RESTORE Act Spill Impact Component Planning Allocation, 49690-49693 [2014-20102]

Download as PDF 49690 Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination With Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. rmajette on DSK2TPTVN1PROD with RULES 14. 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 determined that 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 involves establishing a security zone. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. VerDate Mar<15>2010 14:40 Aug 21, 2014 Jkt 232001 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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. ■ 2. Revise § 165.507 to read as follows: § 165.507 Security Zone; Chesapeake Bay, between Sandy Point and Kent Island, MD. (a) Definitions. The ‘‘Captain of the Port, Baltimore, Maryland’’ means the Commander, Coast Guard Sector Baltimore, Maryland or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port, Baltimore, Maryland to act on his or her behalf. (b) Location. The following area is a security zone: All waters of the Chesapeake Bay, from the surface to the bottom, within 250 yards north of the north (westbound) span of the William P. Lane Jr. Memorial Bridge, and 250 yards south of the south (eastbound) span of the William P. Lane Jr. Memorial Bridge, from the western shore at Sandy Point to the eastern shore at Kent Island, Maryland. (c) Regulations. (1) All persons are required to comply with the general regulations governing security zones found in § 165.33 of this part. (2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Baltimore, Maryland. (3) Persons or vessels requiring entry into or passage through the security zone must first request authorization from the Captain of the Port, Baltimore to seek permission to transit the area. The Captain of the Port, Baltimore, Maryland can be contacted at telephone number (410) 576–2693. The Coast Guard vessels enforcing this section can be contacted on VHF Marine Band Radio, VHF channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port, Baltimore, Maryland and proceed at the minimum speed necessary to maintain a safe course while within the zone. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 enforcement of the zone by Federal, State, and local agencies. (e) Enforcement period. This section will be enforced annually on the second Sunday in November from 7 a.m. to 11 a.m., and if necessary due to inclement weather, on the third Sunday in November from 7 a.m. to 11 a.m. Dated: August 7, 2014. K. C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. [FR Doc. 2014–19988 Filed 8–21–14; 8:45 am] BILLING CODE 9110–04–P GULF COAST ECOSYSTEM RESTORATION COUNCIL 40 CFR Part 1800 [Docket Number: 140819111–4111–01] RESTORE Act Spill Impact Component Planning Allocation Gulf Coast Ecosystem Restoration Council. ACTION: Interim final rule. AGENCY: The Gulf Coast Ecosystem Restoration Council (Council) is issuing a final regulation authorizing the Gulf Coast State members of the Council, or their administrative agents, and the Gulf Consortium of Florida counties to apply for grants to fund planning activities to develop individual State Expenditure Plans (SEP) using funds up to the statutory minimum that each Gulf Coast State must receive under the Spill Impact Component of the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). DATES: This Interim Final Rule becomes effective on August 22, 2014. Comments on the Interim Final Rule are due September 22, 2014. ADDRESSES: The Council invites comments on the planning allocation contained in this Interim Final Rule. Comments may be submitted through one of these methods: Electronic Submission of Comments: Interested persons may submit comments electronically through the Federal eRulemaking Portal at https:// www.regulations.gov. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt, and enables the Council to make them available to the public. Comments submitted electronically through the https://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. SUMMARY: E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations Mail: Send to Gulf Coast Ecosystem Restoration Council, c/o US Custom House, Suite 419, 423 Canal Street, Suite 419, New Orleans, LA 70130. Email: Send to RestoreCouncil@RestoreTheGulf.gov. In general, the Council will post all comments to www.regulations.gov without change, including any business or personal information provided, such as names, addresses, email addresses, or telephone numbers. Comments may also be submitted anonymously. The Council will also make such comments available for public inspection and copying on its Web site, https://www.restorethegulf.gov/. All comments received, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. You should only submit information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Jeffrey