Negotiated Rulemaking Committee; Negotiator Nominations and Schedule of Committee Meetings, 43609-43613 [2021-16953]
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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
Adams
Accession No.
or Federal
Register
citation or
website
Document
Date
PRM–73–18—Public Comments RE: Protection of Digital Computer and Communication
Systems and Networks.
SRM–CMWCO–10–0001—‘‘Regulation of Cyber Security at Nuclear Power Plants’’ ...............
Regulatory Guide 5.71, ‘‘Cyber Security Program for Nuclear Facilities’’ ..................................
NEI 08–09, ‘‘Cyber Security Plan for Nuclear Power Reactors,’’ Revision 6 .............................
NEI 13–10, ‘‘Cyber Security Control Assessment,’’ Revision 6, ................................................
Regulatory Analysis and Backfit Analysis; Final Rulemaking: Power Reactor Security Requirements.
GAO–15–98, NRC Needs to Improve Its Cost Estimates by Incorporating More Best Practices.
August 10, 2020 .....................
ML20223A027
October 21, 2010 ....................
January 2010 ..........................
April 2010 ................................
August 2017 ............................
March 17, 2009 .......................
ML102940009
ML090340159
ML101180437
ML17234A615
ML083390372
December 12, 2014 ................
SECY–14–0002, ‘‘Plan for Updating the U.S. Nuclear Regulatory Commission’s Cost-Benefit
Guidance’’.
NUREG/BR–0058, ‘‘Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission, Draft Report for Comment,’’ Revision 5.
MD 8.2, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests’’.
SECY–20–0008: Draft Final NUREG/BR–0058, Regulatory Analysis Guidelines of the U.S.
Nuclear.
Memorandum of Agreement between the U.S. Nuclear Regulatory Commission (NRC) and
the Federal Energy Regulatory Commission (FERC).
SECY–14–0129: Rulemaking: Final Rule: Cyber Security Event Notification (CSEN) ..............
Power Reactor Security Requirements; Final Rule ....................................................................
Power Reactor Cyber Security Program Assessment ................................................................
Periodic Review of RG 5.71 ........................................................................................................
Draft Regulatory Guide (DG)-5061, ‘‘Cyber Security Program for Nuclear Power Reactor’’ .....
Power Reactor Security Requirements; Proposed Rule .............................................................
Cyber Security Event Notifications; Final Rule ...........................................................................
Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the
North American Electric Reliability Corporation.
EA–02–026, Issuance of Order for Interim Safeguards and Security Compensatory Measures
for Nuclear Power Plants.
EA–03–086, ‘‘Issuance of Order Requiring Compliance with Revised Design Basis Threat for
Operating Power Reactors’’.
SECY–10–0153, ‘‘Cyber Security—Implementation of the Commission’s Determination of
Systems and Equipment within the Scope of Title 10 of the Code of Federal Regulations,
Section 73.54’’.
NEI 10–04, ‘‘Identifying Systems and Assets Subject to the Cyber Security Rule, Rev. 2’’ .....
January 17, 2014 ....................
https://
www.gao.gov/
products/
GAO-15-98
ML13274A495
April 2017 ................................
ML17100A480
September 20, 2019 ...............
ML18093B087
February 13, 2020 ..................
ML19261A277
September 22, 2015 ...............
ML15033A181
November 20, 2014 ................
March 27, 2009 .......................
July 12, 2019 ..........................
April 9, 2015 ...........................
August 2018 ............................
October 26, 2006 ....................
November 2, 2015 ..................
December 17, 2019 ................
ML14136A212
74 FR 13926
ML19175A211
ML15099A158
ML18016A129
71 FR 62664
80 FR 67265
ML093510905
February 25, 2002 ..................
ML020510635
April 29, 2003 .........................
ML030740002
November 19, 2010 ................
ML103490344
July 2012 ................................
ML12180A081
VI. Conclusion
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43609
For the reasons discussed in this
document, the NRC finds that the
petitioner did not present sufficient new
information to warrant the requested
changes in PRM–73–18. The NRC’s
current cyber security requirements are
consistent with the NRC’s original
intent for the cyber security rule, and
these requirements continue to provide
reasonable assurance of adequate
protection of public health and safety,
and the common defense and security.
Further, the NRC has determined that
the language in § 73.54(a) is not overly
broad. Finally, the NRC has determined
that existing and ongoing revisions to
guidance can effectively address the
other issues raised by the petitioner in
this PRM without the need for
rulemaking. Accordingly, the NRC is
denying the PRM–73–18.
Dated: August 3, 2021.
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For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2021–16889 Filed 8–9–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED–2021–OPE–0077]
Negotiated Rulemaking Committee;
Negotiator Nominations and Schedule
of Committee Meetings
Office of Postsecondary
Education, Department of Education.
ACTION: Intent to establish rulemaking
committee.
