Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings-Accreditation and Innovation, 51906-51910 [2018-22506]
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Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Proposed Rules
1. Removing Example 2;
■ 2. Designating Examples 1 and 3 as
paragraphs (i)(4)(i) and (ii), respectively;
and
■ 3. In the heading for newly designated
paragraph (i)(4)(ii), removing ‘‘3’’ and
adding ‘‘2’’ in its place.
DEPARTMENT OF THE TREASURY
§ 1.6655–0
Guidance Regarding the Transition Tax
Under Section 965 and Related
Provisions; Hearing
■
[Amended]
Par. 6. Section 1.6655–0 is amended
by removing the entries for § 1.6655–
2(f)(3)(i) and (f)(3)(i)(A) and
redesignating the entry for § 1.6655–
2(f)(3)(i)(B) as § 1.6655–2(f)(3)(i).
■
§ 1.6655–2
Methods of accounting.
*
*
*
*
*
(c) Example. The following example
illustrates the rules of this section:
(1)
Example. * * *
*
*
*
PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 9. Add an authority citation for
part 602 to read as follows:
■
Authority: 26 U.S.C. 7805.
§ 602.101
[Amended]
Par. 10. Section 602.101 is amended
by removing the entry for § 1.451–5 and
the parenthetical authority citation at
the end of the section.
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■
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2018–22025 Filed 10–12–18; 8:45 am]
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This document provides a
notice of public hearing on proposed
regulations relating to section 965 of the
Internal Revenue Code as amended by
the Tax Cuts and Jobs Act, which was
enacted on December 22, 2017.
DATES: The public hearing is being held
on Monday, October 22, 2018, at 10 a.m.
The IRS must receive speakers’ outlines
of the topics to be discussed at the
public hearing by Tuesday, October 16,
2018.
ADDRESSES: The public hearing is being
held in the IRS Auditorium, Internal
Revenue Service Building, 1111
Constitution Avenue NW, Washington,
DC 20224. Due to building security
procedures, visitors must enter at the
Constitution Avenue entrance. In
addition, all visitors must present a
valid photo identification to enter the
building.
Send Submissions to CC:PA:LPD:PR
(REG–104226–18), Room 5205, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044. Submissions may be handdelivered Monday through Friday to
CC:PA:LPD:PR (REG–104226–18),
Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue NW,
Washington, DC 20224 or sent
electronically via the Federal
eRulemaking Portal at
www.regulations.gov (IRS REG–104226–
18).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Leni C. Perkins (202) 317–6934;
concerning submissions of comments,
the hearing and/or to be placed on the
building access list to attend the
hearing, Regina Johnson at (202) 317–
6901 (not toll-free numbers).
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
104226–18) that was published in the
Federal Register on Thursday, August 9,
2018 (83 FR 39514).
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
SUMMARY:
Par. 7. Section 1.6655–2 is amended
by removing paragraphs (f)(3)(i) heading
and (f)(3)(i)(A) and redesignating
(f)(3)(i)(B) as (f)(3)(i).
■ Par. 8. Section 1.6655–6 is amended
in paragraph (c) by:
■ 1. Revising the heading and
introductory text;
■ 2. Removing Example 1;
■ 3. Designating Example 2 as paragraph
(c)(1) and revising the heading of newly
designated paragraph (c)(1); and
■ 3. Adding a reserved paragraph (c)(2).
The revisions read as follows:
*
[REG–104266–18]
Internal Revenue Service (IRS),
Treasury.
ACTION: Proposed rule; notice of hearing.
■
*
26 CFR Part 301
AGENCY:
[Amended]
§ 1.6655–6
Internal Revenue Service
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to present oral comments at the hearing
that submitted written comments by
October 9, 2018, must submit an outline
of the topics to be addressed and the
amount of time to be devoted to each
topic by Tuesday, October 16, 2018.
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available, free of
charge, at the hearing or by contacting
the Publications and Regulations Branch
at (202) 317–6901 (not a toll-free
number).
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
document.
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2018–22345 Filed 10–12–18; 8:45 am]
BILLING CODE 4830–01–P
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
Office of Postsecondary
Education, Department of Education.
ACTION: Intent to establish negotiated
rulemaking committee.
AGENCY:
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
SUMMARY:
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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
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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
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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-
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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 faithbased 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
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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
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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 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.
• 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
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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 termbased 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 competencybased 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
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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, HispanicServing 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 faithbased 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.
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• 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 HawaiianServing 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.
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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 Departmentprovided livestream.
The Faith-Based Entities
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 Departmentprovided livestream.
The TEACH Grants 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.
VerDate Sep<11>2014
17:23 Oct 12, 2018
Jkt 247001
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 Departmentprovided 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.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 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]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9 and 721
[EPA–HQ–OPPT–2017–0366; FRL–9984–72]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances; Reopening of
Comment Period
Environmental Protection
Agency (EPA).
ACTION: Notice; reopening of comment
period.
AGENCY:
EPA issued a proposed rule in
the Federal Register of August 1, 2018
(FRL–9981–16) for significant new use
rules (SNURs) for 145 chemical
substances. This document reopens the
comment period for the proposed rule
until November 14, 2018. EPA is
reopening the comment period because
it received a request to extend the
comment period but the request was
received too late to publish an extension
of the comment period before the
comment period expired.
DATES: Comments, identified by docket
identification (ID) number EPA–HQ–
OPPT–2017–0366 must be received on
or before November 14, 2018.
ADDRESSES: Follow the detailed
instructions provided under ADDRESSES
in the Federal Register document of
August 1, 2018 (83 FR 37455) (FRL–
9981–16).
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Kenneth Moss, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–9232;
email address: moss.kenneth@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION: This
document reopens the public comment
period established in the Federal
Register document of August 1, 2018. In
that document, EPA proposed SNURs
for 145 chemical substances. EPA
received a request to extend the
comment period for 30 days but the
request was received too late to publish
an extension of the comment period
before the comment period expired.
EPA is hereby reopening the comment
period for 30 days.
Note that in the August 1, 2018 issue
of the Federal Register including the
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Proposed Rules]
[Pages 51906-51910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
[email protected].
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:
[email protected].
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: [email protected].
If you use a telecommunications device for the deaf (TDD) or text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: 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/.
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 Faith-Based Entities 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 TEACH Grants 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: [email protected].
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.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 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]
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