Roberson at 202–482–1315. rmajette on DSK2TPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: I. Background The RESTORE Act, Public Law 112– 141 (July 6, 2012), codified at 33 U.S.C. 1321(t) and note, makes funds available for the restoration and protection of the Gulf Coast Region through a new trust fund in the Treasury of the United States, known as the Gulf Coast Restoration Trust Fund (Trust Fund). The Trust Fund will contain 80 percent of the administrative and civil penalties paid by the responsible parties after July 6, 2012, under the Federal Water Pollution Control Act in connection with the Deepwater Horizon oil spill. These funds will be invested and made available through five components of the RESTORE Act. On August 15, 2014, the Department of Treasury (Treasury) issued regulations (79 FR 48039) applicable to all five components, and which generally describe the responsibilities of the Federal and State entities that administer RESTORE Act programs and carry out restoration activities in the Gulf Coast Region. Two of the five components, the Comprehensive Plan and Spill Impact Components, are administered by the Council, an independent federal entity created by the RESTORE Act. Under the Spill Impact Component (33 U.S.C. 1321(t)(3)), the subject of this regulation, 30 percent of funds in the Trust Fund will be disbursed to the five Gulf Coast States (Alabama, Florida, Louisiana, Mississippi, and Texas) or their administrative agents based on an allocation formula established by the Council by regulation based on criteria VerDate Mar<15>2010 14:40 Aug 21, 2014 Jkt 232001 in the RESTORE Act. The RESTORE Act establishes a statutory minimum under which each of the five Gulf Coast States is guaranteed five percent of the funds made available in a fiscal year under this component. In order for funds to be disbursed to a Gulf Coast State, the RESTORE Act requires each Gulf Coast State to develop a SEP and submit it to the Council for approval. The RESTORE Act specifies the particular entity within each Gulf Coast State that will prepare the individual SEPs: in Alabama, the Alabama Gulf Coast Recovery Council; in Florida, a consortium of local political subdivisions that includes a minimum of one representative of each affected county (officially named the ‘‘Gulf Consortium’’ as organized under Florida law); in Louisiana, the Coastal Protection and Restoration Authority of Louisiana; in Mississippi, the Office of the Governor or an appointee of the Office of the Governor; and in Texas, the Office of the Governor or an appointee of the Office of the Governor. 33 U.S.C. 1321(t)(3)(B)(iii). SEPs must meet the statutory requirements of the RESTORE Act, including: (1) All projects, programs and activities included in the SEP are eligible activities as defined by the RESTORE Act; (2) all projects, programs and activities included in the SEP contribute to the overall economic and ecological recovery of the Gulf Coast; (3) the SEP takes the Council’s Comprehensive Plan into consideration and is consistent with the goals and objectives of the Comprehensive Plan; and (4) no more than 25 percent of the allotted funds are used for infrastructure projects unless the SEP contains certain certifications from the Gulf Coast State submitting the SEP. The funds the Council disburses to the Gulf Coast States upon approval of a SEP will be in the form of grants. As required by federal law, the Council will award a grant or grants to each of the Gulf Coast States and incorporate into the grant award(s) standard administrative terms on such topics as recordkeeping, reporting, and auditing. The Council is currently developing another set of regulations to more fully implement the Spill Impact Component of the RESTORE Act. These regulations will be published in the Federal Register at a later date and will establish how funds made available from the Trust Fund will be allocated based on the formula between the five Gulf Coast States. It will also generally describe the responsibilities of the Gulf Coast States in applying for and administering the financial assistance awards made under the Spill Impact Component. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 49691 II. This Interim Final Rule Each of the five Gulf Coast States, Alabama, Florida, Louisiana, Mississippi, and Texas, are statutorily guaranteed a minimum of five percent of amounts made available from the Trust Fund under the Spill Impact Component each fiscal year. 33 U.S.C. 1321(t)(3)(A)(iii). A Gulf Coast State may receive more than the statutory minimum depending on the calculation of each Gulf Coast State’s share using an allocation formula established by the Council by regulation based on criteria specified in the Act. 33 U.S.C. 1321(t)(3)(A)(ii). The Council is developing a regulation to be published in the Federal Register at a later date establishing this allocation formula. The Council is issuing this regulation as an Interim Final Rule in order to facilitate expeditious development of SEPs by the Gulf Coast States and thus make funds available sooner for the restoration and protection of the Gulf Coast Region. The Council is not providing a waiting period for implementation of this Interim Final Rule because the five affected parties (four of the Gulf Coast States and the Gulf Consortium of Florida counties) are already on notice of the contents of the Interim Final Rule and it does not change any existing requirement that would necessitate any sort of transition period. Under this regulation an amount of funds less than or equal to the statutory minimum allocation (five percent of funds available under the Spill Impact Component) would be available to a Gulf Coast State, or eligible entity for a SEP that funds planning activities only, an eligible activity under the Spill Impact Component. 33 U.S.C. 1321(t)(1)(B)(i)(VIII); 33 U.S.C. 1321(t)(3)(B)(i)(I). Eligible entities include the States of Louisiana, Mississippi, and Texas, the Alabama Gulf Coast Recovery Council, and the Gulf Consortium of Florida counties. All planning activities authorized under the Interim Final Rule would relate solely to the development of a comprehensive SEP, including conceptual design and feasibility studies related to specific projects. It does not include engineering and environmental studies related to specific projects. It also does not include any pre-award costs incurred prior to the date of publication of this Interim Final Rule; any pre-award costs incurred after the date of publication will be evaluated pursuant to 2 CFR Part 200. In order to receive a grant for planning activities under this Interim Final Rule, the Gulf Coast State or eligible entity must submit an E:\FR\FM\22AUR1.SGM 22AUR1 49692 Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations application for grant funding to the Council for approval. The Council will accept comments on the Interim Final Rule for 30 days after publication, and publish a Final Rule after considering any comments. rmajette on DSK2TPTVN1PROD with RULES III. Procedural Requirements A. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally requires agencies to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute, unless the agency certifies that this Interim Final Rule will not have a significant economic impact on a substantial number of small entities. The Council hereby certifies that this rule will not have a significant economic impact on a substantial number of small entities, for the following reasons. This rule, if implemented, would only affect the those Gulf Coast States that are eligible recipients of these funds, and States are not considered ‘‘small entities’’ under the Regulatory Flexibility Act. For two Gulf Coast States, Alabama and Florida, the Act mandates that entities not officially part of the Executive Office of the State’s government develop the SEPs. The Alabama Gulf Coast Recovery Council, in the context of the Act, serves as an administrative agent of the State of Alabama so the effects of this rule are still directed solely at the State. For the State of Florida, while the Gulf Consortium of counties is tasked with developing the SEP, it is a consortium of 23 counties with a population of greater than 50,000. As such neither entity is considered ‘‘small entities’’ under the Regulatory Flexibility Act. Additionally, while this rule describes procedures concerning the allocation and expenditure of amounts from the Trust Fund under the Spill Impact Component, most of these requirements come from the RESTORE Act itself or other Federal law. The RESTORE Act determines the statutory minimum percentage of funds available to the Gulf Coast States under the Spill Impact Component. Because no small entities will be impacted by this rule no initial regulatory flexibility analysis is required, and none has been prepared. Notwithstanding this certification, the Council invites comments on this rule’s impact on small entities. B. Paperwork Reduction Act The collections of information contained in this Interim Final Rule VerDate Mar<15>2010 14:40 Aug 21, 2014 Jkt 232001 would at most require submissions of grant paperwork from five entities (four of the Gulf Coast States, or their administrative agents, and the Gulf Consortium) below the threshold requirement for application of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). As such, any request for information under this Interim Final Rule is not considered a ‘‘collection of information’’ subject to the Paperwork Reduction Act of 1995. Notwithstanding this determination, the Council invites comments on the application of the Paperwork Reduction Act