Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-09-19.xml --- 79 182 Friday, September 19, 2014 Contents Agriculture Agriculture Department See Farm Service Agency See Food Safety and Inspection Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56335 2014-22303 Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act:

Cable Television Laboratories, Inc., 56404-56405 2014-22364 Antitrust See Antitrust Division Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Fiscal Bureau of the Fiscal Service NOTICES Privacy Act; Systems of Records, 56433-56435 2014-22366 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56379-56380 2014-22379 Coast Guard Coast Guard RULES Drawbridge Operations:

Milford Haven Inlet, Hudgins, VA, 56268 2014-22434 PROPOSED RULES Regulated Navigation Areas and Limited Access Areas: Waterway Management of Apra Harbor, GU, 56319-56322 2014-22428 Special Local Regulations for Marine Events: Spa Creek, Annapolis, MD, 56316-56319 2014-21969 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56383-56384 2014-22425 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56337 2014-22371 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 56345 2014-22355 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 56345 2014-22457 Settlement Agreements and Orders: Meijer, Inc., 56345-56348 2014-22344 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements:

Technical Amendments, 56278-56279 2014-22370 PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Domestic Source Restrictions on Certain Naval Vessel Components, 56333-56334 2014-22369 Multiyear Contracts—Statutory References and Cancellation Ceiling Threshold, 56331-56333 2014-22368 Defense Department Defense Department See Defense Acquisition Regulations System PROPOSED RULES Civilian Health and Medical Program of the Uniformed Services and TRICARE: TRICARE Pharmacy Benefits Program, 56312-56316 2014-22276 NOTICES Meetings:

Board of Regents, Uniformed Services University of the Health Sciences; Federal Advisory Committee, 56348 2014-22399 U.S. Strategic Command Strategic Advisory Group, 56348-56349 2014-22319 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 56337-56338 2014-22354 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission RULES Acquisition Regulation: Access to and Ownership of Records, 56279-56286 2014-22283 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Suspension of Prize Rules:

The SunShot Prize -- Race to the Rooftops, 56349 2014-22372 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska, 56268-56274 2014-22165 National Pollutant Discharge Elimination System: Use of Sufficiently Sensitive Test Methods for Permit Applications and Reporting; Correction, 56274-56275 2014-22289 Tolerance Exemptions: 2-Propenoic acid, butyl ester, polymer with 1,6-diisocyanatohexane, N-(hydroxymethyl)-2-methyl-2-propenamide and 2-propenenitrile, 56275-56278 2014-22287 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Arizona; Regional Haze State and Federal Implementation Plans; Reconsideration, 56322-56331 2014-22403 Protection of Stratospheric Ozone: Change of Listing Status for Certain Substitutes under the Significant New Alternatives Policy Program, 56331 2014-22382 NOTICES Certain New Chemicals; Receipt and Status Information, 56356-56364 2014-22282 Environmental Impact Statements; Availability, etc., 56365 2014-22400 Proposed Determinations under the Clean Water Act:

Pebble Deposit Area, Southwest Alaska, 56365 2014-22420 Executive Office of the President See Presidential Documents Farm Service Farm Service Agency RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds, 56217-56220 2014-22309 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 56264-56267 2014-22153 PROPOSED RULES Acceptance Criteria for Portable Oxygen Concentrators Used Onboard Aircraft, 56288-56305 2014-21964 NOTICES Environmental Assessments;

Availability, etc.: Kodiak Launch Complex Launch Pad 3, Kodiak Island, AK, 56430-56431 2014-22401 Meetings: Research, Engineering and Development Advisory Committee, 56431 2014-22381 Federal Communications Federal Communications Commission NOTICES Meetings: Panelist Information for Open Internet Roundtables, 56365-56366 2014-22433 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: Pierce Commercial Bank, Tacoma, WA, 56366 2014-22299 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 56349-56354 2014-22389 2014-22390 2014-22391 2014-22392 2014-22393 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Beech Ridge Energy II LLC, 56354-56355 2014-22398 Beech Ridge Energy Storage LLC, 56355-56356 2014-22395 Spring Canyon Energy II LLC, 56355 2014-22396 Spring Canyon Energy III LLC, 56354 2014-22397 Petitions for Declaratory Orders: Duke Energy Ohio, Inc., 56356 2014-22394 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 56367 2014-22387 Ocean Transportation Intermediary License Reissuances, 56367 2014-22384 Ocean Transportation Intermediary License Revocations and Terminations, 2014-22383 56367-56368 2014-22385 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56368-56373 2014-22357 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56373-56375 2014-22359 Proposed Consent Agreements: HealthyLife Sciences, LLC, 56377-56379 2014-22402 John Matthew Dwyer III, 56375-56377 2014-22388 Food Safety Food Safety and Inspection Service RULES Changes in Accredited Laboratory Fees, 56235-56238 2014-22208 Electronic Import Inspection Application and Certification of Imported Products and Foreign Establishments:

Public Health Information System and Import Inspection Regulations, 56220-56235 2014-22206 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Salmonella Initiative Program, 56335-56337 2014-22441 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Status Approvals: LEEVAC Shipyards, LLC, Jennings, LA, 56338 2014-22422 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Properties Suitable as Facilities to Assist the Homeless, 56386-56397 2014-22046 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bureau of Indian Affairs Housing Improvement Program, 56398-56399 2014-22440 Class III Tribal-State Gaming Compact Process, 56397-56398 2014-22436 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Additional Rules Regarding Hybrid Retirement Plans, 56442-56469 2014-22293 PROPOSED RULES Market Rate of Return Rules for Hybrid Retirement Plans;

Transitional Amendments, 56305-56310 2014-22292 Removal of Allocation for Disbursements from Designated Roth Accounts to Multiple Destinations, 56310-56312 2014-22324 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56435-56439 2014-22321 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 1-Hydroxyethylidene-1, 1-Diphosphonic Acid from the People's Republic of China, 56341-56342 2014-22416 Certain Pasta from Italy, 56339-56340 2014-22410 Uncovered Innerspring Units from the People's Republic of China, 56338-56339 2014-22419 International Trade Com International Trade Commission NOTICES Investigations;

Terminations, Modifications and Rulings, etc.: Monosodium Glutamate from China and Indonesia, 56403 2014-22318 Justice Department Justice Department See Antitrust Division See Justice Programs Office See National Institute of Corrections NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investigator Integrity Questionnaire, 56403-56404 2014-22352 U.S. Official Order Forms - Schedules I and II, 56404 2014-22353 Justice Programs Justice Programs Office NOTICES Meetings:

Coordinating Council on Juvenile Justice and Delinquency Prevention, 56405 2014-22361 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Gateway West 500-kV Transmission Line Project, Segments 8 and 9, Idaho; Land Use Plan Amendments, 56399-56401 2014-22408 Meetings: Southwest Colorado Resource Advisory Council, 56401 2014-22356 NASA National Aeronautics and Space Administration NOTICES Centennial Challenges 2015 Mars Ascent Vehicle Challenge, 56406 2014-22347 Centennial Challenges 2015 Sample Return Robot Challenge, 56406-56407 2014-22348 National Highway National Highway Traffic Safety Administration NOTICES Requests for Nominations:

National Emergency Medical Services Advisory Council, 56432-56433 2014-22360 National Institute Corrections National Institute of Corrections NOTICES Meetings: National Institute of Corrections Advisory Board, 56405-56406 2014-20847 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Process Assessment Review of the Division of Acquired Immunodeficiency Syndrome Critical Events Policy Implementation Program, 56380-56381 2014-22306 Computational Photography Project for Pill Identification, 56381-56382 2014-22308 Meetings:

Center for Scientific Review, 56382-56383 2014-22295 Center for Scientific Review; Amendments, 56383 2014-22296 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pollock in Statistical Area 620 in the Gulf of Alaska, 56286-56287 2014-22363 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Weather Modification Activities Reports, 56342 2014-22312 Meetings: Fisheries of the South Atlantic, Gulf of Mexico, and Caribbean;

Southeast Data, Assessment, and Review (SEDAR), 56343-56344 2014-22377 Mid-Atlantic Fishery Management Council, 56342-56343 2014-22376 North Pacific Fishery Management Council, 56344 2014-22375 Nuclear Regulatory Nuclear Regulatory Commission RULES Continued Storage of Spent Nuclear Fuel, 56238-56263 2014-22215 Continued Storage of Spent Nuclear Fuel: Generic Environmental Impact Statement, 56263-56264 2014-22250 Nuclear Waste Technical Nuclear Waste Technical Review Board NOTICES Meetings, 56407 2014-22300 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Outer Continental Shelf, Gulf of Mexico, Oil and Gas Lease Sales, Central Planning Area Lease Sales 235, 241, and 247, 56401-56402 2014-21993 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 56408 2014-22314 2014-22315 Postal Products; Amendments, 56408-56409 2014-22316 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Constitution Day and Citizenship Day, Constitution Week (Proc. 9168), 56471-56474 2014-22549 ADMINISTRATIVE ORDERS Terrorism;

