Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 4553 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. Neither a 

Record of Environmental Consideration 

nor a Memorandum for the Record are 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1, Revision 

No. 01.3. 

■ 2. Revise § 117.221 (b) to read as 

follows: 

§ 117.221 Saugatuck River. 

* * * * * 

(b) The draw of the Metro-North 

‘‘SAGA’’ bridge, mile 1.1 at Saugatuck, 

shall operate as follows: 

(1) The draw shall open on signal 

between 4:30 a.m. and 9 p.m. after at 

least a two-hour advance notice is given; 

except that, from 5:45 a.m. through 9:45 

a.m. and from 4 p.m. through 8 p.m., 

Monday through Friday excluding 

holidays, the draw need not open for the 

passage of vessel traffic unless an 

emergency exists. 

(2) From 9 p.m. through 4:30 a.m. the 

draw shall open on signal after at least 

a four-hour advance notice is given. 

(3) A delay in opening the draw not 

to exceed 10 minutes may occur when 

a train scheduled to cross the bridge 

without stopping has entered the 

drawbridge lock. 

(4) Requests for bridge openings may 

be made by calling the bridge via marine 

radio VHF FM Channel 13 or the 

telephone number posted at the bridge. 

* * * * * 

Dated: December 13, 2023. 

J.W. Mauger, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2024–01358 Filed 1–23–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Parts 668, 674, 682, and 685 

Federal Student Aid Programs 

(Student Assistance General 

Provisions, Federal Perkins Loan 

Program, Federal Family Education 

Loan Program, and the Federal Direct 

Loan Program) 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Updated waivers and 

modifications of statutory and 

regulatory requirements. 

SUMMARY: The Secretary is issuing 

updates of longstanding waivers and 

modifications of statutory and 

regulatory requirements governing the 

Federal student financial aid programs 

under the authority of the Higher 

Education Relief Opportunities for 

Students Act of 2003 (HEROES Act). 

The HEROES Act requires the Secretary 

to publish a document in the Federal 

Register providing notice of the waivers 

or modifications of statutory or 

regulatory requirements applicable to 

the student financial assistance 

programs under title IV of the Higher 

Education Act of 1965, as amended 

(HEA), to assist individuals who are 

performing qualifying military service, 

and individuals who are affected by a 

disaster, war or other military operation, 

or national emergency, as described in 

the SUPPLEMENTARY INFORMATION section 

of this document. 

DATES: Effective January 24, 2024. The 

waivers and modifications in this 

document expire on January 24, 2029. 

FOR FURTHER INFORMATION CONTACT: For 

provisions related to the Federal Perkins 

Loan Program, Federal Family 

Education Loan (FFEL) Program, and 

Federal Direct Loan (Direct Loan) 

Program: Brian Smith, Telephone: (202) 

987–1327. Email: Brian.Smith@ed.gov. 

For other provisions: Aaron 

Washington, Telephone: (202) 453– 

7241. Email: Aaron.Washington@ed.gov. 

The mailing address for both 

individuals is U.S. Department of 

Education, Office of Postsecondary 

Education, 400 Maryland Ave. SW, 2nd 

Floor, Washington, DC 20202. 

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: The 

Secretary is issuing updated waivers 

and modifications of statutory and 

regulatory requirements governing the 

Federal student financial aid programs 

under the authority of the HEROES Act. 

As described below, these waivers and 

modifications primarily focus on 

servicemembers who are called for 

active duty. We note below where there 

is overlap between the waivers and 

modifications issued in this document 

and the waivers and modifications 

related to the Fresh Start Initiative, 

which is described below. 

In a document published in the 

Federal Register on December 12, 2003 

(68 FR 69312), the Secretary first 

exercised the authority under the 

HEROES Act (Pub. L. 108–76, 20 U.S.C. 

1098bb(b)) and announced waivers and 

modifications of statutory and 

regulatory provisions designed to assist 

‘‘affected individuals.’’ Under 20 U.S.C. 

1098ee(2), the term ‘‘affected 

individual’’ means an individual who— 

• Is serving on active duty during a 

war or other military operation or 

national emergency; 

• Is performing qualifying National 

Guard duty during a war or other 

military operation or national 

emergency; 

• Resides or is employed in an area 

that is declared a disaster area by any 

Federal, State, or local official in 

connection with a national emergency; 

or 

• Suffered direct economic hardship 

as a direct result of a war or other 

military operation or national 

emergency, as determined by the 

Secretary. 

Please note that these waivers and 

modifications do not apply to an 

individual who resides or is employed 

in an area declared a disaster area by 

any Federal, State, or local official 

unless that declaration has been made 

in connection with a national 

emergency. 

In a document published in the 

Federal Register on September 29, 2017 

(82 FR 45465), the Secretary updated 

the waivers and modifications to reflect 

statutory and regulatory changes that 

had occurred since the most recent prior 

waiver and modification document was 

published. The 2017 waivers and 

modifications expired on September 30, 

2022. 

