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Final Requirements; American Rescue Plan Act Homeless Children and Youth Program (rule, 86 FR 36222, July 9, 2021)

Summary

Final requirements from the Office of Elementary and Secondary Education, Department of Education, for the Homeless Children and Youth program (ARP–HCY) under section 2001(b)(1) of the American Rescue Plan Act of 2021 (ARP Act). They were published in the Federal Register on July 9, 2021 (Vol. 86, No. 129). The Department states that the requirements are intended to clarify program requirements and to streamline and clarify the process for State educational agencies (SEAs) to award subgrants to local educational agencies (LEAs). The Secretary certifies that the action does not have a significant economic impact on a substantial number of small entities. The final requirements take effect July 9, 2021 and name Deborah Spitz as the contact.

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Cite this document

“Final Requirements; American Rescue Plan Act Homeless Children and Youth Program (rule, 86 FR 36222, July 9, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/final-requirements-american-rescue-plan-act-homeless-children-and-yout-fbde288034/, SHA-256 114799e408a82d4b3baa71c20f9a79a5b33f6b78642e50d7f75d8cdbca4c4341.

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                                          36222                 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations

                                          provide information that enables the                     organizations. Of the impacts we                      file, braille, large print, audiotape, or
                                          public to make choices.                                  estimate accruing to grantees or eligible             compact disc, or other accessible format.
                                             Executive Order 13563 also requires                   entities, all are voluntary and related                  Electronic Access to This Document:
                                          an agency ‘‘to use the best available                    mostly to an increase in the number of                The official version of this document is
                                          techniques to quantify anticipated                       applications prepared and submitted                   the document published in the Federal
                                          present and future benefits and costs as                 annually for competitive grant                        Register. You may access the official
                                          accurately as possible.’’ The Office of                  competitions. Therefore, we do not                    edition of the Federal Register and the
                                          Information and Regulatory Affairs of                    believe that the priority and definition              Code of Federal Regulations at:
                                          OMB has emphasized that these                            would significantly impact small                      www.govinfo.gov. At this site you can
                                          techniques may include ‘‘identifying                     entities beyond the potential for                     view this document, as well as all other
                                          changing future compliance costs that                    increasing the likelihood of their                    documents of this Department
                                          might result from technological                          applying for, and receiving, competitive              published in the Federal Register, in
                                          innovation or anticipated behavioral                     grants from the Department.                           text or Portable Document Format
                                          changes.’’                                                  Paperwork Reduction Act of 1995:                   (PDF). To use PDF you must have
                                             We are issuing this final priority and                The priority and definition contain                   Adobe Acrobat Reader, which is
                                          definition only on a reasoned                            information collection requirements that              available free at the site.
                                          determination that their benefits justify                are approved by OMB under OMB                            You may also access documents of the
                                          their costs. In choosing among                           control number 1810–0758; the priority                Department published in the Federal
                                          alternative regulatory approaches, we                    and definition do not affect the                      Register by using the article search
                                          selected those approaches that                           currently approved data collection. An                feature at: www.federalregister.gov.
                                          maximize net benefits. Based on the                      FY 2021 competition would require                     Specifically, through the advanced
                                          analysis that follows, the Department                    applicants to complete and submit an                  search feature at this site, you can limit
                                          believes that this regulatory action is                  application for Federal assistance using              your search to documents published by
                                          consistent with the principles in                        Department standard application forms.                the Department.
                                          Executive Order 13563.                                   As a part of the application submission,
                                             We also have determined that this                                                                           Ian Rosenblum,
                                                                                                   respondents, who are LEAs, State
                                          regulatory action does not unduly                                                                              Deputy Assistant Secretary for Policy and
                                                                                                   educational agencies, the Bureau of
                                          interfere with State, local, and Tribal                                                                        Programs Delegated the Authority to Perform
                                          governments in the exercise of their                     Indian Education, nonprofit or for-profit             the Functions and Duties of the Assistant
                                          governmental functions.                                  organizations, or a combination thereof,              Secretary, Office of Elementary and
                                             The Department believes that this                     will submit information demonstrating                 Secondary Education.
                                          regulatory action will not impose                        that each school included in the TSL-                 [FR Doc. 2021–14712 Filed 7–8–21; 8:45 am]
                                          significant costs on eligible entities,                  assisted project is a High-Need school.               BILLING CODE 4000–01–P
                                          whose participation in our programs is                   We estimate that for the FY 2021 TSL
                                          voluntary, and costs can generally be                    competition and later competitions,
                                          covered with grant funds. As a result,                   each applicant will spend                             DEPARTMENT OF EDUCATION
                                          the priority and definition will not                     approximately 87 hours of staff time to
                                          impose any particular burden except                      address the priority and definition.                  34 CFR Chapter II
                                          when an entity voluntarily elects to                     Based on the number of applications the               RIN 1801–AA24
                                          apply for a grant. The benefits of the                   Department received in the FY 2020
                                          priority and definition will outweigh                    TSL competition, we expect to receive                 Final Requirements; American Rescue
                                          any associated costs because they will                   approximately 100 applications for                    Plan Act Homeless Children and Youth
                                          help ensure that the Department’s TSL                    these funds. The total number of hours                Program
                                          grant program selects high-quality                       for all expected applicants to address
                                                                                                   this priority and definition is an                    AGENCY: Office of Elementary and
                                          applicants to implement activities that
                                                                                                   estimated 8,700 hours.                                Secondary Education, Department of
                                          are designed to address High-Need
                                                                                                      Intergovernmental Review: This                     Education.
                                          Schools.
                                             Regulatory Flexibility Act                            program is subject to Executive Order                 ACTION: Final requirements.
                                          Certification: The Secretary certifies that              12372 and the regulations in 34 CFR
                                                                                                   part 79. One of the objectives of the                 SUMMARY: The Department of Education
                                          this regulatory action does not have a
                                                                                                   Executive order is to foster an                       (Department) establishes requirements
                                          significant economic impact on a
                                                                                                   intergovernmental partnership and a                   for the Homeless Children and Youth
                                          substantial number of small entities.
                                                                                                   strengthened federalism. The Executive                program (ARP–HCY), under section
                                          The U.S. Small Business Administration
                                                                                                   order relies on processes developed by                2001(b)(1) of the American Rescue Plan
                                          Size Standards define proprietary
                                                                                                   State and local governments for                       Act of 2021 (ARP Act). These
                                          institutions as small businesses if they
                                                                                                   coordination and review of proposed                   requirements are intended to clarify
                                          are independently owned and operated,
                                                                                                   Federal financial assistance. This                    program requirements and streamline
                                          are not dominant in their field of
                                                                                                   document provides early notification of               and clarify the process for State
                                          operation, and have total annual
                                                                                                   our specific plans and actions for this               educational agencies (SEAs) to award
                                          revenue below $7,000,000. Nonprofit
                                                                                                   program.                                              subgrants to local educational agencies
                                          institutions are defined as small entities
                                                                                                      Accessible Format: On request to the               (LEAs).
                                          if they are independently owned and
                                          operated and not dominant in their field                 program contact person listed under FOR               DATES: These final requirements take
                                          of operation. Public institutions are                    FURTHER INFORMATION CONTACT,                          effect July 9, 2021.




