Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules 10213 

matters relevant to DOE’s consideration 

of the priority-setting process for all 

upcoming energy conservation 

standards and test procedure rules. 

Such comments and information will 

aid in the development of the 

rulemaking schedule that will next 

appear in DOE’s Spring Regulatory 

Agenda. 

Submitting comments via http://

www.regulations.gov. The http://

www.regulations.gov web page requires 

you to provide your name and contact 

information. Your contact information 

will be viewable to DOE Building 

Technologies staff only. Your contact 

information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to http://

www.regulations.gov information for 

which disclosure is restricted by statute, 

such as trade secrets and commercial or 

financial information (hereinafter 

referred to as Confidential Business 

Information (CBI)). Comments 

submitted through http://

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through http://www.regulations.gov 

before posting. Normally, comments 

will be posted within a few days of 

being submitted. However, if large 

volumes of comments are being 

processed simultaneously, your 

comment may not be viewable for up to 

several weeks. Please keep the comment 

tracking number that http://

www.regulations.gov provides after you 

have successfully uploaded your 

comment. 

Submitting comments via email. 

Comments and documents submitted 

via email, also will be posted to http:// 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information in a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No 

telefacsimiles (faxes) will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English, and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email, two well-marked 

copies: One copy of the document 

marked ‘‘confidential’’ including all the 

information believed to be confidential, 

and one copy of the document marked 

‘‘non-confidential’’ with the information 

believed to be confidential deleted. 

Submit these documents via email. DOE 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures and 

energy conservation standards. 

Interactions with and between members 

of the public provide a balanced 

discussion of the issues and assist DOE 

in the process. Anyone who wishes to 

be added to the DOE mailing list to 

receive future notices and information 

about this process should contact 

Appliance and Equipment Standards 

Program staff at (202) 287–1445 or via 

email at 

ApplianceStandardsQuestions@

ee.doe.gov. 

Signing Authority 

This document of the Department of 

Energy was signed on February 9, 2021, 

Kelly Speakes-Backman, Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Acting 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on February 10, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–03058 Filed 2–18–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2020–OSERS–0192] 

Proposed Priority—Rehabilitation 

Short-Term Training-Client Assistance 

Program (CAP Training) 

AGENCY: Office of Special Education and 

Rehabilitative Services (OSERS), 

Department of Education. 

ACTION: Proposed priority. 

SUMMARY: The Department of Education 

(Department) proposes a priority under 

the Rehabilitation Short-Term Training 

program, Assistance Listing Number 

84.246K. We may use this priority for 

competitions in fiscal year (FY) 2021 

and later years. We take this action to 

improve the capacity of Client 

Assistance Program (CAP) professionals 

to inform, assist, and advocate for State 

Vocational Rehabilitation (VR) Services 

program clients and applicants about 

expanded education, training, and 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10214 Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules 

employment opportunities under the 

Rehabilitation Act of 1973, as amended 

by the Workforce Innovation and 

Opportunity Act (WIOA). The priority 

will provide enhanced training and 

technical assistance on CAP duties and 

responsibilities under section 112 of the 

Rehabilitation Act, VR service provision 

requirements in the Rehabilitation Act, 

expanded opportunities under WIOA, 

individual and systems advocacy 

competencies, and leadership, 

relationship-building, and outreach 

skills as well as CAP strategic planning 

and resources management capacitybuilding. Also, the priority will promote 

the use of flexible training delivery 

methods, including in-person and 

virtual activities, and state-of-the-art 

communication tools and platforms, 

including the latest distance learning 

and convening technologies. 

DATE: We must receive your comments 

on or before March 22, 2021. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. In addition, please 

include the Docket ID at the top of your 

comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Help.’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments, address them to Felipe 

Lulli, U.S. Department of Education, 

400 Maryland Avenue SW, Room 5101, 

Potomac Center Plaza, Washington, DC 

20202–2800. 

