Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5009 

CONTACT, 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 

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print, audiotape, or compact disc, or 

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your search to documents published by 

the Department. 

Robert L. King, 

Assistant Secretary for the Office of 

Postsecondary Education. 

[FR Doc. 2020–28105 Filed 1–15–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

[Docket ID ED–2020–OESE–0037] 

Final Priorities, Requirements, 

Definitions, And Selection Criteria— 

Promise Neighborhoods (PN) Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final priorities, requirements, 

definitions, and selection criteria. 

SUMMARY: The Assistant Secretary for 

the Office of Elementary and Secondary 

Education announces priorities, 

requirements, definitions, and selection 

criteria under the PN program, 

Assistance Listing Number 84.215N. 

The Assistant Secretary may use one or 

more of these priorities, requirements, 

definitions, and selection criteria for 

competitions in fiscal year (FY) 2021 

and later years. We take this action to 

make program improvements based on 

lessons learned over the last decade and 

to improve program outcomes. 

DATES: These priorities, requirements, 

definitions, and selection criteria are 

effective February 18, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Adrienne Hawkins, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 4W220, Washington, DC 20202. 

Telephone: (202) 453–5638. Email: 

Adrienne.Hawkins@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 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Purpose of Program: The PN program 

is authorized under the Elementary and 

Secondary Education Act of 1965, as 

amended (ESEA). The purpose of the PN 

program is to significantly improve the 

academic and developmental outcomes 

of children living in the most distressed 

communities of the United States, 

including ensuring school readiness, 

high school graduation, and access to a 

community-based continuum of highquality services. The program serves 

neighborhoods with high concentrations 

of low-income individuals; multiple 

signs of distress, which may include 

high rates of poverty, childhood obesity, 

academic failure, and juvenile 

delinquency, adjudication, or 

incarceration; and schools 

implementing comprehensive support 

and improvement activities or targeted 

support and improvement activities 

under section 1111(d) of the ESEA. All 

strategies in the continuum of solutions 

must be accessible to children with 

disabilities and English learners. 

Program Authority: 20 U.S.C. 7273– 

7274. 

We published a notice of proposed 

priorities, requirements, definitions, and 

selection criteria (NPP) for this program 

in the Federal Register on June 29, 2020 

(85 FR 38801). The NPP contained 

background information and our reasons 

for proposing the particular priorities, 

requirements, definitions, and selection 

criteria. 

Except for minor editorial and 

technical revisions, there are no 

differences between the proposed 

priorities, requirements, definitions, and 

selection criteria and these final 

priorities, requirements, definitions, and 

selection criteria. 

Public Comment: In response to our 

invitation in the NPP, eight comments 

were received, two of which were 

relevant to the proposed priorities, 

requirements, definitions, and selection 

criteria. 

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 general 

comments that raised concerns not 

directly related to the NPP. 

Analysis of Comments and Changes: 

An analysis of the comments and of any 

changes in the proposed priorities, 

requirements, definitions, and selection 

criteria follows. 

Comment: One commenter noted the 

importance of child nutrition to 

successful outcomes and recommended 

that we include a focus on nutrition 

education. 

Discussion: While we agree with the 

commenter that there is a need to focus 

on nutrition education, we do not 

believe that it is necessary to revise the 

proposed priorities, requirements, 

definitions, or selection criteria to 

address this specific need. Under the 

program statute, applicants already have 

flexibility to propose interventions or 

strategies to address nutrition needs for 

children, their families, and community 

members. 

Changes: None. 

Comment: One commenter asserted 

that the application requirements are 

too burdensome for applicants that are 

small entities. The commenter also 

contended that, by allowing projects to 

focus on different issues impacting lowincome children, it may be difficult to 

fairly compare applications in the 

selection process. The commenter stated 

that applications should be evaluated to 

determine whether the proposed project 

would significantly improve the 

academic outcomes of the children 

proposed to be served and whether the 

proposed project is supported by a 

needs analysis and evidence-based 

practices. 

