Impact Aid Program; Corrections, 47070-47071 [2018-20221]

Download as PDF 47070 Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations from 11:30 a.m. through 5 p.m. on October 6, 2018, and from 11:30 a.m. through 5 p.m. on October 7, 2018. 2. On page 39879, in the second column, correct lines 12 through 16 to read: Regulated area from 2:45 p.m. through 4:30 p.m. on October 4, 2018, from 10:30 a.m. through 5 p.m. on October 5, 2018, from 11:30 a.m. through 5 p.m. on October 6, 2018, and from 11:30 a.m. through 5. Dated: September 12, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018–20206 Filed 9–17–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Part 222 RIN 1810–AB24 [Docket ID ED–2015–OESE–0109] Impact Aid Program; Corrections Office of Elementary and Secondary Education, Department of Education. ACTION: Final regulations; correcting amendments. AGENCY: The Department of Education (Department) published final regulations in the Federal Register on September 20, 2016 to amend the Impact Aid Program (IAP) regulations issued under title VII of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act. The amendatory instructions at the end of the 2016 final rule inadvertently removed some definitions from these regulations. This document corrects the regulations by adding those definitions back into the Code of Federal Regulations (CFR). DATES: These regulations are effective September 18, 2018. FOR FURTHER INFORMATION CONTACT: Kristen Walls, U.S. Department of Education, 400 Maryland Avenue SW, Room 3C103, Washington, DC 20202. Telephone: (202) 260–3858. Email: Kristen.walls@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. daltland on DSKBBV9HB2PROD with RULES SUMMARY: On September 20, 2016, the Secretary published final regulations for this program in the Federal Register (81 FR 64728). The amendatory instructions for SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:42 Sep 17, 2018 Jkt 244001 § 222.161 resulted in some of the definitions from § 222.161 being mistakenly removed. It was not our intention to remove these definitions through that rulemaking and the preamble to the proposed or final rule never indicated that we were removing these definitions. We are taking this action to correct the regulations. The definitions that were removed and that we are adding back in their proper place are: Equalize expenditures, local tax revenues, local tax revenues covered under a State equalization program, revenue, State aid, and total local tax. document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Waiver of Rulemaking Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed regulations. However, the APA provides that an agency is not required to conduct notice-andcomment rulemaking when the agency, for good cause, finds that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest (5 U.S.C. 553(b)(B)). There is good cause to waive rulemaking here as unnecessary. Rulemaking is ‘‘unnecessary’’ in those situations in which ‘‘the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.’’ Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001), quoting U.S. Department of Justice, Attorney General’s Manual on the Administrative Procedure Act 31 (1947) and South Carolina v. Block, 558 F. Supp. 1004, 1016 (D.S.C. 1983). These regulations merely restore the regulatory definitions as they appeared in the CFR prior to their unintended removal in connection with the 2016 Impact Aid final rule. Because the definitions were originally adopted through notice-and-comment rulemaking and their removal was in error, rulemaking to restore the definitions is unnecessary. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., Braille, large print, audiotape, or compact disc) on request to the program contact person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations via the Federal Digital System at: www.gpo.gov/ fdsys. At this site you can view this (Catalog of Federal Domestic Assistance Number 84.041 Impact Aid) PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 List of Subjects in 34 CFR Part 222 Administrative practice and procedure, Education of individuals with disabilities, Elementary and secondary education, Federally affected areas, Grant programs—education, Indians—education, Reporting and recordkeeping requirements, School construction. Dated: September 13, 2018. Frank Brogan, Assistant Secretary for Elementary and Secondary Education. Accordingly, part 222 of title 34 of the Code of Federal Regulations is corrected by making the following amendments: PART 222—IMPACT AID PROGRAMS 1. The authority citation for part 222 continues to read as follows: ■ Authority: 20 U.S.C. 7701–7714, unless otherwise noted. 2. Section 222.161 is amended by revising paragraph (c) to read as follows: ■ § 222.161 How is State aid treated under section 7009 of the Act? * * * * * (c) Definitions. The following definitions apply to this subpart: Current expenditures is defined in section 7013(4) of the Act. Additionally, for the purposes of this section it does not include expenditures of funds received by the agency under sections 7002 and 7003(b) (including hold harmless payments calculated under section 7003(e)) that are not taken into consideration under the State aid program and exceed the proportion of those funds that the State would be allowed to take into consideration under § 222.162. Equalize expenditures means to meet the standard set forth in § 222.162. Local tax revenues means compulsory charges levied by an LEA or by an intermediate school district or other local governmental entity on behalf of E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations an LEA for current expenditures for educational services. ‘‘Local tax revenues’’ include the proceeds of ad valorem taxes, sales and use taxes, income taxes and other taxes. Where a State funding formula requires a local contribution equivalent to a specified mill tax levy on taxable real or personal property or both, ‘‘local tax revenues’’ include any revenues recognized by the State as satisfying that local contribution requirement. Local tax revenues covered under a State equalization program means ‘‘local tax