Charter School Programs (CSP) State Charter School Facilities Incentive Grants Program, 3659-3661 [2022-01336]

Download as PDF Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations DEPARTMENT OF EDUCATION 34 CFR Part 226 [DOCKET ID ED–2021–OESE–0147] RIN 1810–AB62 Charter School Programs (CSP) State Charter School Facilities Incentive Grants Program Office of Elementary and Secondary Education, Department of Education. ACTION: Final rule. AGENCY: The Department of Education (Department) amends the regulations that govern the State Charter School Facilities Incentive Program to align the regulations with the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the Every Student Succeeds Act (ESSA), and the Tax Cut and Jobs Act of 2017. DATES: These regulations are effective January 25, 2022. FOR FURTHER INFORMATION CONTACT: Clifton Jones, U.S. Department of Education, 400 Maryland Avenue SW, Room 3E211, Washington, DC 20202. Telephone: (202)205–2204. Email: clifton.jones@ed.gov. If you use a telecommunications device for the deaf (TDD) or text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: The Department is making technical changes to its regulations in 34 CFR part 226, to align them with the ESEA, as amended by the ESSA. The ESSA, which was signed into law on December 10, 2015, reauthorized the ESEA, previously amended by the No Child Left Behind Act of 2001 (NCLB). We are also making changes to reflect the repeal of the Qualified Zone Academy Bonds (QZAB) under the Tax Cut and Jobs Act of 2017. These final regulations update ESEA citations, remove obsolete references, and make other technical changes in 34 CFR part 226, specifically §§ 226.4(a), 226.11(a), 226.12(d)(3) and (e), 226.13, and 226.14. This final rule is separate and apart from any notice of proposed priorities, requirements, selection criteria, or definitions that we may publish for the State Charter School Facilities Incentive Program. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: Part 226—State Charter School Facilities Incentive Program Statute: Section 4310 of the ESEA. Current Regulations: Section 226.4(a) specifies the definitions that apply to the State Charter School Facilities VerDate Sep<11>2014 15:49 Jan 24, 2022 Jkt 256001 Incentive program. Section 226.4(a) states that ‘‘charter school’’ is defined in section 5210 of the ESEA. New Regulations: In § 226.4(a) of these final regulations, we update the citation for the definition of ‘‘charter school’’ to section 4310 of the ESEA. Reasons: Amendments to the ESEA by the ESSA resulted in a change to the citation for the statute’s definition section. The definitions for the program are now in section 4310 of the ESEA, as amended by ESSA. Statute: Section 5202(e) of the ESEA. Current Regulations: Section 226.11(a) states that the Secretary evaluates applications, in part, on the basis of competitive preference priorities in § 226.13. Section 226.13 provides that the Secretary shall award additional points under the four statutory funding priorities in section 5202(e)(2) and (3)(A), (B), and (C) of the ESEA of. New Regulations: In § 226.11(a) of these final regulations, we remove the reference to § 226.13. Reasons: The ESSA amendments to the ESEA removed section 5202(e) from the statute. Statute: Section 4304 of the ESEA. Current Regulations: Section 226.12 establishes the selection criteria that the Secretary uses in evaluating applications for CSP State Charter Schools Facilities Incentive Grants. Under selection criterion (d)(3), the Secretary evaluates the extent to which the applicant’s non-Federal share exceeds the minimum percentages of the per-pupil facilities aid program in section 5205(b)(2)(C) of the ESEA. New Regulations: Section 226.12(d)(3) of these final regulations cites section 4304(k)(2)(C) of the ESEA, as amended by the ESSA, when referencing the extent to which the non-Federal share exceeds the minimum percentages of the per-pupil facilities aid program. Reasons: The current citation, section 5205(b)(2)(C), is from the ESEA, as amended by NCLB. In these final regulations, we update the citation in § 226.12(d)(3) to section 4304(k)(2)(C) to reference the ESEA, as amended by the ESSA. Statute: Section 13404 of the Tax Cuts and Jobs Act of 2017. Current Regulations: Section 226.12 establishes the selection criteria that the Secretary uses in evaluating applications for CSP State Charter Schools Facilities Incentive Grants. Under § 226.12(e), the Secretary evaluates the State’s experience in addressing the facility needs of charter schools. Specifically, § 226.12(e) references experience in using QZABs PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 3659 as an example of how the State could demonstrate experience addressing facility needs of charter schools. New Regulations: In § 226.12(e), we are removing reference to the use of QZABs as an example of how the State could demonstrate experience addressing the facility needs of charter schools. Reasons: The Tax Cuts and Jobs Act enacted in December 2017 repealed the States’ authority to issue tax credit bonds, such as QZABs, after December 31, 2017. Statute: Section 5202(e) of the ESEA. Current Regulations: Section 226.13 establishes statutory funding priorities that the Secretary may use in making awards. Specifically, it lists the priorities described in section 5202(e)(2) and (3)(A), (B), and (C) of the ESEA: (a) Periodic review and evaluation; (b) number of high-quality charter schools; (c) one authorized public chartering agency other than a local educational agency, or an appeals process; and (d) high degree of autonomy. New Regulations: We are removing § 226.13. Reasons: The ESSA amendments to the ESEA removed section 5202(e) from the statute. Statute: Title I, Section 1111 of the ESEA. Current Regulations: Section 226.14— titled ‘‘What other funding priorities may the Secretary use in making a grant award?’’