81 FR 21478 - RESTORE Act Spill Impact Component Allocation
GULF COAST ECOSYSTEM RESTORATION COUNCIL Federal Register Volume 81, Issue 70 (April 12, 2016)
Federal Register Volume 81, Issue 70 (April 12, 2016)
| Page Range | 21478-21479 | |
| FR Document | 2016-08319 |
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)] [Rules and Regulations] [Pages 21478-21479] From the Federal Register Online [www.thefederalregister.org] [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
![21478 Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations
subject to OMB approval under the governments, or on the distribution of General of the United States prior to
Paperwork Reduction Act (PRA) (44 power and responsibilities among the publication of the rule in the Federal
U.S.C. 3501 et seq.), nor does it require various levels of government or between Register. This action is not a ‘‘major
any special considerations under the Federal Government and Indian rule’’ as defined by 5 U.S.C. 804(2).
Executive Order 12898, entitled tribes. Thus, the Agency has determined
List of Subjects in 40 CFR Part 180
‘‘Federal Actions to Address that Executive Order 13132, entitled
Environmental Justice in Minority ‘‘Federalism’’ (64 FR 43255, August 10, Environmental protection,
Populations and Low-Income 1999) and Executive Order 13175, Administrative practice and procedure,
Populations’’ (59 FR 7629, February 16, entitled ‘‘Consultation and Coordination Agricultural commodities, Pesticides
1994). with Indian Tribal Governments’’ (65 FR and pests, Reporting and recordkeeping
Since tolerances and exemptions that 67249, November 9, 2000) do not apply requirements.
are established on the basis of a petition to this action. In addition, this action Dated: March 31, 2016.
under FFDCA section 408(d), such as does not impose any enforceable duty or G. Jeffrey Herndon,
the exemption in this final rule, do not contain any unfunded mandate as
Director, Registration Division, Office of
require the issuance of a proposed rule, described under Title II of the Unfunded
Pesticide Programs.
the requirements of the Regulatory Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.). Therefore, 40 CFR chapter I is
Flexibility Act (RFA) (5 U.S.C. 601 et amended as follows:
This action does not involve any
seq.), do not apply.
technical standards that would require
This action directly regulates growers, Agency consideration of voluntary PART 180—[AMENDED]
food processors, food handlers, and food consensus standards pursuant to section
retailers, not States or tribes, nor does ■ 1. The authority citation for part 180
12(d) of the National Technology
this action alter the relationships or continues to read as follows:
Transfer and Advancement Act
distribution of power and (NTTAA) (15 U.S.C. 272 note). Authority: 21 U.S.C. 321(q), 346a and 371.
responsibilities established by Congress ■ 2. In § 180.920, add alphabetically the
in the preemption provisions of FFDCA VIII. Congressional Review Act
inert ingredient to the table to read as
section 408(n)(4). As such, the Agency Pursuant to the Congressional Review follows:
has determined that this action will not Act (5 U.S.C. 801 et seq.), EPA will
have a substantial direct effect on States submit a report containing this rule and § 180.920 Inert ingredients used pre-
or tribal governments, on the other required information to the U.S. harvest; exemptions from the requirement
relationship between the national Senate, the U.S. House of of a tolerance.
government and the States or tribal Representatives, and the Comptroller * * * * *
Inert ingredients Limits Uses
* * * * * * *
1,2-Propanediol, 3-[3-[1, 3, 3, 3-tetramethyl-1-[(trimethylsilyl)oxy]-1-disiloxyanyl] Not to exceed 5% by weight of pes- Antifoaming agent.
propoxy]- (CAS Reg. No. 70280–68–1). ticide formulation.
* * * * * * *
[FR Doc. 2016–08282 Filed 4–11–16; 8:45 am] with respect to the civil penalty and United States District Court for the
BILLING CODE 6560–50–P natural resource damages in case Eastern District of Louisiana has entered
number MDL No. 2179. The Gulf Coast the Consent Decree.
