Allotment Formula for Clean Water Act (CWA) Section 106 Funds; Amendment, 17-18 [05-24688]
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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
Federal Register with an invitation to
comment. No comments were received.
This rule relates to individuals rather
than small business entities.
Nevertheless, pursuant to the
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, this
rule will not have a significant
economic impact on a substantial
number of small entities.
List of Subjects in 28 CFR Part 16
Administrative Practices and
Procedures, Courts, Freedom of
Information, Sunshine Act and Privacy.
■ Pursuant to the authority vested in the
Attorney General by 5 U.S.C. 552a and
delegated to me by Attorney General
Order No. 793–78, 28 CFR part 16 is
amended as follows:
PART 16—PRODUCTION OR
DISCLOSURE OF MATERIAL OR
INFORMATION
1. The authority for part 16 continues
to read as follows:
■
Authority: 5 U.S.C. 301, 552, 552a, 552b(g),
and 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509,
510, 534; 31 U.S.C. 3717, 9701.
§ 16.76 Exemption of Justice Management
Division.
2. Section 16.76 is amended by adding
paragraphs (c) and (d) to read as follows:
*
*
*
*
*
(c) The following system of records is
exempted from 5 U.S.C. 552a(c)(3) and
(4); (d)(1), (2), (3), and (4); (e)(1), (2), (3),
(5), and (8); and (g): Federal Bureau of
Investigation Whistleblower Case Files
(Justice/JMD–023). These exemptions
apply only to the extent that
information in a record contained
within this system is subject to
exemptions pursuant to 5 U.S.C.
552a(j)(2) and (k).
(d) Exemption from the particular
subsections is justified for the following
reasons:
(1) Subsection (c)(3). To provide the
subject with an accounting of
disclosures of records in this system
could inform that individual of the
existence, nature, or scope of an actual
or potential law enforcement or
counterintelligence investigation, and
thereby seriously impede law
enforcement or counterintelligence
efforts by permitting the record subject
and other persons to whom he might
disclose the records to avoid criminal
penalties, civil remedies, or
counterintelligence measures.
(2) Subsection (c)(4). This subsection
is inapplicable to the extent that an
exemption is being claimed for
subsection (d).
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■
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(3) Subsection (d)(1). Information
within this record system could relate to
official federal investigations and
matters of law enforcement. Individual
access to these records could
compromise ongoing investigations,
reveal confidential informants and/or
sensitive investigative techniques used
in particular investigations, or
constitute unwarranted invasions of the
personal privacy of third parties who
are involved in a certain investigation.
Disclosure may also reveal information
relating to actual or potential law
enforcement investigations. Disclosure
of classified national security
information would cause damage to the
national security of the United States.
(4) Subsection (d)(2). Amendment of
these records could interfere with
ongoing criminal or civil law
enforcement proceedings and impose an
impossible administrative burden by
requiring investigations to be
continuously reinvestigated.
(5) Subsections (d)(3) and (4). These
subsections are inapplicable to the
extent exemption is claimed from (d)(1)
and (2).
(6) Subsection (e)(1). It is often
impossible to determine in advance if
investigatory information contained in
this system is accurate, relevant, timely
and complete, but, in the interests of
effective law enforcement and
counterintelligence, it is necessary to
retain this information to aid in
establishing patterns of activity and
provide investigative leads.
(7) Subsection (e)(2). To collect
information from the subject individual
could serve to notify the subject
individual that he or she is the subject
of a criminal investigation and thereby
present a serious impediment to such
investigations.
(8) Subsection (e)(3). To inform
individuals as required by this
subsection could reveal the existence of
a criminal investigation and
compromise investigative efforts.
(9) Subsection (e)(5). It is often
impossible to determine in advance if
investigatory information contained in
this system is accurate, relevant, timely
and complete, but, in the interests of
effective law enforcement and
counterintelligence, it is necessary to
retain this information to aid in
establishing patterns of activity and
provide investigative leads.
(10) Subsection (e)(8). To serve notice
could give persons sufficient warning to
evade investigative efforts.
(11) Subsection (g). This subsection is
inapplicable to the extent that the
system is exempt from other specific
subsections of the Privacy Act.
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17
Dated: December 21, 2005.
