36222 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 

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 and 

definition 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. 

The Department believes that this 

regulatory action will not impose 

significant costs on eligible entities, 

whose participation in our programs is 

voluntary, and costs can generally be 

covered with grant funds. As a result, 

the priority and definition will not 

impose any particular burden except 

when an entity voluntarily elects to 

apply for a grant. The benefits of the 

priority and definition will outweigh 

any associated costs because they will 

help ensure that the Department’s TSL 

grant program selects high-quality 

applicants to implement activities that 

are designed to address High-Need 

Schools. 

Regulatory Flexibility Act 

Certification: The Secretary certifies that 

this regulatory action does 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 government 

overseeing a population below 50,000. 

The small entities that this regulatory 

action would affect are school districts, 

nonprofit organizations, and for-profit 

organizations. Of the impacts we 

estimate accruing to grantees or eligible 

entities, all are voluntary and related 

mostly to an increase in the number of 

applications prepared and submitted 

annually for competitive grant 

competitions. Therefore, we do not 

believe that the priority and definition 

would significantly impact small 

entities beyond the potential for 

increasing the likelihood of their 

applying for, and receiving, competitive 

grants from the Department. 

Paperwork Reduction Act of 1995: 

The priority and definition contain 

information collection requirements that 

are approved by OMB under OMB 

control number 1810–0758; the priority 

and definition do not affect the 

currently approved data collection. An 

FY 2021 competition would require 

applicants to complete and submit an 

application for Federal assistance using 

Department standard application forms. 

As a part of the application submission, 

respondents, who are LEAs, State 

educational agencies, the Bureau of 

Indian Education, nonprofit or for-profit 

organizations, or a combination thereof, 

will submit information demonstrating 

that each school included in the TSLassisted project is a High-Need school. 

We estimate that for the FY 2021 TSL 

competition and later competitions, 

each applicant will spend 

approximately 87 hours of staff time to 

address the priority and definition. 

Based on the number of applications the 

Department received in the FY 2020 

TSL competition, we expect to receive 

approximately 100 applications for 

these funds. The total number of hours 

for all expected applicants to address 

this priority and definition is an 

estimated 8,700 hours. 

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 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. 

Ian Rosenblum, 

Deputy Assistant Secretary for Policy and 

Programs Delegated the Authority to Perform 

the Functions and Duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

[FR Doc. 2021–14712 Filed 7–8–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter II 

RIN 1801–AA24 

Final Requirements; American Rescue 

Plan Act Homeless Children and Youth 

Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final requirements. 

SUMMARY: The Department of Education 

(Department) establishes requirements 

for the Homeless Children and Youth 

program (ARP–HCY), under section 

2001(b)(1) of the American Rescue Plan 

Act of 2021 (ARP Act). These 

requirements are intended to clarify 

program requirements and streamline 

and clarify the process for State 

educational agencies (SEAs) to award 

subgrants to local educational agencies 

(LEAs). 

DATES: These final requirements take 

effect July 9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Spitz, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3W200, Washington, DC 20202. 

Telephone: (202) 260–3793. Email: 

deborah.spitz@ed.gov. 


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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 ARP–HCY 

program provides a total of $800 million 

for the Secretary of Education 

(Secretary) to use for the purposes of 

identifying homeless children and 

youth and providing homeless children 

and youth with wrap-around services in 

light of the challenges of the COVID–19 

pandemic and assistance needed to 

enable homeless children and youth to 

attend school and participate fully in 

school activities. These funds may be 

used by States to address urgent needs 

of children and youth experiencing 

homelessness—including academic, 

social, emotional, and mental health 

needs. The funds will also be used by 

States and local educational agencies 

(LEAs) to increase capacity by hiring 

staff, dedicating resources, and planning 

partnerships with community-based 

organizations, among other strategies. 

Program Authority: Section 2001(b)(1) 

of the ARP Act, Public Law 117–2, 

March 11, 2021. 

