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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices

potential impacts. The following public
scoping meetings have been scheduled:
Cowlitz Expo Center, 1900 7th
Avenue, Longview, Washington 98632
on Tuesday, September 17, 2013, from
5:00 p.m. to 8:00 p.m.
Spokane Convention Center, 334 West
Spokane Falls Boulevard, Spokane,
Washington 99201 on Wednesday,
September 25, 2013, from 5:00 p.m. to
8:00 p.m.
The Trac Center, 6600 Burden
Boulevard, Pasco, Washington 99301 on
Tuesday, October 1, 2013, from 5:00
p.m. to 8:00 p.m.
Clark County Fairgrounds, 17402
Northeast Delfel Road, Ridgefield,
Washington 98642 on Wednesday,
October 9, 2013, from 5:00 p.m. to 8:00
p.m.
Tacoma Convention Center, 1500
Broadway, Tacoma, Washington 98402
on Thursday, October 17, 2013, from
5:00 p.m. to 8:00 p.m.
In addition, an ‘‘online scoping
meeting’’ will be continuously hosted
on the EIS Internet Web site at
www.millenniumbulkeiswa.gov for the
duration of the scoping period.
b. Potentially significant issues to be
analyzed in the EIS include, but are not
limited to direct, indirect, and
cumulative effects of the project-specific
activities proposed within the NEPA
scope of analysis as described above on
navigation (e.g., vessel traffic and
navigational safety); aquatic habitats;
aquatic species, including Endangered
Species Act-listed species and
Washington State species of concern;
Tribal treaty rights; wetland and
riparian habitat; wildlife; vehicle traffic;
cultural, historic, and archeological
resources; air and water quality; noise;
recreation; land use; and aesthetics.
c. The Corps will consult with the
Washington State Historic Preservation
Officer and applicable Tribes to comply
with the National Historic Preservation
Act; the U.S. Fish and Wildlife Service
and National Marine Fisheries Service
to comply with the Endangered Species
Act; the National Marine Fisheries
Service to comply with the Essential
Fish Habitat provisions of the
Magnuson-Stevens Fishery
Conservation and Management Act; and
applicable Tribes to comply with
reserved treaty fishing rights.
d. Development of the draft EIS will
begin after the close of the scoping
period. The draft EIS is currently
scheduled to be available for public
review and comment by June 2015.
e. A 90-day public review period will
be provided for interested parties to
review and comment on the draft EIS.
Interested parties are encouraged to

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contact the Corps if they wish to be
notified when the draft EIS is issued.
f. All comments received will become
part of the administrative record for this
project and subject to public release to
third-parties, including any personally
identifiable information such as name,
phone number, and address, included in
the comment.
Dated: July 29, 2013.
Bruce A. Estok,
Colonel, Corps of Engineers, District Engineer.
[FR Doc. 2013–19738 Filed 8–13–13; 8:45 am]
BILLING CODE 3720–58–P

DEPARTMENT OF EDUCATION
[Docket No. ED–2013–ICCD–0056]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
IEPS International Resource
Information System (IRIS)
Office of Postsecondary
Education (OPE), Department of
Education (ED).
ACTION: Notice.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 3501 et seq.), ED is
proposing a revision of an existing
information collection.
DATES: Interested persons are invited to
submit comments on or before
September 13, 2013.
ADDRESSES: Comments submitted in
response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at http://
www.regulations.gov by selecting
Docket ID number ED–2013–ICCD–0056
or via postal mail, commercial delivery,
or hand delivery. Please note that
comments submitted by fax or email
and those submitted after the comment
period will not be accepted. Written
requests for information or comments
submitted by postal mail or delivery
should be addressed to the Director of
the Information Collection Clearance
Division, U.S. Department of Education,
400 Maryland Avenue SW., LBJ, Room
2E103, Washington, DC 20202–4537.
FOR FURTHER INFORMATION CONTACT:
Electronically mail
ICDocketMgr@ed.gov. Please do not
send comments here.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
SUMMARY:

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opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: IEPS International
Resource Information System (IRIS).
OMB Control Number: 1840–0759.
Type of Review: Revision of an
existing collection of information.
Respondents/Affected Public: Private
Sector, Federal Government, Individuals
or households.
Total Estimated Number of Annual
Responses: 6,754.
Total Estimated Number of Annual
Burden Hours: 13,439.
Abstract: This is a re-clearance of the
on-line reporting system, International
Resource Information System (IRIS) that
IFLE uses to collect annual performance
reports from Title VI and Fulbright-Hays
grantees. The system is also used by
IFLE to disseminate program
information to the public.
Kate Mullan,
Acting Director, Information Collection
Clearance Division, Privacy, Information and
Records Management Services, Office of
Management.
[FR Doc. 2013–19622 Filed 8–13–13; 8:45 am]
BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION
Notice Inviting Guaranty Agencies To
Submit Requests To Participate in a
Voluntary Flexible Agreement
Office of Postsecondary
Education, Department of Education.
ACTION: Notice.
AGENCY:

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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices
The Secretary invites
guaranty agencies with agreements to
participate in the Federal Family
Education Loan (FFEL) Program to
submit requests to enter into a
Voluntary Flexible Agreement (VFA)
with the Secretary, as authorized by the
Higher Education Act of 1965, as
amended (HEA). Guaranty agencies
whose requests are accepted will
operate under the requirements of the
VFA in lieu of the guaranty agency
agreements established under the HEA.
The Secretary intends to enter into
VFAs with a small number of guaranty
agencies (likely three or fewer) that will
assume responsibility for all or some of
the defaulted and non-defaulted FFEL
Program loans transferred to it by the
Secretary from a guaranty agency whose
HEA agreements with the Secretary are,
or will be, terminated. Those agencies
will continue to operate under their
existing guaranty agency agreements,
established under the HEA, for their
own FFEL Program Loan portfolios.
DATES: Deadline for submission of a
Request for a VFA: September 13, 2013.
ADDRESSES: A Request for a VFA must
be submitted via email to the following
email address: vfateam@ed.gov.
Instructions for Submitting a Request for
a VFA: A guaranty agency that wants to
request a VFA pursuant to this notice
must submit to the Secretary a letter on
the guaranty agency’s letterhead, signed
by the chief executive officer of the
guaranty agency. The letter must
include the name, mailing address,
email address, FAX number, and
telephone number of a contact person at
the guaranty agency. The guaranty
agency must also submit, as attachments
to the letter, information addressing
required capacities and expertise as
described in the Agency Demonstrated
Performance section of this notice.
The letter and attachments are to be
submitted as an Adobe Portable
Document (PDF) attachment to an email
message sent to the email address
provided in the ADDRESSES section of
this notice. The ‘‘Subject’’ line of the
email must read ‘‘Request for a VFA’’.
FOR FURTHER INFORMATION CONTACT:
Email: VFATeam@ed.gov; Telephone:
(202) 377–4401.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

Voluntary Flexible Agreements
Under section 428(b) and (c) of the
HEA, guaranty agencies perform certain
roles in the FFEL Program pursuant to

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agreements with the Secretary. Section
428A of the HEA authorizes the
Secretary to enter into VFAs with
guaranty agencies in lieu of the
agreements entered into under section
428(b) and (c) of the HEA. This
authority allows the Secretary to work
with guaranty agencies to develop,
utilize, and evaluate alternate ways of
ensuring that the responsibilities of the
guaranty agencies are fulfilled in the
most cost-effective and efficient manner
possible. A VFA may provide that the
guaranty agency will earn revenues and
fees in a manner different than that
provided under the regular guaranty
agency agreements under section 428(b)
and (c) of the HEA. The overall cost to
the Federal government of a VFA cannot
exceed the cost to the government under
the regular guaranty agency agreements.
As part of a VFA with a guaranty
agency, the Secretary may waive or
modify statutory and regulatory
requirements as necessary, except that
the Secretary may not waive any
statutory requirements related to the
terms and conditions attached to
student loans or to default claim
amounts paid to FFEL Program lenders.
A VFA will also specify the
circumstances under which it may be
terminated by the Secretary in advance
of any established termination date and
any other provisions the Secretary
believes are necessary to protect the
United States from unreasonable risk of
loss.
Earlier VFA Solicitation
In a Federal Register notice published
on May 31, 2011 (76 FR 31312), the
Secretary solicited proposals from
guaranty agencies that wished to be
considered for participation in a
specialized VFA. The Secretary
requested those proposals because of the
then-recent significant statutory changes
to the FFEL Program. Those changes
included: the Ensuring Continued
Access to Student Loan Act of 2008, as
amended (Pub. L. 110–227) (ECASLA),
which authorized the Secretary to create
programs to allow FFEL Program loan
holders to sell certain FFEL Program
loans to the Secretary; and the SAFRA
Act, part of the Health Care and
Education Reconciliation Act of 2010
(Pub. L. 111–152), that ended, as of July
1, 2010, the authority to originate FFEL
Program loans. As a result of ECASLA
and the SAFRA Act, the total dollar
amount of FFEL Program loans held or
insured by guaranty agencies has
diminished (and will continue to
diminish), resulting in less revenue
available to the agencies and
jeopardizing their ability to meet their
FFEL Program responsibilities.

