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

Forms and Documents

Document Name	Status
1845-0021 Supporting Statement NPRM rev.docx Supporting Statement A	2018-07-26

IC Document Collections

IC ID	Document Title	Status
189833	William D. Ford Federal Direct Loan Program (DL) Regulations Other-Public Institutions Affected Party Information 1845-0021	Unchanged
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	Unchanged

ICR Details

OMB Control No: 1845-0021	ICR Reference No: 201807-1845-007
Status: Historical Inactive	Previous ICR Reference No: 201603-1845-009
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: 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	09/30/2019	36 Months From Approved	09/30/2019
Responses	8,698,789	0	8,698,789
Time Burden (Hours)	709,521	0	709,521
Cost Burden (Dollars)	0	0	0

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Abstract: The Department of Education (the Department) proposes to amend 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 §685.304 - Counseling borrowers. These proposed regulations are a result of negotiated rulemaking and would add a new requirement to the current regulations. These proposed regulations would amend §685.304 to require institutions that use pre-dispute arbitration agreements or class action waivers to disclose descriptions of those agreements using written, plain language to borrowers as well as with written information on how to use the institution’s internal dispute resolution process. The institutions must make this information available to the student borrower prior to the first disbursement.

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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-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
William D. Ford Federal Direct Loan Program (DL) Regulations
William D. Ford Federal Direct Loan Program (DL) Regulations
Ford Federal Direct Loan Program for Non-Profit Private Insitution
William D. Ford Federal Direct Loan Program (DL) Regulations

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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 for a revision of 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 30,225 hours based on additional estimated 3 hours for 944 institutional responses and an additional estimated 5 minutes for 342,407 individual responses. The institutions would need to update the entrance counseling materials for borrowers explaining any pre-dispute arbitration agreements or class action waivers the institution requires of enrolling students. The individuals would be given additional time to review the newly required information before accepting the first disbursement of a Direct Loan.

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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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