32770 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

channel 16 or phone at 1–800–253– 

7465. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(9) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners and 

broadcast notice to mariners and by onscene designated representatives. 

(d) Enforcement periods. The special 

local regulation in this section will be 

enforced from 9 p.m. to 6 p.m. daily on 

July 10, 2021, and July 11, 2021. 

Dated: June 16, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Ohio Valley. 

[FR Doc. 2021–13064 Filed 6–22–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2020–OSERS–0192] 

Final Priority—Rehabilitation ShortTerm Training: Client Assistance 

Program 

AGENCY: Office of Special Education and 

Rehabilitative Services (OSERS), 

Department of Education. 

ACTION: Final priority. 

SUMMARY: The Department of Education 

(Department) announces a priority 

under the Rehabilitation Short-Term 

Training program, Assistance Listing 

Number 84.246K. We take this action to 

improve the capacity of Client 

Assistance Program (CAP) professionals 

to inform, assist, and advocate for 

clients and client applicants about 

expanded education, training, and 

competitive integrated employment 

opportunities available through the 

State Vocational Rehabilitation Services 

program, and about the benefits and 

services available through other 

programs authorized by the 

Rehabilitation Act of 1973 

(Rehabilitation Act), as amended by the 

Workforce Innovation and Opportunity 

Act (WIOA). We may use this priority 

for competitions in Federal fiscal year 

(FFY) 2021 and later years. The priority 

will provide enhanced training and 

technical assistance on CAP duties and 

responsibilities under section 112 of the 

Rehabilitation Act, State Vocational 

Rehabilitation (VR) service provision 

requirements and other benefits and 

services under 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. 

DATES: This priority is effective July 23, 

2021. 

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: 

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 program, 

independent living services programs, 

and Client Assistance Program, 

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 parts 385 and 390. 

We published a notice of proposed 

priority (NPP) for this competition in 

the Federal Register on February 19, 

2021 (86 FR 10213). The NPP contained 

background information and our reasons 

for proposing the priority. 

Editorial and technical revisions are 

explained in the discussion of 

comments that follow. 

Public Comment: In response to our 

invitation in the NPP, 23 parties 

submitted comments on the proposed 

priority. 

We group major issues according to 

subject. Generally, we do not address 

technical and other minor changes or 

suggested changes the law does not 

authorize us to make. In addition, we do 

not address general comments that raise 

concerns not directly related to the 

proposed priority. 

Analysis of Comments and Changes: 

An analysis of the comments and of any 

changes in the priority since publication 

of the NPP follows. 

State VR/CAP Coordination and 

Communication 

Comment: Several commenters 

addressed the priority’s requirement 

that, in providing training and technical 

assistance, the grantee considers the 

challenges that State VR agencies face in 

implementing WIOA’s expanded VR 

services provisions. These commenters 

expressed the concern that the priority’s 

emphasis on VR agency challenges 

would have the effect of ‘‘shielding’’ the 

agency from its statutory responsibility 

to provide quality and timely VR 

services in accordance with the 

Rehabilitation Act. These commenters 

indicated that CAPs also face similar 

challenges and argue that any 

consideration of WIOA implementation 

challenges should encompass both 

perspectives. 

Conversely, some commenters cited 

several VR agency challenges and 

limitations—financial and nonfinancial—beyond those referenced in 

the NPP and about which, these 

commenters believe, CAPs may not be 

sufficiently aware. These commenters 

cited, as examples, issues related to the 

Rehabilitation Act-Individuals with 

Disabilities Education Act coordination 

in the delivery of pre-employment 

transition services; the Rehabilitation 

Act’s maintenance of effort 

requirements; and parameters set by the 

States’ written policies governing the 

nature and scope of VR services and the 

Uniform Administrative Requirements, 

Cost Principles, and Audit 

Requirements (2 CFR part 200), among 

others. The commenters recommended 

greater emphasis on improving 

communication between the CAPs and 

the State VR agencies to promote mutual 

understanding about their distinct roles, 

approaches, and perspectives; more 

training about the impact of Federal and 

State statutes, regulations, and policies 

on the delivery of VR services in the 

States; and closer coordination between 

the CAPs and the State VR agencies on 

both individual cases and statewide 

initiatives to improve competitive 

integrated employment outcomes for VR 

clients and applicants. Additionally, 

one commenter recommended that the 

comprehensive needs assessment 

questionnaires, surveys, or focus group 

include broader input from VR agencies 

and the State Rehabilitation Councils 

(SRCs). 

