Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program, 9964-9966 [2019-04887]

Download as PDF 9964 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Rules and Regulations aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting 2 hours that will prohibit entry within 100-yards of swim participants. It is categorically excluded from further review under paragraph L63(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14–0020 to read as follows: ■ § 165.T14–0020 Safety Zone; Tanapag Harbor, Saipan, CNMI. (a) Location. The following area, within the Guam Captain of the Port (COTP) Zone (See 33 CFR 3.70–15), all navigable waters within a 100-yard Jkt 247001 [FR Doc. 2019–05094 Filed 3–18–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Parts 668, 674, 682, and 685 [Docket ID ED–2015–OPE–0103] RIN 1840–AD19 Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program Office of Postsecondary Education, Department of Education. ACTION: Final rule; correction; announcement of effective date. ■ 16:02 Mar 18, 2019 Dated: March 14, 2019. Christopher M. Chase, Captain, U.S. Coast Guard, Captain of the Port, Guam. AGENCY: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS VerDate Sep<11>2014 radius of race participants in Tanapag Harbor, Saipan. Race participants, chase boats and organizers of the event will be exempt from the safety zone. (b) Effective dates. This rule is effective from 6:30 a.m. to 8:30 a.m. on March 31, 2019. (c) Enforcement. Any Coast Guard commissioned, warrant, or petty officer, and any other COTP representative permitted by law, may enforce this temporary safety zone. (d) Waiver. The COTP may waive any of the requirements of this rule for any person, vessel, or class of vessel upon finding that application of the safety zone is unnecessary or impractical for the purpose of maritime security. (e) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 46 U.S.C. 1232 and 46 U.S.C. 192. Consistent with the decisions of the U.S. District Court for the District of Columbia, this document memorializes that selected provisions of these final regulations took effect. Due to more recently-effective amendments, the Department must also correct affected amendatory instructions to ensure their incorporation into the CFR. DATES: As of October 16, 2018, the corrections to the amendatory instructions and the amendments to § 668.14(b)(30), (31), and (32); § 668.41(h) and (i); § 668.71(c); § 668.91(a)(3); § 668.94(h), (i) and (j); § 668.171; § 668.175(c), (d), (f), and (h); part 668, subpart L, appendix C; § 674.33(g)(3) and (8); § 682.202(b)(1); SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 § 682.211(i)(7); § 682.402(d)(3), (d)(6)(ii)(B)(1) and (2), (d)(6)(ii)(F) introductory text, (d)(6)(ii)(F)(5), (d)(6)(ii)(G) through (K), (d)(7)(ii) and (iii), (d)(8), and (e)(6)(iii); § 682.405(b)(4)(ii); § 682.410(b)(4) and (b)(6)(viii); § 685.200(f)(3)(v) and (f)(4)(iii); § 685.205(b)(6); § 685.206(c); § 685.212(k); § 685.214(c)(2) and (f)(4) through (7); § 685.215(a)(1), (c)(1) through (8), and (d); § 685.222; part 685, subpart B, appendix A; § 685.300(b)(11) and (12) and (d) through (i); and § 685.308(a), published November 1, 2016, at 81 FR 75926, and delayed June 16, 2017 (82 FR 27621), October 24, 2017 (82 FR 49114), and February 14, 2018 (83 FR 6458), are effective. FOR FURTHER INFORMATION CONTACT: Barbara Hoblitzell, U.S. Department of Education, 400 Maryland Ave. SW, Mail stop 6W247, Washington, DC 20202. Telephone: (202) 453–7583. Email at: Barbara.Hoblitzell@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: The original ‘‘effective date’’ for these provisions was July 1, 2017. 