Privacy Note: The Department’s 

policy is to make all comments received 

from members of the public available for 

public viewing in their entirety on the 

Federal eRulemaking Portal at 

www.regulations.gov. Therefore, 

commenters should be careful to 

include in their comments only 

information that they wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Felipe Lulli, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 5101, Potomac Center Plaza, 

Washington, DC 20202–2800. 

Telephone: (202) 245–7425. Email: 

84.246K@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: Invitation 

to Comment: We invite you to submit 

comments regarding this proposed 

priority. To ensure that your comments 

have maximum effect in developing the 

notice of final priority, we urge you to 

clearly identify the proposed priority 

and specific requirement that each 

comment addresses. 

We invite you to assist us in 

complying with the specific 

requirements of Executive Orders 

12866, 13563, and 13771 and their 

overall requirement of reducing 

regulatory burden that might result from 

the proposed priority. Please let us 

know of any ways we could reduce 

potential costs or increase potential 

benefits while preserving the effective 

and efficient administration of the 

program. 

During and after the comment period, 

you may inspect all public comments 

about this proposed priority by 

accessing Regulations.gov. Due to the 

COVID–19 pandemic, the Department 

buildings are currently not open. 

However, upon reopening, you may also 

inspect the comments in person in 

Room 5051, 550 12th Street SW, 

Washington, DC, between the hours of 

9:30 a.m. and 4:00 p.m., Eastern time, 

Monday through Friday of each week 

except Federal holidays. 

Assistance to Individuals with 

Disabilities in Reviewing the 

Rulemaking Record: On request, we will 

provide an appropriate accommodation 

or auxiliary aid to an individual with a 

disability who needs assistance to 

review the comments or other 

documents in the public rulemaking 

record for this proposed priority. If you 

want to schedule an appointment for 

this type of accommodation or auxiliary 

aid, please contact the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Purpose of Program: The 

Rehabilitation Short-Term Training 

program is designed to provide shortterm training and technical instruction 

in areas of special significance to the 

vocational, medical, social, and 

psychological rehabilitation programs, 

supported employment programs, 

independent living services programs, 

and client assistance programs, 

including special seminars, institutes, 

workshops, and other short-term 

courses. Short-term training projects 

may be of regional or national scope. 

Program Authority: 29 U.S.C. 

772(a)(1). 

Applicable Program Regulations: 34 

CFR part 385 and 390. 

Proposed Priority 

This notice contains one proposed 

priority. 

Background 

The CAP is a formula program 

authorized by section 112 of the 

Rehabilitation Act. The purpose of the 

CAP is to inform and advise VR clients 

and applicants about all the benefits 

available under the Rehabilitation Act, 

including under sections 113 and 511 

regarding pre-employment transition 

services and limitations on use of 

subminimum wages, respectively. Upon 

the client’s or applicant’s request, the 

CAP program will provide assistance 

and advocacy in pursuing legal, 

administrative, or other appropriate 

remedies to ensure the protection of the 

rights of such individuals under the 

Rehabilitation Act and to facilitate 

access to the services funded under the 

Rehabilitation Act through individual 

and systemic advocacy. The CAP 

program’s assistance and advocacy 

services may be directly related to 

facilitating the employment of the 

individual. The CAP program also 

provides information on available 

services and benefits under title I of the 

Americans with Disabilities Act of 1990 

as well as the Rehabilitation Act, 

especially with regard to individuals 

with disabilities who have traditionally 

been unserved or underserved by VR 

programs. According to the Annual 

Client Assistance Program Report (RSA– 

227), CAP offices responded to 28,709 

requests for information and referral in 

FY 2019. They also provided direct 

services, including assistance and 

advocacy, to 4,359 individuals with 

disabilities that year. 