Discussion: The Department agrees 

that the priority’s references to VR 

agency challenges should not be 

interpreted as a dispensation from the 

VR program requirements in the 

Rehabilitation Act, as amended by 

WIOA. The Department also agrees that 


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VR clients and applicants would be well 

served by increased coordination, 

communication, and cross-training 

between CAPs and VR agencies. The 

priority includes several provisions that 

promote such coordination, 

communication, and training. Required 

training topics include the obstacles 

faced by individuals represented by the 

CAPs and the challenges faced by VR 

agencies; the roles of SRCs, workforce 

development partners, and other key VR 

stakeholders; leadership, relationshipbuilding, and outreach skills for CAP 

professionals; strategic assessments of 

VR program challenges, needs, and 

opportunities based on the CAPs; and 

strategic engagement with State VR 

agencies, SRCs, and other stakeholders 

in response to such assessments. In 

addition, the NPP requires that CAP 

training and technical assistance be 

based on a comprehensive needs 

assessment that considers the needs of 

CAP professionals and individuals with 

disabilities in the context of VR program 

challenges, needs, and opportunities. 

We are revising the priority to further 

emphasize CAP coordination and 

communication with the stated purpose 

of improving VR service delivery and, 

thus, competitive integrated 

employment outcomes for VR clients 

and applicants. 

Changes: The Department added 

language encouraging greater 

communication, coordination, crosstraining, and feedback between the CAP 

and the State VR agencies, SRCs, 

workforce partners, and other programs 

and services available under the 

Rehabilitation Act in the priority’s 

introductory paragraphs; in required 

topic areas (a)(1)(iv) and (vi) and (a)(3)(i) 

and (iii); and in the comprehensive 

needs assessment section. Also, we 

added a reference to the CAP’s 

participation in the SRC under the CAP 

duties and responsibilities required 

topic area. 

Policy Analysis 

Comment: One commenter suggested 

that policy analysis is an additional area 

that needs to be addressed in the CAP 

Training priority. The commenter points 

out that, under section 101(a)(16)(A) 

and (B) of the Rehabilitation Act, the 

designated State agency is required to 

actively consult with the CAP prior to 

the adoption of any policies or 

procedures governing the provision of 

VR services under the State plan, or 

amendments thereof, and to consider 

the views of the CAP director in matters 

of general policy arising in the 

administration of the plan. 

Discussion: The Department agrees 

that CAP professionals must develop the 

expertise necessary to advise State 

designated agencies on proposed 

policies and procedures governing the 

provision of VR services, consistent 

with section 101(a)(16)(A) and (B)(iv) of 

the Rehabilitation Act. The NPP 

supports the development of such 

expertise by requiring CAP training on 

the service provision requirements in 

the Rehabilitation Act and its 

regulations, policy guidance, and legal 

decisions, including those related to 

section 113 on pre-employment 

transition services and section 511 

regarding limitations on use of 

subminimum wage. We are revising the 

priority to further foster and facilitate 

meaningful CAP input on policies or 

procedures governing the provision of 

VR services before they are adopted by 

the State designated agency, consistent 

with the Rehabilitation Act. The final 

priority’s new provisions on 

coordination and communication 

discussed above should also foster 

favorable conditions for the CAPs to 

provide input on proposed VR service 

provision policies and procedures. 

Changes: The Department added a 

reference to section 101(a)(16) under the 

final priority’s required topic area on 

CAP duties and responsibilities. 

Dispute Resolution Between CAPs and 

State VR Agencies 

Comment: One commenter stated that 

the priority should encourage CAPs and 

State VR agencies to resolve disputes at 

the lowest level of intervention possible 

to minimize the need for litigation and 

maximize the amount of Federal funds 

available for the provision of VR 

services that individuals need to obtain 

their employment goals under the 

Rehabilitation Act. 

