Unknown. Final rule

5,872 words·~27 min read·/register/2018/11/27/2018-25815

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-2018-11-27.xml --- 83 228 Tuesday, November 27, 2018 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60867-60868 2018-25626 Agriculture Agriculture Department See Rural Utilities Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60963-60965 2018-25530 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60868-60873 2018-25750 2018-25751 2018-25752 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60873-60874 2018-25840 2018-25858 Children Children and Families Administration NOTICES Statewide Data Indicators for Child and Family Services Reviews, 60874-60876 2018-25835 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Fireworks Display, Spa Creek, Annapolis, MD, 60802-60804 2018-25841 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60826 2018-25761 Charter Renewals: Department of Defense Federal Advisory Committees, 60826-60827 2018-25709 Meetings: U.S. Strategic Command Strategic Advisory Group, 60825-60826 2018-25745 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Senior Executive Service Performance Review Board, 60827 2018-25817 Drug Drug Enforcement Administration NOTICES Bulk Manufacturers of Controlled Substances; Applications: Cayman Chemical Co., 60900-60903 2018-25865 Insys Manufacturing, LLC, 60899-60900 2018-25862 Noramco, Inc., 60898 2018-25874 Bulk Manufacturers of Controlled Substances;

Registrations, 60897 2018-25875 Importers of Controlled Substances; Applications: Akorn, Inc., 60896-60897 2018-25873 Cambridge Isotope Laboratories, 60897-60898 2018-25869 Fisher Clinical Services, Inc., 60900 2018-25872 GE Healthcare, 60899 2018-25864 Sigma Aldrich Co., LLC, 60903-60904 2018-25867 Importers of Controlled Substances; Registrations, 60896, 60898-60899 2018-25863 2018-25866 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance;

Petitions, 60821 2018-25743 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grantee Reporting Form—Rehabilitation Services Administration Annual Payback Report, 60828-60829 2018-25747 Office of Elementary and Secondary Education Performance Review and Self-Assessment Protocol, 60827-60828 2018-25772 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Energy Conservation Program:

Extension of Waiver to Apple Inc. from the Department of Energy External Power Supply Test Procedure, 60830-60832 2018-25837 Requests for Information: Technology Commercialization Fund, 60829-60830 2018-25838 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Fine Particulate Matter Infrastructure Requirements, 60769-60773 2018-25681 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Certification of Pesticide Applicators, 60847 2018-25713 Continuous Release Reporting Requirement Including Analysis for Use of Continuous Release Reporting Forms, 60848-60849 2018-25777 Criteria for Classification of Solid Waste Disposal Facilities and Practices, 60848 2018-25776 EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response, 60850-60851 2018-25890 Health and Safety Data Reporting, Submission of Lists and Copies of Health and Safety Studies, 60853-60854 2018-25774 Monthly Progress Reports, 60849-60850 2018-25769 New Source Performance Standards for Other Solid Waste Incineration Units, 60852 2018-25770 Polychlorinated Biphenyls, Consolidated Reporting and Record Keeping Requirements, 60844-60845 2018-25775 Premanufacture Review Reporting and Exemption Requirements for New Chemical Substances and Significant New Use Reporting Requirements for Chemical Substances, 60845-60846 2018-25778 Technical Assistance Needs Assessments at Superfund Remedial or Removal Sites, 60851-60852 2018-25779 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus SAS Airplanes, 60754-60759 2018-25392 2018-25663 Dassault Aviation Airplanes, 60767-60769 2018-25661 Fokker Services B.V. Airplanes, 60762-60764 2018-25662 Hoffmann GmbH and Co. KG Propellers, 60764-60766 2018-25780 The Boeing Company Airplanes, 60759-60761 2018-25394 Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 PROPOSED RULES Amendment of Air Traffic Service Routes: T-331; Western United States, 60786-60788 2018-25710 T-333; Western United States, 60788-60789 2018-25711 Amendment of E Airspace:

Flippin, AR, 60789-60791 2018-25706 Federal Communications Federal Communications Commission RULES Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809-817/854-862 MHz; Improve Access to PLMR Spectrum: Land Mobile Communications Council, 61072-61107 2018-24022 Modernization of Media Regulation Initiative: Revisions to Cable Television Rate Regulations, 60773-60776 2018-25326 PROPOSED RULES Modernization of Media Regulation Initiative: Revisions to Cable Television Rate Regulations, 60804-60818 2018-25325 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60854-60862 2018-25794 2018-25796 2018-25797 2018-25800 2018-25801 2018-25802 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60862-60863 2018-25762 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Algonquin Gas Transmission, LLC, 60841-60842 2018-25806 Combined Filings, 60833-60834, 60836-60842 2018-25753 2018-25754 2018-25756 2018-25760 2018-25773 2018-25781 Complaints:

American Electric Power Service Corp. v. PJM Interconnection, LLC, 60835 2018-25808 Kansas Electric Power Coop., Inc. v. Westar Energy, Inc., 60836 2018-25807 TransMontaigne Product Services, LLC v. Colonial Pipeline Co., 60844 2018-25811 Effectiveness of Exempt Wholesale Generator Status: Persimmon Creek Wind Farm 1, LLC; Stillwater Wind, LLC; Crazy Mountain Wind, LLC; Blue Cloud Wind Energy, LLC; Green River Wind Farm Phase 1, LLC; Santa Rita East Wind Energy, LLC, 60836 2018-25755 Environmental Assessments;

Availability, etc.: Eastern Shore Natural Gas Co.; Del-Mar Energy Pathway Project: Review, 60837-60838 2018-25804 Gulf South Pipeline, LP; Petal III Compression Project, 60842-60844 2018-25805 Filings: Buckeye Power, Inc., 60837 2018-25809 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: DG Whitefield, LLC, 60833 2018-25758 KCE NY 1, LLC, 60832 2018-25759 Pixelle Specialty Solutions, LLC, 60833 2018-25782 Springfield Power, LLC, 60832 2018-25757 Permit Applications:

Cat Creek Energy, LLC, 60835-60836 2018-25813 Petitions for Declaratory Orders: Iron Horse Pipeline, LLC, 60837 2018-25812 Requests for Waivers: Saddle Butte Pipeline III, LLC, 60834-60835 2018-25810 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 60938-60940 2018-25877 2018-25878 Meetings: Motorcyclist Advisory Council, 60938 2018-25876 Federal Motor Federal Motor Carrier Safety Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Truck and Bus Maintenance Requirements and Their Impact on Safety, 60946-60948 2018-25839 Applications; Exemptions: Parts and Accessories Necessary for Safe Operation; SmartDrive Systems, Inc., 60942-60943 2018-25825 Hours of Service of Drivers: National Mobile Shower and Catering Assn.; Application for Exemption, 60943-60945 2018-25821 Specialized Carriers and Rigging Assn.; Application for Exemption, 60948-60950 2018-25820 Qualification of Drivers;

Exemption Applications: Diabetes Mellitus, 60957-60959 2018-25844 Epilepsy and Seizure Disorders, 60940-60942, 60950-60953 2018-25843 2018-25846 Hearing, 60945-60946 2018-25842 Narcolepsy, 60953-60954 2018-25848 Vision, 60954-60957 2018-25850 Federal Railroad Federal Railroad Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 60863 2018-25816 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60863-60866 2018-25730 General Services General Services Administration PROPOSED RULES Acquisition Regulation: Adoption of Construction Project Delivery Method Involving Early Industry Engagement—Construction Manager as Constructor (CMc); Correction, 60818 2018-25741 NOTICES Environmental Impact Statements; Availability, etc.: Consolidation of the U.S. Food and Drug Administration Headquarters at the Federal Research Center at White Oak, Silver Spring, MD;

Proposed Master Plan, 60866 2018-25887 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Indian Health Service See National Institutes of Health PROPOSED RULES Change to the Definition of Human Organ under the National Organ Transplant Act; Withdrawal, 60804 2018-25833 NOTICES Proposed Objectives for Healthy People 2030, 60876-60877 2018-25836 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.

Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Counter-Improvised Explosive Device Capabilities Analysis Database, 60882-60883 2018-25868 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Addendum to Declaration for Federal Employment, Child Care and Indian Child Care Worker Positions, 60877-60878 2018-25819 Interior Interior Department See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Aluminum Wire and Cable from the People's Republic of China, 60821-60822 2018-25824 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Manufacturing Competitiveness Act: Effects of Duty Suspensions and Reductions on the U.S. Economy, 60894-60895 2018-25725 Complaints: Certain Cartridges for Electronic Nicotine Delivery Systems and Components Thereof, 60895-60896 2018-25749 Meetings;

Sunshine Act, 60894 2018-25921 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Survey of Victim Service Providers, 60904-60905 2018-25767 Maritime Maritime Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 National Highway National Highway Traffic Safety Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Data and Specimen Hub; Correction, 60881-60882 2018-25784 Government-Owned Inventions; Availability for Licensing, 60879 2018-25787 Meetings: National Cancer Institute, 60879-60880 2018-25791 National Institute of Allergy and Infectious Diseases, 60878-60879, 60881 2018-25788 2018-25789 National Institute of Diabetes and Digestive and Kidney Diseases, 60880-60881 2018-25792 National Institute on Alcohol Abuse and Alcoholism, 60881 2018-25785 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: 2019 Atlantic Shark Commercial Fishing Year, 60777-60784 2018-25744 Commercial Blacktip Sharks in the eastern Gulf of Mexico Sub-Region;

Closure, 60776-60777 2018-25790 Fisheries of the Exclusive Economic Zone off Alaska: Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 60784-60785 2018-25765 PROPOSED RULES Fisheries of the Northeastern United States: Northeast Skate Complex; Framework Adjustment 6; Revised 2018-2019 Specification, 60818-60820 2018-25727 NOTICES Applications: Marine Mammals; Pinniped Removal Authority, 60825 2018-25871 Meetings: False Killer Whale Take Reduction Team, 60822 2018-25870 Fisheries of the South Atlantic;

Southeast Data, Assessment, and Review, 60824-60825 2018-25827 Gulf of Mexico Fishery Management Council, 60823 2018-25828 Mid-Atlantic Fishery Management Council, 60824 2018-25826 Pacific Fishery Management Council, 60823-60824 2018-25829 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 60892-60893 2018-25764 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 60905 2018-25742 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 60905-60906 2018-25912 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 PROPOSED RULES Hazardous Materials: Harmonization with International Standards, 60970-61070 2018-24620 NOTICES Meetings: Voluntary Information-sharing System Working Group, 60959-60960 2018-25712 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 60906-60908 2018-25708 2018-25798 Postal Service Postal Service NOTICES Product Changes:

Priority Mail Express Negotiated Service Agreement, 60908-60909 2018-25716 2018-25721 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 60908 2018-25722 Priority Mail Negotiated Service Agreement, 60908-60909 2018-25714 2018-25715 2018-25718 2018-25719 2018-25723 2018-25724 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Lower Colorado River Well Inventory, 60893-60894 2018-25859 Rural Utilities Rural Utilities Service RULES Buy American Requirement, 60729-60732 2018-25815 Saint Lawrence Saint Lawrence Seaway Development Corporation RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 Securities Securities and Exchange Commission PROPOSED RULES List of Rules to be Reviewed Pursuant to the Regulatory Flexibility Act, 60791-60802 2018-25861 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60921 2018-25720 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 60921-60924 2018-25733 Cboe C2 Exchange, Inc., 60916-60920 2018-25884 Cboe EDGX Exchange, Inc., 60911-60916 2018-25883 Municipal Securities Rulemaking Board, 60927-60931 2018-25732 New York Stock Exchange LLC, 60924-60927 2018-25737 NYSE American, LLC, 60935-60936 2018-25882 NYSE Arca, Inc., 60931-60934 2018-25881 The Nasdaq Stock Market, LLC, 60909-60911 2018-25740 Small Business Small Business Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 60936-60937 2018-25799 State Department State Department NOTICES Culturally Significant Object Imported for Exhibition: Manet and Modern Beauty Exhibition, 60937 2018-25834 Designation as a Specially Designated Global Terrorist: Hajji 'Abd al-Nasir, aka Hajji Abdelnasser, aka Hajji Abd al-Nasr, aka Taha al-Khuwayt, 60937-60938 2018-25849 Determination on Imposition and Waiver of Sanctions under the Foreign Relations Authorization Act, 60937 2018-25729 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Saint Lawrence Seaway Development Corporation RULES Revisions to Civil Penalty Amounts, 60732-60754 2018-24930 NOTICES Privacy Act;