Discussion: We appreciate the 

comment regarding the size of the 

applying entity and burden level. In 

recognition of this relationship we have 

established three priorities to level the 

playing field for all applicants. Two of 

the three priorities, Non-Rural and NonTribal Communities, and Tribal 

Communities, can be found elsewhere 

in this NFP. The Rural Communities 

priority can be found in the program 

statute. 

Regarding the commenter’s concern 

that applications be fairly considered 

during the selection process, the peer 

review process is designed for 

applications to be evaluated against 

selection criteria alone; we instruct our 

peer reviewers not to compare 

applications. Additionally, applicants 

should design projects that meet the 

needs of their respective communities, a 

key element of a successful PN project. 

Our peer reviewers rely on the 


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information provided in each 

application to determine whether an 

applicant’s plan is appropriate for the 

context in which the project would 

operate. 

Finally, we appreciate and agree with 

the comment that funded projects 

should improve academic outcomes of 

the students served and this can be 

achieved, in part, by ensuring that the 

proposed project is supported by a 

needs analysis and proposed 

interventions that are evidence-based. 

We maintained the requirement 

included in the NPP that the proposed 

project be supported by a needs analysis 

and that proposed interventions, to the 

extent possible, be evidence-based. We 

believe this requirement in addition to 

the evidence-based priority addresses 

the commenter’s concern. 

Changes: None. 

Comment: None. 

Discussion: In reviewing the proposed 

requirements further, we have decided 

to clarify that applicants must describe 

proposed activities to address needs and 

the extent to which activities are 

evidence-based. Additionally, an 

applicant must also describe its, or its 

partner organization’s, if applicable, 

experience providing these activities, 

including any data demonstrating 

effectiveness. These two modifications 

are intended to strengthen projects and 

yield higher academic outcomes for 

students. 

Changes: We have clarified the 

language to require applicants to 

provide a description of the proposed 

activities and to ensure that the 

proposed activities are in alignment 

with the applicant’s identified needs. 

Also, the applicant must include the 

extent to which the proposed activities 

are evidence-based. Furthermore, the 

applicant must also describe its, or its 

partner organization’s, if applicable, 

experience providing the proposed 

activities and any data demonstrating 

effectiveness in the application. 

Final Priorities 

Priority 1—Non-Rural and Non-Tribal 

Communities 

To meet this priority, an applicant 

must propose to implement a PN 

strategy that serves one or more nonrural or non-Tribal communities. 

Priority 2—Tribal Communities 

To meet this priority, an applicant 

must propose to implement a PN 

strategy that serves one or more Indian 

Tribes. 

Priority 3—Community-Level Opioid 

Abuse Prevention Efforts 

To meet this priority, an applicant 

must: (1) Demonstrate how it will 

partner with an organization that 

conducts high-quality, community-level 

activities to prevent opioid abuse, such 

as an organization supported by an 

Office of National Drug Control Policy, 

Drug-Free Communities Support 

Program grant, in PN communities; (2) 

describe the partner organization’s 

record of success in approaching opioid 

abuse prevention at the community 

level; and (3) provide, in its application, 

a memorandum of understanding 

between it and the partner organization 

responsible for managing the effort. The 

memorandum of understanding must 

indicate a commitment on the part of 

the applicant to coordinate 

implementation and align resources to 

the greatest extent practicable. 

Priority 4—Evidence-Based Activities To 

Support Academic Achievement 

Projects that propose to use evidencebased (as defined in 34 CFR 77.1(c)) 

activities, strategies, or interventions 

that support teaching practices that will 

lead to increased student achievement, 

graduation rates, and career readiness. 

Priority 5—Community-Based Crime 

Reduction Efforts 

To meet this priority, an applicant 

must: (1) Demonstrate how it will 

partner with an organization that 

conducts high-quality activities focused 

on the re-entry of formerly incarcerated 

individuals or on community-based 

crime reduction activities, such as an 

organization supported by a U.S. 