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                                          defined as small organizations if they                   individuals with disabilities can obtain              FOR FURTHER INFORMATION CONTACT:
                                          are operated by a government                             this document in an accessible format.                Deborah Spitz, U.S. Department of
                                          overseeing a population below 50,000.                    The Department will provide the                       Education, 400 Maryland Avenue SW,
                                             The small entities that this regulatory               requestor with an accessible format that              Room 3W200, Washington, DC 20202.
                                          action would affect are school districts,                may include Rich Text Format (RTF) or                 Telephone: (202) 260–3793. Email:
                                          nonprofit organizations, and for-profit                  text format (txt), a thumb drive, an MP3              deborah.spitz@ed.gov.


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                                                                Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations                                         36223

                                             If you use a telecommunications                       that the requirements apply to an SEA’s               children and youth identified by each
                                          device for the deaf (TDD) or a text                      ARP Homeless II allocation.                           LEA relative to all LEAs in the State,
                                          telephone (TTY), call the Federal Relay                     Paragraph (b) provides that the funds              using the greater of the number of
                                          Service (FRS), toll free, at 1–800–877–                  are subject to all provisions of Title VII–           homeless children and youth in either
                                          8339.                                                    B of the McKinney-Vento Act, except as                the 2018–19 or 2019–20 school year in
                                                                                                   provided in paragraph (c), which                      each LEA. This formula ensures a
                                          SUPPLEMENTARY INFORMATION:
                                                                                                   governs subgrants to LEAs. The                        balance in the distribution of funds to
                                             Purpose of Program: The ARP–HCY
                                                                                                   Department establishes this requirement               focus on the needs of the LEAs,
                                          program provides a total of $800 million
                                                                                                   because the EHCY program supports an                  considering both the LEA’s number of
                                          for the Secretary of Education
                                                                                                   existing infrastructure of State                      low-income students and the number of
                                          (Secretary) to use for the purposes of
                                                                                                   Coordinators in States and local liaisons             homeless children and youth. In
                                          identifying homeless children and
                                                                                                   in LEAs. Furthermore, the allowable                   addition, allowing the use of either the
                                          youth and providing homeless children
                                                                                                   activities under this program are                     2018–19 school year or 2019–20 school
                                          and youth with wrap-around services in
                                                                                                   broadly defined and meet a wide range                 year homeless counts takes into
                                          light of the challenges of the COVID–19
                                                                                                   of academic, social, emotional, and                   consideration the potential for
                                          pandemic and assistance needed to
                                                                                                   mental health needs of children and                   undercounting in the 2019–20 school
                                          enable homeless children and youth to                    youth experiencing homelessness.                      year due to COVID–19 by allowing LEAs
                                          attend school and participate fully in                   Creating a program with different                     to use the greater of the two numbers.
                                          school activities. These funds may be                    requirements and a different                             The Department establishes in
                                          used by States to address urgent needs                   infrastructure is likely to result in                 paragraph (c)(2) that an LEA must have
                                          of children and youth experiencing                       confusion and duplication of efforts, at              an allocation of at least $5,000 under the
                                          homelessness—including academic,                         a time when students urgently need                    formula to be eligible for an ARP
                                          social, emotional, and mental health                     support.                                              Homeless II subgrant on its own. This
                                          needs. The funds will also be used by                       Paragraph (c) of the requirements                  $5,000 minimum will enable each
                                          States and local educational agencies                    contains a formula for the SEAs’                      subgrantee to have sufficient ARP
                                          (LEAs) to increase capacity by hiring                    distribution of funds to LEAs from the                Homeless II funds to address the needs
                                          staff, dedicating resources, and planning                funds remaining after the SEA State                   of homeless children and youth. We
                                          partnerships with community-based                        activities reservation (which may be up               chose as the threshold the smallest
                                          organizations, among other strategies.                   to 25 percent of the SEA’s award,                     amount reasonable to sufficiently