The Secretary is updating the waivers 

and modifications to reflect statutory 


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4554 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 

and regulatory changes that have 

occurred since publication of the 2017 

waivers and modifications. The waivers 

and modifications in this document will 

expire on January 24, 2029. With a few 

exceptions, the waivers and 

modifications in this document are the 

same as the 2017 waivers and 

modifications. However, the 2017 

waivers and modifications have been 

updated as follows: 

(1) The Secretary is not including in 

this document the 2017 waiver that 

allowed institutions to use the 

applicant’s original Expected Family 

Contribution (EFC) (the EFC based on 

the income and tax information reported 

on the Free Application for Federal 

Student Aid (FAFSA®)), the EFC based 

on the data from the first calendar year 

of the award year, or the EFC based on 

another annual income that more 

accurately reflects the family’s current 

financial circumstances. 

A financial aid administrator has the 

authority to use professional judgment 

on a case-by-case basis for affected 

individuals. The Department believes 

that the authority provided through the 

2017 waiver is already within the 

authority of the financial aid 

administrator. The Department has also 

issued Dear Colleague Letters GEN–21– 

02 and GEN–22–15 further explaining 

the authority and responsibilities of the 

financial aid administrator in regard to 

professional judgment. 

(2) The Secretary is not including the 

2017 waiver and modification that 

allowed institutions to exercise 

professional judgment to make 

adjustments to the cost of attendance or 

the items used in calculating the EFC on 

a broader basis than the case-by-case 

basis reflected in the HEA. Accordingly, 

an institution that exercises professional 

judgment must make those 

determinations on a case-by-case basis 

for affected individuals. 

(3) The Secretary is not including the 

2017 waivers and modifications related 

to verification. The Secretary will 

announce any changes related to 

verification in a separate Federal 

Register notice, Dear Colleague letter, or 

electronic announcement. 

The Secretary is issuing these waivers 

and modifications under the authority 

of the HEROES Act, 20 U.S.C. 

1098bb(a). In accordance with the 

HEROES Act, the Secretary is providing 

the waivers and modifications of 

statutory and regulatory requirements 

applicable to the student financial 

assistance programs under title IV of the 

HEA that the Secretary believes are 

appropriate to ensure that— 

• Affected individuals who are 

recipients of student financial assistance 

under title IV are not placed in a worse 

position financially in relation to that 

financial assistance because they are 

affected individuals; 

• Affected individuals who are 

recipients of student financial assistance 

are not unduly subject to administrative 

burden or inadvertent technical 

violations or defaults; 

• Affected individuals are not 

penalized when a determination of need 

for student financial assistance is 

calculated; 

• Affected individuals are not 

required to return or repay an 

overpayment of grant funds based on 

the HEA’s Return of Title IV Funds 

provision; and 

• Entities that participate in the 

student financial assistance programs 

under title IV of the HEA and that are 

located in areas that are declared 

disaster areas by any Federal, State, or 

local official in connection with a 

national emergency, or whose 

operations are significantly affected by 

such a disaster, receive temporary relief 

from administrative requirements. 

In 20 U.S.C. 1098bb(b)(1), the 

HEROES Act further provides that 

section 437 of the General Education 

Provisions Act (20 U.S.C. 1232) and 

section 553 of the Administrative 

Procedure Act (5 U.S.C. 553) do not 

apply to the contents of this document. 

The following terms used in this 

document are defined in 20 U.S.C. 

1098ee: ‘‘active duty,’’ ‘‘military 

operation,’’ ‘‘national emergency,’’ 

‘‘qualifying National Guard duty during 

a war or other military operation or 

national emergency,’’ and ‘‘serving on 

active duty during a war or other 

military operation or national 

emergency.’’ 

The Department intends for each of 

the waivers and modifications described 

in this document to be severable. If any 

waiver or modification in this document 

or its application to any person, act, or 

practice is held invalid, the remainder 

of the waivers and modifications or the 

application of such waiver or 

modification to any person, act, or 

practice will not be affected thereby. 

The following waivers and 

modifications are grouped into three 

categories, according to the affected 

individuals to whom they apply. 

Category 1: The Secretary is waiving 

or modifying the following requirements 

of title IV of the HEA and the 

Department’s regulations for ALL 

affected individuals. 

Return of Title IV Funds—Grant 

Overpayments Owed by the Student 

Section 484B(b)(2) of the HEA and 34 

CFR 668.22(h)(3)(ii) require a student to 

return or repay, as appropriate, 

unearned grant funds for which the 

student is responsible under the Return 

of Title IV Funds calculation. For a 

student who withdraws from an 

institution because of the student’s 

status as an affected individual, the 

Secretary is waiving these statutory and 

regulatory requirements so that a 

student is not required to return or 

repay any overpayment of grant funds 

based on the Return of Title IV Funds 

provisions. 

For these students, the Secretary also 

waives 34 CFR 668.22(h)(4), which— 

• Requires an institution to notify a 

student of a grant overpayment and the 

actions the student must take to resolve 

the overpayment; 

• Denies eligibility to a student who 

owes a grant overpayment and does not 

take an action to resolve the 

overpayment; and 

• Requires an institution to refer a 

grant overpayment to the Secretary 

under certain conditions. 

