Statewide Family Engagement Centers Program, 49642-49645 [2020-17872]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 49642 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices Day 2, Friday, September 18, 2020 12:00 p.m.–12:45 p.m., Use of Calculators, TBD. 12:45 p.m.–1:15 p.m., Complex Reasoning, Dr. Scott Oppler, HumRRO*. 1:15 p.m.–1:30 p.m., Break. 1:30 p.m.–2:30 p.m., Adverse Impact, Dr. Gregory Manley, OPA/DPAC*. 2:30 p.m.–4:00 p.m., Testing—Next Generation (Multi-Dimensional Evaluations and Future Vision), Dr. Mary Pommerich/Dr. Tia Fechter, OPA/DPAC*, Dr. Scott Oppler, HumRRO*. 4:00 p.m.–4:15 p.m., Break. 4:15 p.m.–4:30 p.m., Future Topics, Dr. Dan Segall, OPA/Director, DPAC*. 4:30 p.m.–4:45 p.m., Public Comment. 4:45 p.m.–5:00 p.m., Closing Comments, Dr. Michael Rodriguez, Chair. Abbreviations key: ASVAB = Armed Services Vocational Aptitude Battery ASVAB CEP = ASVAB Career Exploration Program, provided free to high schools nation-wide to help students develop career exploration skills and used by recruiters to identify potential applicants for enlistment HumRRO = Human Resources Research Organization OASD(M&RA)/AP = Office of the Assistant Secretary of Defense (Manpower & Reserve Affairs)/ Accession Policy OPA/DPAC = Office of People Analytics/Defense Personnel Assessment Center TAPAS = Tailored Adaptive Personality Assessment System Meeting Accessibility: Pursuant to 5 U.S.C. 552b and 41 CFR 102–3.140 through 102–3.165, and the availability of space, this meeting is virtually open to the public. Dial-in availability is based on first-come, first-served basis. All members of the public who wish to attend the public meeting must contact the Designated Federal Officer, not later than 12:00 p.m. on Monday, September 7, 2020, as listed in the FOR FURTHER INFORMATION CONTACT section. Written Statements: Pursuant to 41 CFR 102–3.105(j) and 102–3.140 and section 10(a)(3) of the FACA, interested persons may submit written statements to the Committee at any time about its approved agenda or at any time on the Committee’s mission. Written statements should be submitted to the Committee’s Designated Federal Officer at the address or facsimile number listed in the FOR FURTHER INFORMATION CONTACT section. If statements pertain to a specific topic being discussed at the planned meeting, then these statements VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 must be submitted no later than five (5) business days prior to the meeting in question. Written statements received after this date may not be provided to or considered by the Committee until its next meeting. The Designated Federal Officer will review all timely submitted written statements and provide copies to all the committee members before the meeting that is the subject of this notice. Please note that since the Committee operates under the provisions of the FACA, all submitted comments and public presentations will be treated as public documents and will be made available for public inspection. Opportunity for public comments will be provided at the end of the meeting. Public comments will be limited to 5 minutes per person, as time allows. Dated: August 10, 2020. Aaron T. Siegel, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 2020–17773 Filed 8–13–20; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Army Corps of Engineers Sunshine Act Meetings AGENCY HOLDING THE MEETINGS: Mississippi River Commission TIME AND DATE: 9:00 a.m., August 24, 2020. PLACE: On board Mississippi V at Caruthersville City Front, Caruthersville, Missouri STATUS: Open to the public. MATTERS TO BE CONSIDERED: (1) Summary report by President of the Commission on national and regional issues affecting the U.S. Army Corps of Engineers and Commission programs and projects on the Mississippi River and its tributaries; (2) District Commander’s overview of current project issues within the St. Louis and Memphis Districts; and (3) Presentations by local organizations and members of the public giving views or comments on any issue affecting the programs or projects of the Commission and the Corps of Engineers. TIME AND DATE: 9:00 a.m., August 26, 2020. PLACE: On board Mississippi V at Greenville City Front, Greenville, Mississippi STATUS: Open to the public. MATTERS TO BE CONSIDERED: (1) Summary report by President of the Commission on national and regional issues affecting the U.S. Army Corps of PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 Engineers and Commission programs and projects on the Mississippi River and its tributaries; (2) District Commander’s overview of current project issues within the Memphis District; and (3) Presentations by local organizations and members of the public giving views or comments on any issue affecting the programs or projects of the Commission and the Corps of Engineers. TIME AND DATE: 9:00 a.m., August 28, 2020. PLACE: On board Mississippi V at Morgan City Port Commission Dock, Morgan City, Louisiana STATUS: Open to the public. MATTERS TO BE CONSIDERED: (1) Summary report by President of the Commission on national and regional issues affecting the U.S. Army Corps of Engineers and Commission programs and projects on the Mississippi River and its tributaries; (2) District Commander’s overview of current project issues within the Vicksburg District; and (3) Presentations by local organizations and members of the public giving views or comments on any issue affecting the programs or projects of the Commission and the Corps of Engineers. CONTACT PERSON FOR MORE INFORMATION: Mr. Charles A. Camillo, telephone 601– 634–7023. David B. Olson, Federal Register Liaison Officer, U.S. Army Corps of