Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-12-27.xml --- 76 248 Tuesday, December 27, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service See Forest Service See National Institute of Food and Agriculture See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Increasing Access to Rural Community Investment Opportunities, 80868-80869 2011-33111 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 81016-81018 2011-33077 Animal Animal and Plant Health Inspection Service NOTICES Determination of Nonregulated Status: Monsanto Co., Corn Genetically Engineered for Drought Tolerance, 80869-80870 2011-33011 Determination of Pest-Free Areas in Mendoza Province, Argentina, 80870-80871 2011-33110 Petitions, Plant Pest Risk Assessments, and Environmental Assessments; Availability: Dow AgroScience, LLC, Corn Genetically Engineered for Herbicide Tolerance, 80872-80873 2011-33009 Monsanto Co., Soybean Genetically Engineered to Produce Stearidonic Acid, 80871-80872 2011-33002 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80908-80909 2011-33095 Bureau of Consumer Financial Protection RULES Electronic Fund Transfers (Regulation E), 81020-81058 2011-31725 Centers Disease Centers for Disease Control and Prevention NOTICES Request for Nominations: Advisory Committee on Breast Cancer in Young Women, 80945-80946 2011-33092 Coast Guard Coast Guard PROPOSED RULES Special Local Regulations and Safety Zones: Recurring Events in Northern New England, 80850-80865 2011-33032 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80956-80957 2011-33033 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-33057 2011-33058 80884-80885 2011-33071 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 80901-80902 2011-33179 Consumer Product Consumer Product Safety Commission PROPOSED RULES Fire Pots and Gel Fuel, 80832-80838 2011-32908 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution of the 2004-2009 Cable and Satellite Royalty Funds, 80969-80970 2011-33037 Court Court Services and Offender Supervision Agency for the District of Columbia NOTICES Senior Executive Service, Performance Review Board, Members, 80902-80903 2011-33006 Defense Department Defense Department See Army Department See Navy Department RULES Mandatory Declassification Review Program, 80744-80747 2011-33104 TRICARE:

Certified Mental Health Counselors, 80741-80744 2011-33109 NOTICES Expansion of Implementation of TRICARE Program in Alaska, 80903 2011-33067 Extension of Autism Services Demonstration Project for TRICARE Beneficiaries, 80903 2011-33064 Mandatory Declassification Review Addresses, 80903-80904 2011-33063 Reserve Forces Policy Board; Member Solicitation, 80904-80905 2011-33070 TRICARE Evaluation of Centers for Medicare and Medicaid Services Approved Laboratory Developed Tests Demonstration Project, 80905-80907 2011-33066 TRICARE Prime Urgent Care Demonstration Project, 80907-80908 2011-33065 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-33050 80911-80912 2011-33051 National Advisory Committee on Institutional Quality and Integrity; Members, 80912-80913 2011-33113 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Applications for Long-Term Authorization to Export Domestically Produced Liquefied Natural Gas:

Carib Energy

(USA)LLC, 80913-80915 2011-33168 Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 80915-80916 2011-33291 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Waivers from Commercial Package Air Conditioner and Heat Pump Test Procedures: Samsung Electronics America, Inc., 80916-80920 2011-33172 Waivers from Residential Dishwasher Test Procedures: Miele, Inc., 80920-80921 2011-33171 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans: Oregon; New Source Review, Prevention of Significant Deterioration Rule Revisions, etc., 80747-80754 2011-33012 State of Kansas; Regional Haze, 80754-80760 2011-32998 Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Florida; Control of Hospital/Medical/Infectious Waste Incinerator Emissions from Existing Facilities, 80777-80780 2011-33151 Federal Implementation Plans, Iowa, Michigan, Missouri, Oklahoma, Wisconsin: Determination for Kansas Regarding Interstate Transport of Ozone, 80760-80777 2011-32821 PROPOSED RULES Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Florida; Control of Hospital/Medical/Infectious Waste Incinerator Emissions from Existing Facilities, 80865-80866 2011-33149 National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry, 81328-81358 2011-32843 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Water Quality Inventory Reports, 80933-80934 2011-33126 NSPS for Calciners and Dryers in Mineral Industries, 80935-80936 2011-33127 NSPS for Glass Manufacturing Plants, 80927-80928 2011-33122 NSPS for Metal Coil Surface Coating, 