Discussion: The Department agrees 

that the priority should encourage CAPs 

to resolve disputes at the lowest level 

possible. Accordingly, alternate dispute 

resolution is one of the required training 

topic areas under this priority. Also, the 

notice inviting applications published 

elsewhere in this issue of the Federal 

Register includes two pertinent 

Government Performance and Results 

Act (GPRA) performance measures: 

Number and percentage of individual 

cases resolved through alternative 

dispute resolution and number of nonlitigation systemic activities not 

involving individual representation that 

resulted in the change of one or more 

policies or practices of an agency. 

Moreover, we expect that the priority’s 

provisions regarding coordination and 

communication between CAPs, State VR 

agencies, and other programs within the 

scope of CAP will help create an 

environment favorable to non-litigation 

dispute resolution activities and 

outcomes. 

Changes: None. 

CAP Training Nature and Scope 

Comment: One commenter raised the 

question of whether the CAP Training 

priority’s purview extends beyond the 

VR services outlined in Title I of the 

Rehabilitation Act, as amended by 

WIOA. The commenter notes that 

section 112(a) extends the CAP 

program’s role to all the projects, 

programs, and services provided under 

the Rehabilitation Act, including 

independent living. 

Discussion: The Department agrees 

that, under section 112(a) of the 

Rehabilitation Act, CAPs are responsible 

for informing, assisting, advising, and 

advocating for projects, programs, and 

services under the Rehabilitation Act 

beyond VR, including the independent 

living programs. In response, the 

priority has been revised to ensure 

consistency with Section 112(a) of the 

Rehabilitation Act. 

Changes: The Department 

incorporated throughout the priority 

references to other projects, programs, 

and services provided by the 

Rehabilitation Act, in addition to the 

priority’s original references to the VR 

program. 

Comment: One commenter expressed 

support for the priority’s provisions 

regarding CAP Training coordination 

with the Rehabilitation Services 

Administration (RSA) VR technical 

assistance centers. Also, the commenter 

recommended further integration with 

the technical assistance centers through 

the CAP Training grantee’s participation 

in the Intensive Technical Assistance 

(ITA) agreements established between 

the technical assistance centers and 

participating State VR agencies. The 

commenter also recommended that the 

CAP Training grantee join the Technical 

Assistance Center Collaborative that 

convenes monthly to coordinate 

delivery of the centers’ technical 

assistance to the VR agencies. 

Discussion: The Department agrees 

with the importance of coordination 

between the CAP Training program and 

the RSA VR technical assistance centers. 

Accordingly, the priority requires the 

coordination and leveraging of resources 

between the CAP Training grantee and 

the technical assistance centers. 

Towards that end, we will encourage 

the CAP Training grantee to attend the 

Technical Assistance Center 

Collaborative meetings. However, it is 

not feasible or appropriate for the CAP 

Training grantee to participate directly 

in the ITA agreements. CAP Training 

activities do not constitute ITA, as 


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32772 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

defined in the technical assistance 

centers’ final priority. Under the 

priority, CAP training is available 

primarily to individual CAP 

professionals nationwide, whereas 

technical assistance to CAPs in 

individual States are available on a 

short-term, issue-specific basis only. 

The CAP Training grantee will be able 

to learn about the ITA agreements 

through its participation in the 

Technical Assistance Center 

Collaborative. Participation in the 

collaborative may also offer 

opportunities for short-term 

collaborative opportunities between 

CAP Training and the technical 

assistance centers in individual States. 

Changes: None. 

Funding Needs 

Comment: Several commenters noted 

that the priority’s increased focus on 

strategic planning and resource 

management would require increased 

funding relative to that under the prior 

priority. 

Discussion: The funding level 

established in the notice inviting 

applications published elsewhere in this 

issue of the Federal Register for the FFY 

2021 competition reflects the 

Department’s recognition of the funding 

needs associated with the increased 

focus on strategic planning and resource 

management capacity-building and 

other aspects of this priority. 

Changes: None. 