revenues’’ as defined in paragraph (c) of this section contributed to or taken into consideration in a State aid program subject to a determination under this subpart, but excluding all revenues from State and Federal sources. Revenue means an addition to assets that does not increase any liability, does not represent the recovery of an expenditure, does not represent the cancellation of certain liabilities without a corresponding increase in other liabilities or a decrease in assets, and does not represent a contribution of fund capital in food service or pupil activity funds. Furthermore, the term ‘‘revenue’’ includes only revenue for current expenditures. State aid means any contribution, no repayment for which is expected, made by a State to or on behalf of LEAs within the State for current expenditures for the provision of free public education. Total local tax revenues means all ‘‘local tax revenues’’ as defined in paragraph (c) of this section, including tax revenues for education programs for children needing special services, vocational education, transportation, and the like during the period in question but excluding all revenues from State and Federal sources. * * * * * [FR Doc. 2018–20221 Filed 9–17–18; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 2 [Docket ID: NPS–2018–0003; NPS–WASO– 25595; PPWOVPADU0/PPMPRLE1Y.Y00000] daltland on DSKBBV9HB2PROD with RULES RIN 1024–AE44 Transporting Bows and Crossbows Across National Park System Units National Park Service, Interior. Final rule. AGENCY: ACTION: The National Park Service allows individuals to carry or possess an SUMMARY: VerDate Sep<11>2014 16:42 Sep 17, 2018 Jkt 244001 unloaded bow or crossbow within the National Park System when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible. This rule is effective on October 18, 2018. DATES: The comments received on the proposed rule and an economic analysis are available on www.regulations.gov in Docket ID: NPS– 2018–0003. ADDRESSES: Jay Calhoun, NPS Regulations Program, 1849 C Street NW, Washington, DC 20240. Phone: (202) 513–7112. Email: waso_regulations@nps.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background National Park Service (NPS) regulations at 36 CFR 2.4(b)(3) allow bows and crossbows that are not ready for immediate use to be possessed by individuals in NPS-administered areas within a mechanical mode of conveyance. This provides regulatory relief for transient individuals passing through park areas in vehicles and other forms of mechanical transport. This rule extends this relief to individuals transporting unloaded bows and crossbows on foot or horseback when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible. Possessing bows and crossbows in this manner is subject to applicable state laws and is not allowed if the individual is otherwise prohibited by law from possessing a bow or crossbow. This rule recognizes and addresses the difficulties faced by some individuals attempting to access private property or other lands and waters adjacent to NPS-administered areas. In some cases, the use of mechanical transport to access these adjacent lands and waters is impracticable. As a result, individuals must traverse NPS areas on foot or horseback to reach these lands and waters but under existing regulations cannot do so with bows and crossbows without first obtaining a permit from the park Superintendent. This rule removes the permit requirement in order to carry or possess bows or crossbows for this purpose. This rule does not change the regulations in 36 CFR part 2 governing the use of a bow or crossbow in park areas. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 47071 Summary of and Responses to Public Comments on the Proposed Rule The NPS published the proposed rule on March 2, 2018 (83 FR 8959), with request for public comment through the Federal eRulemaking portal at www.regulations.gov, or by mail or hand delivery. The 60-day comment period ended on May 1, 2018. The NPS received 40 comments, 34 of which supported the proposed rule and did not request any changes. Other comments were not in favor of the proposed rule or were in favor but suggested changes. A summary of these comments and NPS responses is provided below. After taking the public comments into consideration, the NPS has not made any changes in the final rule. 1. Comment. Several commenters expressed concern that the rule will cause individuals to use bows and crossbows illegally, either within the National Park System or on adjacent lands where hunting is not allowed. These commenters are concerned that this illegal activity will adversely impact threatened or endangered wildlife. NPS Response: This rule does not change NPS regulations governing the use of weapons, including bows and crossbows, within the National Park System. Illegal hunting will remain illegal in the same manner that it was before this rule. Unfortunately illegal hunting and trapping does occur. NPS law enforcement staff work alone and with state and local partners to identify illegal activity and prosecute offenders according to the law. The NPS does not believe that individuals who are willing to hunt and trap illegally will be emboldened by this rule. These individuals are unlikely to have requested a permit from the NPS prior to bringing bows and crossbows into NPS areas in order to hunt or trap illegally. Existing NPS regulations allow individuals to travel through NPS lands with bows and crossbows in a motor vehicle. The NPS does not believe that a person who is willing to engage in illegal hunting would be deterred from doing so by existing regulation, which requires motorized transport of his or her bow or crossbow, especially when NPS regulations allow individuals to carry firearms within the National Park System outside of a motor vehicle without needing to obtain a permit. 2. Comment. Several commenters were concerned that this rule would result in individuals leaving bows, crossbows, and related equipment, such as arrows and quivers, behind on NPS lands. E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47070-47071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20221]