80929-80930 2011-33129 NSPS for Municipal Solid Waste Landfills, 80928-80929 2011-33130 NSPS for Petroleum Refineries, 80934-80935 2011-33128 Reporting and Recordkeeping Requirements for National Volatile Organic Compound Emission Standards for Architectural Coatings, 80936-80937 2011-33123 Requirements and Exemptions for Specific RCRA Wastes, 80930-80931 2011-33124 Strategic Plan Information on Source Water Protection, 80932-80933 2011-33125 Final 2010 Effluent Guidelines Program Plan, 80937-80938 2011-33153 Meetings: Environmental Laboratory Advisory Board, 80940-80941 2011-33155 Human Studies Review Board, 80938-80940 2011-33156 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80941 2011-33084 Farm Credit Farm Credit Administration PROPOSED RULES Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Liquidity and Funding, 80817-80829 2011-32698 Farm Service Farm Service Agency RULES Intergovernmental Review, 80729-80732 2011-33025 Federal Aviation Federal Aviation Administration RULES Revocation and Establishment of Compulsory Reporting Point: Alaska, 80732-80733 2011-33019 PROPOSED RULES Clarification of Policy: Approved Training Programs, 80831-80832 2011-33091 Special Conditions: XtremeAir GmbH, XA42; Acrobatic Category Aerodynamic Stability, 80829-80831 2011-33049 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Aviation and Air Taxi Activity and Avionics Survey, 81008-81009 2011-33043 Training and Qualification Requirements for Check Airmen and Flight Instructors, 81008 2011-33054 Type Certification Procedures for Changed Products, 81007-81008 2011-33042 New Task Assignment: Aviation Rulemaking Advisory Committee, 81009-81010 2011-33097 Petitions for Exemption; Summaries of Petitions Received, 81010-81011 2011-33100 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Age, Sex, and Race of Persons Arrested 18 Years of Age and Over, etc., 80966 2011-33023 Applicant Questionnaire; Race, National Origin, Gender, and Disability Demographics, 80965-80966 2011-33024 Federal Communications Federal Communications Commission RULES Review of the Emergency Alert System, 80780-80781 2011-33154 NOTICES Connect America Fund Cost Models, 80941-80944 2011-33152 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80944 2011-33076 Updated Listing of Financial Institutions in Liquidation, 80945 2011-33020 Federal Election Federal Election Commission PROPOSED RULES Independent Expenditures and Electioneering Communications by Corporations and Labor Organizations, 80803-80817 2011-32632 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: Nebraska; Amendment No. 3, 80959 2011-33039 New Jersey; Amendment No. 1, 80959 2011-33038 New Mexico; Amendment No. 1, 80958 2011-33034 Texas; Amendment No. 6, 80958 2011-33035 Texas; Amendment No. 7, 80958 2011-33036 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Filing of Privileged Materials and Answers to Motions, 80838-80846 2011-32744 NOTICES Combined Filings, 80921-80923 2011-32981 2011-32984 Compliance Filings: Kansas Gas Service, a Division of ONEOK, Inc., 80923-80924 2011-32989 Louisiana Public Service Commission v. Entergy Services, Inc., 80924 2011-33074 Environmental Assessments; Availability, etc.: Blue Heron Hydro LLC, 80924 2011-33075 Boott Hydropower, Inc., 80924-80925 2011-32988 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: MRL Energy, LLC, 80925 2011-32982 Shiloh III Lessee, LLC, 80925 2011-32983 Preliminary Permit Applications: Cortez Pumped Storage Project, 80926 2011-33073 Requests Under Blanket Authorizations: Dominion Transmission, Inc., 80926 2011-32990 Technical Conferences: Gulf South Pipeline Co., LP, 80927 2011-32987 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Light Rail Project in Washington, 81011-81012 2011-33079 Federal Maritime Federal Maritime Commission PROPOSED RULES Non-Vessel-Operating Common Carriers Negotiated Rate Arrangements: Tariff Filing Exemption, 80866-80867 2011-33007 Federal Motor Federal Motor Carrier Safety Administration RULES Hours of Service of Drivers, 81134-81188 2011-32696 Federal Procurement Federal Procurement Policy Office RULES Cost Accounting Standards: Cost Accounting Standards 412 and 413 - Cost Accounting Standards Pension Harmonization, 81296-81325 2011-32745 Federal Railroad Federal Railroad Administration RULES Alcohol and Drug Testing: Determination of Minimum Random Testing Rates for 2012, 80781-80782 2011-33046 NOTICES Petitions for Waiver of Compliance, 2011-33047 81012-81013 2011-33048 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 80945 2011-33096 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants; Recovery Permit Applications, 80960-80961 2011-33081 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Industry on Postmarketing Adverse Event Reporting for