Federal Family Education Loan Program Regulations

Forms and Documents

Document Name	Status
1845-0020 Supporting Statement NPRM rev.docx Supporting Statement A	2018-07-25

IC Document Collections

IC ID	Document Title	Status
189940	Federal Family Education Loan Program -- state, local, or tribal gov't Other-Regulations	Modified
189939	Federal Family Education Loan Program -- private sector Other-Regulations	Modified
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: 201807-1845-004
Status: Historical Inactive	Previous ICR Reference No: 201612-1845-001
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: Comment filed on proposed rule and continue	Conclusion Date: 11/02/2018
	Date Received in OIRA: 07/31/2018
Terms of Clearance: Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). The agency shall examine public comment in response to the NPRM and will describe in the supporting statement of its next collection any public comments received regarding the collection as well as why (or why it did not) incorporate the commenter’s recommendation. The next submission to OMB must include the draft final rule.

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

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Abstract: The Department of Education (the Department) proposes to amend the Federal Family Education Loan (FFEL) Program regulations to implement changes Subpart D – Administration of the Federal Family Education Loan Programs by a Guaranty Agency for §682.402. These proposed regulations are a result of negotiated rulemaking and would add new requirements to the current regulations. The proposed regulations in §682.402(d) extend the number of days that a borrower must have withdrawn from a closed school to qualify for a closed school discharge would be extended from 120 days to 180 days. The proposed regulations in §682.402(d)(6)(ii)(F) would require 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 proposed regulations in §682.402(d)(6)(ii)(J) would describe the responsibilities of the guaranty agency and the Secretary if the borrower requests such a review. The proposed 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 proposed 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- 1087-4 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-AD26	Proposed rulemaking	83 FR 37242	07/31/2018

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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

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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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 proposed regulations offered through program change. The increase in burden to this information collection is 410 hours based on an additional total 194 estimated responses for 24 respondents. The agencies would have to update their systems to identify enrollment tied to a closed school discharge for an applicant from the current 120 day prior to closure to 180 day prior to closure. Additionally, the agencies would have to establish a system to forward documentation to the Secretary for any closed school discharge which it did not approve if so requested by the borrower.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 07/31/2018

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