Continuation of National Emergency with Respect to Persons Who Commit, Threaten to Commit, or Support (Notice of September 17, 2014), 56475 2014-22550 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: Central Valley Project; Contra Loma Reservoir and Recreation Area, Antioch, CA, 56402-56403 2014-22350 Rural Business Rural Business-Cooperative Service RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds, 56217-56220 2014-22309 Rural Housing Service Rural Housing Service RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds, 56217-56220 2014-22309 Rural Utilities Rural Utilities Service RULES Methodology and Formulas for Allocation of Loan and Grant Program Funds, 56217-56220 2014-22309 Securities Securities and Exchange Commission NOTICES Applications:

Evanston Alternative Opportunities Fund and Evanston Capital Management, LLC, 56409-56411 2014-22339 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 56418, 56421-56425 2014-22326 2014-22337 BATS Y-Exchange, Inc., 56411-56415, 56419 2014-22327 2014-22338 Chicago Board Options Exchange, Inc., 56415-56418 2014-22336 EDGA Exchange, Inc., 56415 2014-22334 EDGX Exchange, Inc., 56418 2014-22335 NASDAQ Stock Market LLC, 56419 C1--2014--21527 New York Stock Exchange LLC, 56425-56427 2014-22333 NYSE MKT LLC, 56419-56421 2014-22332 Small Business Small Business Administration NOTICES Disaster Declarations:

American Samoa, 56427 2014-22329 California, 56427 2014-22328 Guam, 56427-56428 2014-22330 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56428-56430 2014-22341 Surface Transportation Surface Transportation Board NOTICES Discontinuance of Service Exemptions: Dakota, Missouri Valley and Western Railroad, Inc., Burke County, ND, 56433 2014-22374 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Bureau of the Fiscal Service See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Grounds of Excludability, 56384-56385 2014-22386 Customs U.S. Customs and Border Protection NOTICES Meetings: Advisory Committee on Commercial Operations of Customs and Border Protection, 56385-56386 2014-22349 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 56442-56469 2014-22293 Part III Presidential Documents, 56471-56475 2014-22549 2014-22550 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. 79 182 Friday, September 19, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Rural Housing Service Rural Utilities Service Farm Service Agency 7 CFR Part 1940 RIN 0570-AA30 Methodology and Formulas for Allocation of Loan and Grant Program Funds AGENCY:

Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service, and Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: The Rural Business-Cooperative Service

(RBS)is publishing this final rule for allocating program funds to its State Offices. This final rule adds two programs—the Rural Energy for America Program

(REAP)and the Intermediary Relending Program (IRP). In addition, this final rule revises State allocation formulae to account for changes in data reported by the U.S. Bureau of the Census' decennial Census. Finally, this final rule revises the weight percentages associated with each of the allocation criteria; provides flexibility in determining when not to make State allocations for a program; restricts the use of the transition formula and changes the limitations on how much program funds can change when the transition formula is used; adds provisions for making State allocation for other RBS programs, including new ones; and provides consistency, where necessary, in the allocation of RBS program funds to State Offices. DATES: *Effective Date:* This rule is effective October 1, 2014. FOR FURTHER INFORMATION CONTACT: Chad Parker, Deputy Admininstrator Business Programs, Rural Business-Cooperative Service, U.S. Department of Agriculture, STOP 3220, 1400 Independence Avenue SW., Washington, DC 20250-3225; email: *chad.parker@wdc.usda.gov;* telephone

(202)720-7558. SUPPLEMENTARY INFORMATION: Executive Order 12866, Classification This final rule has been determined to be not significant for purposes of Executive Order 12866 and has not been reviewed by the Office of Management and Budget. Programs Affected The Catalog of Federal Domestic Assistance Program numbers for the programs affected by this action are 10.352, Intermediary Relending Program; 10.768, Business and Industry Guaranteed Loan Program; 10.769, Rural Business Enterprise Grant Program; 10.773, Rural Business Opportunity Grant Program, 10.868, Rural Energy for America Program. Executive Order 12372, Intergovernmental Consultation This final rule is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Executive Order 12988, Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this final rule meets the applicable standards provided in section 3 of the Executive Order. Additionally,

