[Federal Register: December 30, 1999 (Volume 64, Number 250)] [Proposed Rules] [Page 73458-73460] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr30de99-25] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION 34 CFR Chapter VI Student Financial Assistance AGENCY: Department of Education. ACTION: Notice of intention to establish negotiated rulemaking committees on issues under Title IV of the Higher Education Act of 1965, as amended. ----------------------------------------------------------------------- SUMMARY: We announce our intention to establish two negotiated rulemaking committees to prepare proposed regulations under Title IV of the Higher Education Act of 1965, as amended. Each committee will include representatives of the interests that are significantly affected by the subject matter of the regulations. We request nominations for participants from anyone who believes that his or her organization or group should participate in this negotiated rulemaking process. DATES: We will consider all nominations for membership on the committees that we receive by January 18, 2000. We will also be holding a meeting on January 18, 2000, at the Department of Education for interested parties to discuss the procedures for the negotiated rulemaking sessions. ADDRESSES: Please send your nomination to Beth Grebeldinger, U.S. Department of Education, 400 Maryland Ave., SW., ROB-3, Washington, DC 20202-5257, or fax to Beth Grebeldinger at (202) 708-7196. You may also email your nominations to: beth__grebeldinger@ed.gov The meeting will be held at the Department of Education at the address above. Anyone interested in attending the meeting should contact Beth Grebeldinger at (202) 205-8822. FOR FURTHER INFORMATION CONTACT: Beth Grebeldinger, U.S. Department of Education, 400 Maryland Ave., SW., ROB-3, Washington, DC 20202-5257. Telephone: (202) 205-8822. If you use a [[Page 73459]] telecommunications device for the deaf (TDD) you may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m. Individuals with disabilities may obtain this document in an alternate format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the preceding paragraph. SUPPLEMENTARY INFORMATION: The meeting site is accessible to individuals with disabilities. If you will need an auxiliary aid or service to participate in the meeting (e.g. interpreting service, assistive listening device, or materials in alternate format), notify the contact person listed in this NPRM in advance of the scheduled meeting date. Although we will attempt to meet a request we receive, we may not be able to make available the requested auxiliary aid or service because of insufficient time to arrange it. Structure of Committees We anticipate having two negotiating committees. The ultimate goal of negotiated rulemaking is to reach a consensus on proposed regulations through discussion and negotiation among interested and affected parties, including the Department of Education. With this in mind, we will conduct these negotiations within a structure that is designed to meet this goal fairly and efficiently. We expect to make the committees large enough to allow significantly affected parties to be represented, without making the committees so large as to be unmanageable and potentially unsuccessful. We therefore encourage organizations and groups to work together to nominate someone who would represent a coalition of organizations or groups. The meetings will be open to the public. We list below the issues each committee is likely to address. The list was developed through topic sessions held with representatives of the participants in the student financial aid programs in Washington, DC, through listening sessions held in Atlanta, Chicago, and San Francisco, and through listening sessions conducted by the Office of Student Financial Assistance's (OSFA's) Customer Service Task Force. This list of issues is tentative and may be revised as the process continues. Note: A comprehensive review of delinquency and default management (including due diligence) has not been included on the list of issues for this round of negotiated rulemaking. Because of the complexity of these issues, we will convene discussions in early 2000 with all interested parties to begin consideration of these issues and to discuss what issues, if any, should be included in a future session of negotiated rulemaking. Committee I: Loan Issues Committee Cohort Default Rates * Restructure and revise cohort default rate provisions for clarity and consistency (34 CFR 668.17). * Address the effect of changes of ownership on calculation of cohort default rates and related determinations of eligibility (34 CFR 668.17(g)). * Remove or modify the list of default reduction measures in Appendix D to Part 668. * Develop regulations regarding electronic appeal submission and processing, including consideration of the functions to be performed by guaranty agencies, schools, and the Department. Death and Disability--address evidentiary requirements for death discharges; standards for granting disability discharges; and processes for evaluating discharge applications (34 CFR 682.402(b) and (c)). Delinquency and Default Management--address post-default due diligence (34 CFR 682.410(b)(6) and (7)). Teacher Loan Forgiveness False Certification Discharges--address implications of the decision in Jordan v. Riley and the existing ability to benefit standards (34 CFR 682.402(e)). Federal Perkins Loans--address proof of claim requirements in bankruptcy (34 CFR 674) and criteria regarding institutions' ability to maintain an acceptable record of collecting on loans. Cash Management--address just-in time provisions (34 CFR 668.162 and 668.167). Committee II: Program and Eligibility Issues Committee Change of Ownership--(34 CFR 668.12 and 668.13 and 34 CFR 600.20, 600.21, 600.30, and 600.31)Address changes of ownership of publicly traded corporations. Consider changes of control issues that are unique to public institutions. Clarify application procedures and information required for changes of ownership and other situations. Consolidate and clarify change of ownership provisions, including application procedures. Nontraditional Programs Consider the definitions of standard term, nonstandard term and non-term (34 CFR 668.2). Address the application of the 12 hour rule as found in the academic year and eligible programs definitions (34 CFR 668.2 and 668.8). Revise notification and approval requirements for additional locations and new programs (34 CFR 600.10, 600.20, 600.21, and 600.30). Consider revisions to regulatory provisions governing consortium and contractual agreements (34 CFR 600.9). Special Leveraging Education Assistance Partnerships (SLEAP) Electronic Authorization and Verification, and Electronic Retention Address these issues for certain Title IV programs and purposes. Each negotiating committee will include representatives of significantly affected interests, such as students, and/or legal assistance organizations that represent students, institutions of higher education, guaranty agencies, lenders, secondary markets, loan servicers, guaranty agency servicers, and collection agencies. Schedule for Negotiations There are expected to be a total of approximately four meetings of each committee, all of which will be held in the metropolitan Washington, DC area. The following is the tentative schedule for negotiations for each of the committees. This schedule is subject to change. Committee I Session 1: February 7-8 Session 2: March 27-29 Session 3: May 1-3 Session 4: May 30-31 Committee II Session 1: February 17-18 Session 2: March 29-31 Session 3: May 3-5 Session 4: June 1-2 Electronic Access to This Document You may view this document, in Text or Adobe portable document format (pdf) on the World Wide Web at any of the following sites: http://ocfo.ed.gov/fedreg/htm http://www.ed.gov/news.html http://www.ed.gov/legislation/HEA/rulemaking To use the pdf you must have the Adobe Acrobat Reader Program with Search, which is available free at the first of the previous sites. If you have questions about using the pdf, call the U.S. Government Printing Office toll free at 1-888-293-6498. Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO access at: [[Page 73460]] http://www.access.gpo.gov/nara/index.html Program Authority: 20 U.S.C. 1098a. (Catalog of Federal Domestic Assistance Number does not apply) Richard W. Riley, Secretary of Education. [FR Doc. 99-33951 Filed 12-29-99; 8:45 am] BILLING CODE 4000-01-U