Background: The ARP–HCY program 

provides $800 million to fund vital 

assistance to homeless children and 

youth. On April 26, 2021, the 

Department released approximately 25 

percent of these funds (ARP Homeless I) 

as a supplement to SEAs’ grants under 

the Education for Homeless Children 

and Youths (EHCY) program authorized 

by Title VII–B of the McKinney-Vento 

Homeless Assistance Act (McKinneyVento Act). SEAs and LEAs may use 

ARP Homeless I funds for a wide range 

of services and activities, including 

tutoring, transportation, coordination 

with housing, health and social services, 

counseling, and other supports for 

academic, social, emotional, and mental 

health needs, to address the urgent 

needs of homeless children and youth. 

Funds may also be used to build SEA 

and LEA capacity to effectively 

administer these funds. SEAs were 

encouraged to use the initial 

disbursement of funds to supplement 

existing EHCY grants, and many have 

done so or are in the process of doing 

so. 

The Secretary is establishing final 

requirements for the second 

disbursement of ARP–HCY funds (ARP 

Homeless II) related to program 

requirements and the formula for the 

SEAs’ distribution of these funds to 

LEAs. 

In paragraph (a) of the final 

requirements, the Department provides 

that the requirements apply to an SEA’s 

ARP Homeless II allocation. 

Paragraph (b) provides that the funds 

are subject to all provisions of Title VII– 

B of the McKinney-Vento Act, except as 

provided in paragraph (c), which 

governs subgrants to LEAs. The 

Department establishes this requirement 

because the EHCY program supports an 

existing infrastructure of State 

Coordinators in States and local liaisons 

in LEAs. Furthermore, the allowable 

activities under this program are 

broadly defined and meet a wide range 

of academic, social, emotional, and 

mental health needs of children and 

youth experiencing homelessness. 

Creating a program with different 

requirements and a different 

infrastructure is likely to result in 

confusion and duplication of efforts, at 

a time when students urgently need 

support. 

Paragraph (c) of the requirements 

contains a formula for the SEAs’ 

distribution of funds to LEAs from the 

funds remaining after the SEA State 

activities reservation (which may be up 

to 25 percent of the SEA’s award, 

consistent with section 722(e)(2) of the 

McKinney-Vento Act). The McKinneyVento Act includes a statutory 

requirement that States distribute at 

least 75 percent of funds to LEAs. It also 

requires SEAs to award these funds 

competitively to LEAs using criteria 

based on need and quality. This 

requirement ensures that the limited 

EHCY program funds that have 

historically been appropriated under 

this program are distributed to the LEAs 

with the greatest need but has also 

resulted in only approximately 25 

percent of LEAs receiving EHCY 

subgrants. Given the substantial 

increase in funding for supports and 

services for homeless children and 

youth under the ARP Act, the need for 

rapid distribution to meet urgent 

student needs, and the importance of 

serving students experiencing 

homelessness in communities that have 

not historically participated in the 

EHCY subgrant program, the 

Department establishes a requirement in 

paragraph (c)(1) that the SEA distribute 

the ARP Homeless II funds to LEAs by 

formula rather than competition. 

Requiring SEAs to distribute the ARP 

Homeless II funds to LEAs by formula 

will ensure that the vast majority of 

LEAs will be able to receive subgrants. 

The formula is based equally on the 

proportional share of an LEA’s 

allocation under Title I, Part A of the 

Elementary and Secondary Education 

Act of 1965 (ESEA) for the most recent 

fiscal year, and the LEA’s proportional 

share of the number of homeless 

children and youth identified by each 

LEA relative to all LEAs in the State, 

using the greater of the number of 

homeless children and youth in either 

the 2018–19 or 2019–20 school year in 

each LEA. This formula ensures a 

balance in the distribution of funds to 

focus on the needs of the LEAs, 

considering both the LEA’s number of 

low-income students and the number of 

homeless children and youth. In 

addition, allowing the use of either the 

2018–19 school year or 2019–20 school 

year homeless counts takes into 

consideration the potential for 

undercounting in the 2019–20 school 

year due to COVID–19 by allowing LEAs 

to use the greater of the two numbers. 

