Unknown. Direct final rule

5,204 words·~24 min read·/register/2018/11/23/2018-25523

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-2018-11-23.xml --- 83 226 Friday, November 23, 2018 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See National Agricultural Statistics Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59354-59356 2018-25476 2018-25499 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 59354 2018-25493 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Animal Disease Training, 59356-59357 2018-25462 Antitrust Division Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement: United States v. GS Caltex Corp. et al., 60306-60327 2018-25461 Army Army Department NOTICES Meetings:

Army Education Advisory Subcommittee, 59364-59365 2018-25503 Prize Competitions: Expeditionary Technology Search II, 59365-59366 2018-25502 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Appraisals for Higher-Priced Mortgage Loans Exemption Threshold, 59272-59274 2018-25400 Consumer Leasing (Regulation M), 59274-59276 2018-25396 Truth in Lending (Regulation Z), 59276-59278 2018-25398 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2019; Medicare Shared Savings Program Requirements; Quality Payment Program; Medicaid Promoting Interoperability Program; etc., 59836-60303 2018-24170 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59385-59386 2018-25548 Coast Guard Coast Guard RULES Drawbridge Operations: Delaware River, Pennsauken Township, NJ, 59307-59312 2018-25544 Three Mile Slough, Rio Vista, CA, 59312 2018-25455 Safety Zones:

Lower Mississippi River, Mile Markers 94 to 95 Above Head of Passes, New Orleans, LA, 59314 2018-25434 Pipeline Construction, Tennessee River Miles 465 to 466, Chattanooga, TN, 59312-59314 2018-25536 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59392-59393 2018-25481 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency RULES Appraisals for Higher-Priced Mortgage Loans Exemption Threshold, 59272-59274 2018-25400 Defense Department Defense Department See Army Department See Navy Department RULES DoD Identity Management, 59303-59307 2018-25500 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59366-59370 2018-25438 2018-25445 2018-25457 2018-25460 2018-25466 2018-25505 2018-25533 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Resource Information System, 59371 2018-25485 Employment and Training Employment and Training Administration NOTICES Federal Unemployment Tax Act Credit Reduction Applicable in 2018, 59418-59419 2018-25456 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

International Energy Agency, 59371-59373 2018-25526 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Utah; Logan Nonattainment Area Fine Particulate Matter State Implementation Plan for Attainment of 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standards, 59315-59317 2018-25486 PROPOSED RULES Air Quality Designation for the 2010 Sulfur Dioxide Primary National Ambient Air Quality Standard:

Arkansas; Redesignation of the Independence County Area, 59350-59352 2018-25477 Air Quality State Implementation Plans; Approvals and Promulgations: Missouri: Emissions Inventory for the Missouri Jackson County and Jefferson County 2010 Sulfur Dioxide National Ambient Air Quality Standard Nonattainment Areas, 59348-59350 2018-25553 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Distribution of Offsite Consequence Analysis Information under Section 112(r)(7)(H) of the Clean Air Act, 59379-59380 2018-25555 General Hazardous Waste Facility Standards, 59377 2018-25547 Generator Standards Applicable to Laboratories Owned by Eligible Academic Entities, 59378 2018-25552 Environmental Impact Statements;

Availability, etc.: Weekly Receipts, 59377-59379 2018-25501 2018-25590 Farm Service Farm Service Agency RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59269-59272 2018-25523 PROPOSED RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59318 2018-25522 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus SAS Airplanes, 59278-59288 2018-24486 2018-25387 Zodiac Aero Evacuation Systems (also known as Air Cruisers Company), 59290-59295 2018-25003 Zodiac Seats France Cabin Attendant Seats, 59288-59290 2018-25436 PROPOSED RULES Airworthiness Directives:

Airbus SAS airplanes, 59328-59331 2018-25386 Dassault Aviation Airplanes, 59326-59328 2018-25385 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59380-59385 2018-25425 2018-25479 2018-25520 Meetings; Sunshine Act, 59380, 59383 2018-25697 2018-25698 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 59394-59397, 59400-59403 2018-25545 2018-25551 Flood Hazard Determinations;

