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

matters relevant to DOE’s consideration Submitting comments via email. discussion of the issues and assist DOE of the priority-setting process for all Comments and documents submitted in the process. Anyone who wishes to upcoming energy conservation via email, also will be posted to http:// be added to the DOE mailing list to standards and test procedure rules. www.regulations.gov. If you do not want receive future notices and information Such comments and information will your personal contact information to be about this process should contact aid in the development of the publicly viewable, do not include it in Appliance and Equipment Standards rulemaking schedule that will next your comment or any accompanying Program staff at (202) 287–1445 or via appear in DOE’s Spring Regulatory documents. Instead, provide your email at Agenda. contact information in a cover letter. ApplianceStandardsQuestions@ Submitting comments via http:// Include your first and last names, email ee.doe.gov. www.regulations.gov. The http:// address, telephone number, and www.regulations.gov web page requires optional mailing address. The cover Signing Authority you to provide your name and contact letter will not be publicly viewable as This document of the Department of information. Your contact information long as it does not include any Energy was signed on , 2021, will be viewable to DOE Building comments. Kelly Speakes-Backman, Acting Technologies staff only. Your contact Include contact information each time Assistant Secretary for Energy Efficiency information will not be publicly you submit comments, data, documents, and Renewable Energy, pursuant to viewable except for your first and last and other information to DOE. No delegated authority from the Acting names, organization name (if any), and telefacsimiles (faxes) will be accepted. Secretary of Energy. That document submitter representative name (if any). Comments, data, and other with the original signature and date is If your comment is not processed information submitted to DOE maintained by DOE. For administrative properly because of technical electronically should be provided in purposes only, and in compliance with difficulties, DOE will use this PDF (preferred), Microsoft Word or requirements of the Office of the Federal information to contact you. If DOE Excel, WordPerfect, or text (ASCII) file Register, the undersigned DOE Federal cannot read your comment due to format. Provide documents that are not Register Liaison Officer has been technical difficulties and cannot contact secured, written in English, and free of authorized to sign and submit the you for clarification, DOE not be any defects or viruses. Documents document in electronic format for able to consider your comment. should not contain special characters or publication, as an official document of However, your contact information any form of encryption and, if possible, the Department of Energy. This will be publicly viewable if you include they should carry the electronic administrative process in no way alters it in the comment or in any documents signature of the author. the legal effect of this document upon attached to your comment. Any Campaign form letters. Please submit publication in the Federal Register. information that you do not want to be campaign form letters by the originating publicly viewable should not be organization in batches of between 50 to Signed in Washington, DC, on , included in your comment, nor in any 500 form letters per PDF or as one form 2021. document attached to your comment. letter with a list of supporters’ names Treena V. Garrett, Persons viewing comments will see only compiled into one or more PDFs. This Federal Register Liaison Officer, U.S. first and last names, organization reduces comment processing and Department of Energy. names, correspondence containing posting time. [FR Doc. 2021–03058 Filed 2–18–21; 8:45 am] comments, and any documents Confidential Business Information. BILLING CODE 6450–01–P submitted with the comments. Pursuant to 10 CFR 1004.11, any person Do not submit to http:// submitting information that he or she www.regulations.gov information for believes to be confidential and exempt DEPARTMENT OF EDUCATION which disclosure is restricted by statute, by law from public disclosure should such as trade secrets and commercial or submit via email, two well-marked 34 CFR Chapter III financial information (hereinafter copies: One copy of the document [Docket ID ED–2020–OSERS–0192] referred to as Confidential Business marked ‘‘confidential’’ including all the Information (CBI)). Comments information believed to be confidential, Proposed Priority—Rehabilitation submitted through http:// and one copy of the document marked Short-Term Training-Client Assistance www.regulations.gov cannot be claimed ‘‘non-confidential’’ with the information Program (CAP Training) as CBI. Comments received through the believed to be confidential deleted. website will waive any CBI claims for Submit these documents via email. DOE AGENCY: Office of Special Education and the information submitted. For will make its own determination about Rehabilitative Services (OSERS), information on submitting CBI, see the the confidential status of the Department of Education. Confidential Business Information information and treat it according to its ACTION: Proposed priority. section. determination. DOE processes submissions made It is DOE’s policy that all comments SUMMARY: The Department of