Therefore, an institution is not 

required to contact the student, notify 

the National Student Loan Data System, 

or refer the overpayment to the 

Secretary. However, the institution must 

document in the student’s file the 

amount of any overpayment as part of 

the documentation of the application of 

this waiver. 

The student is not required to return 

or repay an overpayment of grant funds 

based on the Return of Title IV Funds 

provision. Therefore, an institution 

must not apply any title IV credit 

balance to the grant overpayment prior 

to: using a credit balance to pay 

authorized charges; paying any amount 

of the title IV credit balance to the 

student or parent, in the case of a parent 

PLUS loan; or using the credit balance 

to reduce the student’s title IV loan debt 

(with the student’s authorization) as 

provided in Dear Colleague Letter GEN– 

04–03 (February 2004; revised 

November 2004). 

Category 2: The Secretary is waiving 

or modifying requirements in the 

following provisions of title IV of the 

HEA and the Department’s regulations 

for affected individuals who are serving 

on active duty or performing qualifying 

National Guard duty during a war or 

other military operation or national 

emergency, or who reside or are 

employed in a disaster area. 

Return of Title IV Funds—PostWithdrawal Disbursements of Loan 

Funds 

Under 34 CFR 668.22(a)(6)(iii)(A)(5) 

and (D), a student (or parent for a parent 

PLUS loan) must be provided a postwithdrawal disbursement of a title IV 


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Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 4555 

loan if the student (or parent) responds 

to an institution’s notification of the 

post-withdrawal disbursement within 

14 days of the date that the institution 

sent the notice, or a later deadline set by 

the institution. If a student or parent 

submits a late response, an institution 

may, but is not required to, make the 

post-withdrawal disbursement. 

The Secretary is modifying this 

requirement so that, for a student who 

withdraws because of their status as an 

affected individual in this category and 

who is eligible for a post- withdrawal 

disbursement, the 14-day time period in 

which the student (or parent) must 

normally respond to the offer of the 

post-withdrawal disbursement is 

extended to 45 days, or to a later 

deadline set by the institution. If the 

student or parent submits a response 

after the designated period, the 

institution may, but is not required to, 

make the post-withdrawal 

disbursement. As required under the 

current regulations, if the student or 

parent submits the timely response 

instructing the institution to make all or 

a portion of the post-withdrawal 

disbursement, or the institution chooses 

to make a post-withdrawal 

disbursement based on receipt of a late 

response, the institution must disburse 

the funds within 180 days of the date of 

the institution’s determination that the 

student withdrew. 

Leaves of Absence 

Under 34 CFR 668.22(d)(3)(iii)(B), a 

student is required to provide a written, 

signed, and dated request, which 

includes the reason for that request, for 

an approved leave of absence prior to 

the leave of absence. However, if 

unforeseen circumstances prevent a 

student from providing a prior written 

request, the institution may grant the 

student’s request for a leave of absence 

if the institution documents its decision 

and collects the written request at a later 

date. It may be appropriate in certain 

limited cases for an institution to 

provide an approved leave of absence to 

a student who must interrupt his or her 

enrollment because he or she is an 

affected individual in this category. 

Therefore, the Secretary is waiving the 

requirement that the student provide a 

written request for affected individuals 

who have difficulty providing a written 

request as a result of being an affected 

individual in this category. The 

institution’s documentation of its 

decision to grant the leave of absence 

must include, in addition to the reason 

for the leave of absence, the reason for 

waiving the requirement that the leave 

of absence be requested in writing. 

Treatment of Title IV Credit Balances 

When a Student Withdraws 

Under 34 CFR 668.164(h)(2), an 

institution must pay any title IV credit 

balance to the student, or parent in the 

case of a parent PLUS loan, as soon as 

possible, but no later than 14 days after 

the balance occurred if the balance 

occurred after the first day of class of a 

payment period, or 14 days after the 

first day of class of a payment period if 

the balance occurred on or before the 

first day of class of that payment period. 

If the student (or parent) has provided 

authorization, an institution may use a 

title IV credit balance to reduce the 

borrower’s total title IV loan debt, not 

just the title IV loan debt for the period 

for which the Return of Title IV Funds 

calculation is performed. 

For students who withdraw because 

they are affected individuals in this 

category, the Secretary finds that the 

institution has met the 14-day 

requirement under 34 CFR 668.164(h)(2) 

if, within that time frame, the institution 

attempts to contact the student (or 

parent) to suggest that the institution be 

authorized to return the credit balance 

to the loan program(s). 

Based upon the instructions of the 

student (or parent), the institution must 

promptly return the funds to the title IV 

loan programs or pay the credit balance 

to the student (or parent). 

In addition, if an institution chooses 

to attempt to contact the student (or 

parent) for authorization to apply the 

credit balance to reduce the student’s 

title IV loan debt, it must allow the 

student (or parent) 45 days to respond. 

If there is no response within 45 days, 

the institution must promptly pay the 

credit balance to the student (or parent) 

or return the funds to the title IV 

programs if the student (or parent) 

cannot be located. 