Proposals, 59393-59394, 59398-59399 2018-25525 2018-25546 Major Disaster Declarations: Florida; Amendment No. 7, 59398 2018-25562 Georgia; Amendment No. 5, 59397-59398 2018-25527 Georgia; Amendment No. 6, 59399-59400 2018-25531 Federal Energy Federal Energy Regulatory Commission RULES Accounting and Ratemaking Treatment of Accumulated Deferred Income Taxes and Treatment Following the Sale or Retirement of an Asset, 59295-59303 2018-25372 PROPOSED RULES Public Utility Transmission Rate Changes to Address Accumulated Deferred Income Taxes, 59331-59343 2018-25370 NOTICES Complaints:

CITGO Petroleum Corp. v. Colonial Pipeline Co., 59373 2018-25464 Environmental Assessments; Availability, etc.: City of Radford, 59374-59375 2018-25465 Environmental Impact Statements; Availability, etc.: Gulf LNG Liquefaction Company, LLC; Gulf LNG Energy, LLC; Gulf LNG Pipeline, LLC; Gulf LNG Liquefaction Project, 59375-59377 2018-25473 Hydroelectric Applications: City of Woonsocket, 59373-59374 2018-25472 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Epilepsy and Seizure Disorders, 59444-59446 2018-25510 Federal Reserve Federal Reserve System RULES Appraisals for Higher-Priced Mortgage Loans Exemption Threshold, 59272-59274 2018-25400 Consumer Leasing (Regulation M), 59274-59276 2018-25396 Truth in Lending (Regulation Z), 59276-59278 2018-25398 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings: Federal Retirement Thrift Investment Board, 59385 2018-25543 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Policy for Evaluation of Conservation Efforts when Making Listing Decisions, 59406-59408 2018-25454 Food and Drug Food and Drug Administration NOTICES Approval of Product under Voucher: Rare Pediatric Disease Priority Review Voucher, 59386 2018-25480 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 59448 2018-25489 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities:

Bloom Energy Corp., Foreign-Trade Zone 18, San Jose, CA, 59358-59359 2018-25517 Driftwood LNG, LLC, Foreign-Trade Zone 87, Lake Charles, LA, 59358 2018-25518 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Dairy Syncline Mine and Reclamation Plan, Caribou County, Idaho, 59411-59412 2018-25509 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 59408 2018-25561 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 59388-59389 2018-25439 Requests for Information: Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 59386-59388 2018-25435 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Meetings: President's National Infrastructure Advisory Council, 59403-59404 2018-25524 Housing Housing and Urban Development Department NOTICES Certain Operating Cost Adjustment Factors for 2019, 59404-59406 2018-25440 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Human Capital Management Strengths and Needs Assessment, 59408-59409 2018-25482 Proposed Finding against Federal Acknowledgment of the Southern Sierra Miwuk Nation, 59409-59410 2018-25487 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Estate and Gift Taxes;

Difference in the Basic Exclusion Amount, 59343-59348 2018-25538 NOTICES Tier 2 Tax Rates, 59448 2018-25459 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Oil Country Tubular Goods from India, 59360-59362 2018-25516 Commencement of a Compliance Proceeding Pursuant to Section 129 of the Uruguay Round Agreements Act, 59359-59360 2018-25384 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Two-Way Radio Equipment and Systems, Related Software and Components Thereof, 59415-59417 2018-25463 U.S.-EU Trade Agreement: Advice on the Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports, 59417-59418 2018-25677 Justice Department Justice Department See Antitrust Division Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Dairy Syncline Mine and Reclamation Plan, Caribou County, Idaho, 59411-59412 2018-25509 Legal Legal Services Corporation NOTICES Request for Letters of Intent to Apply for 2019 Pro Bono Innovation Fund Grants, 59419-59421 2018-25557 Management Management and Budget Office NOTICES Meetings: Cost Accounting Standards Board, 59422 2018-25437 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59357-59358 2018-25496 National Credit National Credit Union Administration PROPOSED RULES Fidelity Bonds, 59318-59326 2018-25402 National Highway National Highway Traffic Safety Administration PROPOSED RULES Pilot Program for Collaborative Research on Motor Vehicles with High or Full Driving Automation;

Extension of Comment Period, 59353 2018-25532 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 59390 2018-25428 National Institute on Drug Abuse, 59389-59390 2018-25426 2018-25427 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59362-59363 2018-25488 Determinations: Overfishing or an Overfished Condition, 59362 2018-25558 Fisheries of the Northeastern United States:

Atlantic Surfclam and Ocean Quahog Fisheries; Notice that Vendor Will Provide 2019 Cage Tags, 59363 2018-25504 Requests for Nominations: Nominations to the Marine Fisheries Advisory Committee, 59363 2018-25521 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Historic Landmarks Nomination Form, 59413-59414 2018-25431 Using Web and Mobile-Based Applications during NPS Citizen Science Events, 59413 2018-25430 Meetings:

Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee, 59412-59413 2018-25541 Na Hoa Pili O Kaloko-Honokohau National Historical Park Advisory Commission, 59412 2018-25540 National Science National Science Foundation NOTICES Meetings: Business and Operations Advisory Committee, 59422-59423 2018-25451 Meetings; Sunshine Act, 59423-59424 2018-25717 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59370-59371 2018-25474 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board:

Interim Storage Partners LLC, 59424 2018-25453 Meetings; Sunshine Act, 59424-59425 2018-25701 Patent Patent and Trademark Office NOTICES Interim Extension of the Term of U.S. Patent: OPTIMIZER Smart Implantable Pulse Generator, 59363-59364 2018-25537 2018-25539 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Materials, 59446-59447 2018-25484 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 59425-59426 2018-25483 Postal Service Postal Service NOTICES Product Changes:

Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 59426 2018-25450 Priority Mail Negotiated Service Agreement, 59426 2018-25447 2018-25448 2018-25449 Transfer of Inbound Letter Post Small Packets and Bulky Letters, and Inbound Registered Service Associated with Such Items, to Competitive Product List, 59426 2018-25429 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Family Week (Proc. 9826), 60329-60332 2018-25766 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Diversions, Return Flow, and Consumptive Use of Colorado River Water in the Lower Colorado River Basin, 59414-59415 2018-25498 Rural Business Rural Business-Cooperative Service RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59269-59272 2018-25523 PROPOSED RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59318 2018-25522 Rural Housing Service Rural Housing Service RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59269-59272 2018-25523 PROPOSED RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59318 2018-25522 Rural Utilities Rural Utilities Service RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59269-59272 2018-25523 PROPOSED RULES Rural Development Environmental Regulation for Rural Infrastructure Projects, 59318 2018-25522 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59431-59435, 59439-59440 2018-25442 2018-25490 2018-25491 2018-25492 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 59429-59432 2018-25469 2018-25471 Miami International Securities Exchange, LLC, 59435-59439 2018-25470 Nasdaq PHLX LLC, 59433-59434 2018-25467 National Securities Clearing Corp., 59427-59429 2018-25468 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59440-59442 2018-25511 2018-25513 2018-25514 2018-25515 2018-25519 State Department State Department NOTICES Certification Pursuant to Department of State, Foreign Operations, and Related Programs Appropriations Act:

Libya, 59442 2018-25563 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59390-59392 2018-25559 2018-25560 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control Exemption: R. J. Corman Railroad Group, LLC and R. J. Corman Railroad Co., LLC; Nashville and Western Railroad Corp. and Nashville and Eastern Railroad Corp., 59442-59443 2018-25574 Continuances in Control;

Exemptions: Watco Holdings, Inc.; Ithaca Central Railroad, LLC, 59443-59444 2018-25549 Lease and Operation Exemptions: Ithaca Central Railroad, LLC from Norfolk Southern Railway Co., 59444 2018-25550 Lease Renewal Exemptions with Interchange Commitments: Tulsa-Sapulpa Union Railway Co., LLC; Union Pacific Railroad Co., 59442 2018-25529 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

Aviation Consumer Protection Matters; Subcommittee on In-Flight Sexual Misconduct, 59447-59448 2018-25508 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on the Readjustment of Veterans, 59449 2018-25507 Advisory Committee on Women Veterans, 59449 2018-25542 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 59836-60303 2018-24170 Part III Justice Department, Antitrust Division, 60306-60327 2018-25461 Part IV Presidential Documents, 60329-60332 2018-25766 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 226 Friday, November 23, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Rural Housing Service Rural Utilities Service Farm Service Agency 7 CFR Part 1970 RIN 0572-AC44 Rural Development Environmental Regulation for Rural Infrastructure Projects AGENCY:

Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service, Farm Service Agency, USDA. ACTION: Direct final rule. SUMMARY: The United States Department of Agriculture

(USDA)Rural Development (RD), comprised of the Rural Business-Cooperative Service (RBS), Rural Housing Service (RHS), and Rural Utilities Service (RUS), hereafter referred to as the Agency, is issuing a direct final rule to update the Agency's Environmental Policies and Procedures regulation (7 CFR 1970) to allow the Agency Administrators limited flexibility to obligate federal funds for infrastructure projects prior to completion of the environmental review while ensuring full compliance with National Environmental Policy Act