—provides that the Secretary may award additional points under competitive preference priorities related to the capacity of charter schools to offer public school choice in those communities with the greatest need based on three factors. The three factors are: (1) The extent to which the applicant would target services to geographic areas in which a large proportion or number of public schools have been identified for improvement, corrective action, or restructuring under title I of the ESEA; (2) The extent to which the applicant would target services to geographic areas in which a large proportion of students perform poorly on State academic assessments; and (3) The extent to which the applicant would target services to communities with large proportions of low-income students. New Regulations: We are removing the word ‘‘other’’ from the section title. Additionally, we are revising the first factor, which is defined in § 226.14(a)(1), to refer to the extent to which the applicant targets services to geographic areas in which a large portion or number of public schools have been identified for comprehensive E:\FR\FM\25JAR1.SGM 25JAR1 3660 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations support and improvement or targeted support and improvement under Title I of the ESEA, as amended by the ESSA. Reasons: The ESSA amendments to the ESEA removed the statutory priorities established in section 5202(e), leaving one set of funding priorities; hence the word ‘‘other’’ in the section heading is not needed. The ESSA amendments to the ESEA also revised the categories of schools that States must identify under Title I, section 1111. States no longer identify schools for improvement, corrective action, or restructuring; instead, States identify schools for comprehensive support and improvement or targeted support and improvement. Waiver of Proposed 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 regulations. However, the APA provides that an agency is not required to conduct notice and comment rulemaking when the agency, for good cause, finds that the requirement is impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). There is good cause here for waiving rulemaking because these regulations make technical changes only to align with current law and do not establish substantive policy. The APA also generally requires that regulations be published at least 30 days before their effective date, unless the agency has good cause to implement its regulations sooner (5 U.S.C. 553(d)(3)). Again, because these final regulations are merely technical, there is good cause to make them effective on the day they are published. Executive Orders 12866 and 13563 khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 15:49 Jan 24, 2022 Jkt 256001 referred to as an ‘‘economically significant’’ rule); (2) Create serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles stated in the Executive order. This final regulatory action is not significant and, therefore, not subject to review by OMB under Executive Order 12866. We have also reviewed these regulations 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.’’ In choosing among alternative regulatory approaches, we selected PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 those approaches that maximize net benefits. Based on the analysis that follows, the Department believes that these regulations are consistent with the principles in Executive Order 13563. We also have determined that this regulatory action is not significant and would not unduly interfere with State, local, and Tribal governments in the exercise of their governmental functions. In accordance with both Executive orders, the Department has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action. Potential Costs and Benefits The Department believes that this final rule does not impose costs because it makes only technical changes that do not impose additional burden. Moreover, any costs associated with this rule are outweighed by the benefit of providing necessary clarification. Need for Regulatory Action The Secretary amends the State Charter School Facilities Incentive Grants program regulations to reflect changes made to the program statute by ESSA. These technical amendments are needed to provide clarity in program administration for prospective applicants and the public. Net Budget Impacts The Department estimates that these final regulations will add an additional cost of $0. 