Systems of Records, 60960-60963 2018-25818 Security Transportation Security Administration NOTICES Opening of Registration for Certified Cargo Screening Facilities—Canine, 60883-60885 2018-25894 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: AABB accredited laboratory testing; Rapid DNA prototype Accelerated Nuclear DNA Equipment by NetBio;

Rapid DNA prototype RapidHIT200 by IntegenX, 60890-60891 2018-25854 Application for Asylum and for Withholding of Removal, 60889-60890 2018-25853 Application for Certificate of Citizenship, 60886 2018-25857 Application for Regional Center under the Immigrant Investor Pilot Program and Supplement, 60888 2018-25856 Application for Replacement Naturalization/Citizenship Document, 60888-60889 2018-25852 Application for Temporary Protected Status, 60891-60892 2018-25851 Application for Waiver of the Foreign Residence Requirement of the Immigration and Nationality Act, 60885 2018-25860 Petition for Qualifying Family Member of a U-1 Nonimmigrant, 60887 2018-25855 Veteran Affairs Veterans Affairs Department NOTICES Meetings:

Advisory Committee on Minority Veterans, 60965-60966 2018-25783 Requests for Information: Program of Comprehensive Assistance for Family Caregivers, 60966-60968 2018-25763 Separate Parts In This Issue Part II Transportation Department, Pipeline and Hazardous Materials Safety Administration, 60970-61070 2018-24620 Part III Federal Communications Commission, 61072-61107 2018-24022 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. 83 228 Tuesday, November 27, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1787 RIN 0572-AC42 “Buy American” Requirement AGENCY: Rural Utilities Service, USDA. ACTION: Final rule. SUMMARY:

The Rural Utilities Service (RUS), a Rural Development Agency of the United States Department of Agriculture (USDA), hereinafter referred to as RUS or the Agency, is issuing a final rule to amend its regulations to address its “Buy American” requirement. This will codify long-standing RUS requirements which Agency borrowers have been required to follow pursuant to statute, bulletin, and contract as early as the 1950s. RUS will rescind Bulletin 43-9:344-3, “ `Buy American' Requirement,” when this regulation becomes effective.

DATES: This rule is effective November 27, 2018. FOR FURTHER INFORMATION CONTACT: Norris Nicholson, Electric Program, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave. SW, Washington, DC 20250, Email: *Norris.Nicholson@wdc.usda.gov* ; telephone number:

(202)720-1979. Kenneth Kuchno, Telecommunications Program, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave. SW, Washington, DC 20250, email: *Kenneth.Kuchno@wdc.usda.gov,* phone number: 202-720-9424. SUPPLEMENTARY INFORMATION: Executive Order 12372, Intergovernmental Consultation This final rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require consultation with State and local officials. A Notice of Final Rule titled Department Programs and Activities Excluded from Executive Order 12372 (50 FR 47034) exempts RUS loans and loan guarantees to governmental and nongovernmental entities from coverage under this Order. Executive Order 12866, Regulatory Planning and Review 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, Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. RUS has determined that this final 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 effort will be given to this rule, and, in accordance with Sec. 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. Sec. 6912(e)), administrative appeal procedures, if any, must be exhausted before an action against the Department or its agencies may be initiated. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This final 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 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.* 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 act on the government's part to codify a statute with respect to obligation of funds. 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 Numbers 0572-0107. The Agency has determined that this regulatory action does not change any current data collection that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Catalog of Federal Domestic Assistance The programs described by this rule are listed in the Catalog of Federal Domestic Assistance programs under No. 10.850, Rural Electrification Loans and Loan Guarantees; No. 10.851, Rural Telephone Loans and Loan Guarantees; and No. 10.852, Rural Telephone Bank Loans and No. 10.886, Rural Broadband Access Loans and Loan Guarantees. 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.* Unfunded Mandate 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 final rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995. National Environmental Policy Act Certification The Administrator of RUS has determined that this final rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Therefore, this action does not require an environmental impact statement or assessment. 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. 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. Background The Rural Electrification Act requires that in making loans pursuant to the Rural Electrification Act of 1936, the Secretary of Agriculture shall require that, to the extent practicable and the cost of which is not unreasonable, the borrower agrees to use in connection with the expenditure of such funds only such unmanufactured articles, materials, and supplies, as have been mined or produced in the United States or in any eligible country, and only such manufactured articles, materials, and supplies as have been manufactured in the United States or in any eligible country, substantially all from articles, materials, or supplies mined, produced or manufactured, as the case may be, in the United States or any eligible country. This regulation will codify long-standing RUS requirements which Agency borrowers have been required to follow pursuant to statute, bulletin, and contract as early as the 1950s, but which were inadvertently never codified when all existing RUS bulletins were incorporated into regulation. Nothing in this regulation will change or modify those procedures with respect to borrowers' responsibilities in complying with the Buy American requirement, such as the waiver process, but will simplify compliance by compiling all such existing requirements into a single document. List of Subjects in 7 CFR Part 1787 Communications equipment, Electric power, Loan programs—communications, Loan programs—energy, Reporting and recordkeeping requirements, Rural areas, Telephone. For the reasons set out in the preamble, RUS amends 7 CFR chapter XVII by adding part 1787 to reads as follows: PART 1787—THE “BUY AMERICAN” REQUIREMENT Sec. 1787.1 General. 1787.2 Definitions. 1787.3 Products constituting a portion of a purchase order or contract. 1787.4 Unmanufactured articles, materials, and supplies. 1787.5 Eligible countries. 1787.6 Nondomestic products. 1787.7 Components. 1787.8 Purchase of nondomestic products. 1787.9 Waivers. 1787.10 Application for specific waivers. 1787.11 Cost differential. 1787.12 Non-availability or shortages. 1787.13 Public interest or impracticality. 1787.14 General waivers. Appendix A to Part 1787—Product Procurement Authority: 7 U.S.C. 903. § 1787.1 General.

(a)The “Buy American” provision of the Rural Electrification Act of 1936 (RE Act) requires, to the extent practicable and the cost of which is not unreasonable, that RUS Borrowers use loan funds only for such manufactured articles, materials, and supplies as have been manufactured in the United States or in any eligible country, substantially all from articles, materials, or supplies mined, produced or manufactured, as the case may be, in the United States or any eligible country.

(b)Each RUS Borrower is responsible for assuring that its use of loan funds complies with this requirement, and that the contracts it enters into for construction, materials and equipment, and purchases with vendors contain the Buy American requirement, along with certification as to compliance, made through RUS Form 213. § 1787.2 Definitions. For purpose of this part, the following terms have the following meanings: *Administrator.* The Administrator of the RUS, or his/her designee. *Buy American.* A provision of the RE Act requiring that loan funds only be used to purchase products made in the U.S. or an eligible country. *Component.* Any article, material, or supply, whether manufactured or unmanufactured, that is directly incorporated into the end product at the final assembly location. *Domestic product.* A product or like product which both:

(1)Is manufactured in the United States or in any eligible country; and

(2)Contains components manufactured in the United States or in any eligible country consisting of more than 50 percent of the total cost of all components used in the product. *Eligible country.* Any country that the United States Trade Representative determines as having corporations located therein, as eligible to enter into contract with an RUS Borrower, under which loan funds will be provided for unmanufactured and manufactured goods. *Loan funds.* Funds provided under an RUS direct or guaranteed loan. *Manufactured.* The application of processes to alter the form or function of materials or of elements of the product such that value is added or the materials or elements are transformed into a new end product functionally different from that which would result from mere assembly of the materials or elements. *Nondomestic bid.* An offer to sell a nondomestic product to an RUS borrower. *Nondomestic product.* Any product other than a domestic product or product from an eligible country. *Product.* An item of manufactured material or assembled components, which is complete and capable of performing an intended practical purpose. *RE Act.* Rural Electrification Act of 1936, as amended (7 U.S.C. 901 *et seq.* ). *RUS.* The Rural Utilities Service. *RUS Borrower.* Any organization that has an outstanding RUS loan made or guaranteed by RUS pursuant to the RE Act. *Telecommunications.* Any communication service for the transmission or reception of voice, data, sounds, signals, pictures, writings, or signs of all kinds, by wire, fiber, radio, light, or other visual or electromagnetic means, including all telephone lines, facilities, or systems used in the rendition of such service; but shall not be deemed to mean message telegram service or community antenna television system services or broadcasting facilities other than those intended exclusively for educational purposes, or radio broadcasting services or facilities within the meaning of section 3(o) of the Communications Act of 1934, as amended. *Unmanufactured.* With respect to articles, materials, or supplies, refers to such goods that have not been manufactured. § 1787.3 Products constituting a portion of a purchase order or contract. Where a supplier or contractor offers or furnishes several products under a purchase order or contract, the provisions of this part apply to each product individually. § 1787.4 Unmanufactured articles, materials, and supplies. The Buy American requirement also applies to unmanufactured articles, materials, and supplies to be financed with RUS loan funds, and will be considered domestic if mined or produced in the United States or in an eligible country. § 1787.5 Eligible countries. The United State Trade Representative

(USTR)determines what countries are eligible countries with respect to purchases made by electric borrowers or telecommunications borrowers. A particular country may be determined to be an eligible country for purchases made by telecommunications borrowers, for electric borrowers, or both. RUS maintains the latest **Federal Register** notice on its website which sets out the list of Eligible Countries for each RUS program at *https://www.rd.usda.gov/files/UEP_Engineering_EligibleCountries.pdf.* § 1787.6 Nondomestic products. A product is considered to be nondomestic for the purpose of compliance with the “Buy American” requirement if:

(a)The product is manufactured outside the United States or any eligible country; or

(b)The product is manufactured in the United States or in any eligible country, but the cost of nondomestic components used therein constitutes 50 percent or more of the cost of all components. The cost of components shall be determined on a comparable basis, so that only the cost of domestic and nondomestic components, up to the point where they are combined and manufactured into a complete product shall be considered.

(1)The determination of the cost of the nondomestic components of a product shall include:

(i)The price paid to the nondomestic source;

(ii)The cost of shipment to the port of entry into the United States;

(iii)Applicable tariffs or duties;

(iv)The cost of transportation from the port of entry to the distributor's plant or warehouse; and

(v)Profit, overhead, and commissions of domestic and nondomestic suppliers and subcontractors of the components.

(2)The following items shall not be considered in determining the cost of components, although they are proper elements in the determination of the final selling price of the product:

(i)Fabrication or processing costs, if any, of nondomestic or domestic components at the assembly plant, or any other place of fabrication in the United States or any eligible country;

(ii)Testing costs at the assembly plant or at the installation site;

(iii)Direct profit, overhead, and commissions of the domestic distributor; and

(iv)Cost of transportation from the domestic assembly point to the installation site. § 1787.7 Components. Where a component is manufactured only determines whether the component is classified as domestic or nondomestic even if all the materials and subcomponents comprising the component are manufactured in ineligible countries. A component manufactured in the United States or in an eligible country shall be considered domestic when determining whether a product is classified as domestic or nondomestic. A component manufactured in an ineligible country shall be considered nondomestic. § 1787.8 Purchase of nondomestic products. An RUS Borrower may only use loan funds to purchase a nondomestic product if a waiver pursuant to § 1787.10 has been received by the Administrator before entering into a contract with the vendor. Should the Administrator deny the waiver request, the RUS Borrower must use its own funds for the expenditure. § 1787.9 Waivers. Under limited circumstances the Administrator may waive the Buy American requirement with respect to a specific contract entered into between an RUS Borrower and a third party which will be paid for with loan funds, subject to §§ 1787.10 through 1787.14. § 1787.10 Applications for specific waivers. RUS borrowers may request a specific waiver of the Buy American requirement through a written, detailed explanation showing that:

(a)The cost between the nondomestic product and domestic product is unreasonable;

