Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 35179 

regulations governing the IHBG and 

Title VI Loan Guarantee programs are 

located in part 1000 of HUD’s 

regulations in title 24 of the Code of 

Federal Regulations. In accordance with 

section 106 of NAHASDA, HUD 

developed the regulations with active 

tribal participation, using the 

procedures of the Negotiated 

Rulemaking Act of 1996 (5 U.S.C. 561– 

570). 

Under the IHBG program, HUD makes 

assistance available to eligible Indian 

tribes for affordable housing activities. 

The amount of assistance made 

available to each Indian tribe is 

determined using a formula that was 

developed as part of a prior NAHASDA 

negotiated rulemaking process. A 

regulatory description of the allocation 

formula under the IHBG program is 

located in Subpart D of 24 CFR part 

1000. In general, the amount of funding 

for a tribe is the sum of the formula’s 

need component and the Formula 

Current Assisted Stock (FCAS) 

component, subject to a minimum 

funding amount authorized under the 

regulations. Based on the amount of 

funding appropriated annually for the 

IHBG program, HUD calculates the 

annual grant for each Indian tribe, and 

provides this information to the Indian 

tribes. An Indian Housing Plan for the 

Indian tribe is then submitted to HUD. 

If the Indian Housing Plan is found to 

be in compliance with statutory and 

regulatory requirements, the grant is 

made. 

II. The Negotiated Rulemaking 

Committee 

This notice announces the proposed 

membership of the negotiated 

rulemaking committee. In making its 

proposed selections for membership on 

the negotiated rulemaking committee, 

HUD’s goal was to establish a committee 

whose membership reflects a balanced 

representation of Indian tribes. 

Selections were based on those 

nominees who met the eligibility 

criteria for membership contained in the 

September 18, 2012, Federal Register 

notice (77 FR 57544). HUD is satisfied 

that the proposed membership reflects a 

geographically diverse cross-section of 

small, medium, and large Indian tribes. 

In addition to the tribal members of the 

committee, there will be one or more 

HUD representatives on the negotiated 

rulemaking committee. After careful 

consideration of the public comments 

received on this proposed list of 

committee members, HUD will 

announce the final composition of the 

negotiated rulemaking committee in a 

subsequent Federal Register notice. 

HUD proposes to make the following 

(23) selections for tribal membership on 

the negotiated rulemaking committee: 

Jason Adams, Executive Director, 

Salish-Kootenai Housing Authority, 

Pablo, Montana. 

Annette Bryan, Executive Director, 

Puyallup Housing Authority, Tacoma, 

Washington. 

Heather Cloud, Representative, HoChunk Nation, Tomah, Wisconsin. 

Gary Cooper, Executive Director, 

Cherokee Nation, Tahlequah, 

Oklahoma 

Pete Delgado, Executive Director, 

Tohono O’odham Housing Authority, 

Sells, Arizona. 

Sami Jo Difuntorum, Executive Director, 

Siletz Tribal Housing Department, 

Siletz, Oregon. 

Jason Dollarhide, Second Chief, Peoria 

Tribe of Indians, Miami, Oklahoma. 

Earl Evans, Councilor, Haliwa-Saponi 

Tribe, Hollister, North Carolina. 

Karin Lee Foster, Legal Counsel, 

Yakama Housing Authority, Yakima, 

Washington. 

Carol Gore, President/CEO, Cook Inlet 

Housing Authority, Anchorage, 

Alaska. 

Lafe Haugen, Executive Director, 

Northern Cheyenne Housing 

Authority, Lame Deer, Montana. 

Richard Hill, General Manager, Mille 

Lacs Housing Authority, Onamia, 

Minnesota. 

Leon Jacobs, Representative, Lumbee 

Tribe, Pembroke, North Carolina. 

Teri Nutter, Executive Director, Cooper 

River Basin Regional Housing 

Authority, Glennallen, Alaska. 

Sam Okakok, Housing Director, Barrow, 

Alaska. 

Diana Phair, Executive Director, Lummi 

Nation, Bellingham, Washington. 

Michael Reed, CEO, Cocopah Indian 

Housing and Development, Somerton, 

Arizona. 