The Department establishes in 

paragraph (c)(2) that an LEA must have 

an allocation of at least $5,000 under the 

formula to be eligible for an ARP 

Homeless II subgrant on its own. This 

$5,000 minimum will enable each 

subgrantee to have sufficient ARP 

Homeless II funds to address the needs 

of homeless children and youth. We 

chose as the threshold the smallest 

amount reasonable to sufficiently 

implement a local program. If an LEA’s 

allocation would be less than $5,000, in 

order to receive an ARP Homeless II 

subgrant, the LEA must join a 

consortium of LEAs in which the sum 

of its members’ allocations meets the 

$5,000 threshold. For LEAs with an 

allocation less than $5,000, the rule 

encourages the use of consortia to create 

favorable economies of scale. 

Final Requirements: The Secretary 

establishes the following final 

requirements for the ARP–HCY 

program. 

(a) Applicability. These requirements 

apply to a State educational agency’s 

(SEA) second allocation of funds from 

the Department of Education under 

section 2001(b)(1) of the American 

Rescue Plan Act of 2021 (ARP Homeless 

II). 

(b) Program administration. The funds 

described in paragraph (a) are subject to 

all provisions of Title VII–B of the 

McKinney-Vento Homeless Assistance 

Act, except as provided in paragraph (c). 

(c) Subgrants to local educational 

agencies (LEAs). 

(1) Each SEA must award subgrants 

by allocating not less than 75 percent of 

the funds it receives under the ARP 

Homeless II program to LEAs as follows: 

(i) 50 percent in proportion to the 

amount that each LEA received under 

Part A of Title I of the Elementary and 

Secondary Education Act of 1965, as 

amended, for the most recent fiscal year; 

and 

(ii) 50 percent in proportion to the 

number of homeless children and youth 


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identified by each LEA relative to all 

LEAs in the State, using the greater of 

the number of homeless children and 

youth in either the 2018–19 or 2019–20 

school year in each LEA. 

(2) An SEA may not make a subgrant 

to an LEA under paragraph (c)(1) if the 

amount of such subgrant would be less 

than $5,000. An LEA that does not meet 

this minimum allocation requirement 

may receive a subgrant only as part of 

a consortium with other LEAs if the 

total of their combined allocations is at 

least $5,000. 

(3) For the purpose of paragraph (c), 

a consortium means a subgrantee that 

consists of more than one LEA. 

Waiver of Notice and Comment 

Rulemaking and Delayed Effective Date 

Under the Administrative Procedure 

Act (APA) (5 U.S.C. 553), the 

Department generally offers interested 

parties the opportunity to comment on 

proposed requirements. However, the 

APA provides that an agency is not 

required to conduct notice and 

comment rulemaking when the agency 

for good cause finds that notice and 

public comment thereon are 

impracticable, unnecessary, or contrary 

to the public interest. 5 U.S.C. 553(b)(B). 

Here, there is good cause to waive 

notice and comment rulemaking due to 

the urgent needs of children and youth 

experiencing homelessness in light of 

the national pandemic, as going through 

the full rulemaking process would delay 

the awarding of these grants to SEAs 

and LEAs. 

The good cause exception is 

appropriate ‘‘in emergency situations or 

where delay could result in serious 

harm.’’ See Jifry v. FAA, 370 F.3d 1174, 

1179 (D.C. Cir. 2004) (internal citations 

omitted). ‘‘The public interest prong of 

the good cause exception to the APA 

notice and comment requirement is met 

only in the rare circumstance when 

ordinary procedures—generally 

presumed to serve the public interest— 

would in fact harm that interest.’’ Mack 

Trucks Inc. v. E.P.A., 682 F.3d 87, 

95 (D.C. Cir. 2012). 

The ARP–HCY funds are intended to 

support the specific and urgent needs of 

homeless children and youth due to the 

extraordinary impact of the pandemic 

on students experiencing homelessness, 

including reduced identification of such 

students, decreased enrollment in 

school, interrupted classroom 

instruction, and challenges navigating 

services for shelter/housing, clothing 

and school supplies, food, and child 

care. Due to the emergency nature of 

this situation, there is not time for 

public notice and comment. By 

establishing these requirements now, 

SEAs and LEAs may more quickly and 

effectively plan for and use ARP–HCY 

funds to address the needs of homeless 

children and youth. Establishing the 

final rule now will give SEAs the 

opportunity to award ARP Homeless II 

funds to LEAs by the start of the 2021– 

22 school year (which can be early 

August in some States). During the 

school closures following March 2020, 

many students experiencing 

homelessness became disengaged, 

stopped attending regularly or 

submitting assignments, became 

chronically absent, or dropped out. 

