61236 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 

SUPPLEMENT NO. 1*—Continued 

[*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in 

any one row is excluded regardless of whether other rows may contain a description that would include the item.] 

USML 

Category Exclusion (CA) § 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

(5) Include a clause requiring that all documentation created from U.S. origin technical data contain the statement that, ‘‘This document 

contains technical data, the use of which is restricted by the U.S. Arms Export Control Act. This data has been provided in accordance with, and is subject to, the limitations specified in § 126.5 of the International Traffic in Arms Regulations (ITAR). By accepting 

this data, the consignee agrees to honor the requirements of the ITAR.’’ 

(c) The U.S. exporter must provide the Directorate of Defense Trade Controls a semi-annual report regarding all of their on-going activities 

authorized under § 126.5 of this subchapter. The report shall include the article(s) being produced; the end-user(s); the end-item into 

which the product is to be incorporated; the intended end-use of the product; and the names and addresses of all the Canadian contractors and subcontractors. 

Note 15: This exclusion does not apply to demining equipment in support of the clearance of landmines and unexploded ordnance for humanitarian purposes. 

As used in this exclusion, ‘‘anti-personnel landmine’’ means any mine placed under, on, or near the ground or other surface area, or delivered 

by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, 

proximity, or contact of a person; any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; any manually-emplaced 

munition or device designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time. 

Note 16: The radar systems described are controlled in USML Category XI(a)(3)(i) through (v). As used in this entry, the term ‘‘systems’’ includes equipment, devices, software, assemblies, modules, components, practices, processes, methods, approaches, schema, frameworks, 

and models. 

PART 130—POLITICAL 

CONTRIBUTIONS, FEES AND 

COMMISSIONS 

■ 15. The authority citation for part 130 

continues to read as follows: 

Authority: Sec. 39, Pub. L. 94–329, 90 

Stat. 767 (22 U.S.C. 2779); 22 U.S.C. 2651a; 

E.O. 13637, 78 FR 16129. 

■ 16. Section 130.8 is amended by 

revising the introductory text of 

paragraph (a) to read as follows: 

§ 130.8 Vendor. 

(a) Vendor means any distributor or 

manufacturer who, directly or 

indirectly, furnishes to an applicant or 

supplier defense articles valued in an 

amount of $500,000 or more which are 

end-items or major components as 

defined in § 120.45 of this subchapter. It 

also means any person who, directly or 

indirectly, furnishes to an applicant or 

supplier defense articles or services 

valued in an amount of $500,000 or 

more when such articles or services are 

to be delivered (or incorporated in 

defense articles or defense services to be 

delivered) to or for the use of the armed 

forces of a foreign country or 

international organization under: 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2014–23792 Filed 10–9–14; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 34 

RIN 1505–AC49 

Gulf Coast Restoration Trust Fund 

AGENCY: Office of the Fiscal Assistant 

Secretary, Treasury. 

ACTION: Interim final rule. 

SUMMARY: The Department of the 

Treasury is issuing regulations 

concerning the amounts available to 

eligible Louisiana parishes from the 

Gulf Coast Restoration Trust Fund, a 

fund established by the Resources and 

Ecosystem Sustainability, Tourist 

Opportunities, and Revived Economies 

of the Gulf Coast States Act of 2012 

(RESTORE Act). These regulations 

amend an interim final rule for the 

RESTORE Act published on August 15, 

2014. 

DATES: Effective October 14, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Please send questions by email to 

RESTORErule@treasury.gov or contact 

Janet Vail, 202–622–6873. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The RESTORE Act makes funds 

available for the restoration and 

protection of the Gulf Coast region 

through a new trust fund in the 

Treasury of the United States, known as 

the Gulf Coast Restoration Trust Fund. 

The trust fund will contain 80 percent 

of the administrative and civil penalties 

paid after July 6, 2012, under the 

Federal Water Pollution Control Act in 

connection with the Deepwater Horizon 

oil spill. One component of the Act, the 

Direct Component, sets aside 35 percent 

of the penalties paid into the trust fund 

for grants to the State of Alabama, the 

State of Mississippi, the State of Texas, 

the State of Louisiana and 20 Louisiana 

parishes, and 23 Florida counties. The 

Direct Component provides an equal 

amount to each of the five Gulf Coast 

States, and allocates 30 percent of 

Louisiana’s share to the 20 eligible 

parishes. 

