William D. Ford Federal Direct Loan Program (DL) Regulations

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1845-0021 Paperwork Burden Statement for Final Rule.docx	Supplementary Document	Uploaded 2022-11-02	Repair queued
1845-0021 Supporting Statement 2022 Final Rule.docx	Supporting Statement A	Uploaded 2022-11-02	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
189833	William D. Ford Federal Direct Loan Program (DL) Regulations	Other-Public Institutions Affected Party Information 1845-0021	Modified
189831	William D. Ford Federal Direct Loan Program (DL) Regulations	Other-Regulations	Modified
189817	William D. Ford Federal Direct Loan Program (DL) Regulations	Other-Regulations	Modified
184884	Ford Federal Direct Loan Program for Non-Profit Private Insitution	Other-Not For Profit Institutions Affected Party Information 184	Modified

ICR Details

OMB Control No: 1845-0021	ICR Reference No: 202211-1845-001
Status: Historical Active	Previous ICR Reference No: 202207-1845-007
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: William D. Ford Federal Direct Loan Program (DL) 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: 12/05/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/02/2022
Terms of Clearance: OIRA is approving this request, but notes a discrepancy between the burden hours published in the final rule and those in the PRA submission. ED will be issuing a notice revising the burden hours associated with the rule to match those submitted for PRA approval under this control number.”

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2025	36 Months From Approved	12/31/2022
Responses	9,377,525	0	9,042,140
Time Burden (Hours)	840,079	0	739,746
Cost Burden (Dollars)	0	0	0

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Abstract: The Department of Education (the Department) amends the William D. Ford Federal Direct Loan (Direct Loan) Program regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement changes made to the regulations in §685.300 - Agreements between an eligible school and the Secretary for participation in the Direct Loan Program and to remove prior changes to §685.304 - Counseling borrowers. These final regulations are a result of negotiated rulemaking and adds new requirements to and removes a requirement from the current regulations. This request is for a revision of the current information collection to include the new regulatory requirements with the attendant burden and the removal of some current regulatory language and its current burden. The Department reinstates prior regulations that barred institutions, as a condition of participating in the Direct Loan program, from requiring borrowers to accept pre-dispute arbitration agreements and class action waivers as they relate to borrower defense claims. These regulations remove §685.304(a)(6)(xiii) through (xv). The regulations at §685.300 state the conditions under which disclosures would be required and provide deadlines for such disclosures removing the need for this regulatory language. The regulations at §685.402 specify the process for establishing a group borrower defense against repayment request and review of such requests.

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Authorizing Statute(s): US Code: 20 USC 1087a et seq Name of Law: Higher Education Act 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-AD53	Final or interim final rulemaking	87 FR 65904	11/01/2022

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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

table that charts list of burden

IC Title	Form No.	Form Name
Ford Federal Direct Loan Program for Non-Profit Private Insitution
William D. Ford Federal Direct Loan Program (DL) Regulations
William D. Ford Federal Direct Loan Program (DL) Regulations
William D. Ford Federal Direct Loan Program (DL) Regulations

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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	9,377,525	9,042,140	0	335,385	0	0
Annual Time Burden (Hours)	840,079	739,746	0	100,333	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This request is for a revision of the currently approved information collection. These changes are due to the final regulations offered through program change. The increase in burden to this information collection is 100,333 hours for 335,385 responses including the removal of 30,225 hours due to the deletion of the previous regulatory requirements.

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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: 11/02/2022

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