Impact Aid Programs, 23712-23713 [2011-10239]
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Federal Register / Vol. 76, No. 82 / Thursday, April 28, 2011 / Rules and Regulations
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
erowe on DSK5CLS3C1PROD with RULES
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves removing 33 CFR 165.1304 and
165.1306 as these safety zones are
already codified under 33 CFR
165.1332. Under figure 2–1, paragraph
(34)(g), of the Instruction, an
environmental analysis checklist and a
categorical exclusion determination are
not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
VerDate Mar<15>2010
15:21 Apr 27, 2011
Jkt 223001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165, as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
■
■
2. Remove § 165.1304.
3. Remove § 165.1306.
Dated: April 7, 2011.
S.J. Ferguson,
Captain, U. S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2011–10248 Filed 4–27–11; 8:45 am]
BILLING CODE 9110–04–P
Individuals with disabilities can
obtain this document in an accessible
format (e.g., braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
On August
13, 2010, the Secretary published a
notice of proposed rulemaking (NPRM)
for the Impact Aid Discretionary
Construction program in the Federal
Register (75 FR 49432). That notice
contained background information and
our reasons for proposing the particular
changes to the regulations, which were
proposed to limit Impact Aid
Discretionary Construction program
applicants to one application per year
and one school per application.
There are no differences between the
NPRM and these final regulations.
SUPPLEMENTARY INFORMATION:
Analysis of Comments
DEPARTMENT OF EDUCATION
34 CFR Part 222
RIN 1810–AA94
Impact Aid Programs
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final regulations.
AGENCY:
The Secretary of Education
amends the regulations governing the
Impact Aid Discretionary Construction
program, authorized under section
8007(b) of the Elementary and
Secondary Education Act of 1965, as
amended. This program provides
competitive grants for emergency
repairs and modernization of school
facilities to certain eligible local
educational agencies (LEAs) that receive
Impact Aid formula funds. These final
regulations amend a requirement for
applying for these Impact Aid funds and
will improve the administration and
distribution of funds under this
program. These final regulations apply
to grant competitions in fiscal year (FY)
2012 and later years.
DATES: These regulations are effective
May 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Kristen Walls-Rivas, Impact Aid
Program, U.S. Department of Education,
400 Maryland Avenue, SW.,
Washington, DC 20202. Telephone:
(202) 260–1357 or via e-mail:
Kristen.Walls-Rivas@ed.gov.
If you use a telecommunications
device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339.
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
In response to our invitation in the
NPRM, three parties submitted
comments, one of which was related to
the proposed regulations and the rest of
which were outside the scope of the
proposed regulations. An analysis of the
comments since publication of the
NPRM follows. Generally, we do not
address technical and other minor
changes, or suggested changes the law
does not authorize the Secretary to
make.
Comment: One commenter suggested
that instead of limiting each applicant to
one application addressing one
construction project, each applicant’s
total receivable funds should be limited
to a percentage of the total amount
available for new awards, and
applicants should continue to be
allowed to submit multiple applications
for multiple projects.
Discussion: The program statute,
which limits the amount of funds
provided under emergency or
modernization grants at $4 million per
LEA over 4 years (or no limit for LEAs
with no practical capacity to issue
bonds), precludes the Department from
specifying a maximum award amount
per LEA based on other criteria, such as
a percentage of the total amount of
funding available. Because the total
award amount varies from year to year,
assigning a fixed percentage cap could
have the effect of limiting some
grantees’ awards to levels less than the
limit prescribed by the statute. The
Department believes that these final
regulations are the most effective course
of action for ensuring that more
applicants have the opportunity to
receive grants to meet urgent emergency
E:\FR\FM\28APR1.SGM
28APR1
Federal Register / Vol. 76, No. 82 / Thursday, April 28, 2011 / Rules and Regulations
and modernization needs in their school
facilities.
Changes: None.
Comment: None.
Discussion: Section 222.183 includes
several examples immediately following
paragraph (a) which, as a result of the
substantive change proposed in the
NPRM and made final in this document,
are no longer necessary. Although we
intended for the amendatory language in
the NPRM to remove these examples, it
is possible that our intent was not clear.
Therefore, we are adding specific
instructions in the amendatory language
to remove these examples from the
regulatory text. We are making this
change for clarification purposes only.
Change: We have added specific
instructions to the amendatory language
to make clear that we are removing the
examples immediately following
paragraph (a) in § 222.183.
Executive Order 12866
We have reviewed these final
regulations in accordance with
Executive Order 12866. Under the terms
of the order, we have assessed the
potential costs and benefits of this final
regulatory action.
We have determined that this final
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
Summary of Potential Costs and
Benefits
These final regulations are likely to
benefit both small and large entities in
that they will provide more equitable
opportunities for funding of school
construction needs.
These final regulations impose no
additional administrative or paperwork
burden requirements on applicants and
no additional requirements with which
grant recipients must comply.
