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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations permitted by law, Executive Order 13563 requires that an agency 1 Propose or adopt regulations only upon 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 the final priority only on a reasoned determination that its benefits justify its costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits.
Based on the analysis that follows, the Department believes that this regulatory action is 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 administering the Departments programs and activities.

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Discussion of Potential Costs and Benefits The Department believes that the costs associated with the final priority will be minimal, while the benefits are significant. The Department believes that this regulatory action does not impose significant costs on eligible entities. Participation in this program is voluntary, and the costs imposed on applicants by this regulatory action will be limited to paperwork burden related to preparing an application. The benefits of implementing the program to focus attention on an identified need to address national, State, and local assessment issues related to students with disabilities, including students with disabilities who are also ELs, will outweigh the costs incurred by applicants, and the costs of carrying out activities associated with the application will be paid for with program funds. For these reasons, we have determined that the costs of implementation will not be excessively burdensome for eligible applicants, including small entities.
Regulatory Alternatives Considered The Department believes that the priority is needed to administer the program effectively.
Paperwork Reduction Act of 1995
The final priority contains information collection requirements that are approved by OMB under control number 18200028; the final priority does not affect the currently approved data collection.
Regulatory Flexibility Act Certification: The Secretary certifies that this final regulatory action will not have a significant economic impact on a substantial number of small entities.
The U.S. Small Business Administration SBA Size Standards define proprietary institutions as small businesses if they are independently owned and operated, are not dominant in their field of operation, and have total annual revenue below $7,000,000. Nonprofit institutions are defined as small entities if they are independently owned and operated and not dominant in their field of operation. Public institutions are defined as small organizations if they are operated by a government overseeing a population below 50,000.
The small entities that this final regulatory action will affect are SEAs;
LEAs, including charter schools that operate as LEAs under State law;
institutions of higher education; other public agencies; private nonprofit organizations; freely associated States and outlying areas; Indian Tribes or
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Tribal organizations; and for-profit organizations. We believe that the costs imposed on an applicant by the final priority and requirements will be limited to paperwork burden related to preparing an application and that the benefits of this final priority will outweigh any costs incurred by the applicant.
Participation in Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities and Technical Assistance on State Data CollectionNational Assessment Center program is voluntary. For this reason, the final priority will impose no burden on small entities unless they applied for funding under the program. We expect that in determining whether to apply for the Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities and Technical Assistance on State Data CollectionNational Assessment Center program funds, an eligible entity will evaluate the requirements of preparing an application and any associated costs and weigh them against the benefits likely to be achieved by receiving a Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities and Technical Assistance on State Data CollectionNational Assessment Center program grant. An eligible entity will most likely apply only if it determines that the likely benefits exceed the costs of preparing an application.
We believe that the final priority will not impose any additional burden on a small entity applying for a grant than the entity would face in the absence of the final action. That is, the length of the applications those entities would submit in the absence of the final regulatory action and the time needed to prepare an application will likely be the same.
This final regulatory action will not have a significant economic impact on a small entity once it receives a grant because it would be able to meet the costs of compliance using the funds provided under this program.
Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR
part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance.
This document provides early notification of our specific plans and actions for this program.

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