80_FR_33055 80 FR 32944 - Agency Information Collection Activities; Comment Request; Borrower Defenses against Loan Repayment

80 FR 32944 - Agency Information Collection Activities; Comment Request; Borrower Defenses against Loan Repayment

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range32944-32945
FR Document2015-14184

In accordance with the Paperwork Reduction of 1995 (44 U.S.C. Chapter 3507(j)), ED is requesting the Office of Management and Budget (OMB) to conduct an emergency review of a new information collection.

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015)
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32944-32945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14184]


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DEPARTMENT OF EDUCATION

[Docket No.: ED-2015-ICCD-0072]


Agency Information Collection Activities; Comment Request; 
Borrower Defenses against Loan Repayment

AGENCY: Federal Student Aid (FSA), Department of Education (ED).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction of 1995 (44 U.S.C. 
Chapter 3507(j)), ED is requesting the Office of Management and Budget 
(OMB) to conduct an emergency review of a new information collection.

DATES: An emergency review has been requested in accordance with the 
Act (44 U.S.C. Chapter 3507 (j)), due to an unanticipated event. 
Approval by the Office of Management and Budget (OMB) has been 
requested by June 4, 2015.

ADDRESSES: Comments submitted in response to this notice should be 
submitted electronically through the Federal eRulemaking Portal at 
http://www.regulations.gov by selecting Docket ID number ED-2015-ICCD-
0072 or via postal mail, commercial delivery, or hand delivery. If the 
regulations.gov site is not available to the public for any reason, ED 
will temporarily accept comments at ICDocketMgr@ed.gov. Please note 
that comments submitted by fax or email and those submitted after the 
comment period will not be accepted; ED will ONLY accept comments 
during the comment period

[[Page 32945]]

in this mailbox when the regulations.gov site is not available. Written 
requests for information or comments submitted by postal mail or 
delivery should be addressed to the Director of the Information 
Collection Clearance Division, U.S. Department of Education, 400 
Maryland Avenue SW, LBJ, Mailstop L-OM-2-2E319, Room 2E103, Washington, 
DC 20202.

FOR FURTHER INFORMATION CONTACT: For specific questions related to 
collection activities, please contact Colleen McGinnis, (202) 377-4330.

SUPPLEMENTARY INFORMATION: The Department of Education (ED), in 
accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
3506(c)(2)(A)), provides the general public and Federal agencies with 
an opportunity to comment on proposed, revised, and continuing 
collections of information. This helps the Department assess the impact 
of its information collection requirements and minimize the public's 
reporting burden. It also helps the public understand the Department's 
information collection requirements and provide the requested data in 
the desired format. ED is soliciting comments on the proposed 
information collection request (ICR) that is described below. The 
Department of Education is especially interested in public comment 
addressing the following issues: (1) Is this collection necessary to 
the proper functions of the Department; (2) will this information be 
processed and used in a timely manner; (3) is the estimate of burden 
accurate; (4) how might the Department enhance the quality, utility, 
and clarity of the information to be collected; and (5) how might the 
Department minimize the burden of this collection on the respondents, 
including through the use of information technology. Please note that 
written comments received in response to this notice will be considered 
public records.
    Title of Collection: Borrower Defenses Against Loan Repayment.
    OMB Control Number: 1845-NEW.
    Type of Review: A new information collection.
    Respondents/Affected Public: Individuals or Households.
    Total Estimated Number of Annual Responses: 150,000.
    Total Estimated Number of Annual Burden Hours: 150,000.
    Abstract: This is a request for an emergency collection to 
facilitate the collection of information for borrowers who believe they 
have cause to invoke the borrower defenses against repayment of a loan 
as noted in regulation. This collection includes Web site language that 
will provide minimum information that requests need to include for 
consideration as well as a separate specific attestation form. These 
processes are being offered to aid in preserving borrowers' rights and 
to meet the fiduciary responsibilities of the federal student loan 
programs. These collections will allow the Department of Education to 
inform borrowers and loan servicers of the information needed to review 
and adjudicate requests for relief under borrower defenses regulations.
    Additional Information: Section 455(h) of the Higher Education Act 
of 1965, as amended (20 U.S.C. 1087e(h) provides that the U.S. 
Department of Education (Department) defines by regulation which claims 
against a school constitute defenses to repayment of a loan under the 
Federal Direct Loan (Direct Loan) program. Following a negotiated 
rulemaking process, the Department published amendments to the Direct 
Loan program regulations on December 1, 1994. These regulations 
included borrower defenses specified in 34 CFR 685.206(c). The 
regulation, in part, states ``(c)(1) [i]n any proceeding to collect on 
a Direct Loan, the borrower may assert as a defense against repayment, 
an act or omission of the school attended by the student that would 
give rise to a cause of action against the school under applicable 
State law.'' Prior to 2015, the borrower defense identified above was 
rarely asserted by any borrowers and no specific methods of collecting 
information was defined or found necessary. In the 20 years prior, the 
Department received 5 claims for borrower defense. Over the last 
several months, the Department has received over 1000 such claims due 
to a building debt activism movement as well as the notoriety of 
Corinthian's collapse, creating a need for a clearer process for 
potential claimants. This exponential increase in demand was unexpected 
and outside of the Department's control.

