Proposed Priorities, Requirements, and Definition-Project Prevent Grant Program
| Published date | 28 January 2022 |
| Citation | 87 FR 4522 |
| Record Number | 2022-01611 |
| Section | Proposed rules |
| Court | Education Department |
4522
Federal Register / Vol. 87, No. 19 / Friday, January 28, 2022 / Proposed Rules
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
■1. The authority citation for 14 CFR
part 71 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1 [Amended]
■2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11F,
Airspace Designations and Reporting
Points, dated August 10, 2021, and
effective September 15, 2021, is
amended as follows:
Paragraph 6010 (a)—Domestic VOR Federal
Airways.
* * * * *
V–356 [Amended]
From Red Table, CO; to INT Red Table 058°
(T) 046° (M) and Kremmling, CO 190° (T)
176° (M) radials. From INT Gill, CO 211°
(T) 198° (M) and Mile High, CO 265° (T)
257° (M) radials; to Mile High.
* * * * *
Issued in Washington, DC, on January 25,
2022.
Michael R. Beckles,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2022–01719 Filed 1–27–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2021–OESE–0122]
Proposed Priorities, Requirements,
and Definition—Project Prevent Grant
Program
AGENCY
: Office of Elementary and
Secondary Education, Department of
Education.
ACTION
: Proposed priorities,
requirements, and definition.
SUMMARY
: The Department of Education
(Department) proposes priorities,
requirements, and a definition under the
Project Prevent grant program,
Assistance Listing Number (ALN)
84.184M. We may use one or more of
these priorities, requirements, and
definition for competitions in fiscal year
(FY) 2022 and later years. We propose
priorities and requirements designed to
direct funds toward local educational
agencies (LEAs) impacted by
community violence and to expand the
capacity of LEAs to implement
community- and school-based strategies
to help prevent community violence
and mitigate the impacts of exposure to
community violence. The Department
also proposes to define ‘‘community
violence’’ for purposes of the Project
Prevent grant program.
DATES
: We must receive your comments
on or before February 28, 2022.
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 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 ‘‘FAQ.’’
•Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about the proposed
priorities, requirements, and definition,
address them to Nicole White, U.S.
Department of Education, 400 Maryland
Avenue SW, Room 3E326, Washington,
DC 20202.
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
:
Nicole White, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3E326, Washington, DC 20202.
Telephone: (202) 453–6729. Email:
Project.Prevent@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 the
proposed priorities, requirements, and
definition. To ensure that your
comments have maximum effect in
developing the notice of final priorities,
requirements, and definition, we urge
you to clearly identify the specific
section of the proposed priorities,
requirements, or definition that each
comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from the proposed
priorities, requirements, and definition.
Please let us know of any further 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 the proposed priorities,
requirements, and definition by
accessing Regulations.gov. You may also
inspect the comments in person. Please
contact the person listed under
FOR
FURTHER INFORMATION CONTACT
to make
arrangements to inspect the comments
in person.
Assistance to Individuals with
Disabilities in Reviewing the
Rulemaking Record: On request we will
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1
Centers for Disease Control and Prevention.
(2020, April 3). Adverse Childhood Experiences
(ACEs). Retrieved from: www.cdc.gov/
violenceprevention/aces/riskprotectivefactors.html.
2
National Center for Injury Prevention and
Control, Division of Violence Prevention. Retrieved
from: www.cdc.gov/violenceprevention.
3
U.S. Department of Justice. (2012). Report of the
Attorney General’s National Task Force on Children
Exposed to Violence. Retrieved from: https://
www.justice.gov/archives/defendingchildhood/task-
force-children-exposed-violence.
4
Substance Abuse & Mental Health Services
Administration. (2012). SAMHSA’s Working
Definition of Trauma and Principles and Guidance
for a Trauma-Informed Approach. Retrieved from:
SAMHSA’s Concept of Trauma and Guidance for a
Trauma-Informed Approach.
5
U.S. Department of Health and Human Services.
