Unknown. Final rule
5,070 words·~23 min read·
/register/2015/10/02/2015-24584A 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-2015-10-02.xml --- 80 191 Friday, October 2, 2015 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food and Nutrition Service See Forest Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau RULES Technical Amendments to Regulations; Correction, 59580-59581 2015-25190 Animal Animal and Plant Health Inspection Service RULES Fee Increases for Overtime Services, 59561-59568 2015-25101 Golden Nematode;
Removal of Regulated Areas in Orleans, Nassau, and Suffolk Counties, New York, 59551-59557 2015-25099 Importation of Tomato Plantlets in Approved Growing Media From Mexico, 59557-59561 2015-25100 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Baby Corn and Baby Carrots From Zambia, 59723-59724 2015-25085 Importation of Pork-Filled Pasta Products, 59720-59721 2015-25084 Importation of Shelled Peas From Kenya, 59724 2015-25088 Viruses, Serums, Toxins, and Analogous Products;
Packaging and Labeling, 59725 2015-25078 International Trade Data System Test: Electronic Submission to the Automated Commercial Environment of Data Using the Partner Government Agency Message Set, 59721-59723 2015-25082 Antitrust Division Antitrust Division NOTICES Changes under National Cooperative Research and Production Act: R Consortium, Inc., 59815-59816 2015-25063 The Open Group, LLC, 59816 2015-25056 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Amendments Relating to Small Creditors and Rural or Underserved Areas Under the Truth in Lending Act (Regulation Z), 59944-59973 2015-24362 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59779-59780 2015-25105 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59781-59782 2015-25108 2015-25109 Meetings: Advisory Panel on Clinical Diagnostic Laboratory Tests, 59782-59784 2015-25162 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: April 2016 Current Population Survey Supplement on Child Support, 59784 2015-24972 Civil Rights Civil Rights Commission NOTICES Meetings:
Connecticut Advisory Committee, 59730 2015-25034 Kentucky Advisory Committee, 59730-59731 2015-25035 North Carolina (State) Advisory Committee, 59731 2015-25036 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59801-59803 2015-25131 2015-25133 Meetings: Towing Safety Advisory Committee, 59800-59801 2015-25114 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59735-59736 2015-25006 Commission Fine Commission of Fine Arts NOTICES Meetings, 59739 2015-24448 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 59740-59741 2015-25103 2015-25104 Commodity Futures Commodity Futures Trading Commission RULES Repeal of the Exempt Commercial Market and Exempt Board of Trade Exemptions, 59575-59578 2015-25029 Copyright Royalty Board Copyright Royalty Board RULES Digital Performance Right in Sound Recordings and Ephemeral Recordings, 59588-59593 2015-24504 Defense Department Defense Department See Engineers Corps RULES Department of Defense Defense Industrial Base Cybersecurity Activities, 59581-59588 2015-24296 Employee Benefits Employee Benefits Security Administration NOTICES Exemptions:
Credit Suisse AG, Zurich, Switzerland, 59817-59828 2015-24919 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings: President's Council of Advisors on Science and Technology; Teleconference, 59756-59757 2015-25107 Rate Schedule Approvals: Southeastern Power Administration Cumberland System, 59742-59756 2015-25102 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59758-59759 2015-25106 Updating and Improving the DOE Methodology for Assessing the Cost-Effectiveness of Building Energy Codes, 59757-59758 2015-25031 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Updated Water Control Manuals for the Apalachicola-Chattahoochee-Flint River Basin; Open House Meeting, 59741-59742 2015-25057 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: California; Butte County Air Quality Management District, Feather River Air Quality Management District, and San Luis Obispo County Air Pollution Control District; Correcting Amendment, 59610-59611 2015-24953 Missouri; Limited Maintenance Plan for the St. Louis, 59611-59615 2015-25037 Pennsylvania; Approval of the Base Year Emissions Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-Hour Fine Particulate Matter Standard and Approval of Transportation Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards for the Liberty-Clairton Nonattainment Area, 59615-59620 2015-24877 Pennsylvania;
