American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund (rule, 86 FR 21195, April 22, 2021)
Summary
Federal Register pages from Thursday, April 22, 2021 (86 FR 21195) carrying the Department of Education's interim final requirements for the American Rescue Plan Elementary and Secondary School Emergency Relief (ARP ESSER) Fund. The Fund provides a total of nearly $122 billion to SEAs and LEAs to help safely reopen schools. The requirements, effective on publication with comments due May 24, 2021, make each SEA consult stakeholders on its plan and each LEA develop a plan for the safe return to in-person instruction. An SEA must allocate at least 90 percent of its grant to its LEAs and reserve at least 5 percent for lost instructional time and at least 1 percent for summer enrichment. The pages open with the end of a higher education relief rule signed by Miguel Cardona, Secretary of Education, which treats an endowment under $1,000,000 as $1,000,000.
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Cite this document
“American Rescue Plan Act Elementary and Secondary School Emergency Relief Fund (rule, 86 FR 21195, April 22, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/american-rescue-plan-act-elementary-and-secondary-school-emergency-rel-1793154c0f/
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21195
List of Subjects in 34 CFR Part 677 requirements for the American Rescue Jung, U.S. Department of Education, 400
Colleges and universities, Grant Plan Elementary and Secondary School Maryland Avenue SW, Room 3W113,
programs-education, Reporting and Emergency Relief (‘‘ARP ESSER’’) Fund, Washington, DC 20202.
recordkeeping requirements. under section 2001 of the American Privacy Note: The Department’s policy is
Rescue Plan (‘‘ARP’’) Act of 2021. These to make comments received from members of
Miguel Cardona, requirements are intended to promote the public available for public viewing on the
Secretary of Education. accountability, transparency, and the Federal eRulemaking Portal at
effective use of funds by: Ensuring that www.regulations.gov. Therefore, commenters
■ For the reasons discussed in the should include in their comments only
each State educational agency (‘‘SEA’’)
preamble, the Secretary adds part 677 to information that they wish to make publicly
meaningfully engages in stakeholder
title 34 of the Code of Federal available.
consultation and takes public input into
Regulations to read as follows:
account in the development of its ARP FOR FURTHER INFORMATION CONTACT: Britt
PART 677—HIGHER EDUCATION ESSER plan; ensuring that each local Jung, U.S. Department of Education, 400
EMERGENCY RELIEF FUND educational agency (‘‘LEA’’) develops a Maryland Avenue SW, Room 3W113,
PROGRAMS plan for the use of its ARP ESSER funds Washington, DC 20202. Telephone:
and engages in meaningful consultation (202) 453–5563. Email: ESSERF@ed.gov.
Subpart A—Provisions Related to and seeks public input as it develops
Historically Black Colleges and Universities If you use a telecommunications
the LEA ARP ESSER plan; and
device for the deaf (‘‘TDD’’) or a text
Sec. clarifying how an LEA must meet the
677.1 Calculations.
telephone (‘‘TTY’’), call the Federal
statutory requirement to develop a plan
677.2 [Reserved] Relay Service (‘‘FRS’’), toll free, at 1–
for the safe return to in-person
800–877–8339.
Subpart B—Reserved instruction and continuity of services.
DATES: Effective date: These interim SUPPLEMENTARY INFORMATION: Invitation
Authority: 20 U.S.C. 1221e–3; section final requirements are effective April 22, to Comment: Although the Department
314(a)(2), Pub. L. 116–260, Division M, 134 has decided to issue these interim final
2021.
Stat. 1182. requirements without first publishing
Comment due date: We must receive
your comments on or before May 24, proposed requirements for public
Subpart A—Provisions Related to comment, we are interested in whether
Historically Black Colleges and 2021.
you think we should make any changes
Universities ADDRESSES: Submit your comments
in these requirements. We invite your
through the Federal eRulemaking Portal comments. We will consider these
§ 677.1 Calculations.
or by postal mail, commercial delivery, comments in determining whether to
For the purpose of calculating or hand delivery. We will not accept
allocations under section revise the requirements.
comments submitted by fax or by email
314(a)(2)(A)(iii) of the Coronavirus To ensure that your comments may be
or those submitted after the comment
Response and Relief Supplemental most effectively considered, we urge
period. To ensure that we do not receive
Appropriations Act, 2021 (division M of you to clearly identify the specific
duplicate copies, please submit your
Pub. L. 116–260, December 27, 2020), an section or sections of the interim final
comments only once. In addition, please
institution that has a total endowment requirements that each comment
include the Docket ID at the top of your
of less than $1,000,000, including an addresses and to arrange your comments
comments.
institution that does not have an If you are submitting comments in the same order as the interim final
endowment, will be treated by the electronically, we strongly encourage requirements.
Secretary as having a total endowment you to submit any comments or We invite you to assist us in
of $1,000,000. attachments in Microsoft Word format. complying with the specific
If you must submit a comment in Adobe requirements of Executive Orders 12866
§ 677.2 [Reserved] and 13563 and their overall requirement
Portable Document Format (PDF), we
strongly encourage you to convert the of reducing regulatory burden that
Subpart B—Reserved
PDF to print-to-PDF format or to use might result from these interim final
[FR Doc. 2021–08379 Filed 4–21–21; 8:45 am] some other commonly used searchable requirements. Please let us know of any
text format. Please do not submit the further ways by which we could reduce
BILLING CODE 4000–01–P
PDF in a scanned format. Using a print- potential costs or increase potential
to-PDF format allows the Department to benefits while preserving the effective
DEPARTMENT OF EDUCATION electronically search and copy certain and efficient administration of the
portions of your submissions. Department’s programs and activities.
34 CFR Chapter II • Federal eRulemaking Portal: Go to During and after the comment period,
[Docket ID ED–2021–OESE–0061] www.regulations.gov to submit your you may inspect all public comments
comments electronically. Information about these interim final requirements
RIN 1810–AB64 on using regulations.gov, including by accessing www.regulations.gov. Due
instructions for accessing agency to the current COVID–19 public health
American Rescue Plan Act Elementary documents, submitting comments, and emergency, the Department buildings
and Secondary School Emergency viewing the docket, is available on the are not open to the public. However,
Relief Fund site under ‘‘FAQ.’’ upon reopening, you may also inspect
AGENCY: Office of Elementary and • Postal Mail, Commercial Delivery, the comments in person at 400
Secondary Education, Department of or Hand Delivery: The Department Maryland Avenue SW, Washington, DC
Education. strongly encourages commenters to 20202, between 8:30 a.m. and 4:00 p.m.,
ACTION: Interim final requirements. submit their comments electronically. Eastern Time, Monday through Friday
However, if you mail or deliver your of each week except Federal holidays.
SUMMARY: The Department of Education comments about the interim final To schedule a time to inspect
(‘‘Department’’) establishes interim final requirements, address them to: Britt comments, please contact the person
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21196 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
listed under FOR FURTHER INFORMATION to be learning in person as of February.1 instructional time; 5 at least 1 percent
CONTACT. Many of the most disadvantaged for the implementation of evidence-
Assistance to Individuals with students have frequently encountered based summer enrichment programs;
Disabilities in Reviewing the barriers to accessing virtual learning.2 and at least 1 percent for the
Rulemaking Record: On request, we will Students across virtual and in-person implementation of evidence-based
provide an appropriate accommodation settings are facing significant academic, comprehensive afterschool programs.6
or auxiliary aid to an individual with a social, emotional, and mental health Each of these reservations requires that
disability who needs assistance to challenges as a result of the interrupted the SEA use evidence-based
review the comments or other education and the trauma caused by the interventions that respond to the
documents in the public rulemaking COVID–19 pandemic. academic, social, emotional, and mental
record for these interim final health needs of students, particularly
In recognition of the immense
requirements. To schedule an groups of students disproportionately
challenges facing students, educators,
appointment for this type of impacted by the pandemic.7 The SEA
staff, schools, LEAs, and SEAs right
accommodation or auxiliary aid, please may reserve no more than half of 1
contact the person listed under FOR now, Congress has made emergency percent of its total ARP ESSER
FURTHER INFORMATION CONTACT.
