Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 25655 

11. Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

12. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

13. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. In § 117.821 revise paragraph (a)(4) 

to read as follows: 

§ 117.821 Atlantic Intracoastal Waterway, 

Albermarle Sound to Sunset Beach. 

(a) * * * 

(4) S.R. 74 Bridge, mile 283.1, at 

Wrightsville Beach, NC, between 7 a.m. 

and 7 p.m., the draw need only open on 

the hour; except that from 7 a.m. to 9 

a.m. on the second Saturday of July of 

every year, from 7 a.m. to 11 a.m. on the 

third and fourth Saturday of September 

of every year, and from 7 a.m. to 10:30 

a.m. on the last Saturday of October of 

every year or the first or second 

Saturday of November of every year, the 

draw need not open for vessels due to 

annual races. 

* * * * * 

3. Revise § 117.823 to read as follows: 

§ 117.823 Cape Fear River. 

The draw of the Cape Fear Memorial 

Bridge, mile 26.8, at Wilmington need 

not open for the passage of vessels from 

7 a.m. to 9 a.m. on the second Saturday 

of July of every year, and from 7 a.m. to 

11 a.m. on the first or second Sunday of 

November of every year to accommodate 

annual races. 

4. In § 117.829 revise paragraph (a)(4) 

to read as follows: 

§ 117.829 Northeast Cape Fear River. 

(a) * * * 

(4) From 7 a.m. to 9 a.m. on the 

second Saturday of July of every year, 

from 12 p.m. to 11:59 p.m. on the last 

Saturday of October or the first or 

second Saturday of November of every 

year, and from 7 a.m. to 11 a.m. on the 

first or second Sunday of November of 

every year, the draw need not open for 

vessels to accommodate annual races. 

* * * * * 

Dated: April 11, 2012. 

Lincoln D. Stroh, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District. 

[FR Doc. 2012–10415 Filed 4–30–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2012–0179] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Tombigbee River, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

add a special operating regulation 

governing the Meridian and Bigbee 

Railroad (MNBR) vertical lift span 

bridge across the Tombigbee River at 

Naheola, Marengo and Choctaw 

Counties, Alabama. The bridge currently 

remains in the open-to-navigation 

position and only lowers for the passage 

of trains. This rule proposes to codify 

the current schedule as a special 

operating regulation. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

July 2, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0179 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email David Frank, Bridge 

Administration Branch; telephone 504– 

671–2128, email David.m.frank@uscg.

mil. If you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0179), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

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25656 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a phone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2012–0179’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0179’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC, 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why a public meeting would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact David Frank at 

the telephone number or email address 

indicated under the FOR FURTHER

INFORMATION CONTACT section of the 

notice. 

B. Regulatory History and Information 

The Code of Federal Regulations 

(CFR) under 33 CFR 117.5 requires that 

drawbridges open on signal for vessel 

passage. Prior to this request to change 

the operating schedule of the draw, no 

previous requests for changes have been 

received. The bridge owner has initiated 

this request without consultation of 

waterway users but did consult with the 

USCG Bridge Administration Office in 

New Orleans to request guidance on 

how to comply with the requirements of 

33 CFR 117.41. 

C. Basis and Purpose 

The MNBR vertical lift span bridge 

crosses the Tombigbee River at mile 

128.6 (Black Warrior Tombigbee 

Waterway mile 173.6), Naheola, 

Marengo and Choctaw Counties, 

Alabama. The bridge is currently 

untended and maintained in the opento-navigation position, closing only for 

the passage of rail traffic. The bridge has 

a vertical clearance of 12.2 feet above 

ordinary high water (OHW), elevation 

64.5 feet is based on the North 

American Vertical Datem of 1988 

(NAVD 88), in the closed-to-navigation 

position and 55 feet above OHW in the 

open-to-navigation position. Many of 

the vessels using the waterway transit 

under a fixed span of the bridge at 

periods of lower water due to the 

difficulty of transiting the navigation 

span, which only has a horizontal 

clearance of 150 feet between piers. 

