Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Proposed Rules 31565 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, you may review a Privacy 

Act notice regarding the Federal Docket 

Management System in the March 24, 

2005, issue of the Federal Register (70 

FR 15086). 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

Web site’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0286 to read as 

follows: 

§ 165.T08–0286 Safety Zone; Allegheny 

River Mile 44.1 to Mile 45.1, Kittanning, PA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Allegheny River mile 44.1 to mile 45.1. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Pittsburgh (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23 of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative at 412–221–0807. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(d) Enforcement period. This section 

will be enforced from 9:00 a.m. to 7:00 

p.m. beginning on August 19, 2016 and 

through August 21, 2016. 

(e) Informational Broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the safety zone 

as well as any changes in the dates and 

times of enforcement. 

Dated: April 27, 2016. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Pittsburgh. 

[FR Doc. 2016–11822 Filed 5–18–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[EPA–R09–OAR–2016–0120; FRL–9946–59– 

Region 9] 

Clean Air Act Grant: South Coast Air 

Quality Management District; 

Opportunity for Public Hearing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed action; determination 

with request for comments and notice of 

opportunity for public hearing. 

SUMMARY: The Environmental Protection 

Agency (EPA) has made a proposed 

determination that the reduction in 

expenditures of non-Federal funds for 

the South Coast Air Quality 

Management District (SCAQMD) in 

support of its continuing air program 

under section 105 of the Clean Air Act 

(CAA) for the calendar year 2015 is a 

result of non-selective reductions in 

expenditures. This determination, when 

final, will permit the SCAQMD to 

receive grant funding for FY2016 from 

the EPA under section 105 of the Clean 

Air Act. 

DATES: Comments and/or requests for a 

public hearing must be received by the 

EPA at the address stated below by June 

20, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. [EPA–R09– 

OAR–2016–0120] at http://

www.regulations.gov, or via email to 

Lance.Gary@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the Web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Gary 

Lance, EPA Region IX, Grants and 

Program Integration Office, Air Division, 

75 Hawthorne Street, San Francisco, CA 

94105–3901; phone: (415) 972–3992, 

fax: (415) 947–3579 or email address at 

lance.gary@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

105 of the Clean Air Act (CAA) provides 

grant support for the continuing air 

programs of eligible state, local, and 

tribal agencies. In accordance with 40 

CFR 35.145(a), the Regional 

Administrator may provide air pollution 

control agencies up to three-fifths of the 

approved costs of implementing 

programs for the prevention and control 

of air pollution. Section 105 contains 

two cost-sharing provisions which 

recipients must meet to qualify for a 

CAA section 105 grant. An eligible 

entity must meet a minimum 40% 

match. In addition, to remain eligible for 

section 105 funds, an eligible entity 

must continue to meet the minimum 

match requirement as well as meet a 

maintenance of effort (MOE) 

requirement under section 105(c)(1) of 

the CAA, 42 U.S.C. 7405. 

Program activities relevant to the 

match consist of both recurring and 

non-recurring (unique, one-time only) 

expenses. The MOE provision requires 

that a state or local agency spend at least 

the same dollar level of funds as it did 

in the previous grant year, but only for 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
31566 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Proposed Rules 

the costs of recurring activities. 

Specifically, section 105(c) (1), 42 

U.S.C. 7405(c)(1) provides that ‘‘no 

agency shall receive any grant under 

this section during any fiscal year when 

its expenditures of non-Federal funds 

for recurrent expenditures for air 

pollution control programs will be less 

than its expenditures were for such 

programs during the preceding fiscal 

year.’’ Pursuant to CAA section 

105(c)(2), however, the EPA may still 

award a grant to an agency not meeting 

the requirements of section 105(c)(1), ‘‘if 

the Administrator, after notice and 

opportunity for public hearing, 

determines that a reduction in 

expenditures is attributable to a nonselective reduction in the expenditures 

in the programs of all Executive branch 

agencies of the applicable unit of 

Government.’’ These statutory 

requirements are repeated in the EPA’s 

implementing regulations at 40 CFR 

35.140 through 35.148. The EPA issued 

additional guidance to recipients on 

what constitutes a nonselective 

reduction on September 30, 2011. In 

consideration of legislative history, the 

guidance clarified that a non-selective 

reduction does not necessarily mean 

that each Executive branch agency need 

be reduced in equal proportion. 

However, it must be clear to the EPA, 

from the weight of evidence, that a 

recipient’s CAA-related air program is 

not being disproportionately impacted 

or singled out for a reduction. 

