69612 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Proposed Rules 

not have ‘‘tribal implications’’ as 

defined in that order. This proposed 

rule would not have substantial direct 

effects 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. 

V. Authority and Signature 

David Michaels, Ph.D., MPH, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Washington, DC 20210, 

authorized the preparation of this 

notice. OSHA is issuing this proposed 

rule under the following authorities: 29 

U.S.C. 653, 655, 657; 40 U.S.C. 3701 et 

seq.; 5 U.S.C. 553; Secretary of Labor’s 

Order No. 1–2012 (77 FR 3912; Jan. 25, 

2012); and 29 CFR part 1911. 

List of Subjects in 29 CFR Part 1910 

Mechanical power presses, 

Occupational safety and health, Safety. 

Signed at Washington, DC, on November 8, 

2013. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Proposed Amendments to Standards 

For the reasons stated earlier in this 

preamble, the Occupational Safety and 

Health Administration is proposing to 

amend 29 CFR part 1910 as set forth 

below: 

PART 1910—[AMENDED] 

Subpart O—[Amended] 

■ 1. Revise the authority citation for 

subpart O of part 1910 to read as 

follows: 

Authority: 29 U.S.C. 653, 655, 657; 

Secretary of Labor’s Order No. 12–71 (36 FR 

8754), 8–76 (41 FR 25059), 9–83 (48 FR 

35736), 1–90 (55 FR 9033), 5–2002 (67 FR 

65008), or 1–2012 (77 FR 3912), as 

applicable; 20 CFR part 1911. Sections 

1910.217 and 1910.219 also issued under 5 

U.S.C. 553. 

■ 2. Amend § 1910.217 by revising 

paragraph (e)(1) to read as follows: 

§ 1910.217 Mechanical power presses. 

* * * * * 

(e) * * * 

(1) Inspection and maintenance 

records. The employer shall establish 

and follow an inspection program 

having a general component and a 

directed component. 

(i) Under the general component of 

the inspection program, the employer 

shall: 

(A) Conduct periodic and regular 

inspections of each power press to 

ensure that all of its parts, auxiliary 

equipment, and safeguards, including 

the clutch/brake mechanism, antirepeat 

feature, and single-stroke mechanism, 

are in a safe operating condition and 

adjustment; 

(B) Perform and complete necessary 

maintenance or repair, or both, before 

operating the press; and 

(C) Maintain a certification record of 

each inspection, and each maintenance 

and repair task performed, under this 

general component of the inspection 

program, that includes the date of the 

inspection, maintenance, or repair work, 

the signature of the person who 

performed the inspection, maintenance, 

or repair work, and the serial number, 

or other identifier, of the power press 

inspected, maintained, and repaired. 

(ii) Under the directed component of 

the inspection program, the employer 

shall: 

(A) Inspect and test each press on a 

regular basis at least once a week to 

determine the condition of the clutch/

brake mechanism, antirepeat feature, 

and single-stroke mechanism; 

(B) Perform and complete necessary 

maintenance or repair, or both, on the 

clutch/brake mechanism, antirepeat 

feature, and single-stroke mechanism 

before operating the press; and 

(C) Maintain a certification record of 

each maintenance task performed under 

the directed component of the 

inspection program that includes the 

date of the maintenance task, the 

signature of the person who performed 

the maintenance task, and the serial 

number, or other identifier, of the power 

press maintained. 

Note to paragraph (e)(1)(ii): Inspections of 

the clutch/brake mechanism, antirepeat 

feature, and single-stroke mechanism 

conducted under the directed component of 

the inspection program are exempt from the 

requirement to maintain certification records 

specified by paragraph (e)(1)(i)(C) of this 

section, but inspections of the clutch/brake 

mechanism, antirepeat feature, and singlestroke mechanism conducted under the 

general component of the inspection program 

are not exempt from this requirement. 

(iii) Paragraph (e)(1)(ii) of this section 

does not apply to presses that comply 

with paragraphs (b)(13) and (14) of this 

section. 

* * * * * 

[FR Doc. 2013–27694 Filed 11–19–13; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter VI 

[Docket ID ED–2013–OPE–0130] 

Negotiated Rulemaking Committee, 

Negotiator Nominations and Schedule 

of Committee Meetings—Title IV 

Federal Student Aid Programs, 

Program Integrity and Improvement 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice of intention to establish. 

SUMMARY: We announce our intention to 

establish a negotiated rulemaking 

committee to prepare proposed 

regulations to address program integrity 

and improvement issues 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 

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 

issues to be negotiated to serve on the 

committee, and we set a schedule for 

committee meetings. 

DATES: We must receive your 

nominations for negotiators to serve on 

the committee on or before December 

20, 2013. The dates, times, and locations 

of the committee meetings are set out in 

the Schedule for Negotiations section in 

the SUPPLEMENTARY INFORMATION section. 

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 (TDD) or text 

telephone (TTY), call the Federal Relay 


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Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Proposed Rules 69613 

Service (FRS), toll free, at 1–800–877– 

8339. 

