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20348 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules

National Railroad bridge, mile 1.05, the Kinnickinnic River will open on • Postal Mail, Commercial Delivery, shall open on signal; except that, from signal if a 12-hour advance notice is or Hand Delivery: If you mail or deliver April 16th through November 1st, from provided. your comments about the proposed 7:30 a.m. to 8:30 a.m. and from 4 p.m. (d) The Canadian Pacific Railroad priorities, address them to Mia to 5:30 p.m. Monday through Friday, Bridge at Mile 1.74 over the Burnham Howerton, U.S. Department of except Federal holidays, the draws need Canal, and the Sixteenth Street Bridge, , 400 Maryland Avenue SW, not be opened, and from midnight to 7 mile 2.14, over the Menomonee River Room 3C152, Washington, DC 20202. a.m. Monday through Friday except are closed by and do not need Privacy Note: The Department’s Federal holidays the bridges will open to open for the passage of vessels. is to make all comments received on signal if a 2-hour advance notice is Dated: April 2, 2021. from members of the public available for provided. public viewing in their entirety on the D.L. Cottrell, (2) The draws of all other bridges Federal eRulemaking Portal at across the Menomonee River and South Rear Admiral, U.S. Coast Guard, Commander, www..gov. Therefore, Ninth Coast Guard District. Menomonee Canal shall open on signal commenters should be careful to if at least 2-hours’ notice is given except [FR Doc. 2021–07990 Filed 4–16–21; 8:45 am] include in their comments only that, from April 16th through November BILLING CODE 9110–04–P information that they wish to make 1st, from 7:30 a.m. to 8:30 a.m. and from publicly available. 4 p.m. to 5:30 p.m. Monday through FOR FURTHER INFORMATION CONTACT: Mia Friday, except Federal holidays, the DEPARTMENT OF EDUCATION Howerton, U.S. Department of draws need not be opened. Education, 400 Maryland Avenue SW, (3) The following bridges are remotely 34 CFR Chapter II Room 3C152, Washington, DC 20202. operated, are required to operate a [Docket ID ED–2021–OESE–0033] Telephone: (202) 205–0147. Email: radiotelephone, and shall open as noted [email protected]. in this section; North Plankinton Proposed Priorities—American If you use a telecommunications Avenue, mile 1.08, North Sixth Street, and Civics Education device for the deaf (TDD) or a text mile 1.37, and North Ember Lane, mile telephone (TTY), call the Federal Relay 1.95, all over the Menomonee River and AGENCY: Office of Elementary and Service (FRS), toll-free, at 1–800–877– South Sixth Street, mile 1.51, over the Secondary Education, Department of 8339. South Menomonee Canal. Education. SUPPLEMENTARY INFORMATION: (4) No vessel documented over 12 ACTION: Proposed priorities. tons shall be held between any bridge at Invitation to Comment: We invite you to submit comments regarding the any time and must be passed as soon as SUMMARY: The Department of Education possible. (Department) proposes two priorities for proposed priorities. To ensure that your (5) From November 2nd through April the American History and Civics comments have maximum effect in 15th, all drawbridges over the Education programs, including the developing the notice of final priorities, Menomonee River and South Presidential and Congressional we urge you to clearly identify the Menomonee Canal will open on signal Academies for American History and specific section of the proposed if a 12-hour advance notice is provided. Civics(Academies) and National priorities that each comment addresses. We invite you to assist us in (c) The draws of bridges across the Activities programs, Assistance Listing complying with the specific Kinnickinnic River operate as follows: Numbers 84.422A and 84.422B. We may requirements of Orders 12866 (1) The draw of the Kinnickinnic use these priorities for competitions in and 13563 and their overall requirement Avenue bridge, mile 1.5, shall open on fiscal year (FY) 2021 and later years. We of reducing regulatory burden that signal; except that, from April 16th propose these priorities to support the might result from the proposed through November 1st, from 7:30 a.m. to development of culturally responsive priorities. Please let us know of any 8:30 a.m. and from 4 p.m. to 5:30 p.m. teaching and learning and the further ways we could reduce potential Monday through Friday, except Federal promotion of information literacy skills costs or increase potential benefits holidays, the draws need not be opened, in grants under these programs. and from midnight to 7 a.m. Monday while preserving the effective and DATES: through Friday, except Federal holidays, We must receive your comments efficient administration of our programs. the bridges will open on signal if a 2- on or before May 19, 2021. During and after the comment period, hour advance notice is provided. ADDRESSES: Submit your comments you may inspect all public comments (2) The draws of all other bridges through the Federal eRulemaking Portal about the proposed priorities by across the Kinnickinnic River shall open or via postal mail, commercial delivery, accessing Regulations.gov. Due to the on signal if at least 2-hours’ notice is or hand delivery. We will not accept novel coronavirus 2019 (COVID–19) given except that, from April 16th comments submitted by fax or by email pandemic, the Department buildings are through November 1st, from 7:30 a.m. to or those submitted after the comment currently not open to the public. 