The WIOA amendments to the 

Rehabilitation Act placed heightened 

emphasis on expanding quality 

employment and career advancement 

opportunities for individuals with 

disabilities, with a focus on competitive 

integrated employment as defined in the 

Rehabilitation Act. Consistent with 

WIOA’s amendments to the 

Rehabilitation Act, the State VR 

program operates under the principle 

that individuals with disabilities, 

including those with significant and the 

most significant disabilities, are capable 

of quality employment outcomes when 

provided appropriate services, skills, 

and supports. WIOA places certain 

limitations on subminimum wage 

employment. WIOA also emphasizes 

pre-employment transition services for 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules 10215 

students with disabilities, supported 

employment for individuals with the 

most significant disabilities, customized 

employment, and coordinated strategies 

such as career pathways and 

apprenticeships to help individuals 

with disabilities realize employment 

goals consistent with their strengths, 

resources, priorities, concerns, abilities, 

capabilities, interests, and informed 

choice. At the same time, WIOA 

recognizes the need to reach 

traditionally unserved or underserved 

groups and individuals. 

Many of the WIOA provisions and 

priorities are reflected in the Combined 

and Unified State Plans developed in 

coordination with State and local 

workforce development boards. Some 

States are also implementing innovative 

approaches, including rapid engagement 

and progressive employment, to help 

individuals with disabilities to pursue 

quality employment outcomes. 

State VR agency personnel have 

experienced several challenges in 

implementing the WIOA expanded 

provisions. As of November 13, 2020, 25 

of 78 VR agencies were unable to serve 

all eligible individuals due to a lack of 

financial and staff resources and have 

thus introduced orders of selection, 

closed one or more priority categories, 

and limited the provision of services to 

eligible individuals based on the 

significance of their disabilities. Five of 

these VR agencies have closed all 

priority categories, meaning that they 

are not providing services to new 

applicants for the VR program. VR 

agencies are implementing orders of 

selection for two main reasons, one 

being the inability to provide the nonFederal share required as match for the 

VR program, which prevents them from 

accessing all available Federal VR 

program funds, and the other being the 

requirement to reserve at least 15 

percent of Federal VR program funds for 

providing pre-employment transition 

services to eligible and potentially 

eligible students with disabilities, 

which restricts the amount of VR 

program funds available to serve all 

other eligible individuals with 

disabilities. These trends may be 

impacting the nature, scope, and 

timeliness of the VR services as well as 

the number of eligible individuals 

served. 

The CAP professionals play a vital 

role in helping VR clients and 

applicants to access the expanded 

opportunities under WIOA, even in the 

midst of the challenges the State VR 

agencies face, through individual 

information and advocacy services, 

systems change activities, and outreach 

to traditionally unserved or underserved 

populations. To fulfill their role 

effectively, CAP professionals must be 

knowledgeable about the enhanced 

opportunities, VR service-provision 

requirements, and CAP program’s roles 

and responsibilities under the 

Rehabilitation Act. Also, CAP 

professionals must understand the 

specific needs of individuals with 

disabilities, the challenges State VR 

agencies face, and the roles of the State 

Rehabilitation Council, community 

rehabilitation programs, and workforce 

development partners in their States. 

Further, CAP professionals must possess 

effective individual and systems 

advocacy, leadership, relationshipbuilding, and outreach skills. Finally, 

the CAP programs require strong 

strategic planning and resource 

management capabilities. 

The purpose of this priority is to 

provide high-quality and relevant 

training and technical assistance to 

increase CAP professionals’ knowledge, 

skills, competencies, and capabilities in 

these critical areas. 

The project must be awarded and 

operated in a manner consistent with 

the nondiscrimination requirements 

mandated by the U.S. Constitution and 

Federal civil rights laws. 

Proposed Priority 

Rehabilitation Short-Term Training— 

Client Assistance Program (CAP 

Training). 

The Department proposes to establish 

this Rehabilitation Short-Term TrainingClient Assistance Program (CAP 

Training) priority to provide CAP 

professionals the necessary knowledge, 

competencies, and skills to help VR 

clients and applicants access expanded 

education, training, and employment 

opportunities under WIOA, and to 

address obstacles or barriers that VR 

clients and applicants may encounter. 