Consistent with the guidance 

provided in Dear Colleague Letter GEN– 

04–03 (February 2004; revised 

November 2004), the institution may 

also choose to pay the credit balance to 

the student (or parent) without first 

requesting permission to apply the 

credit balance to reduce the student’s 

title IV loan debt. 

Cash Management—Student or Parent 

Request for Loan or TEACH Grant 

Cancellation 

Under 34 CFR 668.165(a)(4)(ii), an 

institution must return loan or TEACH 

Grant proceeds, cancel the loan or 

TEACH Grant, or do both, if the 

institution receives a loan or TEACH 

Grant cancellation request from a 

student or parent— 

• By the later of the first day of a 

payment period or 14 days after the date 

the institution notifies the student or 

parent of his or her right to cancel all 

or a portion of a loan or TEACH Grant 

if the institution obtains affirmative 

confirmation from the student under 34 

CFR 668.165(a)(6)(i); or 

• Within 30 days of the date the 

institution notifies the student or parent 

of their right to cancel all or a portion 

of a loan if the institution does not 

obtain affirmative confirmation from the 

student under 34 CFR 668.165(a)(6)(i). 

Under 34 CFR 668.165(a)(4)(iii), if an 

institution receives a loan cancellation 

request from a borrower after the period 

specified in 34 CFR 668.165(a)(4)(ii), the 

institution may, but is not required to, 

comply with the request. The Secretary 

is modifying this requirement so that an 

institution must allow at least 60 days 

for the student or parent to request the 

cancellation of all or a portion of a loan 

or TEACH Grant for which proceeds 

have been credited to the account at the 

institution. If an institution receives a 

loan or TEACH Grant cancellation 

request after the 60-day period, the 

institution may, but is not required to, 

comply with the request. 

Cash Management—Student and Parent 

Authorizations 

Under 34 CFR 668.165(b)(1), an 

institution must obtain a written 

authorization from a student or parent, 

as applicable, to— 

• Use title IV funds to pay for 

educationally related charges incurred 

by the student at the institution other 

than charges for tuition and fees and, as 

applicable, room and board; and 

• Hold on behalf of the student or 

parent any title IV funds that would 

otherwise be paid directly to the student 

or parent. 

The Secretary is modifying these 

requirements to permit an institution to 

accept an authorization provided by a 

student (or parent for a parent PLUS 

loan) orally, rather than in writing, if the 

student or parent is prevented from 

providing a written authorization 

because of his or her status as an 

affected individual in this category. The 

institution must document the oral 

consent or authorization. 

Satisfactory Academic Progress 

In cases where a student failed to 

meet the institution’s satisfactory 

academic progress standards as a direct 

result of being an affected individual in 

this category, institutions may apply the 

exception provision of ‘‘other special 

circumstances’’ in 34 CFR 

668.34(a)(9)(ii). 


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4556 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 

Borrowers in a Grace Period 

Sections 428(b)(7)(D) of the HEA and 

34 CFR 685.207(b)(2)(ii) and (c)(2)(ii) 

exclude from a Direct Loan borrower’s 

initial grace period any period during 

which a borrower who is a member of 

an Armed Forces reserve component is 

called or ordered to active duty for a 

period of more than 30 days. The 

statutory and regulatory provisions 

further require that any single excluded 

period may not exceed three years and 

must include the time necessary for the 

borrower to resume enrollment at the 

next available regular enrollment 

period. Lastly, any borrower who is in 

a grace period when called or ordered 

to active duty is entitled to another six 

or nine-month grace period, as 

applicable, upon completion of the 

excluded period of service. 

The Secretary is modifying these 

statutory and regulatory requirements to 

exclude from a title IV borrower’s initial 

grace period, any period, not to exceed 

three years, during which a borrower is 

an affected individual in this category. 

Any excluded period must include the 

time necessary for an affected 

individual in this category to resume 

enrollment at the next available 

enrollment period. 

Borrowers in an ‘‘In-School’’ Period 

A title IV borrower is considered to be 

in an ‘‘in-school’’ status and is not 

required to make payments on a title IV 

loan that has not entered repayment as 

long as the borrower is enrolled at an 

eligible institution on at least a half-time 

basis. Under sections 428(b)(7)(A) and 

464(c)(1)(A) of the HEA and 34 CFR 

674.31(b)(2), 682.209(a), and 685.207(b), 

(c), and (e)(2) and (3), when a borrower 

of a loan under the Federal Family 

Education Loan (FFEL) Program, the 

Direct Loan Program, or the Federal 

Perkins Loan Program ceases to be 

enrolled at an eligible institution on at 

least a half-time basis, the borrower is 

obligated to begin repayment of the loan 

after a six or nine-month grace period, 

depending on the title IV loan program 

under which the loan was made and the 

terms of the borrower’s promissory note. 