Crime and Violence—Healthy People 2030.
Retrieved from: https://health.gov/healthypeople/
objectives-and-data/social-determinants-health/
literature-summaries/crime-and-violence.
6
Break the Cycle of Violence Act, S. 2275, 117th
Cong. (2021). Retrieved from: https://
www.govinfo.gov/content/pkg/BILLS-117s2275is/
html/BILLS-117s2275is.htm.
7
Chicago Lab Crime Report. Retrieved from:
https://www.youth-guidance.org/bam/.
8
The White House. FACT SHEET: Biden-Harris
Administration Announces Initial Actions to
Address the Gun Violence Public Health Epidemic.
Retrieved from: https://www.whitehouse.gov/
briefing-room/statements-releases/2021/04/07/fact-
sheet-biden-harris-administration-announces-
initial-actions-to-address-the-gun-violence-public-
health-epidemic/.
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 the proposed priorities,
requirements, and definition. 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 Project
Prevent grant program provides grants
to LEAs to increase their capacity to
implement community- and school-
based strategies to help prevent
community violence and mitigate the
impacts of exposure to community
violence. Project Prevent grant funds
allow LEAs to increase their capacity to
identify, assess, and serve students
exposed to community violence,
helping LEAs to (1) offer affected
students mental health services; (2)
support conflict management programs;
and (3) implement other community-
and school-based strategies to help
prevent community violence and to
mitigate the impacts of exposure to
community violence.
Program Authority: 20 U.S.C. 7281.
Background: Children and youth’s
exposure to community violence,
whether as victims, justice-involved
youth, or witnesses, is often associated
with long-term physical, psychological,
and emotional harms. Research has
demonstrated that community violence
is a risk factor for experiencing an
adverse childhood experience (ACE)
such as abuse, neglect, witnessing
violence, or having a family member
who is incarcerated, and has an impact
on future violence and victimization in
a community.
1
ACEs can lead children
and youth to experience depression,
anxiety, and post-traumatic stress
disorder; have difficulty in, or
disconnect from, school and the
workforce; and engage in delinquency
or violent acts, potentially perpetuating
the conditions that contribute to a cycle
of community violence.
Several Federal agencies have worked
to address the issues surrounding
children and youth’s exposure to
community violence. Since 1980, the
Centers for Disease Control and
Prevention has been studying patterns
of violence and the effects of violence
on communities and individuals, as
well as advancing strategies to help
prevent violence and mitigate the
impacts of exposure to violence.
2
Furthermore, in 2010, Attorney General
Eric Holder launched the Defending
Childhood initiative to better
understand and address the problem of
children’s exposure to community
violence. As part of this initiative, in
December 2012 the Attorney General’s
Task Force on Children Exposed to
Violence released a report and national
action plan that has helped inform the
development of this program. The report
recognized the duty of local coalitions
of professionals from multiple
disciplines across the full range of
service systems (health care, schools,
family services, law enforcement, and
child advocacy centers), as well as
families and other community members,
to assess local challenges and resources,
and develop strategies to reduce
violence and the number of children
exposed to violence.
3
In addition, in 2012 the U.S.
Department of Health and Human
Services launched a national effort to
‘‘reduce the pervasive, harmful, and
costly health impact of community
violence and trauma by integrating
trauma-informed approaches throughout
health, behavioral health, and related
systems and addressing the behavioral
health needs of people involved in or at
risk of involvement in the criminal and
juvenile justice systems.’’ This includes
the outlining of ‘‘Principles and
Guidance for a Trauma-Informed
Approach.’’
4
Community violence, which is
defined in this document, is a
significant public health, public safety,
and community infrastructure concern
nationwide and is a leading cause of
death, injury, and intergenerational
trauma for people in the United States.
Community violence imposes enormous
human, social, and economic costs,
including disruption to employment
and hindering of a community’s social
and economic development.
