conduct
this review, we request that we receive
information on or before November 9,
2009 to allow us time to review and
consider the information in our status
review.
ADDRESSES: You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS-R4ES-2009-0029; Division of Policy and
Directives Management; U.S. Fish and
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will post all information received
on https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
David L. Hankla, Field Supervisor,
Jacksonville Ecological Services Field
Office, 7915 Baymeadows Way, Suite
200, Jacksonville, FL 32256, by
telephone 904/731-3336, or by facsimile
904/731-3045. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a
petition presents substantial
information indicating that listing a
species may be warranted, we are
required to promptly commence a
review of the status of the species. To
ensure that the status review is
complete and based on the best
available scientific and commercial
information, we are soliciting
information concerning the status of the
gopher tortoise throughout all of its
range. We request information from
other concerned governmental agencies,
Native American Tribes, the scientific
community, industry, or any other
interested parties concerning the status
E:\FR\FM\09SEP1.SGM
09SEP1
EP25AU09.003
meeting for three sessions of
approximately five days at roughly
monthly intervals. Meetings will start
on a Monday at 1:00 and end on a
Friday at noon. The committees will
meet in the Washington, DC area. The
dates and locations of these meetings
will be posted on the Department’s Web
site at: https://www.ed.gov/policy/
highered/reg/hearulemaking/2009/
negreg-summerfall.html.
The schedule for these negotiations
has been developed to ensure
publication of the final regulations by
the November 1, 2010 statutory deadline
for publishing Title IV, HEA student
financial assistance final regulations.
46401
Agencies
[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Proposed Rules]
[Pages 46399-46401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21695]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
Office of Postsecondary Education; Notice of Negotiated
Rulemaking for Programs Authorized Under Title IV of the Higher
Education Act of 1965, as Amended
AGENCY: Department of Education.
ACTION: Notice of establishment of negotiated rulemaking committees.
-----------------------------------------------------------------------
SUMMARY: We announce our intention to establish two negotiated
rulemaking committees to prepare proposed regulations under Title IV of
the Higher Education Act of 1965, as amended (HEA). Each 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 that are involved in the
student financial assistance programs authorized under Title IV of the
HEA to serve on these committees.
DATES: We must receive your nominations for negotiators to serve on the
committees on or before September 25, 2009.
ADDRESSES: Please send your nominations for negotiators to Patty Chase,
U.S. Department of Education, 1990 K Street, NW., room 8034,
Washington, DC 20006, or by fax at (202) 502-7874. You may also e-mail
your nominations to Patty.Chase@ed.gov. Nominees will be notified
whether or not they have been selected as negotiators, as soon as the
Department's review process is completed.
FOR FURTHER INFORMATION CONTACT: For information about the content of
this notice, including information about the negotiated rulemaking
process or the nomination submission process 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 the nomination submission process to:
Wendy.Macias@ed.gov.
Note: For general information about the negotiated rulemaking
process, see The Negotiated Rulemaking Process for Title IV
Regulations, Frequently Asked Questions at https://www.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html.
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 the contact person under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: On May 26, 2009, we published a notice in
the Federal Register (74 FR 24728) announcing our intent to establish
negotiated rulemaking committees to develop proposed regulations (1)
governing foreign schools, including the implementation of the changes
made to the HEA by the Higher Education Opportunity Act of 2008 (HEOA),
Public Law 110-315, that affect foreign schools; and (2) to maintain or
improve program integrity in the Title IV, HEA programs. We announced
our intent to develop these proposed regulations by following the
negotiated rulemaking procedures in section 492 of the HEA. The notice
also announced a series of three regional hearings at which interested
parties could comment on the topics suggested by the Department, and
suggest additional topics for consideration for action by the
negotiating committees. We invited parties to comment and submit topics
for consideration in writing, as well. We heard testimony and received
written comments from approximately 290 individuals. Transcripts from
the hearings and copies of the written comments can be found at https://www.ed.gov/policy/highered/reg/hearulemaking/2009/negreg-summerfall.html.