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 The final regulations do not create any new information collection requirements. Intergovernmental Review The State Charter School Facilities Incentive Grants Program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Accessible Format: On request to the program contact person listed under FOR FURTHER INFORMATION CONTACT, individuals with disabilities can obtain this document in an accessible format. The Department will provide the requestor with an accessible format that may include Rich Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, braille, large print, audiotape, or compact disc, or other accessible format. Electronic Access to This Document: The official version of this document is E:\FR\FM\25JAR1.SGM 25JAR1 Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or portable document format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. List of Subjects in 34 CFR Part 226 [FR Doc. 2022–01336 Filed 1–24–22; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 226 continues to read as follows: [Amended] 2. Section 226.4 is amended in paragraph (a) introductory text by removing ‘‘5210’’ and adding in its place ‘‘4310’’. ■ [Amended] 3. Section 226.11 is amended in paragraph (a) by removing ‘‘§ 226.13 and’’. ■ 4. Section 226.12 is amended: ■ a. In paragraph (d)(3), by removing ‘‘5205(b)(2)(C)’’ and adding, in its place, ‘‘4304(k)(2)(C)’’; and ■ b. By revising paragraph (e). The revision reads as follows: ■ § 226.12 What selection criteria does the Secretary use in evaluating an application for a State Charter School Facilities Incentive program grant? * * * * * (e) State experience. The experience of the State in addressing the facility needs of charter schools through various means, including providing per-pupil Jkt 256001 I. Background The Environmental Protection Agency (EPA) is approving changes to a State Implementation Plan (SIP) revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), in a letter dated July 2, 2020. Specifically, EPA is approving the removal of rules prohibiting tampering with motor vehicle air pollution control equipment and rules concerning visible emissions from motor vehicles. These rules were previously approved into the SIP even though they were not required by the Clean Air Act (CAA or Act) to be in the SIP. EPA is approving the removal of the tampering rules and visible emission rules from the federally approved SIP because removing the requirements is consistent with the CAA and applicable regulations. DATES: This rule is effective February 24, 2022. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2020–0362. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., Confidential Business Florida submitted a SIP revision, through a letter dated July 2, 2020, to update the State’s air quality rules, specifically, for the removal of Chapters 62–243 and 62–244 from the Florida SIP. The first rule relates to antitampering measures that restricted the removal or disabling of specific motor vehicle air pollution control devices and prohibited the sale, lease, or transfer of motor vehicles by licensed motor vehicle dealers. The second rule relates to the prohibition of operating either gasoline or diesel-powered vehicles on public roads that emit visible emissions for more than five continuous seconds. Chapters 62–243 and 62–244 implement certain ‘‘on-road’’ prohibitions of Florida Statutes (F.S.) Section 316.2935. The purpose of Chapter 62–243, Tampering with Motor Vehicles Air Pollution Control Equipment, is to prohibit licensed motor vehicle dealers from offering for sale, lease or transfer, vehicles that had the emission control components tampered with or removed. Chapter 62–244, Visible Emissions from Motor Vehicles, implements requirements relating to the operation of a motor vehicle on public roads in the state of Florida that emit visible emissions from the exhaust tailpipe for SUMMARY: Authority: 20 U.S.C. 1221e–3; 7221d(b), unless otherwise noted. Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. EPA requests that, if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9222. Ms. Kelly Sheckler can also be reached via electronic mail at sheckler.kelly@epa.gov. SUPPLEMENTARY INFORMATION: Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: ■ khammond on DSKJM1Z7X2PROD with RULES [Amended] 6. Section 226.14 is amended: A. In the section heading, by removing ‘‘other’’. ■ B. In paragraph (a)(1), by removing ‘‘improvement, corrective action, or restructuring under title I of the ESEA’’ and adding, in its place, ‘‘comprehensive support and improvement or targeted support and improvement under the ESEA’’. ■ ■ Air Plan Approval; FL; Removal of Motor Vehicle Rules PART 226—STATE CHARTER SCHOOL FACILITIES INCENTIVE PROGRAM 15:49 Jan 24, 2022 § 226.14 [EPA–R04–OAR–2020–0362; FRL–9238–02– R4] For the reasons discussed in the preamble, the Secretary amends part 226 of title 34 of the Code of Federal Regulations as follows: VerDate Sep<11>2014 [Removed and Reserved] 5. Section 226.13 is removed and reserved. ■ 40 CFR Part 52 Miguel A. Cardona, Secretary of Education. § 226.11 § 226.13 BILLING CODE 4000–01–P Education, Educational facilities, Grant programs—education, Reporting and recordkeeping requirements, Schools. § 226.4 aid and access to State loan or bonding pools. * * * * * 3661 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\25JAR1.SGM 25JAR1

