Federal Family Educational Loan Program (FFEL) Regulations - Administrative Requirements for States. Not-For-Profit Lenders, and Eligible Lender Trustees

Forms and Documents

Document	Type	Status	Availability
Att_supporting.statement1845-0085.Not.for.profit.holders.08.26.08.doc	Supporting Statement A	Uploaded 2008-10-21	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
185372	FFEL Not for Profit Lenders	Other-TBL. FFEL	Modified

ICR Details

OMB Control No: 1845-0085	ICR Reference No: 200810-1845-008
Status: Historical Active	Previous ICR Reference No: 200806-1845-002
Agency/Subagency: ED/FSA	Agency Tracking No: 3818
Title: Federal Family Educational Loan Program (FFEL) Regulations - Administrative Requirements for States. Not-For-Profit Lenders, and Eligible Lender Trustees
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/28/2008
	Date Received in OIRA: 10/23/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	36 Months From Approved
Responses	77	0	0
Time Burden (Hours)	105	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The Federal Family Educational Loan Program proposed regulations revise current regulations in areas of program administration. The proposed regulations assure the Secretary that the integrity of the program is protected from fraud and misuse of program funds. The proposed regulations in §682.302 require a State, non-profit entity, or eligible lender trustee to provide to the Secretary a certification on the State or non-profit entity’s letterhead signed by the State or non-profit’s Chief Executive Officer which states the basis upon which the entity qualifies as a State or non-profit entity. The submission must include documentation establishing the entity’s State or non-profit status. In addition, the submission must include the name and lender identification number for which the eligible not-for profit designation is being certified. A separately submitted certification or opinion by the State or non-profit entity’s legal counsel or the office of the attorney general of the State, must be submitted with supporting documentation that shows that the State or non-profit entity is a constituted State entity by operation of specific State law, has been designated by the State or one or more political subdivisions of the State to serve as a qualified scholarship funding corporation, and is incorporated under State law as a not-for-profit organization , or is an entity described in Section 501(c)(3) of the IRS Code, or has in effect a relationship with an eligible lender under which the ender is acting as trustee on behalf of the State or non-profit entity.

---

Authorizing Statute(s): US Code: 20 USC 1078 Name of Law: Higher Education Act of 1965, as amended
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1840-AC94	Final or interim final rulemaking	73 FR 63232	10/23/2008

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
FFEL Not for Profit Lenders

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	77	0	0	77	0	0
Annual Time Burden (Hours)	105	0	0	105	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The burden is due to changing of regulations.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/23/2008

---