Regulatory Issues: After consideration of the information received
at the regional hearings and in writing, we have decided to establish
the following two negotiating committees:
Team I--Program Integrity Issues
Team II--Foreign School Issues
We received many comments suggesting that we negotiate issues
related to the student loan programs authorized under Title IV of the
HEA. As we anticipate the need to convene a negotiated rulemaking
committee following the completion of pending legislative action
related to student loans, we will not be including student loan issues
on the agenda at this time. Many of those who testified and those who
provided written comments made the case for changes to bankruptcy rules
as they relate to student loans; some also called for changes in
statutes of limitations and loan refinancing rules. While those issues
are important, addressing them would require action by Congress.
We also received comments suggesting revisions to the institutional
financial responsibility regulations for Title IV, HEA institutional
eligibility. We agree that this is an area where changes may be
beneficial. However, significant analysis must be done by the
Department before we can bring this issue to a committee for
negotiation. We will be beginning this process in the near future. More
information about the public aspects of this process will be
forthcoming on the Department's Web site.
We list the topics each committee is likely to address during this
round of negotiations elsewhere in this notice under Committee Topics.
We intend to select negotiators for the committees that represent
the interests significantly affected by the topics proposed for
negotiations. In so doing, we will follow the requirement in section
492(b)(1) of the HEA that the individuals selected must have
demonstrated expertise or experience in the relevant subjects under
negotiation. We will also select individual negotiators who reflect the
diversity among program participants, in accordance with section
492(b)(1) of the HEA. Our goal is to establish committees that will
allow significantly affected parties to be represented while keeping
the committee size manageable.
The committees may create subgroups on particular topics that would
involve additional individuals who are not members of the committees.
Individuals who are not selected as members of the committees will be
able to attend the meetings, have access to the individuals
representing their constituencies, and participate in informal working
groups on various issues between the meetings. The committee meetings
will be open to the public.
The Department has identified the following constituencies as
having interests that are significantly affected by the topics proposed
for negotiations. The Department plans to seat as negotiators
individuals from organizations or groups representing each of these
constituencies. The Department anticipates that individuals from
organizations or groups representing each of these constituencies will
participate as members of one or more committees as appropriate. These
constituencies are:
Students.
[[Page 46400]]
Legal assistance organizations that represent students.
Consumer advocacy organizations.
Financial aid administrators at postsecondary
institutions.
Business officers and bursars at postsecondary
institutions.
Admissions officers at postsecondary institutions.
Institutional third-party servicers who perform functions
related to the Title IV programs (including collection agencies).
State higher education executive officers.
State Attorneys General and other appropriate State
officials.
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 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.
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.
Regional accrediting agencies.
National accrediting agencies.
Specialized accrediting agencies.
State approval agencies.
State student grant agencies.
State agencies addressing secondary education.
Private secondary schools.
Home schools for secondary education.
Foreign institutions.
Governmental entities overseeing public foreign
institutions.
Clinical sites of foreign medical institutions located in
the United States (for Team II--Foreign School Issues, Issues specific
to foreign medical schools).
State agencies that certify clinical sites of foreign
medical institutions in the United States (for Team II--Foreign School
Issues, Issues specific to foreign medical schools).
The negotiation of proposed regulations for issues specific to
foreign medical schools on the Team II agenda requires some specific
constituencies who are affected parties for purposes of these issues
only.
For these issues, we will be selecting ``single-issue negotiators''
whose participation on the committee will be limited to the negotiation
of only the issues specific to foreign medical schools. As previously
noted, the committee may form subgroups for preliminary discussions of
these, or other, issues to include individuals who are not members of
the committee but who have expertise that would be helpful.