Redesignation Request and Associated Maintenance Plan for the Pittsburgh-Beaver Valley Nonattainment Area for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standard, 59624-59627 2015-24851 South Dakota; Revisions to Administrative Code, 59620-59624 2015-24857 Pesticide Tolerances: Benzovindiflupyr, 59627-59634 2015-24467 Significant New Use Rules on Certain Chemical Substances, 59593-59610 2015-24846 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Iowa; 2015 Implementation Plan for the 2008 Lead Standard, 59695-59703 2015-24995 Missouri; Limited Maintenance Plan for the St. Louis, 59704-59705 2015-25038 Pennsylvania; Approval of the Base Year Emissions Inventory for the Liberty-Clairton Nonattainment Area for the 2006 24-Hour Fine Particulate Matter Standard and Approval of Transportation Conformity Insignificance Findings for the 1997 Annual and 2006 24-Hour Fine Particulate Matter Standards for the Liberty-Clairton Nonattainment Area, 59703-59704 2015-24873 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59773-59775 2015-25172 Cost Settlements under CERCLA: Blue Ridge Plating Co. Superfund Site Arden, Buncombe County, NC, 59772 2015-25134 Cross-Media Electronic Reporting: Georgia, Authorized Program Revision Approval, 59772-59773 2015-25119 Environmental Impact Statements; Availability, etc.; Weekly Receipts, 59775 2015-24908 Registration Reviews: Conventional, Biopesticide and Antimicrobial Pesticide Dockets Opened for Review and Comment, 59775-59777 2015-25167 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 59725-59726 2015-25054 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Airplanes, 59568-59570 2015-24839 The Boeing Company Airplanes, 59570-59575 2015-24677 PROPOSED RULES Airworthiness Directives: CFM International S.A. Turbofan Engines, 59672-59674 2015-24729 Aviation Maintenance Technician Schools, 59674-59690 2015-24841 NOTICES Federal Grant Assurance Obligations:
Elko Regional Airport (EKO), Elko, NV, 59847 2015-25086 Petitions for Exemptions; Summaries: Goodwyn Group, 59846 2015-25089 Surplus Property Releases: Brunswick Executive Airport, Brunswick, ME, 59846-59847 2015-25092 Manchester-Boston Regional Airport, Manchester, NH, 59847-59848 2015-25093 Federal Communications Federal Communications Commission RULES Television Market Modification; Statutory Implementation, 59635-59664 2015-24999 PROPOSED RULES Implementation of the STELA Reauthorization Act, Totality of the Circumstances Test, 59706-59719 2015-24843 Petitions for Reconsideration of Action in Rulemaking Proceeding, 59705 2015-25001 Wireline Competition Bureau Further Extends Comment Deadlines in Special Access Proceeding, 59705-59706 2015-25048 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59777-59778 2015-25000 Federal Emergency Federal Emergency Management Agency RULES Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; States and Tribal Mitigation Planning, 59549-59551 2015-24584 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Bedford, VA, 59764-59765 2015-25019 FFP Project 92, LLC, 59763-59764 2015-25011 FirstLight Hydro Generating Co., 59767-59768 2015-25018 San Diego County Water Authority, City of San Diego, 59761-59762 2015-25033 Combined Filings, 59760-59763, 59765-59767, 59772 2015-25008 2015-25013 2015-25014 2015-25123 2015-25124 2015-25125 Environmental Assessments;
Availability, etc.: Woodland Pulp, LLC, 59767 2015-25017 Exemption Transfers: Salvatore and Michelle Shifrin Mansfield Hollow Hydro, LLC, 59764 2015-25010 Filings: North American Electric Reliability Corp., 59761 2015-25020 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Baltimore Power Co., LLC, 59768 2015-25022 Koch Energy Services, LLC, 59759 2015-25015 Latigo Wind Park, LLC, 59759 2015-25016 National Gas and Electric, LLC, 59769 2015-25009 Sandstone Solar LLC, 59769 2015-25021 Intents to Prepare Environmental Documents:
National Grid LNG, LLC, Planned Fields Point Liquefaction Project; Environmental Issues, and Public Scoping Meeting, 59769-59772 2015-25012 Federal Motor Federal Motor Carrier Safety Administration RULES Hours of Service for Drivers: Regulatory Guidance Concerning the Editing of Automatic On-Board Recording Device Information, 59664-59665 2015-25135 NOTICES Hours of Service of Drivers; Exemption Applications: R and R Transportation Group, 59848-59850 2015-25132 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 59850 2015-25007 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 59778 2015-25097 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 59778 2015-25098 Federal Trade Federal Trade Commission NOTICES Telemarketing Sales Rule Fees, 59778-59779 2015-25081 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Two Foreign Macaw Species, 59976-60021 2015-24820 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Greater Sage-grouse (Centrocercus urophasianus); 12-Month Finding on Petition to List, 59858-59942 2015-24292 NOTICES Meetings:
Aquatic Nuisance Species Task Force, 59811-59812 2015-25115 Food and Drug Food and Drug Administration NOTICES Evaluation of the Prescription Drug User Fee Act Workload Adjuster, 59786-59787 2015-25117 Guidance: M4E(R2)--The Common Technical Document--Efficacy; International Conference on Harmonisation, 59785-59786 2015-25122 Identification of Alternative In Vitro Bioequivalence Pathways Which Can Reliably Ensure In Vivo Bioequivalence of Product Performance, etc., 59787-59788 2015-25121 Food and Nutrition Food and Nutrition Service NOTICES Requests for Nominations:
National Advisory Council on Maternal, Infant and Fetal Nutrition, 59726-59727 2015-25052 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 59854-59855 2015-25070 Forest Forest Service NOTICES Boundary Modifications: Idaho Roadless Area; Caribou-Targhee National Forest, 59727 2015-25136 Environmental Impact Statements; Availability, etc.: Proposed North-South Project, San Bernardino National Forest, CA, 59728-59729 2015-25095 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59788-59789 2015-24956 Meetings: Centers for Disease Control and Prevention/Health Resources and Services Administration Advisory Committee on HIV, Viral Hepatitis and Sexually Transmitted Diseases Prevention and Treatment, 59790 2015-24957 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services RULES Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
States and Tribal Mitigation Planning, 59549-59551 2015-24584 NOTICES Meetings: Homeland Security Academic Advisory Council, 59803-59804 2015-24585 Senior Executive Service Performance Review Boards, 59804-59805 2015-25157 Housing Housing and Urban Development Department PROPOSED RULES Disposition of HUD-Acquired Single Family Properties; Updating HUD's Single Family Property Disposition Regulations, 59690-59695 2015-24837 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Application for Rural Capacity Building for Community Development and Affordable Housing NOFA, 59807 2015-25148 Contractor's Requisition-Project Mortgages, 59808 2015-25173 Manufactured Housing Survey, 59810-59811 2015-25171 Supplement to Application for Federally Assisted Housing, 59806-59807 2015-25072 Federal Property Suitable as Facilities to Assist the Homeless, 59808-59809 2015-24847 Multifamily, Health Care Facilities, and Hospital Mortgage Insurance Premiums for Fiscal Year 2016, 59809-59810 2015-25149 Indian Affairs Indian Affairs Bureau NOTICES Reservation Proclamations:
Shakopee Mdewakanton Sioux Community of Minnesota, 59812 2015-24797 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Tissue Paper Products from the People's Republic of China; Expedited Sunset Review, 59734-59735 2015-25153 Circular Welded Carbon Steel Pipes and Tubes from Thailand, 59732-59733 2015-25168 Citric Acid and Certain Citrate Salts from the People's Republic of China, 59731-59732 2015-25166 Stainless Steel Wire Rod from Italy, Japan, the Republic of Korea, Spain, and Taiwan;
Expedited Sunset Reviews, 59733-59734 2015-25151 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Ironing Tables and Certain Parts Thereof from China, 59815 2015-25061 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Parole Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Firearms Transaction Record, Part I, Over-the-Counter, 59816-59817 2015-25075 Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau RULES Application Procedures, Execution and Filing of Forms:
Correction of State Office Address for Filings and Recordings, Including Proper Offices for Recording of Mining Claims; Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all States East of the Mississippi River, 59634-59635 2015-25027 NOTICES Meetings: Wyoming Resource Advisory Council, 59813 2015-24974 Requests for Nominations: Front Range Resource Advisory Council, Colorado, 59813-59814 2015-25142 Utah Resource Advisory Council, 59813 2015-25145 Library Library of Congress See Copyright Royalty Board NASA National Aeronautics and Space Administration NOTICES Exclusive Licenses, 59828-59829 2015-24955 National Endowment for the Arts National Endowment for the Arts NOTICES Senior Executive Service Performance Review Board Membership, 59829 2015-24963 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES Petitions for Inconsequential Noncompliance:
Bridgestone Americas Tire Operations, LLC, 59850-59851 2015-25067 National Institute National Institutes of Health NOTICES Exclusive Commercial License Agreements: Development of MHC Class II Restricted T Cell Epitopes from the Cancer Antigen, NY ESO-1, for the Treatment of Human Cancers, 59797-59798 2015-24982 Exclusive Licenses: Analytical Instruments Utilizing Condensation Particle Counters for the Detection and Analysis of Small Aerosol Particles, 59798 2015-24985 Development of a ME-TARP based Immunotherapy, 59798-59799 2015-24989 Development of Non-viral Adoptive Cell Transfer-based Immunotherapies for the Treatment and Prophylaxis of Patients with Metastatic Cancer, 59790-59791 2015-24990 Differential Expression of Molecules Associated with Acute Stroke, 59794 2015-24988 Miniature Serial Sectioning Microtome for Block-face Imaging, 59796-59797 2015-24994 Government-Owned Inventions;
Availability for Licensing, 59794-59796 2015-24987 Meetings: Center for Scientific Review, 59791-59794, 59799-59800 2015-24983 2015-24986 National Cancer Institute, 59791 2015-25068 National Institute of General Medical Sciences, 59794 2015-24984 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; 2015 Recreational Accountability Measure and Closure for Red Grouper, 59665-59666 2015-25129 NOTICES Meetings:
Caribbean Fishery Management Council, 59737 2015-25112 Fisheries of the Gulf of Mexico Southeast Data, Assessment, and Review, 59736-59737 2015-25110 Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 59739 2015-25111 Fisheries of the U.S. Caribbean; Southeast Data, Assessment, and Review, 59737-59738 2015-25113 Sanctuary System Business Advisory Council, 59738-59739 2015-25096 Permits: Marine Mammals; File No. 19257, 59736 2015-24976 Marine Mammals; File No. 19590, 59738 2015-24975 National Park National Park Service NOTICES Meetings:
National Park System Advisory Board, 59814-59815 2015-25065 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Director's Decisions: Florida Power and Light Co., Turkey Point Nuclear Generating, Units 3 and 4, 59832-59833 2015-25126 License Renewals: Sequoyah Nuclear Plant, Units 1 and 2, 59831-59832 2015-25128 Meetings: Advisory Committee on Reactor Safeguards, 59829-59830 2015-25116 Advisory Committee on Reactor Safeguards Subcommittee on Fukushima, 59833-59834 2015-25120 Advisory Committee on Reactor Safeguards Subcommittee on Future Plant Design, 59831 2015-25118 Advisory Committee on Reactor Safeguards Subcommittee on Planning and Procedures, 59833 2015-25146 Meetings;
Sunshine Act, 59830-59831 2015-25312 Parole Parole Commission NOTICES Meetings; Sunshine Act, 59817 2015-25205 2015-25208 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Special Permits, 59851-59852 2015-23370 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Energy Action Month (Proc. 9332), 60023-60026 2015-25350 Reclamation Reclamation Bureau NOTICES Meetings: Colorado River Basin Salinity Control Advisory Council, 59815 2015-24645 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 59729-59730 2015-25053 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 59578-59580 2015-24904 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: New York Stock Exchange LLC, 59837-59845 2015-24970 2015-24971 NYSE Arca, Inc., 59834-59835 2015-24969 NYSE MKT LLC, 59836-59837 2015-24968 Small Business Small Business Administration PROPOSED RULES Affiliation for Business Loan Programs and Surety Bond Guarantee Program, 59667-59672 2015-25204 State Department State Department NOTICES Meetings:
Department of State Advisory Committee on Private International Law, 59845-59846 2015-25193 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Commuter Authority: Aviation Partners of Boynton Beach, LLC D/B/A Hummingbird Air, 59852 2015-24552 Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws, 59852-59854 2015-24996 Treasury Treasury Department See Foreign Assets Control Office U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Travel Document, Carrier Documentation, 59805-59806 2015-25055 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Commission on Care, 59855 2015-25066 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 59858-59942 2015-24292 Part III Bureau of Consumer Financial Protection, 59944-59973 2015-24362 Part IV Interior Department, Fish and Wildlife Service, 59976-60021 2015-24820 Part V Presidential Documents, 60023-60026 2015-25350 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 80 191 Friday, October 2, 2015 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY 2 CFR Part 3002 Federal Emergency Management Agency 44 CFR Parts 13, 78, 79, 152, 201, 204, 206, 207, 208, 304, 360, and 361 [Docket ID: FEMA-2015-0012] RIN 1601-AA71 Adoption of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
States and Tribal Mitigation Planning Regulations Change AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule. SUMMARY: On December 19, 2014, all Federal award-making agencies, including the Department of Homeland Security
(DHS)and its component, the Federal Emergency Management Agency (FEMA), published a joint interim final rule implementing the Office of Management and Budget (OMB)'s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. DHS and FEMA now adopt, with one change, the interim final rule as final. The change restores language in the FEMA State and Tribal mitigation planning regulations that was inadvertently removed by the interim final rule. DATES: *Effective Date:* November 2, 2015. FOR FURTHER INFORMATION CONTACT: Andrea Brandon, Director, Financial Assistance Policy and Oversight (FAPO), Office of the Chief Financial Officer (OCIO), DHS, at
(202)447-0675 or *Andrea.Brandon@hq.dhs.gov* . Paul Huang, Acting Division Director, Risk Analysis Division, Federal Insurance and Mitigation Administration, DHS/FEMA, at
(202)646-3252 or *Paul.Huang@fema.dhs.gov* . SUPPLEMENTARY INFORMATION: I. Background On November 23, 2009, the President issued Executive Order 13520 (“Reducing Improper Payments and Eliminating Waste in Federal Programs”). On February 28, 2011, the President issued a Presidential Memorandum (“Administrative Flexibility, Lower Costs, and Better Results for State, Local, and Tribal Governments”). These documents directed OMB to work with Executive Branch agencies to potentially establish reforms on Federal grant policies. In response, on October 27, 2011, OMB established the Council on Financial Assistance Reform, an interagency group of Executive Branch officials tasked with creating an accountable structure to coordinate financial assistance, streamline Federal grant-making requirements, ease administrative burdens, and strengthen Federal fund oversight to reduce risks of waste, fraud, and abuse. On February 28, 2012, OMB published an Advanced Notice of Proposed Guidance. *See* 77 FR 11778. On February 1, 2013, OMB published a Notice of Proposed Guidance. *See* 78 FR 7282. Both documents solicited public comment on ideas for reforming the requirements that govern the management of Federal financial assistance awards. On December 26, 2013, OMB published the Uniform Guidance, which added Part 200 (“OMB Guidance”) to Title 2 (“Grants and Agreements”) of the Code of Federal Regulations. *See* 79 FR 75871. The Uniform Guidance included: • The consolidation of eight previously-issued OMB Circulars on grants and awards; • A uniform set of administrative requirements for grant recipients; • A focus on grantee performance over compliance for accountability; • An emphasis on efficient uses of information technology and shared services; • A uniform set of cost principles that treats costs transparently and consistently; • A limitation on allowable costs in order to make best uses of Federal resources; • The