Nonprescription Human Drug Products, etc., 80946-80947 2011-33140 Draft Guidance for Industry and Staff; Availability: Investigational Device Exemptions for Early Feasibility Medical Device Clinical Studies, Including Certain First in Human Studies, 80947-80948 2011-33142 Draft Guidance for Industry, Clinical Investigators, Institutional Review Boards, and Staff; Availability: Decisions for Investigational Device Exemption Clinical Investigations, 80948 2011-33141 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee, 80948-80949 2011-33059 Requests for Nominations: Food Advisory Committee Voting Members, 80952-80953 2011-33108 Voting Members on Public Advisory Panels or Committees, 80949-80952 2011-33060 Food Safety Food Safety and Inspection Service NOTICES Meetings: Food Source Attribution, 80873-80875 2011-33018 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Expansion: Foreign-Trade Zone 44, Morris County, NJ, 80885 2011-33180 Approvals for Manufacturing Authority: Makita Corp. of America, Foreign-Trade Zone 26, Buford, GA, 80886 2011-33194 Reorganizations Under Alternative Site Framework: Foreign-Trade Zone 277, Western Maricopa County, AZ, 80886 2011-33186 Voluntary Terminations: Academy Sports and Outdoors, Foreign-Trade Subzone 84S, Katy and Brookshire, TX, 80886 2011-33181 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Removal of Noxious Weed Tamarisk on the Los Padres National Forest, 80875-80878 2011-33021 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Builder's Certification of Plans, Specifications, and Site, 80959-80960 2011-33115 Information Information Security Oversight Office NOTICES Meetings: State, Local, Tribal, And Private Sector Policy Advisory Committee, 80971 2011-33116 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service RULES Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property, 81060-81127 2011-32024 PROPOSED RULES Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property, 81128-81131 2011-32246 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Export Trading Companies Contact Facilitation Services, 80887 2011-33102 Initiation of Changed Circumstances Review: Aluminum Extrusions from the People's Republic of China, 80887-80889 2011-33184 International Trade Com International Trade Commission NOTICES Determinations: Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, Italy, Japan, and Korea, 80963 2011-33082 Investigations: Certain Dynamic Random Access Memory Devices, and Products Containing Same, 80964 2011-33080 Justice Department Justice Department See Federal Bureau of Investigation See National Institute of Corrections NOTICES Lodging of Consent Decrees Under the Clean Air Act, 80964-80965 2011-33072 Labor Department Labor Department See Occupational Safety and Health Administration See Wage and Hour Division Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils, Nevada, 80961 2011-33083 Records of Decision; Availability: Sonoran Solar Energy Project, Arizona, 80961-80962 2011-33094 Tule Wind, LLC Tule Wind Project, San Diego County, CA, 80962 2011-33093 Library Library of Congress See Copyright Royalty Board Management Management and Budget Office See Federal Procurement Policy Office National Archives National Archives and Records Administration See Information Security Oversight Office NOTICES Records Schedules; Availability, 80970-80971 2011-33117 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80972 2011-33029 National Indian National Indian Gaming Commission PROPOSED RULES Definition of Enforcement Action, 80846-80847 2011-33028 Enforcement Actions, 80847-80850 2011-32757 National Institute Corrections National Institute of Corrections NOTICES Solicitation for Cooperative Agreements: Jail as Part of County Government; Review and Revision, 80966-80968 2011-33114 National Institute Food National Institute of Food and Agriculture NOTICES Requests for Nominations: Veterinary Shortage Situation Veterinary Medicine Loan Repayment Program, 80878-80883 2011-33112 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 80954-80955 2011-33135 National Institute of Allergy and Infectious Diseases, 80955 2011-33134 National Institute of Dental and Craniofacial Research, 80953 2011-33133 National Institute of Diabetes and Digestive and Kidney Diseases, 80954-80955 2011-33132 2011-33136 National Institute of Environmental Health Sciences, 80954 2011-33138 National Library of Medicine, 80953-80954 2011-33137 Prospective Grant of Exclusive License, 80955-80956 2011-33131 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Proposed 2012 and 2013 Harvest Specifications for Groundfish, 80782-80802 2011-33169 Groundfish of the Gulf of Alaska; Amendment 88, 81248-81293 2011-32873 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 80889-80890 