Engineers. [FR Doc. 2020–17925 Filed 8–12–20; 4:15 pm] BILLING CODE 3720–58–P DEPARTMENT OF EDUCATION Statewide Family Engagement Centers Program Office of Elementary and Secondary Education, Department of Education. ACTION: Final requirement. AGENCY: The Department of Education (Department) amends program requirement (a) in the Fiscal Year (FY) 2018 notice inviting applications (NIA) for the Statewide Family Engagement Centers (SFEC) program, Catalog of Federal Domestic Assistance (CFDA) number 84.310A. This final requirement provides current grantees the opportunity to request, on an annual basis, a reduction in their required 15 percent matching contribution in a project year due to economic circumstances related to the Novel Coronavirus Disease 2019 (COVID–19) pandemic. SUMMARY: E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices DATES: August 14, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Beth Yeh, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E335, Washington, DC 20202. Telephone: (202) 205–5798. Email: beth.yeh@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: Purpose of Program: The purpose of the SFEC program, authorized under title IV, part E of the Elementary and Secondary Education Act of 1965, as amended (ESEA), is to provide financial support to organizations that provide technical assistance and training to State educational agencies (SEAs) and local educational agencies (LEAs) in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. khammond on DSKJM1Z7X2PROD with NOTICES Program Authority: Sections 4501–4506 of the ESEA (20 U.S.C. 7241–46). Background: Section 4502(c) of the ESEA requires grantees to obtain nonFederal matching contributions after the first year of the grant. In the NIA published in the Federal Register on June 28, 2018 (83 FR 30430), we established the specific match percentage in program requirement (a) under section 437(d)(1) of the General Education Provisions Act (GEPA). Under that requirement, each grantee must secure a non-Federal matching contribution of a minimum of 15 percent of its SFEC grant award in each of years two through five of the grant, which may be in cash or in-kind. The Department understands that, due to the national emergency caused by COVID– 19, it is now very difficult for grantees to meet their match requirements. Many nonprofit organizations have lost funding or have changed their priorities to focus on the COVID–19 emergency. This could cause difficulties in meeting match requirements particularly in year two of the grant, possibly in subsequent years. The Department is therefore providing flexibility for grantees to request, on an annual basis, a reduction of the matching requirement in a project year due to economic circumstances related to the COVID–19 pandemic. Recognizing that, in securing matching contributions, grantees might continue to experience the economic effects of the pandemic after it has subsided, the VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 Department will consider requests for up to one fiscal year following the fiscal year in which the national emergency declaration concerning the pandemic, issued on March 13, 2020, under the National Emergencies Act, is lifted. Final Requirement: (a) Matching funds for grant renewal. Each grantee must contribute nonFederal matching funds or in-kind donations equal to at least 15 percent of its SFEC grant award in project years two through five. At its discretion, in response to a request from the grantee, the Department may reduce the percentage of the required non-Federal matching contribution for a grantee for the current project year (e.g., for project year two in FY 2020), if requested by the grantee due to circumstances related to the COVID–19 pandemic. Grantees interested in requesting a reduction of the 15 percent match must submit a written request to the Department. The request must be addressed to Beth Yeh at beth.yeh@ed.gov, identify the new match percentage proposed, and explain why the reduction is needed, including a discussion of how COVID–19 has affected the grantee’s ability to meet the 15 percent match. In addition, the grantee must demonstrate that the change in match will not affect achievement of the scope and objectives in the approved grant application. Note: All information in the NIA for this grant program remains the same, except for the flexibility to request a reduction in the 15 percent matching program requirement. Waiver of Notice and Comment Rulemaking and Delayed Effective Date Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed requirements. However, the APA provides that an agency is not required to conduct notice and comment rulemaking when the agency for good cause finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). Here, there is good cause to waive notice and comment rulemaking, because going through the full rulemaking process would delay the Department’s ability to provide relief to grantees requesting a reduction of their matching requirements in year two and subsequent years of the grant. The good cause exception is appropriate ‘‘in emergency situations or where delay could result in serious harm.’’ See Jifry v. FAA, 370 F.3d 1174, 1179 (D.C. Cir. 2004) (internal citations PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 49643 omitted). ‘‘The public interest prong of the good cause exception to the APA notice and comment requirement is met only in the rare circumstance when ordinary procedures—generally presumed to serve the public interest— would in fact harm that interest.’’ Mack Trucks Inc. v. E.P.A., 682 F.3d 87, 95 (D.C. Cir. 2012). The COVID–19 pandemic has escalated at a rapid pace and scale, resulting in extraordinary circumstances including widespread school closures and financial hardship in the nonprofit sector. Some grantees are having trouble meeting their matching requirements in year two due to financial difficulties of nonprofit organizations and reprogramming of nonprofit funds to focus on COVID–19. They may also have difficulties meeting their matching requirement in subsequent years. Due to the emergency nature of this situation, there is not time for notice and comment rulemaking. By allowing grantees to request a lower matching requirement, they will be able to continue to address the objectives in their grants, which are especially important during this difficult time for families, including financial hardship and virtual learning. The APA also generally requires that regulations be published at least 30 days before their effective date but excepts from that requirement rules that grant or recognize an exemption or relieve a restriction (5 U.S.C. 553(d)(1)). Because this requirement relieves restrictions on the required matching funds, this exception to the delayed effective date under the APA applies. Executive Orders 12866, 13563, and 13771 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; E:\FR\FM\14AUN1.SGM 14AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 49644 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices (3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles stated in the Executive order. This final regulatory action is not a significant regulatory action subject to review by OMB under section 3(f)(1) of Executive Order 12866. Under Executive Order 13771, for each new regulation that the Department proposes for notice and comment or otherwise promulgates that is a significant regulatory action under Executive Order 12866 and that imposes total costs greater than zero, it must identify two deregulatory actions. For FY 2020, any new incremental costs associated with a significant regulatory action must be fully offset by the elimination of existing costs through deregulatory actions. Because the final regulatory action is not significant, the requirements of Executive Order 13771 do not apply. Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). We have also reviewed this final 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 VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 provide information that enables the public to make choices. Executive Order 13563 also requires an agency ‘‘to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible.’’ The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include ‘‘identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.’’ We are issuing this final requirement only on a reasoned determination that its benefits justify its costs. In choosing among alternative regulatory approaches, we selected those approaches that maximize net benefits. Based on the analysis that follows, the Department believes that this final regulatory action is consistent with the principles in Executive Order 13563. We also have determined that this regulatory action does not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions. 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. Discussion of Costs, Benefits, and Need for Regulatory Action The Department recognizes that SFEC grantees provide resources to support and improve parent and family engagement in education, which now more than ever is of critical importance. We also understand that matching requirements serve the significant purpose of leveraging non-Federal resources to increase the impact of Federal grantmaking. However, given the extraordinary economic circumstances surrounding the COVID– 19 pandemic, the Department believes we must provide flexibility to SFEC grantees to request and implement a reduced matching contribution where needed. Absent this regulatory action, the Department would be obligated to take appropriate enforcement action against a grantee that fails to comply with the 15 percent matching requirement, which could include reducing the grantee’s continuation award or terminating its grant. Such actions if taken would inflict greater harm on program beneficiaries than would adjustments to the provision of PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 project services occasioned by a reduced matching contribution. Based on currently available information, the Department estimates that two of the 12 SFEC grantees will request a match reduction for the current fiscal year (project year two), to one percent.1 Using an average project year two continuation award of approximately $900,000, a reduction from 15 percent to one percent would mean that matching contributions would be reduced from $135,000 to $9,000, or by $126,000, per grantee, for a total reduction of $252,000 in FY 2020 if each request is approved. While this estimated reduction in matching contributions might be considered a cost attributable to this regulatory action, it is in any case minor relative to program funding (2.5 percent of $10 million in FY 2020). Moreover, we note that, consistent with the final requirement, no reduction to a matching contribution may result in a change to the scope and objectives of a grantee’s project. Lastly, we believe any costs associated with this action are outweighed by the benefits to stakeholders discussed in the previous paragraph. Regulatory Flexibility Act Certification The Regulatory Flexibility Act does not apply to this rulemaking because there is good cause to waive notice and comment under 5 U.S.C. 553. Paperwork Reduction Act of 1995 This final regulatory action does not create any new information collection requirements. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. 1 Given uncertainty in the persistence of widespread economic impacts of the COVID–19 pandemic in FY 2021 and (if applicable) future years, the Department does not believe it can estimate with confidence the number of SFEC grantees that will request a match reduction in those years nor the reduction amounts. E:\FR\FM\14AUN1.SGM 14AUN1 Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices 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. Betsy DeVos, Secretary of Education. [FR Doc. 2020–17872 Filed 8–13–20; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY [EERE–2013–BT–NOC–0005] Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Public Webinar Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of meeting. AGENCY: The Department of Energy (‘‘DOE’’) announces a meeting via webinar of the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC). The Federal Advisory Committee Act requires that agencies publish notice of an advisory committee meeting in the Federal Register. DATES: DOE will hold a webinar on Tuesday, September 22, 2020 from 1 p.m. to 5 p.m. ADDRESSES: Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s website: https:// www.energy.gov/eere/buildings/ appliance-standards-and-rulemakingfederal-advisory-committee. See the Public Participation section of this notice for additional information on this attending this webinar. FOR FURTHER INFORMATION CONTACT: John Cymbalsky, ASRAC Designated Federal Officer, U.S. Department of Energy, Building Technologies Program, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287–1692. Email: asrac@ee.doe.gov. SUPPLEMENTARY INFORMATION: The primary focus of this meeting will be the discussion and prioritization of topic areas on which ASRAC can assist the Appliance and Equipment Standards Program. DOE plans to hold this webinar to gather advice and recommendations on the development of standards and test procedures for consumer products and commercial and khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:29 Aug 13, 2020 Jkt 250001 industrial equipment. (The final agenda will be available for public viewing at https://www.regulations.gov/ docket?D=EERE-2013-BT-NOC-0005.) Public Participation The time and date of the webinar are listed in the DATES section at the beginning of this document. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s website: If you plan to attend the public meeting, please notify the ASRAC staff at asrac@ee.doe.gov. Please note that foreign nationals participating in the public meeting are subject to advance security screening procedures which require advance notice prior to attendance at the public meeting. If a foreign national wishes to participate in the public meeting, please inform DOE as soon as possible by contacting Ms. Regina Washington at (202) 586–1214 or by email: Regina.Washington@ee.doe.gov so that the necessary procedures can be completed. Participants are responsible for ensuring their systems are compatible with the webinar software. Signing Authority This document of the Department of Energy was signed on August 10, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on August 11, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2020–17802 Filed 8–13–20; 8:45 am] BILLING CODE 6450–01–P Frm 00030 Fmt 4703 DEPARTMENT OF ENERGY Energy Conservation Program for Consumer Products: Representative Average Unit Costs of Energy Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice. AGENCY: Attendance at Public Meeting PO 00000 49645 Sfmt 4703 In this notice, the U.S. Department of Energy (DOE) is forecasting the representative average unit costs of five residential energy sources for the year 2020 pursuant to the Energy Policy and Conservation Act (Act). The five sources are electricity, natural gas, No. 2 heating oil, propane, and kerosene. DATES: The representative average unit costs of energy contained in this notice will become effective September 14, 2020 and will remain in effect until further notice. FOR FURTHER INFORMATION CONTACT: John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy Forrestal Building, Mail Station EE–5B, 1000 Independence Avenue SW, Washington, DC 20585– 0121, (202) 287–1692, Appliance StandardsQuestions@ee.doe.gov. Francine Pinto, Esq. U.S. Department of Energy, Office of General Counsel Forrestal Building, Mail Station GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0103, (202) 586– 7432, Francine.Pinto@hq.doe.gov. SUPPLEMENTARY INFORMATION: Section 323 of the Energy Policy and Conservation Act requires that DOE prescribe test procedures for the measurement of the estimated annual operating costs or other measures of energy consumption for certain consumer products specified in the Act. (42 U.S.C. 6293(b)(3)) These test procedures are found in Title 10 of the Code of Federal Regulations (CFR) part 430, subpart B. Section 323(b)(3) of the Act requires that the estimated annual operating costs of a covered product be calculated from measurements of energy use in a representative average use cycle or period of use and from representative average unit costs of the energy needed to operate such product during such cycle. (42 U.S.C. 6293(b)(3)) The section further requires that DOE provide information to manufacturers regarding the representative average unit costs of energy. (42 U.S.C. 6293(b)(4)) This cost information should be used by manufacturers to meet their obligations under section 323(c) of the Act. Most notably, these costs are used to comply with Federal Trade Commission (FTC) SUMMARY: E:\FR\FM\14AUN1.SGM 14AUN1

