Rule2023-14289
Institutional Eligibility Under the Higher Education Act of 1965, as Amended; Student Assistance General Provisions; Federal Perkins Loan Program; Federal Family Education Loan Program; and William D. Ford Federal Direct Loan Program; Corrections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 6, 2023
Effective
July 6, 2023
Issuing agencies
Education Department
Abstract
On November 1, 2022, the Department of Education (Department) published in the Federal Register final regulations relating to loans under the Federal Perkins Loan (Perkins) Program, the Federal Family Education Loan (FFEL) Program and the William D. Ford Federal Direct Loan (Direct Loan) Program. This document corrects technical errors in the regulations and preamble. This document does not contain any substantive changes to the regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 128 (Thursday, July 6, 2023)</title>
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[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43064-43065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14289]
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DEPARTMENT OF EDUCATION
34 CFR Parts 600, 668, 674, 682, and 685
[Docket ID: ED-2021-OPE-0077]
RIN 1840-AD53, 1840-AD59, 1840-AD70, 1840-AD71
Institutional Eligibility Under the Higher Education Act of 1965,
as Amended; Student Assistance General Provisions; Federal Perkins Loan
Program; Federal Family Education Loan Program; and William D. Ford
Federal Direct Loan Program; Corrections
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final regulations; technical corrections and correcting
amendments.
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SUMMARY: On November 1, 2022, the Department of Education (Department)
published in the Federal Register final regulations relating to loans
under the Federal Perkins Loan (Perkins) Program, the Federal Family
Education Loan (FFEL) Program and the William D. Ford Federal Direct
Loan (Direct Loan) Program. This document corrects technical errors in
the regulations and preamble. This document does not contain any
substantive changes to the regulations.
DATES: These corrections are effective July 6, 2023.
FOR FURTHER INFORMATION CONTACT: For further information, contact Rene
Tiongquico at (202) 453-7513 or by email at <a href="/cdn-cgi/l/email-protection#1446717a713a407d7b7a7365617d777b5471703a737b62"><span class="__cf_email__" data-cfemail="491b2c272c671d2026272e383c202a26092c2d672e263f">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION: On November 1, 2022, the Department
published in the Federal Register final regulations relating to loans
under the Perkins Loan Program, the FFEL Program, and the Direct Loan
Program (87 FR 65904), effective July 1, 2023. Those final regulations
contain technical errors.
Waiver of Proposed Rulemaking, Negotiated Rulemaking, and Delayed
Effective Date
In accordance with the Administrative Procedure Act (APA), 5 U.S.C.
553, the Department generally offers interested parties the opportunity
to comment on proposed regulations. However, the APA provides that an
agency is not required to conduct notice-and-comment rulemaking when
the agency, for good cause, finds that notice and public comment
thereon are impracticable, unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)(3)(B)). There is good cause to waive
rulemaking here as unnecessary.
Rulemaking is ``unnecessary'' in those situations in which ``the
administrative rule is a routine determination, insignificant in nature
and impact, and inconsequential to the industry and to the public.''
Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 755 (D.C.
Cir. 2001), quoting U.S. Department of Justice, Attorney General's
Manual on the Administrative Procedure Act 31 (1947) and South Carolina
v. Block, 558 F. Supp. 1004, 1016 (D.S.C. 1983). The regulatory changes
in this document are necessary to correct technical errors and do not
establish any new substantive rules and do not make substantive changes
to this regulation. Therefore, the Department has determined that
publication of a proposed rule is unnecessary under 5 U.S.C.
553(b)(3)(B).
In addition, under section 492 of the Higher Education Act of 1965,
as amended (HEA) (20 U.S.C. 1098a), all regulations proposed by the
Department for programs authorized under title IV of the HEA are
subject to negotiated rulemaking requirements. Section 492(b)(2) of the
HEA provides that negotiated rulemaking may be waived for good cause
when doing so would be ``impracticable, unnecessary, or contrary to the
public interest.'' There is likewise good cause to waive the negotiated
rulemaking requirement in this case, since, as explained above, notice
and comment rulemaking is unnecessary.
The APA generally requires that regulations be published at least
30 days before their effective date, unless the agency has good cause
to implement its regulations sooner (5 U.S.C. 553(d)(3)). As previously
stated, because the final regulations correct errors, there is good
cause to waive the delayed effective date in the APA and make the final
regulations effective July 6, 2023.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in
[[Page 43065]]
text or Portable Document Format (PDF). To use PDF you must have Adobe
Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Technical Corrections
In FR Doc. 2022-23447, published in the Federal Register on
November 1, 2022 (87 FR 65904), we make the following technical
corrections:
1. On page 65912, in the first column, in the last line of footnote
25, remove ``Sec. 206(c)(1)'' and add, in its place, ``Sec.