Department of Justice (DOJ) Innovations 

in Community-Based Crime Reduction 

Program grant, a grant authorized under 

the Second Chance Act, as reauthorized 

under the Formerly Incarcerated Reenter 

Society Transformed Safely 

Transitioning Every Person (FIRST 

STEP) Act, or DOJ Office of Justice 

Programs competitive grants related to 

juvenile justice and delinquency 

prevention; (2) describe the partner 

organization’s record of success with 

supporting the re-entry of formerly 

incarcerated individuals or communitybased crime reduction and how their 

efforts will be coordinated with the PN 

activities of this grant; and (3) provide, 

in its application, a memorandum of 

understanding between it and a partner 

organization managing the effort. The 

memorandum of understanding must 

indicate a commitment on the part of 

the applicant to coordinate 

implementation and align resources to 

the greatest extent practicable. 

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 

75.105(c)(3)). 

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 75.105(c)(2)(i)); or (2) selecting 

an application that meets the priority 

over an application of comparable merit 

that does not meet the priority (34 CFR 

75.105(c)(2)(ii)). 

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 75.105(c)(1)). 

Final Requirements 

The Assistant Secretary establishes 

the following application requirements 

for this program. We may apply one or 

more of these requirements in any year 

in which this program is in effect. 

To be considered for an award under 

this competition, an applicant must 

provide the following— 

(1) In addressing the application 

requirements in sections 4624(a)(4), (5), 

and (7) of the ESEA, an applicant must 

clearly demonstrate needs, including a 

segmentation analysis, gaps in services, 

and any available data from within the 

last 3 years to demonstrate needs. The 

applicant must also describe proposed 

activities that address these needs and 

the extent to which these activities are 

evidence-based (as defined in 34 CFR 

77.1(c)). The applicant must also 

describe its, or its partner 

organization’s, if applicable, experience 

providing these activities, including any 

data demonstrating effectiveness. 

(2) In addressing the requirement in 

section 4624(a)(6) of the ESEA, an 

applicant must provide a description of 

the process used to develop the 

application, which must include the 

involvement of an LEA(s) (including but 

not limited to the LEA’s or LEAs’ 

involvement in the creation and 

planning of the application and a signed 

Memorandum of Understanding) and at 

least one public elementary or 

secondary school that is located within 


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the identified geographic area that the 

grant will serve. 

(3) An applicant must demonstrate 

that its proposed project— 

(a) Is representative of the geographic 

area proposed to be served; and 

(b) Would provide a majority of the 

solutions from the applicant’s proposed 

pipeline services in the geographic area 

proposed to be served. 

(4) In addressing the requirement in 

section 4624(a)(9) of the ESEA, an 

applicant must describe the process it 

will use to establish and maintain a 

family navigation system, including an 

explanation of the process the applicant 

will use to establish and maintain 

family and community engagement. 

Final Definitions 

The Assistant Secretary establishes 

the following definitions for this 

program. We may apply one or more of 

these definitions in any year in which 

this program is in effect. 

Family navigation system means a 

service delivery model that includes 

coordinators who teach, mentor, and 

collaborate with students and their 

families, as well as community 

members, to choose interventions, 

treatments, or solutions provided by the 

grantee and that best meet the needs of 

students and their families. Students 

and their families can select services 

and supports based on available services 

and individual needs, as well as 

advocate for additional services. 

Graduation rate means the four-year 

adjusted cohort graduation rate or 

extended-year adjusted cohort 

graduation rate as defined in section 

8101(25) and (23) of the ESEA. 

Indian Tribe means an Indian Tribe or 

Tribal Organization as defined in 

section 4 of the Indian Selfdetermination Act (25 U.S.C. 450b). 

