Voglio sapere a riguardo di…

12142

Federal Register / Vol. 86, No. 39 / Tuesday, March 2, 2021 / Proposed Rules
Absolute priority: Under an absolute priority, we consider only applications that meet the priority 34 CFR
75.105c3.
Competitive preference priority:
Under a competitive preference priority, we give competitive preference to an application by 1 awarding additional points, depending on the extent to which the application meets the priority 34 CFR 75.105c2i; or 2 selecting an application that meets the priority over an application of comparable merit that does not meet the priority 34 CFR
75.105c2ii.
Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications 34
CFR 75.105c1.
Final Priority and Requirements We will announce the final priority and requirements in a document in the Federal Register. We will determine the final priority and requirements after considering responses to the proposed priority and requirements, 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 the proposed priority and requirements, we invite applications through a notice in the Federal Register.

jbell on DSKJLSW7X2PROD with PROPOSALS

Executive Orders 12866 and 13563
Regulatory Impact Analysis Under Executive Order 12866, the Office of Management and Budget OMB determines 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,
VerDate Sep<11>2014

16:34 Mar 01, 2021

Jkt 253001

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 not 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 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 proposing the priority and requirements 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 the analysis that follows, the Department believes that this regulatory action is
PO 00000

Frm 00024

Fmt 4702

Sfmt 4702

consistent with the principles in Executive Order 13563.
We also have determined that this regulatory action would not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions.
In accordance with both 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. The costs would include the time and effort in responding to the priority and requirements for entities that choose to respond. In addition, we have considered the potential benefits of this regulatory action and have noted these benefits in the background section of this document.
Clarity of the Regulations Executive Order 12866 and the Presidential memorandum Plain Language in Government Writing require each agency to write regulations that are easy to understand.
The Secretary invites comments on how to make the proposed priority and requirements easier to understand, including answers to questions such as the following:
Are the requirements in the proposed regulations clearly stated?
Do the proposed regulations contain technical terms or other wording that interferes with their clarity?
Does the format of the proposed regulations grouping and order of sections, use of headings, paragraphing, etc. aid or reduce their clarity?
Would the proposed regulations be easier to understand if we divided them into more but shorter sections?
Could the description of the proposed regulations in the SUPPLEMENTARY INFORMATION section of this preamble be more helpful in making the proposed regulations easier to understand? If so, how?
What else could we do to make the proposed regulations easier to understand?
To send any comments that concern how the Department could make these proposed regulations easier to understand, see the instructions in the ADDRESSES section.
Regulatory Flexibility Act Certification: The Secretary certifies that this proposed regulatory action would not have a significant economic impact on a substantial number of small entities. The U.S. Small Business
E:FRFM02MRP1.SGM

02MRP1