AGENCY:
We announce our intention to
establish one negotiated rulemaking
committee to prepare proposed
regulations for the Federal Student Aid
SUMMARY:
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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. We also announce the
creation of a subcommittee, and request
nominations for individuals with
pertinent expertise to participate on the
subcommittee. The Department has set
a schedule for committee meetings.
We must receive your
nominations for negotiators to serve on
the committee on or before August 31,
2021. The dates and times of the
committee and subcommittee meetings
are set out in the Schedule for
Negotiations section in the
DATES:
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SUPPLEMENTARY INFORMATION section. All
meetings will be virtual.
ADDRESSES: Please email your
nominations for negotiators to
negregnominations@ed.gov. If you are
unable to email your nomination, send
it to Vanessa Gomez, U.S. Department of
Education, 400 Maryland Ave. SW,
Room 2C179, Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For
information about negotiated
rulemaking, 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. For information
about the content of this document,
including additional information about
the negotiated rulemaking process or the
nomination submission process,
contact: Vanessa Gomez, U.S.
Department of Education, 400 Maryland
Ave. SW, Room 2C179, Washington, DC
20202. Telephone: (202) 453–6708.
Email: vanessa.gomez@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or text phone
(TTY), call the Federal Relay Service
(FRS), toll free, at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
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Background
On May 26, 2021, we published an
announcement of our intent to establish
negotiated rulemaking committees
under section 492 of the HEA to develop
proposed regulations related to a
number of higher education practices
and issues in the Federal Register (86
FR 28299) (Negotiated Rulemaking
Committee Notice). The Department
suggested the following topics for the
negotiated rulemaking process:
(1) Change of ownership and change
in control of institutions of higher
education under 34 CFR 600.31;
(2) Certification procedures for
participation in title IV, HEA programs
under 34 CFR 668.13;
(3) Standards of administrative
capability under 34 CFR 668.16;
(4) Ability to benefit under 34 CFR
668.156;
(5) Borrower defense to repayment
under 34 CFR 682.410, 682.411,
685.206, and 685.222;
(6) Discharges for borrowers with a
total and permanent disability under 34
CFR 674.61, 682.402(c), and 685.213;
(7) Closed school discharges under 34
CFR 685.214 and 682.402(d);
(8) Discharges for false certification of
student eligibility under 34 CFR 685.215
and 682.402(e);
(9) Loan repayment plans under 34
CFR 682.209, 682.215, 685.208, and
685.209;
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(10) The Public Service Loan
Forgiveness program under 34 CFR
685.219;
(11) Mandatory pre-dispute
arbitration and prohibition of class
action lawsuits provisions in
institutions’ enrollment agreements
(formerly under 34 CFR 685.300) and
associated counseling about such
arrangements under 34 CFR 685.304;
(12) Financial responsibility for
participating institutions of higher
education under 34 CFR subpart L, such
as events that indicate heightened
financial risk;
(13) Gainful employment (formerly
located in 34 CFR subpart Q); and
(14) Pell Grant eligibility for prison
education programs under 34 CFR part
690.
We also announced three public
hearings at which interested parties
could comment on the topics suggested
by the Department and suggest
additional topics for consideration for
action by the negotiated rulemaking
committees. Those hearings took place
virtually on June 21, June 23, and June
24, 2021. We invited parties to comment
and submit topics for consideration in
writing as well. Recordings and
transcripts from the public hearings are
available at: https://www2.ed.gov/
policy/highered/reg/hearulemaking/
2021/.
Written comments submitted in
response to the Negotiated Rulemaking
Committee Notice may be viewed
through the Federal eRulemaking Portal
at www.regulations.gov. Instructions for
finding comments are available on the
site under ‘‘FAQ’’. Individuals can enter
docket ID ED–2021–OPE–0077 in the
search box to locate the appropriate
docket.
Committee Topics
After considering the information
received at the public hearings and the
written comments, we have decided to
establish the Affordability and Student
Loans Committee to address the
following topics:
(1) Borrower defense to repayment
under 34 CFR 682.410, 682.411,
685.206, and 685.222;
(2) Closed school discharges under 34
CFR 685.214 and 682.402(d);
(3) Discharges for borrowers with a
total and permanent disability under 34
CFR 674.61, 682.402(c), and 685.213;
(4) Discharges for false certification of
student eligibility under 34 CFR 685.215
and 682.402(e);
(5) Loan repayment plans under 34
CFR 682.209, 682.215, 685.208, and
685.209;
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(6) Interest capitalization on Federal
student loans under 34 CFR 682.202,
685.202, 685.209, and 685.220;
(7) Mandatory pre-dispute arbitration
and prohibition of class action lawsuits
provisions in institutions’ enrollment
agreements (formerly under 34 CFR
685.300) and associated counseling
about such arrangements under 34 CFR
685.304;
(8) Pell Grant eligibility for prison
education programs under 34 CFR part
690; and
(9) The Public Service Loan
Forgiveness program under 34 CFR
685.219.