On September 6, 2013, Treasury 

proposed a rule to implement the Direct 

Component and four other components 

in the RESTORE Act. Among its 

provisions, the proposed rule identified 

the 20 Louisiana parishes eligible to 

receive funds under the Direct 

Component, but not the share of each 

parish. Treasury requested public 

comments on the data and methodology 

for calculating these shares, and 

received comments from the State of 

Louisiana and one Louisiana parish. 

On July 31, 2014, Treasury proposed 

a rule identifying the share of each 

Louisiana parish under the Direct 

Component, based on a formula in the 

RESTORE Act and data from the United 

States Census Bureau and the United 

States Coast Guard. 79 FR 44325. 

Treasury considered the comments 

submitted previously, and opened a 

new public comment period for 30 days. 

Treasury received two substantive 

comments. 

After considering public comments, 

Treasury now issues the regulations as 

an interim final rule. The rule for 

Louisiana parishes amends the 

RESTORE Act rule published on August 

15, 2014 (79 FR 48039), which covers 

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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 61237 

1SCAT data are appropriate for determining the 

share of each Louisiana parish under the relevant 

standards of the Direct Component in the Act. 

Treasury takes no position on the data that may be 

appropriate for other uses in connection with 

ongoing litigation or natural resource damage 

assessments. 

2These estimates are available at http://fact

finder2.census.gov/bkmk/table/1.0/en/PEP/2013/

PEPANNCHG.ST05/0400000US22. 

3The data are available at http://quickfacts.

census.gov/qfd/states/22000.html. 

other aspects of the Direct Component 

and the Act. Both rules take effect on 

October 14, 2014. Treasury will publish 

a final, comprehensive rule for the 

RESTORE Act in the near future. 

II. Public Comment and Summary of 

the Interim Final Rule 

In the July 2014 proposed rule, 

Treasury proposed an allocation for 

each eligible Louisiana parish using a 

statutory formula that has three 

elements: (a) 40 percent based on the 

weighted average of miles of parish 

shoreline oiled, (b) 40 percent based on 

the weighted average of the population 

of the parish, and (c) 20 percent based 

on the weighted average of the land 

mass of the parish. 33 U.S.C. 

1321(t)(1)(D)(i). One commenter 

recommended that Treasury give greater 

weight to miles of oiled shoreline (60 

percent) and less weight to population 

(30 percent) and land mass (10 percent). 

The commenter asserted that its formula 

would be more fair to those parishes 

that were most impacted by the spill. 

The formula in the proposed rule 

comes directly from the RESTORE Act. 

Treasury does not have discretion to 

change the formula in order to favor 

parishes with more oiled shoreline. 

For the three elements in the formula, 

Treasury’s proposed rule used 

government data to determine the share 

of each parish. For the first element, 

Treasury used data from the United 

States Coast Guard showing the number 

of miles of parish shoreline oiled 

between 2010, the initial year of 

response to the Deepwater Horizon spill, 

and July 6, 2012, the date of enactment 

for the RESTORE Act. According to the 

Coast Guard, the data were gathered 

using the Shoreline Clean-up 

Assessment Technique (SCAT), a 

systematic method for surveying an 

affected shoreline after an oil spill.1 The 

second element is the weighted average 

of the parish population. Treasury used 

2012 population estimates for each 

parish published by the United States 

Census Bureau.2 The third element is 

the weighted average of the parish land 

mass. Treasury used data from 2010, the 

most recent available from the United 

States Census Bureau.3

The Act does not specify the year 

Treasury should use for oiled shoreline 

or population. The proposed rule used 

oiled shoreline data collected between 

2010 and 2012, and population data for 

2012, thereby fixing the share of each 

parish in the year of enactment. 

Treasury received two comments on this 

data. One Louisiana parish 

recommended that Treasury use 

population data from 2010, because this 

data is closer in time to the Deepwater 

Horizon incident. Another parish 

preferred 2013 population estimates, 

because these estimates are closer in 

time to publication of the regulation. 

Neither commenter addressed 

Treasury’s oiled shoreline data. 

