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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013



### SUPPORTING STATEMENT **FOR PAPERWORK REDUCTION ACT SUBMISSION**

**A. Justification** 1. Explain the circumstances that make the collection of information necessary . Identify any legal or administrative requirements that necessitate the collection. Attach a hard cop y of the appropriate section of each statute and regulation mandating or authorizing the collection of information , or you may provide a valid URL link or paste the applicable section 1


### . Specify the review type of the collectio n (new, revision, extension, reinstatement with change, reinstatement without change) . If revised, briefl y specify the changes. If a rulemaking is involved, make note of the sections or changed sections, if applicable. Sections 428(b)(1)(M) [20 U.S.C. 1078(b)(1)(M)], 455(f)(2) [20 U.S.C. 1087e(f)(2)], and 464(c)(2)(A) [20 U.S.C. 1087dd(c)(2)(A)] of the Higher Education Act of 1965, as amended, (the HEA) provide that a borrower under the Federal Family Education Loan (FFEL) Program, the William D. Ford F ederal Direct Loan (Direct Loan) Program, and the Federal Perkins (Perkins) Loan Program may temporarily defer payments on his or her eligible loans while s erving on active duty during a war or other military operation or national emergency, and for an add itional 180 - day period following the conclusion of the borrower’s qualifying military service. This deferment is referred to as a “military service deferment.” Section 493D of the HEA [20 U.S.C. 1098f] provides that a FFEL, Direct Loan, or Perkins Loan program borrower who (1) is a member of the National Guard or other reserve component of the U.S. Armed Forces or a retired member of the U.S. Armed Forces and (2) is called or ordered to active duty while enrolled at an eligible school or within six mont hs of having been enrolled may defer repayment of his or her eligible loans for up to 13 months following the conclusion of the borrower’s active duty military service, or until the borrower returns to enrolled student status, whichever occurs earlier. Th is deferment is known as a “post - active duty student deferment.” The regulations that govern the military service deferment and the post - active duty student deferment are in 34 CFR 682.210(t) and (u) [for the FFEL Program], 34 CFR 685.204(e) and (f) [for t he Direct Loan Program], and 34 CFR 674.34(h) and (i) [for the Perkins Loan Program]. These regulations require a borrower to request a deferment and to provide information to the loan holder establishing the borrower’s eligibility for the deferment. Sect ion 428(d) clarifies that the Servicemember Civil Relief Act (SCRA) is applicable to loans made under the FFEL and Direct Loan Programs. Borrowers with such loans are eligible to have the interest rate on their loans limited to 6% during periods of eligib le military service if they received those loans prior to entering the eligible military service. 1 Please limit pasted text to no longer than 3 paragraphs.

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013 The regulations that cover the SCRA are in 34 CFR 682.202 and 685.202. These regulations require the borrower to request the interest rate limitation under t he SCRA and provide information to the loan holder establishing the borrower’s eligibility for the benefit. The U.S. Department of Education (ED) is requesting a revision of the collection currently approved under OMB No. 1845 - 0080. ED is making no major changes to the military deferment form; rather, it is proposing a number of linguistic changes to be more consistent with other approved loan servicing forms. ED is proposing the creation of an optional form that borrowers would use to request that their interest rate be limited to 6% during periods of eligible military service under the Servicememebrs Civil Relief Act. A justification for the data elements on the deferment request and SCRA form is included at the end of this supporting statement. 

### 2. In dicate how, by

whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. The currently approved deferment request serves as the means by which a borrower submits a request for a military service deferment to his or her loan holder and provides the loan holder with the information needed to establish that the borrower meets the eligibility requirements for the deferment. The revised deferment request form will continue to be used for this purpose, and will also serve as the means by which a borrower requests a post - active duty student deferment, and by which ED identifies Direct Loan borrowers who qualify for the no accrual of interest benefit for active duty service members. The SCRA request will serve as the means by which a borrower submits a request for their loan holder to limit the interest rate on their FFEL or Direct Loan to 6% under the SCRA. 