                                             Program Authority: Section 2001(b)(1)                 consistent with section 722(e)(2) of the              implement a local program. If an LEA’s
                                          of the ARP Act, Public Law 117–2,                        McKinney-Vento Act). The McKinney-                    allocation would be less than $5,000, in
                                          March 11, 2021.                                          Vento Act includes a statutory                        order to receive an ARP Homeless II
                                             Background: The ARP–HCY program                       requirement that States distribute at                 subgrant, the LEA must join a
                                          provides $800 million to fund vital                      least 75 percent of funds to LEAs. It also            consortium of LEAs in which the sum
                                          assistance to homeless children and                      requires SEAs to award these funds                    of its members’ allocations meets the
                                          youth. On April 26, 2021, the                            competitively to LEAs using criteria                  $5,000 threshold. For LEAs with an
                                          Department released approximately 25                     based on need and quality. This                       allocation less than $5,000, the rule
                                          percent of these funds (ARP Homeless I)                  requirement ensures that the limited                  encourages the use of consortia to create
                                          as a supplement to SEAs’ grants under                    EHCY program funds that have                          favorable economies of scale.
                                          the Education for Homeless Children                      historically been appropriated under                     Final Requirements: The Secretary
                                          and Youths (EHCY) program authorized                     this program are distributed to the LEAs              establishes the following final
                                          by Title VII–B of the McKinney-Vento                     with the greatest need but has also                   requirements for the ARP–HCY
                                          Homeless Assistance Act (McKinney-                       resulted in only approximately 25                     program.
                                          Vento Act). SEAs and LEAs may use                        percent of LEAs receiving EHCY                           (a) Applicability. These requirements
                                          ARP Homeless I funds for a wide range                    subgrants. Given the substantial                      apply to a State educational agency’s
                                          of services and activities, including                    increase in funding for supports and                  (SEA) second allocation of funds from
                                          tutoring, transportation, coordination                   services for homeless children and                    the Department of Education under
                                          with housing, health and social services,                youth under the ARP Act, the need for                 section 2001(b)(1) of the American
                                          counseling, and other supports for                       rapid distribution to meet urgent                     Rescue Plan Act of 2021 (ARP Homeless
                                          academic, social, emotional, and mental                  student needs, and the importance of                  II).
                                          health needs, to address the urgent                      serving students experiencing                            (b) Program administration. The funds
                                          needs of homeless children and youth.                    homelessness in communities that have                 described in paragraph (a) are subject to
                                          Funds may also be used to build SEA                      not historically participated in the                  all provisions of Title VII–B of the
                                          and LEA capacity to effectively                          EHCY subgrant program, the                            McKinney-Vento Homeless Assistance
                                          administer these funds. SEAs were                        Department establishes a requirement in               Act, except as provided in paragraph (c).
                                          encouraged to use the initial                            paragraph (c)(1) that the SEA distribute                 (c) Subgrants to local educational
                                          disbursement of funds to supplement                      the ARP Homeless II funds to LEAs by                  agencies (LEAs).
                                          existing EHCY grants, and many have                      formula rather than competition.                         (1) Each SEA must award subgrants
                                          done so or are in the process of doing                   Requiring SEAs to distribute the ARP                  by allocating not less than 75 percent of
                                          so.                                                      Homeless II funds to LEAs by formula                  the funds it receives under the ARP
                                             The Secretary is establishing final                   will ensure that the vast majority of                 Homeless II program to LEAs as follows:
                                          requirements for the second                              LEAs will be able to receive subgrants.                  (i) 50 percent in proportion to the
                                          disbursement of ARP–HCY funds (ARP                          The formula is based equally on the                amount that each LEA received under




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                                          Homeless II) related to program                          proportional share of an LEA’s                        Part A of Title I of the Elementary and
                                          requirements and the formula for the                     allocation under Title I, Part A of the               Secondary Education Act of 1965, as
                                          SEAs’ distribution of these funds to                     Elementary and Secondary Education                    amended, for the most recent fiscal year;
                                          LEAs.                                                    Act of 1965 (ESEA) for the most recent                and
                                             In paragraph (a) of the final                         fiscal year, and the LEA’s proportional                  (ii) 50 percent in proportion to the
                                          requirements, the Department provides                    share of the number of homeless                       number of homeless children and youth


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                                          36224                 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations

                                          identified by each LEA relative to all                   SEAs and LEAs may more quickly and                    State, local, or Tribal governments or
                                          LEAs in the State, using the greater of                  effectively plan for and use ARP–HCY                  communities in a material way (also
                                          the number of homeless children and                      funds to address the needs of homeless                referred to as ‘‘economically significant’’
                                          youth in either the 2018–19 or 2019–20                   children and youth. Establishing the                  regulations);
                                          school year in each LEA.                                 final rule now will give SEAs the                        (2) Create serious inconsistency or
                                            (2) An SEA may not make a subgrant                     opportunity to award ARP Homeless II                  otherwise interfere with an action taken
                                          to an LEA under paragraph (c)(1) if the                  funds to LEAs by the start of the 2021–               or planned by another agency;
                                          amount of such subgrant would be less                    22 school year (which can be early                       (3) Materially alter the budgetary
                                          than $5,000. An LEA that does not meet                   August in some States). During the                    impacts of entitlement grants, user fees,
                                          this minimum allocation requirement                      school closures following March 2020,                 or loan programs or the rights and
                                          may receive a subgrant only as part of                   many students experiencing                            obligations of recipients thereof; or
                                          a consortium with other LEAs if the                      homelessness became disengaged,                          (4) Raise novel legal or policy issues
                                          total of their combined allocations is at                stopped attending regularly or                        arising out of legal mandates, the
                                          least $5,000.                                            submitting assignments, became                        President’s priorities, or the principles
                                            (3) For the purpose of paragraph (c),                  chronically absent, or dropped out.                   stated in the Executive order.
                                          a consortium means a subgrantee that                     Those students will need intensive                       This regulatory action is an
                                          consists of more than one LEA.                           educationally related support services                economically significant regulatory
                                                                                                   beginning from the first day of the new               action subject to review by OMB under
                                          Waiver of Notice and Comment
                                                                                                   school year. A delay of even two months               section 3(f) of Executive Order 12866.
                                          Rulemaking and Delayed Effective Date
                                                                                                   to the final requirement and                          Pursuant to the Congressional Review
                                            Under the Administrative Procedure                                                                           Act (5 U.S.C. 801 et seq.), the Office of
                                                                                                   disbursement of funds for ARP
                                          Act (APA) (5 U.S.C. 553), the                                                                                  Information and Regulatory Affairs
                                                                                                   Homeless II will prolong the
                                          Department generally offers interested                                                                         designated this rule as a ‘‘major rule,’’
                                                                                                   interruptions in learning for hundreds
                                          parties the opportunity to comment on                                                                          as defined by 5 U.S.C. 804(2).
                                                                                                   of thousands of students experiencing
                                          proposed requirements. However, the                                                                               We have also reviewed this regulatory
                                          APA provides that an agency is not                       homelessness during the pandemic. The
                                                                                                   beginning of the school year is a critical            action under Executive Order 13563,
                                          required to conduct notice and                                                                                 which supplements and explicitly
                                          comment rulemaking when the agency                       time for identifying and connecting
                                                                                                   students experiencing homelessness to                 reaffirms the principles, structures, and
                                          for good cause finds that notice and                                                                           definitions governing regulatory review
                                          public comment thereon are                               remediation and support services. For
                                                                                                   example, if funds are not awarded to                  established in Executive Order 12866.
                                          impracticable, unnecessary, or contrary                                                                        To the extent permitted by law,
                                          to the public interest. 5 U.S.C. 553(b)(B).              LEAs before September, it will be
                                                                                                   difficult for schools to place students               Executive Order 13563 requires that an
                                          Here, there is good cause to waive                                                                             agency—
                                          notice and comment rulemaking due to                     who are identified as experiencing
                                                                                                                                                            (1) Propose or adopt regulations only
                                          the urgent needs of children and youth                   homelessness in classes at the
                                                                                                                                                         upon a reasoned determination that
                                          experiencing homelessness in light of                    appropriate grade level, delaying access
                                                                                                                                                         their benefits justify their costs
                                          the national pandemic, as going through                  to critical support services and
                                                                                                                                                         (recognizing that some benefits and
                                          the full rulemaking process would delay                  prolonging interruption in learning
                                                                                                                                                         costs are difficult to quantify);
                                          the awarding of these grants to SEAs                     caused by the pandemic.
                                                                                                                                                            (2) Tailor its regulations to impose the
                                          and LEAs.                                                   The APA also requires that
                                                                                                                                                         least burden on society, consistent with
                                            The good cause exception is                            regulations be published at least 30 days
                                                                                                                                                         obtaining regulatory objectives and
                                          appropriate ‘‘in emergency situations or                 before their effective date, unless the
                                                                                                                                                         taking into account, among other things,
                                          where delay could result in serious                      agency has good cause to implement its
                                                                                                                                                         and to the extent practicable, the costs
                                          harm.’’ See Jifry v. FAA, 370 F.3d 1174,                 regulations sooner (5 U.S.C. 553(d)(3)).
                                                                                                                                                         of cumulative regulations;
                                          1179 (D.C. Cir. 2004) (internal citations                As discussed above, because the ARP–
                                                                                                                                                            (3) In choosing among alternative
                                          omitted). ‘‘The public interest prong of                 HCY funds are needed to address the
                                                                                                                                                         regulatory approaches, select those
                                          the good cause exception to the APA                      immediate needs of homeless children
                                                                                                                                                         approaches that maximize net benefits
                                          notice and comment requirement is met                    and youth, the Secretary also has good
                                                                                                                                                         (including potential economic,
                                          only in the rare circumstance when                       cause to waive the 30-day delay in the
                                                                                                                                                         environmental, public health and safety,
                                          ordinary procedures—generally                            effective date of these requirements
                                                                                                                                                         and other advantages; distributive
                                          presumed to serve the public interest—                   under 5 U.S.C. 553(d)(3).
                                                                                                                                                         impacts; and equity);
                                          would in fact harm that interest.’’ Mack                 Executive Orders 12866 and 13563                         (4) To the extent feasible, specify
                                          Trucks Inc. v. E.P.A., 682 F.3d 87,                                                                            performance objectives, rather than the
                                          95 (D.C. Cir. 2012).                                     Regulatory Impact Analysis                            behavior or manner of compliance a
                                            The ARP–HCY funds are intended to                         Under Executive Order 12866, the                   regulated entity must adopt; and
                                          support the specific and urgent needs of                 Office of Management and Budget                          (5) Identify and assess available
                                          homeless children and youth due to the                   (OMB) must determine whether this                     alternatives to direct regulation,
                                          extraordinary impact of the pandemic                     regulatory action is ‘‘significant’’ and,             including economic incentives—such as
                                          on students experiencing homelessness,                   therefore, subject to the requirements of             user fees or marketable permits—to
                                          including reduced identification of such                 the Executive order and subject to                    encourage the desired behavior, or
                                          students, decreased enrollment in                        review by OMB. Section 3(f) of                        providing information that enables the
                                          school, interrupted classroom                            Executive Order 12866 defines a                       public to make choices.
                                          instruction, and challenges navigating                   significant regulatory action as an action               Executive Order 13563 also requires