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The purpose of the Secretary’s 2011
VFA solicitation was to establish new
guaranty agency structures and
financing mechanisms to protect the
Federal fiscal interest in light of the
diminishing outstanding FFEL Program
portfolio. The Secretary also expected
that the VFAs would help ensure that
guaranty agencies were able to continue
to provide high quality services to
borrowers, lenders, and postsecondary
educational institutions while also
supporting the important
responsibilities that the agencies have in
the areas of default prevention,
outreach, and oversight.
After reviewing the proposals
submitted by guaranty agencies in
response to the May 31, 2011, Federal
Register notice, the Secretary
determined that the proposals did not
meet the stated objectives for the VFAs,
nor were they responsive to the specific
proposal requirements included in the
May 31, 2011, notice. For these reasons,
the Secretary has decided that the VFA
approach proposed in 2011 is no longer
a viable response to the significant
changes to the FFEL Program, and that
it is appropriate to develop VFAs that
better address the current status of the
program and the evolving structure of
the guaranty agency component of the
FFEL Program.
Reasons for This Solicitation
As noted, certain statutory changes
have reduced, and will continue to
reduce, the revenues available to
guaranty agencies. The Secretary
expects that over the next several years,
a number of guaranty agencies may
choose to end their participation in the
FFEL Program. It is also possible that, as
a result of required oversight and
monitoring of guaranty agencies’
finances and operations, the Secretary
may determine that it is necessary to
terminate an agency’s agreements under
HEA section 428(b) and (c). Since 1990,
20 guaranty agencies have left the FFEL
Program for a variety of reasons. In most
of these situations, the Department has,
working with the closing agency,
arranged with another guaranty agency
to assume all or part of the closing
agency’s FFEL Program responsibilities.
In light of the increasing likelihood
that additional guaranty agencies will
close as the FFEL Program loan portfolio
is retired, the Secretary believes that a
structured and predictable process
should be developed and implemented
to protect the integrity of the
outstanding FFEL Program loan
portfolio. Thus, the Secretary has
decided to establish VFAs with a small
number of guaranty agencies (likely
three or fewer), each of which would,

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upon the request of the Secretary,
assume responsibility of some or all of
a terminating guaranty agency’s
defaulted and non-defaulted loans.

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Scope of the VFAs
When a guaranty agency’s
participation in the FFEL Program ends,
the Department may arrange for the
transfer of all or some of the outstanding
non-defaulted FFEL Program loans, and
all or some of the defaulted loan
portfolio of the terminating agency, to
one or more of the guaranty agencies
participating under a VFA established
pursuant to this notice (a VFA
participating guaranty agency). Under
the VFA, the Secretary would retain
discretion in deciding which VFA
participating guaranty agency or
agencies, if any, will be responsible for
a closing agency’s portfolio.
A transfer of the FFEL Program
portfolio from a terminating agency to a
VFA participating guaranty agency will
ensure that FFEL Program lenders that
hold outstanding FFEL loans guaranteed
by the terminating agency will retain the
benefit of those guarantees and that the
borrowers of those loans will continue
to receive the services of a guaranty
agency in accordance with statutory and
regulatory requirements. Similarly, the
transfer of defaulted loans on which the
Secretary previously paid the
terminating agency reinsurance
pursuant to section 428(c) of the HEA to
a VFA participating guaranty agency
will ensure continued servicing and
collection activities on those loans as
required by the HEA and the
Department’s regulations.
Duration of the VFA
The Secretary expects that VFAs
entered into as a result of this notice
will be established for a period of four
years with the possibility, if both parties
agree, of year-to-year renewals at the
end of the four-year period. The VFA
will provide that the guaranty agency
may not terminate the VFA early
without requesting and receiving the
Secretary’s approval to do so. However,
the VFA will also provide that, to
protect the interests of Federal
taxpayers, borrowers, and FFEL Program
loan holders, the Secretary may
terminate the VFA at any time and may
do so without any advance notification
to the agency. If a VFA is terminated,
the Secretary will have sole discretion
to determine the disposition of the loans
assigned to the agency under the VFA.
Duration of Loan Transfer
The Secretary will assign the VFA
participating guaranty agency
responsibility for a loan transferred from