Education through http://www.regulations.gov may be included in the public docket, (Department) proposes a priority under before posting. Normally, comments without change and as received, the Rehabilitation Short-Term Training will be posted within a few days of including any personal information program, Assistance Listing Number being submitted. However, if large provided in the comments (except 84.246K. We may use this priority for volumes of comments are being information deemed to be exempt from competitions in fiscal year (FY) 2021 processed simultaneously, your public disclosure). and later years. We take this action to comment may not be viewable for up to DOE considers public participation to improve the capacity of Client several weeks. Please keep the comment be a very important part of the process Assistance Program (CAP) professionals tracking number that http:// for developing test procedures and to inform, assist, and advocate for State www.regulations.gov provides after you energy conservation standards. Vocational Rehabilitation (VR) Services have successfully uploaded your Interactions with and between members program clients and applicants about comment. of the public provide a balanced expanded education, training, and

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employment opportunities under the If you use a telecommunications Program Authority: 29 U.S.C. Rehabilitation Act of 1973, as amended device for the deaf (TDD) or a text 772(a)(1). by the Workforce Innovation and telephone (TTY), call the Federal Relay Applicable Program Regulations: 34 Opportunity Act (WIOA). The priority Service (FRS), toll free, at 1–800–877– CFR part 385 and 390. will provide enhanced training and 8339. Proposed Priority technical assistance on CAP duties and SUPPLEMENTARY INFORMATION: responsibilities under section 112 of the Invitation This notice contains one proposed Rehabilitation Act, VR service provision to Comment: We invite you to submit priority. comments regarding this proposed requirements in the Rehabilitation Act, Background expanded opportunities under WIOA, priority. To ensure that your comments The CAP is a formula program individual and systems advocacy have maximum effect in developing the authorized by section 112 of the competencies, and leadership, notice of final priority, we urge you to Rehabilitation Act. The purpose of the relationship-building, and outreach clearly identify the proposed priority CAP is to inform and advise VR clients skills as well as CAP strategic planning and specific requirement that each comment addresses. and applicants about all the benefits and resources management capacity- available under the Rehabilitation Act, building. Also, the priority will promote We invite you to assist us in complying with the specific including under sections 113 and 511 the use of flexible training delivery regarding pre-employment transition methods, including in-person and requirements of Executive Orders 12866, 13563, and 13771 and their services and limitations on use of virtual activities, and state-of-the-art subminimum wages, respectively. Upon communication tools and platforms, overall requirement of reducing regulatory burden that might result from the client’s or applicant’s request, the including the latest distance learning CAP program will provide assistance and convening technologies. the proposed priority. Please let us know of any ways we could reduce and advocacy in pursuing legal, DATE: We must receive your comments potential costs or increase potential administrative, or other appropriate on or before 22, 2021. benefits while preserving the effective remedies to ensure the protection of the ADDRESSES: Submit your comments and efficient administration of the rights of such individuals under the through the Federal eRulemaking portal program. Rehabilitation Act and to facilitate or via postal mail, commercial delivery, access to the services funded under the During and after the comment period, Rehabilitation Act through individual or hand delivery. We will not accept you may inspect all public comments comments submitted by fax or by email and systemic advocacy. The CAP about this proposed priority by program’s assistance and advocacy or those submitted after the comment accessing Regulations.gov. Due to the period. To ensure that we do not receive services may be directly related to COVID–19 pandemic, the Department facilitating the employment of the duplicate copies, please submit your buildings are currently not open. comments only once. In addition, please individual. The CAP program also However, upon reopening, you may also provides information on available include the Docket ID at the top of your inspect the comments in person in comments. services and benefits under title I of the Room 5051, 550 12th Street SW, Americans with Disabilities Act of 1990 • Federal eRulemaking Portal: Go to Washington, DC, between the hours of www.regulations.gov to submit your as well as the Rehabilitation Act, 9:30 a.m. and 4:00 p.m., Eastern time, especially with regard to individuals comments electronically. Information Monday through Friday of each week on using Regulations.gov, including with disabilities who have traditionally except Federal holidays. been unserved or underserved by VR instructions for accessing agency Assistance to Individuals with documents, submitting comments, and programs. According to the Annual Disabilities in Reviewing the Client Assistance Program Report (RSA– viewing the docket, is available on the