The Department of Education is requesting an emergency clearance for this revised information collection, 1845-0058. Additionally, we are requesting that the full clearance package be filed at the same time and that the Department will initiate the 60-day public comment period upon notification of emergency approval.
The Higher Education Act of 1965, as amended (HEA), established the Federal Family Education Loan (FFEL) Program, the William D. Ford Federal Direct Loan (Direct Loan) Program, and the Federal Perkins (Perkins) Loan programs under Title IV, Parts B, D, and E, respectively. Section 437(c)(1) of the HEA authorizes the discharge of a FFEL or Direct Loan program loan borrowerâs obligation to repay their loan(s) based on school closure or false certification of student eligibility. Section 464(g)(1) of the HEA authorizes the discharge of a Perkins Loan Program loan based on school closure.
The Department published a final rule on November 1, 2022 (87 FR 65904) that made significant changes to the regulations governing loan discharge based on school closure and false certification.
If the Department were required to put the collection through the normal clearance process, we would be unable to implement the required regulatory changes by July 1, 2023, resulting in several months of delays in providing eligible borrowers with the benefits of the amended loan discharge regulations and not meeting the requirements of the Master Calendar. Any delay in discharging loans for eligible borrowers would increase the potential for public harm through delayed financial relief to borrowers who would qualify for discharge of their loans under the terms of the amended regulations. As a result, in order to meet the July 1, 2023 implementation date as required by the Master Calendar, the Department is requesting that OMB approve the collection associated with the implementation of the closed school and false certification loan discharge forms using the emergency clearance procedures. Although the Final Rule did not amend the unpaid refund discharge regulations, the unpaid refund discharge application is included with the other forms approved under OMB No. 1845-0058 and therefore is also covered by this request.
US Code:
20 USC 1087(c)(1)
Name of Law: Higher Education Act of 1965, as amended
This is a request for an revision of the current burden hours, respondents and responses. The burden associated with this collection has increased to 32,761 respondents and responses for a total of 21,376 hours due to changes in regulatory requirements and the inclusion of new forms.
Some ICs were removed due to combining several ICs (instruments) for the individual respondents into one IC and the reason why ROCIS is showing a decrease while there is an increase in hours for this ICR.
$0
No
Yes
Yes
No
No
No
No
Beth Grebeldinger 202 708-8242
Reginfo record details
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.
Loan Discharge Applications (DL/FFEL/Perkins)
1845-0058_False Cert UR_Emergency Memo_2023-06-21 update.docx
Loan Discharge Applications (DL/FFEL/Perkins)