81 FR 75926. To the extent the provisions explicitly use this date as a benchmark (e.g., § 685.206(c)(‘‘For loans first disbursed prior to July 1, 2017, the borrower may assert a borrower defense under this paragraph’’)), the Department will use July 1, 2017 as the relevant date. Because the provisions referenced above did not actually take effect on July 1, 2017, the Department is, concurrently with this announcement, releasing an Electronic Announcement available at https://ifap.ed.gov/ eannouncements/030719GuidConcern Prov2016BorrowerDefenseto RypmtRegs.html to clarify the responsibilities of institutions with respect to the Financial Responsibility, Class Action Bans, and Predispute Arbitration Agreements Provisions, and Repayment Rate Disclosure sections of the final regulations, which are now effective. Background: On May 24, 2017, the California Association of Private Postsecondary Schools (CAPPS) filed a Complaint and Prayer for Declaratory and Injunctive Relief in the United States District Court for the District of Columbia (Court) challenging the final regulations in their entirety, and in particular those provisions of the regulations pertaining to the standard and process for the Department to adjudicate borrower defense claims, requirements pertaining to financial E:\FR\FM\19MRR1.SGM 19MRR1 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Rules and Regulations responsibility standards, provisions requiring proprietary institutions to provide warnings about their students’ loan repayment rates, and prohibitions against institutions including arbitration or class action waivers in their agreements with students. Complaint and Prayer for Declaratory and Injunctive Relief, California Association of Private Postsecondary Schools v. DeVos, No. 17–cv–00999 (D.D.C. May 24, 2017). The provisions in the challenged regulations were scheduled to become effective on July 1, 2017. In light of the pending litigation, on June 16, 2017, the Department published a notification of the partial delay of effective dates (82 FR 27621) under section 705 of the APA (5 U.S.C. 705), to delay the effectiveness of certain provisions of the final regulations until the legal challenge is resolved (705 Notice). Subsequently, on October 24, 2017, the Department issued an interim final rule (IFR) delaying the effective date of those provisions of the final regulations to July 1, 2018 (82 FR 49114), and a notice of proposed rulemaking to further delay the effective date to July 1, 2019 (82 FR 49155). On February 14, 2018, the Department published a final rule delaying the regulations’ effective date until July 1, 2019 (83 FR 6458) (Final Delay Rule). Following issuance of the 705 Notice, plaintiffs Meaghan Bauer and Stephano Del Rose filed a complaint challenging the validity of the 705 Notice. Complaint for Declaratory and Injunctive Relief, Bauer v. DeVos, No.17–cv–1330 (D.D.C. Jul. 6, 2017). The attorneys general of 18 states and the District of Columbia also filed a complaint challenging the validity of the 705 Notice. Complaint for Declaratory and Injunctive Relief, Massachusetts v. U.S. Dep’t of Educ., No. 17–cv–01331 (D.D.C. Jul. 6, 2017). Plaintiffs in both cases subsequently amended their complaints to include the IFR and the Final Delay Rule, and these cases were consolidated by the Court. On September 12, 2018, the Court issued its Memorandum Opinion and Order in the consolidated matter, finding the challenge to the IFR was moot, declaring the 705 Notice and the Final Delay Rule invalid, and convening a status conference to consider appropriate remedies. Bauer v. DeVos, No. 17–cv–1330 (D.D.C. Sept. 12, 2018). Subsequently, on September 17, 2018, the Court issued its Memorandum Opinion and Order immediately vacating the Final Delay Rule and vacating the 705 Notice but suspending its vacatur of the 705 Notice until 5:00 p.m. on October 12, 2018, to allow for VerDate Sep<11>2014 16:02 Mar 18, 2019 Jkt 247001 renewal and briefing of CAPPS’ motion for a preliminary injunction in the CAPPS v. DeVos case and to give the Department an opportunity to remedy the deficiencies with the 705 Notice. Bauer, No. 17–cv–1330 (D.D.C. Sept. 17, 2018). The Department decided not to issue a revised 705 notice. On October 12, 2018, the Court extended the suspension of its vacatur until noon on October 16, 2018. Minute Order (Oct. 12, 2018), Bauer, No. 17–cv–1330. On October 16, 2018, the Court denied CAPPS’ motion for a preliminary injunction, ending the suspension of the vacatur. Memorandum Opinion and Order, CAPPS, No. 17–cv–0999 (Oct. 16, 2018). Regulations: With this action by the Court, the final regulations published November 1, 2016, at 81 FR 75926, listed below took effect. Information clarifying the