Rulemaking Record: On request, we will site under ‘‘Help.’’ 227), CAP offices responded to 28,709 provide an appropriate accommodation requests for information and referral in • Postal Mail, Commercial Delivery, or auxiliary aid to an individual with a FY 2019. They also provided direct or Hand Delivery: If you mail or deliver disability who needs assistance to services, including assistance and your comments, address them to Felipe review the comments or other advocacy, to 4,359 individuals with Lulli, U.S. Department of Education, documents in the public rulemaking disabilities that year. 400 Maryland Avenue SW, Room 5101, record for this proposed priority. If you The WIOA amendments to the Potomac Center Plaza, Washington, DC want to schedule an appointment for Rehabilitation Act placed heightened 20202–2800. this type of accommodation or auxiliary emphasis on expanding quality Privacy Note: The Department’s aid, please contact the person listed employment and career advancement policy is to make all comments received under FOR FURTHER INFORMATION opportunities for individuals with from members of the public available for CONTACT. disabilities, with a focus on competitive public viewing in their entirety on the Purpose of Program: The integrated employment as defined in the Federal eRulemaking Portal at Rehabilitation Short-Term Training Rehabilitation Act. Consistent with www.regulations.gov. Therefore, program is designed to provide short- WIOA’s amendments to the commenters should be careful to term training and technical instruction Rehabilitation Act, the State VR include in their comments only in areas of special significance to the program operates under the principle information that they wish to make vocational, medical, social, and that individuals with disabilities, publicly available. psychological rehabilitation programs, including those with significant and the FOR FURTHER INFORMATION CONTACT: supported employment programs, most significant disabilities, are capable Felipe Lulli, U.S. Department of independent living services programs, of quality employment outcomes when Education, 400 Maryland Avenue SW, and client assistance programs, provided appropriate services, skills, Room 5101, Potomac Center Plaza, including special seminars, institutes, and supports. WIOA places certain Washington, DC 20202–2800. workshops, and other short-term limitations on subminimum wage Telephone: (202) 245–7425. Email: courses. Short-term training projects employment. WIOA also emphasizes [email protected]. may be of regional or national scope. pre-employment transition services for

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students with disabilities, supported populations. To fulfill their role roles of the State Rehabilitation Council, employment for individuals with the effectively, CAP professionals must be community rehabilitation programs, most significant disabilities, customized knowledgeable about the enhanced workforce development partners, and employment, and coordinated strategies opportunities, VR service-provision other stakeholders, as reflected in the such as career pathways and requirements, and CAP program’s roles Unified or Combined State Plans. The apprenticeships to help individuals and responsibilities under the training and technical assistance must with disabilities realize employment Rehabilitation Act. Also, CAP enhance CAP professionals’ individual goals consistent with their strengths, professionals must understand the and systems advocacy competencies resources, priorities, concerns, abilities, specific needs of individuals with and their leadership, relationship- capabilities, interests, and informed disabilities, the challenges State VR building, and outreach skills. In choice. At the same time, WIOA agencies face, and the roles of the State addition, the training and technical recognizes the need to reach Rehabilitation Council, community assistance must strengthen the traditionally unserved or underserved rehabilitation programs, and workforce institutional effectiveness of the CAP groups and individuals. development partners in their States. programs in the individual States Many of the WIOA provisions and Further, CAP professionals must possess through strategic planning and resource priorities are reflected in the Combined effective individual and systems management capacity-building and Unified State Plans developed in advocacy, leadership, relationship- activities. coordination with State and local building, and outreach skills. Finally, Under this priority, the Secretary will workforce development boards. Some the CAP programs require strong fund only applications that meet the States are also implementing innovative strategic planning and resource project requirements outlined below. approaches, including rapid engagement management capabilities. Applicants must describe major and progressive employment, to help The purpose of this priority is to implementation activities, timelines, individuals with disabilities to pursue provide high-quality and relevant and milestones for each of the following quality employment outcomes. training and technical assistance to project requirements: State VR agency personnel have increase CAP professionals’ knowledge, (1) Training and technical assistance experienced several challenges in skills, competencies, and capabilities in to increase CAP professionals’ implementing the WIOA expanded these critical areas. knowledge, skills, and competencies in provisions. As of 13, 2020, 25 The project must