The Secretary is modifying the statutory 

and regulatory requirements that 

obligate an ‘‘in-school’’ borrower who 

has dropped below half-time status to 

begin repayment if the borrower is an 

affected individual in this category, by 

requiring the holder of the loan to 

maintain the loan in an ‘‘in-school’’ 

status for a period not to exceed three 

years, including the time necessary for 

the borrower to resume enrollment in 

the next regular enrollment period, if 

the borrower is planning to go back to 

school. 

Borrowers in an In-School, Graduate 

Fellowship, or Rehabilitation Training 

Program Deferment 

Under HEA sections 427(a)(2)(C)(i), 

428(b)(1)(M)(i), 428B(a)(2) and (d)(1), 

428C(b)(4)(C), 455(f)(2)(A), and 

464(c)(2)(A)(i) and 34 CFR 674.34(b)(1), 

682.210(b)(1)(i), (ii), and (iii), 

682.210(s)(2), (3), and (4), 685.204(b), 

685.204(c)(1), 685.204(d), and 

685.204(e), a title IV borrower is eligible 

for a deferment on a loan during periods 

after the commencement or resumption 

of the repayment period on the loan 

when the borrower is enrolled and in 

attendance as a regular student on at 

least a half-time basis (or full-time, if 

required by the terms of the borrower’s 

promissory note) at an eligible 

institution; enrolled and in attendance 

as a regular student in a course of study 

that is part of a graduate fellowship 

program; engaged in an eligible 

rehabilitation training program; or, for 

Federal Perkins Loan borrowers, 

engaged in graduate or post-graduate 

fellowship-supported study outside the 

United States. The borrower’s deferment 

period ends when the borrower no 

longer meets one of the above 

conditions. Under 34 CFR 685.204(c)(2), 

a Direct parent PLUS Loan borrower is 

eligible for a deferment during the time 

when the student on whose behalf the 

loan was obtained is enrolled on at least 

a half-time basis. 

The Secretary is waiving the statutory 

and regulatory eligibility requirements 

for this deferment for title IV borrowers 

who were required to interrupt a 

graduate fellowship or rehabilitation 

training program deferment, or who 

were in an in-school deferment but who 

left school, because of their status as an 

affected individual in this category. The 

holder of the loan is required to 

maintain the loan in the graduate 

fellowship, rehabilitation training 

program, or in-school deferment status 

for a period not to exceed three years, 

during which the borrower (or, in the 

case of an in-school deferment on a 

parent PLUS loan, the student on whose 

behalf the loan was obtained) is an 

affected individual in this category. This 

period includes the time necessary for 

the borrower to resume the graduate 

fellowship program, resume a 

rehabilitation training program, or 

resume enrollment in the next regular 

enrollment period if the borrower (or in 

the case of a parent PLUS loan, the 

student) returns to school. 

Forbearance 

Under section 464(e) of the HEA and 

34 CFR 674.33(d)(2), there is a threeyear cumulative limit on the length of 

forbearances that a Federal Perkins Loan 

borrower can receive. To assist Federal 

Perkins Loan borrowers who are 

affected individuals in this category, the 

Secretary is waiving these statutory and 

regulatory requirements so that any 

forbearance based on a borrower’s status 

as an affected individual in this category 

is excluded from the three-year 

cumulative limit. 

Under section 464(e) of the HEA and 

34 CFR 674.33(d)(2) and (3), a school 

must receive a request and supporting 

documentation from a Federal Perkins 

Loan borrower before granting the 

borrower a forbearance, the terms of 

which must be in the form of a written 

agreement. The Secretary is waiving 

these statutory and regulatory 

requirements to require an institution to 

grant forbearance based on the 

borrower’s status as an affected 

individual in this category for a oneyear period, including a three-month 

‘‘transition period’’ immediately 

following, without supporting 

documentation or a written agreement, 

based on the written or oral request of 

the borrower, a member of the 

borrower’s family, or another reliable 

source. The purpose of the three-month 

transition period is to assist borrowers 

so that they will not be required to 

reenter repayment immediately after 

they are no longer affected individuals 

in this category. To grant the borrower 

forbearance beyond the initial 12- to 15- 

month period, supporting 

documentation from the borrower, a 

member of the borrower’s family, or 

another reliable source is required. 

Under 34 CFR 674.33(d)(2) and 

682.211(i)(1), a Perkins or FFEL 

borrower who requests forbearance 

because of a military mobilization must 

provide the loan holder with 

documentation showing that he or she 

is subject to a military mobilization. The 

Secretary is waiving this requirement to 

allow a borrower who is not otherwise 

eligible for the military service 

deferment under 34 CFR 682.210(t), and 

674.34(h) to receive forbearance at the 

request of the borrower, a member of the 

borrower’s family, or another reliable 

source for a one-year period, including 

a three-month transition period that 

immediately follows, without providing 

the loan holder with documentation. To 

grant the borrower forbearance beyond 

this period, documentation supporting 

the borrower’s military mobilization 

must be submitted to the loan holder. 


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Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 4557 

The Secretary will apply the 

forbearance waivers and modifications 

in this section to loans held by the 

Department. 