(NEPA)procedures prior to project construction and disbursement of any RD funding. This change will allow RD to more fully meet the Administration's goals to speed the initiation of infrastructure projects and encourage planned community economic development without additional cost to taxpayers or change to environmental review requirements. DATES: This rule is effective January 7, 2019, without further action, unless the Agency receives significant adverse comments or, an intent to submit a significant adverse comment, by December 24, 2018. Written significant adverse comments or, an intent to submit a significant adverse comment, must be received by Rural Development or carry a postmark or equivalent no later than December 24, 2018. If significant adverse comments are received, the Agency will publish a timely **Federal Register** document withdrawing this rule. The Agency is publishing a proposed rule contemporaneously with this final rule. ADDRESSES: Submit your comments on this rule by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and, in the lower “Search Regulations and Federal Actions” box, select “Rural Utilities Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select RUS-18-AGENCY-0005 to submit or view public comments and to view supporting and related materials available electronically. Information on using *Regulations.gov* , including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send your comment addressed to Michele Brooks, Rural Development Innovation Center, Regulations Team Lead, U.S. Department of Agriculture, 1400 Independence Ave. SW, Stop 1522, Room 1562, Washington, DC 20250. Please state that your comment refers to Docket No. RUS-18-AGENCY-0005. *Other Information:* Additional information about Rural Development and its programs is available on the internet at *https://www.usda.gov/topics/rural* . FOR FURTHER INFORMATION CONTACT: Kellie McGinness Kubena, Director, Engineering and Environmental Staff, Rural Utilities Service, USDA Rural Development, 1400 Independence Ave SW, Mail Stop 1571, Room 2242, Washington, DC 20250-1571 Phone: 202-720-1649. SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule has been determined to be not significant for the purposes of Executive Order 12866, Regulatory Planning and Review, and therefore has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all state and local laws and regulations that are in conflict with this rule will be preempted. No retroactive effect will be given to this rule and, in accordance with section 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)), administrative appeal procedures must be exhausted before an action against the Department or its agencies may be initiated. Executive Order 12372 This final rule is not subject to the requirements of Executive Order 12372, “Intergovernmental Review,” as implemented under USDA's regulations at 2 CFR part 415, subpart C, because this rule provides general guidance on NEPA and related environmental reviews of applicants' proposals. Applications for Agency programs will be reviewed individually under Executive Order 12372 as required by program procedures. Regulatory Flexibility Act Certification The Agency has determined that this final rule will not have a significant economic impact on a substantial number of small entities, as defined in the Regulatory Flexibility Act (5 U.S.C. §§ 601 *et seq.* ), given that the amendment is only an administrative, procedural change on the government's part with respect to obligation of funds. National Environmental Policy Act In this final rule, the Agency proposes to create limited flexibility for the timing of obligation of funds relative to the completion of environmental review. The Council on Environmental Quality

(CEQ)does not direct agencies to prepare a NEPA analysis before establishing agency procedures that supplement the CEQ regulations for implementing NEPA. The requirements for establishing agency NEPA procedures are set forth at 40 CFR 1505.1 and 1507.3. The determination that establishing agency NEPA procedures does not require NEPA analysis and documentation has been upheld in *Heartwood, Inc.* v. *U.S. Forest Service,* 73 F. Supp. 2d 962, 972-73 (S.D. III. 1999), aff'd, 230 F.3d 947, 954- 55 (7th Cir. 2000). Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance

(CFDA)numbers assigned to the RD Programs affected by this rulemaking are as follows: 10.760—Water & Waste Disposal System Systems for Rural Communities. 10.761—Technical Assistance and Training Grants. 10.762—Solid Waste Management Grants. 10.763—Emergency Community Water Assistance Grants. 10.770—Water & Waste Disposal Loan and Grants (Section 306C). 10.766—Community Facilities Loans and Grants. 10.850—Rural Electrification Loans and Loan Guarantees. 10.851—Rural Telephone Loans and Loan Guarantees. 10.855—Distance Learning & Telemedicine Grants. 10.857—State Bulk Fuel Revolving Loan Fund. 10-858—Assistance to High Energy Cost-Rural Communities. 10.863—Community Connect Grants. 10.865—Biorefinery, Renewable Chemical, & Biobased Product Manufacturing Assistance Program. 10.866—Repowering Assistance Program. 10.867—Advanced Biofuel Payment Program. 10.868—Rural Energy for America Program. 10.886—Rural Broadband Access Loan and Loan Guarantee Program. All active CFDA programs can be found at *www.cfda.gov* . The Catalog is available on the internet at *http://www.cfda.gov* and the General Services Administration's (GSA's) free CFDA website at *http://www.cfda.gov* . The CFDA website also contains a PDF file version of the Catalog that, when printed, has the same layout as the printed document that the Government Publishing Office

