83_FR_47251 83 FR 47070 - Impact Aid Program; Corrections

83 FR 47070 - Impact Aid Program; Corrections

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 181 (September 18, 2018)

Page Range47070-47071
FR Document2018-20221

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).

Federal Register, Volume 83 Issue 181 (Tuesday, September 18, 2018)
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)]
[Rules and Regulations]
[Pages 47070-47071]
From the Federal Register Online  [www.thefederalregister.org]
[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.thefederalregister.org/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



                                             47070            Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations

                                             from 11:30 a.m. through 5 p.m. on                       § 222.161 resulted in some of the                     document, as well as all other
                                             October 6, 2018, and from 11:30 a.m.                    definitions from § 222.161 being                      documents of this Department
                                             through 5 p.m. on October 7, 2018.                      mistakenly removed. It was not our                    published in the Federal Register, in
                                                2. On page 39879, in the second                      intention to remove these definitions                 text or Portable Document Format
                                             column, correct lines 12 through 16 to                  through that rulemaking and the                       (PDF). To use PDF you must have
                                             read:                                                   preamble to the proposed or final rule                Adobe Acrobat Reader, which is
                                                Regulated area from 2:45 p.m. through                never indicated that we were removing                 available free at the site.
                                             4:30 p.m. on October 4, 2018, from                      these definitions. We are taking this                   You may also access documents of the
                                             10:30 a.m. through 5 p.m. on October 5,                 action to correct the regulations. The                Department published in the Federal
                                             2018, from 11:30 a.m. through 5 p.m. on                 definitions that were removed and that                Register by using the article search
                                             October 6, 2018, and from 11:30 a.m.                    we are adding back in their proper place              feature at: www.federalregister.gov.
                                             through 5.                                              are: Equalize expenditures, local tax                 Specifically, through the advanced
                                               Dated: September 12, 2018.                            revenues, local tax revenues covered                  search feature at this site, you can limit
                                                                                                     under a State equalization program,                   your search to documents published by
                                             Joseph B. Loring,
                                                                                                     revenue, State aid, and total local tax.              the Department.
                                             Captain, U.S. Coast Guard, Captain of the
                                             Port Maryland-National Capital Region.                  Waiver of Rulemaking                                  (Catalog of Federal Domestic Assistance
                                             [FR Doc. 2018–20206 Filed 9–17–18; 8:45 am]                                                                   Number 84.041 Impact Aid)
                                                                                                        Under the Administrative Procedure
                                             BILLING CODE 9110–04–P                                  Act (APA) (5 U.S.C. 553), the                         List of Subjects in 34 CFR Part 222
                                                                                                     Department generally offers interested                  Administrative practice and
                                                                                                     parties the opportunity to comment on                 procedure, Education of individuals
                                             DEPARTMENT OF EDUCATION                                 proposed regulations. However, the                    with disabilities, Elementary and
                                                                                                     APA provides that an agency is not                    secondary education, Federally affected
                                             34 CFR Part 222                                         required to conduct notice-and-                       areas, Grant programs—education,
                                             RIN 1810–AB24                                           comment rulemaking when the agency,                   Indians—education, Reporting and
                                                                                                     for good cause, finds that notice and                 recordkeeping requirements, School
                                             [Docket ID ED–2015–OESE–0109]                           public comment thereon are                            construction.
                                                                                                     impracticable, unnecessary, or contrary
                                             Impact Aid Program; Corrections                                                                                 Dated: September 13, 2018.
                                                                                                     to the public interest (5 U.S.C.
                                             AGENCY:  Office of Elementary and                       553(b)(B)). There is good cause to waive              Frank Brogan,
                                             Secondary Education, Department of                      rulemaking here as unnecessary.                       Assistant Secretary for Elementary and
                                             Education.                                                 Rulemaking is ‘‘unnecessary’’ in those             Secondary Education.
                                             ACTION: Final regulations; correcting
                                                                                                     situations in which ‘‘the administrative                Accordingly, part 222 of title 34 of the
