Negotiated Rulemaking Committee; Public Hearings

Published date26 May 2021
Citation86 FR 28299
Record Number2021-11120
SectionProposed rules
CourtEducation Department
Federal Register, Volume 86 Issue 100 (Wednesday, May 26, 2021)
[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
                [Proposed Rules]
                [Pages 28299-28300]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-11120]
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                DEPARTMENT OF EDUCATION
                34 CFR Chapter VI
                [Docket ID ED-2021-OPE-0077]
                Negotiated Rulemaking Committee; Public Hearings
                AGENCY: Office of Postsecondary Education, Department of Education.
                ACTION: Intent to establish negotiated rulemaking committees.
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                SUMMARY: We announce our intention to establish negotiated rulemaking
                committees to prepare proposed regulations for programs authorized
                under title IV of the Higher Education Act of 1965, as amended (HEA).
                The Department is committed to advancing equitable outcomes for all
                students and invites comments from organizations or groups with
                interests that are significantly affected by the subject matter of the
                proposed regulations being considered by the particular committee. We
                also announce public hearings at which interested parties may comment
                on the topics for regulation suggested by the Department and suggest
                additional topics that should be considered for action by the
                negotiating committees. In addition, we announce that the Department
                will accept written comments on the topics suggested by the Department
                and suggestions for additional topics that should be considered for
                action by the negotiating committees.
                DATES: The dates, times, and locations of the public hearings are
                listed under the SUPPLEMENTARY INFORMATION section of this document. We
                must receive written comments on the topics for regulation suggested by
                the Department and additional topics that should be considered for
                action by the negotiating committees on or before July 1, 2021.
                ADDRESSES: Submit your comments through the Federal eRulemaking Portal
                or via postal mail, commercial delivery, or hand delivery. We will not
                accept comments by fax. To ensure that we do not receive duplicate
                copies, please submit your comments only once. In addition, please
                include the Docket ID at the top of your comments.
                 Federal eRulemaking Portal: Go to www.regulations.gov to
                submit your comments electronically. Information on using
                Regulations.gov, including instructions for accessing agency documents,
                submitting comments, and viewing the docket, is available on the site
                under ``FAQ.''
                 Postal Mail, Commercial Delivery, or Hand Delivery: If you
                mail or deliver your comments, address them to Vanessa Gomez, U.S.
                Department of Education, 400 Maryland Ave. SW, Room 2C179, Washington,
                DC 20202.
                 Privacy Note: The Department's policy is to make all comments
                received from members of the public (including those comments submitted
                by postal mail, commercial delivery, or hand delivery) available for
                public viewing in their entirety on the Federal eRulemaking Portal at
                www.regulations.gov. Therefore, commenters should be careful to include
                in their comments only information that they wish to make publicly
                available.
                FOR FURTHER INFORMATION CONTACT: For information about negotiated
                rulemaking in general, see The Negotiated Rulemaking Process for Title
                IV Regulations, Frequently Asked Questions at: www2.ed.gov/policy/highered/reg/hearulemaking/hea08/neg-reg-faq.html. For information
                about the public hearings, or for additional information about
                negotiated rulemaking, 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
                telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
                800-877-8339.
                SUPPLEMENTARY INFORMATION: Section 492 of the HEA requires that, before
                publishing any proposed regulations to implement programs authorized
                under title IV of the HEA, the Secretary obtain public involvement in
                the development of the proposed regulations. After obtaining advice and
                recommendations from the public, the Secretary conducts negotiated
                rulemaking to develop the proposed regulations. We announce our intent
                to develop proposed title IV regulations by following the negotiated
                rulemaking procedures in section 492 of the HEA.
                 We intend to select participants for the negotiated rulemaking
                committees from nominees of the organizations and groups that represent
                the interests significantly affected by the proposed regulations. To
                the extent possible, we will select from the nominees individual
                negotiators who reflect the diversity among program participants.
                 We intend to convene multiple committees to develop proposed
                regulations on the affordability of postsecondary education,
                institutional accountability, and Federal student loans. Each committee
                will be comprised of a unique set of negotiators. The public will be
                made aware of the schedule and topics of each committee meeting in
                subsequent Federal Register notice(s).
