Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Proposed Rules 4221 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Thursday, October 

19, 2006 (71 FR 61693), announced that 

a public hearing was scheduled for 

February 13, 2007, at 10 a.m. in the IRS 

Auditorium, New Carrollton Federal 

Building, 5000 Ellin Road, Lanham, MD 

20706. Subsequently, a notice of change 

of location of public hearing was 

published in the Federal Register on 

Tuesday, December 26, 2006 (71 FR 

77352), changing the location to the IRS 

Auditorium, Internal Revenue Building, 

1111 Constitution Avenue, NW., 

Washington, DC. The subject of the 

public hearing is under section 141 of 

the Internal Revenue Code. 

The public comment period for these 

regulations expired on January 16, 2007. 

The notice of proposed rulemaking and 

notice of public hearing instructed those 

interested in testifying at the public 

hearing to submit a request to speak and 

an outline of the topics to be addressed. 

As of Tuesday, January 23, 2007, no one 

has requested to speak. Therefore, the 

public hearing scheduled for February 

13, 2007, is cancelled. 

La Nita VanDyke, 

Branch Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration). 

[FR Doc. E7–1380 Filed 1–29–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

Office of Postsecondary Education; 

Notice of Intent To Establish 

Negotiated Rulemaking Committees 

Under Title IV of the Higher Education 

Act of 1965, as Amended 

AGENCY: Department of Education. 

ACTION: Notice of negotiated rulemaking. 

SUMMARY: The Secretary of Education 

(Secretary) announces the establishment 

of two negotiated rulemaking 

committees: one will develop proposed 

regulations related to accreditation 

topics and the other will develop 

proposed regulations related to other 

programmatic, institutional eligibility, 

and general provisions topics under 

Title IV of the Higher Education Act of 

1965, as amended (HEA). In addition, 

the Secretary provides additional 

information on the negotiating 

committee that will address topics 

related to the Academic 

Competitiveness Grant (ACG) and the 

National Science and Mathematics 

Access to Retain Talent Grant (National 

SMART Grant) programs. 

DATES: The dates for the negotiation 

sessions are listed in the SUPPLEMENTARY

INFORMATION section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Macias, U.S. Department of 

Education, 1990 K Street, NW., room 

8017, Washington, DC 20006. 

Telephone: (202) 502–7526. E-mail: 

Wendy.Macias@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

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

audiotape, or computer diskette) on 

request to the contact person listed in 

this section. 

SUPPLEMENTARY INFORMATION: On August 

18, 2006, we published a notice in the 

Federal Register (71 FR 47756) 

announcing our intent to establish up to 

four negotiated rulemaking committees 

to prepare regulations under Title IV of 

the HEA. The notice also announced a 

series of four regional hearings at which 

interested parties could suggest topics 

for consideration for action by the 

negotiating committees. We invited 

parties to submit topics for 

consideration in writing, as well. In the 

notice, we also requested nominations 

for individual negotiators who represent 

key stakeholder constituencies that are 

involved in the student financial 

assistance programs authorized under 

Title IV of the HEA to serve on these 

committees. 

On November 29, 2006, the Secretary 

convened a forum on accreditation to 

discuss strategies for making higher 

education more accessible, affordable, 

and accountable and to explore ways to 

implement the recommendations of her 

Commission on the Future of Higher 

Education. One of the goals of the forum 

was to take the work that the higher 

education community has been doing to 

improve the focus on student learning 

outcomes and to discuss how to work 

together for a more robust, outcomefocused, results-centered accreditation 

system that will benefit students and 

parents and empower them with 

information. The forum also looked at 

ways to streamline and improve the 

accreditation process to support 

innovation, promote consistency in 

accreditation standards, increase 

accountability, and be more transparent 

to the public. 

On December 8, 2006, we published 

a notice in the Federal Register (71 FR 

71117) announcing the establishment of 

a negotiating committee to address 

topics related to the Federal student 

loan programs authorized by Title IV, 

Parts B, D, and E of the HEA. The notice 

included the topics that committee was 

likely to address, the members of that 

committee, and the schedule for that 

committee. That committee began 

meeting in December 2006. 

In addition, the December 8, 2006 

notice announced the establishment of a 

negotiating committee to address topics 

related to the ACG and the National 

SMART Grant programs. We list the 

members of the ACG and National 

SMART Grant committee, the topics 

that committee will likely address, and 

the schedule for that committee 

elsewhere in this notice under ACG and 

National SMART Grant Committee 

Topics, Members, and Meeting 

Schedule. 