Access to State Plans and Program 

Reports 

Comment: Several commenters 

questioned whether the grantee would 

have the necessary access to Unified or 

Combined State Plans, State monitoring 

reports, Annual Client Assistance 

Program Reports (RSA–227), and input 

from VR clients. 

Discussion: The approved Unified and 

Combined State plans can be found at 

https://wioaplans.ed.gov/. The State 

monitoring reports, RSA–227, State VR 

annual reports, and other pertinent 

information resources are currently 

available on the RSA’s upgraded 

information management system, at 

rsa.ed.gov. The Department expects that 

these information resources will be used 

for two broad purposes under this 

priority: A comprehensive needs 

assessment that the grantee will conduct 

at the national level and the strategic 

planning activities that individual CAPs 

will conduct at the State level. RSA will 

provide the CAP Training grantee with 

technical assistance to access State 

Plans, RSA–227s, State monitoring 

reports, and other pertinent resources 

for its comprehensive needs assessment. 

In turn, the CAP Training grantee is 

expected to help individual CAPs to 

access and analyze these resources and 

to gather and assess input from VR 

clients and other key stakeholders as 

part of their strategic planning activities. 

Changes: None. 

FINAL PRIORITY: 

Rehabilitation Short-Term Training— 

Client Assistance Program (CAP 

Training). 

This CAP Training priority is 

designed to provide CAP professionals 

the necessary knowledge, competencies, 

and skills to inform, assist, and advocate 

for clients and client-applicants 

regarding expanded education, training, 

and competitive integrated employment 

opportunities and other services and 

benefits available under the 

Rehabilitation Act of 1973, as amended 

by WIOA. 

Under this priority, the grantee must 

provide comprehensive and in-depth 

training and technical assistance 

activities that provide updated 

information about CAP duties and 

responsibilities under the Rehabilitation 

Act; expanded VR service provisions in 

the Rehabilitation Act, including section 

113 on pre-employment transition 

services and section 511 regarding 

limitations on use of subminimum 

wage; and on other education, training, 

and employment opportunities under 

WIOA, including career pathways, 

apprenticeships, and customized 

employment. The training and technical 

assistance must enhance CAP 

professionals’ individual and systems 

advocacy competencies and their 

leadership, relationship-building, and 

outreach skills. In addition, the training 

and technical assistance must 

strengthen the institutional effectiveness 

of the CAPs in the individual States 

through strategic planning and resource 

management capacity-building 

activities. In providing the training and 

technical assistance, the grantee must 

consider the challenges and 

opportunities experienced by the VR 

program and other programs authorized 

under the Rehabilitation Act, as 

amended by WIOA, and encourage 

greater communication and 

coordination between the CAPs and 

those programs. 

Under this priority, the Secretary 

funds 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: 

(a) Training and technical assistance 

to increase CAP professionals’ 

knowledge, skills, and competencies in 

the four broad subject areas and related 

topics: 

(1) The Rehabilitation Act, as 

amended by WIOA, including— 

(i) CAP duties and responsibilities 

under section 112(a) of the 

Rehabilitation Act and other pertinent 

provisions including section 101(a)(16) 

regarding CAP consultation on draft 

policies and procedures governing the 

provision of VR services and section 

105(b) regarding CAP membership on 

the SRC; 

(ii) VR service provision requirements 

in the Rehabilitation Act and its 

regulations, policy guidance, and legal 

decisions, including those regarding 

section 113 on pre-employment 

transition services and section 511 

regarding limitations on use of 

subminimum wage; 

(iii) Requirements related to other 

projects, programs, and services under 

the Rehabilitation Act, as amended by 

WIOA, including the independent living 

programs authorized in Title VII; 

(iv) Expanded training, education, 

and employment opportunities under 

WIOA, including but not limited to the 

provision of pre-employment transition 

services, apprenticeships, customized 

employment, career pathways, and the 

focus on postsecondary credential 

attainment, including advanced degrees; 

(v) Challenges and opportunities in 

implementing the expanded VR service 

provisions and other benefits available 

under the Rehabilitation Act, as 

amended by WIOA, including 

consideration of Federal and State 

statutes, regulations, and policies that 

impact the delivery of VR services in the 

States, such as the transition services 

provisions of the Individuals with 

Disabilities Education Act; 