responsibilities of institutions with respect to the noweffective provisions is available in the Electronic Announcement, https:// ifap.ed.gov/eannouncements/ 030719GuidConcernProv2016Borrower DefensetoRypmtRegs.html, the Department is releasing concurrently with this announcement. • Section 668.14(b)(30), (31), and (32) Program participation agreement. • Section 668.41(h) and (i) Reporting and disclosure of information. • Section 668.71(c) Scope and special definitions. • Section 668.90(a)(3) Initial and final decisions. • Section 668.93(h), (i), and (j) Limitation. • Section 668.171 General. • Section 668.175(c), (d), (f), and (h) Alternative standards and requirements. • Part 668, subpart L, appendix C. • Section 674.33(g)(3) and (8) Repayment. • Section 682.202(b)(1) Permissible charges by lenders to borrowers. • Section 682.211(i)(7) Forbearance. • Section 682.402(d)(3), (d)(6)(ii)(B)(1) and (2), (d)(6)(ii)(F) introductory text, (d)(6)(ii)(F)(5), (d)(6)(ii)(G) through (K), (d)(7)(ii) and (iii), (d)(8), and (e)(6)(iii) Death, disability, closed school, false certification, unpaid refunds, and bankruptcy payments. • Section 682.405(b)(4)(ii) Loan rehabilitation agreement. • Section 682.410(b)(4) and (b)(6)(viii) Fiscal, administrative, and enforcement requirements. • Section 685.200(f)(3)(v) and (f)(4)(iii) Borrower eligibility. • Section 685.205(b)(6) Forbearance. • Section 685.206(c) Borrower responsibilities and defenses. • Section 685.212(k) Discharge of a loan obligation. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 9965 • Section 685.214(c)(2) and (f)(4) through (7) Closed school discharge. • Section 685.215(a)(1), (c)(1) through (8), and (d) Discharge for false certification of student eligibility or unauthorized payment. • Section 685.222 Borrower defenses. • Part 685, subpart B, appendix A Examples of borrower relief. • Section 685.300(b)(11), (b)(12), and (d) through (i) Agreements between an eligible school and the Secretary for participation in the Direct Loan Program. • Section 685.308(a) Remedial actions. Note: Section 668.90 has been redesignated as § 668.91 and § 668.93 has been redesignated as § 668.94 pursuant to the borrower defense procedural rule, published January 19, 2017 at 82 FR 6253 (the borrower defense procedural rule), so the Department must correct the amendatory instructions from the November 2016 rule to reflect the newly redesignated section numbers. Accessible Format: Individuals with disabilities may obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. 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 via the Federal Digital System at: www.govinfo.gov. 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 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: www.Federal Register.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Corrections In FR Doc. 2016–25448, appearing on page 75926 in the Federal Register of Tuesday, November 1, 2016, the following corrections are made: § 668.90 [Corrected] 1. On page 76072, in the first column, in amendatory instruction 7, ‘‘Section 668.90’’ is corrected to read ‘‘Section ■ E:\FR\FM\19MRR1.SGM 19MRR1 9966 Federal Register / Vol. 84, No. 53 / Tuesday, March 19, 2019 / Rules and Regulations 688.91’’ and ‘‘§ 668.90’’ is corrected to read ‘‘§ 668.91’’. § 668.93 [Corrected] 2. On page 76072, in the third column, in amendatory instruction 8, ‘‘Section 668.93’’ is corrected to read ‘‘Section 688.94’’ and ‘‘§ 668.93’’ is corrected to read ‘‘§ 668.94’’. ■ Dated: March 12, 2019. Betsy DeVos, Secretary of Education. [FR Doc. 2019–04887 Filed 3–18–19; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2019–0003; Internal Agency Docket No. FEMA–8571] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA’s Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-floodinsurance-program-community-statusbook. DATES: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Adrienne L. Sheldon, PE, CFM, Federal Insurance SUMMARY: VerDate Sep<11>2014 16:02 Mar 18, 2019 Jkt 247001 and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 212–3966. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA’s initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. E:\FR\FM\19MRR1.SGM 19MRR1