The goal of each committee is to develop proposed regulations that
reflect a final consensus of the committee. Consensus means that there
is no dissent by any member of the negotiating committee. An individual
selected as a negotiator will be expected to represent the interests of
their organization or group. If consensus is reached, all members of
the organization or group represented by a negotiator are bound by the
consensus and are prohibited from commenting negatively on the
resulting proposed regulations. The Department will not consider any
such negative comments that are submitted by members of such an
organization or group.
Nominations should include:
The name of the nominee, the organization or group the
nominee represents, and a description of the interests that the nominee
represents.
Evidence of the nominee's expertise or experience in the
subject, or subjects, to be negotiated.
Evidence of support from individuals or groups of the
constituency that the nominee will represent.
The nominee's commitment that he or she will actively
participate in good faith in the development of the proposed
regulations.
The nominee's contact information, including address,
phone number, fax number, and e-mail address.
For a better understanding of the negotiated rulemaking process,
nominees should review The Negotiated Rulemaking Process for Title IV
Regulations, Frequently Asked Questions at https://www.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html prior to committing
to serve as a negotiator.
Committee Topics
The topics the committees are likely to address are as follows:
Team I--Program Integrity Issues
Satisfactory academic progress.
Monitoring grade point averages.
Incentive compensation.
Gainful employment in a recognized occupation.
State authorization as a component of institutional
eligibility.
Definition of a credit hour.
Verification of information included on a Free Application
for Federal Student Aid (FAFSA).
Definition of a high school diploma for purposes of
establishing eligibility to participate in Federal student aid
programs.
Misrepresentation of information provided to students and
prospective students.
Ability to benefit.
Agreements between institutions of higher education.
Retaking coursework.
Term-based module programs.
Institutions required to take attendance for purposes of
the Return of Title IV Funds requirements.
Timeliness and method of disbursement of Title IV funds.
Team II--Foreign School Issues
United States Generally Accepted Accounting Principles
(U.S. GAAP) financial statements (section 493(b) of the HEOA).
Compliance audits (section 493(b) of the HEOA).
Definition of a foreign school.
Non-profit status for foreign schools.
Public foreign schools and financial responsibility.
Consolidation of select Title IV requirements on a
countrywide basis.
Deferments for eligible non-citizens.
Non-degree programs.
Issues specific to foreign medical schools:
[cir] New eligibility criteria for foreign medical schools (section
102(a)(1)(B) and (b) of the HEOA).
[cir] Clinical sites of foreign medical schools in other countries.
[cir] Basic science locations of foreign medical schools in other
countries.
Eligibility requirements for foreign veterinary schools.
Eligibility requirements for foreign nursing schools
(sections 102(a)(1)(A) and (D) of the HEOA).
Foreign medical and veterinary schools certified
separately from larger school.
These topics are tentative. Topics may be added or removed as the
process continues.
Schedule for Negotiations
We anticipate that negotiations for these committees will begin at
the end of October 2009, with each committee
[[Page 46401]]
meeting for three sessions of approximately five days at roughly
monthly intervals. Meetings will start on a Monday at 1:00 and end on a
Friday at noon. The committees will meet in the Washington, DC area.
The dates and locations of these meetings will be posted on the
Department's Web site at: https://www.ed.gov/policy/highered/reg/hearulemaking/2009/negreg-summerfall.html.
The schedule for these negotiations has been developed to ensure
publication of the final regulations by the November 1, 2010 statutory
deadline for publishing Title IV, HEA student financial assistance
final regulations.
Electronic Access to This Document
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), on the Internet at the following site: https://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: https://www.gpoaccess.gov/nara/.
Program Authority: 20 U.S.C. 1098a.
Delegation of Authority: The Secretary of Education has delegated
authority to Daniel T. Madzelan, Director, Forecasting and Policy
Analysis for the Office of Postsecondary Education, to perform the
functions and duties of the Assistant Secretary for Postsecondary
Education.
Dated: September 3, 2009.
Daniel T. Madzelan,
Director, Forecasting and Policy Analysis.
[FR Doc. E9-21695 Filed 9-8-09; 8:45 am]
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