Paul R. Corts,
Assistant Attorney General for
Administration.
[FR Doc. 05–24686 Filed 12–30–05; 8:45 am]
BILLING CODE 4410–PB–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 35
[EPA–HQ–OW–2005–0038; FRL–8017–9]
Allotment Formula for Clean Water Act
(CWA) Section 106 Funds; Amendment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This amendment to 40 CFR
35.162 will address a situation which
occurred in EPA’s FY 2006 CWA
Section 106 appropriation process. The
President’s FY 2006 budget specifically
requested an increase in Section 106
funding for enhanced monitoring
activities, particularly for statisticallyvalid assessments of water quality
nationwide and for strengthening State
and interstate monitoring programs.
This action announces EPA’s
amendment of its CWA allocation
regulation to provide the Agency with
the flexibility to allot separately these
funds that have been appropriated by
Congress for Section 106 grants and
targeted for monitoring. The amendment
applies only to those portions of Section
106 funds which have been targeted in
EPA’s appropriations process for
specific water pollution control
elements.
DATES: This final rule is effective on
January 3, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. OW–2005–0038. All documents in
the docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is publicly available only in hard copy.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Water Docket, EPA/DC, EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
E:\FR\FM\03JAR1.SGM
03JAR1
18
Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
number for the Water Docket is (202)
566–2426.
FOR FURTHER INFORMATION CONTACT:
Lena Ferris, Office of Water, Office of
Wastewater Management, 4201M,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone
number: (202) 564–8831; fax number:
(202) 501–2399; email address:
ferris.lena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
Regulated Entities: States and
interstate agencies that are eligible to
receive grants under Section 106 of the
CWA.
rmajette on DSK29S0YB1PROD with RULES6
II. Background
Section 106 of the CWA authorizes
the EPA to provide grants to States and
interstate agencies to administer
programs for the prevention, reduction,
and elimination of water pollution,
including the development and
implementation of ground-water
protection strategies. Section 106(b) of
the CWA directs the EPA Administrator
to make allotments for grants from sums
appropriated by Congress in each fiscal
year ‘‘in accordance with regulations
promulgated by him on the basis of the
extent of the pollution problem in the
respective States’’. EPA developed and
promulgated 40 CFR 35.160–35.168 for
allocating funds to the States and
eligible interstate agencies.
The amendment to 40 CFR 35.162
will address a situation like that which
occurred in EPA’s FY 2006 Section 106
appropriation process. The President’s
FY 2006 budget specifically requested
an increase in Section 106 funding for
enhanced monitoring activities,
particularly for statistically-valid
assessments of water quality nationwide
and strengthening State and interstate
monitoring programs. The 2006
Conference Report, which accompanied
EPA’s 2006 appropriation act, indicated
that a total of $18.5 million should be
targeted to support enhanced
monitoring efforts. EPA determined that
if this amount were included in the
general State and interstate allotment
formulae, only a small number of States
and interstates would actually receive
an increase for this purpose while the
majority of States would not receive a
sufficient increase to strengthen their
water quality monitoring activities
through implementation of their
monitoring strategies. As a result, EPA
is amending 40 CFR 35.162 to provide
the Agency with the authority to allot
separately those CWA Section 106 funds
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10:44 Nov 10, 2010
Jkt 223001
which are targeted to specific water
pollution control elements, as
determined by EPA based on a review
of the President’s budget, Conference
Reports, and/or appropriation acts. In
developing this allotment formula, EPA
will consult with the States and
interstate agencies in determining the
most appropriate mechanism to
implement the alternative allocation
formula, based on the extent of
pollution. EPA intends to exercise its
discretion and use this alternate
allotment formula only in situations
where the appropriations process has
indicated that funds should be used for
a specific purpose. The remaining
Section 106 funds will continue to be
allotted in accordance with applicable
allotment formulae used by the Agency.
III. Additional Supplementary
Information
This action announces EPA’s
amendment of 40 CFR 35.162 by adding
section (d).
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is therefore not subject to OMB review.