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                                          services for shelter/housing, clothing                   likely to result in a rule that may—                  an agency ‘‘to use the best available
                                          and school supplies, food, and child                        (1) Have an annual effect on the                   techniques to quantify anticipated
                                          care. Due to the emergency nature of                     economy of $100 million or more, or                   present and future benefits and costs as
                                          this situation, there is not time for                    adversely affect a sector of the economy;             accurately as possible.’’ The Office of
                                          public notice and comment. By                            productivity; competition; jobs; the                  Information and Regulatory Affairs of
                                          establishing these requirements now,                     environment; public health or safety; or              OMB has emphasized that these


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                                                                Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations                                        36225

                                          techniques may include ‘‘identifying                     better coordinate services for those                  II disbursements. The Department
                                          changing future compliance costs that                    students in LEAs receiving funding                    already collects data from all LEAs in
                                          might result from technological                          through this formula. In addition, the                each State for homeless children and
                                          innovation or anticipated behavioral                     funding under ARP is more than seven                  youth, whether they receive a
                                          changes.’’                                               times greater than the usual                          McKinney-Vento subgrant or not.
                                            The Department has assessed the                        appropriation for this program. This
                                          potential costs and benefits, both                                                                             Analysis of Costs
                                                                                                   onetime emergency appropriation
                                          quantitative and qualitative, of this                    provides a unique opportunity to make                   The Department’s cost analysis shows
                                          regulatory action, and we are issuing                    funds more widely available than would                that making subgrants by formula is a
                                          these final requirements only on a                       be possible with the current                          less costly option overall. As discussed
                                          reasoned determination that their                        appropriation of $106.5 million for the               in the previous section, carrying out a
                                          benefits justify their costs. In choosing                Education for Homeless Children and                   competition is a complex, multistep
                                          among alternative regulatory                             Youth program under the McKinney-                     process that occurs over months. The
                                          approaches, we selected those                            Vento Homeless Assistance Act.                        Department estimates that it would take
                                          approaches that would maximize net                          The alternative, requiring SEAs to                 an SEA between 160 to 320 hours to
                                          benefits. Based on the analysis that                     conduct competitions before making                    conduct a competition, at an
                                          follows and the reasons stated                           awards, would place an additional                     approximate cost of $707,000 to
                                          elsewhere in this document, the                          burden on SEAs and LEAs, increase the                 $1,415,000 for 49 SEAs. (SEAs that
                                          Department believes that the final                       time needed to distribute funds, and                  consist of only one LEA would not need
                                          requirements are consistent with the                     result in fewer LEAs receiving funds. At              to carry out a competition.) The cost
                                          principles in Executive Order 13563.                     the SEA level, a typical competition                  estimates in this section are based on an
                                            We also have determined that this                      may take three to six months and                      hourly wage of $45.11, the mean wage
                                          regulatory action does not unduly                        requires developing selection criteria,               estimate for education administrators,
                                          interfere with State, local, or Tribal                   publishing those criteria, providing                  other, reported by the U.S. Bureau of
                                          governments in the exercise of their                     technical assistance and allowing time                Labor Statistics, which is multiplied by
                                          governmental functions.                                  for LEAs to develop applications,                     two to account for overhead and
                                            In this regulatory impact analysis, we                 recruiting and training reviewers,                    benefits.
                                          discuss the need for regulatory action,                  reviewing the applications, and making                  In addition, we estimate that LEAs
                                          the potential costs and benefits, and net                awards. In addition to the staff time                 applying for grants under a competition
                                          budget impacts. The main benefit of this                 needed to conduct a fair and transparent              would need 80 to 100 hours to prepare
                                          regulatory action is that funded services                competition, other expenses may                       an application. Because more funding is
                                          will get to more students identified as                  include compensation for reviewers and                available under the ARP than under the
                                          homeless in more LEAs more quickly in                    logistical support for the review process.            regular appropriation for the Education
                                          order to support them and address the                    At the LEA level, costs are incurred in               for Homeless Children and Youth
                                          impact of lost instructional time and the                the time needed to develop an                         program, we estimate that more LEAs
                                          other impacts of the pandemic and                        application, including identifying and                would apply and receive subgrants than
                                          virtual instruction. The estimated costs                 collaborating with partners, and the                  the 4,400 that currently receive
                                          and net budget impacts are described                     administrative processes needed to                    subgrants, and the cost estimate
                                          below.                                                   complete the application and obtain                   assumes that 5,000 LEAs would apply
                                            Elsewhere, under the Paperwork                         approval for submission. Some LEAs,                   for funds. Using wages as described
                                          Reduction Act of 1995, we identify and                   even those with high need, will decline               above, the estimated cost for
                                          explain burdens specifically associated                  to apply for competitive grants due to                applications for subgrants would be
                                          with information collection                              these costs and the uncertainty of                    approximately $36.1 million to $45.1
                                          requirements.                                            receiving a grant. In contrast, SEAs                  million, and the total cost for
                                                                                                   already have access to the data and                   distributing funds via a competition
                                          Need for Regulatory Action and                                                                                 would be approximately $36.8 million
                                          Analysis of Benefits                                     expertise required to run the proposed
                                                                                                   allocations formula as well as to systems             to $46.5 million.
                                             These final requirements are intended                 to award the funding to LEAs, as they                   In order to distribute funds via
                                          to expedite the award of emergency                       already administer other Federal                      formula the Department estimates that
                                          funds to serve homeless children and                     formula programs.                                     SEAs would need 10 to 15 hours to run
                                          youth. As discussed elsewhere in this                       We estimate that running a State-level             the formula and distribute funds, and
                                          document, the ARP–HCY program                            grant competition will take four to six               another 40 to 80 hours to conduct
                                          provides vital emergency funding to one                  months, and hundreds of staff hours,                  outreach to LEAs and help LEAs that
                                          of the most vulnerable populations. The                  depending on the number of LEAs in                    would receive less than $5,000 to create
                                          Department believes this regulatory                      the State who apply for a grant.                      consortia with other LEAs. Using wages
                                          action is needed to ensure that SEAs can                 However, awarding subgrants via a                     as described above, the estimated cost
                                          allocate funds to LEAs in a time-                        formula would take on average 10–20                   for 49 SEAs for these activities would be
                                          effective manner so that LEAs can begin                  hours, with an additional one to two                  $221,000 to $420,000. The estimated
                                          serving homeless children and youth.                     weeks for outreach and technical                      cost for LEAs to receive subgrants
                                          Requiring SEAs to make LEA subgrants                     assistance. At the LEA level, applying                assumes 5 to 10 hours to complete forms
                                          by formula allows funds to reach more                    for a competitive subgrant could take                 and minimal applications for formula
                                          LEAs, and therefore more students                        two weeks to develop and finalize an                  funding. The estimate also assumes that
                                          experiencing homelessness. These funds                   application; a formula subgrant might                 approximately 15,000 LEAs would




