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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
estimated cost for distributing funds via formula would be $7.0 million to $14.0
million. Taking the mean of this range, the estimated cost for distributing funds via formula would be $10.5 million.
Not only does distributing funds via formula present a less costly option, but it also provides several benefits over conducting a competition as discussed in other sections of this document. The main benefits are that formula distribution takes less time and would allow LEAs to receive funds when the school year starts. Furthermore, more LEAs would receive funding, allowing more students to receive services.
Net Budget Impacts We estimate that the discretionary elements of the final requirements will not have an impact on the Federal budget. The requirements for SEAs and LEAs receiving ARPHCY funds do not affect the amount of funding available for this program. We anticipate that $799 million in ARPHCY funds will be disbursed in 2021, and therefore estimate $799 million in transfers in 2021 relative to a pre-statutory baseline.

The Secretary invites comments on how to make this regulatory action easier to understand, including answers to questions such as the following:
Are the requirements in the regulatory action clearly stated?
Do the regulatory actions contain technical terms or other wording that interferes with their clarity?
Does the format of the regulatory action grouping and order of sections, use of headings, paragraphing, etc. aid or reduce their clarity?
Would the regulatory action be easier to understand if we divided them into more but shorter sections?
Could the description of the regulatory action in the SUPPLEMENTARY
INFORMATION section of this preamble be more helpful in making the regulatory action easier to understand? If so, how?
What else could we do to make the regulatory action easier to understand?
To send any comments that concern how the Department could make this regulatory action easier to understand, see the instructions in the ADDRESSES
section.

Paperwork Reduction Act of 1995
As part of its continuing effort to reduce paperwork and respondent burden, the Department provides the general public and Federal agencies with an opportunity to comment on proposed and continuing collections of information in accordance with the Paperwork Reduction Act of 1995
PRA 44 U.S.C. 3501 et seq.. This helps ensure that the public understands the Departments collection instructions, respondents provide the requested data in the desired format, TABLEACCOUNTING STATEMENT reporting burden time and financial CLASSIFICATION OF ESTIMATED EXresources is minimized, collection instruments are clearly understood, and PENDITURES
the Department can properly assess the Category Costs in millions impact of collection requirements on respondents.
Annual Costs $10.5.
A Federal agency may not conduct or Category Transfers in millions sponsor a collection of information unless OMB approves the collection Annual Monetized Trans- $799.0.
under the PRA and the corresponding fers.
From Whom to Whom Federal Government to information collection instrument SEAs.
displays a currently valid OMB control number. Notwithstanding any other Regulatory Flexibility Act Certification provision of the law, no person is required to comply with, or is subject to The Regulatory Flexibility Act does penalty for failure to comply with, a not apply to this rulemaking because collection of information if the there is good cause to waive notice and collection instrument does not display a comment under the Administrative currently-valid OMB control number.
Procedure Act 5 U.S.C. 553.
As discussed in the Need for Clarity of the Regulatory Action Regulatory Action and Analysis of Executive Order 12866 and the Benefits section of the Regulatory Presidential memorandum Plain Impact Statement, this final Language in Government Writing requirement that SEAs distribute the require each agency to write regulations ARP Homeless II funds to LEAs by that are easy to understand.
formula rather than competition will
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Accounting Statement As required by OMB Circular A4, in the following table, we have prepared an accounting statement showing the classification of the expenditures associated with the provisions of this regulatory action. This table provides our best estimate of the Federal payments to be made to SEAs under this program as a result of this regulatory action. Expenditures are classified as transfers to those entities.

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create burden hours and costs for both LEAs and SEAs. Below we estimate the annual burden hours and costs for LEAs to complete forms and minimal applications. In addition, the Department is requesting an ARPHCY
plan from each SEA. The burden hours and cost associated with completing and submitting the SEA ARPHCY plan are estimated below. The cost estimates in this section are based on an hourly wage of $45.11, the mean wage estimate for education administrators, other, reported by the U.S. Bureau of Labor Statistics, which is multiplied by two to account for overhead and benefits, for a total hourly wage estimate of $90.22.
We estimate 7.5 burden hours for each of the approximately 15,000 LEAs to complete forms and minimal applications for formula funding. The total estimated costs to LEAs would be $10,150,000 and the total estimated burden hours would be 112,500.
We estimate that one plan will be received from 52 SEAs. For the time to complete and submit the plan, we estimate that the number of burden hours per response will be 22 hours.
The total estimated number of burden hours is 1,144 hours. At $90.22 per hour, the total estimated cost for 52
SEAs to complete and submit the ARP
HCY plan approximately $103,300.
Collectively, we estimate that these new information collection activities will result in a total estimated cost of $10,253,300 and a total estimated burden of 113,644 hours to the public annually.
The Department is requesting an emergency paperwork clearance from OMB under 5 CFR 1320.13 on the data collection activities associated with these final requirements. That request will account for all burden hours and cost discussed within this section. As required by 5 CFR 1320.8d, the Department is soliciting comments on the information collection. We must receive your comments on the collection activities contained in these final requirements on or before August 9, 2021. Comments related to the information collection activities must be submitted electronically through the Federal eRulemaking Portal at www.regulations.gov by selecting the Docket ID number ED2021OESExxx or via postal mail, commercial delivery, or hand delivery by referencing the Docket ID number and the title of the information collection request at the top of your comment. Comments submitted by postal mail or delivery should be addressed to the PRA Coordinator of the Strategic Collections and Clearance Governance and Strategy Division, U.S.
Department of Education, 400 Maryland
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