to this Interim Final Rule. C. Regulatory Planning and Review (Executive Orders 12866 and 13563) As an independent federal entity that is composed of, in part, six federal agencies, including the Departments of Agriculture, the Army, Commerce, and the Interior, the Department in which the Coast Guard is operating, and the Environmental Protection Agency, the requirements of Executive Orders 12866 and 13563 are inapplicable to this rule. List of Subjects in 40 CFR Part 1800 Coastal zone, Fisheries, Grant programs, Grants administration, Gulf Coast Restoration Trust Fund, Gulf RESTORE Program, Intergovernmental relations, Marine resources, Natural resources, Oil pollution, Research, Science and technology, Trusts, Wildlife. Dated: August 19, 2014. Justin R. Ehrenwerth, Executive Director, Gulf Coast Ecosystem Restoration Council. For the reasons set forth in the preamble, the Gulf Coast Ecosystem Restoration Council amends 40 CFR to establish a new chapter VIII, consisting of part 1800, to read as follows: Title 40—Protection of Environment Chapter VIII—Gulf Coast Ecosystem Restoration Council PART 1800—SPILL IMPACT COMPONENT Sec. Subpart A—Definitions 1800.1 Definitions. Subpart B—Minimum Allocation Available for Planning Purposes 1800.10 Purpose. 1800.20 Minimum allocation available for planning purposes. Authority: 33 U.S.C. 1321(t). PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Subpart A—Definitions § 1800.1 Definitions. As used in this part: Gulf Coast State means any of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. Gulf Consortium means the consortium of Florida counties formed to develop the Florida State Expenditure Plan pursuant to 33 U.S.C. 1321(t)(3)(B)(iii)(II). Minimum allocation means the amount made available to each Gulf Coast State which totals at least five percent of the total allocation made under the Spill Impact Component available in the fiscal year. RESTORE Act means the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012. Spill Impact Component means the component of the Gulf RESTORE program authorized by section 311(t)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1321(t)(3)), as added by section 1603 of the Act, in which Gulf Coast States are provided funds by the Council according to a formula that the Council establishes by regulation, using criteria listed in the Act. State Expenditure Plan means the plan for expenditure of amounts disbursed under the Spill Impact Component that each Gulf Coast State must submit to the Council for approval. Subpart B—Minimum Allocation Available for Planning Purposes § 1800.10 Purpose. This subpart establishes that up to the statutory minimum allocation (five percent) is available under the Spill Impact Component of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act) (Pub. L. 112–141, 126 Stat. 405, 588–607) for planning purposes associated with development of a State Expenditure Plan. § 1800.20 Minimum allocation available for planning purposes. A Gulf Coast State or its administrative agent, or the Gulf Consortium, may apply to the Council for a grant to use the minimum allocation available in a fiscal year under the Spill Impact Component of the RESTORE Act for planning purposes. These planning purposes are limited to development of a State Expenditure Plan, and includes conceptual design and feasibility studies related to specific projects. It does not include engineering and E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations environmental studies related to specific projects. It also does not include any pre-award costs incurred prior to August 22, 2014. [FR Doc. 2014–20102 Filed 8–21–14; 8:45 am] BILLING CODE 3510–EA–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 2 and 5 [ET Docket No. 10–236 and 06–155; FCC 13–15] Radio Experimentation and Market Trials-Streamlining Rules Correction In rule document 2014–19293, appearing on page 48691 in the issue of Monday, August 18, 2014, make the following correction: § 5.302 [CORRECTED] On page 48691, in the second column, third line from the bottom, ‘‘§ 5.3012 [AMENDED]’’ should read ‘‘§ 5.302 [AMENDED]’’. [FR Doc. C1–2014–19293 Filed 8–21–14; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Parts 234, 235, and 236 [Docket No. FRA–2011–0061, Notice No. 3] RIN 2130–AC32 Positive Train Control Systems (RRR) Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: FRA’s final rule primarily amends the regulations implementing a requirement of the Rail Safety Improvement Act of 2008 that certain passenger and freight railroads install positive train control (PTC) systems governing operations on certain main line tracks. This final rule revises an existing regulatory exception to the requirement to install a PTC system for track segments carrying freight only that present a de minimis safety risk. The final rule also