### 3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or forms of information technology , e.g. permitting electronic submission of responses, and the basis for the decision of adopting this means of collection. Also describe any consideration given to using technology

to reduce burden. The collection of information does not involve the use of technological processes such as electronic submissions. A borrower must establish his or her eligibility for the deferment either by obtaining a certification from a military official on the deferm ent request form, or by providing the loan holder with a copy of the borrower’s military orders. Because of the requirement for a third - party certification or submission of additional documentation, most borrowers prefer to use the United States Postal Se rvice or an alternative mail delivery service currently provide the only practical means for a borrower to submit a military service deferment / post
- active duty student deferment request. The collection of information does not involve the use of technolo gical processes such as electronic submissions. A borrower must establish his or her eligibility for the SCRA limitation by providing the loan holder with a copy of the borrower’s military orders. Because of the requirement for submission of additional d ocumentation, most borrowers prefer to use the United States Postal Service or an

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013 alternative mail delivery service currently provide the only practical means f or a borrower to submit an SCRA request. At the option of the loan holder or loan servicer, howe ver, both forms could be adapted for online use by mapping the data elements to a web form and provided for the scanning and uploading of the third party certification or supporting documentation. 

### 4. Describe efforts to identify duplication. Show speci ficall y wh y an y similar information already available cannot be used or modified for use for the purposes described in Item 2 above. There is no similar information already available from other sources that can be used for the purposes described in Item 2 . 

### 5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden. A small entity may be (1) a small business which is deemed to be one that is independently owned and operated and that i s not dominant in its field of operation; (2) a small organization that is any not - for - profit enterprise that is independently owned and operated and is not dominant in its field; or (3) a small government jurisdiction, which is a government of a city , county, town, township, school district, or special district with a population of less than 50,000. No small businesses are affected by this information collection. 

### 6. Describe the consequences to Federal program or policy activities if the collection is n ot conducted or is conducted less frequentl y, as well as an y technical or legal obstacles to reducing burden. If a borrower did not complete either request, there would be no means by which the loan holder could determine the borrower’s eligibility for a military service deferment or post - active duty student deferment, the borrower’s eligibility for the Direct Loan Program’s no accrual of interest benefit for active duty service members, or the borrower’s eligibility for the SCRA interest rate limitation. 

### 7. Explain any

special circumstances that would cause an information collection to be conducted in a manner:

 requiring respondents to report information to the agency more often than quarterl y;

 requiring respondents to prepare a written response to a collection of information in fewer than 30 day s after receipt of it;

 requiring respondents to submit more than an original and two copies of any document;

 requiring respondents to retain records, other than health, medical, government contract, grant - in - aid, or tax records for more than three years;

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013



###  in connection with a statistical survey , that is not designed to produce valid and reliable results than can be generalized to the universe of study ;

 requiring the use of a statistical data classification th at has not been reviewed and approved b y OMB;

 that includes a pledge of confidentiality that is not supported by

authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pl edge, or that unnecessaril y i mpedes sharing of data with other agencies for compatible confidential use; or

 requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has institut ed procedures to protect the information ’ s confidentiality to the extent permitted by law. The collection of this information will be conducted in a manner that does not involve any of the guidelines in 5 CFR 1320.5(d)(2). 

### 8. As applicable, state that the D epartment has published the 60 and 30 Federal Register notices as required b y 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken b y the agency in response to these comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability

of data, frequency

of collection, the clarity

of instruction and record keeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years – even if the collection of information activity

is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained. We considered recommendations from the financial aid community when developing the currently approved military deferment request form, and when drafting the revised form that will be posted for review during the initial 60 - day public comment period. The Department will consider all comments received du ring the 60 - day comment period, make changes, and then give the public another, 30 - day comment period to suggest further changes. 

### 9. Explain any

decision to provide any

pay ment or gift to respondents, other than remuneration of contractors or grantees with meaningful justification . No payments or gifts will be provided to respondents.

