RESTORE Act Spill Impact Component Allocation, 21478-21479 [2016-08319]
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Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the exemption in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: March 31, 2016.
G. Jeffrey Herndon,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.920, add alphabetically the
inert ingredient to the table to read as
follows:
■
§ 180.920 Inert ingredients used preharvest; exemptions from the requirement
of a tolerance.
*
*
*
*
Inert ingredients
Limits
*
*
*
*
1,2-Propanediol, 3-[3-[1, 3, 3, 3-tetramethyl-1-[(trimethylsilyl)oxy]-1-disiloxyanyl]
propoxy]- (CAS Reg. No. 70280–68–1).
*
*
Not to exceed 5% by weight of pesticide formulation.
*
*
*
[FR Doc. 2016–08282 Filed 4–11–16; 8:45 am]
BILLING CODE 6560–50–P
GULF COAST ECOSYSTEM
RESTORATION COUNCIL
40 CFR Part 1800
[Docket Number: 104122016–1111–01]
RESTORE Act Spill Impact Component
Allocation
Gulf Coast Ecosystem
Restoration Council.
ACTION: Notice of effective date of final
rule.
AGENCY:
jstallworth on DSK7TPTVN1PROD with RULES
*
This document confirms that
on April 4, 2016, the United States
District Court for the Eastern District of
Louisiana entered a consent decree
(Consent Decree) among the United
States; the states of Alabama, Florida,
Louisiana, Mississippi and Texas; and
BP Exploration and Production Inc.
SUMMARY:
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*
*
with respect to the civil penalty and
natural resource damages in case
number MDL No. 2179. The Gulf Coast
Ecosystem Restoration Council
(Council) regulation (Spill Impact
Regulation) that implements the Spill
Impact Component Allocation of the
Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf
Coast States Act of 2012 (RESTORE Act)
is effective as of the date of publication
of this document.
DATES: The Spill Impact Regulation is
effective on April 12, 2016.
FOR FURTHER INFORMATION CONTACT: Will
Spoon at (504) 239–9814.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 2015, the Council
published the Spill Impact Regulation
in the Federal Register (80 FR 77580),
to be effective on the date that the
Council publishes this document in the
Federal Register confirming that the
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*
Antifoaming agent.
*
*
United States District Court for the
Eastern District of Louisiana has entered
the Consent Decree.
On April 4, 2016, the United States
District Court for the Eastern District of
Louisiana entered the Consent Decree.
The Council confirms such entry by
publication of this document, and the
Spill Impact Regulation is therefore
effective.
For more information on the Spill
Impact Regulation, please see the final
rule (80 FR 77580, December 15, 2015).
Procedural Requirements
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
As an independent Federal entity that
is comprised, in part, of the Secretaries
of the Departments of the Interior,
Agriculture, Commerce and Homeland
Security; the Secretary of the Army; and
the Administrator of Environmental
Protection Agency, the requirements of
Executive Orders 12866 and 13563 do
not apply to this document.
E:\FR\FM\12APR1.SGM
12APR1
Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations
Paperwork Reduction Act
This document contains no collection
of information requirements. Therefore
the Paperwork Reduction Act does not
apply to this document.
(Authority: 33 U.S.C. 1321(t).)
Justin R. Ehrenwerth,
Executive Director, Gulf Coast Ecosystem
Restoration Council.
[FR Doc. 2016–08319 Filed 4–11–16; 8:45 am]
BILLING CODE 6560–58–P
§ 447.203(b). These regulations
established that states must develop and
submit to CMS an access monitoring
review plan by July 1, 2016 for the
following service categories: Primary
care services (including those provided
by a physician, FQHC, clinic or dental
care); physician specialist services (for
example, cardiology, urology,
radiology); behavioral health services
(including mental health and substance
use disorder); pre- and post-natal
obstetric services, including labor and
delivery; and home health services.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
II. Discussion and Provisions of This
Final Regulation
Centers for Medicare & Medicaid
Services
In the November 2, 2015 final rule
with comment period, we solicited
comments on § 447.203(b)(5).
Specifically, we solicited comments on
the scope of services required for
ongoing review in the review plans, the
elements of review required through the
plans, whether we should allow
exemptions to the rule based on state
program characteristics (for example,
high managed care enrollment), and the
deadline for submission of the initial
access monitoring review plan. We
received many comments that were
outside of the scope of issues on which
we solicited comments. Several
commenters raised concerns over CMS’s
characterization in the regulatory
preamble of the Supreme Court
Decision: Armstrong v. Exceptional
Child Center, Inc., 135 S. Ct. 1378
(2015). Though we did not solicit
comments on this issue, we agree with
commenters that the decision is subject
to judicial interpretation and we did not
intend to imply an interpretation by the
agency.
The following is a summary of the
comments and our responses on
§ 447.203(b)(5).
Comment: We received many
comments requesting that CMS not
allow exemptions based on high
managed care enrollment or other
program features.
Response: While we continue to
consider whether exemptions might be
warranted in some circumstances, we
believe that further experience with the
access monitoring review system set
forth in the final rule with comment
period is necessary to determine the
appropriate circumstances. The
commenters did not offer consistent
suggestions or supporting evidence to
set a threshold that could exempt states,
nor any suggestions for alternatives
states might use to demonstrate
compliance with section 1902(a)(30)(A)
of the Act outside of the final rule with
comment period requirements.
42 CFR Part 447
[CMS–2328–F2]
RIN 0938–AS89
Medicaid Program; Deadline for
Access Monitoring Review Plan
Submissions
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
AGENCY:
In the November 2, 2015
Federal Register, we published a final
rule with comment period entitled
‘‘Medicaid Program: Methods for
Assuring Access to Covered Medicaid
Services.’’ The final rule with comment
period established that states must
develop and submit to CMS an access
monitoring review plan by July 1, 2016.