Those students will need intensive 

educationally related support services 

beginning from the first day of the new 

school year. A delay of even two months 

to the final requirement and 

disbursement of funds for ARP 

Homeless II will prolong the 

interruptions in learning for hundreds 

of thousands of students experiencing 

homelessness during the pandemic. The 

beginning of the school year is a critical 

time for identifying and connecting 

students experiencing homelessness to 

remediation and support services. For 

example, if funds are not awarded to 

LEAs before September, it will be 

difficult for schools to place students 

who are identified as experiencing 

homelessness in classes at the 

appropriate grade level, delaying access 

to critical support services and 

prolonging interruption in learning 

caused by the pandemic. 

The APA also requires that 

regulations be published at least 30 days 

before their effective date, unless the 

agency has good cause to implement its 

regulations sooner (5 U.S.C. 553(d)(3)). 

As discussed above, because the ARP– 

HCY funds are needed to address the 

immediate needs of homeless children 

and youth, the Secretary also has good 

cause to waive the 30-day delay in the 

effective date of these requirements 

under 5 U.S.C. 553(d)(3). 

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 ‘‘economically significant’’ 

regulations); 

(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 regulatory action is an 

economically significant regulatory 

action subject to review by OMB under 

section 3(f) of Executive Order 12866. 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as a ‘‘major rule,’’ 

as defined by 5 U.S.C. 804(2). 

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 

providing 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 


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techniques may include ‘‘identifying 

changing future compliance costs that 

might result from technological 

innovation or anticipated behavioral 

changes.’’ 

The Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action, and we are issuing 

these final requirements only on a 

reasoned determination that their 

benefits justify their costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that would maximize net 

benefits. Based on the analysis that 

follows and the reasons stated 

elsewhere in this document, the 

Department believes that the final 

requirements are consistent with the 

principles in Executive Order 13563. 

We also have determined that this 

regulatory action does not unduly 

interfere with State, local, or Tribal 

governments in the exercise of their 

governmental functions. 

In this regulatory impact analysis, we 

discuss the need for regulatory action, 

the potential costs and benefits, and net 

budget impacts. The main benefit of this 

regulatory action is that funded services 

will get to more students identified as 

homeless in more LEAs more quickly in 

order to support them and address the 

impact of lost instructional time and the 

other impacts of the pandemic and 

virtual instruction. The estimated costs 

and net budget impacts are described 

below. 

Elsewhere, under the Paperwork 

Reduction Act of 1995, we identify and 

explain burdens specifically associated 

with information collection 

requirements. 

Need for Regulatory Action and 

Analysis of Benefits 

These final requirements are intended 

to expedite the award of emergency 

funds to serve homeless children and 

youth. As discussed elsewhere in this 

document, the ARP–HCY program 

provides vital emergency funding to one 

of the most vulnerable populations. The 

Department believes this regulatory 

action is needed to ensure that SEAs can 

allocate funds to LEAs in a timeeffective manner so that LEAs can begin 

serving homeless children and youth. 

Requiring SEAs to make LEA subgrants 

by formula allows funds to reach more 

LEAs, and therefore more students 

experiencing homelessness. These funds 

will support the work of the designated 

Homeless Liaison in each LEA, as 

required by the McKinney-Vento Act, 

and build capacity in LEAs, which will 

help to identify greater numbers of 

students experiencing homelessness and 

better coordinate services for those 

students in LEAs receiving funding 

through this formula. In addition, the 

funding under ARP is more than seven 

times greater than the usual 

appropriation for this program. This 

onetime emergency appropriation 

provides a unique opportunity to make 

funds more widely available than would 

be possible with the current 

appropriation of $106.5 million for the 

Education for Homeless Children and 

Youth program under the McKinneyVento Homeless Assistance Act. 