Under this priority, grantees must 

provide comprehensive and in-depth 

training and technical assistance 

activities that provide updated 

information about CAP program duties 

and responsibilities under the 

Rehabilitation Act; expanded VR service 

provisions in the Rehabilitation Act, 

including section 113 on preemployment transition services and 

section 511 regarding limitations on 

subminimum wages; and on other 

education, training, and employment 

opportunities under WIOA, including 

career pathways, apprenticeships, and 

customized employment. In providing 

the training and technical assistance, 

grantees must consider the challenges 

that State VR agencies face in 

implementing WIOA’s expanded 

provisions and opportunities and the 

roles of the State Rehabilitation Council, 

community rehabilitation programs, 

workforce development partners, and 

other stakeholders, as reflected in the 

Unified or Combined State Plans. The 

training and technical assistance must 

enhance CAP professionals’ individual 

and systems advocacy competencies 

and their leadership, relationshipbuilding, and outreach skills. In 

addition, the training and technical 

assistance must strengthen the 

institutional effectiveness of the CAP 

programs in the individual States 

through strategic planning and resource 

management capacity-building 

activities. 

Under this priority, the Secretary will 

fund only applications that meet the 

project requirements outlined below. 

Applicants must describe major 

implementation activities, timelines, 

and milestones for each of the following 

project requirements: 

(1) Training and technical assistance 

to increase CAP professionals’ 

knowledge, skills, and competencies in 

the four broad subject areas and related 

topics, including, but not limited to: 

(a) Rehabilitation Act in the context of 

WIOA 

(i) CAP program duties and 

responsibilities under section 112(a) of 

the Rehabilitation Act; 

(ii) VR service provision requirements 

in the Rehabilitation Act and related 

regulations, policy guidance, and legal 

decisions, including those regarding 

section 113 on pre-employment 

transition services and section 511 

regarding limitations on subminimum 

wages; 

(iii) Expanded training, education, 

and employment opportunities under 

WIOA, including but not limited to preemployment transition services, workbased learning, apprenticeships, 

customized employment, career 

pathways, and focus on postsecondary 

credential attainment, including 

advanced degrees; 

(iv) Challenges and successes that VR 

agencies experience in making the 

opportunities under WIOA available to 

individuals with disabilities in their 

States; 

(v) Obstacles that individuals with 

disabilities experience in accessing VR 

services, including the new and 

expanded services available through the 

VR program as a result of WIOA, 

particularly individuals with the most 

significant disabilities, students and 

youth with disabilities, members of 

traditionally unserved or underserved 

groups, and individuals in economically 

disadvantaged communities; and 

(vi) Key stakeholder roles, including 

State Rehabilitation Councils (SRC), 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10216 Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules 

community rehabilitation programs, and 

workforce development boards, as 

reflected in the Unified or Combined 

State Plans. 

(b) Discrete skills related to CAP 

duties and responsibilities 

(i) Individual advocacy; 

(ii) Systems advocacy; 

(iii) Alternate dispute resolution; and 

(iv) Leadership, relationship building, 

and outreach. 

(c) Strategic planning 

(i) Assessments of VR program 

challenges, needs, and opportunities in 

the State, including the State VR 

agency’s own innovative approaches as 

well as the expanded provisions under 

WIOA. Strategic assessments include 

targeted reviews of the RSA–227, 

Unified or Combined State Plans, RSA 

monitoring reports, and feedback from 

VR clients, applicants, and other key 

stakeholders; 

(ii) Development of the individual 

CAP programs’ strategic goals and 

action plans (including their particular 

training or technical assistance needs, 

based on their identified State VR 

program challenges, needs, and 

opportunities; and 

(iii) Strategic outreach and 

engagement with State VR agencies, the 

SRC, and workforce development 

partners, among others. 

(d) Resource management 

(i) Budgeting and financial oversight 

practices in support of strategic goals 

and objectives, consistent with 

Generally Accepted Accounting 

Practices; and 

(ii) Uniform Administrative 

Requirements, Cost Principles, and 

Audit Requirements for Federal Awards, 

at 2 CFR part 200, pertinent to CAP and 

VR program operations. 