Agencies

[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Notices]
[Pages 49642-49645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17872]


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DEPARTMENT OF EDUCATION


Statewide Family Engagement Centers Program

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final requirement.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) amends program 
requirement (a) in the Fiscal Year (FY) 2018 notice inviting 
applications (NIA) for the Statewide Family Engagement Centers (SFEC) 
program, Catalog of Federal Domestic Assistance (CFDA) number 84.310A. 
This final requirement provides current grantees the opportunity to 
request, on an annual basis, a reduction in their required 15 percent 
matching contribution in a project year due to economic circumstances 
related to the Novel Coronavirus Disease 2019 (COVID-19) pandemic.

[[Page 49643]]


DATES: August 14, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Beth Yeh, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E335, Washington, DC 20202. 
Telephone: (202) 205-5798. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:
    Purpose of Program: The purpose of the SFEC program, authorized 
under title IV, part E of the Elementary and Secondary Education Act of 
1965, as amended (ESEA), is to provide financial support to 
organizations that provide technical assistance and training to State 
educational agencies (SEAs) and local educational agencies (LEAs) in 
the implementation and enhancement of systemic and effective family 
engagement policies, programs, and activities that lead to improvements 
in student development and academic achievement.

    Program Authority: Sections 4501-4506 of the ESEA (20 U.S.C. 
7241-46).