funds available to SEAs and LEAs to allocation for administrative costs.8 The
Purpose of Program: The ARP ESSER prevent, prepare for, and respond to SEA may use any remaining funds for
Fund provides a total of nearly $122 COVID–19, first through the emergency needs as determined by the
billion to SEAs and LEAs to help safely Coronavirus Aid, Relief, and Economic SEA to address issues responding to
reopen and sustain the safe operation of Security (‘‘CARES’’) Act, Public Law COVID–19.9
schools and address the impacts of the 116–136, div. B, tit. VIII, section 18003, An LEA may use its ARP ESSER
coronavirus disease 2019 (‘‘COVID–19’’) enacted on March 27, 2020; next funds for a wide variety of activities
pandemic on the Nation’s students by through the Coronavirus Response and related to educating students during the
addressing students’ academic, social, Relief Supplemental Appropriations COVID–19 pandemic and addressing the
emotional, and mental health needs. (CRRSA) Act, 2021, Public Law 116– impacts of the COVID–19 pandemic on
Program Authority: The American 260, section 313, enacted on December students and educators. For example, an
Rescue Plan Act of 2021, Public Law 27, 2020; and, most recently and LEA may use the ARP ESSER funds to
117–2, March 11, 2021. significantly, through the ARP Act, maintain the health and safety of
Background: In early 2020, COVID–19 Public Law 117–2, section 2001, enacted students and school staff as they return
swept through the world, resulting in on March 11, 2021. to in-person instruction (e.g., adopting
major upheaval to all aspects of life. In The ARP Act provides a total of policies consistent with guidance on
the United States, this resulted in nearly $122 billion via the ARP ESSER reopening schools from the Centers for
unprecedented school closures in the Fund to SEAs and LEAs to help schools Disease Control and Prevention
spring of 2020. For tens of millions of return safely to in-person instruction, (‘‘CDC’’), available at https://
students, learning was abruptly maximize in-person instructional time, www.cdc.gov/coronavirus/2019-ncov/
interrupted. For many students who sustain the safe operation of schools, community/schools-childcare/
were already facing limited educational and address the academic, social, operation-strategy.html, including
opportunities and disengagement— emotional, and mental health impacts of universal and correct wearing of masks;
including students from low-income the COVID–19 pandemic on the modifying facilities to allow for physical
families, students of color, English Nation’s students. ARP ESSER provides distancing (e.g., use of cohorts/
learners, children with disabilities, funds to each SEA in the same podding); handwashing and respiratory
students experiencing homelessness, proportion as each State received under etiquette; cleaning and maintaining
children in foster care, migratory part A of title I of the Elementary and healthy facilities, including improving
students, children who are incarcerated, Secondary Education Act of 1965 ventilation; contact tracing in
and other underserved students—losing (‘‘ESEA’’) in fiscal year 2020.3 An SEA combination with isolation and
access to reliable in-person instruction must allocate at least 90 percent of its quarantine, in collaboration with the
and the many supports schools can ARP ESSER grant funds to its LEAs State, local, territorial, or Tribal health
provide has led to significant (including charter schools that are departments; diagnostic and screening
challenges. LEAs) in the State in the same testing; efforts to provide vaccinations
Since spring of 2020, the proportion that the LEAs received under to school communities; appropriate
opportunities for students to learn have part A of title I of the ESEA in fiscal year accommodations for children with
varied significantly across the country. 2020.4 Each SEA is required to reserve disabilities with respect to health and
Some schools have remained fully at least 5 percent of its total ARP ESSER safety policies; and coordination with
virtual and still have not physically funds to carry out activities to address State and local health officials). The
reopened, while others have been the academic impact of lost Department released related resources to
providing in-person instruction for assist schools in safely reopening for in-
months. Many schools are providing a 1 NAEP 2021 School Survey, released by the
person learning as part of the ED
hybrid approach, with virtual Department of Education Institute of Education COVID–19 Handbook. Volume 1 of the
instruction for a portion of the school Sciences (March 24, 2021), available at https:// ED COVID–19 Handbook is available at
week, and in-person instruction for the nces.ed.gov/nationsreportcard/about/covid19.aspx. https://www2.ed.gov/documents/
2 Korman, H., O’Keefe, B., Repka, M., (2020, Oct.
remainder of the week. As the initial coronavirus/reopening.pdf. Most
21). Missing in the Margins: Estimating the Scale of
2021 National Assessment of the COVID–19 Attendance Crisis. Bellweather
Educational Progress (‘‘NAEP’’) School Education Partners. Retrieved from: https://
5 ‘‘Academic impact of lost instructional time’’
Survey revealed, there are significant bellwethereducation.org/publication/missing- has the same meaning as ‘‘learning loss,’’ which is
margins-estimating-scale-covid-19-attendance- the term that is used in the ARP Act.
disparities in both access to and 6 Section 2001(f)(1)–(3) of the ARP Act.
crisis#Why%20aren’t%20students%20attending
enrollment in in-person instruction %20school?. 7 Id.
across the country, with white students 3 Section 2001(c) of the ARP Act. 8 Section 2001(f)(4) of the ARP Act.
much more likely than students of color 4 Section 2001(d)(1) of the ARP Act. 9 Id.
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21197
recently, the Department released requiring that the SEA develop and To facilitate consultation on an SEA’s
Volume 2 of the ED COVID–19 submit an ARP ESSER plan that ARP ESSER plan and ongoing
Handbook to assist schools in describes, among other things, the communication with the public, under
addressing critical student needs. current education needs within the the requirement, an SEA must also make
Volume 2 of the ED COVID–19 State, the SEA’s intended uses of ARP information publicly available on its
Handbook is available at https:// ESSER funds, and the plans for website as soon as possible but no later
www2.ed.gov/documents/coronavirus/ supporting LEAs in their planning for than June 21, 2021, and regularly
reopening-2.pdf. and use of ARP ESSER funds. provide updated available information
An LEA may also use the ARP ESSER As described in more detail below, on its website, on the numbers of
funds to address the academic, social, the Secretary is establishing interim schools in the State providing each
emotional, and mental health needs of final requirements for ARP ESSER mode of instruction (i.e., fully remote or
its students by, for example, hiring related to SEA consultation, LEA ARP online-only instruction, both remote/
additional personnel such as school ESSER plans, and the statutory online instruction and in-person
counselors, psychologists, and nurses requirement that LEAs receiving ARP instruction (hybrid model), and full-
and implementing strategies to ESSER funds develop plans for the safe time in-person instruction). The SEA
accelerate learning and to make return to in-person instruction and must also make publicly available
investments in teaching and learning continuity of services. student enrollment data and, to the
that will result in lasting improvements SEA Consultation with Stakeholders; extent available, student attendance
in the LEA. An LEA may also use the Public Input Statute: Under 20 U.S.C. data for all students and disaggregated
funds for activities that are necessary to 1231g, unless otherwise limited by law, by students from low-income families,
maintain the operation of services in the Secretary is authorized to require students from each racial and ethnic
LEAs, for example, to stabilize the the submission of applications for group, gender, English learners,
workforce and avoid layoffs. In assistance under any applicable children with disabilities, children
December 2020, the Bureau of Labor program. ‘‘Applicable program’’ is experiencing homelessness, children in
Statistics reported an 8.6 percent defined in 20 U.S.C. 1221(c)(1) as any foster care, and migratory students for
decline in the local government program for which the Department has each mode of instruction.
education workforce over the previous administrative responsibility, which Reasons: As explained in the
12 months, to its smallest size for the includes ARP ESSER. Title VIII of background text above, the ARP ESSER
same month since 1999.10 Division B of the CARES Act directs the program provides significant resources
In addition to the wide range of Department to carry out the Education to SEAs and LEAs to respond to the
allowable uses of ARP ESSER funds, an Stabilization Fund, of which the ARP educational disruptions caused by the
LEA that receives ARP ESSER funds ESSER funds are a part. Section 2001 of COVID–19 pandemic. Given the
must reserve at least 20 percent of the the ARP Act provides for the unprecedented funding available and
funds to measure and address the Department to make grants to each SEA the widespread impacts of the COVID–
academic impact of lost instructional from the ARP ESSER funds. Under 20 19 pandemic, ARP ESSER funding
time on all students, through the U.S.C. 1221e–3, the Secretary has the presents a unique opportunity not only
implementation of evidence-based authority to promulgate rules governing to help students and educators
interventions, such as interventions the programs administered by the overcome the trauma and the loss of
implemented through summer learning Department. instructional time that they may have
or summer enrichment, extended day, Interim Final Requirement: Under this experienced, but also to make
comprehensive afterschool programs, or requirement, an SEA must engage in investments in student achievement and
extended school year programs. The meaningful consultation with various success. With strategic investment, ARP
LEA must also ensure that such stakeholder groups on its ARP ESSER ESSER funding can build the capacity of
interventions respond to students’ plan and give the public an opportunity States, LEAs, and schools to sustain
academic, social, emotional, and mental to provide input on the development of meaningful and effective teaching and
health needs and address the impact of the plan and take such input into learning and address the needs of
the COVID–19 pandemic on groups of account.Specifically, an SEA is required underserved students. Taking full
students disproportionately impacted by to consult with students; families; advantage of this opportunity is
the pandemic.11 Tribes (if applicable); civil rights consistent with the President’s
On March 24, 2021, the Department organizations (including disability determination to ‘‘build back better’’ in
made available two thirds of each SEA’s rights organizations); school and district response to the COVID–19 pandemic.
ARP ESSER allocation to support administrators (including special We believe diverse stakeholders will
ongoing efforts to reopen schools safely education administrators); have significant insight into the effects
for in-person learning, keep schools superintendents; charter school leaders of the COVID–19 pandemic on teaching
safely open once students are back, and (if applicable); teachers, principals, and learning that will be critical to
address the academic, social, emotional, school leaders, other educators, school informing an SEA’s plan for ARP
and mental health needs of all students. staff, and their unions; and stakeholders ESSER, including how it will use its
To receive the remaining third of an representing the interests of children ARP ESSER funds, support LEAs in the
SEA’s ARP ESSER allocation and to with disabilities, English learners, use of their ARP ESSER funds, and
comply with the terms and conditions children experiencing homelessness, evaluate the effectiveness of ARP
of the ARP ESSER funds the SEA has children in foster care, migratory ESSER. For that reason, under the
already received, the Department is students, children who are incarcerated, requirement, an SEA must engage with
and other underserved students in the students; families; Tribes (if applicable);
10 Bureau of Labor Statistics. (2021). Employment, development of its ARP ESSER plan. civil rights organizations (including
Hours, and Earnings from the Current Employment Under the requirement, an SEA must disability rights organizations); school
Statistics survey (National) for all employees, local also provide the public with the and district administrators (including
government education, seasonally adjusted. Data
extracted on April 1, 2021. https://beta.bls.gov/ opportunity to provide input in the special education administrators);
dataViewer/view/timeseries/CES9093161101. development of the plan and take such superintendents; charter school leaders
11 Section 2001(e)(1) of the ARP Act. input into account. (if applicable); teachers, principals,
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21198 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
school leaders, other educators, school of LEAs’ funds. Under 20 U.S.C. 1221e– served by the LEA: Tribes; civil rights
staff, and their unions; and stakeholders 3, the Secretary has the authority to organizations (including disability
representing the interests of children promulgate rules governing the rights organizations); and stakeholders
with disabilities, English learners, programs administered by the representing the interests of children
children experiencing homelessness, Department. with disabilities, English learners,
children in foster care, migratory Interim Final Requirement: Under this children experiencing homelessness,
students, children who are incarcerated, requirement, each LEA that receives children in foster care, migratory
and other underserved students in the ARP ESSER funds must develop, submit students, children who are incarcerated,
development of the SEA’s ARP ESSER to the SEA on a reasonable timeline and other underserved students.