2011-33068 Pacific Fishery Management Council, 80890 2011-33069 Permits: Endangered Species; File Nos. 13599 and 1614, 80890-80891 2011-33166 Takes of Marine Mammals Incidental to Specified Activities: Cape Wind's High Resolution Survey in Nantucket Sound, MA, 80891-80901 2011-33167 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 80963 2011-33022 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 80972 2011-33247 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Military Training Activities at Naval Weapons Systems Training Facility, Boardman, OR, 80910-80911 2011-33086 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards, 80972-80980 2011-33090 Operating License Renewal Applications: Entergy Operations, Inc., Grand Gulf Nuclear Station, Unit 1, 80980-80982 2011-33085 Suspensions of Licensed Activities: International Cyclotron, Inc., Hato Rey, PR, 80982-80984 2011-33088 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Corrections and Technical Amendments to 16 OSHA Standards, 80735-80741 2011-32853 Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Requests for Nominations: National Medal of Technology and Innovation Nomination Evaluation Committee, 80901 2011-33147 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 81013-81014 2011-33163 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 81014-81015 2011-33162 Meetings: Implementation of Distribution Integrity Management Programs; Public Webinar, 81015-81016 2011-33165 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 80984-80985 2011-33338 New Postal Product, 80985-80986 2011-33061 Post Office Closings, 80986-80987 2011-33055 Postal Service Postal Service NOTICES International Product Change - Global Expedited Package Services - Non-Published Rates, 80987 2011-33161 Product Change - Priority Mail Negotiated Service Agreement, 80987-80988 2011-33030 2011-33031 Presidential Documents Presidential Documents EXECUTIVE ORDERS Amendments to Executive Orders 12131 and 13539 (EO 13596), 80725-80726 2011-33335 ADMINISTRATIVE ORDERS Mercury and Air Toxic Standards Rule; Flexible Implementation (Memorandum of December 21, 2011), 80727-80728 2011-33337 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80988-80989 2011-33040 Rural Business Rural Business-Cooperative Service RULES Intergovernmental Review, 80729-80732 2011-33025 Rural Housing Service Rural Housing Service RULES Intergovernmental Review, 80729-80732 2011-33025 Rural Utilities Rural Utilities Service RULES Intergovernmental Review, 80729-80732 2011-33025 Securities Securities and Exchange Commission RULES Extension of Temporary Registration of Municipal Advisors, 80733-80735 2011-33146 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 81002-81003 2011-33053 NASDAQ OMX BX, Inc., 80996-80999 2011-33119 2011-33120 NASDAQ OMX PHLX LLC, 80995-80996, 80999-81000 2011-33118 2011-33121 NASDAQ Stock Market LLC, 80992-80995 2011-33144 2011-33145 National Stock Exchange, Inc., 81000-81001 2011-33052 NYSE Amex LLC, 80989-80992 2011-33045 Social Social Security Administration NOTICES Rate for Assessment on Direct Payment Fees to Representatives in 2012, 81003 2011-33099 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Nordkapp, 81004 2011-33174 Woman in Blue, Against Blue Water, by Edvard Munch, 81003-81004 2011-33157 Imposition of Nonproliferation Measures Against Foreign Persons, etc., 81004-81005 2011-33143 Meetings: International Council on Women's Business Leadership, 81005 2011-33176 International Security Advisory Board, 81005 2011-33178 Trade Representative Trade Representative, Office of United States NOTICES Determinations: Trade Surplus in Certain Sugar and Syrup Goods and Sugar-Containing Products of Chile, et al., 81005-81007 2011-33139 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service Wage Wage and Hour Division PROPOSED RULES Application of the Fair Labor Standards Act to Domestic Service, 81190-81245 2011-32657 Separate Parts In This Issue Part II Bureau of Consumer Financial Protection, 81020-81058 2011-31725 Part III Treasury Department, Internal Revenue Service, 81060-81131 2011-32024 2011-32246 Part IV Transportation Department, Federal Motor Carrier Safety Administration, 81134-81188 2011-32696 Part V Labor Department, Wage and Hour Division, 81190-81245 2011-32657 Part VI Commerce Department, National Oceanic and Atmospheric Administration, 81248-81293 2011-32873 Part VII Management and Budget Office, Federal Procurement Policy Office, 81296-81325 2011-32745 Part VIII Environmental Protection Agency, 81328-81358 2011-32843 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 248 Tuesday, December 27, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1778 Rural Housing Service Rural Business-Cooperative Service Rural Utilities