be awarded and the four broad subject areas and related of 78 VR agencies were unable to serve operated in a manner consistent with topics, including, but not limited to: all eligible individuals due to a lack of the nondiscrimination requirements (a) Rehabilitation Act in the context of financial and staff resources and have mandated by the U.S. Constitution and WIOA thus introduced orders of selection, Federal civil rights laws. (i) CAP program duties and closed one or more priority categories, Proposed Priority responsibilities under section 112(a) of and limited the provision of services to the Rehabilitation Act; eligible individuals based on the Rehabilitation Short-Term Training— (ii) VR service provision requirements significance of their disabilities. Five of Client Assistance Program (CAP in the Rehabilitation Act and related these VR agencies have closed all Training). regulations, policy guidance, and legal priority categories, meaning that they The Department proposes to establish decisions, including those regarding are not providing services to new this Rehabilitation Short-Term Training- section 113 on pre-employment applicants for the VR program. VR Client Assistance Program (CAP transition services and section 511 agencies are implementing orders of Training) priority to provide CAP regarding limitations on subminimum selection for two main reasons, one professionals the necessary knowledge, wages; being the inability to provide the non- competencies, and skills to help VR (iii) Expanded training, education, Federal share required as match for the clients and applicants access expanded and employment opportunities under VR program, which prevents them from education, training, and employment WIOA, including but not limited to pre- accessing all available Federal VR opportunities under WIOA, and to employment transition services, work- program funds, and the other being the address obstacles or barriers that VR based learning, apprenticeships, requirement to reserve at least 15 clients and applicants may encounter. customized employment, career percent of Federal VR program funds for Under this priority, grantees must pathways, and focus on postsecondary providing pre-employment transition provide comprehensive and in-depth credential attainment, including services to eligible and potentially training and technical assistance advanced degrees; eligible students with disabilities, activities that provide updated (iv) Challenges and successes that VR which restricts the amount of VR information about CAP program duties agencies experience in making the program funds available to serve all and responsibilities under the opportunities under WIOA available to other eligible individuals with Rehabilitation Act; expanded VR service individuals with disabilities in their disabilities. These trends may be provisions in the Rehabilitation Act, States; impacting the nature, scope, and including section 113 on pre- (v) Obstacles that individuals with timeliness of the VR services as well as employment transition services and disabilities experience in accessing VR the number of eligible individuals section 511 regarding limitations on services, including the new and served. subminimum wages; and on other expanded services available through the The CAP professionals play a vital education, training, and employment VR program as a result of WIOA, role in helping VR clients and opportunities under WIOA, including particularly individuals with the most applicants to access the expanded career pathways, apprenticeships, and significant disabilities, students and opportunities under WIOA, even in the customized employment. In providing youth with disabilities, members of midst of the challenges the State VR the training and technical assistance, traditionally unserved or underserved agencies face, through individual grantees must consider the challenges groups, and individuals in economically information and advocacy services, that State VR agencies face in disadvantaged communities; and systems change activities, and outreach implementing WIOA’s expanded (vi) Key stakeholder roles, including to traditionally unserved or underserved provisions and opportunities and the State Rehabilitation Councils (SRC),

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community rehabilitation programs, and may include resources developed by (c) Relationship between the observed workforce development boards, as RSA VR technical assistance centers and CAP services trends and the training reflected in the Unified or Combined demonstration projects, available at the and technical assistance provided under State Plans. National Clearinghouse of this priority. (b) Discrete skills related to CAP Rehabilitation Training Materials; The performance assessment will be duties and responsibilities (e) Information delivery methods, based on a variety of quantitative and (i) Individual advocacy; including in-person and virtual qualitative data sources, including, but (ii) Systems advocacy; activities, communities of practice, not limited to: (iii) Alternate dispute resolution; and social media, and searchable databases; (a) RSA–227; (iv) Leadership, relationship building, and (b) Pre- and post-training assessments; and outreach. (c) Strategic planning (f) State-of-the-art communication (c) Questionnaires, surveys, and focus (i) Assessments of VR program tools and platforms, including an groups; challenges, needs, and opportunities in interactive project website, distance (d) Success stories; and the