plan. The SEA must also provide the determined by the SEA, and make Finally, under the requirement, each
general public with the opportunity to publicly available on the LEA’s website, LEA’s ARP ESSER plan must be: In an
provide input (e.g., by requesting input a plan for the LEA’s use of ARP ESSER understandable and uniform format; to
on its website) and must take the public funds. The plan, and any revisions to the extent practicable, written in a
input it receives into account. By the plan submitted consistent with language that parents can understand or,
seeking input from these diverse procedures established by the SEA, if not practicable, orally translated; and,
stakeholders and the general public, an must include at a minimum a upon request by a parent who is an
SEA will be better positioned to fully description of— individual with a disability, provided in
understand and adequately respond to (1) The extent to which and how the an alternative format accessible to that
the education needs in the State and the funds will be used to implement parent.
impact of the COVID–19 pandemic on prevention and mitigation strategies that Reasons:
all students, and particularly the groups are, to the greatest extent practicable, LEA ARP ESSER Plan—
of students most significantly impacted consistent with the most recent CDC Under the ARP ESSER program, LEAs
by the COVID–19 pandemic. The SEA guidance on reopening schools, in order are receiving significant resources to
will also be better positioned to make to continuously and safely open and respond to student and educator needs
critical investments not just to recover, operate schools for in-person learning; as schools continue to safely reopen.
but also to implement and improve (2) How the LEA will use the funds LEA plans are necessary to ensure
effective approaches for teaching and it reserves under section 2001(e)(1) of transparency and accountability for use
learning that accelerate student learning the ARP Act to address the academic of the funds. As discussed in more
outcomes and address the needs of impact of lost instructional time through detail below, the public and in
underserved students most impacted by the implementation of evidence-based particular students, their families, and
the COVID–19 pandemic. interventions, such as summer learning educators, have a vested interest in
The requirement that the SEA make or summer enrichment, extended day, understanding an LEA’s priorities and
information publicly available on its comprehensive afterschool programs, or plans for the funds and whether and
website about the number of schools extended school year; how the LEA will use the funds to
offering fully remote or online-only (3) How the LEA will spend its address their students’ academic, social,
instruction, both remote/online remaining ARP ESSER funds consistent emotional, and mental health needs.
instruction and in-person instruction with section 2001(e)(2) of the ARP Act; Requiring the development and posting
(hybrid), and full-time in-person and of the LEA’s plan will result in
instruction is an important initial step (4) How the LEA will ensure that the important transparency.
toward transparency and understanding interventions it implements, including Additionally, ARP ESSER provides
of the continued impact of the but not limited to the interventions significant federal resources to respond
pandemic on learning and teaching. implemented under section 2001(e)(1) to the COVID–19 pandemic that, for
Disaggregated enrollment and, if of the ARP Act to address the academic some LEAs, comprise millions of dollars
available, attendance data will allow the impact of lost instructional time, will of emergency funding. Requiring each
public to provide more informed input respond to the academic, social, LEA to develop a plan for the use of
on the SEA’s ARP ESSER plan and emotional, and mental health needs of those funds will provide a mechanism
initial approaches for targeting of all students, and particularly those for SEAs and the Department to ensure
federal resources to address the impact students disproportionately impacted by that the ARP ESSER funds are being
of interrupted instruction and the needs the COVID–19 pandemic, including used consistent with statutory
of students and teachers. students from low-income families, requirements and to meet the needs of
students of color, English learners, schools, students, and educators, in
LEA ARP ESSER Plans children with disabilities, students particular those students most impacted
Statute: Title VIII of Division B of the experiencing homelessness, children in by the COVID–19 pandemic.
CARES Act directs the Department to foster care, and migratory students. The minimum requirements for the
carry out the Education Stabilization Under this requirement, an LEA must ARP ESSER plans ensure that LEAs are
Fund, of which the ARP ESSER funds engage in meaningful consultation with using ARP ESSER funds for their
are a part. Section 2001 of the ARP Act stakeholders and give the public an intended purposes, including whether
provides for the Department to make opportunity to provide input in the and how they will use the funds
grants to each SEA from the ARP ESSER development of its plan. Specifically, an specifically for COVID–19 prevention
funds. An SEA must allocate at least 90 LEA must engage in meaningful and mitigation strategies, how the funds
percent of its ARP ESSER grant funds to consultation with students; families; will be used to address the academic
its LEAs (including charter schools that school and district administrators impact of lost instructional time through
are LEAs) in the State in the same (including special education the implementation of evidence-based
proportion that the LEAs received under administrators); and teachers, interventions, consistent with the
part A of title I of the ESEA in Fiscal principals, school leaders, other requirement in section 2001(e)(1) of the
Year 2020, as required by section educators, school staff, and their unions. ARP Act that each LEA reserve at least
2001(d)(1) of the ARP Act; and section Additionally, an LEA must engage in 20 percent of its ARP ESSER funds for
2001(e) of the ARP Act prescribes meaningful consultation with each of that purpose, and how the LEA will
certain mandatory and permissive uses the following, to the extent present in or ensure that those interventions respond
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21199
to the academic, social, emotional, and As students and teachers continue to instructional time that LEAs are
mental health needs of all students and return to full-time in-person education, required to address with at least 20
particularly those students they will have important insights into percent of their ARP ESSER funds. For
disproportionately impacted by the how schools should approach all of these reasons, through this
COVID–19 pandemic. Given the unique prevention and mitigation of COVID–19, consultation, LEAs will be better
circumstances in each State, we believe and into what may be needed to support positioned to fully plan to use ARP
each SEA is best situated to determine student success. For this reason, in ESSER funds to adequately respond to
what additional requirements to include developing their ARP ESSER plans, the needs of all students, particularly
in the LEA ARP ESSER plan. For LEAs will be required to meaningfully those most impacted by the COVID–19
example, an SEA might require that the consult with students; families; school pandemic.
LEA ARP ESSER plan include data that and district administrators (including
illustrates the LEA’s most pressing special education administrators); and LEA ARP ESSER Plan Accessibility
needs or descriptions of promising teachers, principals, school leaders, The requirement also mandates that
practices that the LEA has implemented other educators, school staff, and their LEA ARP ESSER plans be accessible,
to accelerate learning. The SEA might unions. Additionally, an LEA is also including to parents with limited
also require that the LEA’s ARP ESSER required to engage in meaningful English proficiency and individuals
plan contain the information required in consultation with each of the following, with a disability. This requirement is
the LEA’s plan for the safe return to in- to the extent present in or served by the intended to help ensure that all parents,
person instruction and continuity of LEA: Tribes; civil rights organizations including parents with limited English
services, in which case the LEA may (including disability rights proficiency or individuals with
develop one plan that addresses both organizations); and stakeholders disabilities, are able to access and
sets of requirements rather than two representing the interests of children understand the information in an LEA’s
separate plans (i.e., one plan that with disabilities, English learners, ARP ESSER plan, consistent with the
addresses use of ARP ESSER funds and children experiencing homelessness, Department’s interpretation of Title VI
the safe return to in-person instruction children in foster care, migratory of the Civil Rights Act of 1964 and
and continuity of services). The SEA students, children who are incarcerated, existing obligations to parents with
also establishes the deadline by which and other underserved students. An disabilities under the Americans with
the LEA must submit its ARP ESSER LEA’s decisions about how to use its Disabilities Act (ADA).
plan, which must be reasonable and ARP ESSER funds will directly impact
should be within no later than 90 days the students, families, and stakeholders LEA Plan for Safe Return to In-Person
after receiving its ARP ESSER in their school district, and thus the Instruction and Continuity of Services
allocation. LEA’s plans must be tailored to the Statute: Section 2001(i)(1) of the ARP
specific needs faced by students and Act requires each LEA that receives ARP
LEA ARP ESSER Plan Meaningful
schools within the district. These ESSER funds to develop and make
Consultation
diverse stakeholders will have publicly available on the LEA’s website,
COVID–19 has had a dramatic impact significant insight into what prevention
on the Nation’s education system. In not later than 30 days after receiving
and mitigation strategies should be ARP ESSER funds, a plan for the safe
addition to disrupting teaching and pursued to keep students and staff safe,
learning, it has exacerbated existing return to in-person instruction and
as well as how the various COVID–19 continuity of services for all schools,
inequities in our schools and school prevention and mitigation strategies
districts. Every aspect of student life has including those that have already
impact teaching, learning, and day-to-
been impacted by the COVID–19 returned to in-person instruction.
day school experiences.
pandemic: Students’ classes and courses With regard to addressing the Section 2001(i)(2) of the ARP Act
of study have been interrupted and/or academic, social, emotional, and mental further requires that the LEA seek
delayed and students’ social, emotional, health needs of all students, particularly public comment on the plan and take
and mental health have been negatively those most impacted by the pandemic, those comments into account in the
impacted by the isolation and anxiety of we believe that it is critical that LEAs development of the plan. Finally,
living through a pandemic and solicit and consider the input of section 2001(i)(3) of the ARP Act states
quarantine along with the additional students and their families to identify that an LEA that developed a plan for
associated stresses placed on their their most pressing needs. Close the safe return to in-person instruction
families.12 coordination with Tribes is critical to and continuity of services prior to the
effective support for Native American date of enactment of the ARP Act will
12 See Korman, H., O’Keefe, B., & Repka, M.,
students, so LEAs need to consult be deemed to have met the requirement
(2020, Oct. 21). Missing in the Margins: Estimating Tribes, as applicable. In addition, the to develop a plan under section
the Scale of the Covid-19 Attendance Crisis. 2001(i)(1) as long as the plan meets the
Bellweather Education Partners. Retrieved from: Department understands educators and
https://bellwethereducation.org/publication/ students’ families will have important statutory requirements (i.e., is publicly
missing-margins-estimating-scale-covid-19- insights into and observations of available on the LEA’s website and was
attendance-crisis#Why%20aren’t%20students students’ academic, social, emotional, developed after the LEA sought and
%20attending%20school?; Sparks, S., (2020, Nov. took into account public comment).