Agencies

[Federal Register Volume 84, Number 53 (Tuesday, March 19, 2019)]
[Rules and Regulations]
[Pages 9964-9966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04887]


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DEPARTMENT OF EDUCATION

34 CFR Parts 668, 674, 682, and 685

[Docket ID ED-2015-OPE-0103]
RIN 1840-AD19


Student Assistance General Provisions, Federal Perkins Loan 
Program, Federal Family Education Loan Program, William D. Ford Federal 
Direct Loan Program, and Teacher Education Assistance for College and 
Higher Education Grant Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Final rule; correction; announcement of effective date.

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

SUMMARY: Consistent with the decisions of the U.S. District Court for 
the District of Columbia, this document memorializes that selected 
provisions of these final regulations took effect. Due to more 
recently-effective amendments, the Department must also correct 
affected amendatory instructions to ensure their incorporation into the 
CFR.

DATES: As of October 16, 2018, the corrections to the amendatory 
instructions and the amendments to Sec.  668.14(b)(30), (31), and (32); 
Sec.  668.41(h) and (i); Sec.  668.71(c); Sec.  668.91(a)(3); Sec.  
668.94(h), (i) and (j); Sec.  668.171; Sec.  668.175(c), (d), (f), and 
(h); part 668, subpart L, appendix C; Sec.  674.33(g)(3) and (8); Sec.  
682.202(b)(1); Sec.  682.211(i)(7); Sec.  682.402(d)(3), 
(d)(6)(ii)(B)(1) and (2), (d)(6)(ii)(F) introductory text, 
(d)(6)(ii)(F)(5), (d)(6)(ii)(G) through (K), (d)(7)(ii) and (iii), 
(d)(8), and (e)(6)(iii); Sec.  682.405(b)(4)(ii); Sec.  682.410(b)(4) 
and (b)(6)(viii); Sec.  685.200(f)(3)(v) and (f)(4)(iii); Sec.  
685.205(b)(6); Sec.  685.206(c); Sec.  685.212(k); Sec.  685.214(c)(2) 
and (f)(4) through (7); Sec.  685.215(a)(1), (c)(1) through (8), and 
(d); Sec.  685.222; part 685, subpart B, appendix A; Sec.  
685.300(b)(11) and (12) and (d) through (i); and Sec.  685.308(a), 
published November 1, 2016, at 81 FR 75926, and delayed June 16, 2017 
(82 FR 27621), October 24, 2017 (82 FR 49114), and February 14, 2018 
(83 FR 6458), are effective.

FOR FURTHER INFORMATION CONTACT: Barbara Hoblitzell, U.S. Department of 
Education, 400 Maryland Ave. SW, Mail stop 6W247, Washington, DC 20202. 
Telephone: (202) 453-7583. Email at: Barbara.Hoblitzell@ed.gov.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: The original ``effective date'' for these 
provisions was July 1, 2017. 81 FR 75926. To the extent the provisions 
explicitly use this date as a benchmark (e.g., Sec.  685.206(c)(``For 
loans first disbursed prior to July 1, 2017, the borrower may assert a 
borrower defense under this paragraph'')), the Department will use July 
1, 2017 as the relevant date. Because the provisions referenced above 
did not actually take effect on July 1, 2017, the Department is, 
concurrently with this announcement, releasing an Electronic 
Announcement available at https://ifap.ed.gov/eannouncements/030719GuidConcernProv2016BorrowerDefensetoRypmtRegs.html to clarify the 
responsibilities of institutions with respect to the Financial 
Responsibility, Class Action Bans, and Predispute Arbitration 
Agreements Provisions, and Repayment Rate Disclosure sections of the 
final regulations, which are now effective.
    Background: On May 24, 2017, the California Association of Private 
Postsecondary Schools (CAPPS) filed a Complaint and Prayer for 
Declaratory and Injunctive Relief in the United States District Court 
for the District of Columbia (Court) challenging the final regulations 
in their entirety, and in particular those provisions of the 
regulations pertaining to the standard and process for the Department 
to adjudicate borrower defense claims, requirements pertaining to 
financial

