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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Rules and Regulations
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color graphics. Pursuant to section 201b of the Tobacco Control Act, the rule was published with an effective date of June 18, 2021, 15 months after the date of publication of the final rule.
On April 3, 2020, the final rule was challenged in the U.S. District Court for the Eastern District of Texas.1 On May 8, 2020, the court granted a joint motion to govern proceedings in that case and postpone the effective date of the final rule by 120 days.2 On December 2, 2020, the court granted a new motion by the plaintiffs to postpone the effective date of the final rule by an additional 90
days.3 On March 2, 2021, the court granted another motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.4 On May 21, 2021, the court granted another motion by the plaintiffs to postpone the effective date of the final rule by an additional 90 days.5 The court ordered that the new effective date of the final rule is July 13, 2022. Pursuant to the court order, any obligation to comply with a deadline tied to the effective date is similarly postponed, and those obligations and deadlines are now tied to the postponed effective date.
To the extent that 5 U.S.C. 553 applies to this action, the Agencys implementation of this action without opportunity for public comment, effective immediately upon publication today in the Federal Register, is based on the good cause exception in 5 U.S.C.
553bB. Seeking public comment is impracticable, unnecessary, and contrary to the public interest. The 90day postponement of the effective date, until July 13, 2022, is required by court order in accordance with the courts authority to postpone a rules effective date pending judicial review 5 U.S.C.
705. Seeking prior public comment on this postponement would have been impracticable, as well as contrary to the public interest in the orderly issuance and implementation of regulations.
1 R.J. Reynolds Tobacco Co. et al. v. United States Food and Drug Administration et al., No. 6:20cv 00176 E.D. Tex. filed April 3, 2020.
2 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. May 8, 2020 order granting joint motion and establishing schedule, Doc. No. 33.
3 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. December 2, 2020 order granting Plaintiffs motion and postponing effective date, Doc. No. 80.
4 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. March 2, 2021 order granting Plaintiffs motion and postponing effective date, Doc. No. 89.
5 R.J. Reynolds Tobacco Co., No. 6:20cv00176
E.D. Tex. May 21, 2021 order granting Plaintiffs motion and postponing effective date, Doc. No. 91.

VerDate Sep<11>2014

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Dated: June 24, 2021.
Janet Woodcock, Acting Commissioner of Food and Drugs.
Dated: July 06, 2021.
Xavier Becerra, Secretary, Department of Health and Human Services.
FR Doc. 202114678 Filed 7921; 8:45 am BILLING CODE 416401P

DEPARTMENT OF EDUCATION
34 CFR Chapter II
Docket ID ED2021OESE0036

Final Priorities and Requirement Innovative Approaches to Literacy Office of Elementary and Secondary Education OESE, Department of Education.
ACTION: Final priorities and requirement.
AGENCY:

The Department of Education Department announces four priorities and one requirement under the Innovative Approaches to Literacy IAL
program, Assistance Listing Number 84.215G. The Department may use one or more of these priorities and requirement for competitions in fiscal year FY 2021 and later years.
DATES: These priorities are effective August 11, 2021.
FOR FURTHER INFORMATION CONTACT:
Simon Earle, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E254, Washington, DC 20202
6450. Telephone: 202 4537923.
Email: Simon.Earle@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.
SUMMARY:

SUPPLEMENTARY INFORMATION:

Purpose of Program: The IAL program supports high-quality programs designed to develop and improve literacy skills for children and students from birth through 12th grade in highneed local educational agencies LEAs and schools. The Department intends to promote innovative literacy programs that support the development of literacy skills in low-income communities, including programs that: 1 Develop and enhance effective school library programs, which may include providing professional development for school librarians, books, and up-to-date materials to high-need schools; 2
provide early literacy services, including pediatric literacy programs through which, during well-child visits,
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medical providers trained in researchbased methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and 3
provide high-quality books on a regular basis to children and adolescents from low-income communities to increase reading motivation, performance, and frequency.
Program Authority: 20 U.S.C. 6646.
We published a notice of proposed priorities and requirement NPP for this program in the Federal Register on April 6, 2021 86 FR 17757. The priorities included in the NPP were:
Proposed Priority 1Projects, Carried Out in Coordination with School Libraries, for Book Distribution, Childhood Literacy Activities, or Both;
Proposed Priority 2Providing a Learning Environment That Is Racially, Ethnically, Culturally, Disability and Linguistically Responsive and Inclusive, Supportive, and Identity-safe; Proposed Priority 3Supporting Students in Urban Areas; and Proposed Priority 4
Supporting Students from Low-Income Families. The requirement included in the NPP set forth eligibility criteria. The NPP contained background information and our reasons for proposing the particular priorities and requirement.
There are differences between Proposed Priority 2 and Final Priority 2
as discussed in the Analysis of Comments and Changes section elsewhere in this notice. Except for minor editorial and technical revisions, there are no significant changes to Priorities 1, 3, and 4 and the requirement from the NPP.
Public Comment: In response to our invitation in the NPP, 28 parties submitted comments, which, in total, addressed all four of the proposed priorities and requirement. Two comments were not relevant to the proposed priorities and are not included in the discussions below. We group major issues according to subject.
Generally, we do not address technical and other minor changes, or suggested changes the law does not authorize us to make under the applicable statutory authority. In addition, we do not address the two comments that were not directly related to the NPP.
Analysis of Comments and Changes:
An analysis of the comments and of any changes in the priorities and requirement since publication of the NPP follows.
Comment: One commenter applauded the Department for supporting school library programs during the COVID19

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