12) Children’s Mental Health Emergencies and mental health needs garnered from
Skyrocketed After COVID–19 Hit. What Schools their experiences during the COVID–19 Interim Final Requirement: As
Can Do, Education Week. Retrieved from: https:// pandemic. Stakeholders will similarly described in more detail below, this
www.edweek.org/leadership/childrens-mental- have critical insights into how best to requirement clarifies what an LEA’s
health-emergencies-skyrocketed-after-covid-19-hit-
what-schools-can-do/2020/11; Dorn, E., Hanckock, address the academic impact of lost plan for the safe return to in-person
B., Sarakatsannis, J., & Viruleg, E. (2020). COVID– instruction and continuity of services
19 and Learning Loss—Disparities Grow and Learning During COVID–19: Initial Findings on must address and requires periodic
Students Need Help. https://www.mckinsey.com/ Students’ Reading and Math Achievement and review and, when needed, revision of
industries/public-and-social-sector/our-insights/ Growth. NWEA. Retrieved from: https://
covid-19-and-learning-loss-disparities-grow-and- www.nwea.org/research/publication/learning-
the plan to ensure it remains relevant
students-need-help#; Kuhfeld, M., Tarasawa, B., during-covid-19-initial-findings-on-students- and meets statutory and regulatory
Johnson, A., Ruzek, E., & Lewis, K. (2020, Nov.). reading-and-math-achievement-and-growth/. requirements.
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21200 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
First, the requirement clarifies that an safety recommendations at the time the safe reopening of schools.15 The
LEA’s plan must include how it will LEA is revising its plan, each of the requirement does not mandate that an
maintain the health and safety of updated safety recommendations. The LEA adopt the CDC guidance, but only
students, educators, and other school requirement also clarifies that an LEA requires that the LEA describe in its
and LEA staff, and the extent to which that developed a plan prior to plan the extent to which it has adopted
it has adopted policies, and a enactment of the ARP Act that meets the the key prevention and mitigation
description of any such policies, on requirements under section 2001(i)(1) strategies identified in the guidance.
each of the CDC’s safety and (2) of the ARP Act but does not The requirement also ensures that each
recommendations including: Universal address each of the required aspects of plan will specifically address how it
and correct wearing of masks; modifying safety established in this requirement will continue to provide services that
facilities to allow for physical must, as part of the required periodic meet student and staff needs. Section
distancing (e.g., use of cohorts/ review, revise its plan consistent with 2001(i) of the ARP Act requires that the
podding); handwashing and respiratory these requirements no later than six plan address ‘‘continuity of services,’’
etiquette; cleaning and maintaining months after it last reviewed its plan. but does not specifically identify those
healthy facilities, including improving Fourth, under the requirement, the services. The requirement clarifies that,
ventilation; contact tracing in plans must be: In an understandable and in addition to meeting academic needs,
combination with isolation and uniform format; to the extent the plan must also address how the LEA
quarantine, in collaboration with the practicable, written in a language that will continue to provide services to
State, local, territorial, or Tribal health parents can understand or, if not meet students’ academic needs and
departments; diagnostic and screening practicable, orally translated; and upon students’ and staff social, emotional,
testing; efforts to provide vaccinations request by a parent who is an individual mental health, and other needs through,
to school communities; appropriate with a disability, provided in an for example, continuing to provide
accommodations for children with students meals and access to medical
alternative format accessible to that
disabilities with respect to health and services. According to the National
parent.
safety policies; and coordination with School Lunch Program, before COVID–
State and local health officials. Reasons: The statutory requirements 19, schools provided free or reduced-
Second, the requirement further for each LEA to develop a plan for the priced lunches to approximately 22
clarifies that the plan must describe safe return to in-person instruction and million students each day.16 This is just
how the LEA will ensure continuity of continuity of services, to seek and one example of the many essential
services, including but not limited to incorporate public comment on the services that schools provide. For this
services to address students’ academic plan, and to make the plan publicly reason, the requirement ensures that
needs and students’ and staff social, available are important for planning and each LEA separately addresses
emotional, mental health and other transparency as LEAs work to return to, continuity of services as a discrete
needs, which may include student or continue, the safe operation of in- prong of the plan.
health and food services. person instruction. However, the statute The statute does not explicitly specify
Third, the requirement provides that, does not explicitly define what it means when or how often an LEA’s plan must
during the period of the ARP ESSER for a plan to provide for a safe return to be reviewed and revised. To help an
award established in section 2001(a) of and continuity of in-person instruction. LEA adapt to the constantly evolving
the ARP Act (i.e., until September 30, Because safe return to and continuity status of the COVID–19 pandemic, the
2023),13 an LEA must periodically, but of in-person instruction is fundamental requirement mandates that, during the
no less frequently than every six to addressing the lost instructional time period of the grant, an LEA review its
months, review and, as appropriate, and disengagement that many students plan at least every six months (taking
revise its plan. Consistent with section have experienced during the COVID–19 into consideration the timing of
2001(i)(2) of the ARP Act, which pandemic, it is essential that these plans significant changes to CDC guidance on
requires an LEA to seek public comment contain precise information about how reopening schools), and seek public
on the development of its plan, an LEA LEAs will focus on prevention and input in determining whether, and
must seek public input and take such mitigation of COVID–19 specific to their what, revisions are necessary. The
input into account in determining communities, in order to keep students, requirements also make clear that a
whether to revise its plan and, if it staff, and families healthy and to avoid revised plan must continue to address
determines revisions are necessary, on future shutdowns. To ensure that each safety recommendations from the CDC,
the revisions it makes to its plan, i.e., plan contains a sufficient level of which must include updated CDC
the LEA must seek public input on specificity, the requirement sets forth guidance, to ensure that the plans
whether to revise its plan and on any several aspects of safety that each LEA continue to provide useful information
revisions to its plan no less frequently plan must address.14 These elements are that addresses the most up-to-date
than every six months (taking into consistent with current, relevant research on COVID–19 prevention and
consideration the timing of significant guidance from the CDC related to the mitigation. This requirement will also
changes to CDC guidance on reopening ensure that an LEA that developed a
schools). The requirement clarifies that, 14 As described above, each plan must address:
safe return to in-person instruction and
if the LEA revises its plan, the revised Universal and correct wearing of masks; modifying continuity of services plan prior to
plan must address each of the aspects of facilities to allow for physical distancing (e.g., use enactment of the ARP Act and the
safety currently recommended by the of cohorts/podding); handwashing and respiratory requirement will, at least within six
etiquette; cleaning and maintaining healthy
CDC or, if the CDC has updated its facilities, including improving ventilation; contact
months of receipt of its grant, revise, as
tracing in combination with isolation and
13 ARP ESSER funds are subject to the Tydings 15 https://www.cdc.gov/coronavirus/2019-ncov/
quarantine, in collaboration with the State, local,
amendment in section 421(b) of the General territorial, or Tribal health departments; diagnostic community/schools-childcare/operation-
Education Provisions Act, 20 U.S.C. 1225(b), and and screening testing; efforts to provide strategy.html.
are therefore available to SEAs and LEAs for vaccinations to school communities; appropriate 16 ED COVID–19 Handbook Vol. 2, Roadmap to
obligation through September 30, 2024. Review and accommodations for children with disabilities with Reopening Safely and Meeting All Students’ Needs,
revisions, if necessary, are not required during the respect to health and safety policies; and page 8, available at: https://www2.ed.gov/
Tydings period. coordination with State and local health officials. documents/coronavirus/reopening-2.pdf.