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DEPARTMENT OF EDUCATION

34 CFR Part 222

RIN 1810-AB24
[Docket ID ED-2015-OESE-0109]


Impact Aid Program; Corrections

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Final regulations; correcting amendments.

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

SUMMARY: The Department of Education (Department) published final 
regulations in the Federal Register on September 20, 2016 to amend the 
Impact Aid Program (IAP) regulations issued under title VII of the 
Elementary and Secondary Education Act of 1965, as amended by the Every 
Student Succeeds Act. The amendatory instructions at the end of the 
2016 final rule inadvertently removed some definitions from these 
regulations. This document corrects the regulations by adding those 
definitions back into the Code of Federal Regulations (CFR).

DATES: These regulations are effective September 18, 2018.

FOR FURTHER INFORMATION CONTACT: Kristen Walls, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 3C103, Washington, DC 20202. 
Telephone: (202) 260-3858. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: On September 20, 2016, the Secretary 
published final regulations for this program in the Federal Register 
(81 FR 64728). The amendatory instructions for Sec.  222.161 resulted 
in some of the definitions from Sec.  222.161 being mistakenly removed. 
It was not our intention to remove these definitions through that 
rulemaking and the preamble to the proposed or final rule never 
indicated that we were removing these definitions. We are taking this 
action to correct the regulations. The definitions that were removed 
and that we are adding back in their proper place are: Equalize 
expenditures, local tax revenues, local tax revenues covered under a 
State equalization program, revenue, State aid, and total local tax.