(GPO)provides. GPO prints and sells the CFDA to interested buyers. For information about purchasing the Catalog of Federal Domestic Assistance from GPO, call the Superintendent of Documents at 202-512-1800 or toll free at 866-512-1800, or access GPO's online bookstore at *http://bookstore.gpo.gov* . Rural Development infrastructure programs not listed in this section nor on the CFDA website, but which are enacted pursuant to the Rural Electrification Act of 1936, 7 U.S.C. 901 *et seq.,* the Consolidated Farm and Rural Development Act of 1972, 7 U.S.C. 1921 *et seq.,* or any other Congressional act for Rural Development, will be covered by the requirements of this action when enacted. 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. Therefore, this rule is not subject to the requirements of §§ 202 and 205 of the Unfunded Mandates Reform Act of 1995. E-Government Act Compliance The Agency is committed to the E-Government Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. 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 the states is not required. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions 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. The latest revision of the Agency's Environmental Policies and Procedures in 2016 involved Tribal consultation via comment period and webinar as a baseline for future consultation on individual program actions. The creation of limited flexibility for the timing of obligation of funds relative to the completion of environmental review is only an administrative, procedural change on the government's part and in no way abridges or alters that agreement. Therefore, no further consultation is necessary on this rule change. The policies contained in this final rule do not have Tribal implications that preempt Tribal law. The Agency will continue to work directly with Tribes and Tribal applicants to improve access to Agency programs. This includes providing focused outreach to Tribes regarding implementation of this rule change. Additionally, the Agency will respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule. For further information on the Agency's Tribal consultation efforts, please contact Rural Development's Native American Coordinator at

(720)544-2911 or *AIAN@wdc.usda.gov* . USDA Non-Discrimination Policy In accordance with Federal civil rights law and U.S. Department of Agriculture

(USDA)civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information ( *e.g.,* Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at

(202)720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at

(800)877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at *http://www.ascr.usda.gov/complaint_filing_cust.html* and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call

(866)632-9992. Submit your completed form or letter to USDA by:

(1)Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410;

(2)fax:

(202)690-7442; or

(3)email: *program.intake@usda.gov* . USDA is an equal opportunity provider, employer, and lender. Information Collection and Recordkeeping Requirements In accordance with the Paperwork Reduction Act, the paperwork burden associated with this final rule has been approved by the Office of Management and Budget

(OMB)under the currently approved OMB Control Number 0575-0197. The Agency has determined that changes contained in this regulatory action do not substantially change current data collection that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Background The United States Department of Agriculture