(2) Comprehensive plan for the 

delivery of training and technical 

assistance on the required subject areas 

and topics. The plan must describe the 

following: 

(a) Subject areas and topics, 

specifically, how they will be 

prioritized and made available in the 

initial year and subsequent years of the 

project; 

(b) Training activities, consisting of 

both established training modules and 

ad hoc training responsive to emerging 

circumstances or trends; 

(c) Technical assistance, consisting of 

individualized information on 

identified subject areas and topics, as 

well as consultation on options for 

applying existing law, regulations, and 

RSA-issued guidance to specific factual 

circumstances that arise in the course of 

CAP professionals’ individual or 

systems advocacy efforts; 

(d) Training and technical assistance 

curricula, materials, and tools, which 

may include resources developed by 

RSA VR technical assistance centers and 

demonstration projects, available at the 

National Clearinghouse of 

Rehabilitation Training Materials; 

(e) Information delivery methods, 

including in-person and virtual 

activities, communities of practice, 

social media, and searchable databases; 

and 

(f) State-of-the-art communication 

tools and platforms, including an 

interactive project website, distance 

learning and convening technologies, 

and searchable databases. 

The training and technical assistance 

plan must be based on a comprehensive 

review of CAP professionals’ needs with 

respect to the required subject areas and 

topics outlined above. The 

comprehensive needs assessment may 

comprise reviews of the RSA–227, 

Unified or Combined State Plans, and 

RSA State monitoring reports as well as 

questionnaires, surveys, and interviews 

with CAP professionals and key 

stakeholders, among others. 

(3) Quality control processes to ensure 

that training and technical assistance 

activities and materials are updated to 

reflect the statutory and regulatory 

changes in the Rehabilitation Act as 

amended by title IV of WIOA, the RSA 

policy guidance updates, and future 

reauthorizations of the Rehabilitation 

Act; 

(4) Coordination with and leveraging 

the resources of RSA’s vocational 

rehabilitation technical assistance 

centers and other Federal or nonFederal programs, including the 

recently funded RSA technical 

assistance centers on Quality 

Employment and Quality Management 

and the National Technical Assistance 

Center on Transition, in the 

development of CAP Training project 

activities, curriculum, materials, and 

tools; 

(5) Coordination with the entity 

providing training and technical 

assistance to the Protection and 

Advocacy of Individual Rights program, 

consistent with section 509 of the 

Rehabilitation Act; and 

(6) Project evaluation based on 

performance measures to be established 

in the notice inviting applications, 

consistent with the Government 

Performance and Results Act. 

CAP Training performance will be 

assessed based on the following 

considerations: 

(a) Quality, relevance, and usefulness 

of the training and technical assistance; 

(b) Trends in pertinent CAP program 

services, including individual and 

systems advocacy; and 

(c) Relationship between the observed 

CAP services trends and the training 

and technical assistance provided under 

this priority. 

The performance assessment will be 

based on a variety of quantitative and 

qualitative data sources, including, but 

not limited to: 

(a) RSA–227; 

(b) Pre- and post-training assessments; 

(c) Questionnaires, surveys, and focus 

groups; 

(d) Success stories; and 

(e) Peer reviews. 

The foregoing performance 

considerations and data sources must be 

incorporated in a comprehensive 

evaluation plan. The evaluation plan 

will include a logic model that outlines 

the proposed project activities, outputs, 

outcomes, baselines, and targets. The 

plan also will describe how the 

evaluation results will be used to 

promote continuous program 

improvement throughout the grant’s 

period of performance. 

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)(a)); 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 Priority: We will announce the 

final priority in a notice in the Federal 

Register. We will determine the final 

priority after considering responses to 

the proposed priority and other 

information available to the Department. 

This document does not preclude us 

from proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules 10217 

Note: This notice 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, 13563, and 

13771 

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 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. 

