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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules c A child participating in an early learning program, a student enrolled in preschool through grade 12, or a student enrolled in career and technical education or postsecondary education who has a parent or guardian who is a veteran of the uniformed services as defined by 37 U.S.C. 101.
Minority-serving institution MSI
means an institution that is eligible to receive assistance under sections 316
through 320 of part A of title III, under part B of title III, or under title V of the HEA.
Tribal College or University has the meaning ascribed it in section 316b3
of the HEA.
Underserved student means a student which may include children in early learning environments, students in K
12 programs, students in postsecondary education or career and technical education, and adult learners, as appropriate in one or more of the following subgroups:
a A student who is living in poverty or is served by schools with high concentrations of students living in poverty.
b A student of color.
c A student who is a member of a federally recognized Indian Tribe.
d An English learner.
e A child or student with a disability.
f A disconnected youth.
g A migrant student.
h A student experiencing homelessness or housing insecurity.
i A lesbian, gay, bisexual, transgender, queer, or intersex LGBTQ+ student.
j A student who is in foster care.
k A student without documentation of immigration status.
l A pregnant, parenting, or caregiving student.
m A student impacted by the justice system, including a formerly incarcerated student.
n A student who is the first in their family to attend postsecondary education.
o A student enrolling in or seeking to enroll in postsecondary education for the first time at the age of 20 or older.
p A student who is working fulltime while enrolled in postsecondary education.
q A student who is enrolled in or is seeking to enroll in postsecondary education who is eligible for a Pell Grant.
r An adult student in need of improving their basic skills or an adult student with limited English proficiency.
s A student performing significantly below grade level.

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Universal design for learning has the meaning ascribed it in section 10324 of the HEA.
Final Priorities and Definitions:
We will announce the final priorities and definitions in a document published in the Federal Register. We will determine the final priorities and definitions after considering responses to the proposed priorities and definitions and other information available to the Department. This document does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in which we choose to use these priorities and definitions, we invite applications through a notice inviting applications in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis Under Executive Order 12866, the Office of Management and Budget OMB must determine whether this regulatory action is significant and, therefore, subject to the requirements of the Executive order and subject to review by OMB. Section 3f of Executive Order 12866 defines a significant regulatory action as an action likely to result in a rule that may 1 Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities in a material way also referred to as an economically significant rule;
2 Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;
3 Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4 Raise novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles stated in the Executive order.
This proposed regulatory action is a significant regulatory action subject to review by OMB under section 3f of Executive Order 12866.
We have also reviewed this proposed regulatory action under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent
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permitted by law, Executive Order 13563 requires that an agency 1 Propose or adopt regulations only on a reasoned determination that their benefits justify their costs recognizing that some benefits and costs are difficult to quantify;
2 Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into accountamong other things and to the extent practicablethe costs of cumulative regulations;
3 In choosing among alternative regulatory approaches, select those approaches that maximize net benefits including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity;
4 To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and 5 Identify and assess available alternatives to direct regulation, including economic incentivessuch as user fees or marketable permitsto encourage the desired behavior, or provide information that enables the public to make choices.
Executive Order 13563 also requires an agency to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.
We are issuing these proposed priorities and definitions only on a reasoned determination that their benefits would justify their costs. In choosing among alternative regulatory approaches, we selected those approaches that would maximize net benefits. Based on an analysis of anticipated costs and benefits, we believe that these proposed priorities and definitions are consistent with the principles in Executive Order 13563.
We also have determined that this regulatory action does not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions.
In accordance with these Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. The potential costs are those resulting from statutory requirements and those we have determined as necessary for
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