Because this grant action is not subject
to notice and comment requirements
under the Administrative Procedures
Act or any other statute, it is not subject
to the Regulatory Flexibility Act (5
U.S.C. 601 et. seq.) or sections 202 and
205 of the Unfunded Mandates Reform
Act of 1999 (UMRA) (Pub. L. 104–4). In
addition, this action does not
significantly or uniquely affect small
governments. This action does not have
Tribal implications, as specified in
Executive Order 13175 (63 FR 67249,
November 9, 2000). This action will not
have federalism implications, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action
is not subject to Executive Order 13211,
‘‘Actions Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866. This action does not involve
technical standards; thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This action does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The Congressional
Review Act, 5 U.S.C. 801 et seq.,
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
generally provides that before certain
actions may take affect, the agency
promulgating the action must submit a
report, which includes a copy of the
action, to each House of the Congress
and to the Comptroller General of the
United States. Since this final grant
action contains legally binding
requirements, it is subject to the
Congressional Review Act, and EPA will
submit this action in its report to
Congress under the Act.
List of Subjects in 40 CFR Part 35
Environmental protection, Grant
programs-environmental protection,
Water pollution control.
Dated: December 23, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
For the reasons stated in the preamble,
title 40, chapter 1 of the Code of Federal
Regulations is amended as follows:
■
PART 35—[AMENDED]
1. The authority for citation for Part
35, Subpart A continues to read as
follows:
■
Authority: 42 U.S.C. 7401 et seq; 33 U.S.C.
1251 et seq; 42 U.S.C. 300f et seq; 42 U.S.C.
6901 et seq; 7 U.S.C. 136 et seq; 15 U.S.C.
2601 et seq; 42 U.S.C. 13101 et seq; Pub. L
104–134, 110 Stat. 1321, 1321–299 (1966);
Pub.L. 105–65, 111 Stat. 1344, 1373 (1997).
Subpart A—[Amended]
2. Section 35.162 is amended by
adding paragraph (d) to read as follows:
■
§ 35.162
*
*
Basis for allotment.
*
*
*
(d) Alternative allotment formula.
Notwithstanding paragraphs (b) and (c)
of this section, if the Administrator
determines that a portion of the funds
appropriated under the Water Pollution
Control grant program should be
allotted for specific water pollution
control elements, the Administrator may
allot those funds to States and interstate
agencies in accordance with a formula
determined by him after consultation
with the respective States and interstate
agencies. The Administrator will make
this determination under this paragraph
only if EPA’s appropriation process
indicates that these funds should be
used for this purpose.
[FR Doc. 05–24688 Filed 12–30–05; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 17-18]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24688]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 35
[EPA-HQ-OW-2005-0038; FRL-8017-9]
Allotment Formula for Clean Water Act (CWA) Section 106 Funds;
Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment to 40 CFR 35.162 will address a situation which
occurred in EPA's FY 2006 CWA Section 106 appropriation process. The
President's FY 2006 budget specifically requested an increase in
Section 106 funding for enhanced monitoring activities, particularly
for statistically-valid assessments of water quality nationwide and for
strengthening State and interstate monitoring programs. This action
announces EPA's amendment of its CWA allocation regulation to provide
the Agency with the flexibility to allot separately these funds that
have been appropriated by Congress for Section 106 grants and targeted
for monitoring. The amendment applies only to those portions of Section
106 funds which have been targeted in EPA's appropriations process for
specific water pollution control elements.
DATES: This final rule is effective on January 3, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. OW-2005-0038. All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is publicly available only in hard copy.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the Water Docket, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone
[[Page 18]]
number for the Water Docket is (202) 566-2426.
FOR FURTHER INFORMATION CONTACT: Lena Ferris, Office of Water, Office
of Wastewater Management, 4201M, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-8831; fax number: (202) 501-2399; email address:
ferris.lena@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
Regulated Entities: States and interstate agencies that are
eligible to receive grants under Section 106 of the CWA.
II. Background
Section 106 of the CWA authorizes the EPA to provide grants to
States and interstate agencies to administer programs for the
prevention, reduction, and elimination of water pollution, including
the development and implementation of ground-water protection
strategies. Section 106(b) of the CWA directs the EPA Administrator to
make allotments for grants from sums appropriated by Congress in each
fiscal year ``in accordance with regulations promulgated by him on the
basis of the extent of the pollution problem in the respective
States''. EPA developed and promulgated 40 CFR 35.160-35.168 for
allocating funds to the States and eligible interstate agencies.