(1)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 the rule; and

(3)administrative appeal procedures, if any, must be exhausted before litigation against the Department or its agencies may be initiated, in accordance with the regulations of the National Appeals Division of USDA at 7 CFR part 11. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” Rural Development has determined that this action does not constitute a major Federal action significantly affecting the quality of the human environment and, in accordance with the National Environmental Policy Act

(NEPA)of 1969, 42 U.S.C. 4321 et seq., an Environmental Impact Statement is not required. Unfunded Mandates Reform Act This final rule contains no Federal mandates (under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995) for State, local, and tribal governments or the private sector. Thus, this final rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995. Regulatory Flexibility Act Under section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Agency certifies that this final rule will not have a significant economic impact on a substantial number of small entities because the action will not affect a significant number of small entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601). The Agency made this determination based on the fact that this action only impacts internal Agency procedures for determining how much of available program funds are allocated to each State. Small entities will not be impacted to a greater extent than large entities. Executive Order 13132, Federalism The policies contained in this final 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 final rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with States is not required. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This executive order imposes requirements on Rural Development in the development of regulatory policies that have tribal implications or preempt tribal laws. Rural Development has determined that this final rule does not have a substantial direct effect on one or more Indian tribe(s) or on either the relationship or the distribution of powers and responsibilities between the Federal Government and Indian tribes. Thus, this final rule is not subject to the requirements of Executive Order 13175. Paperwork Reduction Act There are no reporting and recordkeeping requirements associated with this final rule. E-Government Act Compliance Rural Development is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies, to provide increased opportunities for citizens to access Government information and services electronically. I. Background On March 18, 2014, RBS published a notice in the **Federal Register** (79 FR 15052) proposing to amend its regulations for allocating program funds among its State Offices. RBS proposed this action, in part, in order to provide a regulatory basis for allocating funds for REAP, Value-Added Producer Grant Program VAPG, and IRP. In addition, because of changes to the reporting of data by the Census Bureau, RBS needed to revise data sources to be used for income and unemployment rates. The other changes proposed were mainly adminstrative in nature. The comment period for the proposed rule closed on May 19, 2014. RBS received comment letters from three entities—two national trade organizations and one individual. Their comments and the RBS responses to those comments are presented below. II. Summary of Changes to the Proposed Rule For the reasons discussed in the following section, RBS made one change to the proposed rule in response to comments from the public. RBS also made two additional changes. One change provides additional flexibility in determining which 5-year data set in the American Community Survey

(ACS)would be used. This change occurs in § 1940.588(a)(2)(ii)(B) and § 1940.589(a)(2)(ii)(B). The other change removes from § 1940.588(a)(5) and § 1940.589(a)(5) the sentence “Jurisdications receiving administrative allocations do not receive base allocations.” This change allows a jurisdiction to receive the base allocation whenever the administrative allocation is less than the base allocation. III. Summary of Comments and Responses RBS received three comment letters in response to the proposed rule. Two of the commenters are national stakeholder organizations; the third commenter is an individual. The comments made by the two stakeholder organizations and RBS' response are presented below. The third commenter did not specifically address the issues announced in the proposed rule and therefore RBS is not responding to this commenter. *Comment:* Two commenters objected to making State allocations for VAPG and recommended that VAPG be removed from the rule. The commenters provided the following reasons: • VAPG is a national competitive grant program and should be administered like one, including establishing as quickly as possible a robust peer review evaluation process; • Administering the program at the State level is inefficient; • The current multi-tiered review system involving federal, State, and independent review is critical to the program's success and should not only be maintained but enhanced; • Current funding levels are not enough to sustain an effective competitive grants program if implemented at the State level; • The proposed split application review process would be complicated and would inevitably lead to confusion for agency staff and for applicants and reviewers; and • The idea of finalizing a rule for a brand new State allocation system and then perhaps not using the new system is unconvincing. *Response:* In consideration of these comments, RBS has decided not to include the VAPG program in this rulemaking. While VAPG is not included in this rulemaking, RBS notes that the provisions of § 1940.593 enables RBS to establish a state allocation process for the VAPG program as well as for any other existing RBS program and any new RBS program in the future. List of Subjects for 7 CFR part 1940 Administrative practice and procedure, Agriculture, Allocations, Grant programs—Housing and community development, Loan programs—Agriculture, Rural areas. For the reasons set forth in the preamble, part 1940 of title 7 of the Code of Federal Regulations is amended as follows: PART 1940—GENERAL 1. The authority citation for part 1940 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart L—Methodology and Formulas for Allocation of Loan and Grant Program Funds 2. Section 1940.588 is revised to read as follows: § 1940.588 Business and Industry Guaranteed and Direct Loans, Rural Business Enterprise Grants, Rural Business Opportunity Grants, and Intermediary Relending Program. The Agency will allocate funds to the States each Federal fiscal year for the programs identified in this section using the procedures specified in paragraph