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21201
necessary, and post its plan so that it (a) Each LEA that receives ARP children experiencing homelessness,
addresses all of the safety ESSER funds must submit to the SEA, children in foster care, migratory
recommendations included in the in such manner and within a reasonable students, children who are incarcerated,
requirement. timeline as determined by the SEA, a and other underserved students; and
The rationale for requiring that LEA plan that contains any information (ii) Provide the public the opportunity
plans for the safe return to in-person reasonably required by the SEA. The to provide input and take such input
instruction and continuity of services be plan, and any revisions to the plan into account.
accessible, including to parents with submitted consistent with procedures (c) An LEA’s ARP ESSER plan must
limited English proficiency and established by the SEA, must describe— be—
individuals with disabilities, is (i) The extent to which and how the (i) In an understandable and uniform
described above with respect to the funds will be used to implement format;
same requirement as it applies to LEA prevention and mitigation strategies that (ii) To the extent practicable, written
ARP ESSER plans. are, to the greatest extent practicable, in a language that parents can
Interim Final Requirements: The consistent with the most recent CDC understand or, if it is not practicable to
Secretary establishes the following guidance on reopening schools, in order provide written translations to a parent
interim final requirements for the ARP to continuously and safely open and with limited English proficiency, be
ESSER Fund. operate schools for in-person learning; orally translated for such parent;
(1) SEA Consultation with (ii) How the LEA will use the funds (iii) Upon request by a parent who is
Stakeholders; Public Input. An SEA it reserves under section 2001(e)(1) of an individual with a disability as
receiving ARP ESSER funds must, in the the ARP Act to address the academic defined by the ADA, provided in an
development of its ARP ESSER plan— impact of lost instructional time 17 alternative format accessible to that
(a) Engage in meaningful consultation through the implementation of parent; and
with stakeholders, including, but not evidence-based interventions, such as (iv) Be made publicly available on the
limited to, students; families; Tribes (if summer learning or summer LEA’s website.
applicable); civil rights organizations enrichment, extended day, (3) LEA Plan for Safe Return to In-
(including disability rights comprehensive afterschool programs, or Person Instruction and Continuity of
organizations); school and district extended school year programs; Services.
administrators (including special (iii) How the LEA will spend its (a) An LEA must describe in its plan
education administrators); remaining ARP ESSER funds consistent under section 2001(i)(1) of the ARP Act
superintendents; charter school leaders with section 2001(e) of the ARP Act; for the safe return to in-person
(if applicable); teachers, principals, and instruction and continuity of services—
school leaders, other educators, school (iv) How the LEA will ensure that the (i) how it will maintain the health and
staff, and their unions; and stakeholders interventions it implements,including safety of students, educators, and other
representing the interests of children but not limited to the interventions staff and the extent to which it has
with disabilities, English learners, under section 2001(e)(1) of the ARP Act adopted policies, and a description of
children experiencing homelessness, to address the academic impact of lost any such policies, on each of the
children in foster care, migratory instructional time, will respond to the following safety recommendations
students, children who are incarcerated, academic, social, emotional, and mental established by the CDC:
and other underserved students; health needs of all students, and (A) Universal and correct wearing of
(b) Provide the public the opportunity particularly those students masks.
to provide input and take such input disproportionately impacted by the (B) Modifying facilities to allow for
into account; and COVID–19 pandemic, including physical distancing (e.g., use of cohorts/
(c) To facilitate consultation on its podding).
students from low-income families,
ARP ESSER plan and ongoing (C) Handwashing and respiratory
students of color, English learners,
communication with the public, make etiquette.
children with disabilities, students
information publicly available on its (D) Cleaning and maintaining healthy
experiencing homelessness, children in
website as soon as possible but no later facilities, including improving
foster care, and migratory students.
than June 21, 2021, and regularly ventilation.
(b) In developing its ARP ESSER plan,
provide updated available information (E) Contact tracing in combination
an LEA must—
on its website, on— (i) Engage in meaningful with isolation and quarantine, in
(i) The numbers of schools in the collaboration with the State, local,
consultation—
State providing each mode of territorial, or Tribal health departments.
(A) With stakeholders, including:
instruction (i.e., fully remote or online- (F) Diagnostic and screening testing.
Students; families; school and district
only instruction, both remote/online (G) Efforts to provide vaccinations to
administrators (including special
instruction and in-person instruction school communities.
education administrators); and teachers,
(hybrid model), and full-time in-person (H) Appropriate accommodations for
principals, school leaders, other
instruction); and children with disabilities with respect
(ii) Student enrollment data and, to educators, school staff, and their unions;
to health and safety policies.
the extent available, student attendance and (I) Coordination with State and local
data for all students and disaggregated (B) To the extent present in or served health officials.
by students from low-income families, by the LEA: Tribes; civil rights (ii) how it will ensure continuity of
students from each racial and ethnic organizations (including disability services, including but not limited to
group, gender, English learners, rights organizations); and stakeholders services to address students’ academic
children with disabilities, children representing the interests of children needs and students’ and staff social,
experiencing homelessness, children in with disabilities, English learners, emotional, mental health, and other
foster care, and migratory students for 17 ‘‘Academic impact of lost instructional time’’
needs, which may include student
each mode of instruction listed in has the same meaning as ‘‘learning loss,’’ which is
health and food services.
paragraph (i). the term that is used in section 2001 of the ARP (b)(i) During the period of the ARP
(2) LEA ARP ESSER Plan. Act. ESSER award established in section
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21202 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
2001(a) of the ARP Act, an LEA must needs and support a strong response to (‘‘OMB’’) must determine whether this
regularly, but no less frequently than those needs. In addition, to ensure an regulatory action is ‘‘significant’’ and,
every six months (taking into effective and sustained return to in- therefore, subject to the requirements of
consideration the timing of significant person instruction, it is imperative that the Executive order and subject to
changes to CDC guidance on reopening LEA return to in-person instruction review by OMB. Section 3(f) of
schools), review and, as appropriate, plans address specific areas of safety Executive Order 12866 defines a
revise its plan for the safe return to in- and are adjusted as needed in response significant regulatory action as an action
person instruction and continuity of to evolving COVID–19 pandemic likely to result in a rule that may—
services. circumstances. However, going through (1) Have an annual effect on the
(ii) In determining whether revisions the full rulemaking process would delay economy of $100 million or more, or
are necessary, and in making any an SEA’s ability to submit a plan for its adversely affect a sector of the economy;
revisions, the LEA must seek public remaining ARP ESSER funds, which are productivity; competition; jobs; the
input and take such input into account. emergency funds intended to meet the environment; public health or safety; or
(iii) If at the time the LEA revises its immediate needs of students, educators, State, local, or Tribal governments or
plan the CDC has updated its guidance staff, schools, LEAs, and SEAs. Notice communities in a material way (also
on reopening schools, the revised plan and comment rulemaking would be referred to as ‘‘economically significant’’
must address the extent to which the contrary to the public interest because regulations);
LEA has adopted policies, and describe the time involved would preclude (2) Create a serious inconsistency or
any such policies, for each of the emergency funds being available to meet otherwise interfere with an action taken
updated safety recommendations. exigent need for summer learning and or planned by another agency;
(c) If an LEA developed a plan prior effective, timely planning for the (3) Materially alter the budgetary
to enactment of the ARP Act that meets upcoming school year, both of which impacts of entitlements, grants, user
the statutory requirements of section are critical to mitigate and prevent the fees, or loan programs or the rights and
2001(i)(1) and (2) of the ARP Act but continued impact of lost instructional obligations of recipients thereof; or
does not address all the requirements in time as well as to meet academic, social, (4) Raise novel legal or policy issues
paragraph (a), the LEA must, pursuant and emotional needs. Nonetheless, the arising out of legal mandates, the
to paragraph (b), revise and post its plan Department is issuing interim final President’s priorities, or the principles
no later than six months after receiving requirements instead of final stated in the Executive order.
its ARP ESSER funds to meet the requirements to allow the members of This regulatory action is an
requirements in paragraph (a). the public to provide their input about economically significant regulatory
(d) An LEA’s plan under section the content of the requirements. action subject to review by OMB under
2001(i)(1) of the ARP Act for the safe The COVID–19 pandemic continues section 3(f) of Executive Order 12866.
return to in-person instruction and to present extraordinary circumstances, Pursuant to section 804(2) of the
continuity of services must be— including widespread school closures, Congressional Review Act (5 U.S.C.
(i) In an understandable and uniform significant loss of instructional time, 804(2)), the Office of Information and
format; and trauma for students, educators, and Regulatory Affairs designated this rule
(ii) To the extent practicable, written as a ‘‘major rule.’’
other staff. Various provisions of section
in a language that parents can We have also reviewed these
2001 of the ARP Act describe the
understand or, if it is not practicable to regulations under Executive Order
emergency caused by the COVID–19
provide written translations to a parent 13563, which supplements and
pandemic and encourage quick
with limited English proficiency, be explicitly reaffirms the principles,
dispersal of ARP ESSER funds.
