83 FR 47070 - Impact Aid Program; Corrections

DEPARTMENT OF EDUCATION

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

Page Range		47070-47071
FR Document		2018-20221

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.

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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

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.
daltland on DSKBBV9HB2PROD with RULES

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

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		Final regulations; correcting amendments.
Dates		These regulations are effective September 18, 2018.
Contact		Kristen Walls, U.S. Department of Education, 400 Maryland Avenue SW, Room 3C103, Washington, DC 20202. Telephone: (202) 260-3858. Email: [email protected]
FR Citation		83 FR 47070
RIN Number		1810-AB24
CFR Associated		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 and School Construction