[[Page 9965]]

responsibility standards, provisions requiring proprietary institutions 
to provide warnings about their students' loan repayment rates, and 
prohibitions against institutions including arbitration or class action 
waivers in their agreements with students. Complaint and Prayer for 
Declaratory and Injunctive Relief, California Association of Private 
Postsecondary Schools v. DeVos, No. 17-cv-00999 (D.D.C. May 24, 2017). 
The provisions in the challenged regulations were scheduled to become 
effective on July 1, 2017.
    In light of the pending litigation, on June 16, 2017, the 
Department published a notification of the partial delay of effective 
dates (82 FR 27621) under section 705 of the APA (5 U.S.C. 705), to 
delay the effectiveness of certain provisions of the final regulations 
until the legal challenge is resolved (705 Notice). Subsequently, on 
October 24, 2017, the Department issued an interim final rule (IFR) 
delaying the effective date of those provisions of the final 
regulations to July 1, 2018 (82 FR 49114), and a notice of proposed 
rulemaking to further delay the effective date to July 1, 2019 (82 FR 
49155). On February 14, 2018, the Department published a final rule 
delaying the regulations' effective date until July 1, 2019 (83 FR 
6458) (Final Delay Rule).
    Following issuance of the 705 Notice, plaintiffs Meaghan Bauer and 
Stephano Del Rose filed a complaint challenging the validity of the 705 
Notice. Complaint for Declaratory and Injunctive Relief, Bauer v. 
DeVos, No.17-cv-1330 (D.D.C. Jul. 6, 2017). The attorneys general of 18 
states and the District of Columbia also filed a complaint challenging 
the validity of the 705 Notice. Complaint for Declaratory and 
Injunctive Relief, Massachusetts v. U.S. Dep't of Educ., No. 17-cv-
01331 (D.D.C. Jul. 6, 2017). Plaintiffs in both cases subsequently 
amended their complaints to include the IFR and the Final Delay Rule, 
and these cases were consolidated by the Court.
    On September 12, 2018, the Court issued its Memorandum Opinion and 
Order in the consolidated matter, finding the challenge to the IFR was 
moot, declaring the 705 Notice and the Final Delay Rule invalid, and 
convening a status conference to consider appropriate remedies. Bauer 
v. DeVos, No. 17-cv-1330 (D.D.C. Sept. 12, 2018). Subsequently, on 
September 17, 2018, the Court issued its Memorandum Opinion and Order 
immediately vacating the Final Delay Rule and vacating the 705 Notice 
but suspending its vacatur of the 705 Notice until 5:00 p.m. on October 
12, 2018, to allow for renewal and briefing of CAPPS' motion for a 
preliminary injunction in the CAPPS v. DeVos case and to give the 
Department an opportunity to remedy the deficiencies with the 705 
Notice. Bauer, No. 17-cv-1330 (D.D.C. Sept. 17, 2018). The Department 
decided not to issue a revised 705 notice. On October 12, 2018, the 
Court extended the suspension of its vacatur until noon on October 16, 
2018. Minute Order (Oct. 12, 2018), Bauer, No. 17-cv-1330. On October 
16, 2018, the Court denied CAPPS' motion for a preliminary injunction, 
ending the suspension of the vacatur. Memorandum Opinion and Order, 
CAPPS, No. 17-cv-0999 (Oct. 16, 2018).
    Regulations: With this action by the Court, the final regulations 
published November 1, 2016, at 81 FR 75926, listed below took effect. 