Treasury’s proposed rule used 2012 

data for both population and oiled 

shoreline, believing this to be a 

reasonable choice that furthers 

Congress’s purposes. While 2010 data 

would be closer in time to the oil spill, 

there is no indication that Congress gave 

this fact any importance. There is also 

no indication that Congress intended to 

base each parish’s share on population 

changes and oiling occurring after 

enactment. Treasury believes that it is 

reasonable to use 2012 data for 

population and oiling, because that data 

best represents conditions in Louisiana 

when Congress passed the Act. It is 

notable that Congress expected 

procedures for implementing the Act 

would be completed shortly after 

enactment, including procedures 

concerning each parish’s share. 

RESTORE Act, Public Law 112–141 sec. 

1602(e), 126 Stat. 588. The Act refers to 

‘‘parish shoreline oiled’’ in the past 

tense. 33 U.S.C. 1321(t)(1)(D)(i)(II)(aa). 

Using data from later years would 

produce results that Congress could not 

have foreseen in 2012. Because 

population in 2013 went up for some 

parishes and down for others, using 

2013 data would increase some parish 

shares and decrease others with little 

correlation to the miles of oiled 

shoreline. Accordingly, Treasury 

interprets the Act as referring to 

shoreline oiled before July 6, 2012, and 

to parish populations in 2012. 

Using the data described above and 

the statutory factors, Treasury 

determined each parish’s share with the 

following formula: Parish allocation = 

(40% * (parish miles oiled/sum of all 

oiled shoreline for eligible parishes)) + 

(40% * (parish population/sum of all 

population for eligible parishes)) + (20% 

* parish land mass/sum of all land mass 

for eligible parishes). A detailed 

description of the data Treasury used to 

determine each parish’s share is 

available in the docket for the interim 

final rule at http://www.regulations.gov, 

and at http://www.treasury.gov/services/ 

restore-act/Pages/default.aspx. The 

resulting shares, which are unchanged 

from the proposed rule, are listed in the 

interim final rule. 

III. Procedural Requirements 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

agencies to prepare a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act or any other statute, 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Treasury previously certified 

that the interim final rule for the entire 

Act, published on August 15, 2014, will 

not have a significant economic impact 

on a substantial number of small 

entities. While that rule describes 

procedures concerning the allocation 

and expenditure of amounts from the 

trust fund, most of these requirements 

come from the Act itself or other Federal 

law, including the total allocation due 

to Louisiana parishes under the Direct 

Component. 

Treasury certifies that the interim 

final rule for Louisiana parishes will not 

have a significant impact on a 

substantial number of small entities. 

This rule affects only 20 Louisiana 

parishes, of which six meet the 

definition of a small entity under the 

RFA. Even if a substantial number of 

small entities was affected, any 

economic impact of this interim final 

rule would be minimal. The interim 

final rule is limited to allocating funds 

to eligible Louisiana parishes according 

to a statutory formula, and does not 

impose any new obligations on these 

parishes. 

B. Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

The interim final rule for the 

RESTORE Act, published on August 15, 

2014, is a significant regulatory action 

as defined in Executive Order 12866, as 

supplemented by Executive Order 

13563. The notification for that rule 

includes a Regulatory Impact 

Assessment, which covers any 

economic impact incident to the interim 

final rule for Louisiana parishes. The 

interim final rule for Louisiana parishes 

has been designated a significant 

regulatory action, although not 

economically significant, and has been 

reviewed by the Office of Management 

and Budget. 

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61238 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 

C. Administrative Procedure Act 

The Administrative Procedure Act (5 

U.S.C. 551 et seq.) (APA) provides that 

agency rules should become effective 30 

days after publication in the Federal 

Register. See 5 U.S.C. 553(d). The APA, 

however, allows agencies to dispense 

with a delayed effective date when the 

agency finds that good cause exists. 5 

U.S.C. 553(d)(3). In this case, Treasury 

finds that good cause exists to effectuate 

this rule on October 14, 2014. As 

discussed earlier in the preamble, this 

rule for Louisiana parishes amends the 

RESTORE Act interim rule that was 

published on August 15, 2014 (79 FR 

48039). The August 15, 2014 interim 

rule covers other aspects of the Direct 

Component and the Act and takes effect 

on October 14, 2014. It would be 

contrary to the public interest to make 

the RESTORE Act funds available to 

some recipients ahead of others. So that 

all entities eligible to receive Direct 

Component funds are treated equally, 

Treasury believes good cause exists to 

make this parishes rule effective on the 

same date as the August 15, 2014 

interim rule. 