As a part of the negotiated rulemaking
process, we are forming a Prison
Education Program Subcommittee to
expand the range of expertise and
constituencies represented on this topic.
The committee will consider the
subcommittee’s recommendations in its
consideration of proposed regulations to
implement Pell Grant eligibility for
incarcerated individuals, authorized by
the Consolidated Appropriations Act of
2021. Currently, students incarcerated
in a State or Federal penal institution
are prohibited from receiving Pell
Grants. Sections 702 and 703 of the
Consolidated Appropriations Act of
2021 amended sections 401 and 484 of
the HEA to remove this prohibition;
however, the amendments require that
an incarcerated student enroll in a
qualifying prison education program to
qualify for a Pell Grant. The Department
intends to develop regulations to
implement those changes.
This subcommittee will address these
issues and make recommendations to
the committee. The subcommittee is not
authorized to make decisions for the
Affordability and Student Loans
Committee. The subcommittee may be
comprised of some members of the
committee (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 seek nominations for
individuals with specific types of
experience to serve on the
subcommittee. Before conclusion of the
negotiations, the subcommittee will
present its recommendations for
regulatory changes to the committee for
its consideration.
Seven of the 14 topics listed in the
Negotiated Rulemaking Committee
Notice are not on the list of topics to be
considered by the Affordability and
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Student Loans Committee. These
remaining topics and other topics
suggested in the public hearings and
written comments provided to the
Department may be considered by a
separate rulemaking committee(s)
formed at a later date, which we would
announce in a separate Federal Register
notice.
We intend to select negotiators for the
Affordability and Student Loans
Committee who represent the interests
of those significantly affected by the
topics proposed for negotiation. 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 and subcommittee
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 negotiator. The Department
will provide more detailed information
to both primary and alternate
negotiators selected to participate on the
committee about the logistics and
protocols of the meetings. The
subcommittee will only have a primary
member. We will not select alternates
for the subcommittee.
Individuals who are not members of
the committee will be able to observe
the committee meetings, will have
access to individuals representing their
constituencies, and may be able to
participate in informal working groups
on various issues between the meetings.
Constituencies for Negotiator
Nominations
We have identified the following
constituencies as having interests that
are significantly affected by the topics
proposed for negotiation. We plan to
include as negotiators individuals from
organizations or groups representing
these constituencies and/or individuals
who are a part of the constituency. We
particularly encourage organizations
representing the interests of historically
underserved and/or low-income
communities to submit their
nominations. Nominations must include
evidence of the nominee’s specific
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knowledge in these areas, citing specific
topics outlined in the Committee Topics
section. Constituencies for the
Affordability and Student Loans
Committee are:
(1) Dependent students—these are
undergraduate students who are
typically traditionally-aged college
students. A student is a dependent
student if they were required to enter
both their and their parents’ information
on their most recent FAFSA submission.
(2) Independent students—these are
often older or nontraditional students,
such as students over the age of 24.
Students who are married, have
children or other dependents, or who
were unaccompanied and homeless or
at risk of being homeless are
independent students. Independent
students can be pursuing undergraduate
or graduate studies. A student is an
independent student if they were not
required to enter their parents’
information on their most recent FAFSA
submission.
Note: Students who were formerly
incarcerated and participated in
postsecondary education while in
prison are included in the independent
and dependent student categories
regardless of whether they received
Federal student aid, and we encourage
nominations for individuals with those
experiences. For both student spots, we
also encourage individuals or
organizations representing low-income
students to apply.
(3) Student loan borrowers. This
includes but is not limited to: Student
loan borrowers who are currently
repaying their student loans, student
loan borrowers who defaulted or are
currently in default, student loan
borrowers who were in forbearance or
are currently in the administrative
(automatic) forbearance due to COVID–
19, and student loan borrowers who
prior to the administrative forbearance
were delinquent (late) on their student
loans payments.
(4) Legal assistance organizations that
represent students and/or borrowers.
(5) U.S. military service members,
veterans, or groups representing them.
(6) State attorneys general.
(7) State higher education executive
officers, State authorizing agencies, and/
or State regulators of institutions of
higher education and/or loan servicers.
(8) Individuals with disabilities or
groups representing them.
(9) Financial aid administrators at
postsecondary institutions.
(10) Two-year public institutions of
higher education.
(11) Four-year public institutions of
higher education.
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(12) Private nonprofit institutions of
higher education.
(13) Proprietary institutions.
(14) Minority-serving institutions—
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, HispanicServing Institutions, American Indian
Tribally Controlled Colleges and
Universities, Alaska Native and Native
Hawaiian-Serving Institutions,
Predominantly Black Institutions,
Native American-Serving Nontribal
Institutions, and Asian American and
Native American Pacific IslanderServing Institutions.
(15) Federal Family Education Loan
(FFEL) lenders and/or guaranty
agencies.
(16) Accrediting agencies.
