Borrower Defense to Loan Repayment Universal Forms

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	Available
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	Repair queued
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	Available
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	Available
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified	Available
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified	Available
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified	Repair queued
1845-0163 NCLC Comment Responses.docx	Supplementary Document	Uploaded 2023-05-04	Repair queued
1845-0163 VES Comment Responses.docx	Supplementary Document	Uploaded 2023-05-04	Repair queued
1845-0163 Public Comment Responses rev.docx	Supplementary Document	Uploaded 2023-05-15	Repair queued
FINAL Rule Affordability and Student Loans 20221101.pdf	Supplementary Document	Uploaded 2023-01-24	Repair queued
1845-0163 Supporting Statement 30D 2023 revised.docx	Supporting Statement A	Uploaded 2023-05-08	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
258036	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	N/A
258036	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	N/A
258036	Borrower Defense to Loan Repayment Universal Forms	Other-Affidavit for Institutional Response	New
258035	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	N/A
258035	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	New	N/A
258035	Borrower Defense to Loan Repayment Universal Forms	Other-Affidavit for Institutional Response	New
258034	Borrower Defense to Loan Repayment Universal Forms	Other-Affidavit for Institutional Response	New
240135	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified	N/A
240135	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified	N/A
240135	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified

ICR Details

OMB Control No: 1845-0163	ICR Reference No: 202301-1845-007
Status: Historical Active	Previous ICR Reference No: 202111-1845-005
Agency/Subagency: ED/FSA	Agency Tracking No: ED-2023-SCC-0024
Title: Borrower Defense to Loan Repayment Universal Forms
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: 06/30/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 05/17/2023
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2026	36 Months From Approved	11/30/2023
Responses	378,230	0	96,000
Time Burden (Hours)	990,034	0	48,000
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 a new regulation in §685.400 et seq. - Borrower Defense to Repayment. These final regulations are a result of negotiated rulemaking and will add new requirements to the current regulations. These final regulations require the collection of this information from borrowers who believe they qualify for a borrower defense to repayment discharge, as permitted under Section 455(h) of the HEA. This request is to revise the currently approved information collection 1845-0163 to incorporate the new regulatory requirements and forms. Based on public comment, there have been changes made to the forms and times for completion.

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Authorizing Statute(s): US Code: 20 USC 1070g, 1087a 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 6714	02/01/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 31500	05/17/2023
Did the Agency receive public comments on this ICR? Yes

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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
Borrower Defense to Loan Repayment Universal Forms	N/A, N/A	N/A ,   N/A
Borrower Defense to Loan Repayment Universal Forms	N/A, N/A	N/A ,   N/A
Borrower Defense to Loan Repayment Universal Forms	N/A, N/A	N/A ,   N/A
Borrower Defense to Loan Repayment Universal Forms

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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	378,230	96,000	0	282,230	0	0
Annual Time Burden (Hours)	990,034	48,000	0	942,034	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 for a revised information collection following the 60-day public comment period. This reflects the requirements of the final regulations offered through program change. The burden estimated for this information collection have changed based on public comment. The new burden is 900,000 hours based on estimated 3 hours for 300,000 individual requests, and 75,000 hours based on an estimated 1 hour for individual reconsideration. In addition, based on public comment there is the addition of 14,500 hours for group filings and requests for reconsideration (15 private entities with an estimated 8,300 hour and 10 public entities with an estimated 6,200) and .167 (10 minutes) for 3,200 institutions. This is a total of 303,200 respondents representing an increase of 207,225 respondents, 378,230 responses representing an increase of 282,230 responses and 990,034 representing an increase of 942,034 burden hours.

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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.     Yes

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.     Yes

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: 05/17/2023

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