Ecosystem Restoration Council On April 4, 2016, the United States
(Council) regulation (Spill Impact District Court for the Eastern District of
GULF COAST ECOSYSTEM
Regulation) that implements the Spill Louisiana entered the Consent Decree.
RESTORATION COUNCIL
Impact Component Allocation of the The Council confirms such entry by
40 CFR Part 1800 Resources and Ecosystems publication of this document, and the
Sustainability, Tourist Opportunities, Spill Impact Regulation is therefore
[Docket Number: 104122016–1111–01] and Revived Economies of the Gulf effective.
Coast States Act of 2012 (RESTORE Act) For more information on the Spill
RESTORE Act Spill Impact Component is effective as of the date of publication Impact Regulation, please see the final
Allocation of this document. rule (80 FR 77580, December 15, 2015).
AGENCY: Gulf Coast Ecosystem DATES: The Spill Impact Regulation is Procedural Requirements
Restoration Council. effective on April 12, 2016.
FOR FURTHER INFORMATION CONTACT: Will Regulatory Planning and Review
ACTION: Notice of effective date of final
Spoon at (504) 239–9814. (Executive Orders 12866 and 13563)
rule.
SUPPLEMENTARY INFORMATION: As an independent Federal entity that
SUMMARY: This document confirms that is comprised, in part, of the Secretaries
jstallworth on DSK7TPTVN1PROD with RULES
on April 4, 2016, the United States Background of the Departments of the Interior,
District Court for the Eastern District of On December 15, 2015, the Council Agriculture, Commerce and Homeland
Louisiana entered a consent decree published the Spill Impact Regulation Security; the Secretary of the Army; and
(Consent Decree) among the United in the Federal Register (80 FR 77580), the Administrator of Environmental
States; the states of Alabama, Florida, to be effective on the date that the Protection Agency, the requirements of
Louisiana, Mississippi and Texas; and Council publishes this document in the Executive Orders 12866 and 13563 do
BP Exploration and Production Inc. Federal Register confirming that the not apply to this document.
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![Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations 21479
Paperwork Reduction Act § 447.203(b). These regulations Comment: A number of commenters
This document contains no collection established that states must develop and recommended that CMS expand the
of information requirements. Therefore submit to CMS an access monitoring services that CMS requires states to
the Paperwork Reduction Act does not review plan by July 1, 2016 for the review in access monitoring plans.
following service categories: Primary Response: Commenters that requested
apply to this document.
care services (including those provided additional services did not provide
(Authority: 33 U.S.C. 1321(t).) by a physician, FQHC, clinic or dental sufficient data to compel us to modify
Justin R. Ehrenwerth, care); physician specialist services (for the list of core services subject to the
example, cardiology, urology, ongoing access reviews. The core
Executive Director, Gulf Coast Ecosystem
Restoration Council. radiology); behavioral health services services included in the final rule with
(including mental health and substance comment period (that is, primary care
[FR Doc. 2016–08319 Filed 4–11–16; 8:45 am]
use disorder); pre- and post-natal services, physician specialist services,
BILLING CODE 6560–58–P
obstetric services, including labor and behavioral health services, pre- and
delivery; and home health services. post-natal obstetric services and home
health services) were selected because
DEPARTMENT OF HEALTH AND II. Discussion and Provisions of This they are frequently used services in
HUMAN SERVICES Final Regulation Medicaid and access to these services
In the November 2, 2015 final rule indicates that an individual has primary
Centers for Medicare & Medicaid
with comment period, we solicited sources of care, which may increase the
Services likelihood of having their care needs
comments on § 447.203(b)(5).