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.
An individual selected as a negotiator
is expected to represent the interests of
their organization or group and to
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
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.
We are interested in nominations for
members of the Prison Education
Program Subcommittee from
individuals who represent the following
groups:
(1) Consumer advocacy organizations.
(2) Financial aid administrators.
(3) Formerly incarcerated students.
(4) Groups that represent incarcerated
students.
(5) Postsecondary institutions that are
prison education program providers.
(6) State correctional education
directors.
(7) State higher education executive
officers.
We encourage representatives from
postsecondary institutions that are
currently participating in the
Department’s Second Chance Pell
Experiment to submit nominations. For
more information on the Second Chance
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Pell experiment please visit: https://
experimentalsites.ed.gov/exp/
approved.html.
Advisors
The Department also invites
nominations for two advisors. These
advisors will not be members of the
committee and will not impact the
consensus vote; however, we will
consult with the advisors, who will
serve as a resource. We seek an advisor
representing qualifying employers on
the topic of Public Service Loan
Forgiveness. The term ‘‘public service
job’’ for purposes of the Public Service
Loan Forgiveness program is defined in
section 455(m)(3)(B) of the HEA as
including jobs in: Emergency
management, government (excluding
time served as a member of Congress),
military service, public safety, law
enforcement, public health (including
nurses, nurse practitioners, nurses in a
clinical setting, and full-time
professionals engaged in health care
practitioner occupations and health care
support occupations, as such terms are
defined by the Bureau of Labor
Statistics), public education, social work
in a public child or family service
agency, public interest law services
(including prosecution or public
defense or legal advocacy on behalf of
low-income communities at a nonprofit
organization), early childhood
education (including licensed or
regulated childcare, Head Start, and
State funded prekindergarten), public
service for individuals with disabilities,
public service for the elderly, public
library sciences, school-based library
sciences and other school-based
services, or at an organization that is
described in section 501(c)(3) of the
Internal Revenue Code of 1986 and
exempt from taxation under section
501(a) of such Code, or teaching as a
full-time faculty member at a Tribal
College or University as defined in
section 316(b) of the HEA and other
faculty teaching in high-needs subject
areas or areas of shortage (including
nurse faculty, foreign language faculty,
and part-time faculty at community
colleges), as determined by the
Secretary.
Additionally, we seek an advisor with
expertise in economic and/or higher
education policy analysis and higher
education data to support the committee
in evaluating and understanding its
options.
The advisors will be expected to be
available throughout the duration of the
Affordability and Student Loans
Committee (excluding the Prison
Education Program subcommittee)
meetings, in the event that issues related
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to Public Service Loan Forgiveness
arise. The Department will work with
the committee and the advisors to
determine more specific dates and times
that the advisors must be present for the
committee meetings. The advisors may
be asked to provide information on their
experience as an employer in a public
service job and as an economist and/or
higher education researcher,
respectively. For example, the employer
advisor should be prepared to relay how
they assist employees with the
Employment Certification Form or how
the full-time employment requirement
for the Public Service Loan Forgiveness
Program impacts part-time employees.
The economic and/or higher education
research advisor should be prepared to
examine data related to student loan
repayment, including income-driven
repayment plans. The advisors may also
offer recommendations to the committee
on regulatory language.
Nominations
We strongly suggest that nominations
for both the committee and
subcommittee include the information
described in this section. The
Department anticipates increased
interest due to the number of topics, and
nominations lacking that information
may be more difficult for the
Department to evaluate. We also suggest
that nominees exclude any
supplementary information that is not
requested in this section.
(1) The exact name of the
constituency or constituencies the
nominee is being nominated for (see
Constituencies for Negotiator
Nominations);
(2) The name of the nominee;
(3) The nominee’s place of
employment or institution at which they
are or were enrolled and, if different, the
organization the nominee represents;
(4) A resume or evidence of the
nominee’s expertise and experience in
the topics proposed for negotiations;
and
(5) The nominee’s contact
information, including the nominee’s
email address, telephone number, and
physical mailing address or post office
box.
Please see the ADDRESSES section for
submission information. If the
nomination is submitted by the
recommended email method to
negregnominations@ed.gov, the
submitter will receive an email
confirmation of receipt. The Department
will provide additional information to
those we select to serve as negotiators.
Once complete, a list of negotiators will
be posted here: www2.ed.gov/policy/
highered/reg/hearulemaking/2021/
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index.html. If a constituency does not
have a qualifying nominee, the
Department will also provide
information at that site about how any
vacancies can be filled at the beginning
of the October 4, 2021 committee
meeting.
Schedule for Negotiations
The Affordability and Student Loans
Committee will meet for three sessions
on the following dates:
Session 1: October 4–8, 2021
Session 2: November 1–5, 2021
Session 3: December 6–10, 2021
Times for the committee meetings
will be published here: https://
www2.ed.gov/policy/highered/reg/
hearulemaking/2021/.