OMB has determined that this 

proposed 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 rule 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 rule must be fully 

offset by the elimination of existing 

costs through deregulatory actions. 

However, Executive Order 13771 does 

not apply to ‘‘transfer rules’’ that cause 

only income transfers between 

taxpayers and program beneficiaries, 

such as those regarding discretionary 

grant programs. Because the proposed 

priority would be used in connection 

with a discretionary grant program, 

Executive Order 13771 does not apply. 

We have also reviewed this proposed 

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 OMB Office 

of Information and Regulatory Affairs 

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 proposed priority 

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 have also 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. The potential costs 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. The costs 

would include the time and effort in 

responding to the priority for entities 

that choose to respond. 

In addition, we have considered the 

potential benefits of this regulatory 

action and have noted these benefits in 

the Background section of this 

document. The benefits include 

receiving comments regarding the best 

way to provide training to CAP 

professionals. 

Clarity of the Regulations 

Executive Order 12866 and the 

Presidential memorandum ‘‘Plain 

Language in Government Writing’’ 

require each agency to write regulations 

that are easy to understand. The 

Secretary invites comments on how to 

make these proposed priorities easier to 

understand, including answers to 

questions such as the following: 

• Are the requirements in the 

proposed regulations clearly stated? 

• Do the proposed regulations contain 

technical terms or other wording that 

interferes with their clarity? 

• Does the format of the proposed 

regulations (grouping and order of 

sections, use of headings, paragraphing, 

etc.) aid or reduce their clarity? 

• Would the proposed regulations be 

easier to understand if we divided them 

into more (but shorter) sections? 

• Could the description of the 

proposed regulations in the 

SUPPLEMENTARY INFORMATION section of 

the preamble be more helpful in making 

the proposed regulations easier to 

understand? If so, how? 

• What else could we do to make the 

proposed regulations easier to 

understand? 

To send any comments that concern 

how the Department could make these 

proposed regulations easier to 

understand, see the instructions in the 

ADDRESSES section. 

Regulatory Flexibility Act 

Certification: The Secretary certifies that 

this proposed regulatory action would 

not have a significant economic impact 

on a substantial number of small 

entities. The U.S. Small Business 

Administration Size Standards define 

proprietary institutions as small 

businesses if they are independently 

owned and operated, are not dominant 

in their field of operation, and have total 

annual revenue below $7,000,000. 

Nonprofit institutions are defined as 

small entities if they are independently 

owned and operated and not dominant 

in their field of operation. Public 

institutions are defined as small 

organizations if they are operated by a 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10218 Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules 

government overseeing a population 

below 50,000. 

The small entities that this proposed 

regulatory action would affect are public 

or private nonprofit agencies and 

organizations, including Indian Tribes 

and institutions of higher education, 

that may apply. We believe that the 

costs imposed on an applicant by the 

proposed priority would be limited to 

paperwork burden related to preparing 

an application and that the benefits of 

this proposed priority would outweigh 

any costs incurred by the applicant. 

There are very few entities who could 

provide the type of training and 

technical assistance required under the 

proposed priority. For these reasons, the 

proposed priority would not impose a 

burden on a significant number of small 

entities. 

Paperwork Reduction Act of 1995: 

The proposed priority contains 

information collection requirements that 

are approved by OMB under OMB 

control number 1820–0018. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 385. 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. 

Assessment of Educational Impact 

In accordance with section 411 of the 

General Education Provisions Act, 20 

U.S.C. 1221e–4, the Secretary 

particularly requests comments on 

whether these proposed regulations 

would require transmission of 

information that any other agency or 

authority of the United States gathers or 

makes available. 

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. 

David Cantrell, 

Deputy Commissioner, Office of Special 

Education Programs. Delegated the authority 

to perform the functions and duties of the 

Assistant Secretary for the Office of Special 

Education and Rehabilitative Services. 

[FR Doc. 2021–03422 Filed 2–18–21; 8:45 am] 

BILLING CODE 4000–01–P 

POSTAL SERVICE 

39 CFR Part 113 

Treatment of E-Cigarettes in the Mail 

AGENCY: Postal ServiceTM. 