The amendment to 40 CFR 35.162 will address a situation like that
which occurred in EPA's FY 2006 Section 106 appropriation process. The
President's FY 2006 budget specifically requested an increase in
Section 106 funding for enhanced monitoring activities, particularly
for statistically-valid assessments of water quality nationwide and
strengthening State and interstate monitoring programs. The 2006
Conference Report, which accompanied EPA's 2006 appropriation act,
indicated that a total of $18.5 million should be targeted to support
enhanced monitoring efforts. EPA determined that if this amount were
included in the general State and interstate allotment formulae, only a
small number of States and interstates would actually receive an
increase for this purpose while the majority of States would not
receive a sufficient increase to strengthen their water quality
monitoring activities through implementation of their monitoring
strategies. As a result, EPA is amending 40 CFR 35.162 to provide the
Agency with the authority to allot separately those CWA Section 106
funds which are targeted to specific water pollution control elements,
as determined by EPA based on a review of the President's budget,
Conference Reports, and/or appropriation acts. In developing this
allotment formula, EPA will consult with the States and interstate
agencies in determining the most appropriate mechanism to implement the
alternative allocation formula, based on the extent of pollution. EPA
intends to exercise its discretion and use this alternate allotment
formula only in situations where the appropriations process has
indicated that funds should be used for a specific purpose. The
remaining Section 106 funds will continue to be allotted in accordance
with applicable allotment formulae used by the Agency.
III. Additional Supplementary Information
This action announces EPA's amendment of 40 CFR 35.162 by adding
section (d).
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to OMB review. Because this grant action is not subject to
notice and comment requirements under the Administrative Procedures Act
or any other statute, it is not subject to the Regulatory Flexibility
Act (5 U.S.C. 601 et. seq.) or sections 202 and 205 of the Unfunded
Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this
action does not significantly or uniquely affect small governments.
This action does not have Tribal implications, as specified in
Executive Order 13175 (63 FR 67249, November 9, 2000). This action will
not have federalism implications, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action is not subject to Executive
Order 13211, ``Actions Concerning Regulations that Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001),
because it is not a significant regulatory action under Executive Order
12866. This action does not involve technical standards; thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This action
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The
Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that
before certain actions may take affect, the agency promulgating the
action must submit a report, which includes a copy of the action, to
each House of the Congress and to the Comptroller General of the United
States. Since this final grant action contains legally binding
requirements, it is subject to the Congressional Review Act, and EPA
will submit this action in its report to Congress under the Act.
List of Subjects in 40 CFR Part 35
Environmental protection, Grant programs-environmental protection,
Water pollution control.
Dated: December 23, 2005.
Benjamin H. Grumbles,
Assistant Administrator, Office of Water.
0
For the reasons stated in the preamble, title 40, chapter 1 of the Code
of Federal Regulations is amended as follows:
PART 35--[AMENDED]
0
1. The authority for citation for Part 35, Subpart A continues to read
as follows:
Authority: 42 U.S.C. 7401 et seq; 33 U.S.C. 1251 et seq; 42
U.S.C. 300f et seq; 42 U.S.C. 6901 et seq; 7 U.S.C. 136 et seq; 15
U.S.C. 2601 et seq; 42 U.S.C. 13101 et seq; Pub. L 104-134, 110
Stat. 1321, 1321-299 (1966); Pub.L. 105-65, 111 Stat. 1344, 1373
(1997).
Subpart A--[Amended]
0
2. Section 35.162 is amended by adding paragraph (d) to read as
follows:
Sec. 35.162 Basis for allotment.
* * * * *
(d) Alternative allotment formula. Notwithstanding paragraphs (b)
and (c) of this section, if the Administrator determines that a portion
of the funds appropriated under the Water Pollution Control grant
program should be allotted for specific water pollution control
elements, the Administrator may allot those funds to States and
interstate agencies in accordance with a formula determined by him
after consultation with the respective States and interstate agencies.
The Administrator will make this determination under this paragraph
only if EPA's appropriation process indicates that these funds should
be used for this purpose.
[FR Doc. 05-24688 Filed 12-30-05; 8:45 am]
BILLING CODE 6560-50-P