adds a new exception for PTC-unequipped freight trains associated with certain freight yard operations to operate within PTC systems. The final rule also revises the existing regulations related to en route failures of a PTC system, adds new rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:40 Aug 21, 2014 Jkt 232001 provisions related to other failures of a PTC system, and amends the regulations on applications for approval of certain modifications of signal and train control systems. Finally, this final rule makes technical amendments to FRA’s other signal and train control regulations and FRA’s regulations governing highwayrail grade crossing warning systems. DATES: This final rule is effective October 21, 2014. FOR FURTHER INFORMATION CONTACT: George Hartman, Office of Safety Assurance and Compliance, Staff Director, Signal & Train Control Division, Federal Railroad Administration, Mail Stop 25, West Building 3rd Floor West, Room W35– 333, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202– 493–6225) or Emily Prince, Trial Attorney, Office of Chief Counsel, RCC– 10, Mail Stop 10, West Building 7th Floor, Room W75–208, 1200 New Jersey Avenue SE., Washington, DC 20590 (telephone: 202–493–6146). SUPPLEMENTARY INFORMATION: Abbreviations Frequently Used AAR Association of American Railroads CFR Code of Federal Regulations FRA Federal Railroad Administration MGT million gross tons NPRM notice of proposed rulemaking PIH material poisonous by inhalation (as defined in 49 CFR 171.8, 173.115 and 173.132) hazardous material PTC positive train control (as further described in 49 CFR 236.1005) PTCIP PTC Implementation Plan (as required under 49 U.S.C. 20157 and further described in 49 CFR 236.1011) PTCSP PTC Safety Plan (as further described in 49 CFR 236.1015) PTCWG PTC Working Group of the Railroad Safety Advisory Committee RFA Request for Amendment (of a plan or system made by a railroad required to implement a PTC system as defined in 49 CFR 236.1003, in accordance with 49 CFR 236.1021) RRR Retrospective Regulatory Review RSAC Railroad Safety Advisory Committee RSIA Sec. 104 of the Rail Safety Improvement Act of 2008 (Public Law 110– 432, Div. A) (49 U.S.C. 20157) Sec. section WG Working Group Terms Frequently Used Categorical de minimis exception means the exception to the requirement to implement a PTC system on a given track segment provided by 49 CFR 236.1005(b)(4)(iii)(A) and (B) before this final rule is effective and by 49 CFR 236.1005(b)(4)(iii)(A) and (B) after this final rule is effective. General de minimis exception means the exception to the requirement to PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 49693 implement a PTC system on a given track segment provided by 49 CFR 236.1005(b)(4)(iii)(C) that existed prior to this final rule and by 49 CFR 236.1005(b)(4)(iii)(A) and (C) after this final rule is effective. Old section or old provision refers to the section or provision as it existed on the day before the section or provision of this final rule is effective. PTCpreventable accident means an accident or incident that could be prevented by the functions of a positive train control system required by 49 U.S.C. 20157. Table of Contents for Supplementary Information I. Executive Summary II. Statutory and Regulatory Background and Proceedings to Date III. Public Participation A. RSAC Process and the PTC Working Group B. Comments Received 1. In General 2. Comments on § 236.1021, Discontinuances, Material Modifications, and Amendments, Which Is Unchanged 3. Comments on Paragraph (c), Limited Operations Exception, of § 236.1019, Main Line Track Exceptions, Which Is Unchanged 4. Comments on Cost of Transportation of Certain Radioactive Lading IV. Section-by-Section Analysis V. Regulatory Impact and Notices A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures B. Regulatory Flexibility Act and Executive Order 13272 C. Executive Order 13175 D. Paperwork Reduction Act E. Federalism Implications F. Environmental Impact G. Unfunded Mandates Reform Act of 1995 H. Energy Impact I. Privacy Act I. Executive Summary Section 104 of the Rail Safety Improvement Act of 2008, Public Law 110–432, 122 Stat. 4854, (Oct. 16, 2008) (codified at 49 U.S.C. 20157) (hereinafter ‘‘RSIA’’) requires the installation of PTC systems governing all train operations on certain track. RSIA defines ‘‘PTC system’’ as ‘‘a system designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position.’’ 49 U.S.C. 20157(i)(3). While there are different PTC system configurations, and there is no specific technological model that defines a PTC system, all PTC systems generally have the same four parts: (1) An onboard apparatus for the locomotive controlling each applicable train; (2) wayside devices such as wayside interface units; E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