                Regulatory Issues
                 The Department suggests the following topics for regulation:
                 (1) Change of ownership and change in control of institutions of
                higher education under 34 CFR 600.31;
                [[Page 28300]]
                 (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, and 685.213;
                 (7) Closed school discharges under 34 CFR 685.214 and 682.402;
                 (8) Discharges for false certification of student eligibility under
                34 CFR 685.215(a)(1) and 682.402;
                 (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 invite public input on how the Department could address,
                through its title IV regulations, gaps in postsecondary outcomes such
                as retention, completion, loan repayment, and student loan default by
                race, ethnicity, gender, and other key student characteristics.
                 After a complete review of the public comments presented at the
                public hearings and in the written submissions, we will publish a
                document (or documents) in the Federal Register announcing the specific
                topics for which we intend to establish negotiated rulemaking
                committees and a request for nominations for individual negotiators for
                the committees who represent the communities of interest that would be
                significantly affected by the proposed regulations. This document will
                also be posted on the Department's website at: https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html.
                Public Hearings
                 We will hold virtual public hearings for interested parties to
                comment on the rulemaking agenda from 10:00 a.m. to 12:00 p.m. and 2:00
                p.m. to 4:00 p.m., Eastern time on the following dates:
                 June 21, 2021;
                 June 23, 2021; and
                 June 24, 2021.
                 Further information on the public hearings is available at: https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html.
                 Individuals who would like to present comments at the public
                hearings must register by sending an email message to
                [email protected] no later than 12:00 p.m. Eastern time on the
                business day prior to the public hearing at which they want to speak.
                The message should include the name of the speaker, the email address
                of the speaker, the general topic(s) the individual would like to
                address, and one or more dates and times during which the individual
                would be available to speak. We will attempt to accommodate each
                speaker's preference for date and time; however, if we are unable to do
                so, we will make the determination on a first- come first-served basis,
                based on the time and date we received the message. We will limit each
                participant's comments to five minutes.
                 The Department will notify speakers of the time slot reserved for
                them and provide information on how to log in to the hearing as a
                speaker. An individual may make only one presentation at the public
                hearings. If we receive more registrations than we can accommodate, the
                Department reserves the right to reject the registration of an entity
                or individual affiliated with an entity or individual that is already
                scheduled to present comments to ensure that a broad range of entities
                and individuals are able to present. Unique speaker access to the
                meetings will be through Microsoft Teams.
                 In part due to increased cybersecurity concerns, individuals who
                want to observe the public hearing, but who do not want present
                comments, are required to register. We will post registration links for
                attendees who wish to observe on our website at: www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html. There will be a unique link
                each day for attendees who wish to observe. Non-speaking attendees will
                join the public hearings through Microsoft Teams Live and will be muted
                with no option to unmute for the duration of each public hearing. The
                Department will also post transcripts of the hearings on that site.
                 The Department will accept written comments via the Federal
                eRulemaking portal, and by postal mail, commercial delivery, or hand
                delivery, through July 1, 2021. (See the ADDRESSES section of this
                document for submission information.)
                Schedule for Negotiations
                 We anticipate that any committees established after the public
                hearings will begin negotiations no earlier than August 2021, with the
                committees meeting for up to three sessions of approximately five days
                each at roughly four-week intervals. The committees will meet
                virtually. We may adjust the number of days of each session and time
                between sessions to adapt to the virtual environment. The dates and
                locations of these meetings will be published in a subsequent notice in
                the Federal Register and will be posted on the Department's website at:
                https://www2.ed.gov/policy/highered/reg/hearulemaking/2021/index.html.
                 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 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 for
                free on 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 published
                by the Department.
                 Program Authority: 20 U.S.C. 1098a.
                Michelle Asha Cooper,
                Acting Assistant Secretary for Postsecondary Education.
                [FR Doc. 2021-11120 Filed 5-25-21; 8:45 am]
                BILLING CODE 4000-01-P
                

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