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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations
3 The proposed management plan will ensure that the products and services provided are of high quality, relevant, and useful to recipients; and 4 The proposed project will benefit from a diversity of perspectives, including those of families, educators, TA providers, researchers, and policy makers, among others, in its development and operation.
f Address the following application requirements. The applicant must 1 Include, in Appendix A, personnel-loading charts and timelines, as applicable, to illustrate the management plan described in the narrative; 7
2 Include, in the budget, attendance at the following:
i A one and one-half day kick-off meeting in Washington, DC, or virtually, after receipt of the award, and an annual planning meeting in Washington, DC, or virtually, with the OSEP project officer and other relevant staff during each subsequent year of the project period.
Note: Within 30 days of receipt of the award, a post-award teleconference must be held between the OSEP project officer and the grantees project director or other authorized representative;

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ii A two and one-half day project directors conference in Washington, DC, or virtually, during each year of the project period;
iii Two annual two-day trips, or virtually, to attend Department briefings, Department-sponsored conferences, and other meetings, as requested by OSEP; and iv A one-day intensive 3+2 review meeting in Washington, DC, or virtually, during the second year of the project period;
3 Include, in the budget, a line item for an annual set-aside of five percent of the grant amount to support emerging needs that are consistent with the proposed projects intended outcomes, as those needs are identified in consultation with, and approved by, the OSEP project officer. With approval from the OSEP project officer, the project must reallocate any remaining funds from this annual set-aside no later than the end of the third quarter of each budget period;
4 Maintain a high-quality website, with an easy-to-navigate design, that meets government or industryrecognized standards for accessibility;
7 OSEP has found that a minimum of a threequarter time equivalency 0.75 FTE in the role of project director or divided between a half-time equivalency in the role of the project director and a quarter-time equivalency in the role of a coproject director is necessary to ensure effective implementation of the management plan and that products and services provided are of high quality, relevant, and useful to recipients.

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5 Ensure that annual project progress toward meeting project goals is posted on the project website; and 6 Include, in Appendix A, an assurance to assist OSEP with the transfer of pertinent resources and products and to maintain the continuity of services to States during the transition to a new award at the end of this award period, as appropriate.
Fourth and Fifth Years of the Project:
In deciding whether to continue funding the project for the fourth and fifth years, the Secretary will consider the requirements of 34 CFR 75.253a, including a The recommendations of a 3+2
review team consisting of experts who have experience and knowledge in providing technical assistance to SEA
and LEA personnel in including students with disabilities in assessments and accountability systems. This review will be conducted during a one-day intensive meeting that will be held during the last half of the second year of the project period;
b The timeliness with which, and how well, the requirements of the negotiated cooperative agreement have been or are being met by the project; and c The quality, relevance, and usefulness of the projects products and services and the extent to which the projects products and services are aligned with the projects objectives and likely to result in the project achieving its intended outcomes.
Under 34 CFR 75.253, the Secretary may reduce continuation awards or discontinue awards in any year of the project period for excessive carryover balances or a failure to make substantial progress. The Department intends to closely monitor unobligated balances and substantial progress under this program and may reduce or discontinue funding accordingly.
Types of Priorities:
When inviting applications for a competition using one or more priorities, we designate the type of each priority as absolute, competitive preference, or invitational through a notice in the Federal Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only applications that meet the priority 34 CFR
75.105c3.
Competitive preference priority:
Under a competitive preference priority, we give competitive preference to an application by 1 awarding additional points, depending on the extent to which the application meets the priority 34 CFR 75.105c2i; or 2 selecting an application that meets the priority over an application of comparable merit
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that does not meet the priority 34 CFR
75.105c2ii.
Invitational priority: Under an invitational priority, we are particularly interested in applications that meet the priority. However, we do not give an application that meets the priority a preference over other applications 34
CFR 75.105c1.
This document does not preclude us from proposing additional priorities, requirements, definitions, or selection criteria, subject to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in which we choose to use this priority, 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 must determine 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.
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
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