(a)of this section. If the Agency determines that it will not allocate funds to the States for a program identified in this section in a particular Federal fiscal year, the Agency will announce this decision in a notice published in the **Federal Register** . The conditions under which the Agency will not allocate a program's funds to the States are identified in paragraph

(b)of this section.

(a)*Procedures for allocating funds to the States.* Each Federal fiscal year, the Agency will use the amount available to the program and the procedures identified in paragraphs (a)(2) through

(10)of this section to determine the amount of program funds to allocate to each of the States. The Agency will make the allocation calculation each Federal fiscal year.

(1)*Amount available for allocations.* See § 1940.552(a) of this subpart.

(2)*Basic formula criteria, data source and weight.* See § 1940.552(b) of this subpart.

(i)The criteria used in the basic formula are:

(A)State's percentage of national rural population.

(B)State's percentage of national rural population with incomes below the poverty level.

(C)State's percentage of national nonmetropolitan unemployment.

(ii)The data sources for each of the criteria identified in paragraph

(a)of this section are:

(A)For the criterion specified in paragraph (a)(2)(i)(A), the most recent decennial Census data.

(B)For the criterion specified in paragraph (a)(2)(i)(B), 5-year income data from the American Community Survey

(ACS)or, if needed, other Census Bureau data.

(C)For the criterion specified in paragraph (a)(2)(i)(C), the most recent Bureau of Labor Statistics data.

(iii)Each criterion is assigned a specific weight factor according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at State Factor (SF). The SF cannot exceed 0.05. The Agency may elect to use different weight factors than those identified in this paragraph by publishing a timely notice in the **Federal Register** . SF = (criterion (a)(2)(i)(A) × 25 percent) + (criterion (a)(2)(i)(B) × 50 percent) + (criterion (a)(2)(i)(C) × 25 percent)

(iv)The Agency will recalculate, as necessary, each criterion specified in paragraph (a)(2)(i) of this section each year. In making these recalculations, the Agency will use the most recent data available to the Agency as of October 1 of the fiscal year for which the Agency is making State allocations. Each criterion's value determined at the beginning of a fiscal year for a program will be used for that entire fiscal year, regardless of when that fiscal year's funding becomes available for the program.

(3)*Basic formula allocation.* See § 1940.552(c) of this subpart.

(4)*Transition formula.* The transition provisions specified in § 1940.552(d) of this subpart apply to the programs identified in this section except as follows:

(i)The transition formula will be used only when the weight factors identified in paragraph (a)(2)(iii) of this section are modified; and

(ii)When the transition formula is used, there will be no upper limitation on the amount that a State's allocation can increase over its previous year's allocation and the maximum percentage that funding will be allowed to decrease for a State will be 10 percent from its previous year's allocation.

(5)*Base allocations.* See § 1940.552(e) of this subpart.

(6)*Administrative allocations.* See § 1940.552(f) of this subpart. Jurisdictions receiving formula allocations do not receive administrative allocations.

(7)*Reserve.* See § 1940.552(g) of this subpart.

(8)*Pooling of funds.* See § 1940.552(h) of this subpart.

(9)*Availability of allocation.* See § 1940.552(i) of this subpart.

(10)*Suballocation by the State Director.* Suballocation by the State Director is authorized for each program covered by this section.

(b)*Conditions for not allocating program funds to the States.* The Agency may elect to not allocate program funds to the States whenever one of the conditions identified in paragraphs (b)(1) or (b)(2) of this section occurs.

(1)Funds allocated in a fiscal year to a program identified in this section are insufficient, as provided for in § 1940.552(a) of this subpart.

(2)The Agency determines that it is in the best financial interest of the Federal Government not to make a State allocation for any program identified in this section and that the exercise of this determination is not in conflict with applicable law. 3. Section 1940.589 is revised to read as follows: § 1940.589 Rural Energy for America Program. The Agency will allocate funds to the States each Federal fiscal year for renewable energy system and energy efficiency improvement projects under the Rural Energy for America Program

(REAP)using the procedures specified in paragraph

(a)of this section. If the Agency determines that it will not allocate funds to the States for REAP in a particular Federal fiscal year, the Agency will announce this decision in a notice published in the **Federal Register** . The conditions under which the Agency will not allocate the program's funds to the States are identified in paragraph

(b)of this section.

