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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
Cumberland River from mile marker 191.1 to mile marker 191.5.
b Definitions: As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector Ohio Valley COTP in the enforcement of the safety zone.
c Regulations. 1 Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph a of this section unless authorized by the COTP
or the COTPs designated representative.
2 To seek permission to enter, contact the COTP or the COTPs representative by VHFFM radio channel 16 or phone at 1800253
7465. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
d Enforcement periods. This rule will be enforced from 2 p.m. until 6:30
p.m. on August 6, 2021, from noon until 5 p.m. on August 7, 2021, and from 4:30
p.m. until 7 p.m. on August 8, 2021.
Dated: July 1, 2021.
A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
FR Doc. 202114644 Filed 71221; 8:45 am BILLING CODE 911004P

DEPARTMENT OF EDUCATION
34 CFR Chapter II
RIN 1810AB63

American Rescue Plan Act Emergency Assistance to Non-Public Schools Program Office of Elementary and Secondary Education, Department of Education.
ACTION: Final requirements.
AGENCY:

The U.S. Department of Education Department establishes requirements for the American Rescue Plan Emergency Assistance to NonPublic Schools ARP EANS program under the American Rescue Plan Act of 2021 ARP Act. This document is intended to clarify the requirements applicable to the ARP EANS program, including the requirement to provide services or assistance to non-public schools that enroll a significant percentage of students from low-income families and are most impacted by the novel Coronavirus Disease 2019
COVID19 emergency.

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SUMMARY:

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These final requirements are effective July 13, 2021.
FOR FURTHER INFORMATION CONTACT: Britt Jung, U.S. Department of Education, 400
Maryland Avenue SW, Washington, DC
20202. Email: EANS@ed.gov.
If you use a telecommunications device for the deaf TDD or a text telephone TTY, call the Federal Relay Service FRS, toll free, at 1800877
8339.
DATES:

SUPPLEMENTARY INFORMATION:

Purpose of Program: Section 2002 of the ARP Act, titled Emergency Assistance to Non-Public Schools, appropriates $2,750,000,000 for the Department to make allocations to Governors under the ARP EANS
program to provide services or assistance to non-public schools that enroll a significant percentage of students from low-income families and are most impacted by the COVID19
emergency. 1
Program Authority: ARP Act, Public Law 1172, March 11, 2021.
Background: The ARP Act extends the EANS program authorized under section 312d of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 CRRSA Act, with two exceptions: 1 A State educational agency SEA may only provide services or assistance under ARP EANS to non-public schools that enroll a significant percentage of students from low-income families and are most impacted by the COVID19
emergency, and 2 an SEA may not use ARP EANS funds to provide reimbursements to any non-public school.
Under the ARP EANS program, consistent with section 312d1 of division M of the CRRSA Act, the Department will allot funds by formula to each Governor with an approved application based on the States relative share of children aged 5 through 17 who are from families at or below 185
percent of the 2020 Federal poverty level and enrolled in non-public schools, as determined by the Department on the basis of non-public school enrollment data from the U.S.
Census Bureaus American Community Survey ACS Public Use Microdata Sample PUMS for 20152019, which can be accessed here: https
www.census.gov/programs-surveys/acs/
microdata.html. The amount available 1 Under these final requirements, students from low-income families has the same meaning as low-income students under section 2002a of the ARP Act. Students from low-income families is a term used in section 312d of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021.

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to each State may be found at: https
oese.ed.gov/offices/educationstabilization-fund/emergencyassistance-non-public-schools/.
As described in more detail below, the Secretary of Education Secretary is establishing final requirements for the ARP EANS program to 1 make clear that, with the exceptions noted above, the requirements of the EANS program authorized under section 312d of division M of the CRRSA Act CRRSA
EANS apply to ARP EANS, and 2
establish guidelines to determine that a non-public school enrolls a significant percentage of students from low-income families and is most impacted by the COVID19 emergency.
Prior to issuing these final requirements, the Department invited comment regarding implementation of the requirement to provide services or assistance to non-public schools that enroll a significant percentage of students from low-income families and are most impacted by the COVID19
emergency as part of the Notice Inviting Applications and Announcing Allocations for the Emergency Assistance to Non-Public Schools Program Under the American Rescue Plan Act of 2021, issued on April 12, 2021.2 The Department received 66
comments, which it reviewed and considered in developing these final requirements.
With respect to the significant poverty percentage, comments generally fell into three groups that advocated for: 1
Establishing a specific significant poverty percentage, as high as 75
percent; 2 prioritizing schools in the same manner as under the CRRSA
EANS program; or 3 providing a State discretion to determine the significant poverty percentage for non-public schools within the State. Commenters advocating for a specific high poverty percentage did so on the premise that it would ensure that resources are targeted to the most under-resourced communities, which they assert is consistent with congressional intent.
Multiple commenters noted that a 75percent poverty percentage would align with the definition of a high-poverty school used by the National Center for Education Statistics and the threshold for serving public schools in rank order, without regard to grade spans, applicable to within-district allocations under title I, part A title I of the Elementary and Secondary Education Act of 1965 ESEA see section 1113a3A of the ESEA. By contrast, other commenters asserted that an 2 https oese.ed.gov/files/2021/04/FINAL-ARPEANS-notice-4.12.21.pdf.

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