    Background: Section 4502(c) of the ESEA requires grantees to obtain 
non-Federal matching contributions after the first year of the grant. 
In the NIA published in the Federal Register on June 28, 2018 (83 FR 
30430), we established the specific match percentage in program 
requirement (a) under section 437(d)(1) of the General Education 
Provisions Act (GEPA). Under that requirement, each grantee must secure 
a non-Federal matching contribution of a minimum of 15 percent of its 
SFEC grant award in each of years two through five of the grant, which 
may be in cash or in-kind. The Department understands that, due to the 
national emergency caused by COVID-19, it is now very difficult for 
grantees to meet their match requirements. Many nonprofit organizations 
have lost funding or have changed their priorities to focus on the 
COVID-19 emergency. This could cause difficulties in meeting match 
requirements particularly in year two of the grant, possibly in 
subsequent years.
    The Department is therefore providing flexibility for grantees to 
request, on an annual basis, a reduction of the matching requirement in 
a project year due to economic circumstances related to the COVID-19 
pandemic. Recognizing that, in securing matching contributions, 
grantees might continue to experience the economic effects of the 
pandemic after it has subsided, the Department will consider requests 
for up to one fiscal year following the fiscal year in which the 
national emergency declaration concerning the pandemic, issued on March 
13, 2020, under the National Emergencies Act, is lifted.
    Final Requirement: (a) Matching funds for grant renewal.
    Each grantee must contribute non-Federal matching funds or in-kind 
donations equal to at least 15 percent of its SFEC grant award in 
project years two through five.
    At its discretion, in response to a request from the grantee, the 
Department may reduce the percentage of the required non-Federal 
matching contribution for a grantee for the current project year (e.g., 
for project year two in FY 2020), if requested by the grantee due to 
circumstances related to the COVID-19 pandemic. Grantees interested in 
requesting a reduction of the 15 percent match must submit a written 
request to the Department.
    The request must be addressed to Beth Yeh at [email protected], 
identify the new match percentage proposed, and explain why the 
reduction is needed, including a discussion of how COVID-19 has 
affected the grantee's ability to meet the 15 percent match. In 
addition, the grantee must demonstrate that the change in match will 
not affect achievement of the scope and objectives in the approved 
grant application.

    Note:  All information in the NIA for this grant program remains 
the same, except for the flexibility to request a reduction in the 
15 percent matching program requirement.

Waiver of Notice and Comment Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the 
Department generally offers interested parties the opportunity to 
comment on proposed requirements. However, the APA provides that an 
agency is not required to conduct notice and comment rulemaking when 
the agency for good cause finds that notice and public comment thereon 
are impracticable, unnecessary, or contrary to the public interest. 5 
U.S.C. 553(b)(B). Here, there is good cause to waive notice and comment 
rulemaking, because going through the full rulemaking process would 
delay the Department's ability to provide relief to grantees requesting 
a reduction of their matching requirements in year two and subsequent 
years of the grant.
    The good cause exception is appropriate ``in emergency situations 
or where delay could result in serious harm.'' See Jifry v. FAA, 370 
F.3d 1174, 1179 (D.C. Cir. 2004) (internal citations omitted). ``The 
public interest prong of the good cause exception to the APA notice and 
comment requirement is met only in the rare circumstance when ordinary 
procedures--generally presumed to serve the public interest--would in 
fact harm that interest.'' Mack Trucks Inc. v. E.P.A., 682 F.3d 87, 95 
(D.C. Cir. 2012).
    The COVID-19 pandemic has escalated at a rapid pace and scale, 
resulting in extraordinary circumstances including widespread school 
closures and financial hardship in the nonprofit sector. Some grantees 
are having trouble meeting their matching requirements in year two due 
to financial difficulties of nonprofit organizations and reprogramming 
of nonprofit funds to focus on COVID-19. They may also have 
difficulties meeting their matching requirement in subsequent years. 
Due to the emergency nature of this situation, there is not time for 
notice and comment rulemaking. By allowing grantees to request a lower 
matching requirement, they will be able to continue to address the 
objectives in their grants, which are especially important during this 
difficult time for families, including financial hardship and virtual 
learning.
    The APA also generally requires that regulations be published at 
least 30 days before their effective date but excepts from that 
requirement rules that grant or recognize an exemption or relieve a 
restriction (5 U.S.C. 553(d)(1)). Because this requirement relieves 
restrictions on the required matching funds, this exception to the 
delayed effective date under the APA applies.