                                             amendments.                                             rule is a routine determination,                      Code of Federal Regulations is corrected
                                                                                                     insignificant in nature and impact, and               by making the following amendments:
                                             SUMMARY:   The Department of Education                  inconsequential to the industry and to
                                             (Department) published final                            the public.’’ Utility Solid Waste                     PART 222—IMPACT AID PROGRAMS
                                             regulations in the Federal Register on                  Activities Group v. EPA, 236 F.3d 749,
                                             September 20, 2016 to amend the                         755 (D.C. Cir. 2001), quoting U.S.                    ■ 1. The authority citation for part 222
                                             Impact Aid Program (IAP) regulations                    Department of Justice, Attorney                       continues to read as follows:
                                             issued under title VII of the Elementary                General’s Manual on the Administrative                  Authority: 20 U.S.C. 7701–7714, unless
                                             and Secondary Education Act of 1965,                    Procedure Act 31 (1947) and South                     otherwise noted.
                                             as amended by the Every Student                         Carolina v. Block, 558 F. Supp. 1004,                 ■ 2. Section 222.161 is amended by
                                             Succeeds Act. The amendatory                            1016 (D.S.C. 1983).                                   revising paragraph (c) to read as follows:
                                             instructions at the end of the 2016 final                  These regulations merely restore the
                                             rule inadvertently removed some                         regulatory definitions as they appeared               § 222.161 How is State aid treated under
                                             definitions from these regulations. This                in the CFR prior to their unintended                  section 7009 of the Act?
                                             document corrects the regulations by                    removal in connection with the 2016                   *     *     *    *     *
                                             adding those definitions back into the                  Impact Aid final rule. Because the                      (c) Definitions. The following
                                             Code of Federal Regulations (CFR).                      definitions were originally adopted                   definitions apply to this subpart:
                                             DATES: These regulations are effective                  through notice-and-comment                               Current expenditures is defined in
                                             September 18, 2018.                                     rulemaking and their removal was in                   section 7013(4) of the Act. Additionally,
                                                                                                     error, rulemaking to restore the                      for the purposes of this section it does
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     definitions is unnecessary.                           not include expenditures of funds
                                             Kristen Walls, U.S. Department of                          Accessible Format: Individuals with                received by the agency under sections
                                             Education, 400 Maryland Avenue SW,                      disabilities can obtain this document in              7002 and 7003(b) (including hold
                                             Room 3C103, Washington, DC 20202.                       an accessible format (e.g., Braille, large            harmless payments calculated under
                                             Telephone: (202) 260–3858. Email:                       print, audiotape, or compact disc) on                 section 7003(e)) that are not taken into
                                             Kristen.walls@ed.gov.                                   request to the program contact person                 consideration under the State aid
                                                If you use a telecommunications                      listed under FOR FURTHER INFORMATION                  program and exceed the proportion of
                                             device for the deaf (TDD) or a text
                                                                                                     CONTACT.                                              those funds that the State would be
                                             telephone (TTY), call the Federal Relay                    Electronic Access to This Document:                allowed to take into consideration under
                                             Service (FRS), toll free, at 1–800–877–                 The official version of this document is
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                                                                                                                                                           § 222.162.
                                             8339.                                                   the document published in the Federal                    Equalize expenditures means to meet
                                             SUPPLEMENTARY INFORMATION:    On                        Register. You may access the official                 the standard set forth in § 222.162.
                                             September 20, 2016, the Secretary                       edition of the Federal Register and the                  Local tax revenues means compulsory
                                             published final regulations for this                    Code of Federal Regulations via the                   charges levied by an LEA or by an
                                             program in the Federal Register (81 FR                  Federal Digital System at: www.gpo.gov/               intermediate school district or other
                                             64728). The amendatory instructions for                 fdsys. At this site you can view this                 local governmental entity on behalf of


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                                                              Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations                                     47071