Finally, the December 8, 2006 notice 

extended the deadline to respond to our 

request for nominations for individual 

negotiators who represent key 

stakeholder constituencies to serve on 

the ACG and National SMART Grant 

programs committee and any additional 

negotiating committees that may be 

formed to address accreditation, or Title 

IV programmatic, institutional 

eligibility, and general provisions 

topics. 

After further consideration of the 

information received at the regional 

hearings, at the accreditation forum, and 

in writing as a result of the notice, we 

have decided to establish two additional 

negotiating committees. One committee 

will address programmatic, institutional 

eligibility, and general provisions topics 

related to Title IV Parts A (except for 

ACG and National SMART Grant 

programs), C, G, and H (except subpart 

2) of the HEA. The other new committee 

will address accreditation topics (Title 

IV, Part H of the HEA). We list the 

members of these committees, the topics 

the committees will likely address, and 

the schedule for these committees 

elsewhere in this notice under General 

Provisions Committee Topics, Members, 

and Meeting Schedule and 

Accreditation Committee Topics, 

Members, and Meeting Schedule. 

ACG and National SMART Grant 

Committee Topics, Members, and 

Meeting Schedule 

The topics the ACG and National 

SMART Grant Committee is likely to 

address are: 

• Rigorous secondary school 

programs 

• Mandatory institutional 

participation in ACG and National 

SMART Grants 

• Eligibility of certificate programs for 

ACG 


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4222 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Proposed Rules 

• Requirement that Pell Grants and 

ACG or National SMART Grants be 

disbursed at the same institution when 

awarded within the same term 

• Grade point average 

• Transfer students 

• Coursework 

• Timing of calculation 

• Eligibility for disbursement 

• Academic year progression 

The members of the ACG and 

National SMART Grant Committee are: 

Negotiator: Gabriel Pendas, United 

States Student Association. 

Alternate: Justin McMartin, 

Minnesota State Colleges and 

Universities. 

Negotiator: George Chin, City 

University of New York. 

Alternate: Catherine Simoneaux, 

Loyola University. 

Negotiator: Thomas Babel, DeVry, 

Incorporated. 

Alternate: Mathew Hamill, National 

Association of College and University 

Business Officers. 

Negotiator: Margaret Heisel, 

University of California. 

Alternate: Katherine Haley Will, 

Gettysburg College. 

Negotiator: Cecilia Cunningham, 

Middle College National Consortium. 

Alternate: Janine Riggs, Arkansas 

Department of Education. 

Negotiator: Lee Carrillo, Central New 

Mexico Community College. 

Alternate: Pat Hurley, Glendale 

Community College. 

Negotiator: June Streckfus, Maryland 

Business Roundtable for Education. 

Alternate: Denise Hedrick, 

Educational Collaborative. 

Negotiator: Stanley Jones, Indiana 

Commission for Higher Education. 

Alternate: Jim Ballard, Michigan 

Association of Secondary School 

Principals. 

Negotiator: Robert Scott, Texas 

Education Agency. 

Alternate: Joan Wodiska, National 

Governors Association. 

Negotiator: Mary Beth Kelly, 

Pennsylvania Higher Education 

Assistance Agency. 

Negotiator: Linda France, Kentucky 

Department of Education. 

Alternate: Wandra Polk, North 

Carolina Department of Instruction. 

Negotiator: Joe McTighe, Council for 

American Private Education. 

Alternate: William Estrada, Home 

School Legal Defense Association. 

Negotiator: Elaine Copeland, Clinton 

Junior College. 

Negotiator: Bill Lucia, Educational 

Testing Service. 

Alternate: Nancy Segal, ACT. 

We will hold a total of three sessions, 

all of which will be held in the 

metropolitan Washington, DC area. The 

following is the schedule for the 

sessions. This schedule is subject to 

change. 

• Session 1: February 5–7 

• Session 2: March 5–7 

• Session 3: April 16–18 

The February 5–7 negotiating session 

is scheduled from 9:30 to 5 p.m. on 

February 5; 9:30 a.m. to 5 p.m. on 

February 6; and 9 a.m. to 12 p.m. on 

February 7. The Committee will 

convene at the Department of 

Education, 8th Floor Conference Center, 

1990 K Street, NW., Washington, DC 

20006. 

General Provisions Committee Topics, 

Members, and Meeting Schedule 

The topics the General Provisions 

Committee is likely to address are: 

• Consistent enrollment status 

definitions for all Title IV programs 

(full-time, half-time, etc.) 