Jack Sawyers, Special Projects, Paiute 

Tribe of Utah, Cedar City, Utah. 

Marty Shuravloff, Executive Director, 

Kodiak Island Housing Authority, 

Kodiak, Alaska. 

Russell Sossamon, Executive Director, 

Choctaw Housing Authority, Hugo, 

Oklahoma. 

Michael Thom, Vice Chair, Karuk Tribe, 

Happy Camp, California. 

Sharon Vogel, Executive Director, 

Cheyenne River Housing Authority, 

Eagle Butte, South Dakota. 

Aneva Yazzie, CEO, Navajo Housing 

Authority, Window Rock, Arizona. 

III. Request for Comments and 

Committee Nominations 

Persons may submit comments on 

HUD’s establishment of the formula 

negotiating rulemaking committee and 

may submit additional nominations for 

committee membership in accordance 

with the ADDRESSES section above. 

Nominations for membership on the 

Committee must include: 

1. The name of your nominee and a 

description of the interests the nominee 

would represent; 

2. Evidence that your nominee is 

authorized to represent a tribal 

government, which may include the 

tribally designated housing entity of a 

tribe, with the interests the nominee 

would represent, so long as the tribe 

provides evidence that it authorizes 

such representation; 

3. A written commitment that the 

nominee will actively participate in 

good faith in the development of the 

rule; and 

4. The reasons that the persons 

proposed above do not adequately 

represent the interests of the person 

submitting the nomination. 

IV. Committee Meetings 

At this time, HUD has not finalized 

the schedule and agenda for the 

committee meetings. HUD will provide 

administrative support to the 

committee. Notice of committee 

meetings will be published in the 

Federal Register. Meetings of the 

negotiated rulemaking committee will 

be open to the public without advance 

registration. Public attendance may be 

limited to the space available. Members 

of the public will be provided with an 

opportunity to make statements during 

the meeting, to the extent that time 

permits, and to file written statements 

with the committee for its 

consideration. In the event that the 

logistics of the committee meetings are 

changed, HUD will advise the public 

through Federal Register notice. 

Dated: June 5, 2013. 

Sandra B. Henriquez, 

Assistant Secretary for Public and Indian 

Housing. 

[FR Doc. 2013–13984 Filed 6–11–13; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

[Docket ID ED–2013–OPE–0077] 

Negotiated Rulemaking Committee, 

Negotiator Nominations and Schedule 

of Committee Meetings—Title IV 

Federal Student Aid Programs, Gainful 

Employment in a Recognized 

Occupation 

AGENCY: Office of Postsecondary 

Education, Department of Education. 


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35180 Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 

ACTION: Intention 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 under title IV of 

the Higher Education Act of 1965, as 

amended (HEA) (title IV Federal 

Student Aid programs). The proposed 

regulations would establish standards 

for programs that prepare students for 

gainful employment in a recognized 

occupation. This 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 issue 

to be negotiated to serve on the 

committee and we set a schedule for 

committee meetings. 

The Department continues to review 

and appreciates and values the 

testimony offered at the public hearings 

and the comments submitted through 

the public comment process regarding 

other proposed rulemaking topics, 

including: cash management of funds 

provided under title IV Federal Student 

Aid programs; regulations designed to 

prevent fraud; State authorization for 

programs offered through distance 

education or correspondence education; 

State authorization for foreign locations 

of institutions located in a State; clock 

to credit hour conversion; changes made 

by the Violence Against Women 

Reauthorization Act of 2013 to the 

campus safety and security reporting 

requirements in the HEA; the definition 

of ‘‘adverse credit’’ for borrowers in the 

Federal Direct PLUS Loan Program; and 

campus-based Federal Student Aid 

program reforms. We anticipate 

announcing our intention to establish a 

negotiated rulemaking committee or 

committees to consider some or all of 

these rulemaking issues in the coming 

months. 

DATES: We must receive your 

nominations for negotiators to serve on 

the committee on or before July 12, 

2013. The dates, times, and locations of 

the committee meetings are set out in 

the Schedule for Negotiations section 

under SUPPLEMENTARY INFORMATION, 

below. 