  • GULF COAST ECOSYSTEM RESTORATION COUNCIL
[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49690-49693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20102]


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GULF COAST ECOSYSTEM RESTORATION COUNCIL

40 CFR Part 1800

[Docket Number: 140819111-4111-01]


RESTORE Act Spill Impact Component Planning Allocation

AGENCY: Gulf Coast Ecosystem Restoration Council.

ACTION: Interim final rule.

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

SUMMARY: The Gulf Coast Ecosystem Restoration Council (Council) is 
issuing a final regulation authorizing the Gulf Coast State members of 
the Council, or their administrative agents, and the Gulf Consortium of 
Florida counties to apply for grants to fund planning activities to 
develop individual State Expenditure Plans (SEP) using funds up to the 
statutory minimum that each Gulf Coast State must receive under the 
Spill Impact Component of the Resources and Ecosystem Sustainability, 
Tourist Opportunities, and Revived Economies of the Gulf Coast States 
Act of 2012 (RESTORE Act).

DATES: This Interim Final Rule becomes effective on August 22, 2014. 
Comments on the Interim Final Rule are due September 22, 2014.

ADDRESSES: The Council invites comments on the planning allocation 
contained in this Interim Final Rule. Comments may be submitted through 
one of these methods:
    Electronic Submission of Comments: Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
https://www.regulations.gov. Electronic submission of comments allows 
the commenter maximum time to prepare and submit a comment, ensures 
timely receipt, and enables the Council to make them available to the 
public. Comments submitted electronically through the https://www.regulations.gov Web site can be viewed by other commenters and 
interested members of the public.

[[Page 49691]]

    Mail: Send to Gulf Coast Ecosystem Restoration Council, c/o US 
Custom House, Suite 419, 423 Canal Street, Suite 419, New Orleans, LA 
70130.
    Email: Send to RestoreCouncil@RestoreTheGulf.gov.
    In general, the Council will post all comments to 
www.regulations.gov without change, including any business or personal 
information provided, such as names, addresses, email addresses, or 
telephone numbers. Comments may also be submitted anonymously. The 
Council will also make such comments available for public inspection 
and copying on its Web site, https://www.restorethegulf.gov/. All 
comments received, including attachments and other supporting 
materials, will be part of the public record and subject to public 
disclosure. You should only submit information that you wish to make 
publicly available.

FOR FURTHER INFORMATION CONTACT: Jeffrey Roberson at 202-482-1315.

SUPPLEMENTARY INFORMATION: 

I. Background

    The RESTORE Act, Public Law 112-141 (July 6, 2012), codified at 33 
U.S.C. 1321(t) and note, makes funds available for the restoration and 
protection of the Gulf Coast Region through a new trust fund in the 
Treasury of the United States, known as the Gulf Coast Restoration 
Trust Fund (Trust Fund). The Trust Fund will contain 80 percent of the 
administrative and civil penalties paid by the responsible parties 
after July 6, 2012, under the Federal Water Pollution Control Act in 
connection with the Deepwater Horizon oil spill. These funds will be 
invested and made available through five components of the RESTORE Act. 
On August 15, 2014, the Department of Treasury (Treasury) issued 
regulations (79 FR 48039) applicable to all five components, and which 
generally describe the responsibilities of the Federal and State 
entities that administer RESTORE Act programs and carry out restoration 
activities in the Gulf Coast Region.
    Two of the five components, the Comprehensive Plan and Spill Impact 
Components, are administered by the Council, an independent federal 
entity created by the RESTORE Act. Under the Spill Impact Component (33 
U.S.C. 1321(t)(3)), the subject of this regulation, 30 percent of funds 
in the Trust Fund will be disbursed to the five Gulf Coast States 
(Alabama, Florida, Louisiana, Mississippi, and Texas) or their 
administrative agents based on an allocation formula established by the 
Council by regulation based on criteria in the RESTORE Act. The RESTORE 
Act establishes a statutory minimum under which each of the five Gulf 
Coast States is guaranteed five percent of the funds made available in 
a fiscal year under this component. In order for funds to be disbursed 
to a Gulf Coast State, the RESTORE Act requires each Gulf Coast State 
to develop a SEP and submit it to the Council for approval. The RESTORE 
Act specifies the particular entity within each Gulf Coast State that 
will prepare the individual SEPs: in Alabama, the Alabama Gulf Coast 
Recovery Council; in Florida, a consortium of local political 
subdivisions that includes a minimum of one representative of each 
affected county (officially named the ``Gulf Consortium'' as organized 
under Florida law); in Louisiana, the Coastal Protection and 
Restoration Authority of Louisiana; in Mississippi, the Office of the 
Governor or an appointee of the Office of the Governor; and in Texas, 
the Office of the Governor or an appointee of the Office of the 
Governor. 33 U.S.C. 1321(t)(3)(B)(iii).
    SEPs must meet the statutory requirements of the RESTORE Act, 
including: (1) All projects, programs and activities included in the 
SEP are eligible activities as defined by the RESTORE Act; (2) all 
projects, programs and activities included in the SEP contribute to the 
overall economic and ecological recovery of the Gulf Coast; (3) the SEP 
takes the Council's Comprehensive Plan into consideration and is 
consistent with the goals and objectives of the Comprehensive Plan; and 
(4) no more than 25 percent of the allotted funds are used for 
infrastructure projects unless the SEP contains certain certifications 
from the Gulf Coast State submitting the SEP. The funds the Council 
disburses to the Gulf Coast States upon approval of a SEP will be in 
the form of grants. As required by federal law, the Council will award 
a grant or grants to each of the Gulf Coast States and incorporate into 
the grant award(s) standard administrative terms on such topics as 
recordkeeping, reporting, and auditing. The Council is currently 
developing another set of regulations to more fully implement the Spill 
Impact Component of the RESTORE Act. These regulations will be 
published in the Federal Register at a later date and will establish 
how funds made available from the Trust Fund will be allocated based on 
the formula between the five Gulf Coast States. It will also generally 
describe the responsibilities of the Gulf Coast States in applying for 
and administering the financial assistance awards made under the Spill 
Impact Component.