Executive Orders 12866, 13563, and 13771

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;

[[Page 49644]]

    (3) Materially alter the budgetary impacts of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not a significant regulatory action 
subject to review by OMB under section 3(f)(1) of Executive Order 
12866.
    Under Executive Order 13771, for each new regulation that the 
Department proposes for notice and comment or otherwise promulgates 
that is a significant regulatory action under Executive Order 12866 and 
that imposes total costs greater than zero, it must identify two 
deregulatory actions. For FY 2020, any new incremental costs associated 
with a significant regulatory action must be fully offset by the 
elimination of existing costs through deregulatory actions. Because the 
final regulatory action is not significant, the requirements of 
Executive Order 13771 do not apply. Pursuant to the Congressional 
Review Act (5 U.S.C. 801 et seq.), the Office of Information and 
Regulatory Affairs designated this rule as not a ``major rule,'' as 
defined by 5 U.S.C. 804(2).
    We have also reviewed this final 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 this final requirement only on a reasoned 
determination that its benefits justify its costs. In choosing among 
alternative regulatory approaches, we selected those approaches that 
maximize net benefits. Based on the analysis that follows, the 
Department believes that this final regulatory action is consistent 
with the principles in Executive Order 13563.
    We also have determined that this regulatory action does not unduly 
interfere with State, local, and Tribal governments in the exercise of 
their governmental functions.
    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.

Discussion of Costs, Benefits, and Need for Regulatory Action

    The Department recognizes that SFEC grantees provide resources to 
support and improve parent and family engagement in education, which 
now more than ever is of critical importance. We also understand that 
matching requirements serve the significant purpose of leveraging non-
Federal resources to increase the impact of Federal grantmaking. 
However, given the extraordinary economic circumstances surrounding the 
COVID-19 pandemic, the Department believes we must provide flexibility 
to SFEC grantees to request and implement a reduced matching 
contribution where needed. Absent this regulatory action, the 
Department would be obligated to take appropriate enforcement action 
against a grantee that fails to comply with the 15 percent matching 
requirement, which could include reducing the grantee's continuation 
award or terminating its grant. Such actions if taken would inflict 
greater harm on program beneficiaries than would adjustments to the 
provision of project services occasioned by a reduced matching 
contribution.
    Based on currently available information, the Department estimates 
that two of the 12 SFEC grantees will request a match reduction for the 
current fiscal year (project year two), to one percent.\1\ Using an 
average project year two continuation award of approximately $900,000, 
a reduction from 15 percent to one percent would mean that matching 
contributions would be reduced from $135,000 to $9,000, or by $126,000, 
per grantee, for a total reduction of $252,000 in FY 2020 if each 
request is approved. While this estimated reduction in matching 
contributions might be considered a cost attributable to this 
regulatory action, it is in any case minor relative to program funding 
(2.5 percent of $10 million in FY 2020). Moreover, we note that, 
consistent with the final requirement, no reduction to a matching 
contribution may result in a change to the scope and objectives of a 
grantee's project. Lastly, we believe any costs associated with this 
action are outweighed by the benefits to stakeholders discussed in the 
previous paragraph.
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    \1\ Given uncertainty in the persistence of widespread economic 
impacts of the COVID-19 pandemic in FY 2021 and (if applicable) 
future years, the Department does not believe it can estimate with 
confidence the number of SFEC grantees that will request a match 
reduction in those years nor the reduction amounts.
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Regulatory Flexibility Act Certification

    The Regulatory Flexibility Act does not apply to this rulemaking 
because there is good cause to waive notice and comment under 5 U.S.C. 
553.

Paperwork Reduction Act of 1995

    This final regulatory action does not create any new information 
collection requirements.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF, you must have Adobe Acrobat Reader, which is available free at 
the site.

[[Page 49645]]

    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.

Betsy DeVos,
Secretary of Education.
[FR Doc. 2020-17872 Filed 8-13-20; 8:45 am]
BILLING CODE 4000-01-P