The alternative, requiring SEAs to 

conduct competitions before making 

awards, would place an additional 

burden on SEAs and LEAs, increase the 

time needed to distribute funds, and 

result in fewer LEAs receiving funds. At 

the SEA level, a typical competition 

may take three to six months and 

requires developing selection criteria, 

publishing those criteria, providing 

technical assistance and allowing time 

for LEAs to develop applications, 

recruiting and training reviewers, 

reviewing the applications, and making 

awards. In addition to the staff time 

needed to conduct a fair and transparent 

competition, other expenses may 

include compensation for reviewers and 

logistical support for the review process. 

At the LEA level, costs are incurred in 

the time needed to develop an 

application, including identifying and 

collaborating with partners, and the 

administrative processes needed to 

complete the application and obtain 

approval for submission. Some LEAs, 

even those with high need, will decline 

to apply for competitive grants due to 

these costs and the uncertainty of 

receiving a grant. In contrast, SEAs 

already have access to the data and 

expertise required to run the proposed 

allocations formula as well as to systems 

to award the funding to LEAs, as they 

already administer other Federal 

formula programs. 

We estimate that running a State-level 

grant competition will take four to six 

months, and hundreds of staff hours, 

depending on the number of LEAs in 

the State who apply for a grant. 

However, awarding subgrants via a 

formula would take on average 10–20 

hours, with an additional one to two 

weeks for outreach and technical 

assistance. At the LEA level, applying 

for a competitive subgrant could take 

two weeks to develop and finalize an 

application; a formula subgrant might 

take up to 10 hours. 

In both scenarios, the reporting 

burden from the SEA to the Department 

is small, since the only new information 

the Department expects to collect is a 

list of grantees for ARP Homeless I and 

II disbursements. The Department 

already collects data from all LEAs in 

each State for homeless children and 

youth, whether they receive a 

McKinney-Vento subgrant or not. 

Analysis of Costs 

The Department’s cost analysis shows 

that making subgrants by formula is a 

less costly option overall. As discussed 

in the previous section, carrying out a 

competition is a complex, multistep 

process that occurs over months. The 

Department estimates that it would take 

an SEA between 160 to 320 hours to 

conduct a competition, at an 

approximate cost of $707,000 to 

$1,415,000 for 49 SEAs. (SEAs that 

consist of only one LEA would not need 

to carry out a competition.) The cost 

estimates in this section are based on an 

hourly wage of $45.11, the mean wage 

estimate for education administrators, 

other, reported by the U.S. Bureau of 

Labor Statistics, which is multiplied by 

two to account for overhead and 

benefits. 

In addition, we estimate that LEAs 

applying for grants under a competition 

would need 80 to 100 hours to prepare 

an application. Because more funding is 

available under the ARP than under the 

regular appropriation for the Education 

for Homeless Children and Youth 

program, we estimate that more LEAs 

would apply and receive subgrants than 

the 4,400 that currently receive 

subgrants, and the cost estimate 

assumes that 5,000 LEAs would apply 

for funds. Using wages as described 

above, the estimated cost for 

applications for subgrants would be 

approximately $36.1 million to $45.1 

million, and the total cost for 

distributing funds via a competition 

would be approximately $36.8 million 

to $46.5 million. 

In order to distribute funds via 

formula the Department estimates that 

SEAs would need 10 to 15 hours to run 

the formula and distribute funds, and 

another 40 to 80 hours to conduct 

outreach to LEAs and help LEAs that 

would receive less than $5,000 to create 

consortia with other LEAs. Using wages 

as described above, the estimated cost 

for 49 SEAs for these activities would be 

$221,000 to $420,000. The estimated 

cost for LEAs to receive subgrants 

assumes 5 to 10 hours to complete forms 

and minimal applications for formula 

funding. The estimate also assumes that 

approximately 15,000 LEAs would 

receive funding under the formula, far 

more than the 5,000 LEAs we estimate 

would receive funding under a 

competition for subgrants. The 

estimated costs to LEAs would be $6.8 

million to $13.5 million, and the total 


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estimated cost for distributing funds via 

formula would be $7.0 million to $14.0 

million. Taking the mean of this range, 

the estimated cost for distributing funds 

via formula would be $10.5 million. 

