Rule2024-11300
Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program; Correction
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
May 29, 2024
Effective
July 1, 2024
Issuing agencies
Education Department
Abstract
On July 10, 2023, the Department of Education (Department) published in the Federal Register final regulations amending regulations related to income-driven repayment. 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 89 Issue 104 (Wednesday, May 29, 2024)</title>
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[Federal Register Volume 89, Number 104 (Wednesday, May 29, 2024)]
[Rules and Regulations]
[Pages 46330-46331]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11300]
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DEPARTMENT OF EDUCATION
34 CFR Parts 682 and 685
[Docket ID ED-2023-OPE-0004]
RIN 1840-AD81
Improving Income Driven Repayment for the William D. Ford Federal
Direct Loan Program and the Federal Family Education Loan (FFEL)
Program; Correction
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Final regulations; correction.
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SUMMARY: On July 10, 2023, the Department of Education (Department)
published in the Federal Register final regulations amending
regulations related to income-driven repayment. This document corrects
technical errors in the regulations and preamble. This document does
not contain any substantive changes to the regulations.
DATES: Effective July 1, 2024.
FOR FURTHER INFORMATION CONTACT: Bruce Honer, U.S. Department of
Education, 400 Maryland Avenue SW, 5th Floor, Washington, DC 20202.
Telephone: (202) 987-0750. Email: <a href="/cdn-cgi/l/email-protection#befccccbdddb90f6d1d0dbccfedbda90d9d1c8"><span class="__cf_email__" data-cfemail="5e1c2c2b3d3b701631303b2c1e3b3a70393128">[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 July 10, 2023, the Department published
in the Federal Register a final rule amending regulations related to
income-driven repayment (88 FR 43820). Those final regulations contain
technical errors, which we are correcting.
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 regulatory changes correct errors, there is good
cause to waive the delayed effective date in the APA and make the
corrections effective July 1, 2024.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain
[[Page 46331]]
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 text or Adobe 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.
Corrections
In FR Doc. 2023-13112, published in the Federal Register on July
10, 2023 (88 FR 43820), we make the following technical corrections:
1. On page 43871, in table 3.1, in the third column, correct the
first sentence to read as follows:
``Stating that a Direct Consolidation loan disbursed on or after
July 1, 2025, that repaid a Direct parent PLUS loan, a FFEL parent PLUS
loan, or a Direct Consolidation Loan that repaid a consolidation loan
that included a Direct parent PLUS or FFEL parent PLUS loan may only
chose the ICR plan.''
0
2. On page 43901, starting in the first column, in instruction 6, in
Sec. 685.209, correct paragraphs(c)(5)(i), (c)(5)(i)(B), and
(c)(5)(iii) to read as follows:
Sec. 685.209 [Corrected]
* * * * *
(c) * * *
(5)(i) Except as provided in (c)(5)(ii) or (c)(5)(iii) of this
section, a borrower may enroll under the ICR plan only if the
borrower--.
* * * * *
(B) Was repaying a loan under the ICR plan on July 1, 2024. A
borrower who was repaying under the ICR plan on or after July 1, 2024,
and changes to a different repayment plan in accordance with Sec.
685.210(b) may not re-enroll in the ICR plan unless they meet the
criteria in paragraph (c)(5)(ii) or (c)(5)(iii).
* * * * *
(iii) A borrower who has a Direct Consolidation Loan disbursed on
or after July 1, 2025, which repaid a Direct parent PLUS loan, a FFEL
parent PLUS loan, or a Direct Consolidation Loan that repaid a
consolidation loan that included a Direct parent PLUS or FFEL parent
PLUS loan may not choose any IDR plan except the ICR plan.
0
3. On page 43902, in the second column, in instruction 6, correct Sec.
685.209 by removing paragraphs (g)(1)(i)(C) and g)(1)(ii)(C) and adding
paragraph (g)(1)(iii) to read as follows:
Sec. 685.209 [Corrected]
* * * * *
(g) * * *
(1) * * *
(iii) In cases where the borrower's monthly payment amount
calculated under paragraphs (f)(1) through (3) of this section or the
borrower's adjusted monthly payment as calculated under paragraphs
(g)(1)(i) or (g)(1)(ii) of this section is--
(A) Less than $5, the monthly payment is $0; or
(B) Equal to or greater than $5 but less than $10, the monthly
payment is $10.
* * * * *
0
4. On page 43904, in the second column, in instruction 6, in Sec.
685.209, correct paragraph (m)(2) to read as follows:
Sec. 685.209 [Corrected]
* * * * *
(m) * * *
(2) The borrower has approved the disclosure of tax information
under paragraph (l)(1) of this section;
* * * * *
Miguel A. Cardona,
Secretary of Education.
[FR Doc. 2024-11300 Filed 5-28-24; 8:45 am]
BILLING CODE 4000-01-P
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