(vi) Obstacles that individuals with 

disabilities—including individuals with 

the most significant disabilities, 

students and youth with disabilities, 

members of traditionally unserved or 

underserved groups, and individuals in 

economically disadvantaged 

communities—experience in accessing 

VR services and other services and 

benefits under the Rehabilitation Act; 

and 

(vii) The complementary roles of 

CAPs, State VR agencies, SRCs, 

community rehabilitation programs, 

WIOA core partners, and key 

stakeholders of the VR program and 

other services and programs authorized 

by the Rehabilitation Act, as amended 

by WIOA. 

(2) Discrete skills related to CAP 

duties and responsibilities, including— 

(i) Individual advocacy; 

(ii) Systems advocacy; 

(iii) Alternate dispute resolution; and 


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(iv) Leadership, relationship-building, 

and outreach. 

(3) Strategic planning, including— 

(i) Assessments of the State’s program 

priorities, challenges, needs, and 

opportunities in implementing the 

expanded VR program provisions and 

other benefits and services under the 

Rehabilitation Act, as amended by 

WIOA. Strategic assessments may 

include targeted reviews of the Unified 

or Combined State Plans, monitoring 

reports, Annual Client Assistance 

Program Report (RSA–227), other State 

Plans and reports, and input from 

agency leadership and staff, SRC 

members, clients, applicants, and other 

key stakeholders; 

(ii) Development of the individual 

CAPs’ strategic goals and action plans 

(including their particular training or 

technical assistance needs), based on 

identified program priorities, 

challenges, needs, and opportunities; 

and 

(iii) Strategic outreach and 

engagement with State VR agencies, 

SRCs, and other stakeholders associated 

with the programs and services 

authorized under the Rehabilitation Act 

to increase collaboration in support of 

improved service delivery and outcomes 

in the State. 

(4) Resource management, 

including— 

(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. 

(b) Comprehensive plan for the 

provision of training and technical 

assistance on the required subject areas 

and topics, based on a comprehensive 

assessment of CAP professionals’ needs. 

The training and technical assistance 

plan must describe the following: 

(1) Subject areas and topics, 

specifically, how they will be 

prioritized and made available in the 

initial year and subsequent years of the 

project; 

(2) Training activities, consisting of 

both established training modules and 

ad hoc training responsive to emerging 

circumstances or trends; 

(3) Technical assistance, consisting of 

individualized assistance on applying 

principles and practices from training 

on the required 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; 

(4) Training and technical assistance 

curricula, materials, and tools, which 

may incorporate the resources 

developed by current and former RSA 

VR technical assistance centers and 

demonstration projects, available at the 

National Clearinghouse of 

Rehabilitation Training Materials; 

(5) Information delivery methods, 

including in-person and virtual 

activities, communities of practice, 

social media, and searchable databases; 

and 

(6) State-of-the-art communication 

tools and platforms, including an 

interactive project website, distance 

learning and convening technologies, 

and searchable databases. 

The comprehensive needs assessment 

may comprise selective reviews, on a 

national basis, of RSA–227s, Unified or 

Combined State Plans, RSA State 

monitoring reports, other State Plans 

and reports, and input from CAP 

professionals and key stakeholders, 

including VR agency and SRC 

representatives. 

(c) 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 WIOA, the RSA policy 

guidance updates, and future 

reauthorizations of the Rehabilitation 

Act. 

(d) Coordination with and leveraging 

the resources of RSA’s vocational 

rehabilitation technical assistance 

centers and other Federal or nonFederal programs, including the 

National Technical Assistance Center on 

Transition and the recently funded RSA 

technical assistance centers on Quality 

Employment and Quality Management 

in the development and delivery of CAP 

Training project activities, curriculum, 

materials, and tools. 

(e) 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. 

(f) Comprehensive evaluation plan 

based on performance measures 

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) Increased capacity to provide 

individual and systems advocacy, 

alternative dispute resolution, and 

outreach to unserved or underserved 

populations, as reported by the CAP 

professionals. 