List of Subjects in 31 CFR Part 34 

Coastal zone, Fisheries, Grant 

programs, Grants administration, 

Intergovernmental relations, Marine 

resources, Natural resources, Oil 

pollution, Research, Science and 

technology, Trusts, Wildlife. 

For the reasons set forth in the 

preamble, the Department of the 

Treasury amends 31 CFR subtitle A, part 

34, to read as follows: 

PART 34—RESOURCES AND 

ECOSYSTEMS SUSTAINABILITY, 

TOURIST OPPORTUNITIES, AND 

REVIVED ECONOMIES OF THE GULF 

COAST STATES 

■ 1. The authority citation for part 34 

continues to read as follows: 

Authority: 31 U.S.C. 301; 31 U.S.C. 321; 33 

U.S.C. 1251 et seq. 

■ 2. In § 34.302, revise the section 

heading and add a second sentence in 

paragraph (e) to read as follows: 

§ 34.302 Allocation of funds—Direct 

Component. 

* * * * * 

(e) * * * The share of each coastal 

zone parish is as follows: Ascension, 

2.42612%; Assumption, 0.93028%; 

Calcasieu, 5.07063%; Cameron, 

2.10096%; Iberia, 2.55018%; Jefferson, 

11.95309%; Lafourche, 7.86746%; 

Livingston, 3.32725%; Orleans, 

7.12875%; Plaquemines, 17.99998%; St. 

Bernard, 9.66743%; St. Charles, 

1.35717%; St. James, 0.75600%; St. John 

the Baptist, 1.11915%; St. Martin, 

2.06890%; St. Mary, 1.80223%; St. 

Tammany, 5.53058%; Terrebonne, 

9.91281%; Tangipahoa, 3.40337%; and 

Vermilion, 3.02766%. 

* * * * * 

David A. Lebryk, 

Fiscal Assistant Secretary. 

[FR Doc. 2014–24283 Filed 10–9–14; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0862] 

RIN 1625–AA00 

Safety Zone: Suisun Bay 

Electromagnetic Scan and Ordnance 

Recovery, Suisun Bay, Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones in 

the navigable waters of Suisun Bay in 

support of the Military Ocean Terminal 

Concord (MOTCO) electromagnetic scan 

and ordnance recovery operations. 

These safety zones are established to 

ensure the safety of the ordnance 

identification and recovery teams and 

mariners transiting the area. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety 

zones without permission of the Captain 

of the Port or their designated 

representative. 

DATES: This rule is effective without 

actual notice from October 10, 2014 

until October 31, 2014. For the purposes 

of enforcement, actual notice will be 

used from September 29, 2014, through 

October 31, 2014. This rule will be 

enforced from 7 a.m. to 6 p.m. on the 

dates mentioned above. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0862. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Junior Grade Joshua 

Dykman, U.S. Coast Guard Sector San 

Francisco; telephone (415) 399–3585 or 

email at D11-PF-MarineEvents@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call Barbara Hairston, Program 

Manager, Docket Operations, telephone 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

DoD Department of Defense 

FR Federal Register 

MMRP Military Munitions Response 

Program 

MOTCO Military Ocean Terminal Concord 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. MOTCO notified the Coast 

Guard on September 4, 2014 that they 

intend to conduct an intrusive 

electromagnetic scan and ordnance 

recovery operation in selected areas of 

Suisun Bay with a high probability of 

containing ordnance items, and the 

operation would occur before the 

rulemaking process would be 

completed. It would be impracticable to 

collect and respond to comments before 

the recovery operations begin. The 

safety zone is necessary to ensure the 

safety of the teams conducting ordnance 

scanning and recovery operations as 

well as provide for the safety of vessels 

transiting the area. For the safety 

concerns noted, it is in the public 

interest to have these regulations in 

effect during the event. 

B. Basis and Purpose 

The legal basis for the proposed rule 

is 33 U.S.C 1231; 46 U.S.C Chapter 701, 

3306, 3703; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; 

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