orally translated for such parent; and structures, and definitions governing
(iii) Upon request by a parent who is Establishing these interim final
regulatory review established in
an individual with a disability as requirements now, without the delay of
Executive Order 12866. To the extent
defined by the ADA, provided in an notice and comment rulemaking,
permitted by law, section 1(b) of
alternative format accessible to that enables SEAs and LEAs to effectively
Executive Order 13563 requires that an
parent. use ARP ESSER funds to address the
agency—
immediate safety, academic, social, and (1) Propose or adopt regulations only
Waiver of Notice and Comment emotional needs of students and help upon a reasoned determination that
Rulemaking and Delayed Effective Date schools safely return to or continue in- their benefits justify their costs
Under the Administrative Procedure person instruction. (recognizing that some benefits and
Act (‘‘APA’’) (5 U.S.C. 551–559), the The APA also requires that
costs are difficult to quantify);
Department generally offers interested regulations be published at least 30 days (2) Tailor its regulations to impose the
parties notice of and the opportunity to before their effective date, unless the least burden on society, consistent with
comment on proposed requirements. agency has good cause to implement its obtaining regulatory objectives taking
However, the APA provides that an regulations sooner (5 U.S.C. 553(d)(3)). into account, among other things, and to
agency is not required to conduct notice Again, because the ARP ESSER funds the extent practicable, the costs of
and comment rulemaking ‘‘when the are needed to address the immediate cumulative regulations;
agency for good cause finds . . . that needs of students, educators, schools, (3) Select, in choosing among
notice and public procedure thereon are LEAs, and SEAs due to the COVID–19 alternative regulatory approaches, those
impracticable, unnecessary, or contrary pandemic, the Secretary also has good approaches that maximize net benefits
to the public interest.’’ 5 U.S.C. cause to waive the 30-day delay in the (including potential economic,
553(b)(B). Here, there is good cause to effective date of these requirements environmental, public health and safety,
waive notice and comment rulemaking. under 5 U.S.C. 553(d)(3). and other advantages; distributive
The requirements in this notice are Executive Orders 12866 and 13563 impacts; and equity);
critical to ensuring that SEAs and LEAs (4) To the extent feasible, specify
urgently and effectively develop plans Regulatory Impact Analysis performance objectives, rather than the
to use the ARP ESSER resources that Under Executive Order 12866, the behavior or manner of compliance a
reflect a full understanding of student Office of Management and Budget regulated entity must adopt; and
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21203
(5) Identify and assess available particularly those students Administrators 20 to monetize costs
alternatives to direct regulation, disproportionately impacted by the associated with SEA and LEA staff time,
including providing economic COVID–19 pandemic; and local plans and we assume that the total dollar
incentives—such as user fees or required under the ARP Act that value of labor, including overhead and
marketable permits—to encourage the effectively guide a safe return to in- benefits, is equal to 200 percent of the
desired behavior, or providing person instruction and ensure wage rate.
information that enables the public to continuity of services during and after SEAs and LEAs may use ARP ESSER
make choices. the COVID–19 pandemic. As discussed funds to defray costs associated with
Executive Order 13563 also requires elsewhere in this document, the ARP these interim final requirements,
an agency ‘‘to use the best available ESSER program provides significant including funds that an SEA reserves for
techniques to quantify anticipated resources to SEAs and LEAs to respond administration under section 2001(f)(4)
present and future benefits and costs as to the unprecedented educational of the ARP Act.
accurately as possible.’’ 18 The Office of disruptions caused by the COVID–19 SEA Consultation With Stakeholders;
Information and Regulatory Affairs of pandemic. The Department believes this Public Input
OMB has emphasized that these regulatory action is needed to ensure
techniques may include ‘‘identifying The Department expects that SEAs
that the plans SEAs and LEAs develop
changing future compliance costs that generally will rely on previously
to use these resources reflect a full
might result from technological established procedures for consulting
understanding of student needs and
innovation or anticipated behavioral with stakeholders and considering
support a strong, urgent response to
changes.’’ 19 public input and that any burden in
these pressing needs. In addition, to
The Department has assessed the adapting those procedures to comply
ensure an effective and sustained return
potential costs and benefits, both with these interim final requirements
to in-person instruction, it is imperative for ARP ESSER plans would be
quantitative and qualitative, of this that LEA plans address specific areas of
regulatory action, and we are issuing negligible. We estimate that, in
safety and adjust as needed in response implementing its procedures, an SEA
these interim final requirements only on to evolving COVID–19 pandemic
a reasoned determination that their will need, on average, 80 staff-hours to
circumstances. engage in meaningful consultation with
benefits justify their costs. In choosing
among alternative regulatory Analysis of Costs identified stakeholder groups and 40
approaches, we selected those staff-hours to consider public input, for
approaches that would maximize net This regulatory action establishes a total estimated average of 120 staff-
benefits. Based on the analysis that interim final requirements for an SEA to hours. At $97.28 per SEA staff-hour, the
follows and the reasons stated meaningfully consult with various average estimated cost to comply with
elsewhere in this document, the stakeholder groups on its ARP ESSER the requirements is approximately
Department believes that the interim plan, give the public an opportunity to $12,000. For 52 SEAs (including the
final requirements are consistent with provide input on the development of the District of Columbia and the
the principles set forth in Executive plan, and facilitate consultation and Commonwealth of Puerto Rico), the
Order 13563. public input by publishing and total estimated cost is $607,000.
We also have determined that this regularly updating information on Under the interim final requirements,
regulatory action does not unduly school modes of instruction and student an SEA must facilitate consultation with
interfere with State, local, or Tribal enrollment and, to the extent available, stakeholders and ongoing
governments in the exercise of their attendance. It also requires an LEA communication with the public by
governmental functions. receiving ARP ESSER funds to develop posting on its website information on
In this regulatory impact analysis, we and make publicly available a plan for the number of schools in the State
discuss the need for regulatory action, the use of those funds; meaningfully providing different modes of instruction
the potential costs and benefits, and the consult with stakeholders and consider and on student enrollment and (if
net budget impacts. public input in developing its plan; and available) attendance, and it must
Elsewhere, under Paperwork make its plan accessible, including to update such information regularly. We
Reduction Act of 1995, we identify and parents with limited English proficiency expect that SEAs generally possess
explain burdens specifically associated and individuals with disabilities. much of this information and estimate
with information collection Finally, with respect to the LEA plan for that the average SEA will need 100
requirements. the safe return to in-person instruction hours to comply with the facilitation
and continuity of services required requirement, including initial posting
Need for Regulatory Action and and six updates. At $97.28 per SEA
Analysis of Benefits under section 2001(i) of the ARP Act,
this action specifies what the plan must staff-hour, the average estimated cost to
These interim final requirements are address; requires periodic review and, comply with the requirements is
intended to provide two critical when needed, revision of the plan, with approximately $9,700. For 52 SEAs, the
benefits: State and local plans under the consideration of public input in each total estimated cost is $505,900.
ARP ESSER program that are informed case, to ensure it meets statutory and
by and meaningfully address the LEA ARP ESSER Plans
regulatory requirements and remains
academic, social, emotional, and mental Under the interim final requirements,
relevant to the needs of schools; and
health needs of our Nation’s students, an LEA must develop an ARP ESSER
requires that the plan be accessible,
plan that describes, at a minimum, how
including to parents with limited
18 Executive Order 13563, section 1(c). the LEA will use ARP ESSER funds to
English proficiency and individuals
19 U.S. Office of Management and Budget (2011,
implement prevention and mitigation
Feb. 2). Memorandum for the Heads of Executive with disabilities. We estimate the costs
strategies in school opening and
Departments and Agencies and of Independent of complying with these interim final
Regulatory Agencies on Executive Order 13563, operations, address the academic impact
requirements in the paragraphs that
‘‘Improving Regulation and Regulatory Review’’.
Office of Information and Regulatory Affairs.
follow. Throughout, we use mean wages 20 See https://www.bls.gov/oes/2020/may/oes_
Washington, DC. for Education and Childcare nat.html.
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21204 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
of lost instructional time, carry out other Finally, we estimate that an LEA will estimate that the average LEA will
allowable activities, and identify and need an average of 10 hours to comply revise its plan once and require an
meet student needs resulting from the with the requirement that its ARP average of 20 staff-hours for plan
COVID–19 pandemic. The Department ESSER plan be accessible, including to revision, including consideration of
expects that the majority of LEAs have parents with limited English proficiency public input. The total average
already devoted significant time and and individuals with disabilities. At estimated staff-hours for complying
resources toward identifying activities $97.28 per LEA staff-hour, the average with plan review and revision
that are responsive to these estimated cost to comply with the requirements is 70 staff-hours, and at
requirements and that, for these LEAs, requirement is approximately $1,000. $97.28 per LEA staff-hour, the average
the burden associated with ARP ESSER For an estimated 15,000 LEAs receiving
estimated cost is approximately $6,800.
plan development would consist ARP ESSER funds, the total estimated
For an estimated 15,000 LEAs receiving
primarily in determining how best to cost is $14,592,000.
use ARP ESSER funds for these ARP ESSER funds, the total estimated
LEA Plan for Safe Return to In-Person cost for complying with the plan review
purposes. We estimate that an LEA will
Instruction and Continuity of Services and revision requirements is
need, on average, 40 staff-hours
(exclusive of time to consult with The Department believes that the $102,144,000.
stakeholders and consider public input, majority of LEAs developed plans for Finally, we estimate that an LEA will
which is estimated in the following the safe return to in-person instruction need an average of 15 hours to comply
paragraph) to develop an ARP ESSER and continuity of services prior to with the requirement that its plan
plan that meets the requirements and to enactment of the ARP Act. We estimate (including revisions) for the safe return
make its plan publicly available. At that one-third of LEAs receiving ARP to in-person instruction and continuity
$97.28 per LEA staff-hour, the average ESSER funds, or an estimated 5,000 of services be accessible, including to
estimated cost to comply with the ARP LEAs, will need to develop or revise parents with limited English proficiency
ESSER plan development requirement is such plans to meet statutory and
and individuals with disabilities. At
approximately $3,900. For an estimated regulatory requirements, using an
$97.28 per LEA staff-hour, the average
15,000 LEAs receiving ARP ESSER average of 40 staff-hours. At $97.28 per
LEA staff-hour, the average estimated estimated cost to comply with the
funds, the total estimated cost is requirement is approximately $1,500.