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a terminating agency for a minimum of
two years from the date when the VFA
participating guaranty agency, at the
direction of the Secretary, assumes legal
responsibility for the loan. The
transferred loans may be defaulted loans
or non-defaulted guaranteed loans. The
VFA will also provide that for a
transferred non-defaulted loan that
subsequently defaults, the two-year
period may be extended for up to three
months if the VFA participating
guaranty agency would otherwise be
unable to perform the activities required
under 34 CFR 682.410(b)(6)(ii).
Notwithstanding the above, defaulted
loans serviced by the VFA participating
guaranty agency are subject to the
requirements of 34 CFR 682.409
governing mandatory assignment by
guaranty agencies of defaulted loans to
the Secretary if they meet the criteria for
such assignment.
After the end of the two-year period,
the Secretary may direct the VFA
participating guaranty agency to assign
defaulted loans to the Secretary or to
another guaranty agency for continued
collections, and to transfer the guarantee
on a non-defaulted loan.
Operating Under a VFA
A guaranty agency that enters into a
VFA with the Secretary as described in
this notice will operate under the VFA
only for the loans transferred to it by the
Secretary under the terms of the VFA.
The agency will continue to operate
under its existing guaranty agency
agreements, established under section
428(b) and (c) of the HEA, for purposes
of its own FFEL Program loan portfolio.
Accordingly, the VFA will require the
agency to maintain records on the
transferred loans separately from the
loans it holds or has guaranteed on its
own behalf.
The terms of any VFA will be subject
to any changes in the HEA (or other
applicable laws) and the Department’s
regulations, unless waived or modified
by the Secretary, and to any applicable
administrative actions of the Secretary.
Agency Demonstrated Performance
The Secretary will choose the
agencies with which to enter into a VFA
pursuant to this notice by identifying
those agencies that best demonstrate
that they have the managerial and
operational capacity, including
significant and demonstrable scalability
in their management, finances, systems,
and infrastructure, to assume the
responsibilities of an expanded loan
portfolio.
A guaranty agency that requests to
enter into a VFA with the Secretary
pursuant to this notice must provide the

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Secretary, in the format described in the
Instructions for Submitting a Request for
a VFA section of this notice, detailed
information that demonstrates that it
has the necessary capacity and expertise
in at least the following areas:
D Lender Oversight—The expertise
and capacity to perform lender and
lender servicer oversight in an efficient
and cost-effective manner for an
expanded loan portfolio.
D Default Aversion and Prevention—
A fully developed and successful
delinquency and default prevention
program that is scalable to support an
expanded portfolio of non-defaulted
loans transferred to it under the VFA.
D Outreach and Financial Literacy—A
fully developed and successful outreach
and financial literacy program that is
scalable to support an expanded
portfolio of non-defaulted loans
transferred to it under the VFA.
D Lender Claims Review—Scalability
in operations and management to
perform timely, accurate, and
comprehensive lender claims review for
an expanded loan portfolio.
D Claims Payment—The financial and
operational capability to make timely,
accurate, and reconcilable lender claim
payments and reinsurance requests for
an expanded loan portfolio.
D Collections—Demonstrated success
and scalability in the collection of
defaulted loans, including a successful
loan rehabilitation program.
D Financial Reporting—The capability
to provide accurate and timely required
reports to the Secretary, both for its
regular agency reporting and for the
special reporting required under the
VFA.
D National Student Loan System
(NSLDS)—Demonstrated capacity to
fulfill all current NSLDS reporting
requirements in a timely and accurate
manner and the systems flexibilities to
provide any additional NSLDS reporting
that may be required under the VFA.
D Assignment of Loans to the
Secretary—The operational and
financial processes necessary to assign
an increased number of defaulted loans
to the Secretary.
D FISMA Compliance—Proof of
FISMA compliance based on applicable
information technology (IT) security
standards and guidelines established by
the National Institute of Standards and
Technology (NIST).
Secretary’s Oversight
The Secretary will conduct additional
oversight and monitoring of the
activities of VFA participating guaranty
agencies to assess each agency’s
continuing financial viability and
operational capacity to properly perform