685.206(c)(1)''.
2. On page 65922, in the third column, revise footnote 60 to read
as follows: ``34 CFR 685.222(f)(3).''
3. On page 65928, in the first column, in the 14th line from the
top of the first full paragraph, after ``determines'', remove ``and''
and add, in its place, ``an''.
4. On page 65942, in the third column, in footnote 102, remove
``222(e)(1)(ii)'' and add, in its place, ``685.222(e)(1)(ii)''.
5. On page 65952, in the first column, revise footnote 122 to read
as follows: ``See, e.g., 34 CFR 685.222(e)(7)(iii)(B)-(C).''
6. On page 66004, in the first column, in footnote 179, in the
sixth line, remove ``Printing'' and add, in its place, ``Publishing''.
7. On page 66006, in the first column, revise footnote 183 to read
as follows: ``Oreopoulos, Philip and Uros Petronijevic (2013). ``Making
College Worth It: A Review of the Returns to Higher Education,'' The
Future of Children, Vol. 23, No. 1, pp. 41-65.''
8. On page 66008:
a. In the second column, revise the text of the sentence before the
citation to footnote 192 to read as follows: ``A more detailed version
of the loan volumes will be available on the Department's Federal
Student Aid Data Center website.''
b. Revise footnote 192 to read as follows: ``https://
studentaid.gov/data-center.''
9. On page 66009, in the first column, revise footnote 193 to read
as follows: ``The table above is a summary. The complete table is
available at <a href="http://www.regulations.gov">www.regulations.gov</a> using the Docket ID ED-2021-OPE-
0077.''
10. On page 66019, in the first column, in the fourth line, remove
``bureau'' and add, in its place, ``Bureau''.
List of Subjects
34 CFR Part 674
Loan programs--education, Reporting and recordkeeping requirements,
Student aid.
34 CFR Part 685
Administrative practice and procedure, Colleges and universities,
Education, Loan programs-education, Reporting and recordkeeping
requirements, Student aid, Vocational education.
For the reasons set out in the preamble, the Department of
Education corrects parts 674 and 685 of title 34 of the Code of Federal
Regulations by making the following correcting amendments:
PART 674--FEDERAL PERKINS LOAN PROGRAM
0
1. The authority citation for part 674 continues to read as follows:
Authority: 20 U.S.C. 1070g, 1087aa-1087hh; Pub. L. 111-256, 124
Stat. 2643; unless otherwise noted.
Sec. 674.33 [Amended]
0
2. In Sec. 674.33, amend paragraph (g)(1)(ii)(A) by adding the word
``date'' before the second instance of the word ``determined''.
PART 685--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
0
3. The authority citation for part 685 continues to read as follows:
Authority: 20 U.S.C. 1070g, 1087a, et seq., unless otherwise
noted.
Sec. 685.213 [Amended]
0
4. In Sec. 685.213, amend paragraph (b)(6) heading by adding ``on''
after ``certification,''.
Sec. 685.214 [Amended]
0
5. In Sec. 685.214:
0
a. Amend paragraph (d)(1)(i)(B) by removing ``paragraph (i)'' and
adding, in its place, ``paragraph (h)''.
0
b. Amend paragraph (d)(1)(iii)(B) by removing ``paragraph (d)'' and
``paragraph (e)'' and adding, in their places, ``paragraph (e)'' and
``paragraph (f)'', respectively.
0
c. Amend paragraph (g)(7) by removing ``that borrower'' and adding, in
its place, ``the borrower''.
Sec. 685.219 [Amended]
0
6. In Sec. 685.219:
0
a. Amend paragraph (b) by:
0
i. In the definition of Non-governmental public service, removing
``personnel military'' and adding, in its place, ``personnel,
military''.
0
ii. In the definition of Public interest law, removing ``is'' and
adding, in its place, ``means''.
0
b. Amend paragraph (g)(1) by removing ``[EFFECTIVE DATE OF FINAL
RULE]'' and adding, in its place, ``July 1, 2023''.
Sec. 685.406 [Amended]
0
7. In Sec. 685.406, amend paragraph (g)(4) introductory text by
removing the phrase ``the dates in paragraph (g)(1) of this section''
and adding, in its place, ``receipt of a materially complete
application''.
Miguel A. Cardona,
Secretary of Education.
[FR Doc. 2023-14289 Filed 7-5-23; 8:45 am]
BILLING CODE 4000-01-P
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