(b) Trends in pertinent CAP services, 

including individual and systems 

advocacy. 

(c) Relationship between the observed 

CAP services trends and the training 

and technical assistance provided under 

this priority. 

The performance evaluation 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 evaluation plan must include a 

logic model that outlines the proposed 

project activities, outputs, outcomes, 

baselines, and targets. The plan also 

must 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)(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)). 

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. 


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32774 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

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 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. 

We have also reviewed this 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 this final priority only 

on a reasoned determination that the 

benefits will justify the 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 will 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 will 

include the time and effort in 

responding to the priority for entities 

that choose to respond. Potential 

benefits include increased access to the 

educational, training, and competitive 

integrated employment opportunities 

under the Rehabilitation Act, as 

amended by WIOA, for individuals with 

disabilities, through improved CAP 

professional development and 

institutional capacity nationwide. 

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 Federal 

financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Regulatory Flexibility Act 

Certification: The Secretary certifies that 

this final 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 final 

regulatory action will affect are States 

and public or private nonprofit agencies 

and organizations, including Indian 

Tribes and institutions of higher 

education, which are the eligible 

applicants for this program. We believe 

that the costs imposed on an applicant 

by the final priority are limited to the 

paperwork burden related to preparing 

an application and that the benefits of 

the final priority will outweigh any 

costs incurred by the applicant. There 

are very few entities that could provide 

the type of technical assistance required 

under the final priority. For these 

reasons, the final priority will not 

impose a burden on a significant 

number of small entities. 

Paperwork Reduction Act of 1995: 

The priority contains information 

collection requirements that are 

approved by OMB under OMB control 

number 1820–0018; the priority does 

not affect the currently approved data 

collection. 

Accessible Format: On request to the 

contact person listed under FOR FURTHER

INFORMATION 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 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 


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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32775 

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 Director, 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. 2021–13191 Filed 6–17–21; 4:15 pm] 

BILLING CODE 4000–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 27 

[AU Docket No. 21–62; DA 21–655; FR ID 

32766] 

Auction of Flexible-Use Service 

Licenses in the 3.45–3.55 GHz Band for 

Next-Generation Wireless Services; 

Notice and Filing Requirements, 

Minimum Opening Bids, Upfront 

Payments, and Other Procedures for 

Auction 110; Bidding in Auction 110 

Scheduled To Begin October 5, 2021 

AGENCY: Federal Communications 

Commission. 

ACTION: Final action; requirements and 

procedures. 

SUMMARY: This document establishes the 

procedures to be used for Auction 110, 

the Auction of new flexible-use licenses 

in the 3.45–3.55 GHz band (the 3.45 

GHz Service). 

DATES: Applications to participate in 

Auction 110 must be submitted before 6 

p.m. Eastern Time (ET) on July 21, 2021. 

Upfront payments for Auction 110 must 

be received by 6 p.m. ET on September 

9, 2021. Bidding in Auction 110 is 

scheduled to start on October 5, 2021. 

FOR FURTHER INFORMATION CONTACT: 

General Auction 110 Information: 

FCC Auctions Hotline at 888–225–5322, 

option two; or 717–338–2868. 

Auction 110 Legal Information: Mary 

Lovejoy or Andrew McArdell at 202– 

418–0660. 

3.45 GHz Service Information: Joyce 

Jones at 202–418–1327. 

3.45 GHz Service Technical 

Information: Ira Keltz, (202) 418–0616. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 110 Procedures 

Public Notice, released on June 9, 2021. 