Agencies

DEPARTMENT OF EDUCATION

[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3659-3661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01336]



[[Page 3659]]

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DEPARTMENT OF EDUCATION

34 CFR Part 226

[DOCKET ID ED-2021-OESE-0147]
RIN 1810-AB62


Charter School Programs (CSP) State Charter School Facilities 
Incentive Grants Program

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

ACTION: Final rule.

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SUMMARY: The Department of Education (Department) amends the 
regulations that govern the State Charter School Facilities Incentive 
Program to align the regulations with the Elementary and Secondary 
Education Act of 1965 (ESEA), as amended by the Every Student Succeeds 
Act (ESSA), and the Tax Cut and Jobs Act of 2017.

DATES: These regulations are effective January 25, 2022.

FOR FURTHER INFORMATION CONTACT: Clifton Jones, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3E211, Washington, DC 20202. 
Telephone: (202)205-2204. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: The Department is making technical changes 
to its regulations in 34 CFR part 226, to align them with the ESEA, as 
amended by the ESSA. The ESSA, which was signed into law on December 
10, 2015, reauthorized the ESEA, previously amended by the No Child 
Left Behind Act of 2001 (NCLB). We are also making changes to reflect 
the repeal of the Qualified Zone Academy Bonds (QZAB) under the Tax Cut 
and Jobs Act of 2017. These final regulations update ESEA citations, 
remove obsolete references, and make other technical changes in 34 CFR 
part 226, specifically Sec. Sec.  226.4(a), 226.11(a), 226.12(d)(3) and 
(e), 226.13, and 226.14.
    This final rule is separate and apart from any notice of proposed 
priorities, requirements, selection criteria, or definitions that we 
may publish for the State Charter School Facilities Incentive Program.

Part 226--State Charter School Facilities Incentive Program

    Statute: Section 4310 of the ESEA.
    Current Regulations: Section 226.4(a) specifies the definitions 
that apply to the State Charter School Facilities Incentive program. 
Section 226.4(a) states that ``charter school'' is defined in section 
5210 of the ESEA.
    New Regulations: In Sec.  226.4(a) of these final regulations, we 
update the citation for the definition of ``charter school'' to section 
4310 of the ESEA.
    Reasons: Amendments to the ESEA by the ESSA resulted in a change to 
the citation for the statute's definition section. The definitions for 
the program are now in section 4310 of the ESEA, as amended by ESSA.

    Statute: Section 5202(e) of the ESEA.
    Current Regulations: Section 226.11(a) states that the Secretary 
evaluates applications, in part, on the basis of competitive preference 
priorities in Sec.  226.13. Section 226.13 provides that the Secretary 
shall award additional points under the four statutory funding 
priorities in section 5202(e)(2) and (3)(A), (B), and (C) of the ESEA 
of.
    New Regulations: In Sec.  226.11(a) of these final regulations, we 
remove the reference to Sec.  226.13.
    Reasons: The ESSA amendments to the ESEA removed section 5202(e) 
from the statute.