5
While the
vast majority of young people are able
to persevere, those who have been
victims of violence are at substantially
higher risk of being violently
revictimized or killed. Additionally,
both direct and indirect violence
exposure have been associated with
poor economic outcomes and poor
health outcomes, including chronic
illness, anxiety, depression, and
substance use.
6
Programs facilitated in schools by
counselors, mental health providers,
and community leaders for students
who have been exposed to or are at high
risk of involvement in community
violence have been shown to help
students develop the social and
emotional skills needed to navigate
difficult circumstances outside of the
classroom so that they are able to turn
away from violence and reengage in
school.
7
When properly implemented
and consistently funded, coordinated,
community-based strategies that use
trauma-responsive care and interrupt
cycles of community violence may
produce lifesaving and cost-saving
results in a short period of time. These
strategies identify those at the highest
risk and highest need, coordinate
individualized wraparound resources,
provide pathways to healing and
stability, and monitor and support long-
term success.
The Biden-Harris Administration is
taking a number of steps to prioritize
investment in community violence
interventions. Community violence
interventions are proven strategies for
reducing gun violence and other violent
crime in urban communities through
approaches other than incarceration.
8
These approaches include outreach,
conflict mediation, violence
interruption, and trauma-informed
school-based mental health services to
effectively reduce community violence.
Efforts to ensure public safety and
reduce community violence may also be
carried out collaboratively and in
partnership with law enforcement,
where appropriate, to build safer,
thriving communities.
Proposed Priorities
The Department proposes the
following three priorities for this
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9
U.S. Department of Health and Human Services,
Crime and Violence—Healthy People 2030.
Retrieved from: https://health.gov/healthypeople/
objectives-and-data/social-determinants-health/
literature-summaries/crime-and-violence.
10
U.S. Department of Health and Human
Services, Neighborhood and Built Environment—
Healthy People 2030. Retrieved from: https://
health.gov/healthypeople/objectives-and-data/
browse-objectives/neighborhood-and-built-
environment.
11
U.S. Government Accountability Office,
Characteristics of School Shootings. Retrieved from:
https://www.gao.gov/assets/gao-20-455.pdf.
program. We may apply one or more of
these priorities in any year in which this
program is in effect.
Proposed Priority 1—Addressing the
Impacts of Community Violence.
Background: In Proposed Priority 1,
the Department recognizes the
tremendous impact community violence
has on the well-being of students.
Children and youth exposed to violence
are at risk for poor long-term behavioral
and mental health outcomes regardless
of whether they are victims, justice-
involved youth, direct witnesses, or
hear about the crime. For example,
children and youth exposed to violence
may experience behavioral health
challenges, depression, anxiety, and
post-traumatic stress disorder, which
can negatively affect educational
outcomes. Children and youth exposed
to violence may also show increased
signs of aggression starting in upper-
elementary school.
9
Schools are often the center of the
community for students and their
families, providing students with the
resources and referrals they need to
meet their full potential. Consequently,
the needs of children and youth often
are best met through cross-agency
collaboration and partnerships between
schools and organizations in the
community. Consistent with the
Secretary’s vision for community
engagement to advance systemic
change, the Department would use this
priority to emphasize the importance
and efficacy of a coordinated effort
between schools and communities to
lessen the short- and long-term effects
that community violence has on
students.
Proposed Priority: Projects that
implement community- and school-
based strategies to help prevent
community violence and mitigate the
impacts of children and youth’s
exposure to community violence in
collaboration with local community-
based organizations (e.g., local civic or
community service organizations, local
faith-based organizations, or local
foundations or non-profit organizations)
and include community and family
engagement in the implementation of
the strategies.
Proposed Priority 2—Established
Partnership with a Local Community-
Based Organization.