• Consistent definitions of 

undergraduate and graduate student for 

all Title IV programs 

• Define independent study 

• Nonstandard term and nonterm 

programs 

• Use of completion of half the 

weeks of instructional time for 

timing of loan disbursements 

• Determining loan eligibility for 

nonstandard term programs 

• Require institutions to use 

consistent disbursement periods, 

where allowed under the law 

• Cash management 

• Recovery of funds not claimed by 

student or parent 

• Student/parent permission for 

electronic disbursements 

• Requirements for ‘‘issuing a 

check’’ by making it available for 

pickup 

• Late, late disbursements 

• Affirmative confirmation of a 

loan 

• Simplify excess cash allowances 

• Treatment of Federal Family 

Education Loan (FFEL) and Direct Loan 

funds when a student withdraws before 

beginning class—make consistent with 

other programs 

• Eliminate the single disbursement 

requirement for Perkins and Federal 

Supplemental Education Opportunity 

Grants (FSEOG) 

• Technical corrections 

The members of the General 

Provisions Committee are: 

Negotiator: Rebecca Thompson, 

United States Student Association. 

Alternate: Justin Klander, Minnesota 

State College Student Association. 

Negotiator: Elaine Neely-Eacona, 

Kaplan Higher Education Corporation. 

Alternate: Susan Little, University of 

Georgia. 

Negotiator: David Glezerman, Temple 

University. 

Alternate: Anne Gross, National 

Association of College and University 

Business Officers. 

Negotiator: Stephen Sussman, Barry 

University. 

Negotiator: Linda Michalowski, 

California Community Colleges. 

Alternate: Carol Mowbray, Northern 

Virginia Community College. 

Negotiator: Kay Noah Stroud, 

Appalachian State University. 

Alternate: Beverly Young, California 

State University. 

Negotiator: Stacey Ludwig, Western 

Governors University. 

Alternate: Paula Luff, DePaul 

University. 

Negotiator: Steven Dill, Lincoln 

Educational Services, Inc. 

Alternate: Robert Collins, Apollo 

Group, Inc. 

Negotiator: Mary Ann Welch, 

National Association of State Student 

Grant and Aid Programs. 

Alternate: Lee Woods, Chase 

Education Finance. 

Negotiator: Starlith Chiquita Carter, 

National Accrediting Commission of 

Cosmetology Arts and Sciences. 

We will hold a total of three sessions, 

all of which will be held in the 

metropolitan Washington, DC area. The 

following is the schedule for the 

sessions. This schedule is subject to 

change. 

• Session 1: February 7–9 

• Session 2: March 7–9 

• Session 3: April 18–20 

The February 7–9 negotiating session 

is scheduled from 1 to 5 p.m. on 

February 7; 9 a.m. to 5 p.m. on February 

8; and, 9 a.m. to 4 p.m. on February 9. 

The Committee will convene at the 

Department of Education, 8th Floor 

Conference Center, 1990 K Street, NW., 

Washington, DC 20006. 

Accreditation Committee Topics, 

Members, and Meeting Schedule 

The topics the Accreditation 

Committee is likely to address are: 

• Measures of student achievement 

• Relationship of process standards to 

student achievement 

• Consideration of mission in 

application of standards 

• Monitoring of institutions by 

accrediting organizations 

• Substantive change 

• Due process 

• Transfer of credit 

• Definition of terms 

• Technical and process 

improvements 

The members of the Accreditation 

Committee are: 


ycherry on PROD1PC64 with PROPOSALS
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Proposed Rules 4223 

Negotiator: Elise Scanlon, Accrediting 

Commission of Career Schools and 

Colleges of Technology. 

Negotiator: Steve Crow, Higher 

Learning Commission, North Central 

Association of Colleges and Schools. 

Alternate: Ralph Wolff, Accrediting 

Commission for Senior Colleges and 

Universities, Western Association of 

Schools and Colleges. 

Negotiator: Betty Horton, Association 

of Specialized and Professional 

Accreditors. 

Alternate: Elaine Cuklanz, Joint 

Review Committee on Educational 

Programs in Nuclear Medicine 

Technology. 

Negotiator: John Wiley, University of 

Wisconsin-Madison. 

Alternate: Stephen Reno, University 

System of New Hampshire. 

Negotiator: Geri Malandra, University 

of Texas System. 

Alternate: Keith Boyum, California 

State University Office of the 

Chancellor. 

Negotiator: Gerrit Gong, Brigham 

Young University. 

Alternate: Don LeDuc, Thomas M. 

Cooley Law School. 

Negotiator: Craig Swenson, Western 

Governors University. 

Alternate: Mark L. Pelesh, Coalition 

for an American Competitive Workforce. 

Negotiator: Tom Corts, The Alabama 

College System. 

Alternate: Elaine Copeland, Clinton 

Junior College. 

Negotiator: Thelma Thompson, 

University of Maryland Eastern Shore. 

Negotiator: Paula Peinovich, Walden 

University. 