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                                          will support the work of the designated                  take up to 10 hours.                                  receive funding under the formula, far
                                          Homeless Liaison in each LEA, as                            In both scenarios, the reporting                   more than the 5,000 LEAs we estimate
                                          required by the McKinney-Vento Act,                      burden from the SEA to the Department                 would receive funding under a
                                          and build capacity in LEAs, which will                   is small, since the only new information              competition for subgrants. The
                                          help to identify greater numbers of                      the Department expects to collect is a                estimated costs to LEAs would be $6.8
                                          students experiencing homelessness and                   list of grantees for ARP Homeless I and               million to $13.5 million, and the total


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                                          36226                 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations

                                          estimated cost for distributing funds via                  The Secretary invites comments on                   create burden hours and costs for both
                                          formula would be $7.0 million to $14.0                   how to make this regulatory action                    LEAs and SEAs. Below we estimate the
                                          million. Taking the mean of this range,                  easier to understand, including answers               annual burden hours and costs for LEAs
                                          the estimated cost for distributing funds                to questions such as the following:                   to complete forms and minimal
                                          via formula would be $10.5 million.                        • Are the requirements in the                       applications. In addition, the
                                             Not only does distributing funds via                  regulatory action clearly stated?                     Department is requesting an ARP–HCY
                                          formula present a less costly option, but                  • Do the regulatory actions contain                 plan from each SEA. The burden hours
                                          it also provides several benefits over                   technical terms or other wording that                 and cost associated with completing and
                                          conducting a competition as discussed                    interferes with their clarity?                        submitting the SEA ARP–HCY plan are
                                          in other sections of this document. The                    • Does the format of the regulatory                 estimated below. The cost estimates in
                                          main benefits are that formula                           action (grouping and order of sections,               this section are based on an hourly wage
                                          distribution takes less time and would                   use of headings, paragraphing, etc.) aid              of $45.11, the mean wage estimate for
                                          allow LEAs to receive funds when the                     or reduce their clarity?                              education administrators, other,
                                          school year starts. Furthermore, more                      • Would the regulatory action be                    reported by the U.S. Bureau of Labor
                                          LEAs would receive funding, allowing                     easier to understand if we divided them               Statistics, which is multiplied by two to
                                          more students to receive services.                       into more (but shorter) sections?                     account for overhead and benefits, for a
                                                                                                     • Could the description of the                      total hourly wage estimate of $90.22.
                                          Net Budget Impacts                                       regulatory action in the SUPPLEMENTARY                  We estimate 7.5 burden hours for each
                                             We estimate that the discretionary                    INFORMATION section of this preamble be               of the approximately 15,000 LEAs to
                                          elements of the final requirements will                  more helpful in making the regulatory                 complete forms and minimal
                                          not have an impact on the Federal                        action easier to understand? If so, how?              applications for formula funding. The
                                          budget. The requirements for SEAs and                      • What else could we do to make the                 total estimated costs to LEAs would be
                                          LEAs receiving ARP–HCY funds do not                      regulatory action easier to understand?               $10,150,000 and the total estimated
                                          affect the amount of funding available                     To send any comments that concern                   burden hours would be 112,500.
                                          for this program. We anticipate that                     how the Department could make this                      We estimate that one plan will be
                                          $799 million in ARP–HCY funds will be                    regulatory action easier to understand,               received from 52 SEAs. For the time to
                                          disbursed in 2021, and therefore                         see the instructions in the ADDRESSES                 complete and submit the plan, we
                                          estimate $799 million in transfers in                    section.                                              estimate that the number of burden
                                          2021 relative to a pre-statutory baseline.                                                                     hours per response will be 22 hours.
                                                                                                    Paperwork Reduction Act of 1995
                                          Accounting Statement                                                                                           The total estimated number of burden
                                                                                                       As part of its continuing effort to               hours is 1,144 hours. At $90.22 per
                                             As required by OMB Circular A–4, in                    reduce paperwork and respondent                      hour, the total estimated cost for 52
                                          the following table, we have prepared                     burden, the Department provides the                  SEAs to complete and submit the ARP–
                                          an accounting statement showing the                       general public and Federal agencies                  HCY plan approximately $103,300.
                                          classification of the expenditures                        with an opportunity to comment on                      Collectively, we estimate that these
                                          associated with the provisions of this                    proposed and continuing collections of               new information collection activities
                                          regulatory action. This table provides                    information in accordance with the                   will result in a total estimated cost of