8:30 a.m. and from 4 p.m. to 5:30 p.m. period. To ensure that we do not receive However, upon reopening you may also Monday through Friday, except Federal duplicate copies, please submit your inspect the comments in person in holidays, the draws need not be opened. comments only once. In addition, please Room 3C152, 400 Maryland Avenue (3) The following bridges are remotely include the Docket ID at the top of your SW, Washington, DC, between the hours operated, are required to operate a comments. of 8:30 a.m. and 4:00 p.m., Eastern time, radiotelephone, and shall open as noted • Federal eRulemaking Portal: Go to Monday through Friday of each week in this section; The South First Street www.regulations.gov to submit your except Federal holidays. Bridge, mile 1.78. comments electronically. Information Assistance to Individuals With (4) No vessel documented over 12 on using Regulations.gov, including Disabilities in Reviewing the tons shall be held between any bridge at instructions for accessing agency Record: On request, we will any time and must be passed as soon as documents, submitting comments, and provide an appropriate accommodation possible. (5) From November 2nd viewing the docket, is available on the or auxiliary aid to an individual with a through April 15th, all drawbridges over site under ‘‘FAQ.’’ disability who needs assistance to

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review the comments or other national reckoning with systemic racism students that their social identities are documents in the public rulemaking have highlighted the urgency of an asset rather than a barrier to success record for the proposed priorities. If you improving racial throughout our in the classroom. And, through strong want to schedule an appointment for , including in our education positive relationships and opportunities this type of accommodation or auxiliary system. As 13985 to learn, they feel they are welcomed, aid, please contact the person listed states: ‘‘Our country faces converging supported, and valued as members of under FOR FURTHER INFORMATION economic, health, and climate crises the learning .’’ 4 CONTACT. that have exposed and exacerbated The proposed priority would support Purpose of Programs: The American inequities, while a historic movement projects that incorporate culturally and History and Civics Education programs for has highlighted the linguistically responsive learning support efforts to improve: (1) The unbearable human costs of systemic environments. quality of American history, civics, and racism. Our Nation deserves an Proposed Priority: education by educating ambitious whole-of-government equity students about the history and agenda that matches the scale of the Under this priority, the applicants principles of the of the opportunities and challenges that we propose projects that incorporate United States, including the Bill of face.’’ 1 teaching and learning practices that Rights; and (2) the quality of the American History and Civics reflect the diversity, identities, , teaching of American history, civics, Education programs can play an contributions, and experiences of all and government in elementary schools important role in this critical effort by students create inclusive, supportive, and secondary schools, including the supporting teaching and learning that and identity-safe learning environments. teaching of traditional American reflects the breadth and depth of our In its application, an applicant history. Nation’s diverse history and the vital addressing this priority must describe The Academies program supports the role of diversity in our Nation’s how its proposed project incorporates establishment of: (1) Presidential . For example, there is teaching and learning practices that— Academies for the Teaching of growing acknowledgement of the (a) Take into account systemic American History and Civics that offer importance of including, in the teaching marginalization, biases, inequities, and workshops for both veteran and new and learning of our country’s history, discriminatory policy and practice in teachers to strengthen their knowledge both the consequences of slavery, and American history; of American history, civics, and the significant contributions of Black (b) Incorporate racially, ethnically, government education (Presidential Americans to our society. This Academies); and (2) Congressional culturally, and linguistically diverse acknowledgement is reflected, for perspectives and perspectives on the Academies for Students of American example, in the New York Times’ History and Civics that provide high experience of individuals with landmark ‘‘1619 Project’’ and in the disabilities; school students opportunities to enrich resources of the Smithsonian’s National their understanding of these subjects Museum of African American History.2 (c) Encourage students to critically (Congressional Academies). Accordingly, schools across the analyze the diverse perspectives of The purpose of the National Activities country are working to incorporate anti- historical and contemporary media and program is to promote new and existing racist practices into teaching and its impacts; -based strategies to encourage learning. As the scholar Ibram X. Kendi (d) Support the creation of learning innovative American history, civics and has expressed, ‘‘[a]n antiracist idea is environments that validate and reflect government, and instruction, any idea that suggests the racial groups the diversity, identities, and experiences learning strategies, and professional are equals in all their apparent of all students; and development activities and programs for differences—that there is nothing right (e) Contribute to inclusive, teachers, principals, or other school or wrong with any racial group. supportive, and identity-safe learning leaders, particularly such instruction, Antiracist ideas argue that racist environments. strategies, activities, and programs that are the cause of racial Proposed Priority 2—Promoting benefit low-income students and 3 inequities.’’ It is critical that the Information Literacy Skills. underserved populations. teaching of American history and civics Program Authority: Title II, part B, creates learning experiences that Background: subpart 3 of the Elementary and validate and reflect the diversity, Effective civics education is vital to Secondary Education Act of 1965, as identities, histories, contributions, and protecting the Nation’s democracy— amended (ESEA), 20 U.S.C. 6662 and experiences of all students. especially at a time when its core 6663. In turn, racially, ethnically, culturally, institutions and values are threatened Proposed Priorities: The Department and linguistically responsive teaching by misinformation. As The Power of proposes two priorities to support the and learning practices contribute to Active notes: ‘‘Teaching development of culturally responsive what has been called an ‘‘identity-safe’’ civics should be more than just teaching and learning and the learning environment. According to the understanding the structures and promotion of information literacy skills authors Dorothy Steele and Becki Cohn- functions of government . . . [It] is in grants under the American History Vargas, ‘‘Identity safe classrooms are crucial that students learn how to gather and Civics Education programs. those in which teachers strive to assure and evaluate sources of information, Proposed Priority 1—Projects That and then use evidence from that Incorporate Racially, Ethnically, 1 86 FR 7009 (Jan. 25, 2021), information to develop and support Culturally, and Linguistically Diverse www.federalregister.gov/documents/2021/01/25/ their ideas and advocacy positions. No Perspectives into Teaching and 2021-01753/advancing-racial-equity-and-support- polity can make wise decisions if its for-underserved--through-the-federal- Learning. citizens do not know how to separate Background: The Department government. 2 www.nytimes.com/interactive/2019/08/14/ recognizes that COVID–19—with its magazine/1619-america-slavery.html. 4 Steele, Dorothy M., and Becki Cohn-Vargas, disproportionate impact on 3 Kendi, Ibram X, How to Be an Antiracist (New Identify Safe Classrooms (Thousand Oaks, Corwin, communities of color—and the ongoing York, One World, 2019). 2013).

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fact from opinion, and how to gather uncovering and recognizing bias in (1) Have an annual effect on the and weigh relevant evidence.’’ 5 primary and secondary sources; economy of $100 million or more, or Ensuring that students have strong (c) Synthesizing information into adversely affect a sector of the economy, information literacy skills is especially cogent communications; and productivity, competition, jobs, the important in an age of digital media (d) Understanding how inaccurate environment, or safety, or consumption. According to a 2019 information may be used to manipulate State, local, or Tribal or survey from Common Sense Media and individuals, and developing strategies to communities in a material way (also Survey Monkey: ‘‘Teens get their news recognize accurate and inaccurate referred to as an ‘‘economically more frequently from social media sites information. significant’’ rule); (e.g., Facebook and Twitter) or from Types of Priorities: (2) Create serious inconsistency or YouTube than directly from news When inviting applications for a otherwise interfere with an action taken organizations. More than half of teens competition using one or more or planned by another agency; (54%) get news from social media, and priorities, we designate the type of each (3) Materially alter the budgetary 50% get news from YouTube at least a priority as absolute, competitive impacts of entitlement grants, user fees, few times a week. Fewer than half, 41%, preference, or invitational through a or loan programs or the rights and get news reported by news organizations notice in the Federal Register. The obligations of recipients thereof; or in print or online at least a few times a effect of each type of priority follows: (4) Raise novel legal or policy issues week, and only 37% get news on TV at Absolute priority: Under an absolute arising out of legal mandates, the priority, we consider only applications least a few times a week.’’ Among teens President’s priorities, or the principles that meet the priority (34 CFR who got their news from YouTube, two- stated in the Executive order. 75.105(c)(3)). This proposed regulatory action is not thirds reported learning about the news Competitive preference priority: from celebrities and influencers, rather a significant regulatory action subject to 6 Under a competitive preference priority, review by OMB under section 3(f) of than news organizations. we give competitive preference to an In a 2017 report, the Brookings Executive Order 12866. application by (1) awarding additional Institution concluded that, ‘‘Funding We have also reviewed this proposed points, depending on the extent to efforts to enhance news literacy should regulatory action under Executive Order which the application meets the priority be a high priority for governments. This 13563, which supplements and (34 CFR 75.105(c)(2)(i)); or (2) selecting is especially the case with people who explicitly reaffirms the