    Dated: June 5, 2015.
Stephanie Valentine,
Acting Director, Information Collection Clearance Division, Office of 
the Chief Privacy Officer, Office of Management.
[FR Doc. 2015-14184 Filed 6-9-15; 8:45 am]
 BILLING CODE 4000-01-P



                                                    32944                        Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

                                                    SUMMARY:   Pursuant to Section 102(2)(C)                www.regulations.gov by selecting                         Respondents/Affected Public: State,
                                                    of the National Environmental Policy                    Docket ID number ED–2015–ICCD–0075                     Local and Tribal Governments
                                                    Act (NEPA) of 1969, as implemented by                   or via postal mail, commercial delivery,                 Total Estimated Number of Annual
                                                    the Council on Environmental Quality                    or hand delivery. If the regulations.gov               Responses: 450
                                                    Regulations (40 CFR parts 1500–1508),                   site is not available to the public for any              Total Estimated Number of Annual
                                                    the Department of the Navy (DoN) has                    reason, ED will temporarily accept                     Burden Hours: 7,200
                                                    prepared the ROD for the FEIS for the                   comments at ICDocketMgr@ed.gov.                          Abstract: Talent Search grantees must
                                                    disposal and reuse of NASJRB Willow                     Please note that comments submitted by                 submit the report annually. The report
                                                    Grove Pennsylvania. The DoN is                          fax or email and those submitted after                 provides the Department of Education
                                                    required to close NASJRB Willow Grove                   the comment period will not be                         with information needed to evaluate a
                                                    per Public Law 101–510, the Defense                     accepted; ED will ONLY accept                          grantee’s performance and compliance
                                                    Base Closure and Realignment Act of                     comments during the comment period                     with program requirements and to
                                                    1990, as amended in 2005. The ROD                       in this mailbox when the regulations.gov               award prior experience points in
                                                    was prepared by the DoN.                                site is not available. Written requests for            accordance with the program
                                                    FOR FURTHER INFORMATION CONTACT:                        information or comments submitted by                   regulations. The data collection is also
                                                    Director, Base Realignment and Closure                  postal mail or delivery should be                      aggregated to provide national
                                                    (BRAC) Program Management Office                        addressed to the Director of the                       information on project participants and
                                                    East, 4911 Broad Street, Building 679,                  Information Collection Clearance                       program outcomes.
                                                    Philadelphia, PA 19112–1303,                            Division, U.S. Department of Education,                  Dated: June 5, 2015.
                                                    telephone 215–897–4900, fax 215–897–                    400 Maryland Avenue SW., LBJ,                          Stephanie Valentine,
                                                    4902, email: Gregory.preston@navy.mil                   Mailstop L–OM–2–2E319, Room 2E105,                     Acting Director, Information Collection
                                                    SUPPLEMENTARY INFORMATION: The
                                                                                                            Washington, DC 20202.                                  Clearance Division, Office of the Chief Privacy
                                                    complete text of the ROD is available on                FOR FURTHER INFORMATION CONTACT:      For              Officer, Office of Management.
                                                    the Navy BRAC Program Management                        specific questions related to collection               [FR Doc. 2015–14165 Filed 6–9–15; 8:45 am]
                                                    Office Web site at http://                              activities, please contact Craig Pooler,               BILLING CODE 4000–01–P
                                                    www.bracpmo.navy.mil/ along with the                    202–502–7640.
                                                    FEIS and other supporting documents.                    SUPPLEMENTARY INFORMATION:       The
                                                    Single copies of the ROD are available                                                                         DEPARTMENT OF EDUCATION
                                                                                                            Department of Education (ED), in
                                                    upon request by contacting Director,                    accordance with the Paperwork                          [Docket No.: ED–2015–ICCD–0072]
                                                    BRAC Program Management Office East,                    Reduction Act of 1995 (PRA) (44 U.S.C.
                                                    4911 Broad Street, Building 679,                        3506(c)(2)(A)), provides the general                   Agency Information Collection
                                                    Philadelphia, PA 19112–1303,                            public and Federal agencies with an                    Activities; Comment Request;
                                                    telephone 215–897–4900, fax 215–897–                    opportunity to comment on proposed,                    Borrower Defenses against Loan
                                                    4902, email: Gregory.preston@navy.mil                   revised, and continuing collections of                 Repayment
                                                      Dated: June 4, 2015.                                  information. This helps the Department                 AGENCY: Federal Student Aid (FSA),
                                                    N.A. Hagerty-Ford,                                      assess the impact of its information                   Department of Education (ED).
                                                    Federal Register Liaison Officer, Commander,            collection requirements and minimize                   ACTION: Notice.