Background: As described in the
background to Proposed Priority 1, the
needs of children and youth often are
often best met through cross-agency
collaboration and partnerships between
schools and organizations in the
community. In forging this
collaboration, the Department places
specific emphasis on the importance of
structured and defined partnerships to
efficiently and effectively implement
community- and school-based
intervention strategies to help prevent
community violence and mitigate the
impacts of exposures to community
violence. In particular, memorandums
of agreement (MOA) and memorandums
of understanding (MOUs) signed by the
authorized representative of a local
community-based organization elevate
the level of partnership between an LEA
and a partner organization by clearly
defining the roles, responsibilities, and
resources that each entity will bring to
the partnership.
We may use this priority as a
complement to Proposed Priority 1 or
other priorities for this program, or as a
stand-alone priority.
Proposed Priority: An application that
includes at least one memorandum of
agreement (MOA) or memorandum of
understanding (MOU) signed by the
authorized representative of a local
community-based organization that
agrees to partner with the applicant on
the proposed project and provide
resources or administer services that are
likely to substantially contribute to
positive outcomes for the proposed
project. The MOA or MOU must clearly
delineate the roles and responsibilities
of each entity.
Proposed Priority 3—Supporting
Children and Youth from Low-Income
Backgrounds.
Background: The neighborhoods
where children and youth live and go to
school can have a major impact on their
health and well-being. Many children
and youth in the United States live in
neighborhoods with high rates of, and
prevalence of risk factors associated
with, violence-related injuries and
deaths, crime, poverty, and other health
and safety risks. Students from low-
income backgrounds are more likely to
live in places with these risks.
10
In a
study that examined the characteristics
of school shootings, the Government
Accountability Office found that the
number of school shootings generally
increased relative to school poverty
level.
11
Proposed Priority 3 is intended
to allow the Department to support
activities in LEAs that experience and
are impacted by community violence at
a disproportionate rate.
Proposed Priority: In its application,
an applicant must demonstrate, based
on Small Area Income and Poverty
Estimates (SAIPE) data from the U.S.
Census Bureau or, for an LEA for which
SAIPE data are not available, the same
State-derived equivalent of SAIPE data
that the State uses to make allocations
under part A of title I of the Elementary
and Secondary Education Act of 1965,
as amended (ESEA), one or more of the
following:
(a) At least 25 percent of the students
enrolled in the LEA to be served by the
proposed project are from families with
an income below the poverty line.
(b) At least 30 percent of the students
enrolled in the LEA to be served by the
proposed project are from families with
an income below the poverty line.
(c) At least 35 percent of the students
enrolled in the LEA to be served by the
proposed project are from families with
an income below the poverty line.
(d) At least 40 percent of the students
enrolled in the LEA to be served by the
proposed project are from families with
an income below the poverty line.
(e) At least 45 percent of the students
enrolled in the LEA to be served by the
proposed project are from families with
an income below the poverty line.
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)).
Proposed Requirements
The Department proposes the
following program requirement and
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application requirements for this
program. We may apply one or more of
these requirements in any year in which
the program is in effect.
Proposed Program Requirement:
Eligible Applicants: Eligible
applicants for this program are local
educational agencies (LEAs), as defined
in 20 U.S.C. 7801(30).
Proposed Application Requirements:
(a) Severity and magnitude of the
problem; identification of schools to be
served by the proposed project.
Applicants must—
(1) Identify the schools proposed to be
served by project activities;
(2) Describe the community violence
that affects students in those schools,
including collaborating and
coordinating with organizations and law
enforcement (where appropriate), and
with other organizations to utilize data
and information such as incidents of
community violence, gun crime and
other violent crime, rates of child abuse
and neglect, and other school and
community crime and safety data,
including on a per capita basis (such as
homicides per 100,000 persons);
prevalence of risk factors associated
with violence-related injuries and
deaths; findings from student mental
health screenings or assessments, school
climate surveys, and student
engagement surveys; demographic data
provided by U.S. Census surveys; and
other relevant data and information; and
(3) Provide a comparison of the school
and community data cited to similar
data at the State or local level, if
available.
(b) Collaboration and coordination
with community-based organizations.