    Statute: Section 4304 of the ESEA.
    Current Regulations: Section 226.12 establishes the selection 
criteria that the Secretary uses in evaluating applications for CSP 
State Charter Schools Facilities Incentive Grants. Under selection 
criterion (d)(3), the Secretary evaluates the extent to which the 
applicant's non-Federal share exceeds the minimum percentages of the 
per-pupil facilities aid program in section 5205(b)(2)(C) of the ESEA.
    New Regulations: Section 226.12(d)(3) of these final regulations 
cites section 4304(k)(2)(C) of the ESEA, as amended by the ESSA, when 
referencing the extent to which the non-Federal share exceeds the 
minimum percentages of the per-pupil facilities aid program.
    Reasons: The current citation, section 5205(b)(2)(C), is from the 
ESEA, as amended by NCLB. In these final regulations, we update the 
citation in Sec.  226.12(d)(3) to section 4304(k)(2)(C) to reference 
the ESEA, as amended by the ESSA.

    Statute: Section 13404 of the Tax Cuts and Jobs Act of 2017.
    Current Regulations: Section 226.12 establishes the selection 
criteria that the Secretary uses in evaluating applications for CSP 
State Charter Schools Facilities Incentive Grants. Under Sec.  
226.12(e), the Secretary evaluates the State's experience in addressing 
the facility needs of charter schools. Specifically, Sec.  226.12(e) 
references experience in using QZABs as an example of how the State 
could demonstrate experience addressing facility needs of charter 
schools.
    New Regulations: In Sec.  226.12(e), we are removing reference to 
the use of QZABs as an example of how the State could demonstrate 
experience addressing the facility needs of charter schools.
    Reasons: The Tax Cuts and Jobs Act enacted in December 2017 
repealed the States' authority to issue tax credit bonds, such as 
QZABs, after December 31, 2017.

    Statute: Section 5202(e) of the ESEA.
    Current Regulations: Section 226.13 establishes statutory funding 
priorities that the Secretary may use in making awards. Specifically, 
it lists the priorities described in section 5202(e)(2) and (3)(A), 
(B), and (C) of the ESEA: (a) Periodic review and evaluation; (b) 
number of high-quality charter schools; (c) one authorized public 
chartering agency other than a local educational agency, or an appeals 
process; and (d) high degree of autonomy.
    New Regulations: We are removing Sec.  226.13.
    Reasons: The ESSA amendments to the ESEA removed section 5202(e) 
from the statute.

    Statute: Title I, Section 1111 of the ESEA.
    Current Regulations: Section 226.14--titled ``What other funding 
priorities may the Secretary use in making a grant award?''--provides 
that the Secretary may award additional points under competitive 
preference priorities related to the capacity of charter schools to 
offer public school choice in those communities with the greatest need 
based on three factors. The three factors are: (1) The extent to which 
the applicant would target services to geographic areas in which a 
large proportion or number of public schools have been identified for 
improvement, corrective action, or restructuring under title I of the 
ESEA; (2) The extent to which the applicant would target services to 
geographic areas in which a large proportion of students perform poorly 
on State academic assessments; and (3) The extent to which the 
applicant would target services to communities with large proportions 
of low-income students.
    New Regulations: We are removing the word ``other'' from the 
section title. Additionally, we are revising the first factor, which is 
defined in Sec.  226.14(a)(1), to refer to the extent to which the 
applicant targets services to geographic areas in which a large portion 
or number of public schools have been identified for comprehensive

[[Page 3660]]

support and improvement or targeted support and improvement under Title 
I of the ESEA, as amended by the ESSA.
    Reasons: The ESSA amendments to the ESEA removed the statutory 
priorities established in section 5202(e), leaving one set of funding 
priorities; hence the word ``other'' in the section heading is not 
needed. The ESSA amendments to the ESEA also revised the categories of 
schools that States must identify under Title I, section 1111. States 
no longer identify schools for improvement, corrective action, or 
restructuring; instead, States identify schools for comprehensive 
support and improvement or targeted support and improvement.