Due to the limited number of trains 

using the rail line in this area, 

maintaining the bridge in the fully 

open-to-navigation position and only 

lowering the bridge for rail traffic is the 

preferred operating schedule. Because 

this operating schedule has been in 

place for over ten years, and is 

understood and accepted by local 

traffic, the bridge owner requested that 

the Coast Guard publish the current 

operating schedule. This operating 

schedule allows vessels to transit the 

waterway as normal while permitting 

railroad personnel to lower the bridge 

for the passage of train traffic after 

ensuring that no vessels are approaching 

the bridge. 

Maintaining the bridge untended and 

in the open-to-navigation position also 

eliminates the need for a bridge tender. 

This rule proposes to codify the practice 

and bring it into compliance with 33 

CFR 117.41(b)(1). 

D. Discussion of Proposed Rule 

Under 33 CFR 117.5, the MNBR 

bridge is required to open on signal for 

the passage of vessels except as 

otherwise authorized or required. The 

MNBR bridge is currently untended and 

operates under a schedule, known and 

understood by the local users, 

maintaining the bridge in the open-tonavigation position and only closing for 

the passage of rail traffic. That schedule 

is not reflected in the CFR. This rule 

proposes to publish the locally known 

operating schedule, codifying the 

schedule as a Special Operating 

Requirement under 33 CFR part 117, 

subpart B. The proposed special 

operating schedule closing the bridge to 

navigation would occur as follows: 

When a train arrives at the bridge, the 

train will stop and a crewmember from 

the train will observe the waterway for 

approaching vessels. If vessels are 

approaching, the vessels will be allowed 

to pass prior to the bridge being 

lowered. The crewmember will then 

make an announcement via VHF–FM 

channel 16 that the bridge will be 

lowered. If, after two minutes, no 

response has been received, the bridge 

will be lowered for the passage of train 

traffic. The bridge will remain down 

until the train has completely passed 

over the bridge, then the bridge will be 

raised and the crewmember will 

announce an ‘‘all clear’’ via VHF–FM 

channel 16 that the bridge has been 

raised and left in the open-to-navigation 

position. 

If a vessel approaches while the 

bridge is in the closed position, they 

may request an opening by contacting 

the railroad at a number provided in the 

regulatory text as well as on the sign at 

the bridge or by calling the bridge on 

VHF–FM channel 16. 

E. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

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Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 25657 

based on 14 of these statutes or 

executive orders. 

1. Regulatory Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, as 

supplemented by Executive Order 

13563, Improving Regulation and 

Regulatory Review, and does not require 

an assessment of potential costs and 

benefits under section 6(a)(3) of Order 

12866 or under section 1 of Executive 

Order 13563. The Office of Management 

and Budget has not reviewed it under 

those Orders. 

We expect the economic impact of 

this proposed rule to be minimal. This 

rule proposes to codify the current 

operating schedule for the MNBR bridge 

which is already understood, known 

and accepted by the local bridge and 

waterway users. Very few vessels will 

be impacted as the bridge remains open 

at all times except to allow rail traffic to 

pass trains two times a day, five days a 

week. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

the impact of this proposed rule on 

small entities. The Coast Guard certifies 

under 5 U.S.C. 605(b) that this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

This proposed rule would affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels wishing to transit 

the Tombigbee River above mile 128.6 

with vessel air drafts that would require 

the bridge to be open to navigation for 

them to pass safely through the bridge 

site. This action will not have a 

significant economic impact on a 

substantial number of small entities 

because the bridge remains open at all 

times except to allow rail traffic to pass 

two times a day, five days a week. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. The Coast Guard will 

not retaliate against small entities that 

question or complain about this rule or 

any policy or action of the Coast Guard. 

4. Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this proposed rule under that 

Order and have determined that it does 

not have implications for federalism. 

6. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such an 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

7. Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

8. Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

9. Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

10. Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

11. Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that Order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

12. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

13. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01, 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is not likely to have a 

significant effect on the human 

environment because it simply 

promulgates the operating regulations or 

procedures for drawbridges. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

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25658 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. § 117.118 is added to read as 

follows: 

§ 117.118 Tombigbee River. 