(a)*Procedures for allocating funds to the States.* Each Federal fiscal year, the Agency will use the amount available to the program and the procedures identified in paragraphs (a)(2) through

(10)of this section to determine the amount of program funds to allocate to each of the States. The Agency will make this calculation each Federal fiscal year.

(1)*Amount available for allocations.* See § 1940.552(a) of this subpart.

(2)*Basic formula criteria, data source, and weight.* See § 1940.552(b) of this subpart.

(i)The criteria used in the basic formula are:

(A)State's percentage of national rural population.

(B)State's percentage of national rural population with incomes below the poverty level.

(C)State's percentage of energy cost.

(ii)The data sources for each of the criteria identified in paragraph (a)(2)(i) of this section are:

(A)For the criterion specified in paragraph (a)(2)(i)(A), the most recent decennial Census data.

(B)For the criterion specified in paragraph (a)(2)(i)(B), 5-year income data from the American Community Survey

(ACS)or, if needed, other Census Bureau data.

(C)For the criterion specified in paragraph (a)(2)(i)(C), the most recent U.S. Energy Information Administration data.

(3)*Basic formula allocation.* See § 1940.552(c) of this subpart.

(4)*Transition formula.* The transition provisions specified in § 1940.552(d) of this subpart apply to the program(s) identified in this section except as follows:

(i)The transition formula will be used only when the weight factors identified in paragraph (a)(2)(iii) of this section are modified; and

(5)*Base allocations.* See § 1940.552(e) of this subpart.

(6)*Administrative allocations.* See § 1940.552(f) of this subpart. Jurisdictions receiving formula allocations do not receive initial administrative allocations.

(7)*Reserve.* See § 1940.552(g) of this subpart.

(8)*Pooling of funds.* See § 1940.552(h) of this subpart.

(9)*Availability of the allocation.* See § 1940.552(i) of this subpart.

(10)*Suballocation by the State Director.* Suballocation by the State Director is authorized for this program.

(b)*Conditions for not allocating program funds to the States.* The Agency may elect to not allocate REAP program funds to the States whenever one of the conditions identified in paragraphs (b)(1) or (b)(2) of this section occurs.

(1)Funds allocated in a fiscal year to REAP are insufficient, as provided for in § 1940.552(a) of this subpart.

(2)The Agency determines that it is in the best financial interest of the Federal Government not to make a State allocation for REAP and that the exercise of this determination is not in conflict with applicable law. 4. Section 1940.593 is revised to read as follows: § 1940.593 Other Rural Business-Cooperative Service Programs. If the Agency determines that it is in the best interest of the Federal government to allocate funds to States for existing RBS programs other than those identified in §§ 1940.588 and 1940.589 of this subpart and for programs new to RBS (e.g., through new legislation), the Agency will use the process identified in paragraph

(a)or

(b)of this section.

(a)If the Agency determines that one of the State allocation procedures in § 1940.588 and § 1940.589 is appropriate for the program, the Agency will publish a **Federal Register** notice identifying the program and which State allocation procedure will be used for the program.

(b)If the Agency determines that none of the procedures specified in § 1940.588 and § 1940.589 is appropriate for the program, the Agency will implement the following steps:

(1)The Agency will either develop a preliminary state allocation formula and administrative procedures specific to the requirements of the new program or use whichever of the procedures in § 1940.588 and § 1940.589 the Agency determines most closely matches the purpose of the program. The Agency will publish in the **Federal Register** the State allocation formula and adminstrative procedures that it will use initially for the new program.

(2)The Agency will develop a State allocation formula and administrative provisions specific to the new program and publish them as a proposed rule change to this part in the **Federal Register** for public comment.

(3)Until the program's State allocation formula and administrative requirements are finalized, the Agency will use the preliminary State allocation formula established under paragraph (b)(1) of this section to make State allocations and administer the new program. Dated: August 1, 2014. Doug O'Brien, Acting Under Secretary, Rural Development. Dated: September 3, 2014. Michael Scuse, Under Secretary, Farm and Foreign Agricultural Services. [FR Doc. 2014-22309 Filed 9-18-14; 8:45 am]

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