Indicators of need means currently 

available data that describe— 

(a) Education need, which means— 

(1) All or a portion of the 

neighborhood includes or is within the 

attendance zone of a low-performing 

school that is a high school, especially 

one in which the graduation rate is less 

than 60 percent or a school that can be 

characterized as low-performing based 

on another proxy indicator, such as 

students’ on-time progression from 

grade to grade; and 

(2) Other indicators, such as 

significant achievement gaps between 

subgroups of students (as identified in 

section 1111(b)(2)(B)(xi) of the ESEA), 

within a school or LEA, high teacher 

and principal turnover, or high student 

absenteeism; and 

(b) Family and community support 

need, which means— 

(1) Percentages of children with 

preventable chronic health conditions 

(e.g., asthma, poor nutrition, dental 

problems, obesity) or avoidable 

developmental delays; 

(2) Immunization rates; 

(3) Rates of crime, including violent 

crime; 

(4) Student mobility rates; 

(5) Teenage birth rates; 

(6) Percentage of children in single 

parent or no-parent families; 

(7) Rates of vacant or substandard 

homes, including distressed public and 

assisted housing; or 

(8) Percentage of the residents living 

at or below the Federal poverty 

threshold. 

Regular high school diploma has the 

meaning set out in section 8101(43) of 

the ESEA. 

Representative of the geographic area 

proposed to be served means that 

residents of the geographic area 

proposed to be served have an active 

role in decision-making and that at least 

one-third of the applicant’s governing 

board or advisory board is made up of— 

(a) Residents who live in the 

geographic area proposed to be served, 

which may include residents who are 

representative of the ethnic and racial 

composition of the neighborhood’s 

residents and the languages they speak; 

(b) Residents of the city or county in 

which the neighborhood is located but 

who live outside the geographic area 

proposed to be served, and who earn 

less than 80 percent of the area’s median 

income as published by the U.S. 

Department of Housing and Urban 

Development; 

(c) Public officials who serve the 

geographic area proposed to be served 

(although not more than one-half of the 

governing board or advisory board may 

be made up of public officials); or 

(d) Some combination of individuals 

from the three groups listed in 

paragraphs (a), (b), and (c) of this 

definition. 

Segmentation analysis means the 

process of grouping and analyzing data 

from children and families in the 

geographic area proposed to be served 

according to indicators of need or other 

relevant indicators to allow grantees to 

differentiate and more effectively target 

interventions based on the needs of 

different populations in the geographic 

area. 

Student achievement means— 

(a) For tested grades and subjects— 

(1) A student’s score on the State’s 

assessments under the ESEA; and 

(2) As appropriate, other measures of 

student learning, such as those 

described in paragraph (b) of this 

definition, provided they are rigorous 

and comparable across classrooms and 

programs; and 

(b) For non-tested grades and subjects, 

alternative measures of student learning 

and performance, such as student scores 

on pre-tests and end-of-course tests; 

student performance on English 

language proficiency assessments; and 

other measures of student achievement 

that are rigorous and comparable across 

classrooms. 

Student mobility rate is calculated by 

dividing the total number of new 

student entries and withdrawals at a 

school, from the day after the first 

official enrollment number is collected 

through the end of the academic year, 

by the first official enrollment number 

of the academic year. 

Final Selection Criteria 

The Assistant Secretary establishes 

the following selection criteria for 

evaluating an application under this 

program. We may apply one or more of 

these criteria in any year in which this 

program is in effect. 

(a) Need for project. In determining 

the need for the proposed project, the 

Secretary considers one or more of the 

following factors— 

(1) The magnitude or severity of the 

problems to be addressed by the 

proposed project as described by 

indicators of need and other relevant 

indicators identified in part by the 

needs assessment and segmentation 

analysis; and 

(2) The extent to which specific gaps 

or weaknesses in services, 

infrastructure, or opportunities have 

been identified and will be addressed by 

the proposed project, including— 

(i) The nature and magnitude of those 

gaps or weaknesses; and 

(ii) A pipeline of solutions addressing 

the identified gaps and weaknesses, 

including solutions targeted to early 

childhood, K–12, family and 

community supports, and college and 

career. 