Applicants must—
(1) Describe how they intend to work
collaboratively with community-based
organizations to achieve project goals
and objectives;
(2) Provide evidence of collaboration
and coordination through letters of
support, memoranda of agreement, or
memoranda of understanding from at
least one community-based
organization; and
(3) Describe how they will use grant
program funds to supplement, rather
than supplant, existing or new efforts to
reduce community violence and
mitigate the direct and indirect effects of
community violence on students.
(c) Project activities. Applicants must
propose to conduct three or more of the
following:
(1) Appropriately tailored
professional development opportunities
for LEA and school mental health staff
(e.g., counselors, psychologists, and
social workers), other specialized
instructional support personnel, and
other school staff, as appropriate, on
how to screen for and respond to
violence-related trauma and implement
appropriate school-based interventions
to help prevent community violence
and mitigate the impacts of children and
youth’s exposure to community
violence.
(2) Activities designed to improve the
range, availability, and quality of
school-based mental health services by
hiring school and clinical psychologists,
school counselors, or school social
workers with expertise or training in
violence prevention, trauma-informed
care, and healing-centered strategies,
and qualified to respond to the mental
and behavioral health needs of students
who have experienced trauma as a
result of exposure to community
violence.
(3) Training for school staff (e.g.,
teachers, administrators, specialized
instructional support personnel, and
support staff), community partners,
youth, and families on the effects of
exposure to community violence, the
importance of screening students, and
how to screen and provide interventions
to students exposed to community
violence.
(4) Developing or improving processes
to better target services to students who
are exposed to community violence and
to assess such students who may be
experiencing mental, social, emotional,
or behavioral challenges.
(5) Enhancing linkages between LEA
mental health services and community
mental health systems to help ensure
affected students receive referrals to
treatment as appropriate.
(6) Undertaking activities in
collaboration and coordination with law
enforcement to address community
violence affecting students, to support
victims’ rights, and to promote public
safety.
(d) Evidence-based, culturally
competent, and developmentally
appropriate programs and practices.
Applicants must—
(1) Describe the continuum of
evidence-based, culturally competent,
and developmentally appropriate (as
defined in 34 CFR 77.1(c)) programs and
practices that will be implemented at
the school and community level and
how these programs and practices will
be organized to provide differentiated
support based on student need, to help
break the cycle of community violence.
These programs and practices must
include all of the following:
(i) Interventions and activities that are
available to all students in a school with
the goal of preventing negative or
violent behavior (such as harassment,
bullying, fighting, gang participation,
sexual assault, and substance abuse) and
enhancing student knowledge and
interpersonal and emotional skills
regarding positive behavior (such as
communication and problem-solving,
empathy, and conflict management, de-
escalation, and mediation).
(ii) Interventions and activities related
to positive coping techniques, anger
management, conflict management, de-
escalation, and mediation, promotion of
positive behavior, and development of
protective factors.
(iii) Interventions and services, such
as mentorship programming, that target
individual students who are at a higher
risk for committing or being a victim of
violence.
(2) Describe the research and evidence
supporting the proposed programs and
practices and the expected effects on the
target population.
(e) Framework for planning,
implementation, and sustainability.
Applicants must—
(1) Describe how the proposed project
is integrated and aligned with the
mission and vision of the LEA,
including a description of the
relationship of the project to the LEA’s
existing school safety or related plan;
(2) Describe the anticipated
challenges to success of the project and
how they will be addressed, such as
sustaining project implementation
beyond the availability of grant funds
and mitigating turnover at the LEA
leadership, school leadership, and staff
levels; and
(3) Include a timeline of activities
for—
(i) Planning that includes: Conducting
a needs assessment that is
comprehensive and examines areas for
improvement, both within the school
and the community, related to learning
conditions that create a safe and healthy
environment for students; creating a
logic model (as defined in 34 CFR 77.1);
completing resource mapping; selecting
evidence-based, culturally competent,
and developmentally appropriate
programs; developing evaluation plans;
and engaging community and school
partners, families, and other
stakeholders;
(ii) Implementation that includes:
Training on and execution of evidence-
based, culturally competent, and
developmentally appropriate programs;
continuing engagement with
stakeholders; communicating and
collaborating strategically with
community partners; and evaluating
program implementation; and
(iii) Sustainability that includes:
Further developing and expanding on
the project’s successes beyond the end
of the grant, at the school and
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community levels, in alignment with
other related efforts.
