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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
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 this final priority and definition only on a reasoned determination that their benefits justify their 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.
The Department believes that this regulatory action will not impose significant costs on eligible entities, whose participation in our programs is voluntary, and costs can generally be covered with grant funds. As a result, the priority and definition will not impose any particular burden except when an entity voluntarily elects to apply for a grant. The benefits of the priority and definition will outweigh any associated costs because they will help ensure that the Departments TSL
grant program selects high-quality applicants to implement activities that are designed to address High-Need Schools.
Regulatory Flexibility Act Certification: The Secretary certifies that this regulatory action does not have a significant economic impact on a substantial number of small entities.
The U.S. Small Business Administration 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 regulatory action would affect are school districts, nonprofit organizations, and for-profit
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organizations. Of the impacts we estimate accruing to grantees or eligible entities, all are voluntary and related mostly to an increase in the number of applications prepared and submitted annually for competitive grant competitions. Therefore, we do not believe that the priority and definition would significantly impact small entities beyond the potential for increasing the likelihood of their applying for, and receiving, competitive grants from the Department.
Paperwork Reduction Act of 1995:
The priority and definition contain information collection requirements that are approved by OMB under OMB
control number 18100758; the priority and definition do not affect the currently approved data collection. An FY 2021 competition would require applicants to complete and submit an application for Federal assistance using Department standard application forms.
As a part of the application submission, respondents, who are LEAs, State educational agencies, the Bureau of Indian Education, nonprofit or for-profit organizations, or a combination thereof, will submit information demonstrating that each school included in the TSLassisted project is a High-Need school.
We estimate that for the FY 2021 TSL
competition and later competitions, each applicant will spend approximately 87 hours of staff time to address the priority and definition.
Based on the number of applications the Department received in the FY 2020
TSL competition, we expect to receive approximately 100 applications for these funds. The total number of hours for all expected applicants to address this priority and definition is an estimated 8,700 hours.
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.
Accessible Format: On request to the program contact person listed under FOR
FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format.
The Department will provide the requestor with an accessible format that may include Rich Text Format RTF or text format txt, a thumb drive, an MP3

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file, braille, large print, audiotape, or compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at:
www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format PDF. To use PDF you must have Adobe Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov.
Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.
Ian Rosenblum, Deputy Assistant Secretary for Policy and Programs Delegated the Authority to Perform the Functions and Duties of the Assistant Secretary, Office of Elementary and Secondary Education.
FR Doc. 202114712 Filed 7821; 8:45 am BILLING CODE 400001P

DEPARTMENT OF EDUCATION
34 CFR Chapter II
RIN 1801AA24

Final Requirements; American Rescue Plan Act Homeless Children and Youth Program Office of Elementary and Secondary Education, Department of Education.
ACTION: Final requirements.
AGENCY:

The Department of Education Department establishes requirements for the Homeless Children and Youth program ARPHCY, under section 2001b1 of the American Rescue Plan Act of 2021 ARP Act. These requirements are intended to clarify program requirements and streamline and clarify the process for State educational agencies SEAs to award subgrants to local educational agencies LEAs.
DATES: These final requirements take effect July 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Deborah Spitz, U.S. Department of Education, 400 Maryland Avenue SW, Room 3W200, Washington, DC 20202.
Telephone: 202 2603793. Email:
deborah.spitz@ed.gov.
SUMMARY:

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09JYR1