                                             an LEA for current expenditures for                     unloaded bow or crossbow within the                   Summary of and Responses to Public
                                             educational services. ‘‘Local tax                       National Park System when accessing                   Comments on the Proposed Rule
                                             revenues’’ include the proceeds of ad                   otherwise inaccessible lands or waters
                                             valorem taxes, sales and use taxes,                                                                              The NPS published the proposed rule
                                                                                                     contiguous to a park area when other
                                             income taxes and other taxes. Where a                                                                         on March 2, 2018 (83 FR 8959), with
                                                                                                     means of access are otherwise
                                             State funding formula requires a local                                                                        request for public comment through the
                                                                                                     impracticable or impossible.                          Federal eRulemaking portal at
                                             contribution equivalent to a specified
                                             mill tax levy on taxable real or personal               DATES: This rule is effective on October              www.regulations.gov, or by mail or hand
                                             property or both, ‘‘local tax revenues’’                18, 2018.                                             delivery. The 60-day comment period
                                             include any revenues recognized by the                                                                        ended on May 1, 2018. The NPS
                                                                                                     ADDRESSES:   The comments received on                 received 40 comments, 34 of which
                                             State as satisfying that local                          the proposed rule and an economic
                                             contribution requirement.                                                                                     supported the proposed rule and did not
                                                                                                     analysis are available on                             request any changes. Other comments
                                                Local tax revenues covered under a
                                                                                                     www.regulations.gov in Docket ID: NPS–                were not in favor of the proposed rule
                                             State equalization program means
                                                                                                     2018–0003.                                            or were in favor but suggested changes.
                                             ‘‘local tax revenues’’ as defined in
                                             paragraph (c) of this section contributed               FOR FURTHER INFORMATION CONTACT:  Jay                 A summary of these comments and NPS
                                             to or taken into consideration in a State               Calhoun, NPS Regulations Program,                     responses is provided below. After
                                             aid program subject to a determination                  1849 C Street NW, Washington, DC                      taking the public comments into
                                             under this subpart, but excluding all                   20240. Phone: (202) 513–7112. Email:                  consideration, the NPS has not made
                                             revenues from State and Federal                         waso_regulations@nps.gov.                             any changes in the final rule.
                                             sources.                                                                                                         1. Comment. Several commenters
                                                Revenue means an addition to assets                  SUPPLEMENTARY INFORMATION:                            expressed concern that the rule will
                                             that does not increase any liability, does              Background                                            cause individuals to use bows and
                                             not represent the recovery of an                                                                              crossbows illegally, either within the
                                             expenditure, does not represent the                        National Park Service (NPS)                        National Park System or on adjacent
                                             cancellation of certain liabilities                     regulations at 36 CFR 2.4(b)(3) allow                 lands where hunting is not allowed.
                                             without a corresponding increase in                     bows and crossbows that are not ready                 These commenters are concerned that
                                             other liabilities or a decrease in assets,              for immediate use to be possessed by                  this illegal activity will adversely
                                             and does not represent a contribution of                individuals in NPS-administered areas                 impact threatened or endangered
                                             fund capital in food service or pupil                   within a mechanical mode of                           wildlife.
                                             activity funds. Furthermore, the term                   conveyance. This provides regulatory                     NPS Response: This rule does not
                                             ‘‘revenue’’ includes only revenue for                   relief for transient individuals passing              change NPS regulations governing the
                                             current expenditures.                                                                                         use of weapons, including bows and
                                                State aid means any contribution, no                 through park areas in vehicles and other
                                                                                                     forms of mechanical transport. This rule              crossbows, within the National Park
                                             repayment for which is expected, made
                                                                                                     extends this relief to individuals                    System. Illegal hunting will remain