Waiver of Rulemaking

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the 
Department generally offers interested parties the opportunity to 
comment on proposed regulations. However, the APA provides that an 
agency is not required to conduct notice-and-comment rulemaking when 
the agency, for good cause, finds that notice and public comment 
thereon are impracticable, unnecessary, or contrary to the public 
interest (5 U.S.C. 553(b)(B)). There is good cause to waive rulemaking 
here as unnecessary.
    Rulemaking is ``unnecessary'' in those situations in which ``the 
administrative rule is a routine determination, insignificant in nature 
and impact, and inconsequential to the industry and to the public.'' 
Utility Solid Waste Activities Group v. EPA, 236 F.3d 749, 755 (D.C. 
Cir. 2001), quoting U.S. Department of Justice, Attorney General's 
Manual on the Administrative Procedure Act 31 (1947) and South Carolina 
v. Block, 558 F. Supp. 1004, 1016 (D.S.C. 1983).
    These regulations merely restore the regulatory definitions as they 
appeared in the CFR prior to their unintended removal in connection 
with the 2016 Impact Aid final rule. Because the definitions were 
originally adopted through notice-and-comment rulemaking and their 
removal was in error, rulemaking to restore the definitions is 
unnecessary.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., Braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other 
documents of this Department published in the Federal Register, in text 
or Portable Document Format (PDF). To use PDF you must have Adobe 
Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

(Catalog of Federal Domestic Assistance Number 84.041 Impact Aid)

List of Subjects in 34 CFR Part 222

    Administrative practice and procedure, Education of individuals 
with disabilities, Elementary and secondary education, Federally 
affected areas, Grant programs--education, Indians--education, 
Reporting and recordkeeping requirements, School construction.

    Dated: September 13, 2018.
Frank Brogan,
Assistant Secretary for Elementary and Secondary Education.

    Accordingly, part 222 of title 34 of the Code of Federal 
Regulations is corrected by making the following amendments:

PART 222--IMPACT AID PROGRAMS

0
1. The authority citation for part 222 continues to read as follows:

    Authority:  20 U.S.C. 7701-7714, unless otherwise noted.


0
2. Section 222.161 is amended by revising paragraph (c) to read as 
follows:


Sec.  222.161  How is State aid treated under section 7009 of the Act?

* * * * *
    (c) Definitions. The following definitions apply to this subpart:
    Current expenditures is defined in section 7013(4) of the Act. 
Additionally, for the purposes of this section it does not include 
expenditures of funds received by the agency under sections 7002 and 
7003(b) (including hold harmless payments calculated under section 
7003(e)) that are not taken into consideration under the State aid 
program and exceed the proportion of those funds that the State would 
be allowed to take into consideration under Sec.  222.162.
    Equalize expenditures means to meet the standard set forth in Sec.  
222.162.
    Local tax revenues means compulsory charges levied by an LEA or by 
an intermediate school district or other local governmental entity on 
behalf of

[[Page 47071]]

an LEA for current expenditures for educational services. ``Local tax 
revenues'' include the proceeds of ad valorem taxes, sales and use 
taxes, income taxes and other taxes. Where a State funding formula 
requires a local contribution equivalent to a specified mill tax levy 
on taxable real or personal property or both, ``local tax revenues'' 
include any revenues recognized by the State as satisfying that local 
contribution requirement.
    Local tax revenues covered under a State equalization program means 
``local tax revenues'' as defined in paragraph (c) of this section 
contributed to or taken into consideration in a State aid program 
subject to a determination under this subpart, but excluding all 
revenues from State and Federal sources.
    Revenue means an addition to assets that does not increase any 
liability, does not represent the recovery of an expenditure, does not 
represent the cancellation of certain liabilities without a 
corresponding increase in other liabilities or a decrease in assets, 
and does not represent a contribution of fund capital in food service 
or pupil activity funds. Furthermore, the term ``revenue'' includes 
only revenue for current expenditures.
    State aid means any contribution, no repayment for which is 
expected, made by a State to or on behalf of LEAs within the State for 
current expenditures for the provision of free public education.
    Total local tax revenues means all ``local tax revenues'' as 
defined in paragraph (c) of this section, including tax revenues for 
education programs for children needing special services, vocational 
education, transportation, and the like during the period in question 
but excluding all revenues from State and Federal sources.
* * * * *
[FR Doc. 2018-20221 Filed 9-17-18; 8:45 am]
BILLING CODE 4000-01-P