(f) Planning period. Projects funded
under this program may use up to 12
months during the first year of the
project period for program planning.
Applicants that propose a planning
period must provide sufficient
justification for why this program
planning time is necessary, provide the
intended outcomes of program planning
in Year 1, and include a description of
the proposed strategies and activities to
be supported.
Proposed Definition
The Department proposes to establish
a definition of ‘‘community violence’’
for use in this program. We may apply
it in any year in which this program is
in effect.
Community violence means firearm
injuries, assaults, homicides, and other
acts of interpersonal violence
committed outside the context of a
familial or romantic relationship.
Final Priorities, Requirements, and
Definition: We will announce the final
priorities, requirements, and definition
in a document published in the Federal
Register. We will determine the final
priorities, requirements, and definition
after considering responses to the
proposed priorities, requirements, and
definition 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.
Note: This document does not solicit
applications. In any year in which we choose
to use the priorities, requirements, and
definition, we invite applications through a
notice inviting applications in the Federal
Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, it must
be determined whether this regulatory
action is ‘‘significant’’ and, therefore,
subject to the requirements of the
Executive order and subject to review by
the Office of Management and Budget
(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 proposed 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 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
on 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 the proposed
priorities, requirements, and definition
only on a reasoned determination that
their benefits would justify their costs.
In choosing among alternative
regulatory approaches, we selected
those approaches that would maximize
net benefits. Based on an analysis of
anticipated costs and benefits, we
believe that the proposed priorities,
requirements, and definition are
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with the 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.
Potential Costs and Benefits
The Department believes that this
proposed regulatory action would 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 proposed priorities,
requirements, and definition would not
impose any particular burden except
when an entity voluntarily elects to
apply for a grant. The proposed
priorities, requirements, and definition
would help ensure that the Project
Prevent grants program selects high-
quality applicants to implement
activities that meet the goals of the
program. We believe these benefits
would outweigh any associated costs.
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 the proposed priorities,
requirements, and definition 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?
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See http://www.bls.gov/oes/current/oes_
nat.htm.
•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
this 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 the
proposed priorities, requirements, and
definition easier to understand, see the
instructions in the
ADDRESSES
section.
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.
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 government
overseeing a population below 50,000.
The small entities that this proposed
regulatory action would affect are LEAs.
Of the impacts we estimate accruing to
grantees or eligible entities, all are
voluntary. Therefore, we do not believe
that the proposed priorities,
requirements, 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
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.
The proposed requirements contain
information collection requirements.
Under the PRA the Department has
submitted these requirements to OMB
for its review.
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.
In the notice of final priorities,
requirements, and definition we will
display the control number assigned by
OMB to any information collection
proposed in this document and adopted
in the notice of final priorities,
requirements, and definition.
For the years that the Department
holds a Project Prevent grant
competition, we estimate 150 LEAs will
apply and submit an application. We
estimate that it will take each LEA 40
hours to complete and submit the
application, including time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. The total burden hour
estimate for this collection is 6,000
hours. At $97.28 per hour (using mean
wages for Education and Childcare
Administrators
12
and assuming the total
cost of labor, including benefits and
overhead, is equal to 200 percent of the
mean wage rate), the total estimated cost
for 150 LEAs to complete the Project
Prevent application is approximately
$583,680.
Consistent with 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 proposed
priorities, requirements, and definition
on or before February 28, 2022.
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–0122
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
Ave. SW, LBJ, Room 6W208D,
Washington, DC 20202–8240.
Note: The Office of Information and
Regulatory Affairs and the Department
review all comments related to the
information collection activities posted at
www.regulations.gov.