                                                    Judge Advocate General’s Corps, U.S. Navy.              the public’s reporting burden. It also
                                                    [FR Doc. 2015–14172 Filed 6–9–15; 8:45 am]              helps the public understand the                        SUMMARY:    In accordance with the
                                                    BILLING CODE 3810–FF–P                                  Department’s information collection                    Paperwork Reduction of 1995 (44 U.S.C.
                                                                                                            requirements and provide the requested                 Chapter 3507(j)), ED is requesting the
                                                                                                            data in the desired format. ED is                      Office of Management and Budget
                                                    DEPARTMENT OF EDUCATION                                 soliciting comments on the proposed                    (OMB) to conduct an emergency review
                                                                                                            information collection request (ICR) that              of a new information collection.
                                                    [Docket No.: ED–2015–ICCD–0075]                         is described below. The Department of                  DATES: An emergency review has been
                                                                                                            Education is especially interested in                  requested in accordance with the Act
                                                    Agency Information Collection                           public comment addressing the                          (44 U.S.C. Chapter 3507 (j)), due to an
                                                    Activities; Comment Request; Talent                     following issues: (1) Is this collection               unanticipated event. Approval by the
                                                    Search (TS) Annual Performance                          necessary to the proper functions of the               Office of Management and Budget
                                                    Report                                                  Department; (2) will this information be               (OMB) has been requested by June 4,
                                                    AGENCY: Office of Postsecondary                         processed and used in a timely manner;                 2015.
                                                    Education (OPE), Department of                          (3) is the estimate of burden accurate;
                                                                                                                                                                   ADDRESSES: Comments submitted in
                                                    Education (ED).                                         (4) how might the Department enhance
                                                                                                                                                                   response to this notice should be
                                                    ACTION: Notice.
                                                                                                            the quality, utility, and clarity of the
                                                                                                                                                                   submitted electronically through the
                                                                                                            information to be collected; and (5) how
                                                                                                                                                                   Federal eRulemaking Portal at http://
                                                    SUMMARY:  In accordance with the                        might the Department minimize the
                                                                                                                                                                   www.regulations.gov by selecting
                                                    Paperwork Reduction Act of 1995 (44                     burden of this collection on the
                                                                                                                                                                   Docket ID number ED–2015–ICCD–0072
                                                    U.S.C. chapter 3501 et seq.), ED is                     respondents, including through the use
                                                                                                                                                                   or via postal mail, commercial delivery,
                                                    proposing an extension of an existing                   of information technology. Please note
                                                                                                                                                                   or hand delivery. If the regulations.gov
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                                                    information collection.                                 that written comments received in
                                                                                                                                                                   site is not available to the public for any
                                                    DATES: Interested persons are invited to                response to this notice will be
                                                                                                                                                                   reason, ED will temporarily accept
                                                    submit comments on or before August                     considered public records.
                                                                                                                                                                   comments at ICDocketMgr@ed.gov.
                                                    10, 2015.                                                  Title of Collection: Talent Search (TS)             Please note that comments submitted by
                                                    ADDRESSES: Comments submitted in                        Annual Performance Report                              fax or email and those submitted after
                                                    response to this notice should be                          OMB Control Number: 1840–0826                       the comment period will not be
                                                    submitted electronically through the                       Type of Review: An extension of an                  accepted; ED will ONLY accept
                                                    Federal eRulemaking Portal at http://                   existing information collection.                       comments during the comment period