                                          our best estimate of the Federal                          Paperwork Reduction Act of 1995                      $10,253,300 and a total estimated
                                          payments to be made to SEAs under this                    (‘‘PRA’’) (44 U.S.C. 3501 et seq.). This             burden of 113,644 hours to the public
                                          program as a result of this regulatory                    helps ensure that the public                         annually.
                                          action. Expenditures are classified as                    understands the Department’s collection                The Department is requesting an
                                          transfers to those entities.                              instructions, respondents provide the                emergency paperwork clearance from
                                                                                                    requested data in the desired format,                OMB under 5 CFR 1320.13 on the data
                                                  TABLE—ACCOUNTING STATEMENT reporting burden (time and financial                                        collection activities associated with
                                             CLASSIFICATION OF ESTIMATED EX- resources) is minimized, collection                                         these final requirements. That request
                                             PENDITURES                                             instruments are clearly understood, and              will account for all burden hours and
                                                                                                    the Department can properly assess the               cost discussed within this section. As
                                                  Category                    Costs (in millions)   impact of collection requirements on                 required by 5 CFR 1320.8(d), the
                                          Annual Costs .................. $10.5.                    respondents.                                         Department is soliciting comments on
                                                                                                       A Federal agency may not conduct or               the information collection. We must
                                                  Category                  Transfers (in millions) sponsor a collection of information                  receive your comments on the collection
                                                                                                    unless OMB approves the collection                   activities contained in these final
                                          Annual Monetized Trans- $799.0.
                                            fers.                                                   under the PRA and the corresponding                  requirements on or before August 9,
                                          From Whom to Whom .... Federal Government to              information collection instrument                    2021. Comments related to the
                                                                            SEAs.                   displays a currently valid OMB control               information collection activities must be
                                                                                                    number. Notwithstanding any other                    submitted electronically through the
                                          Regulatory Flexibility Act Certification                  provision of the law, no person is                   Federal eRulemaking Portal at
                                             The Regulatory Flexibility Act does                    required to comply with, or is subject to            www.regulations.gov by selecting the
                                          not apply to this rulemaking because                      penalty for failure to comply with, a                Docket ID number ED–2021–OESE–xxx
                                          there is good cause to waive notice and                   collection of information if the                     or via postal mail, commercial delivery,
                                          comment under the Administrative                          collection instrument does not display a             or hand delivery by referencing the
                                          Procedure Act (5 U.S.C. 553).                             currently-valid OMB control number.                  Docket ID number and the title of the
                                                                                                       As discussed in the Need for                      information collection request at the top
                                          Clarity of the Regulatory Action




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                                                                                                    Regulatory Action and Analysis of                    of your comment. Comments submitted
                                             Executive Order 12866 and the                          Benefits section of the Regulatory                   by postal mail or delivery should be
                                          Presidential memorandum ‘‘Plain                           Impact Statement, this final                         addressed to the PRA Coordinator of the
                                          Language in Government Writing’’                          requirement that SEAs distribute the                 Strategic Collections and Clearance
                                          require each agency to write regulations ARP Homeless II funds to LEAs by                                      Governance and Strategy Division, U.S.
                                          that are easy to understand.                              formula rather than competition will                 Department of Education, 400 Maryland


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                                                                      Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations                                                                          36227

                                          Ave. SW, LBJ, Room 6W208D,                                               Note: The Office of Information and                                to the information collection activities
                                          Washington, DC 20202–8240.                                             Regulatory Affairs in OMB and the                                    posted at www.regulations.gov.
                                                                                                                 Department review all comments related

                                                                                                                         COLLECTION OF INFORMATION
                                                                                                                                                             Estimated                                           Total      Estimated cost
                                                                                 Information collection                                                                               Hours per
                                                                                                                                                              number                                          estimated      at an hourly
                                                                                        activity                                                                                      response
                                                                                                                                                             responses                                       burden hours   rate of $90.22