This document revises the deadline for
states’ access monitoring review plan
submission to CMS until October 1,
2016.
SUMMARY:
Effective Date: These regulations
are effective on April 8, 2016.
FOR FURTHER INFORMATION CONTACT:
Jeremy Silanskis, (410) 786–1592.
SUPPLEMENTARY INFORMATION:
DATES:
jstallworth on DSK7TPTVN1PROD with RULES
I. Background
In the November 2, 2015 Federal
Register (80 FR 67576), we published
the ‘‘Medicaid Program: Methods for
Assuring Access to Covered Medicaid
Services’’ final rule with comment
period that outlined a transparent datadriven process for states to document
whether Medicaid payments are
sufficient to enlist providers to assure
beneficiary access to covered care and
services consistent with section
1902(a)(30)(A) of the Social Security Act
(the Act). This final rule with comment
period included new § 447.203(b)(1)
through (8) and revisions to
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Comment: A number of commenters
recommended that CMS expand the
services that CMS requires states to
review in access monitoring plans.
Response: Commenters that requested
additional services did not provide
sufficient data to compel us to modify
the list of core services subject to the
ongoing access reviews. The core
services included in the final rule with
comment period (that is, primary care
services, physician specialist services,
behavioral health services, pre- and
post-natal obstetric services and home
health services) were selected because
they are frequently used services in
Medicaid and access to these services
indicates that an individual has primary
sources of care, which may increase the
likelihood of having their care needs
met. We also note the final rule with
comment period provides providers an
opportunity and mechanism to bring
access concerns to the attention of state
Medicaid agencies and provide feedback
on rate changes that may have a
negative effect on access before states
submit proposals to CMS.
Comment: Several commenters
requested CMS change the due date by
which states are required to develop and
submit the initial Access Monitoring
Review Plans. Commenters noted that
state agency staff may have difficulty
developing and submitting the initial
review plans within the July 1, 2016
timeframe for first year reviews. These
commenters offered several different
dates as an alternative, including:
January 1, 2017, July 1, 2017, and 6
months following the close of the state’s
next legislative session. A number of
other commenters requested CMS
maintain the timelines established in
the final rule.
Response: We established the July 1,
2016 deadline for developing and
submitting the access monitoring review
plans in the final rule with comment
period after careful consideration of
issues raised through comments on the
notice of proposed rulemaking (76 FR
26342) and after weighing all of the
policies discussed in the final rule.
Since issuing the final rule with
comment period, we have been working
closely with states on developing the
access monitoring review plans. States
are actively engaged in developing plans
and have raised significant concerns
over fulfilling the requirements of the
rule by the July 1, 2016 deadline.
Several states have noted that additional
time will allow them to develop more
robust and proficient review plans, and
leave them better prepared to analyze
and monitor compliance with section
1902(a)(30)(A) of the Act. We agree with
this assessment and believe that there
E:\FR\FM\12APR1.SGM
12APR1
Agencies
- GULF COAST ECOSYSTEM RESTORATION COUNCIL
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21478-21479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08319]
=======================================================================
-----------------------------------------------------------------------
GULF COAST ECOSYSTEM RESTORATION COUNCIL
40 CFR Part 1800
[Docket Number: 104122016-1111-01]
RESTORE Act Spill Impact Component Allocation
AGENCY: Gulf Coast Ecosystem Restoration Council.
ACTION: Notice of effective date of final rule.
-----------------------------------------------------------------------
SUMMARY: This document confirms that on April 4, 2016, the United
States District Court for the Eastern District of Louisiana entered a
consent decree (Consent Decree) among the United States; the states of
Alabama, Florida, Louisiana, Mississippi and Texas; and BP Exploration
and Production Inc. with respect to the civil penalty and natural
resource damages in case number MDL No. 2179. The Gulf Coast Ecosystem
Restoration Council (Council) regulation (Spill Impact Regulation) that
implements the Spill Impact Component Allocation of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (RESTORE Act) is effective as of
the date of publication of this document.
DATES: The Spill Impact Regulation is effective on April 12, 2016.
FOR FURTHER INFORMATION CONTACT: Will Spoon at (504) 239-9814.
SUPPLEMENTARY INFORMATION:
Background
On December 15, 2015, the Council published the Spill Impact
Regulation in the Federal Register (80 FR 77580), to be effective on
the date that the Council publishes this document in the Federal
Register confirming that the United States District Court for the
Eastern District of Louisiana has entered the Consent Decree.
On April 4, 2016, the United States District Court for the Eastern
District of Louisiana entered the Consent Decree. The Council confirms
such entry by publication of this document, and the Spill Impact
Regulation is therefore effective.
For more information on the Spill Impact Regulation, please see the
final rule (80 FR 77580, December 15, 2015).
Procedural Requirements
Regulatory Planning and Review (Executive Orders 12866 and 13563)
As an independent Federal entity that is comprised, in part, of the
Secretaries of the Departments of the Interior, Agriculture, Commerce
and Homeland Security; the Secretary of the Army; and the Administrator
of Environmental Protection Agency, the requirements of Executive
Orders 12866 and 13563 do not apply to this document.
[[Page 21479]]
Paperwork Reduction Act
This document contains no collection of information requirements.
Therefore the Paperwork Reduction Act does not apply to this document.
(Authority: 33 U.S.C. 1321(t).)
Justin R. Ehrenwerth,
Executive Director, Gulf Coast Ecosystem Restoration Council.
[FR Doc. 2016-08319 Filed 4-11-16; 8:45 am]
BILLING CODE 6560-58-P