                                             by a State to or on behalf of LEAs within
                                                                                                     transporting unloaded bows and                        illegal in the same manner that it was
                                             the State for current expenditures for
                                                                                                     crossbows on foot or horseback when                   before this rule. Unfortunately illegal
                                             the provision of free public education.
                                                Total local tax revenues means all                   accessing otherwise inaccessible lands                hunting and trapping does occur. NPS
                                             ‘‘local tax revenues’’ as defined in                    or waters contiguous to a park area                   law enforcement staff work alone and
                                             paragraph (c) of this section, including                when other means of access are                        with state and local partners to identify
                                             tax revenues for education programs for                 otherwise impracticable or impossible.                illegal activity and prosecute offenders
                                             children needing special services,                      Possessing bows and crossbows in this                 according to the law. The NPS does not
                                             vocational education, transportation,                   manner is subject to applicable state                 believe that individuals who are willing
                                             and the like during the period in                       laws and is not allowed if the individual             to hunt and trap illegally will be
                                             question but excluding all revenues                     is otherwise prohibited by law from                   emboldened by this rule. These
                                             from State and Federal sources.                         possessing a bow or crossbow.                         individuals are unlikely to have
                                                                                                                                                           requested a permit from the NPS prior
                                             *     *      *     *     *                                 This rule recognizes and addresses                 to bringing bows and crossbows into
                                             [FR Doc. 2018–20221 Filed 9–17–18; 8:45 am]             the difficulties faced by some                        NPS areas in order to hunt or trap
                                             BILLING CODE 4000–01–P                                  individuals attempting to access private              illegally. Existing NPS regulations allow
                                                                                                     property or other lands and waters                    individuals to travel through NPS lands
                                                                                                     adjacent to NPS-administered areas. In                with bows and crossbows in a motor
                                             DEPARTMENT OF THE INTERIOR                              some cases, the use of mechanical                     vehicle. The NPS does not believe that
                                                                                                     transport to access these adjacent lands              a person who is willing to engage in
                                             National Park Service
                                                                                                     and waters is impracticable. As a result,             illegal hunting would be deterred from
                                             36 CFR Part 2                                           individuals must traverse NPS areas on                doing so by existing regulation, which
                                                                                                     foot or horseback to reach these lands                requires motorized transport of his or
                                             [Docket ID: NPS–2018–0003; NPS–WASO–                    and waters but under existing                         her bow or crossbow, especially when
                                             25595; PPWOVPADU0/PPMPRLE1Y.Y00000]                     regulations cannot do so with bows and                NPS regulations allow individuals to
                                             RIN 1024–AE44                                           crossbows without first obtaining a                   carry firearms within the National Park
                                                                                                     permit from the park Superintendent.                  System outside of a motor vehicle
                                             Transporting Bows and Crossbows                         This rule removes the permit                          without needing to obtain a permit.
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                                             Across National Park System Units                       requirement in order to carry or possess                 2. Comment. Several commenters
                                             AGENCY:    National Park Service, Interior.             bows or crossbows for this purpose.                   were concerned that this rule would
                                             ACTION:   Final rule.                                   This rule does not change the                         result in individuals leaving bows,
                                                                                                     regulations in 36 CFR part 2 governing                crossbows, and related equipment, such
                                             SUMMARY:  The National Park Service                     the use of a bow or crossbow in park                  as arrows and quivers, behind on NPS
                                             allows individuals to carry or possess an               areas.                                                lands.


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Document Created: 2018-09-18 01:19:18
Document Modified: 2018-09-18 01:19:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal regulations; correcting amendments.
DatesThese regulations are effective September 18, 2018.
ContactKristen Walls, U.S. Department of Education, 400 Maryland Avenue SW, Room 3C103, Washington, DC 20202. Telephone: (202) 260-3858. Email: [email protected]
FR Citation83 FR 47070 
RIN Number1810-AB24
CFR AssociatedAdministrative Practice and Procedure; Education of Individuals with Disabilities; Elementary and Secondary Education; Federally Affected Areas; Grant Programs-Education; Indians-Education; Reporting and Recordkeeping Requirements and School Construction

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