Service Farm Service Agency 7 CFR Parts 1942, 1944, 1948, 1951, and 1980 Rural Housing Service 7 CFR Parts 3560, 3565 and 3570 Rural Business-Cooperative Service Rural Utilities Service 7 CFR Part 4274 Intergovernmental Review AGENCIES: Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service and Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: The U. S. Department of Agriculture (“Department”) is amending several regulations, which make reference to RD Instruction 1940-J, Intergovernmental Review.” This action is necessary since the affected regulations refer to RD Instruction 1940-J, which is being rewritten and replaced by RD Instruction 1970-I. The intended effect is to simplify and update the regulations and to ensure the Department's field offices have current guidance on intergovernmental review of proposed projects being reviewed pursuant to the National Environmental Policy Act. DATES: *Effective Date:* December 27, 2011. FOR FURTHER INFORMATION CONTACT: Annie Goode, Environmental Protection Specialist, Technical Support Branch, Program Support Staff, Rural Housing Service, Rural Development, U.S. Department of Agriculture, Mail Stop 0761, 1400 Independence Avenue SW., Washington, DC 20250, telephone:

(202)720-9653. SUPPLEMENTARY INFORMATION: Classification This action is not subject to the provisions of Executive Order 12866 since it involves only internal Agency management. This action is not published for prior notice and comment under the Administrative Procedure Act since it involves only internal Agency management and publication for comment is unnecessary and contrary to the public interest. Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this rule:

(1)Unless otherwise specifically provided, all State and local laws and regulations that are in conflict with this rule will be preempted;

(2)no retroactive effect will be given to this rule except as specifically prescribed in the rule; and

(3)administrative proceedings of the National Appeals Division (7 CFR part 11) must be exhausted before litigation against the Department is instituted. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, agencies generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires agencies to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective, or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for State, local, and tribal governments or the private sector. Thus, the rule is not subject to the requirements of section 202 and 205 of the UMRA. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” The Agencies have determined that this final action does not constitute a major Federal action significantly affecting the quality of human environment, and in accordance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321 *et seq.,* an Environmental Impact Statement is not required. Executive Order 13132, Federalism The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Programs Affected The Programs impacted by this action, and associated Catalog of Federal Domestic Assistance numbers, are as follows: 10.415—Rural Rental Housing—Direct Loans. 10.420—Self-Help Technical Assistance Grants. 10.433—Housing Preservation Grants. 10.438—Rural Rental Housing Program—Guaranteed Loans. 10.441—Technical and Supervisory Assistance Grants. 10.763—Emergency and Imminent Community Water Assistance Grants. 10.766—Community Facilities Loans and Grants. 10.767—Intermediary Relending Program. 10.768—Business and Industrial Loans. Paperwork Reduction Act This rule does not revise or impose any new information collection requirements from those approved by OMB. E-Government Act Compliance The Agencies are committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Discussion of Final Rule The Department is updating Agency regulations regarding intergovernmental reviews conducted pursuant to the National Environmental Policy Act (“NEPA,” 40 CFR 1500-1508). To accomplish this goal, existing RD Instruction 1940-J, “Intergovernmental Review,” is being rewritten and replaced by RD Instruction 1970-I. Because several regulations make reference to RD Instruction 1940-J, revisions are needed to change all references from 1940-J to 1970-I. The intended effect is to simplify and update the regulations and to ensure the Department's field offices have current guidance on intergovernmental review of proposed projects being reviewed pursuant to NEPA. List of Subjects 7 CFR Part 1778 Community development, Community facilities, Grant programs—Housing and Community development, Intergovernmental relations—Grant programs, Loan programs—Housing and community development, Rural areas, Waste treatment and disposal, Water supply, Watersheds. 