(b) Quality of project design. In 

determining the quality of project 

design for the proposed project, the 

Secretary considers one or more of the 

following factors— 

(1) The extent to which the applicant 

describes a plan to create a complete 

pipeline of services, without time and 

resource gaps, that is designed to 

prepare all children in the 

neighborhood to attain a high-quality 

education and successfully transition to 

college and a career; 

(2) The extent to which the project 

will significantly increase the 

proportion of students in the 

neighborhood that are served by the 


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complete continuum of high-quality 

services; and 

(3) The extent to which the proposed 

family navigation system is high-quality 

and provides students and their families 

sufficient services and supports based 

on available services and individual 

needs. 

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 these priorities, 

requirements, definitions, and selection 

criteria, we invite applications through 

a notice in the Federal Register. 

Executive Orders 12866, 13563, and 

13771 

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 3(f) 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 

President’s 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 3(f) of 

Executive Order 12866. 

Under Executive Order 13771, for 

each new regulation that the 

Department proposes for notice and 

comment or otherwise promulgates that 

is a significant regulatory action under 

Executive Order 12866, and that 

imposes total costs greater than zero, it 

must identify two deregulatory actions. 

For FY 2021, any new incremental costs 

associated with a new regulation must 

be fully offset by the elimination of 

existing costs through deregulatory 

actions. Because these regulations are 

not a significant regulatory action, the 

requirements of Executive Order 13771 

do not apply. 

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 account—among other things 

and to the extent practicable—the 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 incentives—such as 

user fees or marketable permits—to 

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 these final priorities, 

requirements, definitions, and selection 

criteria 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 action is 

consistent with the principles in 

Executive Order 13563. 

We also have determined that this 

regulatory action does not unduly 

interfere with State, local, and Tribal 

governments in the exercise of their 

governmental functions. 

In accordance with these Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. We have determined 

that these regulations will impose 

minimal costs on eligible applicants. 

Program participation is voluntary, and 

the costs imposed on applicants by 

these regulations will be limited to 

paperwork burden related to preparing 

an application. The potential benefits of 

implementing the programs—for 

example, expanding the choices 

available to parents and students, 

improving the academic and 

developmental outcomes of children 

living in the most distressed 

communities of the United States—will 

outweigh any costs incurred by 

applicants, and the costs of carrying out 

activities associated with the 

application will be paid for with 

program funds. For these reasons, we 

have determined that the costs of 

implementation will be minimal for 

eligible applicants. 

Regulatory Flexibility Act Certification 

The Secretary certifies that this 

regulatory action will not have a 

significant economic impact on a 

substantial number of small entities. 

The U.S. Small Business Administration 

Size Standards define ‘‘small entities’’ 

as for-profit or nonprofit institutions 

with total annual revenue below 

$7,000,000 or, if they are institutions 

controlled by small governmental 

jurisdictions (that are comprised of 

cities, counties, towns, townships, 

villages, school districts, or special 

districts), with a population of less than 

50,000. 

The small entities that this regulatory 

action will affect are State educational 

agencies; LEAs, including charter 

schools that operate as LEAs under State 

law; institutions of higher education; 

other public agencies; private nonprofit 

organizations; freely associated States 

and outlying areas; Indian Tribes or 

Tribal organizations; and for-profit 

organizations. We believe that the costs 

imposed on an applicant by the 

priorities, requirements, definitions, and 

selection criteria will be limited to 

paperwork burden related to preparing 

an application and that the benefits of 

the priorities, requirements, definitions, 

and selection criteria will outweigh any 

costs incurred by the applicant. 

Participation in the PN program is 

voluntary. For this reason, the priorities, 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5013 

requirements, definitions, and selection 

criteria will impose no burden on small 

entities unless they applied for funding 

under the program. We expect that in 

determining whether to apply for PN 

program funds, an applicant will 

evaluate the requirements of preparing 

an application and any associated costs, 

and weigh them against the benefits 

likely to be achieved by receiving a PN 

program grant. An applicant will 

probably apply only if it determines that 

the likely benefits exceed the costs of 

preparing an application. 