(USDA)Rural Development

(RD)programs provide loans, grants and loan guarantees to support investment in rural infrastructure to spur rural economic development, create jobs, improve the quality of life, and address the health and safety needs of rural residents. Infrastructure investment is an important national policy priority. As directed by E.O. 13807 in 2017, USDA as a member of the Federal Permitting Improvement Steering Council has reviewed its NEPA implementing regulations and policies to identify impediments to efficient and effective environmental reviews and authorizations for infrastructure projects. This final rule is part of that effort to improve the efficiency and effectiveness of RD's environmental reviews and authorizations for infrastructure projects in rural America. On April 25, 2017, the President created the Interagency Task Force on Agriculture and Rural Prosperity (Task Force) through E.O. 13790 and appointed the Secretary of Agriculture as the Task Force's Chair. Among the purposes and functions of the Task Force was to, “. . . identify legislative, regulatory, and policy changes to promote in rural America agriculture, economic development, job growth, infrastructure improvements, technological innovation, energy security, and quality of life, including changes that remove barriers to economic prosperity and quality of life in rural America.” The Task Force Report issued on October 21, 2017, included calls to action on achieving e-Connectivity for Rural America, improving rural quality of life, harnessing technological innovation and developing the rural economy. Purpose of the Regulatory Action This rulemaking fulfills the mandate of E.O. 13807 as well as the goals of the President's Interagency Task Force on Agriculture and Rural Prosperity by identifying regulatory changes that promote economic development and improve the quality of life in rural America. The RD infrastructure projects impacted by this rule are often critical to the health and safety and quality of life in rural communities. In some cases, funding decisions made by Rural Development are the first step upon which a much larger process of community economic development depends. This amendment to existing regulation will allow the Agency to obligate funding *conditioned upon* the full and satisfactory completion of environmental review for infrastructure projects. This change will give applicants, and often the distressed communities they represent, some comfort to proceed with an economic development strategy, including the planning process associated with NEPA, without fear that funds may be rescinded before the NEPA process is completed. With this change in place, RD can more fully meet the government's goals of speeding up the initiation of infrastructure projects, encouraging planned community economic development, and leveraging investment without additional cost to taxpayers or any change in environmental review requirements. Infrastructure projects covered by this final rule include those, such as broadband, telecommunications, electric, energy efficiency, smart grid, water, sewer, transportation, and energy capital investments in physical plant and equipment. Changes to the Current Regulation Nothing in this final rule reduces RD's obligation to complete the NEPA planning process prior to foreclosing reasonable alternatives to the federal action. The current regulation at 7 CFR 1970.6 (“Financial assistance”) states that the Agency defines the major decision point for completion of NEPA as the approval of financial assistance. Similarly, 7 CFR 1970.11(b) identifies Agency obligation as the point by which the environmental review must be concluded. As amended by this final rule, 7 CFR 1970.11(b) will now provide RD Administrators limited flexibility to obligate funds for infrastructure projects prior to the completion of the environmental review process where the assurance that funds will be available is important for community health, safety, or economic development. As a result, the environmental review process must be completed prior to disbursement of any RD funds, or any other action that would have adverse environmental impact or limit the choice of reasonable alternatives. The conditions of obligation will be defined in the documentation of the agreement approving the financial assistance between the Agency and the applicant. If, however, the conditions of obligation are not met, or the agency chooses not to proceed with the project after considering the results of the NEPA process, the Agency will rescind the obligated funds. With these conditions, the Agency retains control of the final decision to authorize construction and release funds based on the satisfactory completion of the environmental review. Note, this final rule will not, and does not, change any of the requirements for environmental reviews. Should an applicant choose to commence a project and thus foreclose reasonable alternatives, such action would result in de-obligation of federal funding, thereby eliminating any federal action for NEPA purposes on the part of Rural Development. Until the Agency concludes the environmental review and decides to proceed with the project, the obligated funds will be reserved for the infrastructure project and less susceptible to Congressional rescission. List of Subjects in 7 CFR Part 1970 Administrative practice and procedure, Buildings and facilities, Environmental impact statements, Environmental protection, Grant programs, Housing, Loan programs, Natural resources, Utilities. Accordingly, for reasons set forth in the preamble, chapter XVII, of subtitle B, title 7, Code of Federal Regulations is amended as follows: PART 1970—ENVIRONMENTAL POLICIES AND PROCEDURES 1. The authority citation for part 1970 continues to read as follows: Authority: 7 U.S.C. 6941 *et seq.,* 42 U.S.C. 4241 *et seq.;* 40 CFR parts 1500-1508; 5 U.S.C. 301; 7 U.S.C. 1989; and 42 U.S.C. 1480. 2. Revise § 1970.11(b) to read as follow: § 1970.11 Timing of the environmental review process.

(b)The environmental review process must be concluded before the obligation of funds; except for infrastructure projects where the assurance that funds will be available for community health, safety, or economic development has been determined as necessary by the Agency Administrator. At the discretion of the Agency Administrator, funds may be obligated contingent upon the conclusion of the environmental review process prior to any action that would have an adverse effect on the environment or limit the choices of any reasonable alternatives. Funds so obligated shall be rescinded if the Agency cannot conclude the environmental review process before the end of the fiscal year after the year in which the funds were obligated, or if the Agency determines that it cannot proceed with approval based on findings in the environmental review process. For the purposes of this section, infrastructure projects shall include projects such as broadband, telecommunications, electric, energy efficiency, smart grid, water, sewer, transportation, and energy capital investments in physical plant and equipment, but not investments authorized in the Housing Act of 1949. Dated: November 9, 2018. Anne C. Hazlett, Assistant to the Secretary, Rural Development. Bill Northey, Under Secretary, Farm Production and Conservation. [FR Doc. 2018-25523 Filed 11-21-18; 8:45 am]

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