$58,368,000. cost for complying with the
requirements is approximately $3,900, For an estimated 15,000 LEAs receiving
We anticipate that, as with SEAs,
LEAs receiving ARP ESSER funds and the total estimated cost is ARP ESSER funds, the total estimated
largely will use existing processes for $19,456,000. cost is $21,888,000.
stakeholder consultation and public Under these interim final Net Budget Impacts
input and that any adaptations of those requirements, an LEA must review its
processes for purposes of the final plan at least every six months, revise its We estimate that the discretionary
requirement would impose minimal plan as needed, and consider public elements of these interim final
burden. The Department estimates that, input in plan review and revision. requirements will not have an impact on
in carrying out its process, an LEA will Assuming LEAs implement their plans the Federal budget. This regulatory
need, on average, 30 staff-hours to through Fiscal Year 2023, an LEA will action establishes requirements for
engage in meaningful consultation with need to review its plan a minimum of SEAs and LEAs receiving ARP ESSER
identified stakeholder groups and five times—more specifically, at least funds but does not affect the amount of
consider public input. At $97.28 per once in Fiscal Year 2021 and twice in funding available for this program. We
LEA staff-hour, the average estimated each of Fiscal Years 2022 and 2023—to anticipate that the nearly $122 billion in
cost to comply with the requirement is meet the plan review requirement. We ARP ESSER funds will be disbursed in
approximately $2,900. For an estimated estimate that each review, including Fiscal Year 2021, and therefore estimate
15,000 LEAs receiving ARP ESSER consideration of public input using $122 billion in transfers in Fiscal Year
funds, the total estimated cost for customary methods, will require an 2021 relative to a pre-statutory baseline.
stakeholder consultation and public average of 10 staff-hours, for a total
input is $43,776,000. average of 50 staff-hours. Further, we Accounting Statement
ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED IMPACTS
[In millions]
Category Benefits
SEA and LEA ARP ESSER plans that are informed by and successfully address student needs ................................................... Not Quantified
LEA plans that ensure a safe return to in-person instruction and continuity of services ................................................................... Not Quantified
Costs
SEA consultation with stakeholders; public input ................................................................................................................................ $1.1
LEA plan for use of ARP ESSER funds .............................................................................................................................................. $117
LEA plan for safe return to in-person instruction and continuity of services ...................................................................................... $143
Transfers
Activities to help safely reopen and sustain the safe operation of schools and address the impact of the coronavirus pandemic
on the Nation’s students .................................................................................................................................................................. $121,975
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21205
Regulatory Flexibility Act Certification unless OMB approves the collection estimated average of 120 staff-hours. At
The Regulatory Flexibility Act does under the PRA and the corresponding $97.28 per SEA staff-hour, the average
not apply to this rulemaking because information collection instrument estimated cost to comply with the
there is good cause to waive notice-and- displays a currently valid OMB control requirements is approximately $12,000.
comment rulemaking under the number. Notwithstanding any other For 52 SEAs (including for the District
Administrative Procedure Act (5 U.S.C. provision of the law, no person is of Columbia and the Commonwealth of
553). required to comply with, or is subject to Puerto Rico), the total estimated cost is
penalty for failure to comply with, a $607,000, and the total estimated
Clarity of the Regulations collection of information if the burden is 6,240 hours.
Executive Order 12866 and the collection instrument does not display a Under the interim final requirements,
Presidential Memorandum ‘‘Plain currently-valid OMB control number. an SEA must facilitate consultation with
Language in Government Writing’’ As discussed in the Analysis of Costs stakeholders and ongoing
require each agency to write regulations and Benefits section of the Regulatory communication with the public by
that are easy to understand. Impact Statement, this regulatory action posting on its website information on
The Secretary invites comments on establishes interim final requirements the number of schools in the State
how to make these regulations easier to for an SEA to meaningfully consult with providing different modes of instruction
understand, including answers to various stakeholder groups on its ARP and on student enrollment and (if
questions such as the following: ESSER plan and to give the public an available) attendance, and it must
• Are the requirements in the interim opportunity to provide input on the update such information regularly. We
final requirements clearly stated? development of the plan. It also requires expect that SEAs generally possess
• Do the interim final requirements an LEA receiving ARP ESSER funds to much of this information and estimate
contain technical terms or other develop and make publicly available a that an SEA will need, on average, 33
wording that interferes with their plan for the use of those funds; hours to comply with the facilitation
clarity? meaningfully consult with stakeholders requirement, including information
• Does the format of the interim final and consider public input in developing updates. At $97.28 per SEA staff-hour,
requirements (grouping and order of its plan; and make its plan accessible, the average estimated cost to comply
sections, use of headings, paragraphing, including to parents with limited with the requirements is approximately
etc.) aid or reduce their clarity? English proficiency and parents with a $3,200. For 52 SEAs, the total estimated
• Would the interim final disability. Finally, with respect to the cost is $166,800 and the total burden is
requirements be easier to understand if LEA plan for the safe return to in-person 1,716 hours. This estimate differs from
we divided them into more (but shorter) instruction and continuity of services the estimate in the Regulatory Impact
sections? required under section 2001(i) of the Statement due to calculating the annual
• Could the description of the interim ARP Act, this action specifies what the impact, rather than the net impact.
final requirements in the plan must address; requires periodic We estimate that an LEA will need, on
SUPPLEMENTARY INFORMATION section of review and, when needed, revision of average, 40 staff-hours to develop an
this preamble be more helpful in the plan, with consideration of public ARP ESSER plan that meets the
making the requirements easier to input in each case, to ensure it meets requirements and to make its plan
understand? If so, how? statutory and regulatory requirements publicly available. At $97.28 per LEA
• What else could we do to make the and remains relevant to the needs of staff-hour, the average estimated cost to
interim final requirements easier to schools; and requires that the plan be comply with the ARP ESSER plan
understand? accessible, including to parents with development requirement is
To send any comments that concern limited English proficiency and parents approximately $3,900. For an estimated
how the Department could make these with disabilities. We estimate the costs 15,000 LEAs receiving ARP ESSER
interim final requirements easier to and burden hours associated with funds, the total estimated cost is
understand, see the instructions in the complying with these interim final $58,368,000, and the total burden is
ADDRESSES section. requirements in the paragraphs that 600,000 hours.
follow. The estimates below for the For LEA consultation with
Paperwork Reduction Act of 1995 stakeholders and seeking public input,
costs and burden hours are the same as
As part of its continuing effort to the costs and staff-hours discussed in we estimate that an LEA will need, on
reduce paperwork and respondent the Regulatory Impact Statement unless average, 30 staff-hours to engage in
burden, the Department provides the otherwise noted. Differences between meaningful consultation with identified
general public and Federal agencies the estimates in the Regulatory Impact stakeholder groups and to consider
with an opportunity to comment on Statement and this section are due to public input, for a total of 30 staff-hours.
proposed and continuing collections of differences in calculating the net impact At $97.28 per LEA staff-hour, the
information in accordance with the and annual impact of these average estimated cost to comply with
Paperwork Reduction Act of 1995 requirements. the requirement is $3,900. For an
(‘‘PRA’’) (44 U.S.C. 3501 et seq.). This In the notice of final requirements, we estimated 15,000 LEAs receiving ARP
helps ensure that the public will display the control number ESSER funds, the total estimated cost is
understands the Department’s collection assigned by OMB to any information $43,776,000, and the total estimated
instructions, respondents provide the collection activities proposed in these burden is 450,000 hours. We estimate
requested data in the desired format, interim final requirements and adopted that an LEA will need an average of 10
reporting burden (time and financial in the notice of final requirements. hours to comply with the requirement
resources) is minimized, collection For SEA consultation with that its ARP ESSER plan be accessible,
instruments are clearly understood, and stakeholders and seeking public input, including to parents with limited
the Department can properly assess the we estimate that an SEA will need, on English proficiency and individuals
impact of collection requirements on average, 80 staff-hours to engage in with disabilities. At $97.28 per LEA
respondents. meaningful consultation with identified staff-hour, the average estimated cost to
A Federal agency may not conduct or stakeholder groups and 40 staff-hours to comply with the requirement is
sponsor a collection of information consider public input, for a total approximately $1,000. For an estimated
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21206 Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations
15,000 LEAs receiving ARP ESSER estimate a total burden of 405,000 Docket ID number ED–2021–OESE–0061
funds, the total estimated cost is hours. This estimate differs from the or via postal mail, commercial delivery,
$14,592,000, and the total estimated estimate in the Regulatory Impact or hand delivery by referencing the
burden is 150,000 hours. Statement due to calculating the annual docket ID number and the title of the
We estimate that 5,000 LEAs will impact, rather than the net impact. information collection request at the top
need to develop or revise safe return to Finally, we estimate that an LEA will of your comment. Comments submitted
in-person instruction and continuity of need an average of 15 hours to comply by postal mail or delivery should be
services plans to meet statutory and with the requirement that its plan for addressed to the PRA Coordinator of the
regulatory requirements, using an the safe return to in-person instruction Strategic Collections and Clearance
average of 40 staff-hours. At $97.28 per and continuity of services be accessible, Governance and Strategy Division, U.S.