Alternate: Ron Blumenthal, Kaplan 

University and Kaplan Higher 

Education. 

Negotiator: Judith Eaton, Council on 

Higher Education Accreditation. 

Negotiator: John Dew, American 

Society for Quality. 

Alternate: Brent Ruben, Center for 

Organizational Development and 

Leadership, Rutgers University. 

We will hold a total of three sessions, 

all of which will be held in the 

metropolitan Washington, DC area. The 

following is the schedule for the 

sessions. This schedule is subject to 

change. 

• Session 1: February 21–23 

• Session 2: March 26–28 

• Session 3: April 24–26 

The February 21–23 negotiating 

session is scheduled from 1 to 5 p.m. on 

February 21; 9 a.m. to 5 p.m. on 

February 22; and 9 a.m. to 4 p.m. on 

February 23. The Committee will 

convene at the Crystal City Marriott, 

1999 Jefferson Davis Highway, 

Arlington, Virginia 22202. 

We will post information about 

subsequent negotiating sessions for all 

four committees, including information 

on the meeting sites and any schedule 

changes, at http://www.ed.gov/policy/ 

highered/reg/hearulemaking/2007/ 

nr.html. 

These lists of topics are tentative. 

Topics may be added as the process 

continues. A summary of the 

information the Department received at 

the hearings and in writing will be 

published as part of the notices of 

proposed rulemaking resulting from the 

negotiations. 

In selecting individuals and 

organizations from the submitted 

nominations to represent the 

constituencies listed in the August 18, 

2006 and December 8, 2006 Federal 

Register notices, the Department sought 

to assemble a balanced and 

complementary representation of the 

interests affected by the subject matter, 

consistent with section 492 of the HEA. 

We believe the organizations and 

individuals selected will bring valuable 

knowledge and expertise to the table, 

and will work as a cohesive unit to 

assist us in developing proposed 

regulations that are both reasonable and 

effective. Organizations and individuals 

that were not selected as members of the 

committees will be able to attend the 

meetings and have access to the 

organizations and individuals 

representing their constituencies. The 

committee meetings will be open to the 

public. 

Please note that participation in the 

rulemaking process is not limited to 

members of the committee or those who 

work directly with the committee. 

Following the negotiated rulemaking 

process, the Department will publish 

proposed regulations in the Federal 

Register for public comment. The target 

date for publication of proposed 

regulations developed by these 

committees is June or July 2007. 

Electronic Access to This Document 

You may view this document in text 

or Adobe Portable Document Format 

(PDF) on the Internet at the following 

site: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office toll free at 1–888–293–

6498; or in the Washington, DC area at 

(202) 512–1530. 

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: http://www.gpoaccess.gov/nara/ 

index.html. 

Program Authority: 20 U.S.C. 1098a. 

Dated: January 26, 2007. 

James F. Manning, 

Delegated the Authority for the Assistant 

Secretary for Postsecondary Education. 

[FR Doc. 07–413 Filed 1–26–07; 10:11 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[EPA–HQ–OW–2006–0765; FRL–8274–7] 

Proposed NPDES Permit Fee Incentive 

for Clean Water Act Section 106 

Grants—Allotment Formula; Public 

Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public meeting. 

SUMMARY: The Environmental Protection 

Agency hereby gives notice that it will 

conduct one public meeting on the 

proposed regulatory revision: NPDES 

Permit Fee Incentive for Clean Water 

Act Section 106 Grants; Allotment 

Formula. This proposed rule was 

published in the Federal Register on 

January 4, 2007 (72 FR 293), under the 

title ‘‘NPDES Permit Fee Incentive for 

Clean Water Act Section 106 Grants; 

Allotment Formula.’’

The purpose of the meeting is to 

enhance public understanding of the 

proposed regulation and to provide the 

public with an opportunity to provide 

oral and written comments to EPA 

regarding the proposed regulation. Oral 

comments given during the public 

meeting will be transcribed and 

included in the docket. Written 

comments will be submitted to the 

docket as well. The meeting provides a 

mechanism for submitting formal 

comments on the proposal. The meeting 

will consist of a presentation by EPA 

officials on the proposed regulation 

followed by a public comment session. 

Each commenter will be allowed a set 

amount of time to provide oral 

comments to EPA. Where appropriate, 

EPA will provide clarification regarding 

the proposed rule. Participants are 

encouraged to familiarize themselves 

with the basic aspects of the proposed 

regulation prior to the public meeting. 

Advance registration is not required. 

DATES: The public meeting will be held 

on February 21, 2007. 

ADDRESSES: The public meeting will be 

held from 1 p.m. to 4 p.m. EST in 


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