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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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/
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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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