Collection of Defaulted Loans 

In accordance with 34 CFR part 674, 

subpart C—Due Diligence, and 

682.410(b)(6), schools and guaranty 

agencies must attempt to recover 

amounts owed from defaulted Federal 

Perkins Loan and FFEL borrowers, 

respectively. The Secretary is waiving 

the regulatory provisions that require 

schools and guaranty agencies to 

attempt collection on defaulted loans for 

the time period during which the 

borrower is an affected individual in 

this category and for a three-month 

transition period. The school or 

guaranty agency may stop collection 

activities upon notification by the 

borrower, a member of the borrower’s 

family, or another reliable source that 

the borrower is an affected individual in 

this category. The school or guaranty 

agency must resume collection activities 

after the borrower has notified the 

school or guaranty agency that the 

affected individual status no longer 

applies and that the three-month 

transition period has expired. 

Alternatively, the school or guaranty 

agency may rely upon evidence that the 

borrower is receiving Imminent Danger 

Pay or Hostile Fire Pay (IDP/HFP) to 

determine the time frame during which 

collection should be suspended; 

collection may be suspended while the 

borrower is receiving IDP/HFP and for 

three months after that special pay ends. 

The loan holder must document in the 

loan file why it has suspended 

collection activities on the loan, and the 

loan holder is not required to obtain 

evidence of the borrower’s status while 

collection activities have been 

suspended. The Secretary will apply the 

waivers described in this paragraph to 

loans held by the Department. 

Fresh Start Initiative 

In March 2021, the Department 

directed guaranty agencies to halt 

collection efforts on defaulted loans to 

be consistent with the treatment of 

Direct Loans. On April 6, 2022, the 

Department announced that it would 

provide borrowers who defaulted on 

their Federal student loans prior to the 

COVID–19 pandemic with additional 

opportunities to get their loans out of 

default. This initiative, called ‘‘Fresh 

Start’’ is described in the Department’s 

Notice of updated waivers and 

modifications of statutory and 

regulatory provisions published on June 

16, 2023 (88 FR 39360). Borrowers who 

take advantage of this opportunity to get 

their loans out of default will, as a 

result, regain eligibility for title IV, HEA 

Federal student aid, including Federal 

Pell Grants and campus-based aid like 

Federal Work-Study. The Fresh Start 

opportunity will remain available to 

previously defaulted borrowers for one 

year after the end of the COVID–19 

pandemic student loan payment pause. 

Borrowers eligible for Fresh Start will 

have one year to make payment 

arrangements before being treated as 

defaulting on their debt and before their 

loans will be subject to further 

collection efforts. Fresh Start applies to 

a broader group of individuals than 

outlined in this Federal Register notice 

so for additional information regarding 

implementation of the Fresh Start 

Initiative, refer to Electronic 

Announcement (General 22–58) 

Information About Restored Aid 

Eligibility Under Fresh Start Initiative 

and Dear Colleague Letter GEN–22–13 

Federal Student Aid Eligibility for 

Borrowers with Defaulted Loans. 

Service-Based Loan Cancellation 

Depending on the loan program, 

borrowers may qualify for loan 

cancellation if they are employed fulltime in specified occupations, such as 

teaching or in law enforcement, or 

providing eligible volunteer service 

pursuant to sections 428J, 460(b)(1), and 

465(a)(2)(A)–(M) and (3) of the HEA, 

and 34 CFR 674.53, 674.55, 674.56, 

674.57, 674.58, 674.60, 682.216, and 

685.217. Generally, to qualify for loan 

cancellation, borrowers must perform 

uninterrupted, otherwise qualifying 

service for a specified length of time (for 

example, one year) or for consecutive 

periods of time, such as five consecutive 

years. 

For borrowers who are affected 

individuals in this category, the 

Secretary is waiving the requirements 

that apply to the various loan 

cancellations that such periods of 

service be uninterrupted or consecutive, 

if the reason for the interruption is 

related to the borrower’s status as an 

affected individual in this category. 

Therefore, the service period required 

for the borrower to receive or retain a 

loan cancellation for which he or she is 

otherwise eligible will not be 

considered interrupted by any period 

during which the borrower is an 

affected individual in this category, 

including the three-month transition 

period. The Secretary will apply the 

waivers described in this paragraph to 

loans held by the Department. 

Rehabilitation of Defaulted Loans 

A borrower of a Direct Loan or a FFEL 

Loan must make nine voluntary ontime, monthly payments over 10 

consecutive months to rehabilitate a 

defaulted loan in accordance with 

section 428F(a) of the HEA and 34 CFR 

682.405(a)(2)(i) and 685.211(f)(1). 