LEA staff-hour, the average estimated including to parents with limited Department of Education, 400 Maryland
cost for complying with the English proficiency and individuals Ave. SW, LBJ, Room 6W208D,
requirements is $3,900. The total with disabilities. At $97.28 per LEA Washington, DC 20202–8240.
estimated cost is $19,456,000, and the staff-hour, the average estimated cost to Note: The Office of Information and
total estimated burden is 200,000 hours. comply with the requirement is Regulatory Affairs in OMB and the
Under these interim final approximately $1,500. For an estimated Department review all comments related to
requirements, an LEA must review its 15,000 LEAs receiving ARP ESSER the information collection activities posted at
plan at least every 6 months, revise its funds, the total estimated cost is www.regulations.gov.
plan as needed, and consider public $21,888,000, and we estimate a total
input in the review and revision. Under We consider your comments on these
burden of 225,000 hours.
these interim final requirements, an proposed collection activities in—
Collectively, we estimate that these
LEA will need to review its plan twice new information collection activities • Deciding whether the proposed
per year. We estimate that each review will result in a total estimated cost of collection activities are necessary for the
will require an average of 15 staff-hours $198,791,800 and a total estimated proper performance of our functions,
for a total burden of 30 hours per year. burden of 2,037,956 hours to the public including whether the information will
We estimate that the average LEA will annually. The Department is requesting have practical use;
revise its plan once over the course of an emergency paperwork clearance from • Evaluating the accuracy of our
the next three years and require an OMB on the data collections associated estimate of the burden of the proposed
average of 20 staff-hours for plan with these interim final requirements. collection activities, including the
revision, an average of 7 burden hours We must receive your comments on validity of our methodology and
per year. The total average estimated the collection activities contained in assumptions;
staff-hours for complying with plan these interim final requirements on or • Enhancing the quality, usefulness,
review and revision requirements is 27 before [INSERT DATE 30 DAYS FROM and clarity of the information we
staff-hours annually, and at $97.28 per THE DATE OF PUBLICATION IN THE collect; and
LEA staff-hour, the average estimated FEDERAL REGISTER]. Comments • Minimizing the burden on those
cost is $2,600. For an estimated 15,000 related to the information collection who must respond. This includes
LEAs receiving ARP ESSER funds, the activities must be submitted exploring the use of appropriate
total estimated cost for complying with electronically through the Federal automated, electronic, mechanical, or
the plan review and revision eRulemaking Portal at other technological collection
requirements is $39,398,000, and we www.regulations.gov by selecting the techniques.
COLLECTION OF INFORMATION
Estimated Total Estimated cost at
Hours per
Information collection activity number estimated an hourly rate of
response
responses burden hours $97.28
SEA Consultation with Public .................................................................... 52 120 6,240 $607,000
SEA Facilitation and Updates .................................................................... 52 33 1,716 166,800
LEA ARP ESSER Plan Creation ............................................................... 15,000 40 600,000 58,368,000
LEA Consultation with Public .................................................................... 15,000 30 450,000 43,776,000
LEA ARP ESSER Plan Accessibility ......................................................... 15,000 10 150,000 14,592,000
LEA Plan for Safe Return Creation ........................................................... 5,000 40 200,000 19,456,000
LEA Safe Return Plan Review .................................................................. 15,000 27 405,000 39,938,000
LEA Plan for Safe Return Accessibility ..................................................... 15,000 15 225,000 21,888,000
Annualized Total ................................................................................. 80,104 315 2,037,956 198,791,800
In addition to the information as the regulatory requirements in these Intergovernmental Review
collection activities that are a result of interim final requirements. The
these interim final requirements, the estimated burden hours for completing The ARP ESSER program is not
Department is issuing an ARP ESSER the ARP ESSER State Plan application subject to Executive Order 12372 and
State Plan application template that template are accounted for in a separate the regulations in 34 CFR part 79.
creates burden for the public. The emergency information collection Accessible Format: On request to the
content of the template is based on the request to OMB. program contact person listed under FOR
ARP ESSER statute, in particular the FURTHER INFORMATION CONTACT,
required SEA and LEA set asides (see individuals with disabilities can obtain
ARP sections 2001(e)(1) (LEA set aside) this document in an accessible format.
and (f)(1)–(3) (SEA set asides)), as well The Department will provide the
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Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Rules and Regulations 21207
requestor with an accessible format that ADDRESSES: EPA has established a III. Incorporation by Reference
may include Rich Text Format (‘‘RTF’’) docket for this action under Docket ID In this rule, EPA is finalizing
or text format (‘‘txt’’), a thumb drive, an No. EPA–R05–OAR–2020–0467. All regulatory text that includes
MP3 file, braille, large print, audiotape, documents in the docket are listed on incorporation by reference. In
compact disc, or other accessible format. the www.regulations.gov website. accordance with requirements of 1 CFR
Electronic Access to This Document: Although listed in the index, some 51.5, EPA is finalizing the incorporation
The official version of this document is information is not publicly available, by reference of the Illinois Regulations
the document published in the Federal i.e., Confidential Business Information described in the amendments to 40 CFR
Register. You may access the official (CBI) or other information whose part 52 set forth below. EPA has made,
edition of the Federal Register and the disclosure is restricted by statute. and will continue to make, these
Code of Federal Regulations at Certain other material, such as documents generally available through
www.govinfo.gov. At this site you can copyrighted material, is not placed on www.regulations.gov, and at the EPA
view this document, as well as all other the internet and will be publicly Region 5 Office (please contact the
documents of this Department available only in hard copy form. person identified in the FOR FURTHER
published in the Federal Register, in Publicly available docket materials are INFORMATION CONTACT section of this
text or portable document format available either through preamble for more information).
(‘‘PDF’’). To use PDF you must have www.regulations.gov or at the Therefore, these materials have been
Adobe Acrobat Reader, which is Environmental Protection Agency, approved by EPA for inclusion in the
available free at the site. Region 5, Air and Radiation Division, 77 SIP, have been incorporated by
You may also access documents of the West Jackson Boulevard, Chicago, reference by EPA into that plan, are
Department published in the Federal Illinois 60604. This facility is open from fully federally enforceable under
Register by using the article search 8:30 a.m. to 4:30 p.m., Monday through sections 110 and 113 of the CAA as of
feature at: www.federalregister.gov. Friday, excluding Federal holidays and the effective date of the final rulemaking
Specifically, through the advanced facility closures due to COVID–19. We of EPA’s approval, and will be
search feature at this site, you can limit recommend that you telephone Daniel incorporated by reference in the next
your search to documents published by Wolski, Physical Scientist, at 312–886– update to the SIP compilation.1
the Department. 0557 before visiting the Region 5 office.
IV. Statutory and Executive Order
Miguel Cardona, FOR FURTHER INFORMATION CONTACT: Reviews
Secretary of Education. Daniel Wolski, Physical Scientist, Air
Under the CAA, the Administrator is
[FR Doc. 2021–08359 Filed 4–21–21; 8:45 am] Permitting Section, Air Programs
required to approve a SIP submission
Branch (AR–18J), Environmental
BILLING CODE 4000–01–P that complies with the provisions of the
Protection Agency, Region 5, 77 West CAA and applicable Federal regulations.
Jackson Boulevard, Chicago, Illinois 42 U.S.C. 7410(k); 40 CFR 52.02(a).
60604, (312) 886–0557, wolski.daniel@ Thus, in reviewing SIP submissions,
ENVIRONMENTAL PROTECTION epa.gov.
AGENCY EPA’s role is to approve state choices,
SUPPLEMENTARY INFORMATION: provided that they meet the criteria of
40 CFR Part 52 Throughout this document whenever the CAA. Accordingly, this action
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean merely approves state law as meeting
[EPA–R05–OAR–2020–0467; FRL–10022– EPA. Federal requirements and does not
84–Region 5] impose additional requirements beyond
I. Background Information those imposed by state law. For that
Air Plan Approval; Illinois; Public reason, this action:
On February 26, 2021, EPA proposed
Participation in the Permit Program
to approve revisions to Illinois’ public • Is not a significant regulatory action
AGENCY: Environmental Protection
subject to review by the Office of
notice for CAA permitting rules
Agency (EPA). Management and Budget under
contained in Chapter 35 Illinois
Executive Orders 12866 (58 FR 51735,
ACTION: Final rule. Administrative Code (IAC) part 252. See
October 4, 1993) and 13563 (76 FR 3821,
86 FR 11680. An explanation of the
SUMMARY: The Environmental Protection
January 21, 2011);
CAA requirements, a detailed analysis • Does not impose an information
Agency (EPA) is approving revisions to of the revisions, and EPA’s reasons for collection burden under the provisions
the Illinois State Implementation Plan proposing approval were provided in of the Paperwork Reduction Act (44
(SIP) that were submitted on August 27, the notice of proposed rulemaking U.S.C. 3501 et seq.);
2020 by the Illinois Environmental (NPRM) and will not be restated here. • Is certified as not having a
Protection Agency (IEPA). These The public comment period for this significant economic impact on a
revisions affect the public notice rule proposed rule ended on March 29, 2021. substantial number of small entities
provisions for the New Source Review EPA received one supportive comment under the Regulatory Flexibility Act (5
(NSR) and title V Operating Permit on the proposal. U.S.C. 601 et seq.);
programs (title V) of the Clean Air Act • Does not contain any unfunded
(CAA). The revisions remove the II. Final Action
mandate or significantly or uniquely
mandatory requirement to provide EPA is approving IEPA’s August 27, affect small governments, as described
public notice of draft CAA permits in a 2020, SIP program revisions addressing in the Unfunded Mandates Reform Act
newspaper and allow electronic notice public notice requirements for CAA of 1995 (Pub. L. 104–4);
(e-notice) as an alternate noticing permitting. EPA has concluded that the • Does not have federalism
option. EPA proposed to approve this State’s submittal meets the plan implications as specified in Executive
action on February 26, 2021 and revisions requirements of CAA section Order 13132 (64 FR 43255, August 10,
received no adverse comments. 110 and the implementing regulations at 1999);
DATES: This final rule is effective on 40 CFR 51.161, 40 CFR 70.4, and 40 CFR
May 24, 2021. 70.7. 1 62 FR 27968 (May 22, 1997).
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- Size
- 366,291 bytes
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- Original
- www.govinfo.gov