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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices
all FFEL Program guaranty agency
responsibilities, including the added
responsibilities assigned to it under the
VFA. This oversight will include, at a
minimum, requirements that the
guaranty agency submit operational
status reports, financial reports, and
performance metrics on the portfolio
assigned to it under the VFA.
Schedule of Revenues and Fees
The Secretary expects that the
increased number of defaulted loans on
which a VFA participating guaranty
agency will collect will result in
financial savings from economies of
scale and increased efficiencies. In
addition, the VFA participating
guaranty agencies will earn increased
revenues from Account Maintenance
Fees (AMF) and Default Aversion Fees
(DAF) on the increased number of nondefaulted loans for which the agency
has assumed guarantor responsibility.
As noted in the Voluntary Flexible
Agreements section of this notice, a VFA
may provide that a guaranty agency will
earn revenues and fees differently than
it would under agreements pursuant to
section 428(b) and (c) of the HEA.
Therefore, VFAs developed as a result of
this notice will include a revised
schedule of revenues and fees that will
apply to loans transferred to the VFA
participating guaranty agency pursuant
to the VFA. The revised schedule,
which will be common to all VFA
participating guaranty agencies, will
result in lower costs to the Secretary.
Under the revised schedule, the VFA
participating guaranty agency will
receive the regular AMF rate calculated
under 34 CFR 682.404(i) and DAF
calculated under 34 CFR 682.404(k)(2).
The schedule will provide that the
agency will retain 100 percent of
collection costs paid by borrowers on
defaulted loans, capped at current
regulatory limits. However, the revised
schedule will provide that, except on
loans which have been rehabilitated
under 34 CFR 682.405, the Secretary’s
share of total collections of principal
and interest is 100 percent. For loans
that have been rehabilitated, the
Secretary’s share will be 93 percent.

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Letters of Request for a VFA
Guaranty agencies with agreements
with the Secretary under section 428(b)
and (c) of the HEA that wish to enter
into a VFA under the terms outlined in
this notice must submit a written
‘‘Request for a VFA’’ by the deadline in
the DATES section of this notice and in
the format described in the Instructions
for Submitting a Request for a VFA
section of this notice.

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Information to Be Included With the
Request for a VFA

your search to documents published by
the Department.

A Request for a VFA must include
information addressing the guaranty
agency’s capacity to perform each of the
activities discussed in the Agency
Demonstrated Performance section of
this notice. The information should be
submitted as an attachment to the
agency’s Request for a VFA letter and be
in the form of a bulleted narrative that
totals no more than 10 pages. The
Secretary may request that the agency
provide supporting or other
documentation to assist the Secretary in
making a decision regarding the
agency’s possible participation in a
VFA.

Program Authority: 20 U.S.C. 1070a,
1070a–1, 1070b–1070b–4, 1070c–1070c–4,
1070g, 1071–1087–2, 1087a–1087j, and
1087aa–1087ii; 42 U.S.C. 2751–2756b.

Availability of Letters of Request for
Consideration
Requests for a VFA submitted to the
Secretary in response to this notice will
generally be considered public
documents.
Selection

Frm 00046

[FR Doc. 2013–19749 Filed 8–13–13; 8:45 am]
BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. IC13–20–000]

Commission Information Collection
Activities (FERC–515); Comment
Request; Extension
Federal Energy Regulatory
Commission, DOE.
ACTION: Notice of information collection
and request for comments.
AGENCY:

The Secretary will review and
evaluate an agency’s Request for a VFA
letter, the accompanying supporting
documentation, and other relevant
information (e.g., financial information,
audit and program review results, and
any relevant public information about
the agency and its management) that is
available to the Secretary. The guaranty
agencies that will be offered the
opportunity to enter into a VFA as
described in this notice will be those
that the Secretary determines best
demonstrate their capability to perform
the responsibilities under the VFA.
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 contact listed above.
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 this 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

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Dated: August 9, 2013.
Brenda Dann-Messier,
Assistant Secretary for Vocational and Adult
Education, delegated the authority to perform
the functions and duties of the Assistant
Secretary for Postsecondary Education.

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In compliance with the
requirements of the Paperwork
Reduction Act of 1995, 44 U.S.C.
3506(c)(2)(A), the Federal Energy
Regulatory Commission (Commission or
FERC) is soliciting public comment on
the currently approved information
collection, FERC–515 (Rules of Practice
and Procedure: Declaration of
Intention).

SUMMARY:

Comments on the collection of
information are due October 15, 2013.
ADDRESSES: You may submit comments
(identified by Docket No. IC13–20–000)
by either of the following methods:
• eFiling at Commission’s Web site:
http://www.ferc.gov/docs-filing/
efiling.asp
• Mail/Hand Delivery/Courier:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE., Washington, DC 20426.
Instructions: All submissions must be
formatted and filed in accordance with
submission guidelines at: http://
www.ferc.gov/help/submissionguide.asp. For user assistance contact
FERC Online Support by email at
ferconlinesupport@ferc.gov, or by phone
at: (866) 208–3676 (toll-free), or (202)
502–8659 for TTY.
Docket: Users interested in receiving
automatic notification of activity in this
docket or in viewing/downloading
comments and issuances in this docket
may do so at http://www.ferc.gov/docsfiling/docs-filing.asp.
DATES:

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