Federal Perkins Loan borrowers must 

make nine consecutive, on-time 

monthly payments to rehabilitate a 

defaulted Federal Perkins Loan in 

accordance with section 464(h)(1)(A) of 

the HEA and 34 CFR 674.39(a)(2). To 

assist title IV borrowers who are affected 

individuals in this category, the 

Secretary is waiving the statutory and 

regulatory requirements that payments 

made to rehabilitate a loan must be 

consecutive or made over no more than 

10 consecutive months. Loan holders 

should not treat any payment missed 

during the time that a borrower is an 

affected individual in this category, or 

during the three-month transition 

period, as an interruption in the number 

of monthly, on-time payments required 

to be made consecutively, or the number 

of consecutive months in which 

payment is required to be made, for loan 

rehabilitation. If there is an arrangement 

or agreement in place between the 

borrower and loan holder and the 

borrower makes a payment during this 

period, the loan holder must treat the 

payment as an eligible payment in the 

required series of payments. When the 

borrower is no longer an affected 

individual in this category, and the 

three-month transition period has 

expired, the required sequence of 

qualifying payments may resume at the 

point they were discontinued as a result 

of the borrower’s status. The Secretary 

will apply the waivers described in this 

paragraph to loans held by the 

Department. 

Reinstatement of Title IV Eligibility 

Under sections 428F(b) and 464(h)(2) 

of the HEA and under the definition of 

‘‘satisfactory repayment arrangement’’ 

in 34 CFR 668.35(a)(2), 674.2(b), 

682.200(b), and 685.102(b), a defaulted 

title IV borrower may make six 

consecutive, on-time, voluntary, full, 

monthly payments to reestablish 

eligibility for title IV Federal student 

financial assistance. To assist title IV 

borrowers who are affected individuals 

in this category, the Secretary is waiving 

statutory and regulatory provisions that 

require the borrower to make 

consecutive payments to reestablish 

eligibility for title IV Federal student 

financial assistance. Loan holders 

should not treat any payment missed 

during the time that a borrower is an 

affected individual in this category as an 

interruption in the six consecutive, ontime, voluntary, full, monthly payments 

required for reestablishing title IV 


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4558 Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 

eligibility. If there is an arrangement or 

agreement in place between the 

borrower and loan holder and the 

borrower makes a payment during this 

period, the loan holder must treat the 

payment as an eligible payment in the 

required series of payments. When the 

borrower is no longer an affected 

individual or in the three-month 

transition period for purposes of this 

document, the required sequence of 

qualifying payments may resume at the 

point they were discontinued as a result 

of the borrower’s status. The Secretary 

will apply the waivers described in this 

paragraph to loans held by the 

Department. 

Consolidation of Defaulted Loans 

Under the definition of ‘‘satisfactory 

repayment arrangement’’ in 34 CFR 

685.102(b), a borrower with a defaulted 

FFEL or Direct Loan may consolidate 

the defaulted loan into a Direct 

Consolidation Loan by making three 

consecutive, voluntary, on-time, 

monthly, full payments on the loan. The 

Secretary is waiving the regulatory 

requirement that such payments be 

consecutive. FFEL loan holders should 

not treat any payment missed during the 

time that a borrower is an affected 

individual in this category as an 

interruption in the three consecutive, 

voluntary, monthly, full, on-time 

payments required for establishing 

eligibility to consolidate a defaulted 

loan in the Direct Consolidation Loan 

Program. If there is an arrangement or 

agreement in place between the 

borrower and loan holder and the 

borrower makes a payment during this 

period, the loan holder must treat the 

payment as an eligible payment in the 

required series of payments. When the 

borrower is no longer an affected 

individual in this category or in the 

three-month transition period, the 

required sequence of qualifying 

payments may resume at the point they 

were discontinued as a result of the 

borrower’s status as an affected 

individual. The Secretary will apply the 

waivers described in this paragraph to 

loans held by the Department. 

Annual Income Documentation 

Requirements for Direct Loan and FFEL 

Borrowers Under the Income-Based 

Repayment (IBR), Pay as You Earn 

(PAYE), Saving on a Valuable 

Education (SAVE), Formerly Known as 

Revised Pay as You Earn (REPAYE), 

and Income-Contingent Repayment 

(ICR) Plans 

Section 493C(c) of the HEA requires 

the Secretary to establish procedures for 

annually determining a borrower’s 

eligibility for the IBR plan, including 

verification of a borrower’s annual 

income and the annual amount due on 

the total amount of the borrower’s loans. 

Section 455(e)(1) of the HEA provides 

that the Secretary may obtain such 

information as is reasonably necessary 

regarding the income of a borrower for 

the purpose of determining the annual 

repayment obligation of the borrower 

under an ICR plan. Under current 34 

CFR 682.215(e); 685.209(a)(5), (b)(3)(vi), 

and (c)(4); and 685.221(e), borrowers 

repaying under the IBR, PAYE, SAVE, 

formerly known as REPAYE, or ICR 

plans must annually provide their loan 

holder with documentation of their 

income and family size so that the loan 

holder may, if necessary, adjust the 

borrower’s monthly payment amount 

based on changes in the borrower’s 

income or family size. Please note that, 

as of July 1, 2024, the application and 

annual recertification procedures for the 

IBR, PAYE, and SAVE plans will be 

located in §§ 685.209(l) and 682.215(e). 