Information clarifying the responsibilities of institutions with 
respect to the now-effective provisions is available in the Electronic 
Announcement, https://ifap.ed.gov/eannouncements/030719GuidConcernProv2016BorrowerDefensetoRypmtRegs.html, the 
Department is releasing concurrently with this announcement.
     Section 668.14(b)(30), (31), and (32) Program 
participation agreement.
     Section 668.41(h) and (i) Reporting and disclosure of 
information.
     Section 668.71(c) Scope and special definitions.
     Section 668.90(a)(3) Initial and final decisions.
     Section 668.93(h), (i), and (j) Limitation.
     Section 668.171 General.
     Section 668.175(c), (d), (f), and (h) Alternative 
standards and requirements.
     Part 668, subpart L, appendix C.
     Section 674.33(g)(3) and (8) Repayment.
     Section 682.202(b)(1) Permissible charges by lenders to 
borrowers.
     Section 682.211(i)(7) Forbearance.
     Section 682.402(d)(3), (d)(6)(ii)(B)(1) and (2), 
(d)(6)(ii)(F) introductory text, (d)(6)(ii)(F)(5), (d)(6)(ii)(G) 
through (K), (d)(7)(ii) and (iii), (d)(8), and (e)(6)(iii) Death, 
disability, closed school, false certification, unpaid refunds, and 
bankruptcy payments.
     Section 682.405(b)(4)(ii) Loan rehabilitation agreement.
     Section 682.410(b)(4) and (b)(6)(viii) Fiscal, 
administrative, and enforcement requirements.
     Section 685.200(f)(3)(v) and (f)(4)(iii) Borrower 
eligibility.
     Section 685.205(b)(6) Forbearance.
     Section 685.206(c) Borrower responsibilities and defenses.
     Section 685.212(k) Discharge of a loan obligation.
     Section 685.214(c)(2) and (f)(4) through (7) Closed school 
discharge.
     Section 685.215(a)(1), (c)(1) through (8), and (d) 
Discharge for false certification of student eligibility or 
unauthorized payment.
     Section 685.222 Borrower defenses.
     Part 685, subpart B, appendix A Examples of borrower 
relief.
     Section 685.300(b)(11), (b)(12), and (d) through (i) 
Agreements between an eligible school and the Secretary for 
participation in the Direct Loan Program.
     Section 685.308(a) Remedial actions.
    Note: Section 668.90 has been redesignated as Sec.  668.91 and 
Sec.  668.93 has been redesignated as Sec.  668.94 pursuant to the 
borrower defense procedural rule, published January 19, 2017 at 82 FR 
6253 (the borrower defense procedural rule), so the Department must 
correct the amendatory instructions from the November 2016 rule to 
reflect the newly redesignated section numbers.
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Corrections

    In FR Doc. 2016-25448, appearing on page 75926 in the Federal 
Register of Tuesday, November 1, 2016, the following corrections are 
made:


Sec.  668.90   [Corrected]

0
1. On page 76072, in the first column, in amendatory instruction 7, 
``Section 668.90'' is corrected to read ``Section

[[Page 9966]]

688.91'' and ``Sec.  668.90'' is corrected to read ``Sec.  668.91''.


Sec.  668.93   [Corrected]

0
2. On page 76072, in the third column, in amendatory instruction 8, 
``Section 668.93'' is corrected to read ``Section 688.94'' and ``Sec.  
668.93'' is corrected to read ``Sec.  668.94''.

    Dated: March 12, 2019.
Betsy DeVos,
Secretary of Education.
[FR Doc. 2019-04887 Filed 3-18-19; 8:45 am]
BILLING CODE 4000-01-P
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