The Prison Education Program
Subcommittee will meet for two
sessions in October and November. The
sessions will be three days each. We
will announce the dates and times of the
subcommittee meetings as soon as
possible here: https://www2.ed.gov/
policy/highered/reg/hearulemaking/
2021/.
All negotiated rulemaking committee
meetings will be conducted virtually
and available for the public to view.
Individuals who wish to observe the
committee meetings will be required to
register for each day they would like to
observe. We will post registration links
closer to the start of negotiations on our
website at: www2.ed.gov/policy/
highered/reg/hearulemaking/2021/
index.html. The Department will also
post recordings and transcripts of the
meetings on that site.
At the end of each day, the
Department will reserve 30 minutes for
public comment. We will provide
information on how to request time to
speak on our website at www2.ed.gov/
policy/highered/reg/hearulemaking/
2021/.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document and a copy of the
application package in an accessible
format. The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to this Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
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documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site. You may also
access the 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 published by the
Department.
Program authority: 20 U.S.C. 1098a.
Michelle Asha Cooper,
Acting Assistant Secretary for Postsecondary
Education.
[FR Doc. 2021–16953 Filed 8–9–21; 8:45 am]
BILLING CODE 4000–01–P
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Robert F. Webber, Environmental
Protection Agency, Region 7 Office, Air
Permitting and Standards Branch, 11201
Renner Boulevard, Lenexa, Kansas
66219; telephone number: (913) 551–
7251; email address: webber.robert@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0476; FRL–8757–01–
R7]
Air Plan Approval; Missouri;
Restriction of Particulate Matter
Emissions From Fuel Burning
Equipment Used for Indirect Heating
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
a State Implementation Plan (SIP)
revision submitted by Missouri on
January 19, 2021. Missouri requests that
the EPA approve into Missouri’s SIP
revisions to its rule related to the
restriction of particulate matter
emissions from fuel burning equipment
used for indirect heating. These
revisions add incorporation by reference
information, remove unnecessary
words, and make other editorial changes
for clarity. The EPA believes that the
revisions are administrative in nature,
do not impact the stringency of the SIP
and do not adversely impact air quality.
The EPA’s proposed approval of this
rule revision is being done in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: Comments must be received on
or before September 9, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0476 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
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I. Written Comments
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is the EPA proposing to take?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
4076, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. What is being addressed in this
document?
The EPA is proposing to approve
revisions to the Missouri SIP received
on January 19, 2021. The revisions are
to Title 10, Division 10 of the Code of
State Regulations (CSR), 10 CSR 10–
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
43613
6.405 ‘‘Restriction of Particulate Matter
Emissions from Fuel Burning
Equipment Used for Indirect Heating’’
which restricts the emission of
particulate matter from fuel burning
equipment used for indirect heating
except where 10 CSR 10–6.070 would
be applied. This rule applies throughout
the state with additional conditions
applicable to the metropolitan areas of
Kansas City, Springfield, and St. Louis.
These revisions add incorporation by
reference information, remove
unnecessary words, and make other
editorial changes for clarity. These
revisions are described in detail in the
technical support document (TSD)
included in the docket for this action.
Missouri received two comments from
the EPA during the comment period.
Missouri addressed the comments from
the EPA. The EPA is proposing to
approve the revisions to this rule
because it will not have a negative
impact on air quality.
III. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
January 2, 2020 to April 2, 2020. The
State received and addressed two
comments from the EPA. As explained
in more detail in the TSD which is part
of this docket, the SIP revision
submission meets the substantive SIP
requirements of the CAA, including
section 110 and implementing
regulations.
IV. What action is the EPA proposing to
take?
The EPA is proposing to approve
Missouri’s request to revise 10 CSR 10–
6.405. The EPA is soliciting comment
on the substantive and administrative
revisions detailed in this proposal and
the TSD. The EPA is not soliciting
comment on existing rule text that has
been previously approved by the EPA
into the SIP. Final rulemaking will
occur after consideration of any
comments.
V. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference the Missouri
Regulation described in the proposed
amendments to 40 CFR part 52 set forth
E:\FR\FM\10AUP1.SGM
10AUP1
]]>Agencies
[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Proposed Rules]
[Pages 43609-43613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16953]
=======================================================================
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DEPARTMENT OF EDUCATION
34 CFR Chapter VI
[Docket ID ED-2021-OPE-0077]
Negotiated Rulemaking Committee; Negotiator Nominations and
Schedule of Committee Meetings
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Intent to establish 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. We also announce the creation of
a subcommittee, and request nominations for individuals with pertinent
expertise to participate on the subcommittee. The Department has set a
schedule for committee meetings.
DATES: We must receive your nominations for negotiators to serve on the
committee on or before August 31, 2021. The dates and times of the
committee and subcommittee meetings are set out in the Schedule for
Negotiations section in the
[[Page 43610]]
SUPPLEMENTARY INFORMATION section. All meetings will be virtual.