ADDRESSES: Please send your 

nominations for negotiators to Wendy 

Macias, U.S. Department of Education, 

1990 K Street NW., Room 8017, 

Washington, DC 20006. Telephone: 

(202) 502–7526 or by email: 

wendy.macias@ed.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information about the content of this 

notice, including information about the 

negotiated rulemaking process or the 

nomination submission process, 

contact: Wendy Macias, U.S. 

Department of Education, 1990 K Street 

NW., room 8017, Washington, DC 

20006. Telephone: (202) 502–7526 or by 

email: wendy.macias@ed.gov. 

For general information about the 

negotiated rulemaking process, 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. 

If you use a telecommunications 

device for the deaf or text telephone, 

call the Federal Relay Service, 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) on request 

to the program contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: On May 1, 

2012, we published a notice in the 

Federal Register (77 FR 25658) 

announcing our intent to establish a 

negotiated rulemaking committee under 

section 492 of the HEA to develop 

proposed regulations designed to 

prevent fraud and otherwise ensure 

proper use of title IV Federal Student 

Aid program funds, especially within 

the context of current technologies. In 

particular, we announced our intent to 

propose regulations to address the use 

of debit cards and other banking 

mechanisms for disbursing title IV 

Federal Student Aid program funds, and 

to improve and streamline the campusbased Federal Student Aid programs. 

We also announced two 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 committee. 

Those hearings were held on May 23, 

2012, in Phoenix, Arizona, and on May 

31, 2012, in Washington, DC. We 

invited parties to comment and submit 

topics for consideration in writing as 

well. 

On April 16, 2013, we published a 

notice in the Federal Register (78 FR 

2247), as corrected at 78 FR 25235, 

announcing additional topics for 

consideration for action by the 

negotiated rulemaking committee. The 

additional topics for consideration are: 

cash management of funds provided 

under the title IV Federal Student Aid 

programs; State authorization for 

programs offered through distance 

education or correspondence education; 

State authorization for foreign locations 

of institutions located in a State; clock 

to credit hour conversion; gainful 

employment; changes made by the 

Violence Against Women 

Reauthorization Act of 2013, Public Law 

113–4, to the campus safety and security 

reporting requirements in the HEA; and 

the definition of ‘‘adverse credit’’ for 

borrowers in the Federal Direct PLUS 

Loan Program. We announced three 

public hearings at which interested 

parties could comment on the new 

topics suggested by the Department and 

suggest additional topics for 

consideration for action by the 

negotiating committee. On May 13, 

2013, we announced in the Federal 

Register (78 FR 27880) the addition of 

a fourth hearing. The hearings were held 

on May 21, 2013, in Washington, DC; 

May 23, 2013, in Minneapolis, 

Minnesota; May 30, 2013, in San 

Francisco, California; and June 4, 2013, 

in Atlanta, Georgia. We also invited 

parties unable to attend a public hearing 

to submit written comments on the 

additional topics and to submit other 

topics for consideration. Transcripts 

from all six public hearings will be 

found once they are available at 

http://www2.ed.gov/policy/highered/ 

reg/hearulemaking/2012/index.html. 

Written comments submitted in 

response to the May 1, 2012, and April 

16, 2013, notices may be viewed 

through the Federal eRulemaking Portal 

at www.regulations.gov. Instructions for 

finding comments are available on the 

site under ‘‘How to Use 

Regulations.gov’’ in the Help section. 

Individuals can enter docket ID ED– 

2012–OPE–0008 in the search box to 

locate the appropriate docket. 

Regulatory Issues: After consideration 

of the information received at the 

regional hearings and the submitted 

written comments, we have decided to 

establish, at this time, one negotiating 

committee to prepare proposed 

regulations for the title IV Federal 

Student Aid programs establishing 

standards for programs that prepare 

students for gainful employment in a 

recognized occupation. 

We intend to select negotiators for the 

committee who represent the interests 

significantly affected by the 

establishment of standards for programs 

that prepare students for gainful 

employment in a recognized 

occupation. In so doing, we will follow 

the requirement in section 492(b)(1) of 

the HEA that the individuals selected 

must have demonstrated expertise or 

experience in the relevant subject under 

negotiation. We will also select 


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Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 35181 

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 that will allow significantly 

affected parties to be represented while 

keeping the committee size manageable. 