The Department incurs no or minimal
additional costs to implement these
final regulations. In assessing the
potential costs and benefits—both
quantitative and qualitative—of this
final regulatory action, we have
determined that the benefits of the final
regulations justify the costs.
partnership and a strengthened
federalism by relying on processes
developed by State and local
governments for coordination and
review of proposed Federal financial
assistance.
In accordance with the order, we
intend this document to provide early
notification of our specific plans and
actions for this program.
Assessment of Educational Impact
Based on the response to the NPRM
and our review, we have determined
that these final regulations do not
require transmission of information that
any other agency or authority of the
United States gathers or makes
available.
Electronic Access to This Document:
You can view this document, as well as
all other Department of Education
documents published in the Federal
Register, in text or Adobe Portable
Document Format (PDF) on the Internet
at the following site: https://www.ed.gov/
news/fedregister. To use PDF you must
have Adobe Acrobat Reader, which is
available free at this site.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available via the
Federal Digital System at: https://
www.gpo.gov/fdsys.
Catalog of Federal Domestic Assistance
Number 84.041 Impact Aid Discretionary
Construction Program.
List of Subjects in 34 CFR Part 222
Education, Grant programs—
education, Application procedures,
Construction programs.
Dated: April 22, 2011.
´
Thelma Melendez de Santa Ana,
Assistant Secretary for Elementary and
Secondary Education.
For the reasons discussed in the
preamble, the Secretary amends chapter
II of title 34 of the Code of Federal
Regulations as follows:
PART 222—IMPACT AID PROGRAMS
1. The authority citation for part 222
continues to read as follows:
■
Paperwork Reduction Act of 1995
erowe on DSK5CLS3C1PROD with RULES
These final regulations do not contain
any information collection
requirements.
Authority: 20 U.S.C. 7701–7714, unless
otherwise noted.
Intergovernmental Review
■
This program is subject to the
requirements of Executive Order 12372
and the regulations in 34 CFR Part 79.
The objective of the Executive order is
to foster an intergovernmental
VerDate Mar<15>2010
15:21 Apr 27, 2011
Jkt 223001
2. Section 222.183 is amended by:
a. Revising paragraph (a) as set forth
below; and
■ b. Removing Examples 1, 2, and 3
following paragraph (a).
The revision reads as follows:
■
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
§ 222.183
grant?
23713
How does an LEA apply for a
(a) To apply for funds under this
program, an LEA may submit only one
application for one educational facility
for each competition.
*
*
*
*
*
[FR Doc. 2011–10239 Filed 4–27–11; 8:45 am]
BILLING CODE 4000–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[PS Docket No. 07–114; FCC 10–176]
Wireless E911 Location Accuracy
Requirements
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
contained in regulations concerning
wireless E911 location accuracy
requirements. The information
collection requirements were approved
on March 30, 2011 by OMB.
DATES: The amendments to 47 CFR
20.18(h)(1)(vi), (h)(2)(iii), and (h)(3)
published at 75 FR 70604, November 18,
2010, are effective on April 28, 2011.
FOR FURTHER INFORMATION CONTACT: For
additional information, please contact
Patrick.Donovan@fcc.gov or on (202)
418–2413.
SUPPLEMENTARY INFORMATION: On
November 18, 2010 at 75 FR 70604, the
Commission published in the Federal
Register the summary of the Second
Report and Order (2nd R&O) in PS
Docket No. 07–114; FCC 10–176. In the
2nd R&O, Commission amended 47 CFR
20.18(h) to require wireless licensees
subject to standards for wireless
Enhanced 911 (E911) Phase II location
accuracy and reliability to satisfy these
standards at either a county-based or
Public Safety Answering Point (PSAP)based geographic level. The
Commission took this step to ensure an
appropriate and consistent compliance
methodology with respect to location
accuracy standards. In the notice at 75
FR 70604, the Commission announced
that the amended rule is effective
January 18, 2011, except for
§§ 20.18(h)(1)(vi), 20.18(h)(2)(iii), and
20.18(h)(3), which contain information
collection requirements that have not
been approved by OMB. The
SUMMARY:
E:\FR\FM\28APR1.SGM
28APR1
]]>Agencies
[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Rules and Regulations]
[Pages 23712-23713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10239]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 222
RIN 1810-AA94
Impact Aid Programs
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Education amends the regulations governing
the Impact Aid Discretionary Construction program, authorized under
section 8007(b) of the Elementary and Secondary Education Act of 1965,
as amended. This program provides competitive grants for emergency
repairs and modernization of school facilities to certain eligible
local educational agencies (LEAs) that receive Impact Aid formula
funds. These final regulations amend a requirement for applying for
these Impact Aid funds and will improve the administration and
distribution of funds under this program. These final regulations apply
to grant competitions in fiscal year (FY) 2012 and later years.
DATES: These regulations are effective May 31, 2011.