ADDRESSES: Please email your nominations for negotiators to
[email protected]. If you are unable to email your nomination,
send it to Vanessa Gomez, U.S. Department of Education, 400 Maryland
Ave. SW, Room 2C179, Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For information about negotiated
rulemaking, 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. For information
about the content of this document, including additional information
about the negotiated rulemaking process or the nomination submission
process, contact: Vanessa Gomez, U.S. Department of Education, 400
Maryland Ave. SW, Room 2C179, Washington, DC 20202. Telephone: (202)
453-6708. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or text
phone (TTY), call the Federal Relay Service (FRS), toll free, at 1-800-
877-8339.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2021, we published an announcement of our intent to
establish negotiated rulemaking committees under section 492 of the HEA
to develop proposed regulations related to a number of higher education
practices and issues in the Federal Register (86 FR 28299) (Negotiated
Rulemaking Committee Notice). The Department suggested the following
topics for the negotiated rulemaking process:
(1) Change of ownership and change in control of institutions of
higher education under 34 CFR 600.31;
(2) Certification procedures for participation in title IV, HEA
programs under 34 CFR 668.13;
(3) Standards of administrative capability under 34 CFR 668.16;
(4) Ability to benefit under 34 CFR 668.156;
(5) Borrower defense to repayment under 34 CFR 682.410, 682.411,
685.206, and 685.222;
(6) Discharges for borrowers with a total and permanent disability
under 34 CFR 674.61, 682.402(c), and 685.213;
(7) Closed school discharges under 34 CFR 685.214 and 682.402(d);
(8) Discharges for false certification of student eligibility under
34 CFR 685.215 and 682.402(e);
(9) Loan repayment plans under 34 CFR 682.209, 682.215, 685.208,
and 685.209;
(10) The Public Service Loan Forgiveness program under 34 CFR
685.219;
(11) Mandatory pre-dispute arbitration and prohibition of class
action lawsuits provisions in institutions' enrollment agreements
(formerly under 34 CFR 685.300) and associated counseling about such
arrangements under 34 CFR 685.304;
(12) Financial responsibility for participating institutions of
higher education under 34 CFR subpart L, such as events that indicate
heightened financial risk;
(13) Gainful employment (formerly located in 34 CFR subpart Q); and
(14) Pell Grant eligibility for prison education programs under 34
CFR part 690.
We also announced three public hearings at which interested parties
could comment on the topics suggested by the Department and suggest
additional topics for consideration for action by the negotiated
rulemaking committees. Those hearings took place virtually on June 21,
June 23, and June 24, 2021. We invited parties to comment and submit
topics for consideration in writing as well. Recordings and transcripts
from the public hearings are available at: https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/.
Written comments submitted in response to the Negotiated Rulemaking
Committee Notice may be viewed through the Federal eRulemaking Portal
at www.regulations.gov. Instructions for finding comments are available
on the site under ``FAQ''. Individuals can enter docket ID ED-2021-OPE-
0077 in the search box to locate the appropriate docket.
Committee Topics
After considering the information received at the public hearings
and the written comments, we have decided to establish the
Affordability and Student Loans Committee to address the following
topics:
(1) Borrower defense to repayment under 34 CFR 682.410, 682.411,
685.206, and 685.222;
(2) Closed school discharges under 34 CFR 685.214 and 682.402(d);
(3) Discharges for borrowers with a total and permanent disability
under 34 CFR 674.61, 682.402(c), and 685.213;
(4) Discharges for false certification of student eligibility under
34 CFR 685.215 and 682.402(e);
(5) Loan repayment plans under 34 CFR 682.209, 682.215, 685.208,
and 685.209;
(6) Interest capitalization on Federal student loans under 34 CFR
682.202, 685.202, 685.209, and 685.220;
(7) Mandatory pre-dispute arbitration and prohibition of class
action lawsuits provisions in institutions' enrollment agreements
(formerly under 34 CFR 685.300) and associated counseling about such
arrangements under 34 CFR 685.304;
(8) Pell Grant eligibility for prison education programs under 34
CFR part 690; and
(9) The Public Service Loan Forgiveness program under 34 CFR
685.219.
As a part of the negotiated rulemaking process, we are forming a
Prison Education Program Subcommittee to expand the range of expertise
and constituencies represented on this topic. The committee will
consider the subcommittee's recommendations in its consideration of
proposed regulations to implement Pell Grant eligibility for
incarcerated individuals, authorized by the Consolidated Appropriations
Act of 2021. Currently, students incarcerated in a State or Federal
penal institution are prohibited from receiving Pell Grants. Sections
702 and 703 of the Consolidated Appropriations Act of 2021 amended
sections 401 and 484 of the HEA to remove this prohibition; however,
the amendments require that an incarcerated student enroll in a
qualifying prison education program to qualify for a Pell Grant. The
Department intends to develop regulations to implement those changes.