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 

22467), which we corrected on April 30, 

2013 (78 FR 25235), announcing 

additional topics for consideration for 

action by the negotiated rulemaking 

committee. The additional topics for 

consideration were 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 (VAWA), to the campus safety 

and security reporting requirements in 

the Jeanne Clery Disclosure of Campus 

Security Policy and Campus Crime 

Statistics Act (Clery Act); 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 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. 

On June 12, 2013, we announced our 

intention to establish a negotiated 

rulemaking committee to prepare 

proposed regulations to establish 

standards for programs that prepare 

students for gainful employment in a 

recognized occupation (78 FR 35179). 

On September 19, 2013, we announced 

our intention to establish a negotiated 

rulemaking committee to prepare 

proposed regulations to address the 

changes made by the VAWA to the 

campus safety and security reporting 

requirements in the Clery Act (78 FR 

57571). 

Regulatory Issues: After considering 

the information received at the regional 

hearings and the written comments, we 

have decided to establish a third 

negotiating committee to prepare 

proposed regulations to address 

program integrity and improvement 

issues for the title IV Federal Student 

Aid programs. We list the specific topics 

the Program Integrity and Improvement 

Committee is likely to address under 

Committee Topics, below. 

We intend to select negotiators for the 

committee who represent the interests 

significantly affected by the topics 

proposed for negotiations. 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 subjects under negotiation. 

We will also select 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 topics 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. 

Committee Topics: The topics the 

Program Integrity and Improvement 

Committee is likely to address are: 

• Cash management of funds 

provided under the title IV Federal 

Student Aid programs, including the 

use of debit cards and the handling of 

title IV credit balances. 

• 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. 

• The definition of ‘‘adverse credit’’ 

for borrowers in the Federal Direct 

PLUS Loan Program. 

• The application of the repeat 

coursework provisions to graduate and 

undergraduate programs. 

These topics are tentative. Topics may 

be added or removed as the process 

continues. 

The committee’s consideration of the 

cash management regulations will 

concern, in part, whether they provide 

opportunities to deter fraud and 

otherwise ensure proper use of title IV 

Federal Student Aid program funds 

within the context of current 

technologies. We note that the 

Department has taken a number of nonregulatory steps to address the concerns 

in this area raised by the September 26, 

2011, Office of Inspector General’s (OIG) 

Investigative Program Advisory Report. 

On October 20, 2011, the Department 

issued Dear Colleague Letter GEN–11– 

17, recommending actions that 

institutions can take to detect and 

prevent fraud in distance education 

programs and announcing the 

establishment of a Department-wide 

task force on the subject. The 

Department also implemented changes 

to the verification requirements. For 

example, Dear Colleague Letter GEN– 

13–09, published March 8, 2013, 

describes Department screening 

procedures for students with unusual 

enrollment histories and requires 

institutions to resolve the resulting 

Institutional Student Information 

Record codes for these students. We 

believe that these non-regulatory efforts 

will mitigate the vulnerabilities 

identified by the OIG report, and will 


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69614 Federal Register / Vol. 78, No. 224 / Wednesday, November 20, 2013 / Proposed Rules 

consider their results in deciding 

whether additional rule changes are 

needed in the future to address student 

fraud. 

The Department continues to review 

the valuable testimony offered at the 

public hearings and the comments 

submitted through the public comment 

process regarding other proposed 

rulemaking topics, and may form 

additional committees to consider other 

topics. 

Constituencies: We have identified 

the following constituencies as having 

interests that are significantly affected 

by the topics 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. 

• 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. 

• Financial aid administrators at 

postsecondary institutions. 

• Business officers and bursars at 

postsecondary institutions. 

• Admissions officers at 

postsecondary institutions. 

• Institutional third-party servicers 

who perform functions related to the 

title IV Federal Student Aid programs 

(including collection agencies). 

• State approval agencies. 

• Lenders, community banks, and 

credit unions. 

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 on the 

proposed regulations that are submitted 

by members of such an organization or 

group. 

Nominations: Nominations should 

include: 

• The committee for which the 

nominee is nominated (Program 

Integrity and Improvement). 

• 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 subjects 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 

Program Integrity and Improvement 

Committee will meet for three sessions 

on the following dates: 

Session 1: February 19–21, 2014 

Session 2: March 26–28, 2014 

Session 3: April 23–25, 2014 

Sessions will run from 9 a.m. to 5 

p.m. 

The committee meetings will be held 

at the U.S. Department of Education at: 

1990 K Street NW., Eighth Floor 

Conference Center, Washington, DC 

20006. 

The meetings are open to the public. 

Accessible Format: 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. 

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: November 15, 2013. 

Lynn B. Mahaffie, 

Acting Deputy Assistant Secretary for Policy, 

Planning, and Innovation, delegated the 

authority to perform the functions and duties 

of the Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2013–27850 Filed 11–19–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AO17 

Home Improvements and Structural 

Alterations (HISA) Benefits Program 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to establish 

regulations for the Home Improvements 

and Structural Alterations (HISA) 

benefits program. Through the HISA 

benefits program, VA has provided 

monetary benefits to disabled veterans 

for necessary home improvements and 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1