Borrowers are required to provide 

information about their annual income 

and family size to the loan holder each 

year by a deadline specified by the 

holder. If a borrower who is repaying 

his or her loans under the IBR, PAYE, 

SAVE (formerly known as REPAYE), or 

ICR plans fails to provide the required 

information by the specified deadline, 

the borrower’s monthly payment 

amount is adjusted and is no longer 

based on the borrower’s income. This 

adjusted monthly payment amount is 

generally higher than the payment 

amount that was based on the 

borrower’s income. 

The Secretary is waiving these 

statutory and regulatory provisions to 

require loan holders to maintain an 

affected borrower’s payment at the most 

recently calculated IBR, PAYE, SAVE 

(formerly known as REPAYE), or ICR 

monthly payment amount for up to a 

three-year period, including a threemonth transition period immediately 

following the three-year period, if the 

borrower’s status as an affected 

individual in this category has 

prevented the borrower from providing 

documentation of updated income and 

family size by the specified deadline. 

Category 3: The Secretary is waiving 

or modifying the following provisions of 

title IV of the HEA and the Department’s 

regulations for affected individuals who 

are serving on active duty or performing 

qualifying National Guard duty during a 

war or other military operation or 

national emergency. 

Institutional Charges and Refunds 

The HEROES Act encourages 

institutions to provide a full refund of 

tuition, fees, and other institutional 

charges for the portion of a period of 

instruction that a student was unable to 

complete, or for which the student did 

not receive academic credit, because he 

or she was called up for active duty or 

for qualifying National Guard duty 

during a war or other military operation 

or national emergency. Alternatively, 

the Secretary encourages institutions to 

provide a credit in a comparable amount 

against future charges. 

The HEROES Act also recommends 

that institutions consider providing easy 

and flexible reenrollment options to 

students who are affected individuals in 

this category. At a minimum, an 

institution must comply with the 

requirements of 34 CFR 668.18, which 

addresses the readmission requirements 

for service members serving for a period 

of more than 30 consecutive days under 

certain conditions. Some institutions 

must also provide protections to service 

members who are absent for shorter 

periods of service, under the Principles 

of Excellence (Executive Order 13607, 

issued April 27, 2012). More 

information is available at: https://

www.va.gov/education/choosing-aschool/principles-of-excellence/. 

Of course, an institution may provide 

such treatment to affected individuals 

other than those who are called up to 

active duty or for qualifying National 

Guard duty during a war or other 

military operation or national 

emergency. Before an institution makes 

a refund of institutional charges, it must 

perform the required Return of Title IV 

Funds calculations based upon the 

originally assessed institutional charges. 

After determining the amount that the 

institution must return to the title IV 

Federal student aid programs, any 

reduction of institutional charges may 

consider the funds that the institution is 

required to return. In other words, we 

do not expect that an institution would 

both return funds to the Federal 

programs and also provide a refund of 

those same funds to the student. 

Accessible Format: On request to one 

of the program contact persons 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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 16 / Wednesday, January 24, 2024 / Rules and Regulations 4559 

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.federalregister.gov. Specifically, 

through the advanced search feature at 

this site, you can limit your search to 

documents published by the 

Department. 

(Catalog of Federal Domestic Assistance 

Numbers: 84.007 Federal Supplemental 

Educational Opportunity Grant Program; 

84.032 Federal Family Education Loan 

Program; 84.032 Federal PLUS Program; 

84.033 Federal Work Study Program; 84.038 

Federal Perkins Loan Program; 84.063 

Federal Pell Grant Program; and 84.268 

William D. Ford Federal Direct Loan 

Program.) 

Program Authority: 20 U.S.C. 1071, 1082, 

1087a, 1087aa, Part F–1, 1098aa. 

Miguel A. Cardona, 

Secretary of Education. 

[FR Doc. 2024–01227 Filed 1–23–24; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0065; FRL–11656–01– 

OCSPP] 

Baicalin in Pesticide Formulations; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Baicalin 

anhydrous and Baicalin hydrate when 

used as inert ingredients (stabilizer) on 

growing crops pre-harvest, limited to a 

maximum concentration of 10% of the 

end-use formulation. Exponent, Inc. on 

behalf of UPL NA Inc. submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of baicalin 

anhydrous and baicalin hydrate, when 

used in accordance with the terms of 

those exemptions. 

DATES: This regulation is effective 

January 24, 2024. Objections and 

requests for hearings must be received 

on or before March 25, 2024 and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0065, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

docket is (202) 566–1744. Please review 

the visitor instructions and additional 

information about the docket available 

at https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Registration Division 

(7505T), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(202) 566–1030; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2023–0065 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before March 

25, 2024. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2023–0065, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/. 

II. Petition for Exemption 

In the Federal Register of March 24, 

2023 (88 FR 17778) (FRL–10579–02), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the filing of a pesticide 

petition (PP IN–11658) by Exponent, 

Inc., 1150 Connecticut Ave., Suite 1100, 

Washington, DC 20036, on behalf of 

UPL NA Inc., 630 Freedom Business 

Center, Suite 402, King of Prussia, PA 

19406. The petition requested that 40 

CFR 180.920 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of baicalin anhydrous (CAS Reg. No. 


ddrumheller on DSK120RN23PROD with RULES1