standardization of business processes using consistent data element definitions; • An emphasis on oversight by reviewing risks prior to awarding grants; and • A uniform set of audit requirements that prioritizes identifying the risks of fraud, waste, and abuse. The Uniform Guidance required Federal agencies to implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014. *See* 2 CFR 200.110. On December 19, 2014, all Federal award-making agencies promulgated a joint interim final rule implementing the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. *See* 79 FR 75871. In the interim final rule, DHS adopted OMB's Guidance as DHS's own via 2 CFR part 3002, and FEMA removed 44 CFR part 13 (FEMA's grant administration regulations). Also, throughout Title 44, FEMA replaced all references to Part 13 with corresponding references to 2 CFR parts 200 and 3002, as applicable. During the joint interim final rule's comment period, OMB received 61 comments from individuals and organizations. No comments OMB received referenced DHS or FEMA. Thus, DHS and FEMA are adopting the interim final rule as final, with one change. II. Change to December 19, 2014 Interim Final Rule FEMA's mitigation planning regulations are located at 44 CFR part 201, and set forth instructions on the policies and procedures for State, Tribal, and local hazard mitigation planning. Hazard mitigation is any sustained action taken to reduce or eliminate long-term risk to people and property from natural hazards and their effects. The purpose of hazard mitigation planning is to identify policies and actions that can be implemented over the long-term to reduce risk and future losses. State, Indian Tribal, and local governments are required to develop a hazard mitigation plan as one of the conditions for establishing eligibility for certain types of Federal non-emergency disaster assistance and FEMA mitigation grants. The December 19, 2014 joint interim final rule contained an inadvertent error to FEMA's Standard State Mitigation Planning regulations at 44 CFR 201.4(c)(7) and to FEMA's Tribal Mitigation Planning regulations at 44 CFR 201.7(c)(6). Prior to the December 19, 2014 joint interim final rule, these sections read as published in Title 44 of the Code of Federal Regulations, revised as of October 1, 2014. In the December 19, 2014 joint interim final rule, FEMA revised the first sentences of 44 CFR 201.4(c)(7) and 44 CFR 201.7(c)(6) with a general citation to 2 CFR parts 200 and 3002. However, FEMA unintentionally removed the second sentence of these sections and thus inadvertently removed a procedure by which States and Indian Tribal governments amend their mitigation plans when necessary to reflect changes in State, Indian Tribal, or Federal laws or regulations. In this final rule, FEMA is reinserting this provision. While FEMA previously referenced 44 CFR 13.11(d) in both 44 CFR 201.4(c)(7) and in 44 CFR 201.7(c)(6), FEMA, as noted above, removed 44 CFR part 13 and replaced all references to Part 13 with corresponding references to 2 CFR parts 200 and 3002, as applicable. There are no corresponding pinpoint cites in 2 CFR part 200 or Part 3002 that replace the requirements found at 44 CFR 13.11(d). Thus, FEMA cannot carry this reference over to the revised regulations. FEMA regulations have included the procedure for States and Indian Tribal governments since 2002 and 2007, respectively, to amend their plans to reflect changes in State, Indian Tribal, or Federal laws, statutes and regulations, as applicable. As FEMA is simply reinserting an inadvertently removed and longstanding provision, this change does not create new program requirements. FEMA also describes these provisions in various guidance materials and is revising the references as applicable. 1 1 State Multi-Hazard Planning Guidance, effective through March 5, 2016, *https://www.fema.gov/media-library/assets/documents/103285* ; State Mitigation Plan Review Guide, effective on March 6, 2016, *https://www.fema.gov/media-library/assets/documents/101659;* Tribal Multi-Hazard Planning Guidance, *https://www.fema.gov/media-library/assets/documents/18355.* III. Regulatory Analyses A. Executive Order 12866 Determination Pursuant to Executive Order 12866, as amended, OMB's Office of Information and Regulatory Affairs