II. This Interim Final Rule

    Each of the five Gulf Coast States, Alabama, Florida, Louisiana, 
Mississippi, and Texas, are statutorily guaranteed a minimum of five 
percent of amounts made available from the Trust Fund under the Spill 
Impact Component each fiscal year. 33 U.S.C. 1321(t)(3)(A)(iii). A Gulf 
Coast State may receive more than the statutory minimum depending on 
the calculation of each Gulf Coast State's share using an allocation 
formula established by the Council by regulation based on criteria 
specified in the Act. 33 U.S.C. 1321(t)(3)(A)(ii). The Council is 
developing a regulation to be published in the Federal Register at a 
later date establishing this allocation formula.
    The Council is issuing this regulation as an Interim Final Rule in 
order to facilitate expeditious development of SEPs by the Gulf Coast 
States and thus make funds available sooner for the restoration and 
protection of the Gulf Coast Region. The Council is not providing a 
waiting period for implementation of this Interim Final Rule because 
the five affected parties (four of the Gulf Coast States and the Gulf 
Consortium of Florida counties) are already on notice of the contents 
of the Interim Final Rule and it does not change any existing 
requirement that would necessitate any sort of transition period.
    Under this regulation an amount of funds less than or equal to the 
statutory minimum allocation (five percent of funds available under the 
Spill Impact Component) would be available to a Gulf Coast State, or 
eligible entity for a SEP that funds planning activities only, an 
eligible activity under the Spill Impact Component. 33 U.S.C. 
1321(t)(1)(B)(i)(VIII); 33 U.S.C. 1321(t)(3)(B)(i)(I). Eligible 
entities include the States of Louisiana, Mississippi, and Texas, the 
Alabama Gulf Coast Recovery Council, and the Gulf Consortium of Florida 
counties. All planning activities authorized under the Interim Final 
Rule would relate solely to the development of a comprehensive SEP, 
including conceptual design and feasibility studies related to specific 
projects. It does not include engineering and environmental studies 
related to specific projects. It also does not include any pre-award 
costs incurred prior to the date of publication of this Interim Final 
Rule; any pre-award costs incurred after the date of publication will 
be evaluated pursuant to 2 CFR Part 200. In order to receive a grant 
for planning activities under this Interim Final Rule, the Gulf Coast 
State or eligible entity must submit an

[[Page 49692]]

application for grant funding to the Council for approval.
    The Council will accept comments on the Interim Final Rule for 30 
days after publication, and publish a Final Rule after considering any 
comments.

III. Procedural Requirements

A. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires agencies to prepare a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act or any other statute, unless the agency 
certifies that this Interim Final Rule will not have a significant 
economic impact on a substantial number of small entities. The Council 
hereby certifies that this rule will not have a significant economic 
impact on a substantial number of small entities, for the following 
reasons.
    This rule, if implemented, would only affect the those Gulf Coast 
States that are eligible recipients of these funds, and States are not 
considered ``small entities'' under the Regulatory Flexibility Act. For 
two Gulf Coast States, Alabama and Florida, the Act mandates that 
entities not officially part of the Executive Office of the State's 
government develop the SEPs. The Alabama Gulf Coast Recovery Council, 
in the context of the Act, serves as an administrative agent of the 
State of Alabama so the effects of this rule are still directed solely 
at the State. For the State of Florida, while the Gulf Consortium of 
counties is tasked with developing the SEP, it is a consortium of 23 
counties with a population of greater than 50,000. As such neither 
entity is considered ``small entities'' under the Regulatory 
Flexibility Act.
    Additionally, while this rule describes procedures concerning the 
allocation and expenditure of amounts from the Trust Fund under the 
Spill Impact Component, most of these requirements come from the 
RESTORE Act itself or other Federal law. The RESTORE Act determines the 
statutory minimum percentage of funds available to the Gulf Coast 
States under the Spill Impact Component.
    Because no small entities will be impacted by this rule no initial 
regulatory flexibility analysis is required, and none has been 
prepared. Notwithstanding this certification, the Council invites 
comments on this rule's impact on small entities.