This subcommittee will address these issues and make
recommendations to the committee. The subcommittee is not authorized to
make decisions for the Affordability and Student Loans Committee. The
subcommittee may be comprised of some members of the committee
(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 seek nominations for individuals with
specific types of experience to serve on the subcommittee. Before
conclusion of the negotiations, the subcommittee will present its
recommendations for regulatory changes to the committee for its
consideration.
Seven of the 14 topics listed in the Negotiated Rulemaking
Committee Notice are not on the list of topics to be considered by the
Affordability and
[[Page 43611]]
Student Loans Committee. These remaining topics and other topics
suggested in the public hearings and written comments provided to the
Department may be considered by a separate rulemaking committee(s)
formed at a later date, which we would announce in a separate Federal
Register notice.
We intend to select negotiators for the Affordability and Student
Loans Committee who represent the interests of those significantly
affected by the topics proposed for negotiation. 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 and subcommittee 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 negotiator. The Department will provide more detailed
information to both primary and alternate negotiators selected to
participate on the committee about the logistics and protocols of the
meetings. The subcommittee will only have a primary member. We will not
select alternates for the subcommittee.
Individuals who are not members of the committee will be able to
observe the committee meetings, will have access to individuals
representing their constituencies, and may be able to participate in
informal working groups on various issues between the meetings.
Constituencies for Negotiator Nominations
We have identified the following constituencies as having interests
that are significantly affected by the topics proposed for negotiation.
We plan to include as negotiators individuals from organizations or
groups representing these constituencies and/or individuals who are a
part of the constituency. We particularly encourage organizations
representing the interests of historically underserved and/or low-
income communities to submit their nominations. Nominations must
include evidence of the nominee's specific knowledge in these areas,
citing specific topics outlined in the Committee Topics section.
Constituencies for the Affordability and Student Loans Committee are:
(1) Dependent students--these are undergraduate students who are
typically traditionally-aged college students. A student is a dependent
student if they were required to enter both their and their parents'
information on their most recent FAFSA submission.
(2) Independent students--these are often older or nontraditional
students, such as students over the age of 24. Students who are
married, have children or other dependents, or who were unaccompanied
and homeless or at risk of being homeless are independent students.
Independent students can be pursuing undergraduate or graduate studies.
A student is an independent student if they were not required to enter
their parents' information on their most recent FAFSA submission.
Note: Students who were formerly incarcerated and participated in
postsecondary education while in prison are included in the independent
and dependent student categories regardless of whether they received
Federal student aid, and we encourage nominations for individuals with
those experiences. For both student spots, we also encourage
individuals or organizations representing low-income students to apply.
(3) Student loan borrowers. This includes but is not limited to:
Student loan borrowers who are currently repaying their student loans,
student loan borrowers who defaulted or are currently in default,
student loan borrowers who were in forbearance or are currently in the
administrative (automatic) forbearance due to COVID-19, and student
loan borrowers who prior to the administrative forbearance were
delinquent (late) on their student loans payments.
(4) Legal assistance organizations that represent students and/or
borrowers.
(5) U.S. military service members, veterans, or groups representing
them.
(6) State attorneys general.
(7) State higher education executive officers, State authorizing
agencies, and/or State regulators of institutions of higher education
and/or loan servicers.
(8) Individuals with disabilities or groups representing them.
(9) Financial aid administrators at postsecondary institutions.
(10) Two-year public institutions of higher education.
(11) Four-year public institutions of higher education.
(12) Private nonprofit institutions of higher education.
(13) Proprietary institutions.
(14) Minority-serving institutions--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, Predominantly Black Institutions,
Native American-Serving Nontribal Institutions, and Asian American and
Native American Pacific Islander-Serving Institutions.
(15) Federal Family Education Loan (FFEL) lenders and/or guaranty
agencies.
(16) Accrediting agencies.
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.
An individual selected as a negotiator is expected to represent the
interests of their organization or group and to 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 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.
We are interested in nominations for members of the Prison
Education Program Subcommittee from individuals who represent the
following groups:
(1) Consumer advocacy organizations.
(2) Financial aid administrators.
(3) Formerly incarcerated students.
(4) Groups that represent incarcerated students.
(5) Postsecondary institutions that are prison education program
providers.
(6) State correctional education directors.
(7) State higher education executive officers.
We encourage representatives from postsecondary institutions that
are currently participating in the Department's Second Chance Pell
Experiment to submit nominations. For more information on the Second
Chance
[[Page 43612]]
Pell experiment please visit: https://experimentalsites.ed.gov/exp/approved.html.