C
OLLECTION OF
I
NFORMATION
Information collection activity Estimated
number of
responses
Hours per
response
Total
estimated
burden hours
Estimated
cost at an
hourly rate
of $97.28
Project Prevent Application ............................................................................. 150 40 6,000 $583,680
We consider your comments on this
proposed collection of information in— •Deciding whether the proposed
collection is necessary for the proper performance of our functions, including
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A ‘‘fuel burning unit’’ is defined as ‘‘each unit,
or any combination of units discharging to a
common stack used for the burning of fuel or other
combustible material for the primary purpose of
utilizing the thermal energy released.’’ This
definition is included in the Delaware SIP at 40
CFR 52.420(c).
2
Although this provision remains in the
underlying Delaware regulations, because Delaware
withdrew this provision from its SIP revision, it is
not and will not be incorporated into the Delaware
SIP. Consequently, EPA would not recognize any
alternate emissions control approved by Delaware
pursuant to this provision as a means of complying
with the federally approved SIP.
whether the information will have
practical use;
•Evaluating the accuracy of our
estimate of the burden of the proposed
collection, including the validity of our
methodology and assumptions;
•Enhancing the quality, usefulness,
and clarity of the information we
collect; and
•Minimizing the burden on those
who must respond. This includes
exploring the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques.
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 the 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. 2022–01611 Filed 1–27–22; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2014–0204; FRL–9440–01–
R3]
Air Plan Approval; Delaware; Revision
of Regulation for Sulfur Content of
Fuel Oil
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing to approve a
state implementation plan (SIP) revision
submitted by the State of Delaware. This
revision pertains to the reduction of the
maximum allowable sulfur content limit
for distillate fuels, from a current limit
of 3,000 parts per million (ppm) (0.3%
by weight) to 15 ppm (0.0015% by
weight) and residential fuels from a
current limit of 1.0% by weight to 0.5%
by weight. This revision also adds
requirements for sampling and testing
along with certification and
recordkeeping. Additionally, start up,
shut down and malfunction provisions
that were previously included in the
Delaware SIP have been removed in this
revision. EPA is proposing to determine
that such removal corrects a deficiency
identified in the June 12, 2015, SIP call
issued to Delaware. This action is being
taken under the Clean Air Act (CAA).
DATES
: Written comments must be
received on or before February 28, 2022.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2014–0204 at https://
www.regulations.gov, or via email to
gordon.mike@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the
FOR FURTHER
INFORMATION CONTACT
section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT
:
Mallory Moser, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is 215–
814–2030. Ms. Moser can also be
reached via electronic mail at
moser.mallory@epa.gov.
SUPPLEMENTARY INFORMATION
: On July
10, 2013, the Delaware Department of
Natural Resources and Environmental
Control (DNREC) submitted a revision to
the Delaware SIP which comprises
revisions to Title 7 of Delaware’s
Administrative Code (7 DE Admin.
Code) 1108—Sulfur Dioxide Emissions
from Fuel Burning Equipment. The
revision to 7 DE Admin. Code 1108 will
reduce the amount of sulfur in fuel oils
used in fuel burning units.
1
The revised
regulation also establishes the date of
compliance and adds necessary record
keeping and recording provisions to
ensure compliance with the regulation.
The revision removes start up, shut
down and malfunction provisions that
were previously included in the
Delaware SIP. On August 19, 2016, EPA
received a supplemental letter from
DNREC withdrawing a portion of
Section 3.0 of 7 DE Admin. Code 1108
from the July 10, 2013, SIP submittal
subject to EPA’s review. The portion
removed from the 2013 submittal is the
last sentence of Section 3.0 which
states, ‘‘In order to employ an emission
control rather than sulfur content limits
as a means of complying with this
Regulation, an owner or operator of fuel
burning equipment must demonstrate to
the Department in advance that the
equivalent emission will be achieved.’’
This provision will be retained as a
State enforceable only requirement.
2
Delaware’s August 19, 2016, letter is
available in the docket for this
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