(OIRA)has designated this final rule to be not significant. B. Administrative Procedure Act The Administrative Procedure Act
(APA)provides that an agency may dispense with notice and comment rulemaking procedures when it promulgates an interpretive rule, a general statement of policy, or a rule of agency organization, procedure, or practice. *See* 5 U.S.C. 553(b)(A). DHS is issuing this change to reinstate FEMA procedures inadvertently removed in the interim final rule, related to ensuring mitigation plan compliance with applicable laws and regulations. Thus, DHS finds that this part of the final rule relates to agency procedures and is exempt from notice and comment. In addition, the APA provides that an agency may dispense with notice and comment rulemaking procedures when an agency, for good cause, finds those procedures are impracticable, unnecessary, or contrary to the public interest. *See* 5 U.S.C. 553(b)(B). DHS is reinserting two provisions concerning mitigation plan compliance with applicable laws and regulations, a requirement that was already present in 44 CFR 201.4(c)(7) and 44 CFR 201.7(c)(6). Thus, DHS finds that notice and comment is unnecessary and that this part of the final rule is exempt from notice and comment. C. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)requires an agency that is issuing a final rule to provide a final regulatory flexibility analysis or to certify that the rule will not have a significant economic impact on a substantial number of small entities. This final rule imposes no cost as the common interim rule implemented OMB final guidance issued on December 26, 2013, and did not have a significant economic impact beyond the impact of the December 2013 guidance. D. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 109 Stat. 48 (Mar. 22, 1995) (2 U.S.C. 1501 *et seq.* ), requires Federal agencies to assess the effects of their discretionary regulatory actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. As the final rule would not have an impact greater than $100,000,000 or more in any one year, it is not an unfunded Federal mandate. E. Paperwork Reduction Act
(PRA)of 1995 In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3506; 5 CFR Appendix A.1) (PRA), DHS and FEMA reviewed this final rule and have determined that there are no new collections of information contained therein. F. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, “Consultation and Coordination With Indian Tribal Governments,” (65 FR 67249, Nov. 9, 2000), applies to agency regulations that have Tribal implications, that is, regulations that have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Under this Executive Order, to the extent practicable and permitted by law, no agency shall promulgate any regulation that has Tribal implications, that imposes substantial direct compliance costs on Indian Tribal governments, and that is not required by statute, unless funds necessary to pay the direct costs incurred by the Indian Tribal government or the Tribe in complying with the regulation are provided by the Federal Government, or the agency consults with Tribal officials. DHS and FEMA have determined that this final rule does not have any Tribal implications. G. Executive Order 13132 Determination DHS and FEMA have determined that this final rule does not have any federalism implications, as required by Executive Order 13132. List of Subjects 2 CFR Part 3002 Accounting, Administrative practice and procedure, Adult education, Aged, Agriculture, American Samoa, Bilingual education, Blind, Business and industry, Civil rights, Colleges and universities, Communications, Community development, Community facilities, Copyright, Credit, Cultural exchange programs, Educational facilities, Educational research, Education, Education of disadvantaged, Education of individuals with disabilities, Educational study programs, Electric power, Electric power rates, Electric utilities, Elementary and secondary education, Energy conservation, Equal educational opportunity, Federally affected areas, Government contracts, Grant programs, Grant programs-agriculture, Grant programs-business and industry, Grant programs-communications, Grant programs-education, Grant programs-energy, Grant programs-health, Grant programs-housing and community