A section 105 recipient must submit 

a final financial status report no later 

than 90 days from the close of its grant 

period that documents all of its federal 

and non-federal expenditures for the 

completed period. The recipient seeking 

an adjustment to its MOE for that period 

must provide the rationale and the 

documentation necessary to enable the 

EPA to make a determination that a 

nonselective reduction has occurred. In 

order to expedite that determination, the 

recipient must provide details of the 

budget action and the comparative fiscal 

impacts on all the jurisdiction’s 

executive branch agencies, the recipient 

agency itself, and the agency’s air 

program. The recipient should identify 

any executive branch agencies or 

programs that should be excepted from 

comparison and explain why. The 

recipient must provide evidence that the 

air program is not being singled out for 

a reduction or being disproportionately 

reduced. Documentation in key areas 

will be needed: Budget data specific to 

the recipient’s air program, and 

comparative budget data between the 

recipient’s air program, the agency 

containing the air program, and the 

other executive branch agencies. The 

EPA may also request information from 

the recipient about how impacts on its 

program operations will affect its ability 

to meet its CAA obligations and 

requirements; and documentation 

which explains the cause of the 

reduction, such as legislative changes or 

the issuance of a new executive order. 

In FY–2015, the EPA awarded the 

SCAQMD $5,082,526, which 

represented approximately 5% of the 

SCAQMD budget. In FY–2016, the EPA 

intends to award the SCAQMD 

approximately $5,039,863, which 

represents roughly 5% of the SCAQMD 

budget. 

SCAQMD’s final Federal Financial 

Report for FY–2014 indicated that 

SCAQMD’s maintenance of effort (MOE) 

level was $106,315,128. SCAQMD’s 

final Federal Financial Report for FY– 

2015 indicates that SCAQMD’s 

maintenance of effort (MOE) level was 

$105,858,708. The reduced MOE is not 

sufficient to meet the MOE requirements 

under the CAA section 105 because it is 

not equal to or greater than the MOE for 

the previous fiscal year. 

In order for the SCAQMD to be 

eligible to receive its FY–2016 CAA 

section 105 grant, the EPA must make 

a determination, (after notice and an 

opportunity for a public hearing), that 

the reduction in expenditures is 

attributable to a non-selective reduction 

in the expenditures in the programs of 

the South Coast Air Quality 

Management District. 

The South Coast Air Quality 

Management District is a single-purpose 

air pollution control agency whose 

primary source of funding is from 

stationary sources of emissions. It is the 

‘‘unit of government for section 105 

(c)(2) purposes.’’ 

The Maintenance of Effort (MOE) 

level for FY–2015 is higher than the last 

MOE adjustment in FY 2013. 

Specifically, the MOE for FY–2015 is 

$762,655 higher than the FY–2013 level, 

the last time a non-selective reduction 

was approved. As compared to the FY– 

2014 level, the FY–2015 MOE is 

$456,420 or 0.43% lower. 

The FY–2015 MOE was lower than 

the FY–2014 level due to relatively high 

uncollectible accounts receivable 

expenditures in FY–2014. Without this 

higher level of uncollectible accounts 

receivable in FY–2014, the MOE level 

would have been met in FY–2015. 

Also, in FY 2014–15, ‘‘Other 

Revenue’’ decreased by $10.5 million 

from FY 2013–14 and total revenue 

(Stationary Sources and Other Revenue) 

for this time period decreased by $9.3 

million. This unpredictable revenue 

decrease, combined with lower levels of 

Stationary Source revenues since FY– 

2009–10, results in SCAQMD budget 

reductions. This may cause fluctuations 

in the MOE level from year to year. 

Stationary Source Revenues and Other 

Revenue for FY–2012–13 through 2014– 

15 is detailed below. 

Year Stationary 

sources Other revenue 

2013 .......... $83,307,359 $49,624,690 

2014 .......... 84,341,483 60,438,706 

2015 .......... 85,546,869 49,962,777 

The request for a reset of SCAQMD’s 

MOE meets the criteria for a nonselective reduction determination based 

on: 1. SCAQMD’s inability to levy taxes, 

2. regulated and voluntary emissions 

reductions, 3. agency-wide expenditure 

cuts, and 4. use of financial reserves to 

balance the budget. 

Although SCAQMD receives less than 

5 percent of its support from the section 

105 grant, the loss of that funding would 

seriously impact SCAQMD’s ability to 

carry out its clean air program. 

The SCAQMD’s MOE reduction 

resulted from a loss of revenues due to 

circumstances beyond its control. The 

EPA proposes to determine that 

lowering SCAQMD’s FY–2015 MOE 

level to $105,858,708 meets the CAA 

section 105(c)(2) criteria as resulting 

from a non-selective reduction of 

expenditures. 

This notice constitutes a request for 

public comment and an opportunity for 

public hearing as required by the Clean 

Air Act. All written comments received 

by June 20, 2016 on this proposal will 

be considered. The EPA will conduct a 

public hearing on this proposal only if 

a written request for such is received by 

the EPA at the address above by June 20, 

2016. If no written request for a hearing 

is received, the EPA will proceed to the 

final determination. While notice of the 

final determination will not be 

published in the Federal Register, 

copies of the determination can be 

obtained by sending a written request to 

Gary Lance at the above address. 

Dated: May 10, 2016. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–11843 Filed 5–18–16; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSK3SPTVN1PROD with PROPOSALS