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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations Regulatory Flexibility Act Certification The Regulatory Flexibility Act does not apply to this rulemaking because there is good cause to waive notice-andcomment rulemaking under the APA 5
U.S.C. 553.
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, reporting burden time and financial resources is minimized, collection instruments are clearly understood, and the Department can properly assess the impact of collection requirements on respondents.
A Federal agency may not conduct or sponsor a collection of information unless OMB approves the collection under the PRA and the corresponding information collection instrument displays a currently valid OMB control number. Notwithstanding any other provision of the law, no person is required to comply with, or is subject to penalty for failure to comply with, a collection of information if the collection instrument does not display a currently valid OMB control number.
As discussed in the Analysis of Costs and Benefits section of the Regulatory Impact Analysis, the Department believes this regulatory action does not impose significant new cost-bearing requirements on SEAs or other entities and that it primarily serves to clarify or give specific meaning to statutory requirements for SEAs. The final
requirements for determining nonpublic schools to be served and determining low-income counts allow SEAs to use generally available data and employ standards SEAs are familiar with, thereby minimizing cost and burden. The requirement that SEAs provide transparency in program administration, however, by publishing on their website the minimum percentage used to determine whether a non-public school enrolls a significant percentage of students from low-income families, the sources of poverty data, and the factors to be used to determine whether a school is most impacted by the COVID19 emergency imposes a cost and burden hours on SEAs. In addition, the ARP EANS application will impose a cost and burden hours on SEAs. Those costs and burdens are discussed below.
For the final requirement to provide transparency in program administration by publishing on the SEA website the minimum percentage used to determine whether a non-public school enrolls a significant percentage of students from low-income families and the factors to be used to determine whether a school is most impacted by the COVID19
emergency, we estimate that each SEA
will need two hours to comply with the website posting requirement. At $97.28
per hour, the total estimated cost for 52
SEAs including the District of Columbia and the Commonwealth of Puerto Rico is approximately $10,100, and the total estimated burden is 104
hours.
We estimate that one application will be prepared by each eligible SEA and submitted through the Governor of the respective State. For the time to complete the application, we estimate that the number of burden hours per response will be two hours. The total estimated number of burden hours is
36655

104 hours. At $97.28 per hour, the total estimated cost for 52 SEAs to complete the ARP EANS application including the District of Columbia and the Commonwealth of Puerto Rico is also approximately $10,100.
Collectively, we estimate that these new information collection activities will result in a total estimated cost of $20,200 and a total estimated burden of 208 hours to the public annually. The Department is requesting an emergency paperwork clearance from OMB under 5
CFR 1320.13 on the OMB 18100741
data collection associated with these final requirements. That request will account for all burden hours and costs discussed within this section.
Consistent with 5 CFR 1320.8d, the Department is also soliciting comments on the information collection. We must receive your comments on the collection activities contained in these final requirements on or before September 13, 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 ED2021SCC0101
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 Ave. SW, LBJ, Room 6W208D, Washington, DC 202028240.
Note: The Office of Information and Regulatory Affairs and the Department review all comments related to the information collection activities posted at www.regulations.gov.

COLLECTION OF INFORMATION
Estimated number responses
Information collection activity
Estimated cost at an hourly rate of $97.28

SEA Transparency
SEA ARP EANS Application

52
52

2
2

104
104

$10,100
10,100

Annualized Total

104

4

208

20,200

Intergovernmental Review jbell on DSKJLSW7X2PROD with RULES

Total estimated burden hours
Hours per response
The ARP EANS program is not subject to Executive Order 12372 and the regulations in 34 CFR part 79.
Accessible Format: On request to the program contact person listed under FOR
FURTHER INFORMATION CONTACT,
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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, compact disc, or other accessible format.
Electronic Access to This Document:
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