State, including the State VR learning and convening technologies, (e) Peer reviews. agency’s own innovative approaches as and searchable databases. The foregoing performance well as the expanded provisions under The training and technical assistance considerations and data sources must be WIOA. Strategic assessments include plan must be based on a comprehensive incorporated in a comprehensive targeted reviews of the RSA–227, review of CAP professionals’ needs with evaluation plan. The evaluation plan Unified or Combined State Plans, RSA respect to the required subject areas and will include a logic model that outlines monitoring reports, and feedback from topics outlined above. The the proposed project activities, outputs, VR clients, applicants, and other key comprehensive needs assessment may outcomes, baselines, and targets. The stakeholders; comprise reviews of the RSA–227, plan also will describe how the (ii) Development of the individual Unified or Combined State Plans, and evaluation results will be used to CAP programs’ strategic goals and RSA State monitoring reports as well as promote continuous program action plans (including their particular questionnaires, surveys, and interviews improvement throughout the grant’s training or technical assistance needs, with CAP professionals and key period of performance. based on their identified State VR stakeholders, among others. Types of Priorities program challenges, needs, and (3) Quality control processes to ensure opportunities; and that training and technical assistance When inviting applications for a (iii) Strategic outreach and activities and materials are updated to competition using one or more engagement with State VR agencies, the reflect the statutory and regulatory priorities, we designate the type of each SRC, and workforce development changes in the Rehabilitation Act as priority as absolute, competitive partners, among others. amended by title IV of WIOA, the RSA preference, or invitational through a (d) Resource management policy guidance updates, and future notice in the Federal Register. The (i) Budgeting and financial oversight reauthorizations of the Rehabilitation effect of each type of priority follows: practices in support of strategic goals Act; Absolute priority: Under an absolute and objectives, consistent with (4) Coordination with and leveraging priority, we consider only applications Generally Accepted Accounting the resources of RSA’s vocational that meet the priority (34 CFR Practices; and rehabilitation technical assistance 75.105(c)(3)). (ii) Uniform Administrative centers and other Federal or non- Competitive preference priority: Requirements, Cost Principles, and Federal programs, including the Under a competitive preference priority, Audit Requirements for Federal Awards, recently funded RSA technical we give competitive preference to an at 2 CFR part 200, pertinent to CAP and assistance centers on Quality application by (1) awarding additional VR program operations. Employment and Quality Management points, depending on the extent to (2) Comprehensive plan for the and the National Technical Assistance which the application meets the priority delivery of training and technical Center on Transition, in the (34 CFR 75.105(c)(2)(a)); or (2) selecting assistance on the required subject areas development of CAP Training project an application that meets the priority and topics. The plan must describe the activities, curriculum, materials, and over an application of comparable merit following: (a) Subject areas and topics, tools; that does not meet the priority (34 CFR specifically, how they will be (5) Coordination with the entity 75.105(c)(2)(ii)). prioritized and made available in the providing training and technical Invitational priority: Under an initial year and subsequent years of the assistance to the Protection and invitational priority, we are particularly project; Advocacy of Individual Rights program, interested in applications that meet the (b) Training activities, consisting of consistent with section 509 of the priority. However, we do not give an both established training modules and Rehabilitation Act; and application that meets the priority a ad hoc training responsive to emerging (6) Project evaluation based on preference over other applications (34 circumstances or trends; performance measures to be established CFR 75.105(c)(1)). (c) Technical assistance, consisting of in the notice inviting applications, Final Priority: We will announce the individualized information on consistent with the Government final priority in a notice in the Federal identified subject areas and topics, as Performance and Results Act. Register. We will determine the final well as consultation on options for CAP Training performance will be priority after considering responses to applying existing law, regulations, and assessed based on the following the proposed priority and other RSA-issued guidance to specific factual considerations: information available to the Department. circumstances that arise in the course of (a) Quality, relevance, and usefulness This document does not preclude us CAP professionals’ individual or of the training and technical assistance; from proposing additional priorities, systems advocacy efforts; (b) Trends in pertinent CAP program requirements, definitions, or selection (d) Training and technical assistance services, including individual and criteria, subject to meeting applicable curricula, materials, and tools, which systems advocacy; and rulemaking requirements.