B. Paperwork Reduction Act

    The collections of information contained in this Interim Final Rule 
would at most require submissions of grant paperwork from five entities 
(four of the Gulf Coast States, or their administrative agents, and the 
Gulf Consortium) below the threshold requirement for application of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). As such, any 
request for information under this Interim Final Rule is not considered 
a ``collection of information'' subject to the Paperwork Reduction Act 
of 1995. Notwithstanding this determination, the Council invites 
comments on the application of the Paperwork Reduction Act to this 
Interim Final Rule.

C. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    As an independent federal entity that is composed of, in part, six 
federal agencies, including the Departments of Agriculture, the Army, 
Commerce, and the Interior, the Department in which the Coast Guard is 
operating, and the Environmental Protection Agency, the requirements of 
Executive Orders 12866 and 13563 are inapplicable to this rule.

List of Subjects in 40 CFR Part 1800

    Coastal zone, Fisheries, Grant programs, Grants administration, 
Gulf Coast Restoration Trust Fund, Gulf RESTORE Program, 
Intergovernmental relations, Marine resources, Natural resources, Oil 
pollution, Research, Science and technology, Trusts, Wildlife.

    Dated: August 19, 2014.
Justin R. Ehrenwerth,
Executive Director, Gulf Coast Ecosystem Restoration Council.

    For the reasons set forth in the preamble, the Gulf Coast Ecosystem 
Restoration Council amends 40 CFR to establish a new chapter VIII, 
consisting of part 1800, to read as follows:

Title 40--Protection of Environment

Chapter VIII--Gulf Coast Ecosystem Restoration Council

PART 1800--SPILL IMPACT COMPONENT

Sec.
Subpart A--Definitions
1800.1 Definitions.
Subpart B--Minimum Allocation Available for Planning Purposes
1800.10 Purpose.
1800.20 Minimum allocation available for planning purposes.

    Authority: 33 U.S.C. 1321(t).

Subpart A--Definitions


Sec.  1800.1  Definitions.

    As used in this part:
    Gulf Coast State means any of the States of Alabama, Florida, 
Louisiana, Mississippi, and Texas.
    Gulf Consortium means the consortium of Florida counties formed to 
develop the Florida State Expenditure Plan pursuant to 33 U.S.C. 
1321(t)(3)(B)(iii)(II).
    Minimum allocation means the amount made available to each Gulf 
Coast State which totals at least five percent of the total allocation 
made under the Spill Impact Component available in the fiscal year.
    RESTORE Act means the Resources and Ecosystems Sustainability, 
Tourist Opportunities, and Revived Economies of the Gulf Coast States 
Act of 2012.
    Spill Impact Component means the component of the Gulf RESTORE 
program authorized by section 311(t)(3) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(t)(3)), as added by section 1603 of the 
Act, in which Gulf Coast States are provided funds by the Council 
according to a formula that the Council establishes by regulation, 
using criteria listed in the Act.
    State Expenditure Plan means the plan for expenditure of amounts 
disbursed under the Spill Impact Component that each Gulf Coast State 
must submit to the Council for approval.

Subpart B--Minimum Allocation Available for Planning Purposes


Sec.  1800.10  Purpose.

    This subpart establishes that up to the statutory minimum 
allocation (five percent) is available under the Spill Impact Component 
of the Resources and Ecosystems Sustainability, Tourist Opportunities, 
and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE 
Act) (Pub. L. 112-141, 126 Stat. 405, 588-607) for planning purposes 
associated with development of a State Expenditure Plan.


Sec.  1800.20  Minimum allocation available for planning purposes.

    A Gulf Coast State or its administrative agent, or the Gulf 
Consortium, may apply to the Council for a grant to use the minimum 
allocation available in a fiscal year under the Spill Impact Component 
of the RESTORE Act for planning purposes. These planning purposes are 
limited to development of a State Expenditure Plan, and includes 
conceptual design and feasibility studies related to specific projects. 
It does not include engineering and

[[Page 49693]]

environmental studies related to specific projects. It also does not 
include any pre-award costs incurred prior to August 22, 2014.

[FR Doc. 2014-20102 Filed 8-21-14; 8:45 am]
BILLING CODE 3510-EA-P
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