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013



### 10. Describe an y assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy . If personally

identifiable i nformation (PII) is being collected, a Privacy Act statement should be included on the instrument. Please provide a citation for the Sy stems of Record Notice and the date a Privacy Impact Assessment was completed as indicated on the I C Data Form . A confide ntiality statement with a legal citation that authorizes the pledge of confidentiality should be provided. 2 

### If the collection is subject to the Privacy Act, the Privacy

Act statement is deemed sufficient with respect to confidentiality . I f there is no expe ctation of confidentiality , simply state that the Department make s no pledge about the confidentiall y of the data. The deferment and SCRA request form includes a Privacy Act Notice that (1) informs the respondent of the statutory authority for the informa tion collection; (2) explains that disclosure of the requested information is voluntary, but is required in order for the deferment request to be processed; and (3) identifies the third parties to whom the information may be disclosed, and explains the cir cumstances under which such disclosures may occur. 

### 11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. The justific ation should include the reasons wh y the agency considers the questions necessary , the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their con sent. This information collection does not request any sensitive information. 

### 12. Provide estimates of the hour burden of the collection of information. The statement should:

 Indicate the number of respondents by affected public ty

pe (federal government, individuals or households, private sector

– businesses or other for - profit, private sector

– not - for - profit institutions, farms, state, local or tribal governments) , frequency of response, annual hour burden, and an explanation of how the burden was estimated, including identification of burden type: recordkeeping, reporting or third party disclosure. All narrative should be included in item 12. Unless directed to do so, agencies should not conduct special survey s to obtain informatio n on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widel y because of differences in activity , size, or complexity , show the ran ge of estimated hour burden, and explain the reasons for the variance. Generall y, estimates should not include burden hours for customary and usual business practices. 2 Requests for this information are in accordance with the following ED and OMB policies: Privacy Act of 1974, OMB Circular A - 108

– Privacy Act Implementation

– Guidelines and Respo nsibilities, OMB Circular A - 130 Appendix I

– Federal Agency Responsibilities for Maintaining Records About Individuals, OMB M - 03 - 22

– OMB Guidance for Implementing the Privacy Provisions of the E - Government Act of 2002, OMB M - 06 - 15

– Safeguarding Personall y Identifiable Information, OM : 6 - 104

– Privacy Act of 1974 (Collection, Use and Protection of Personally Identifiable Information)

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013



###  If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in the ROCI S IC Burden Analy sis Table . (The table should at minimum include Respondent types, IC activity , Responde nt and Responses, Hours/Response, and Total Hours)

 Provide estimates of annualized cost to respondents of the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outs ide parties for information collection activities should not be included here. Instead, this cost should be included in Item 14. The total estimated annual reporting hour burden for this information collection is approximately 8,000 hours. The burden e stimate was calculated as follows: Estimated annual number of respondents: 16,000 Number of responses per borrower: x 1 Hours per response: x 0.5 (30 minutes) Annual hour burden: 8,000 hours Estimated annual number of re spondents: 4,708 Number of responses per borrower: x 1 Hours per response: x 0. 25 ( 15 minutes) Annual hour burden: 1,177 hours The total estimated cost burden for this collection is $ 7,525.68 . This estimate was calculated by multiplying the e stimated number of respondents by the current cost of postage required to return the deferment request form ($0. 46 ). 

### 13. Provide an estimate of the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14.)

 The cost estimate should be split into two components: (a) a total capital and start - up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013 

### including s ys tem and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start - up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and acquiring and maintaining record storage facilities.

 If cost estimates are expected to vary widel y, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents ( fewer than 10), utilize the 60 - day

pre - OMB submission public comment process and use existing economic or regulatory

impact anal ys is associated with the rulemaking containing the information collection, as appropriate.

 Generally , estimates should not inc lude purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or ke ep records for the government or (4) as part of customary and usual business or private practices. Also, these estimates should not include the hourly costs (i.e., the monetization of the hours) captured above in Item 12 There are no startup costs to resp ondents. 

### 14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and su pport staff), and any

other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table. There is no significant cost to the federal government a ssociated with military defer ment and SCRA requests submitted by FFEL, Direct Loan, and Perkins borrowers, since FFEL Program loan holders, Direct Loan servicers, and Perkins schools distribute the form, collect the information, and process the deferment r equests. 

