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Subject: Federal Preemption and State Regulation of the Department of Education's Federal Student Loan Programs and Federal Student Loan Servicers

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]

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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.

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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.