ACTION: Proposed revision, invitation for 

comment. 

SUMMARY: The Postal Service proposes 

to revise Publication 52, Hazardous, 

Restricted, and Perishable Mail, to 

incorporate new statutory restrictions 

on the mailing of electronic nicotine 

delivery systems. Such items would be 

subject to the same prohibition as 

cigarettes and smokeless tobacco, 

subject to many of the same exceptions. 

DATE: We must receive your comments 

on or before March 22, 2021. 

ADDRESSES: Mail or deliver written 

comments to the Manager, Product 

Classification, U.S. Postal Service, 475 

L’Enfant Plaza SW, Room 4446, 

Washington, DC 20260–3436. Email 

comments, containing the name and 

address of the Commenter, may be sent 

to: PCFederalRegister@usps.gov, with a 

subject line of ‘‘E-Cigarette 

Restrictions.’’ Faxed comments are not 

accepted. All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

You may inspect and photocopy all 

written comments, by appointment 

only, at USPS® Headquarters Library, 

475 L’Enfant Plaza SW, 11th Floor 

North, Washington, DC 20260. These 

records are available for review Monday 

through Friday, 9 a.m. and 4 p.m. by 

calling 202–268–2906. 

FOR FURTHER INFORMATION CONTACT: Dale 

E. Kennedy, 202–268–6592. 

SUPPLEMENTARY INFORMATION: The Postal 

Service is proposing to amend 

Publication 52 with the provisions 

described below and, once adopted, will 

incorporate the revised Publication 52 

by reference into 39 CFR part 113. You 

may view the text of the proposed edits 

to Publication 52 at https://pe.usps.com. 

On December 27, 2020, the Preventing 

Online Sales of E-Cigarettes to Children 

Act (‘‘Act’’), Public Law 116–160, div. 

FF, title VI (2020), was enacted. 

Effective 90 days after enactment, 

Section 602 of the Act adds ‘‘electronic 

nicotine delivery systems’’ (ENDS) to 

the definition of ‘‘cigarettes’’ subject to 

regulation under the Jenkins Act, 15 

U.S.C. 375 et seq. Consequently, ENDS 

will also become subject to the 

mailability restrictions and exceptions 

in 18 U.S.C. 1716E, which rely on the 

Jenkins Act definition of ‘‘cigarettes.’’ 18 

U.S.C. 1716E(a)(1). Section 603 of the 

Act requires the Postal Service to 

promulgate implementing regulations 

not later than 120 days after enactment 

and provides that the prohibition on 

mailing ENDS will apply immediately 

‘‘on and after’’ the date of the final rule. 

Current Mailing Restrictions on 

Cigarettes and Smokeless Tobacco 

Currently, 18 U.S.C. 1716E bans the 

mailing of cigarettes and smokeless 

tobacco except in narrowly defined 

circumstances, as described below. 

• Noncontiguous States: Intrastate 

shipments within Alaska or Hawaii; 

• Business/Regulatory Purposes: 

Shipments transmitted between verified 

and authorized tobacco industry 

businesses for business purposes, or 

between such businesses and federal or 

state agencies for regulatory purposes; 

• Certain Individuals: Lightweight 

shipments mailed between adult 

individuals, limited to 10 per 30-day 

period; 

• Consumer Testing: Limited 

shipments of cigarettes sent by verified 

and authorized manufacturers to adult 

smokers for consumer testing purposes; 

and 

• Public Health: Limited shipments 

by federal agencies for public health 

purposes under similar rules applied to 

manufacturers conducting consumer 

testing. 

18 U.S.C. 1716E(b)(2)–(6). Outside of 

these exceptions, the Postal Service 

cannot accept or transmit any package 

that it knows, or has reasonable cause to 

believe, contains nonmailable smokeless 

tobacco or cigarettes. Id. at (a)(1). 


tkelley on DSKBCP9HB2PROD with PROPOSALS