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.
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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.
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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
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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:
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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.
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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
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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.
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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
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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.
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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
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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).
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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
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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
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SUMMARY:
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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
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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;
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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.
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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.
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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
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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
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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]
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