The draw of the Meridian and Bigbee 

Railroad (MNBR) vertical lift span 

bridge across the Tombigbee River, mile 

128.6 (Black Warrior Tombigbee (BWT) 

Waterway mile 173.6), at Naheola, shall 

operate as follows: 

(a) The draw shall be maintained in 

the fully open-to-navigation position for 

vessels at all times, except during 

periods when it is closed for the passage 

of rail traffic. 

(b) When a train approaches the 

bridge, it will stop and a crewmember 

from the train will observe the waterway 

for approaching vessels. If vessels are 

observed approaching the bridge, they 

will be allowed to pass prior to lowering 

the bridge. The crewmember will then 

announce via radiotelephone on VHF– 

FM channel 16 that the bridge is 

preparing to be lowered. If, after two 

minutes, no response has been received, 

the crewmember will initiate the 

lowering sequence. 

(c) After the train has completely 

passed over the bridge, the crewmember 

will initiate the raising sequence. When 

the bridge is in the fully open-tonavigation position, the crewmember 

will announce via radiotelephone on 

VHF–FM channel 16 that the bridge is 

in the fully open-to-navigation position. 

(d) To request openings of the bridge 

when the lift span is in the closed-tonavigation position, mariners may 

contact the MNBR via VHF–FM channel 

16 or by telephone at 205–654–4364. 

Dated: April 17, 2012. 

Roy A. Nash, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2012–10449 Filed 4–30–12; 8:45 am] 

BILLING CODE 9910–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

[Docket ID ED–2012–OPE–0008] 

Negotiated Rulemaking Committee; 

Public Hearings 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Intent to establish negotiated 

rulemaking committee. 

SUMMARY: We announce our intention to 

establish a negotiated rulemaking 

committee to prepare proposed 

regulations for the Federal Student Aid 

Programs authorized by 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 

also announce two public hearings at 

which interested parties may suggest 

additional issues that should be 

considered for action by the negotiating 

committee. In addition, for anyone 

unable to attend a public hearing, we 

announce that the Department will 

accept written comments. 

DATES: The dates, times, and locations 

of the public hearings are listed under 

the SUPPLEMENTARY INFORMATION section 

of this notice. We must receive written 

comments suggesting issues that should 

be considered for action by the 

negotiating committee on or before May 

31, 2012. 

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 or by email. 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 ‘‘How to Use 

Regulations.gov.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about these proposed 

regulations, address them to Wendy 

Macias, U.S. Department of Education, 

1990 K Street NW., Room 8017, 

Washington, DC 20006. 

Privacy Note: The Department’s policy is 

to make all comments received from 

members of the public 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 the public hearings, 

go to http://www2.ed.gov/policy/ 

highered/reg/hearulemaking/2012/

index.html or contact: Wendy Macias, 

U.S. Department of Education, 1990 K 

Street NW., Room 8017, Washington, 

DC 20006. Telephone: (202) 502–7526. 

Email: Wendy.Macias@ed.gov. 

For information about negotiated 

rulemaking in general, see The 

Negotiated Rulemaking Process for Title 

IV Regulations, Frequently Asked 

Questions at http://www2.ed.gov/policy/ 

highered/reg/hearulemaking/hea08/negreg-faq.html or contact: Wendy Macias, 

U.S. Department of Education, 1990 K 

Street NW., Room 8017, Washington, 

DC 20006. Telephone: (202) 502–7526. 

Email: Wendy.Macias@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. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or compact disc) by 

contacting Wendy Macias, U.S. 

Department of Education, 1990 K Street 

NW., Room 8017, Washington, DC 

20006. Telephone: (202) 502–7526. 

Email: Wendy.Macias@ed.gov. 

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 committee 

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, 

in accordance with section 492(b)(1) of 

the HEA. 

Regulatory Issues 

We intend to convene a committee to 

develop proposed regulations designed 

to prevent fraud and otherwise ensure 

proper use of Title IV, HEA program 

funds, especially within the context of 

current technologies. In particular, we 

intend to propose regulations to address 

the use of debit cards and other banking 

mechanisms for disbursing Federal 

Student Aid funds. In addition, we 

intend to propose regulations to 

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