                                          LEA Completion of Forms and Applications to SEA .......................................                                    15,000                          7.5          112,500     $10,150,000
                                          SEA ARP–HCY Plans .....................................................................................                        52                          22             1,144         103,300

                                                Annualized Total .......................................................................................             15,052       ........................        113,644      10,253,300



                                          Intergovernmental Review                                               ENVIRONMENTAL PROTECTION                                             whose disclosure is restricted by statute.
                                             The ARP–HCY program is not subject                                  AGENCY                                                               Certain other material, such as
                                          to Executive Order 12372 and the                                                                                                            copyrighted material, is not placed on
                                          regulations in 34 CFR part 79.                                         40 CFR Part 52                                                       the internet and will be publicly
                                             Accessible Format: On request to the                                [EPA–R09–OAR–2020–0543; FRL–10024–                                   available only in hard copy form.
                                          program contact person listed under FOR                                68–Region 9]                                                         Publicly available docket materials are
                                          FURTHER INFORMATION CONTACT,                                                                                                                available through https://
                                          individuals with disabilities can obtain                               Air Plan Approval; California; El                                    www.regulations.gov, or please contact
                                          this document in an accessible format.                                 Dorado County Air Quality                                            the person identified in the FOR FURTHER
                                          The Department will provide the                                        Management District; South Coast Air                                 INFORMATION CONTACT section for
                                          requestor with an accessible format that                               Quality Management District                                          additional availability information. If
                                          may include Rich Text Format (RTF) or                                                                                                       you need assistance in a language other
                                                                                                                 AGENCY: Environmental Protection
                                          text format (txt), a thumb drive, an MP3                                                                                                    than English or if you are a person with
                                                                                                                 Agency (EPA).
                                          file, braille, large print, audiotape, or                                                                                                   disabilities who needs a reasonable
                                          compact disc, or other accessible format.                              ACTION: Final rule.
                                                                                                                                                                                      accommodation at no cost to you, please
                                             Electronic Access to This Document:
                                                                                                                 SUMMARY: The Environmental Protection                                contact the person identified in the FOR
                                          The official version of this document is
                                                                                                                 Agency (EPA) is taking final action to                               FURTHER INFORMATION CONTACT section.
                                          the document published in the Federal
                                                                                                                 approve revisions to the El Dorado
                                          Register. You may access the official                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                 County Air Quality Management District
                                          edition of the Federal Register and the                                                                                                     Arnold Lazarus, EPA Region IX, 75
                                                                                                                 (EDCAQMD) and the South Coast Air
                                          Code of Federal Regulations at                                                                                                              Hawthorne St., San Francisco, CA
                                          www.govinfo.gov. At this site you can                                  Quality Management District
                                                                                                                 (SCAQMD) portions of the California                                  94105. By phone: (415) 972–3024 or by
                                          view this document, as well as all other                                                                                                    email at Lazarus.Arnold@epa.gov.
                                          documents of this Department                                           State Implementation Plan (SIP). These
                                          published in the Federal Register, in                                  revisions concern emissions of volatile                              SUPPLEMENTARY INFORMATION:
                                          text or portable document format (PDF).                                organic compounds (VOC) from                                         Throughout this document, ‘‘we,’’ ‘‘us’’
                                          To use PDF you must have Adobe                                         architectural coatings and a rule that                               and ‘‘our’’ refer to the EPA.
                                          Acrobat Reader, which is available free                                provides definitions for certain terms
                                          at the site.                                                           that are necessary for the                                           Table of Contents
                                             You may also access documents of the                                implementation of local rules that                                   I. Proposed Action
                                          Department published in the Federal                                    regulate sources of air pollution. We are                            II. Public Comments and EPA Responses
                                          Register by using the article search                                   approving rules to regulate these                                    III. EPA Action
                                          feature at: www.federalregister.gov.                                   emission sources under the Clean Air                                 IV. Incorporation by Reference
                                          Specifically, through the advanced                                     Act (CAA or the Act).                                                V. Statutory and Executive Order Reviews
                                          search feature at this site, you can limit                             DATES: This rule is effective August 9,
                                          your search to documents published by                                  2021.                                                                I. Proposed Action
                                          the Department.                                                        ADDRESSES: The EPA has established a                                   On March 9, 2021 (86 FR 13514), the
                                          Ian Rosenblum,                                                         docket for this action under Docket ID                               EPA proposed to approve the following
                                          Deputy Assistant Secretary for Policy and                              No. EPA–R09–OAR–2020–0543. All                                       rules into the California SIP.
                                          Programs, Delegated the Authority to Perform                           documents in the docket are listed on
                                          the Functions and Duties of the Assistant                              the https://www.regulations.gov
                                          Secretary, Office of Elementary and                                    website. Although listed in the index,
                                          Secondary Education.                                                   some information is not publicly
                                          [FR Doc. 2021–14705 Filed 7–8–21; 8:45 am]                             available, e.g., Confidential Business
                                          BILLING CODE 4000–01–P                                                 Information (CBI) or other information

                                                                                                                                                                                                              Revised/
                                                       Local agency                           Rule #                                                 Rule title                                                               Submitted
                                                                                                                                                                                                              amended




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                                          EDCAQMD ................................                  215      Architectural Coatings ..................................................................         08/25/2020      09/21/2020
                                          SCAQMD ..................................                 102      Definition of Terms .......................................................................       01/10/2020      09/16/2020




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