principles, an application that meets the priority structures, and definitions governing are going online for the first time. For over an application of comparable merit those individuals, it is hard to regulatory review established in that does not meet the priority (34 CFR Executive Order 12866. To the extent distinguish false from real news, and 75.105(c)(2)(ii)). they need to learn how to evaluate news permitted by , Executive Order Invitational priority: Under an 13563 requires that an agency— sources, not accept at face invitational priority we are particularly everything they see on social media or (1) Propose or adopt regulations only interested in applications that meet the on a reasoned determination that their digital news sites. Helping people priority. However, we do not give an become better consumers of online benefits justify their costs (recognizing application that meets the priority a that some benefits and costs are difficult information is crucial as the world preference over other applications (34 7 to quantify); moves towards digital immersion.’’ CFR 75.105(c)(1)). Civics education can be an (2) Tailor its regulations to impose the Final Priorities: least burden on society, consistent with opportunity to help students develop We will announce the final priorities obtaining regulatory objectives and the skills necessary to meaningfully in a document published in the Federal taking into account—among other things participate in our democracy and Register. We will determine the final and to the extent practicable—the costs distinguish fact from misinformation. priorities after considering responses to of cumulative regulations; Well-designed programs can fuel the proposed priorities and other (3) In choosing among alternative student engagement in our democracy information available to the Department. regulatory approaches, select those and provide students with the This document does not preclude us approaches that maximize net benefits knowledge and skills to critically from proposing additional priorities, (including potential economic, evaluate the materials they encounter by requirements, definitions, or selection environmental, public health and safety, developing their information literacy. criteria, subject to meeting applicable and other advantages; distributive Proposed Priority: rulemaking requirements. In its application, the applicants impacts; and equity); propose projects that describe how they Note: This document does not solicit (4) To the extent feasible, specify applications. In any year in which we choose will foster critical thinking and promote performance objectives, rather than the to use the priorities, we invite applications behavior or manner of compliance a student engagement in civics education through a notice inviting applications in the through professional development or Federal Register. regulated entity must adopt; and other activities designed to support (5) Identify and assess available students in— Executive Orders 12866 and 13563 alternatives to direct regulation, including economic incentives—such as (a) Evaluating sources and evidence Regulatory Impact Analysis using standards of proof; user fees or marketable permits—to (b) Understanding their own biases Under Executive Order 12866, it must encourage the desired behavior, or when reviewing information, as well as be determined whether this regulatory provide information that enables the action is ‘‘significant’’ and, therefore, public to make choices. 5 https://www.aft.org/ae/summer2018/graham_ subject to the requirements of the Executive Order 13563 also requires weingarten. Executive order and subject to review by an agency ‘‘to use the best available 6 https://www.commonsensemedia.org/about-us/ the Office of Management and Budget techniques to quantify anticipated news/press-releases/new-survey-reveals-teens-get- (OMB). Section 3(f) of Executive Order present and future benefits and costs as their-news-from-social-media-and-youtube. 7 Brookings Institution, 12/18/2017, https:// 12866 defines a ‘‘significant regulatory accurately as possible.’’ The Office of www.brookings.edu/research/how-to-combat-fake- action’’ as an action likely to result in Information and Regulatory Affairs of news-and-disinformation/ a rule that may— OMB has emphasized that these

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techniques may include ‘‘identifying sections, use of headings, paragraphing, Paperwork Reduction Act changing future compliance costs that etc.) aid or reduce their clarity? • The proposed priorities contain might result from technological Would the proposed regulations be information collection requirements that innovation or anticipated behavioral easier to understand if we divided them are approved by OMB under OMB into more (but shorter) sections? changes.’’ control number 1894–0006; the • Could the description of the We are issuing the proposed priorities proposed priorities do not affect the proposed regulations in the only on a reasoned determination that currently approved data collection. SUPPLEMENTARY INFORMATION section of their benefits would justify their costs. Accessible Format: On request to the this preamble be more helpful in In choosing among alternative program contact person listed under FOR making the proposed regulations easier regulatory approaches, we selected FURTHER INFORMATION CONTACT, to understand? If so, how? those approaches that would maximize individuals with disabilities can obtain net benefits. Based on an analysis of • What else could we do to make the proposed regulations easier to this document in an accessible format. anticipated costs and benefits, we The Department will provide the believe that the proposed priorities are understand? To send any comments that concern requestor with an accessible format that consistent with the principles in may include Rich Text Format (RTF) or Executive Order 13563. how the Department could make the proposed priorities easier to understand, text format (txt), a thumb drive, an MP3 We also have determined that this file, braille, large print, audiotape, or regulatory action does not unduly see the instructions in the ADDRESSES section. compact disc, or other accessible format. interfere with State, local, and Tribal Electronic Access to This Document: governments in the exercise of their Intergovernmental Review: These programs are subject to Executive Order The official version of this document is governmental functions. the document published in the Federal In accordance with the Executive 12372 and the regulations in 34 CFR part 79. One of the objectives of the Register. You may access the official orders, the Department has assessed the edition of the Federal Register and the potential costs and benefits, both Executive order is to foster an intergovernmental partnership and a Code of Federal Regulations at quantitative and qualitative, of this www.govinfo.gov. At this site you can regulatory action. The potential costs strengthened . The Executive order relies on processes developed by view this document, as well as all other are those resulting from statutory documents of the Department published requirements and those we have State and local governments for coordination and review of proposed in the Federal Register, in text or determined as necessary for Portable Document Format (PDF). To administering the Department’s Federal financial assistance. This document provides early use PDF you must have Adobe Acrobat programs and activities. Reader, which is available free at the Potential Costs and Benefits notification of our specific plans and The Department believes that this actions for these programs. site. You may also access documents of the proposed regulatory action would not Regulatory Flexibility Act Certification Department published in the Federal impose significant costs on eligible Register by using the article search entities, whose participation in our The Secretary certifies that this feature at www.federalregister.gov. programs is voluntary, and costs can proposed regulatory action would not Specifically, through the advanced generally be covered with grant funds. have a significant economic impact on search feature at this site, you can limit As a result, the proposed priorities a substantial number of small entities. your search to documents published by would not impose any particular burden The U.S. Small the Department. except when an entity voluntarily elects Size Standards define proprietary to apply for a grant. The proposed institutions as small businesses if they Ruth Ryder, priorities would help ensure that the are independently owned and operated, Deputy Assistant Secretary for Policy and American History and Civics Education are not dominant in their field of Programs, Office of Elementary and programs support the development of operation, and have total annual Secondary Education. culturally responsive teaching and revenue below $7,000,000. Nonprofit [FR Doc. 2021–08068 Filed 4–16–21; 8:45 am] learning practices and promote institutions are defined as small entities BILLING CODE 4000–01–P students’ acquisition of critical if they are independently owned and information literacy skills. We believe operated and not dominant in their field these benefits would outweigh any of operation. Public institutions are POSTAL REGULATORY COMMISSION associated costs. defined as small organizations if they are operated by a government 39 CFR Part 3050 Clarity of the Regulations overseeing a population below 50,000. [Docket No. RM2021–6; Order No. 5864] Executive Order 12866 and the The small entities that this proposed regulatory action would affect are Presidential memorandum ‘‘Plain Periodic Reporting Language in Government Writing’’ institutions of higher education and require each agency to write regulations nonprofit organizations. Of the impacts AGENCY: Postal Regulatory Commission. that are easy to understand. we estimate accruing to grantees or ACTION: Notice of proposed rulemaking. The Secretary invites comments on eligible entities, all are voluntary and how to make the proposed priorities related mostly to an increase in the SUMMARY: The Commission is easier to understand, including answers number of applications prepared and acknowledging a recent filing requesting to questions such as the following: submitted annually for competitive the Commission initiate a rulemaking • Are the requirements in the grant competitions. Therefore, we do proceeding to consider changes to proposed regulations clearly stated? not believe that the proposed priorities analytical principles relating to periodic • Do the proposed regulations contain would significantly impact small reports (Proposal Three). This document technical terms or other wording that entities beyond the potential for informs the public of the filing, invites interferes with their clarity? increasing the likelihood of their public comment, and takes other • Does the format of the proposed applying for, and receiving, competitive administrative steps. regulations (grouping and order of grants from the Department. DATES: Comments are due: June 1, 2021.

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