[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 [www.gpo.gov]
[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: [email protected].
    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 
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(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 
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    You may also access documents of the Department published in the 
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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