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Note: This notice does not solicit 13563, which supplements and determined as necessary for applications. In any year in which we explicitly reaffirms the principles, administering the Department’s choose to use this priority, we invite structures, and definitions governing programs and activities. The costs applications through a notice in the regulatory review established in would include the time and effort in Federal Register. Executive Order 12866. To the extent responding to the priority for entities permitted by law, Executive Order that choose to respond. Executive Orders 12866, 13563, and 13563 requires that an agency— In addition, we have considered the 13771 (1) Propose or adopt regulations only potential benefits of this regulatory Regulatory Impact Analysis upon a reasoned determination that action and have noted these benefits in their benefits justify their costs the Background section of this Under Executive Order 12866, the (recognizing that some benefits and document. The benefits include Office of Management and Budget costs are difficult to quantify); receiving comments regarding the best (OMB) determines whether this (2) Tailor its regulations to impose the way to provide training to CAP regulatory action is ‘‘significant’’ and, least burden on society, consistent with professionals. therefore, subject to the requirements of obtaining regulatory objectives and the Executive order and subject to taking into account—among other things Clarity of the Regulations review by OMB. Section 3(f) of and to the extent practicable—the costs Executive Order 12866 and the Executive Order 12866 defines a of cumulative regulations; Presidential memorandum ‘‘Plain ‘‘significant regulatory action’’ as an (3) In choosing among alternative Language in Government Writing’’ action likely to result in a rule that regulatory approaches, select those require each agency to write regulations may— approaches that maximize net benefits that are easy to understand. The (1) Have an annual effect on the (including potential economic, Secretary invites comments on how to economy of $100 million or more, or environmental, public health and safety, make these proposed priorities easier to adversely affect a sector of the economy, and other advantages; distributive understand, including answers to productivity, competition, jobs, the impacts; and equity); questions such as the following: environment, public health or safety, or (4) To the extent feasible, specify • Are the requirements in the State, local, or Tribal governments or performance objectives, rather than the proposed regulations clearly stated? communities in a material way (also behavior or manner of compliance a • Do the proposed regulations contain referred to as an ‘‘economically regulated entity must adopt; and technical terms or other wording that significant’’ rule); (5) Identify and assess available interferes with their clarity? (2) Create serious inconsistency or alternatives to direct regulation, • Does the format of the proposed otherwise interfere with an action taken including economic incentives—such as regulations (grouping and order of or planned by another agency; user fees or marketable permits—to sections, use of headings, paragraphing, (3) Materially alter the budgetary encourage the desired behavior or etc.) aid or reduce their clarity? impacts of entitlement grants, user fees, provide information that enables the • Would the proposed regulations be or loan programs or the rights and public to make choices. easier to understand if we divided them obligations of recipients thereof; or Executive Order 13563 also requires into more (but shorter) sections? (4) Raise novel legal or policy issues an agency ‘‘to use the best available • Could the description of the arising out of legal mandates, the techniques to quantify anticipated proposed regulations in the President’s priorities, or the principles present and future benefits and costs as SUPPLEMENTARY INFORMATION section of stated in the Executive order. accurately as possible.’’ The OMB Office the preamble be more helpful in making OMB has determined that this of Information and Regulatory Affairs the proposed regulations easier to proposed regulatory action is not a has emphasized that these techniques understand? If so, how? significant regulatory action subject to may include ‘‘identifying changing • What else could we do to make the review by OMB under section 3(f) of future compliance costs that might proposed regulations easier to Executive Order 12866. result from technological innovation or understand? Under Executive Order 13771, for anticipated behavioral changes.’’ To send any comments that concern each new rule that the Department We are issuing the proposed priority how the Department could make these proposes for notice and comment or only on a reasoned determination that proposed regulations easier to otherwise promulgates that is a their benefits justify their costs. In understand, see the instructions in the significant regulatory action under choosing among alternative regulatory ADDRESSES section. Executive Order 12866 and that imposes approaches, we selected those Regulatory Flexibility Act total costs greater than zero, it must approaches that maximize net benefits. Certification: The Secretary certifies that identify two deregulatory actions. For Based on the analysis that follows, the this proposed regulatory action would FY 2021, any new incremental costs Department believes that this regulatory not have a significant economic impact associated with a new rule must be fully action is consistent with the principles on a substantial number of small offset by the elimination of existing in Executive Order 13563. entities. The U.S. Small Business costs through deregulatory actions. We have also determined that this Administration Size Standards define However, Executive Order 13771 does regulatory action does not unduly proprietary institutions as small not apply to ‘‘transfer rules’’ that cause interfere with State, local, and Tribal businesses if they are independently only income transfers between governments in the exercise of their owned and operated, are not dominant taxpayers and program beneficiaries, governmental functions. in their field of operation, and have total such as those regarding discretionary In accordance with these Executive annual revenue below $7,000,000. grant programs. Because the proposed orders, the Department has assessed the Nonprofit institutions are defined as priority would be used in connection potential costs and benefits, both small entities if they are independently with a discretionary grant program, quantitative and qualitative, of this owned and operated and not dominant Executive Order 13771 does not apply. regulatory action. The potential costs in their field of operation. Public We have also reviewed this proposed are those resulting from statutory institutions are defined as small regulatory action under Executive Order requirements and those we have organizations if they are operated by a

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government overseeing a population www.govinfo.gov. At this site you can through Friday, 9 a.m. and 4 p.m. by below 50,000. view this document, as well as all other calling 202–268–2906. The small entities that this proposed documents of this Department FOR FURTHER INFORMATION CONTACT: Dale regulatory action would affect are public published in the Federal Register, in E. Kennedy, 202–268–6592. or private nonprofit agencies and text or Portable Document Format SUPPLEMENTARY INFORMATION: The Postal organizations, including Indian Tribes (PDF). To use PDF, you must have Service is proposing to amend and institutions of higher education, Adobe Acrobat Reader, which is Publication 52 with the provisions that may apply. We believe that the available free at the site. described below and, once adopted, will costs imposed on an applicant by the You may also access documents of the incorporate the revised Publication 52 proposed priority would be limited to Department published in the Federal by reference into 39 CFR part 113. You paperwork burden related to preparing Register by using the article search an application and that the benefits of feature at: www.federalregister.gov. may view the text of the proposed edits this proposed priority would outweigh Specifically, through the advanced to Publication 52 at https://pe.usps.com. any costs incurred by the applicant. search feature at this site, you can limit On 27, 2020, the Preventing There are very few entities who could your search to documents published by Online Sales of E-Cigarettes to Children provide the type of training and the Department. Act (‘‘Act’’), Public Law 116–160, div. technical assistance required under the FF, title VI (2020), was enacted. David Cantrell, proposed priority. For these reasons, the Effective 90 days after enactment, proposed priority would not impose a Deputy Commissioner, Office of Special Section 602 of the Act adds ‘‘electronic Education Programs. Delegated the authority burden on a significant number of small nicotine delivery systems’’ (ENDS) to to perform the functions and duties of the the definition of ‘‘cigarettes’’ subject to entities. Assistant Secretary for the Office of Special Paperwork Reduction Act of 1995: regulation under the Jenkins Act, 15 Education and Rehabilitative Services. U.S.C. 375 et seq. Consequently, ENDS The proposed priority contains [FR Doc. 2021–03422 Filed 2–18–21; 8:45 am] information collection requirements that will also become subject to the BILLING CODE 4000–01–P are approved by OMB under OMB mailability restrictions and exceptions control number 1820–0018. in 18 U.S.C. 1716E, which rely on the Intergovernmental Review: This Jenkins Act definition of ‘‘cigarettes.’’ 