FOR FURTHER INFORMATION CONTACT: Kristen Walls-Rivas, Impact Aid
Program, U.S. Department of Education, 400 Maryland Avenue, SW.,
Washington, DC 20202. Telephone: (202) 260-1357 or via e-mail:
Kristen.Walls-Rivas@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
Individuals with disabilities can obtain this document in an
accessible format (e.g., braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION: On August 13, 2010, the Secretary published
a notice of proposed rulemaking (NPRM) for the Impact Aid Discretionary
Construction program in the Federal Register (75 FR 49432). That notice
contained background information and our reasons for proposing the
particular changes to the regulations, which were proposed to limit
Impact Aid Discretionary Construction program applicants to one
application per year and one school per application.
There are no differences between the NPRM and these final
regulations.
Analysis of Comments
In response to our invitation in the NPRM, three parties submitted
comments, one of which was related to the proposed regulations and the
rest of which were outside the scope of the proposed regulations. An
analysis of the comments since publication of the NPRM follows.
Generally, we do not address technical and other minor changes, or
suggested changes the law does not authorize the Secretary to make.
Comment: One commenter suggested that instead of limiting each
applicant to one application addressing one construction project, each
applicant's total receivable funds should be limited to a percentage of
the total amount available for new awards, and applicants should
continue to be allowed to submit multiple applications for multiple
projects.
Discussion: The program statute, which limits the amount of funds
provided under emergency or modernization grants at $4 million per LEA
over 4 years (or no limit for LEAs with no practical capacity to issue
bonds), precludes the Department from specifying a maximum award amount
per LEA based on other criteria, such as a percentage of the total
amount of funding available. Because the total award amount varies from
year to year, assigning a fixed percentage cap could have the effect of
limiting some grantees' awards to levels less than the limit prescribed
by the statute. The Department believes that these final regulations
are the most effective course of action for ensuring that more
applicants have the opportunity to receive grants to meet urgent
emergency
[[Page 23713]]
and modernization needs in their school facilities.
Changes: None.
Comment: None.
Discussion: Section 222.183 includes several examples immediately
following paragraph (a) which, as a result of the substantive change
proposed in the NPRM and made final in this document, are no longer
necessary. Although we intended for the amendatory language in the NPRM
to remove these examples, it is possible that our intent was not clear.
Therefore, we are adding specific instructions in the amendatory
language to remove these examples from the regulatory text. We are
making this change for clarification purposes only.
Change: We have added specific instructions to the amendatory
language to make clear that we are removing the examples immediately
following paragraph (a) in Sec. 222.183.
Executive Order 12866
We have reviewed these final regulations in accordance with
Executive Order 12866. Under the terms of the order, we have assessed
the potential costs and benefits of this final regulatory action.
We have determined that this final regulatory action does not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
Summary of Potential Costs and Benefits
These final regulations are likely to benefit both small and large
entities in that they will provide more equitable opportunities for
funding of school construction needs.
These final regulations impose no additional administrative or
paperwork burden requirements on applicants and no additional
requirements with which grant recipients must comply.
The Department incurs no or minimal additional costs to implement
these final regulations. In assessing the potential costs and
benefits--both quantitative and qualitative--of this final regulatory
action, we have determined that the benefits of the final regulations
justify the costs.
Paperwork Reduction Act of 1995
These final regulations do not contain any information collection
requirements.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, we intend this document to provide
early notification of our specific plans and actions for this program.
Assessment of Educational Impact
Based on the response to the NPRM and our review, we have
determined that these final regulations do not require transmission of
information that any other agency or authority of the United States
gathers or makes available.
Electronic Access to This Document: You can view this document, as
well as all other Department of Education documents published in the
Federal Register, in text or Adobe Portable Document Format (PDF) on
the Internet at the following site: https://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available free
at this site.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available via the Federal Digital System at: https://www.gpo.gov/fdsys.
Catalog of Federal Domestic Assistance Number 84.041 Impact Aid
Discretionary Construction Program.
List of Subjects in 34 CFR Part 222
Education, Grant programs--education, Application procedures,
Construction programs.
Dated: April 22, 2011.
Thelma M[eacute]lendez de Santa Ana,
Assistant Secretary for Elementary and Secondary Education.
For the reasons discussed in the preamble, the Secretary amends
chapter II of title 34 of the Code of Federal Regulations as follows:
PART 222--IMPACT AID PROGRAMS
0
1. The authority citation for part 222 continues to read as follows:
Authority: 20 U.S.C. 7701-7714, unless otherwise noted.
0
2. Section 222.183 is amended by:
0
a. Revising paragraph (a) as set forth below; and
0
b. Removing Examples 1, 2, and 3 following paragraph (a).
The revision reads as follows:
Sec. 222.183 How does an LEA apply for a grant?
(a) To apply for funds under this program, an LEA may submit only
one application for one educational facility for each competition.
* * * * *
[FR Doc. 2011-10239 Filed 4-27-11; 8:45 am]
BILLING CODE 4000-01-P