Not only does distributing funds via 

formula present a less costly option, but 

it also provides several benefits over 

conducting a competition as discussed 

in other sections of this document. The 

main benefits are that formula 

distribution takes less time and would 

allow LEAs to receive funds when the 

school year starts. Furthermore, more 

LEAs would receive funding, allowing 

more students to receive services. 

Net Budget Impacts 

We estimate that the discretionary 

elements of the final requirements will 

not have an impact on the Federal 

budget. The requirements for SEAs and 

LEAs receiving ARP–HCY funds do not 

affect the amount of funding available 

for this program. We anticipate that 

$799 million in ARP–HCY funds will be 

disbursed in 2021, and therefore 

estimate $799 million in transfers in 

2021 relative to a pre-statutory baseline. 

Accounting Statement 

As required by OMB Circular A–4, in 

the following table, we have prepared 

an accounting statement showing the 

classification of the expenditures 

associated with the provisions of this 

regulatory action. This table provides 

our best estimate of the Federal 

payments to be made to SEAs under this 

program as a result of this regulatory 

action. Expenditures are classified as 

transfers to those entities. 

TABLE—ACCOUNTING STATEMENT

CLASSIFICATION OF ESTIMATED EXPENDITURES

Category Costs (in millions) 

Annual Costs .................. $10.5. 

Category Transfers (in millions) 

Annual Monetized Transfers.$799.0. 

From Whom to Whom .... Federal Government to 

SEAs. 

Regulatory Flexibility Act Certification 

The Regulatory Flexibility Act does 

not apply to this rulemaking because 

there is good cause to waive notice and 

comment under the Administrative 

Procedure Act (5 U.S.C. 553). 

Clarity of the Regulatory Action 

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 this regulatory action 

easier to understand, including answers 

to questions such as the following: 

• Are the requirements in the 

regulatory action clearly stated? 

• Do the regulatory actions contain 

technical terms or other wording that 

interferes with their clarity? 

• Does the format of the regulatory 

action (grouping and order of sections, 

use of headings, paragraphing, etc.) aid 

or reduce their clarity? 

• Would the regulatory action be 

easier to understand if we divided them 

into more (but shorter) sections? 

• Could the description of the 

regulatory action in the SUPPLEMENTARY

INFORMATION section of this preamble be 

more helpful in making the regulatory 

action easier to understand? If so, how? 

• What else could we do to make the 

regulatory action easier to understand? 

To send any comments that concern 

how the Department could make this 

regulatory action easier to understand, 

see the instructions in the ADDRESSES

section. 

Paperwork Reduction Act of 1995 

As part of its continuing effort to 

reduce paperwork and respondent 

burden, the Department provides the 

general public and Federal agencies 

with an opportunity to comment on 

proposed and continuing collections of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(‘‘PRA’’) (44 U.S.C. 3501 et seq.). This 

helps ensure that the public 

understands the Department’s collection 

instructions, respondents provide the 

requested data in the desired format, 

reporting burden (time and financial 

resources) is minimized, collection 

instruments are clearly understood, and 

the Department can properly assess the 

impact of collection requirements on 

respondents. 

A Federal agency may not conduct or 

sponsor a collection of information 

unless OMB approves the collection 

under the PRA and the corresponding 

information collection instrument 

displays a currently valid OMB control 

number. Notwithstanding any other 

provision of the law, no person is 

required to comply with, or is subject to 

penalty for failure to comply with, a 

collection of information if the 

collection instrument does not display a 

currently-valid OMB control number. 

As discussed in the Need for 

Regulatory Action and Analysis of 

Benefits section of the Regulatory 

Impact Statement, this final 

requirement that SEAs distribute the 

ARP Homeless II funds to LEAs by 

formula rather than competition will 

create burden hours and costs for both 

LEAs and SEAs. Below we estimate the 

annual burden hours and costs for LEAs 

to complete forms and minimal 

applications. In addition, the 

Department is requesting an ARP–HCY 

plan from each SEA. The burden hours 

and cost associated with completing and 

submitting the SEA ARP–HCY plan are 

estimated below. The cost estimates in 

this section are based on an hourly wage 

of $45.11, the mean wage estimate for 

education administrators, other, 

reported by the U.S. Bureau of Labor 

Statistics, which is multiplied by two to 

account for overhead and benefits, for a 

total hourly wage estimate of $90.22. 

