Publication Date: March 12, 2018
Posted Date: March 16, 2018
Subject: Federal Preemption and State Regulation of the Department of Education's Federal Student Loan Programs and Federal Student Loan Servicers
FR Type: Notice
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)] [Rules and Regulations] [Pages 10619-10622] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2018-04924] ========================================== ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION 34 CFR Chapter VI Federal Preemption and State Regulation of the Department of Education's Federal Student Loan Programs and Federal Student Loan Servicers AGENCY: Office of the Secretary, Department of Education. ACTION: Interpretation. ----------------------------------------------------------------------- SUMMARY: Recently, several States have enacted regulatory regimes that impose new regulatory requirements on servicers of loans under the William D. Ford Federal Direct Loan Program (Direct Loan Program). States also impose disclosure requirements on loan servicers with respect to loans made under title IV of the Higher Education Act of 1965, as amended (HEA). Finally, State regulations impact Federal Family Education Loan (FFEL) Program servicing. The Department believes such regulation is preempted by Federal law. The Department issues this notice to clarify further the Federal interests in this area. DATES: March 12, 2018. FOR FURTHER INFORMATION CONTACT: Kathleen Smith, Deputy Chief Operating Officer, U.S. Department of Education, Federal Student Aid, 830 First Street NE, Union Center Plaza, Washington, DC 20202-5453. Telephone: (202) 377-4533 or via email: ED.NoticeResponse@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll free, at 1-800-877-8339.