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                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                                    32945

                                                    in this mailbox when the regulations.gov                site language that will provide                        DEPARTMENT OF ENERGY
                                                    site is not available. Written requests for             minimum information that requests
                                                    information or comments submitted by                    need to include for consideration as                   Federal Energy Regulatory
                                                    postal mail or delivery should be                       well as a separate specific attestation                Commission
                                                    addressed to the Director of the                        form. These processes are being offered                [Project No. 3230–010]
                                                    Information Collection Clearance                        to aid in preserving borrowers’ rights
                                                    Division, U.S. Department of Education,                 and to meet the fiduciary                              Chasm Hydro Partnership; Ampersand
                                                    400 Maryland Avenue SW, LBJ,                            responsibilities of the federal student                Chasm Falls Hydro LLC; Notice of
                                                    Mailstop L–OM–2–2E319, Room 2E103,                      loan programs. These collections will                  Transfer of Exemption
                                                    Washington, DC 20202.                                   allow the Department of Education to
                                                    FOR FURTHER INFORMATION CONTACT: For
                                                                                                                                                                      1. By letter filed March 3, 2015,
                                                                                                            inform borrowers and loan servicers of                 Ampersand Chasm Falls Hydro LLC
                                                    specific questions related to collection                the information needed to review and
                                                    activities, please contact Colleen                                                                             informed the Commission that the
                                                                                                            adjudicate requests for relief under                   exemption from licensing for the
                                                    McGinnis, (202) 377–4330.                               borrower defenses regulations.                         Chateaugay Chasm Project, FERC No.
                                                    SUPPLEMENTARY INFORMATION: The
                                                                                                               Additional Information: Section                     3230, originally issued June 15, 1981,1
                                                    Department of Education (ED), in                                                                               has been transferred to Ampersand
                                                                                                            455(h) of the Higher Education Act of
                                                    accordance with the Paperwork                                                                                  Chasm Falls Hydro LLC. The project is
                                                    Reduction Act of 1995 (PRA) (44 U.S.C.                  1965, as amended (20 U.S.C. 1087e(h)
                                                                                                            provides that the U.S. Department of                   located on the Chateaugay River in
                                                    3506(c)(2)(A)), provides the general                                                                           Franklin County, New York. The
                                                    public and Federal agencies with an                     Education (Department) defines by
                                                                                                            regulation which claims against a school               transfer of an exemption does not
                                                    opportunity to comment on proposed,                                                                            require Commission approval.
                                                    revised, and continuing collections of                  constitute defenses to repayment of a
                                                                                                            loan under the Federal Direct Loan                        2. Ampersand Chasm Falls Hydro LLC
                                                    information. This helps the Department                                                                         is now the exemptee of the Chateaugay
                                                    assess the impact of its information                    (Direct Loan) program. Following a
                                                                                                                                                                   Chasm Project, FERC No. 3230. All
                                                    collection requirements and minimize                    negotiated rulemaking process, the
                                                                                                                                                                   correspondence should be forwarded to:
                                                    the public’s reporting burden. It also                  Department published amendments to
                                                                                                                                                                   Ian Chow, Project Manager, Ampersand
                                                    helps the public understand the                         the Direct Loan program regulations on                 Chasm Falls Hydro LLC, 717 Atlantic
                                                    Department’s information collection                     December 1, 1994. These regulations                    Avenue, Suite 1A, Boston, MA 02111.
                                                    requirements and provide the requested                  included borrower defenses specified in
                                                    data in the desired format. ED is                                                                                Dated: June 3, 2015.
                                                                                                            34 CFR 685.206(c). The regulation, in
                                                    soliciting comments on the proposed                     part, states ‘‘(c)(1) [i]n any proceeding to           Kimberly D. Bose,
                                                    information collection request (ICR) that               collect on a Direct Loan, the borrower                 Secretary.
                                                    is described below. The Department of                   may assert as a defense against                        [FR Doc. 2015–14107 Filed 6–9–15; 8:45 am]
                                                    Education is especially interested in                   repayment, an act or omission of the                   BILLING CODE 6717–01–P
                                                    public comment addressing the                           school attended by the student that
                                                    following issues: (1) Is this collection                would give rise to a cause of action
