Federal Family Education Loan Program Regulations

Forms and Documents

Document Name	Status
1845-0020 Paperwork Burden Statement for NPRM 2022 update 2.docx Supplementary Document	2022-07-12
1845-0020 Supporting Statement 2022 NPRM updated 2.docx Supporting Statement A	2022-07-13

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 Other-Regulations	Modified
184832	Federal Family Education Loan Program - For-Profit Institutions Other-Regulations	Modified

ICR Details

OMB Control No: 1845-0020	ICR Reference No: 202207-1845-006
Status: Received in OIRA	Previous ICR Reference No: 201909-1845-008
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	Date Submitted to OIRA: 07/13/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2022
Responses	17,100,726	17,100,166
Time Burden (Hours)	8,265,122	8,249,520
Cost Burden (Dollars)	0	0

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Abstract: The Department of Education 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(e) and §682.414(b). These proposed regulations are a result of negotiated rulemaking and would add new requirements to the current regulations. The proposed regulations in §682.402(e)(6)(iii) would require if a FFEL borrower submits an application for discharge that a FFEL program loan holder determines is incomplete, the loan holder would notify the borrower of that determination and allow the borrower 30 days to amend the application and provide supplemental information. The proposed regulations in §682.402(e)(6)(vii) would require a guaranty agency to issue a decision that explains the reasons for any adverse determination on a false certification discharge application, describes the evidence on which the decision was made, and provides the borrower, upon request, copies of the evidence. The guaranty agency would consider any response or additional information from the borrower and notify the borrower as to whether the determination is changed. The proposed regulations in §682.402(e)(6)(ix) would provide the borrower with the option to request that the Secretary review the guaranty agency's decision. The proposed regulations in §682.414(b)(4), would require FFEL Program lenders to report detailed information related to a borrower’s deferments, forbearances, repayment plans, delinquency, and contact information on any FFEL loan to the Department by an established deadline.

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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-AD59	Proposed rulemaking	87 FR 41878	07/13/2022

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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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ICR Summary of Burden

	Total Request	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	17,100,726	17,100,166	0	560	0	0
Annual Time Burden (Hours)	8,265,122	8,249,520	0	15,602	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 proposed regulations offered through program change. The increase in burden to this information collection is 15,602 hours based on an additional total 560 estimated responses.

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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? No

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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: 07/13/2022

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