18 POSTAL SERVICE program is subject to Executive Order U.S.C. 1716E(a)(1). Section 603 of the Act requires the Postal Service to 12372 and the regulations in 34 CFR 39 CFR Part 113 part 385. One of the objectives of the promulgate implementing regulations Executive order is to foster an Treatment of E-Cigarettes in the Mail not later than 120 days after enactment intergovernmental partnership and a and provides that the prohibition on TM strengthened federalism. The Executive AGENCY: Postal Service . mailing ENDS will apply immediately order relies on processes developed by ACTION: Proposed revision, invitation for ‘‘on and after’’ the date of the final rule. comment. State and local governments for Current Mailing Restrictions on coordination and review of proposed SUMMARY: The Postal Service proposes Cigarettes and Smokeless Tobacco Federal financial assistance. to revise Publication 52, Hazardous, This document provides early Currently, 18 U.S.C. 1716E bans the Restricted, and Perishable Mail, to notification of our specific plans and mailing of cigarettes and smokeless incorporate new statutory restrictions actions for this program. tobacco except in narrowly defined on the mailing of electronic nicotine circumstances, as described below. Assessment of Educational Impact delivery systems. Such items would be • Noncontiguous States: Intrastate In accordance with section 411 of the subject to the same prohibition as shipments within Alaska or Hawaii; General Education Provisions Act, 20 cigarettes and smokeless tobacco, • Business/Regulatory Purposes: U.S.C. 1221e–4, the Secretary subject to many of the same exceptions. Shipments transmitted between verified particularly requests comments on DATE: We must receive your comments and authorized tobacco industry whether these proposed regulations on or before , 2021. businesses for business purposes, or would require transmission of ADDRESSES: Mail or deliver written between such businesses and federal or information that any other agency or comments to the Manager, Product state agencies for regulatory purposes; authority of the United States gathers or Classification, U.S. Postal Service, 475 • Certain Individuals: Lightweight makes available. L’Enfant Plaza SW, Room 4446, shipments mailed between adult Accessible Format: On request to the Washington, DC 20260–3436. Email individuals, limited to 10 per 30-day program contact person listed under FOR comments, containing the name and period; FURTHER INFORMATION CONTACT, address of the Commenter, may be sent • Consumer Testing: Limited individuals with disabilities can obtain to: [email protected], with a shipments of cigarettes sent by verified this document and a copy of the subject line of ‘‘E-Cigarette and authorized manufacturers to adult application package in an accessible Restrictions.’’ Faxed comments are not smokers for consumer testing purposes; format. The Department will provide the accepted. All submitted comments and and requestor with an accessible format that attachments are part of the public record • Public Health: Limited shipments may include Rich Text Format (RTF) or and subject to disclosure. Do not by federal agencies for public health text format (txt), a thumb drive, an MP3 enclose any material in your comments purposes under similar rules applied to file, braille, large print, audiotape, or that you consider to be confidential or manufacturers conducting consumer compact disc, or other accessible format. inappropriate for public disclosure. testing. Electronic Access to This Document: You may inspect and photocopy all 18 U.S.C. 1716E(b)(2)–(6). Outside of The official version of this document is written comments, by appointment these exceptions, the Postal Service the document published in the Federal only, at USPS® Headquarters Library, cannot accept or transmit any package Register. You may access the official 475 L’Enfant Plaza SW, 11th Floor that it knows, or has reasonable cause to edition of the Federal Register and the North, Washington, DC 20260. These believe, contains nonmailable smokeless Code of Federal Regulations at records are available for review Monday tobacco or cigarettes. Id. at (a)(1).

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