Advisors
The Department also invites nominations for two advisors. These
advisors will not be members of the committee and will not impact the
consensus vote; however, we will consult with the advisors, who will
serve as a resource. We seek an advisor representing qualifying
employers on the topic of Public Service Loan Forgiveness. The term
``public service job'' for purposes of the Public Service Loan
Forgiveness program is defined in section 455(m)(3)(B) of the HEA as
including jobs in: Emergency management, government (excluding time
served as a member of Congress), military service, public safety, law
enforcement, public health (including nurses, nurse practitioners,
nurses in a clinical setting, and full-time professionals engaged in
health care practitioner occupations and health care support
occupations, as such terms are defined by the Bureau of Labor
Statistics), public education, social work in a public child or family
service agency, public interest law services (including prosecution or
public defense or legal advocacy on behalf of low-income communities at
a nonprofit organization), early childhood education (including
licensed or regulated childcare, Head Start, and State funded
prekindergarten), public service for individuals with disabilities,
public service for the elderly, public library sciences, school-based
library sciences and other school-based services, or at an organization
that is described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of such Code, or
teaching as a full-time faculty member at a Tribal College or
University as defined in section 316(b) of the HEA and other faculty
teaching in high-needs subject areas or areas of shortage (including
nurse faculty, foreign language faculty, and part-time faculty at
community colleges), as determined by the Secretary.
Additionally, we seek an advisor with expertise in economic and/or
higher education policy analysis and higher education data to support
the committee in evaluating and understanding its options.
The advisors will be expected to be available throughout the
duration of the Affordability and Student Loans Committee (excluding
the Prison Education Program subcommittee) meetings, in the event that
issues related to Public Service Loan Forgiveness arise. The Department
will work with the committee and the advisors to determine more
specific dates and times that the advisors must be present for the
committee meetings. The advisors may be asked to provide information on
their experience as an employer in a public service job and as an
economist and/or higher education researcher, respectively. For
example, the employer advisor should be prepared to relay how they
assist employees with the Employment Certification Form or how the
full-time employment requirement for the Public Service Loan
Forgiveness Program impacts part-time employees. The economic and/or
higher education research advisor should be prepared to examine data
related to student loan repayment, including income-driven repayment
plans. The advisors may also offer recommendations to the committee on
regulatory language.
Nominations
We strongly suggest that nominations for both the committee and
subcommittee include the information described in this section. The
Department anticipates increased interest due to the number of topics,
and nominations lacking that information may be more difficult for the
Department to evaluate. We also suggest that nominees exclude any
supplementary information that is not requested in this section.
(1) The exact name of the constituency or constituencies the
nominee is being nominated for (see Constituencies for Negotiator
Nominations);
(2) The name of the nominee;
(3) The nominee's place of employment or institution at which they
are or were enrolled and, if different, the organization the nominee
represents;
(4) A resume or evidence of the nominee's expertise and experience
in the topics proposed for negotiations; and
(5) The nominee's contact information, including the nominee's
email address, telephone number, and physical mailing address or post
office box.
Please see the ADDRESSES section for submission information. If the
nomination is submitted by the recommended email method to
[email protected], the submitter will receive an email
confirmation of receipt. The Department will provide additional
information to those we select to serve as negotiators. Once complete,
a list of negotiators will be posted here: www2.ed.gov/policy/highered/reg/hearulemaking/2021/. If a constituency does not have a
qualifying nominee, the Department will also provide information at
that site about how any vacancies can be filled at the beginning of the
October 4, 2021 committee meeting.
Schedule for Negotiations
The Affordability and Student Loans Committee will meet for three
sessions on the following dates:
Session 1: October 4-8, 2021
Session 2: November 1-5, 2021
Session 3: December 6-10, 2021
Times for the committee meetings will be published here: https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/.
The Prison Education Program Subcommittee will meet for two
sessions in October and November. The sessions will be three days each.
We will announce the dates and times of the subcommittee meetings as
soon as possible here: https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/.
All negotiated rulemaking committee meetings will be conducted
virtually and available for the public to view. Individuals who wish to
observe the committee meetings will be required to register for each
day they would like to observe. We will post registration links closer
to the start of negotiations on our website at: www2.ed.gov/policy/highered/reg/hearulemaking/2021/. The Department will also
post recordings and transcripts of the meetings on that site.
At the end of each day, the Department will reserve 30 minutes for
public comment. We will provide information on how to request time to
speak on our website at www2.ed.gov/policy/highered/reg/hearulemaking/2021/.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document and a copy of the application package in an
accessible format. The Department will provide the requestor with an
accessible format that may include Rich Text Format (RTF) or text
format (txt), a thumb drive, an MP3 file, braille, large print,
audiotape, or compact disc, or other accessible format.
Electronic Access to this Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other
[[Page 43613]]
documents of this Department published in the Federal Register, in text
or Portable Document Format (PDF). To use PDF you must have Adobe
Acrobat Reader, which is available free at the site. You may also
access the 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 published
by the Department.
Program authority: 20 U.S.C. 1098a.
Michelle Asha Cooper,
Acting Assistant Secretary for Postsecondary Education.
[FR Doc. 2021-16953 Filed 8-9-21; 8:45 am]
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