We estimate 7.5 burden hours for each 

of the approximately 15,000 LEAs to 

complete forms and minimal 

applications for formula funding. The 

total estimated costs to LEAs would be 

$10,150,000 and the total estimated 

burden hours would be 112,500. 

We estimate that one plan will be 

received from 52 SEAs. For the time to 

complete and submit the plan, we 

estimate that the number of burden 

hours per response will be 22 hours. 

The total estimated number of burden 

hours is 1,144 hours. At $90.22 per 

hour, the total estimated cost for 52 

SEAs to complete and submit the ARP– 

HCY plan approximately $103,300. 

Collectively, we estimate that these 

new information collection activities 

will result in a total estimated cost of 

$10,253,300 and a total estimated 

burden of 113,644 hours to the public 

annually. 

The Department is requesting an 

emergency paperwork clearance from 

OMB under 5 CFR 1320.13 on the data 

collection activities associated with 

these final requirements. That request 

will account for all burden hours and 

cost discussed within this section. As 

required by 5 CFR 1320.8(d), the 

Department is soliciting comments on 

the information collection. We must 

receive your comments on the collection 

activities contained in these final 

requirements on or before August 9, 

2021. Comments related to the 

information collection activities must be 

submitted electronically through the 

Federal eRulemaking Portal at 

www.regulations.gov by selecting the 

Docket ID number ED–2021–OESE–xxx 

or via postal mail, commercial delivery, 

or hand delivery by referencing the 

Docket ID number and the title of the 

information collection request at the top 

of your comment. Comments submitted 

by postal mail or delivery should be 

addressed to the PRA Coordinator of the 

Strategic Collections and Clearance 

Governance and Strategy Division, U.S. 

Department of Education, 400 Maryland 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 36227 

Ave. SW, LBJ, Room 6W208D, 

Washington, DC 20202–8240. 

Note: The Office of Information and 

Regulatory Affairs in OMB and the 

Department review all comments related 

to the information collection activities 

posted at www.regulations.gov. 

COLLECTION OF INFORMATION

Information collection 

activity 

Estimated 

number 

responses 

Hours per 

response 

Total 

estimated 

burden hours 

Estimated cost 

at an hourly 

rate of $90.22 

LEA Completion of Forms and Applications to SEA ....................................... 15,000 7.5 112,500 $10,150,000 

SEA ARP–HCY Plans ..................................................................................... 52 22 1,144 103,300 

Annualized Total ....................................................................................... 15,052 ........................ 113,644 10,253,300 

Intergovernmental Review 

The ARP–HCY program is not subject 

to Executive Order 12372 and the 

regulations in 34 CFR part 79. 

Accessible Format: On request to the 

program 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 

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. 

Ian Rosenblum, 

Deputy Assistant Secretary for Policy and 

Programs, Delegated the Authority to Perform 

the Functions and Duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

[FR Doc. 2021–14705 Filed 7–8–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0543; FRL–10024– 

68–Region 9] 

Air Plan Approval; California; El 

Dorado County Air Quality 

Management District; South Coast Air 

Quality Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the El Dorado 

County Air Quality Management District 

(EDCAQMD) and the South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOC) from 

architectural coatings and a rule that 

provides definitions for certain terms 

that are necessary for the 

implementation of local rules that 

regulate sources of air pollution. We are 

approving rules to regulate these 

emission sources under the Clean Air 

Act (CAA or the Act). 

DATES: This rule is effective August 9, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0543. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) 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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Lazarus, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3024 or by 

email at Lazarus.Arnold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On March 9, 2021 (86 FR 13514), the 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule # Rule title Revised/ 

amended Submitted 

EDCAQMD ................................ 215 Architectural Coatings .................................................................. 08/25/2020 09/21/2020 

SCAQMD .................................. 102 Definition of Terms ....................................................................... 01/10/2020 09/16/2020 


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