### 15. Explain the reasons for any program changes or adjustments. Generally, adjustments in burden result from re - estimating burden and/or from economic phenomenon outside of an agency ’ s control (e.g., correcting a burden estimate or an organic incr ease in the size of the reporting universe). Program changes result from a deliberate action that materiall y changes a collection of information and generally are result of new statute or an agency action (e.g., changing a form, revising regulations, redef ining the respondent universe, etc.). Burden changes should be disaggregated by type of change (i.e., adjustment, program change due to new statute, and/or program change due to agency discretion) , ty

pe of collection (new, revision, extension, reinstatement with change, reinstatement without change) and include totals for changes in burden hours , responses and cost s (if applicable) .

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013 ED is not reporting any changes in the burden hour estimate for the military deferment form, though the burden associated wit h the collection, as a whole, is increasing as a result of the creation of the SCRA request form, which is new. 

### 16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analy

tic al techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions. The results of this information collecti on will not be published. 

### 17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate. The Department is not seeking this approval. 

### 18. Explain each exception to the certification statement identified in the Certification of Paperwork Reduction Act. The Department is not requesting any exceptions to the Certification for Paperwork Reduction Act Submissions of OMB Form 83 - 1. **Justification of Data Eleme nts**  **Military Deferment Request Data Element**  **Justification Section 1**  Social Security Number Used for borrower identification. Name Used for borrower identification. Address Used as the borrower’s official address to which correspondence related to the deferment is sent City, State, Zip Same as “Address”. Telephone - Home Used to contact the borrower if further information or clarification of responses is required. Telephone - Other Used to contact the borrower if further information or clarification of responses is required. E - mail (optional) Used to contact the borrower if further information or clarification of responses is required.

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013

**Section 2** (A) Check box for military service deferment. Collects the borrower’s request for the military service deferment. (B) Check box for the post - active duty student deferment. Collects the borrower’s request for the post - active duty student deferment. **Section 3** Signature of Borrower or Borrower’s Representative and Date Used to certify the validity of the information provided by the borrower. (For the military service deferment, the borrower’s designee may sign the form if the borrower has been deployed on a military operation and is not readily av ailable to complete the deferment request.) Name of Representative (if applicable) and Relationship to Borrower Used for identification of the individual who is signing the deferment request on behalf of the borrower. Address of Representative In the absence of the borrower, used as the official address to which correspondence related to the deferment is sent. Telephone Number of Representative In the absence of the borrower, used to contact the borrower’s representative if further information or clar ification of responses is required. **Section 4** (1) and (2). Check boxes to indicate type of military service. Used to confirm that the borrower’s type of military service meets the eligibility requirements for the military service deferment. (3) Check box to indicate whether the borrower served in an area of hostilities in which service qualifies for special pay. Used to identify borrowers who qualify for the Direct Loan Program’s no accrual of interest benefit for active duty service members. Period of the borrower’s military service Used to determine the deferment period. Name of Military Branch or National Guard Used to identify the type of military service that is the basis for the borrower’s deferment request. Address Used to contact certifying official if additional information or clarification is needed. City, State, Zip Same as “Address”. Name/Title of Authorized Official Used to identify the individual who is certifying the borrower’s eligibility for the deferment. Telephone Same as “Addre ss”. Authorized Official's Signature and Date Used to certify the borrower’s eligibility for the deferment.

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EDICS Tracking and OMB Number: ( 1444.05 ) 1845 - 0080 Revised: 4/10 /2013 **Justification of Data Elements SCRA**  **Request Data Element**  **Justification Section 1**  Social Security Number Used for borrower identification. Name Used for borrower identification. Address Used as the borrower’s official address to which correspondence related to the deferment is sent City, State, Zip Same as “Address”. Telephone - Home Used to contact the borrower if further information or clarification of responses is required. Telephone - Other Used to contact the borrower if further information or clarification of responses is required. E - mail (optional) Used to contact the borrower if further information or clarification of responses is required. **Section 2** Item 1, check the box that corresponds to your qualifying military service. Collects the type of military service the borrowers is performing so that the borrower’s eligibility can be evaluated. Guides the borrower’s understanding of the eligibility criteria for the SCRA limitation. Item 2, confirm that the borrower’s debts were incurred prior to the date of the borrower’s eligible military service. Guides the borrower’s understanding of the eligibility criteria for the SCRA limit ation. **Section 3** Signature of Borrower and Date Used to certify the validity of the information provided by the borrower.