Waiver of Proposed 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 regulations. However, the APA provides that an 
agency is not required to conduct notice and comment rulemaking when 
the agency, for good cause, finds that the requirement is 
impracticable, unnecessary, or contrary to the public interest. 5 
U.S.C. 553(b)(B). There is good cause here for waiving rulemaking 
because these regulations make technical changes only to align with 
current law and do not establish substantive policy.
    The APA also generally requires that regulations be published at 
least 30 days before their effective date, unless the agency has good 
cause to implement its regulations sooner (5 U.S.C. 553(d)(3)). Again, 
because these final regulations are merely technical, there is good 
cause to make them effective on the day they are published.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, it must be determined whether this 
regulatory action is ``significant'' and, therefore, subject to the 
requirements of the Executive order and subject to review by the Office 
of Management and Budget (OMB). Section 3(f) of Executive Order 12866 
defines a ``significant regulatory action'' as an action likely to 
result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
Tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This final regulatory action is not significant and, therefore, not 
subject to review by OMB under Executive Order 12866.
    We have also reviewed these regulations 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.''
    In choosing among alternative regulatory approaches, we selected 
those approaches that maximize net benefits. Based on the analysis that 
follows, the Department believes that these regulations are consistent 
with the principles in Executive Order 13563.
    We also have determined that this regulatory action is not 
significant and would not unduly interfere with State, local, and 
Tribal governments in the exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action.

Potential Costs and Benefits

    The Department believes that this final rule does not impose costs 
because it makes only technical changes that do not impose additional 
burden. Moreover, any costs associated with this rule are outweighed by 
the benefit of providing necessary clarification.

Need for Regulatory Action

    The Secretary amends the State Charter School Facilities Incentive 
Grants program regulations to reflect changes made to the program 
statute by ESSA. These technical amendments are needed to provide 
clarity in program administration for prospective applicants and the 
public.

Net Budget Impacts

    The Department estimates that these final regulations will add an 
additional cost of $0.

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

    The final regulations do not create any new information collection 
requirements.

Intergovernmental Review

    The State Charter School Facilities Incentive Grants Program is 
subject to Executive Order 12372 and the regulations in 34 CFR part 79.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is

[[Page 3661]]

the document published in the Federal Register. You may access the 
official edition of the Federal Register and the Code of Federal 
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in the Federal Register, in text or portable document format (PDF). To 
use PDF, you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
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by the Department.

List of Subjects in 34 CFR Part 226

    Education, Educational facilities, Grant programs--education, 
Reporting and recordkeeping requirements, Schools.

Miguel A. Cardona,
Secretary of Education.

    For the reasons discussed in the preamble, the Secretary amends 
part 226 of title 34 of the Code of Federal Regulations as follows:

PART 226--STATE CHARTER SCHOOL FACILITIES INCENTIVE PROGRAM

0
1. The authority citation for part 226 continues to read as follows:

    Authority: 20 U.S.C. 1221e-3; 7221d(b), unless otherwise noted.


Sec.  226.4   [Amended]

0
2. Section 226.4 is amended in paragraph (a) introductory text by 
removing ``5210'' and adding in its place ``4310''.


Sec.  226.11  [Amended]

0
3. Section 226.11 is amended in paragraph (a) by removing ``Sec.  
226.13 and''.

0
4. Section 226.12 is amended:
0
a. In paragraph (d)(3), by removing ``5205(b)(2)(C)'' and adding, in 
its place, ``4304(k)(2)(C)''; and
0
b. By revising paragraph (e).
    The revision reads as follows:


Sec.  226.12  What selection criteria does the Secretary use in 
evaluating an application for a State Charter School Facilities 
Incentive program grant?

* * * * *
    (e) State experience. The experience of the State in addressing the 
facility needs of charter schools through various means, including 
providing per-pupil aid and access to State loan or bonding pools.
* * * * *


Sec.  226.13  [Removed and Reserved]

0
5. Section 226.13 is removed and reserved.


Sec.  226.14  [Amended]

0
6. Section 226.14 is amended:
0
A. In the section heading, by removing ``other''.
0
B. In paragraph (a)(1), by removing ``improvement, corrective action, 
or restructuring under title I of the ESEA'' and adding, in its place, 
``comprehensive support and improvement or targeted support and 
improvement under the ESEA''.

[FR Doc. 2022-01336 Filed 1-24-22; 8:45 am]
BILLING CODE 4000-01-P

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