The committee may create subgroups 

on particular aspects of this topic that 

may involve additional individuals who 

are not members of the committee. Such 

individuals who are not selected as 

members of the committee will be able 

to attend the meetings, have access to 

the individuals representing their 

constituencies, and participate in 

informal working groups on various 

issues between the meetings. The 

committee meetings will be open to the 

public. 

Through the publication of future 

Federal Register notices in the coming 

months, we intend to establish 

committees to address other rulemaking 

issues. 

Constituencies: We have identified 

the following constituencies as having 

interests that are significantly affected 

by the topic proposed for negotiations. 

The Department plans to seat as 

negotiators individuals from 

organizations or groups representing 

these constituencies: 

• Students. 

• Legal assistance organizations that 

represent students. 

• Consumer advocacy organizations. 

• Financial aid administrators at 

postsecondary institutions. 

• State higher education executive 

officers. 

• State attorneys general and other 

appropriate State officials. 

• Business and industry. 

• 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 HawaiianServing Institutions, Predominantly 

Black Institutions, and other institutions 

with a substantial enrollment of needy 

students as defined in title III of the 

HEA. 

• Two-year public institutions of 

higher education. 

• Four-year public institutions of 

higher education. 

• Private, non-profit institutions of 

higher education. 

• Private, for-profit institutions of 

higher education. 

• Regional accrediting agencies. 

• National accrediting agencies. 

• Specialized 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 the 

negotiating committee, including the 

committee member representing the 

Department. An individual selected as a 

negotiator will be expected to represent 

the interests of his or her organization 

or group, and 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 that are 

submitted by members of such an 

organization or group. 

Nominations: Nominations should 

include: 

• The name of the nominee, the 

organization or group the nominee 

represents, and a description of the 

interests that the nominee represents. 

• Evidence of the nominee’s expertise 

or experience in the subject to be 

negotiated. 

• Evidence of support from 

individuals or groups within the 

constituency that the nominee will 

represent. 

• The nominee’s commitment that he 

or she will actively participate in good 

faith in the development of the 

proposed regulations. 

• The nominee’s contact information, 

including address, phone number, fax 

number, and email address. 

For a better understanding of the 

negotiated rulemaking process, 

nominees should review The Negotiated 

Rulemaking Process for Title IV 

Regulations, Frequently Asked 

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

highered/reg/hearulemaking/hea08/negreg-faq.html prior to committing to 

serve as a negotiator. 

Nominees will be notified whether or 

not they have been selected as 

negotiators as soon as the Department’s 

review process is completed. 

Schedule for Negotiations: The 

committee will meet for two sessions on 

the following dates: 

Session 1: September 9–11, 2013. 

Session 2: October 21–23, 2013. 

Sessions will run from 9:00 a.m. to 

5:00 p.m. on the first two days, and 9:00 

a.m. to 12:00 p.m. on the last day. 

The meetings will be held at the U.S. 

Department of Education at: 1990 K 

Street NW., Eighth Floor Conference 

Center, Washington, DC 20006. 

Electronic Access to This Document: 

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 via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of the Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at 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. 

Dated: June 7, 2013. 

Martha Kanter, 

Under Secretary for Education. 

[FR Doc. 2013–13975 Filed 6–11–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0395; FRL–9823–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Utah; 

Revisions to Utah Administrative 

Code—Permit: New and Modified 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to partially 

approve and partially disapprove State 

Implementation Plan (SIP) revisions 

submitted by the State of Utah on 

September 15, 2006. The September 15, 

2006 revisions contain new, amended 

and renumbered rules in Utah 

Administrative Code (UAC) Title R–307 

that pertain to the issuance of Utah air 

quality permits. The September 15, 2006 

revisions supersedes, in its entirety, and 

replaces an October 9, 1998 submittal 

that initially revised provisions in 

Utah’s air quality permit program. In 

this action, we are proposing to approve 

all but four of the SIP revisions in the 

September 15, 2006 submittal. We are 

proposing to disapprove the State’s 

rules, R307–401–7 (Public Notice), 

R307–401–9(b) and portions of (c) 

(Small Source Exemption), R307–401– 


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