Federal Family Education Loan Program Regulations

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1845-0020 Supporting Statement BD FINAL.docx	Supporting Statement A	Uploaded 2016-10-19	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
189940	Federal Family Education Loan Program -- state, local, or tribal gov't	Other-Regulations	Unchanged
189939	Federal Family Education Loan Program -- private sector	Other-Regulations	Unchanged
189938	Federal Family Education Loan Program -- individuals		Unchanged
184832	Federal Family Education Loan Program - For-Profit Institutions	Other-Regulations	Unchanged

ICR Details

OMB Control No: 1845-0020	ICR Reference No: 201612-1845-001
Status: Historical Active	Previous ICR Reference No: 201511-1845-001
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Federal Family Education Loan Program Regulations
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/05/2016
	Date Received in OIRA: 12/05/2016
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2019	36 Months From Approved	11/30/2018
Responses	17,100,166	0	17,096,287
Time Burden (Hours)	8,249,520	0	8,241,898
Cost Burden (Dollars)	0	0	0

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Abstract: The Department of Education (the Department) amends the Federal Family Education Loan (FFEL) Program regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement changes made to Part 682 Subpart B – General Provisions for §682.211 – Forbearance and Subpart D – Administration of the Federal Family Education Loan Programs by a Guaranty Agency for §682.402. These final regulations are a result of negotiated rulemaking and will add new requirements to the current regulations. The regulations in §682.211 will require a lender to grant a mandatory administrative forbearance to a borrower upon being notified by the Secretary that the borrower has submitted an application for a borrower defense discharge related to a FFEL Loan that the borrower intends to pay off through a Direct Loan Program Consolidation Loan for the purpose of obtaining relief, as reflected in §685.212(k). The administrative forbearance will be granted in yearly increments of for a period designated by the Secretary until the Secretary notifies the lender that the loan has been consolidated or that the forbearance should be discontinued. The regulations in §682.402(d)(6)(ii)(F) requires a guaranty agency that denies a closed school discharge request to inform the borrower of the opportunity for a review of the guaranty agency’s decision by the Secretary, and explain how the borrower may request such a review. The regulations in §682.402(d)(6)(ii)(I), requires the guaranty agency or the Department, upon resuming collection, to provide a Perkins, FFEL, or Direct Loan borrower with another closed school discharge application, and an explanation of the requirements and procedures for obtaining the discharge. The regulations in §682.402(d)(6)(ii)(K) describes the responsibilities of the guaranty agency and the Secretary if the borrower requests such a review. The regulations in §682.402(d)(8)(iii) authorizes the a guaranty agency with the Department’s permission, to grant a closed school discharge to an FFEL borrower without a borrower application based on information in the Department’s or guaranty agency’s possession that the borrower did not subsequently re-enroll in any title IV-eligible institution within a period of three years after the school closed.

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Authorizing Statute(s): US Code: 20 USC 1071- 1084-4 Name of Law: Higher Education Act of 1965, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1840-AD19	Final or interim final rulemaking	81 FR 75926	11/01/2016

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

table that charts list of burden

IC Title	Form No.	Form Name
Federal Family Education Loan Program - For-Profit Institutions
Federal Family Education Loan Program -- individuals
Federal Family Education Loan Program -- private sector
Federal Family Education Loan Program -- state, local, or tribal gov't

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ICR Summary of Burden

table that charts list 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	17,100,166	17,096,287	0	3,879	0	0
Annual Time Burden (Hours)	8,249,520	8,241,898	0	7,622	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: This request is to revise the currently approved information collection. These changes are due to the regulations offered through agency estimate. The increase in burden to this information collection is 7,622 hours. These changes to the regulations are a result of negotiated rulemaking.

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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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 10/24/2016

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