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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations priority. However, we do not give an application that meets the priority a preference over other applications 34
CFR 75.105c1.
Final Definitions:
The Department establishes the following definitions for the purposes of the National Comprehensive Center on Improving Literacy for Students with Disabilities Program. We may apply one or more of these definitions in any year in which this program is in effect. We include the source of each definition in parentheses.
Capacity-building services means assistance that strengthens an individuals or organizations ability to engage in continuous improvement and achieve expected outcomes. Final Priorities, Requirements, Definitions, and Performance Measures;
Comprehensive Centers Program 84 FR
13122, April 4, 2019.
Fidelity means the delivery of instruction in the way in which it was designed to be delivered. Final Priorities and Definitions; State Personnel Development Grants 77 FR
45944, August 2, 2012.
Intensive, sustained TA means TA
services often provided on-site and requiring a stable, ongoing relationship between the TA center staff and the TA
recipient. This category of TA should result in changes to policy, program, practice, or operations that support increased recipient capacity or improved outcomes at one or more systems levels.
Regional educational agency, for the purposes of this program, means Tribal Educational Agency as defined in ESEA section 6132b3, as well as other educational agencies that serve regional areas. Final Priorities, Requirements, Definitions, and Performance Measures; Comprehensive Centers Program 84 FR 13122, April 4, 2019.
TA services are defined as negotiated series of activities designed to reach a valued outcome.
Targeted, specialized TA means TA
services based on needs common to multiple recipients and not extensively individualized. A relationship is established between the TA recipient and one or more TA center staff. This category of TA includes one-time, laborintensive events, such as facilitating strategic planning or hosting regional or national conferences. It can also include episodic, less labor-intensive events that extend over a period of time, such as facilitating a series of conference calls on single or multiple topics that are designed around the needs of the recipients. Facilitating communities of
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practice can also be considered targeted, specialized TA.
Third-party evaluator is an independent and impartial program evaluator who is contracted by the grantee to conduct an objective evaluation of the project. This evaluator must not have participated in the development or implementation of any project activities, except for the evaluation activities, nor have any financial interest in the outcome of the evaluation.
Universal, general TA means TA and information provided to independent users through their own initiative, resulting in minimal interaction with TA center staff and including one-time, invited or offered conference presentations by TA center staff. This category of TA also includes information or products, such as newsletters, guidebooks, or research syntheses, downloaded from the TA
centers website by independent users.
Brief communications by TA center staff with recipients, either by telephone or email, are also considered universal, general TA.
Note: This notice does not solicit applications. In any year in which we choose to use this priority and these requirements and definitions, we invite applications through a notice in the Federal Register.

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, 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.

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This final regulatory action is not a significant regulatory action subject to review by OMB under section 3f of Executive Order 12866. Pursuant to the Congressional Review Act 5 U.S.C. 801
et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5
U.S.C. 8042.
We have also reviewed this final 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 issuing the final priority, requirement, and definitions 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
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