7 CFR Part 1942 Community development, Community facilities, Loan programs—Housing and community development, Loan security, Rural areas, Waste treatment and disposal—Domestic, Water supply—Domestic. 7 CFR Part 1944 Grant programs—Housing and community development, Home improvement, Loan programs—Housing and community development, Low and moderate income housing—Rental, Mobile homes, Mortgages, Nonprofit organizations, Reporting requirements, Rural housing, Subsidies. 7 CFR Part 1948 Business and industry, Coal, Community development, Community facilities, Energy, Grant programs, Housing and community development, Housing, Planning, Rural area, Transportation. 7 CFR Part 1951 Loans Programs—Agriculture, Rural areas. 7 CFR Part 1980 Loan programs—Business and industry—Rural development, Rural areas. 7 CFR Part 3560 Accounting, Administrative practice and procedure, Aged, Conflict of interests, Government property management, Grant programs—Housing and community development, Insurance, Loan programs—Agriculture, Loan programs—Housing and community development, Low and moderate income housing, Migrant labor, Mortgages, Nonprofit organizations, Rent subsidies, Rural areas. 7 CFR Part 3565 Conflict of interests, Environmental impact statements, Fair housing, Hearing and appeal procedures. 7 CFR Part 3570 Accounting Administrative practice and procedure, Conflicts of interests, Environmental impact statements, Fair Housing, Grant programs—Housing and community development, Loan programs—Housing and community development, Rural areas, Subsidies. 7 CFR Part 4274 Community development, Economic development, Loan programs—Business, Rural areas. For the reasons set forth in the preamble, Chapters XVII, XVIII, XXXV, and XLII, of title 7 of the Code of Federal Regulations are amended as follows: Chapter XVII—Rural Utilities Service, Department of Agriculture PART 1778—EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS 1. The authority citation for part 1778 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C 1989; 16 U.S.C. 1005. § 1778.14 [Amended] 2. Section 1778.14(f) is amended by removing “1940-J” and adding in its place “1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. Chapter XVIII—Rural Housing Service, Rural Business-Cooperatives Service, Rural Utilities Service and Farm Service Agency, Department of Agriculture PART 1942—ASSOCIATIONS 3. The authority citation for part 1942 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C 1989. Subpart A—Community Facility Loans § 1942.5 [Amended] 4. Section 1942.5(b)(1)(ii)(B) is amended by removing “(FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 office.)” and adding in its place “(These requirements are set forth in U. S. Department of Agriculture regulations 7 CFR 3015, subpart V and RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site.)”. Subpart C—Fire and Rescue and Other Small Community Facilities Projects § 1942.106 [Amended] 5. Section 1942.106(a) is amended by removing “in accordance with subpart J of part 1940 of this chapter” and adding in its place “requirements set forth in U. S. Department of Agriculture regulations 7 CFR 3015, subpart V and RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. PART 1944—HOUSING 6. The authority citation for part 1944 continues to read as follows: Authority: 5 U.S.C. 301; 42 U.S.C 1480. Subpart I—Self-Help Technical Assistance Grants § 1944.409 [Amended] 7. Section 1944.409 is amended by removing “Under subpart J of 1940 of this chapter (available in any Agency office),” and adding in its place “These requirements are set forth in U. S. Department of Agriculture regulations 7 CFR 3015, subpart V and RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. Subpart K—Technical and Supervisory Assistance Grants § 1944.526 [Amended] 8. Section 1944.526(c)(2), is amended by removing “(See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 Office)” and adding in its place “(See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site.)”. § 1944.529 [Amended] 9. Section 1944.529(b)(9) is amended by removing “(See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 Office)” and adding in its place “See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. § 1944.531 [Amended] 10. Section 1944.531(c)(3) is amended by removing “See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 Office.” and adding in its place “See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. Subpart N—Housing Preservation Grants § 1944.674 [Amended] 11. Section 1944.674(c) is amended by removing “Under FmHA Instruction 1940-J (available in any FmHA or its successor agency under Public Law 103-354 office) prospective* * *” and adding in its place “These requirements are set forth in U.S. Department of Agriculture regulations 7 CFR part 3015, subpart V, and RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site. Prospective* * *” PART 1948—RURAL DEVELOPMENT 12. The authority citation for part 1948 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1932, note. Subpart B—Section 601 Energy Impacted Area Development Assistance Program 13. The authority citation for subpart B of part 1948 continues to read as follows: Authority: Section 601, Put. L. 95-620, delegation of authority by the Sec. of Agri., 7 CFR 2.23; delegation of authority by the Asst Sec. for Rural Development 7 CFR 2.78. § 1948.79 [Amended] 14. Section 1948.79(k)(3) is amended by removing “See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 office.” and adding in its place “See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. § 1948.80 [Amended] 15. Section 1948.80(g) is amended by removing “(See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 office.” and adding in its place “(See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site.)”. § 1948.84 [Amended] 16. 1948.84(c) is amended by removing “See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 office.” and adding in its place “(See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site.)”. § 1948.84 [Amended] 17. Section 1948.84(i)(2) is amended by removing “See FmHA Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 office.” and adding in its place “(See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site.)”. PART 1951—SERVICING AND COLLECTIONS 18. The authority citation for part 1951 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note.; 7 U.S.C. 1989; 31 U.S.C. 3716; 42 U.S.C. 1480; Subpart R—Rural Development Loan Servicing § 1951.872 [Amended] 19. Section 1951.872(a) is amended by removing “FmHA or its successor agency under Public Law 103-354 Instruction 1940-J, ‘Intergovernmental Review of Farmers Home Administration or its successor agency under Public Law 103-354 Programs and Activities,’ available in any FmHA or its successor agency under Public Law 103-354 office.” and adding in its place “the requirements set forth in U.S. Department of Agriculture regulations 7 CFR part 3015, subpart V, and RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. PART 1980—GENERAL 20. The authority citation for part 1980 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989. Subpart E also issued under 7 U.S.C. 1932(a). Subpart E—Business and Industrial Loan Programs § 1980.451 [Amended] 21. Section 1980.451(f)(8) is amended by removing “See FmHA or its successor agency under Public Law 103-354 Instruction 1940-J, available in any FmHA or its successor agency under Public Law 103-354 Office.” and adding in its place “See RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. PART 3560—DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS 22. The authority citation for part 3560 continues to read as follows: Authority: 42 U.S.C. 1480 Subpart A—General Provisions and Definitions § 3560.4 [Amended] 23. Section 3560.4(a) is amended by removing “RD Instruction 1940-J, available in any Rural Development Office.” and adding in its place “RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. PART 3565—GUARANTEED RURAL RENTAL HOUSING PROGRAM 24. The authority citation for part 3565 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480 Subpart A—General Provisions § 3565.9 [Amended] 25. Section 3565.9(a) is amended by removing “RD Instruction 1940-J, available in any Rural Development office.” and adding in its place “RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. PART 3570—COMMUNITY PROGRAMS 26. The authority citation for part 3570 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989. Subpart B—Community Facilities Grant Program § 3570.69 [Amended] 27. Section 3570.69 is amended by removing “RD Instruction 1940-J (available in any Rural Development office)” and adding in its place “7 CFR 3015, subpart V and RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. PART 4274—DIRECT AND INSURED LOANMAKING 28. The authority citation for part 3570 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note.; 7 U.S.C. 1989 Subpart D—Intermediary Relending Program

(IRP)§ 4274.337 [Amended] 29. Section 4274.337(a) is amended by removing “(See RD Instruction 1940-J (available in any Rural Development State Office)).” and adding in its place “These requirements are set forth in U.S. Department of Agriculture regulations 7 CFR part 3015, subpart V, and RD Instruction 1970-I, `Intergovernmental Review,' available in any Agency office or on the Agency's Web site”. Dated: December 6, 2011. Dallas Tonsager, Under Secretary, Rural Development. Dated: December 8, 2011. Michael Scuse, Acting Under Secretary, Farm and Foreign Agriculture Services. [FR Doc. 2011-33025 Filed 12-23-11; 8:45 am]

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