We believe that the priorities, 

requirements, definitions, and selection 

criteria will not impose any additional 

burden on a small entity applying for a 

grant than the entity would face in the 

absence of this regulatory action. That 

is, the length of the applications those 

entities would submit in the absence of 

this regulatory action and the time 

needed to prepare an application would 

likely be the same. 

This regulatory action will not have a 

significant economic impact on a small 

entity once it receives a grant because it 

will be able to meet the costs of 

compliance using the funds provided 

under this program. 

Paperwork Reduction Act of 1995: 

The proposed priorities, requirements, 

definitions, and selection criteria 

contain information collection 

requirements that are approved by OMB 

under OMB control number 1894–0006; 

the proposed priorities, requirements, 

definitions, and selection criteria do not 

affect the currently approved data 

collection. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. This 

document provides early notification of 

our specific plans and actions for this 

program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document and a copy of the 

application package 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 

file, braille, large print, audiotape, or 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at: 

www.govinfo.gov. At this site you can 

view this document, as well as all other 

documents of this Department 

published in the Federal Register, in 

text or Portable Document Format 

(PDF). To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Frank T. Brogan, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2021–00902 Filed 1–15–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2020–0372; FRL–10019–21– 

OAR] 

RIN 2060–AU91 

Standards of Performance for Volatile 

Organic Liquid Storage Vessels 

(Including Petroleum Liquid Storage 

Vessels) for Which Construction, 

Reconstruction, or Modification 

Commenced After July 23, 1984 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is finalizing 

amendments to the Standards of 

Performance for Volatile Organic Liquid 

Storage Vessels (Including Petroleum 

Liquid Storage Vessels) for Which 

Construction, Reconstruction, or 

Modification Commenced After July 23, 

1984. We are finalizing specific 

amendments that would allow owners 

or operators of storage vessels subject to 

the Standards of Performance for 

Volatile Organic Liquid Storage Vessels 

and equipped with either an external 

floating roof (EFR) or internal floating 

roof (IFR) to voluntarily elect to comply 

with the requirements specified in the 

National Emission Standards for Storage 

Vessels (Tanks)—Control Level 2, as an 

alternative standard, in lieu of the 

requirements specified in the Standards 

of Performance for Volatile Organic 

Liquid Storage Vessels, subject to 

certain caveats and exceptions for 

monitoring, recordkeeping, and 

reporting. 

DATES: The final rule is effective on 

January 19, 2021. 

ADDRESSES: The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2020–0372. All 

documents in the docket are listed on 

the https://www.regulations.gov/ 

website. Although listed, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available electronically on 

the https://www.regulations.gov/ 

website. Out of an abundance of caution 

for members of the public and our staff, 

the EPA Docket Center and Reading 

Room are closed to the public, with 

limited exceptions, to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. For further 

information and updates on EPA Docket 

Center services, please visit us online at 

https://www.epa.gov/dockets. The EPA 

continues to carefully and continuously 

monitor information from the Center for 

Disease Control, local area health 

departments, and our federal partners so 

that we can respond rapidly as 

conditions change regarding COVID–19. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final action, contact 

Mr. Neil Feinberg, Sector Policies and 

Programs Division (E143–01), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number: (919) 541– 

2214; fax number: (919) 541–0516; and 

email address: feinberg.stephen@

epa.gov. 

SUPPLEMENTARY INFORMATION: Preamble 

acronyms and abbreviations. We use 

multiple acronyms and terms in this 

preamble. While this list may not be 

exhaustive, to ease the reading of this 

preamble and for reference purposes, 

the EPA defines the following terms and 

acronyms here: 

CAA Clean Air Act 

CFR Code of Federal Regulations 

EFR external floating roof 

EPA Environmental Protection Agency 

ICR Information Collection Request 

IFR internal floating roof 

kPa kilopascals 

m3 cubic meters 


khammond on DSKJM1Z7X2PROD with RULES