Specifically, we solicited comments on met. We also note the final rule with
42 CFR Part 447 comment period provides providers an
the scope of services required for
[CMS–2328–F2] ongoing review in the review plans, the opportunity and mechanism to bring
elements of review required through the access concerns to the attention of state
RIN 0938–AS89
plans, whether we should allow Medicaid agencies and provide feedback
Medicaid Program; Deadline for exemptions to the rule based on state on rate changes that may have a
Access Monitoring Review Plan program characteristics (for example, negative effect on access before states
Submissions high managed care enrollment), and the submit proposals to CMS.
deadline for submission of the initial Comment: Several commenters
AGENCY: Centers for Medicare & access monitoring review plan. We requested CMS change the due date by
Medicaid Services (CMS), HHS. received many comments that were which states are required to develop and
ACTION: Final rule. outside of the scope of issues on which submit the initial Access Monitoring
we solicited comments. Several Review Plans. Commenters noted that
SUMMARY: In the November 2, 2015 state agency staff may have difficulty
commenters raised concerns over CMS’s
Federal Register, we published a final developing and submitting the initial
characterization in the regulatory
rule with comment period entitled review plans within the July 1, 2016
preamble of the Supreme Court
‘‘Medicaid Program: Methods for timeframe for first year reviews. These
Decision: Armstrong v. Exceptional
Assuring Access to Covered Medicaid commenters offered several different
Child Center, Inc., 135 S. Ct. 1378
Services.’’ The final rule with comment dates as an alternative, including:
(2015). Though we did not solicit
period established that states must January 1, 2017, July 1, 2017, and 6
comments on this issue, we agree with
develop and submit to CMS an access months following the close of the state’s
commenters that the decision is subject
monitoring review plan by July 1, 2016. next legislative session. A number of
to judicial interpretation and we did not
This document revises the deadline for other commenters requested CMS
intend to imply an interpretation by the maintain the timelines established in
states’ access monitoring review plan
agency. the final rule.
submission to CMS until October 1,
2016. The following is a summary of the Response: We established the July 1,
comments and our responses on 2016 deadline for developing and
DATES: Effective Date: These regulations § 447.203(b)(5). submitting the access monitoring review
are effective on April 8, 2016. Comment: We received many plans in the final rule with comment
FOR FURTHER INFORMATION CONTACT: comments requesting that CMS not period after careful consideration of
Jeremy Silanskis, (410) 786–1592. allow exemptions based on high issues raised through comments on the
SUPPLEMENTARY INFORMATION: managed care enrollment or other notice of proposed rulemaking (76 FR
program features. 26342) and after weighing all of the
I. Background Response: While we continue to policies discussed in the final rule.
In the November 2, 2015 Federal consider whether exemptions might be Since issuing the final rule with
Register (80 FR 67576), we published warranted in some circumstances, we comment period, we have been working
the ‘‘Medicaid Program: Methods for believe that further experience with the closely with states on developing the
Assuring Access to Covered Medicaid access monitoring review system set access monitoring review plans. States
Services’’ final rule with comment forth in the final rule with comment are actively engaged in developing plans
period that outlined a transparent data- period is necessary to determine the and have raised significant concerns
driven process for states to document appropriate circumstances. The over fulfilling the requirements of the
whether Medicaid payments are commenters did not offer consistent rule by the July 1, 2016 deadline.
jstallworth on DSK7TPTVN1PROD with RULES
sufficient to enlist providers to assure suggestions or supporting evidence to Several states have noted that additional
beneficiary access to covered care and set a threshold that could exempt states, time will allow them to develop more
services consistent with section nor any suggestions for alternatives robust and proficient review plans, and
1902(a)(30)(A) of the Social Security Act states might use to demonstrate leave them better prepared to analyze
(the Act). This final rule with comment compliance with section 1902(a)(30)(A) and monitor compliance with section
period included new § 447.203(b)(1) of the Act outside of the final rule with 1902(a)(30)(A) of the Act. We agree with
through (8) and revisions to comment period requirements. this assessment and believe that there
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Document Created: 2016-04-12 00:47:09
Document Modified: 2016-04-12 00:47:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of effective date of final rule. | |
| Dates | The Spill Impact Regulation is effective on April 12, 2016. | |
| Contact | Will Spoon at (504) 239-9814. | |
| FR Citation | 81 FR 21478 |
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