development, Grant programs-social programs, Grant administration, Guam, Home improvement, Homeless, Hospitals, Housing, Human research subjects, Indians, Indians-education, Infants and children, Insurance, Intergovernmental relations, International organizations, Inventions and patents, Loan programs, Loan programs social programs, Loan programs-agriculture, Loan programs-business and industry, Loan programs-communications, Loan programs-energy, Loan programs-health, Loan programs-housing and community development, Manpower training programs, Migrant labor, Mortgage insurance, Nonprofit organizations, Northern Mariana Islands, Pacific Islands Trust Territories, Privacy, Renewable Energy, Reporting and recordkeeping requirements, Rural areas, Scholarships and fellowships, School construction, Schools, Science and technology, Securities, Small businesses, State and local governments, Student aid, Teachers, Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands, Vocational education, Vocational rehabilitation, Waste treatment and disposal, Water pollution control, Water resources, Water supply, Watersheds, Women. 44 CFR Part 13 Accounting, Grant programs, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. 44 CFR Part 78 Flood insurance, Grant programs. 44 CFR Part 79 Flood insurance, Grant programs. 44 CFR Part 152 Fire prevention, Grant programs, Reporting and recordkeeping requirements. 44 CFR Part 201 Administrative practice and procedure, Disaster assistance, Grant programs, Reporting and recordkeeping requirements. 44 CFR Part 206 Administrative practice and procedure, Coastal zone, Community facilities, Disaster assistance, Fire prevention, Grant programs-housing and community development, Housing, Insurance, Intergovernmental relations, Loan programs-housing and community development, Natural resources, Penalties, Reporting and recordkeeping requirements. 44 CFR Part 207 Administrative practice and procedure, Disaster assistance, Grant programs, Reporting and recordkeeping requirements. 44 CFR Part 208 Disaster assistance, grant programs. 44 CFR Part 304 American Samoa, Civil defense, Grant programs-National defense, Guam, Northern Mariana Islands, Reporting and recordkeeping requirements, Virgin Islands. 44 CFR Part 360 Civil defense, Disaster assistance, Education, Grant programs-education, Intergovernmental relations, Reporting and recordkeeping requirements. 44 CFR Part 361 Disaster assistance, Grant programs-housing and community development, Reporting and recordkeeping requirements. Accordingly, the interim final rule amending 2 CFR part 3002 and 44 CFR parts 13, 78, 79, 152, 201, 204, 206, 207, 208, 304, 360, and 361, which was published in the **Federal Register** at 79 FR 75871 on December 19, 2014, is adopted as final with the following changes: Title 44—Emergency Management and Assistance PART 201—MITIGATION PLANNING 1. The authority citation for Part 201 continues to read as follows: Authority: Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 through 5207; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; Homeland Security Act of 2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376; E.O. 12148, 44 FR 43239, 3 CFR, 1979 Comp., p. 412; E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166. 2. Section 201.4 is amended by adding a sentence to the end of paragraph (c)(7) to read as follows: § 201.4 Standard State Mitigation Plans.
(c)* * *
(7)* * * The State will amend its plan whenever necessary to reflect changes in State or Federal statutes and regulations. 3. Section 201.7 is amended by adding a sentence to the end of paragraph (c)(6) to read as follows: § 201.7 Tribal Mitigation Plans.
(c)* * *
(6)* * * The Indian Tribal government will amend its plan whenever necessary to reflect changes in Tribal or Federal laws and statutes. Dated: September 22, 2015. Jeh Charles Johnson, Secretary of Homeland Security. [FR Doc. 2015-24584 Filed 10-1-15; 8:45 am]
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- 2 CFR 3002
- 44 CFR 13
- 44 CFR 201
- 44 CFR 201.4(c)(7)
- 44 CFR 201.7(c)(6)
- 44 CFR 13.11(d)
- 2 CFR 200
- Pub. L. 104-4
- 109 Stat. 48
- 44 CFR 78
- 44 CFR 79
- 44 CFR 152
- 44 CFR 206
- 44 CFR 207
- 44 CFR 208
- 44 CFR 304
- 44 CFR 360
- 44 CFR 361
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