Borrower Defenses Regulations

ICR 201612-1845-002

OMB: 1845-0142

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2016-10-20
ICR Details
1845-0142 201612-1845-002
Historical Active 201610-1845-005
ED/FSA
Borrower Defenses Regulations
New collection (Request for a new OMB Control Number)   No
Regular
Approved without change 12/05/2016
Retrieve Notice of Action (NOA) 12/05/2016
  Inventory as of this Action Requested Previously Approved
12/31/2019 36 Months From Approved
670 0 0
1,049 0 0
0 0 0

The Department of Education (the Department) amends the William D. Ford Federal Direct Loan Program regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement changes made to the regulations in §685.222. These final regulations are a result of negotiated rulemaking and will add new requirements to the current regulations. These final regulations in §685.222 provide a framework for the borrower defense individual and group process, including descriptions of the circumstances under which group borrower defense claims could be considered, and the process the Department will follow for borrower defenses for a group. The regulations establish a process for review and determination of a borrower defense for groups identified by the Secretary for which the borrower defense is made regarding a Direct Loans for attendance at a closed school that has not provided financial protection currently available to the Secretary from which to recover any losses based on borrower defense claims, and for which there is no appropriate entity from which the Secretary can otherwise practicably recover such losses. The regulations also establish the process for groups identified by the Secretary for which the borrower defense is asserted with respect to Direct Loans to attend an open school.

US Code: 20 USC 1087e Name of Law: Higher Education Act of 1965, as amended
  
None

1840-AD19 Final or interim final rulemaking 81 FR 75926 11/01/2016

No

  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 670 0 0 670 0 0
Annual Time Burden (Hours) 1,049 0 0 1,049 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Changing Regulations
No
This request is for a new information collection. These changes are due to the final regulations offered through agency discretion. The increase in burden to this information collection is 1,049 hours. These changes to the regulations are a result of negotiated rulemaking.

$0
No
No
No
No
No
Uncollected
Beth Grebeldinger 202 708-8242

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
10/24/2016


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