                                                    necessary to the proper functions of the                                                                       DEPARTMENT OF ENERGY
                                                                                                            against the school under applicable
                                                    Department; (2) will this information be                State law.’’ Prior to 2015, the borrower
                                                    processed and used in a timely manner;                                                                         Federal Energy Regulatory
                                                                                                            defense identified above was rarely                    Commission
                                                    (3) is the estimate of burden accurate;
                                                                                                            asserted by any borrowers and no
                                                    (4) how might the Department enhance
                                                                                                            specific methods of collecting                         Combined Notice of Filings #1
                                                    the quality, utility, and clarity of the
                                                    information to be collected; and (5) how                information was defined or found
                                                                                                                                                                      Take notice that the Commission
                                                    might the Department minimize the                       necessary. In the 20 years prior, the
                                                                                                                                                                   received the following electric rate
                                                    burden of this collection on the                        Department received 5 claims for                       filings:
                                                    respondents, including through the use                  borrower defense. Over the last several
                                                                                                                                                                      Docket Numbers: ER06–615–061;
                                                    of information technology. Please note                  months, the Department has received
                                                                                                                                                                   ER02–1656–038.
                                                    that written comments received in                       over 1000 such claims due to a building
                                                                                                                                                                      Applicants: California Independent
                                                    response to this notice will be                         debt activism movement as well as the                  System Operator Corporation.
                                                    considered public records.                              notoriety of Corinthian’s collapse,                       Description: Compliance Filing in
                                                       Title of Collection: Borrower Defenses               creating a need for a clearer process for              Response to June 3, 2014 Order of the
                                                    Against Loan Repayment.                                 potential claimants. This exponential                  California Independent System Operator
                                                       OMB Control Number: 1845–NEW.                        increase in demand was unexpected and                  Corporation.
                                                       Type of Review: A new information                    outside of the Department’s control.                      Filed Date: 6/3/15.
                                                    collection.                                               Dated: June 5, 2015.                                    Accession Number: 20150603–5191.
                                                       Respondents/Affected Public:                                                                                   Comments Due: 5 p.m. ET 6/24/15.
                                                    Individuals or Households.                              Stephanie Valentine,
                                                                                                            Acting Director, Information Collection                   Docket Numbers: ER12–2414–004.
                                                       Total Estimated Number of Annual                                                                               Applicants: New York Independent
                                                    Responses: 150,000.                                     Clearance Division, Office of the Chief Privacy
                                                                                                            Officer, Office of Management.                         System Operator, Inc..
                                                       Total Estimated Number of Annual
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                                                                                                            [FR Doc. 2015–14184 Filed 6–9–15; 8:45 am]
                                                                                                                                                                      Description: Compliance filing per 35:
                                                    Burden Hours: 150,000.                                                                                         Amendment to compliance filing
                                                       Abstract: This is a request for an                   BILLING CODE 4000–01–P
                                                                                                                                                                   revision of BSM Rules to be effective 6/
                                                    emergency collection to facilitate the
                                                                                                                                                                   22/2012.
                                                    collection of information for borrowers
                                                                                                                                                                      Filed Date: 6/3/15.
                                                    who believe they have cause to invoke
                                                    the borrower defenses against                                                                                    1 15 FERC ¶ 62,339, Order Granting Exemption
                                                    repayment of a loan as noted in                                                                                from Licensing of a Small Hydroelectric Project of
                                                    regulation. This collection includes Web                                                                       5 Megawatts or Less (1981).



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Document Created: 2015-12-15 15:17:23
Document Modified: 2015-12-15 15:17:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAn emergency review has been requested in accordance with the Act (44 U.S.C. Chapter 3507 (j)), due to an unanticipated event. Approval by the Office of Management and Budget (OMB) has been requested by June 4, 2015.
ContactFor specific questions related to collection activities, please contact Colleen McGinnis, (202) 377-4330.
FR Citation80 FR 32944 

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