The complete text of the Auction 110 

Procedures Public Notice, including 

attachments and any related document, 

are available on the Commission’s 

website at www.fcc.gov/auction/110 or 

by using the search function for AU 

Docket No. 21–62, DA 21–655, on the 

Commission’s Electronic Comment 

Filing System (ECFS) web page at 

www.fcc.gov/ecfs. Alternative formats 

are available to persons with disabilities 

by sending an email to FCC504@fcc.gov 

or by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

I. General Information 

A. Introduction 

1. By the Auction 110 Procedures 

Public Notice, the Office of Economics 

and Analytics (OEA), jointly with the 

Wireless Telecommunications Bureau 

(WTB), establishes the procedures to be 

used for Auction 110, the auction of 

new flexible-use licenses in the 3.45– 

3.55 GHz band (the 3.45 GHz Service). 

Auction 110 is the Commission’s third 

scheduled auction of mid-band 

spectrum, which is intended to further 

the deployment of fifth-generation (5G) 

wireless, the Internet of Things (IoT), 

and other advanced spectrum-based 

services across the country. The Auction 

110 Procedures Public Notice continues 

to implement section 905 of the 

Consolidated Appropriations Act, 2021, 

which required the Commission to start 

an auction to grant new initial licenses 

subject to flexible use in the 3450–3550 

MHz (3.45 GHz) band by December 31, 

2021. 

2. The bidding for new licenses in 

Auction 110 is scheduled to commence 

on October 5, 2021. The Auction 110 

Procedures Public Notice provides 

details regarding the procedures, terms, 

conditions, dates, and deadlines 

governing participation in Auction 110 

bidding, as well as an overview of the 

post-auction application and payment 

processes. 

B. Background and Relevant Authority 

3. In the 3.45 GHz Second Report and 

Order, 86 FR 17920, April 7, 2021, the 

Commission made available 100 

megahertz of spectrum in the 3.45–3.55 

GHz band for licensed use within the 

contiguous United States. In that Order, 

the Commission allocated the 3.45–3.55 

GHz band for new non-federal fixed and 

mobile (except aeronautical mobile) 

operations in the contiguous United 

States. Among other things, the 

Commission authorized both fixed and 

mobile operations in the 3.45–3.55 GHz 

band using geographic area licensing, 

established licensing and operating 

rules for the new 3.45 GHz Service, and 

decided to use its competitive bidding 

rules to assign 3.45 GHz Service 

licenses. 

4. On March 18, 2021, in accordance 

with section 309(j)(3) of the 

Communications Act of 1934, as 

amended (Communications Act), the 

Commission released a public notice 

seeking comment on certain competitive 

bidding procedures and various other 

procedures to be used in Auction 110. 

The Commission received comments 

from eight parties in response to the 

Auction 110 Comment Public Notice, 86 

FR 18000, April 07, 2021, and eight 

reply comments. In the Auction 110 

Procedures Public Notice, OEA and 

WTB resolve all open issues raised in 

the Auction 110 Comment Public Notice 

and address the comments received. 

5. Other Commission rules and 

decisions provide the underlying 

authority for the procedures OEA and 

WTB adopt today for Auction 110. 

Among other things, prospective 

applicants should familiarize 

themselves with the Commission’s 

general competitive bidding rules, 

including recent amendments and 

clarifications thereto, as well as 

Commission decisions regarding 

competitive bidding procedures, 

application requirements, and 

obligations of Commission licensees. 

Prospective applicants also should 

familiarize themselves with the 

Commission’s rules regarding the 3.45 

GHz Service, as well as the licensing 

and operating rules that are applicable 

to all part 27 services. In addition, 

applicants must be thoroughly familiar 

with the procedures, terms, and 

conditions contained in the Auction 110 

Procedures Public Notice and any future 

public notices that may be released in 

this proceeding. 

6. The terms contained in the 

Commission’s rules, relevant orders, 

and public notices are not negotiable. 

The Commission may amend or 

supplement the information contained 

in its public notices at any time and will 

issue public notices to convey any new 

or supplemental generally applicable 

information to applicants. Pursuant to 

the Commission’s rules, OEA and WTB 

also retain the authority to implement 

further procedures during the course of 

this auction. It is the responsibility of all 

applicants to remain current with all 

Commission rules and with all public 

notices pertaining to Auction 110. 

C. Description of Licenses To Be Offered 

in Auction 110 

7. Auction 110 will offer 4,060 new 

flexible-use licenses for spectrum in the 

3.45–3.55 GHz band throughout the 

contiguous United States. The 100 

megahertz of spectrum in this band will 

be licensed on an unpaired basis and 

divided into ten 10-megahertz blocks in 


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