(b)There is a non-availability of domestic products; or

(c)It is not in the public interest or impractical for the RUS Borrower to purchase a domestic product. § 1787.11 Cost differential. By application pursuant to § 1787.10, the Administrator may waive the Buy American requirement if the cost of the domestic product is unreasonable. Given that RUS loans terms normally range from 20 to 35 years, and that additional costs will be magnified with interest over these terms, the Administrator has determined that if the lowest bid or offered price is a nondomestic bid that is at least 6percent lower than the next lowest bid or offered price, the RUS Borrower may request a cost differential waiver. With respect to contracts that are not required to be bid, prices of market-available, domestic products must be used for comparison in a request for waiver. § 1787.12 Non-availability or shortages. By application pursuant to § 1787.10, the Administrator may waive the Buy American requirement upon a showing that there is no domestic product available in the market in sufficient and reasonable quantities and of satisfactory quality, and that such shortage of suitable domestic alternatives jeopardizes the project being completed on budget and/or according to scheduled planning. A lack of responsive and responsible bids to a well-publicized request for bids will be presumed to meet the conditions of a non-availability waiver. With respect to contracts that are not required to be bid, sufficient evidence must be presented to the Administrator in order to make a determination. § 1787.13 Public interest or impracticality.

(a)By application pursuant to § 1787.10, the Administrator may waive the Buy American requirement upon a showing that application of the requirement would be inconsistent with the public interest or impractical for the RUS Borrower. With respect to impracticality, an RUS Borrower may request a waiver upon a showing that the domestic product is incompatible or impractical to integrate with existing, significant capital infrastructure or existing, critical software already in use. Notwithstanding, the burden shall rest with the RUS Borrower to present how the use of the domestic product would create a hardship or negatively impact its project.

(b)With respect to contracts that were approved by RUS based on a bidder or offer that originally certified compliance with the Buy America requirements, but which can no longer comply with such certification, the Administrator may grant an impracticality waiver based on a showing that the original certification was made in good faith and that the product cannot now be obtained domestically due to commercial impossibility or impracticability, or without undue hardship or a negative impact to the project.

(c)In determining whether to issue any public interest waiver, the Administrator will consider all appropriate factors on a case-by-case basis, unless a general waiver has already been issued by the Administrator with respect to the product. § 1787.14 General waivers.

(a)The Administrator may issue a general waiver for all RUS Borrowers for a determinate period, if the Administrator finds that such manufactured or unmanufactured goods are in shortage regionally or nationally, so as to avoid the administrative burden of issuing individual, specific waivers.

(b)The Administrator has determined that it is in the best interest of RUS to issue a permanent general public interest waiver from the Buy America requirements for “small purchases,” which shall be published in the **Federal Register** for each program under the RE Act and amended as needed from time to time. In carrying out this exception, however, the Administrator shall ensure that contracts are not artificially fragmented. Appendix A to Part 1787—Product Procurement This appendix shows an example of how the 6 percent differential is applied to determine award of a bid. In response to a request for bids for a digital central office a borrower receives four responsive bids to the specification, three domestic bids and one nondomestic bid. The nondomestic bid is the apparent low bid. We will consider in our analysis the nondomestic bid and the lowest domestic bid as shown in the following table. Nondomestic bid Domestic bid Total materials $895,000 $920,000 Installation 155,000 177,000 Freight *+1,000* *+1,500* Total bid $1,051,000 $1,098,500 Please note that once the product has been determined as nondomestic, the 6 percent cost differential shall be applied to all the material content in the nondomestic bid, even if the nondomestic product includes domestic components. In this example, 6 percent of the total material content in the nondomestic bid ($895,000) equals $53,700. This cost differential is added to the total nondomestic bid as shown in the following table. Total of the nondomestic bid $1,051,000 6% of the all material cost *+53,000* Total evaluated bid $1,104,700 This total evaluated bid, (that is the nondomestic bid plus the 6% of the cost of its material content), is compared with all the domestic bids for award of the bid. In our example the domestic bid ($1,098,500) is lower than the nondomestic evaluated bid ($1,104,700). The domestic bid becomes the low bid and the domestic bidder gets award of the bid. This product is classified as domestic since the cost of the domestic components used in the product constitutes more than 50 percent of the cost of all the components used. Dated: November 6, 2018. Christopher A. McLean, Acting Administrator, Rural Utilities Service. [FR Doc. 2018-25815 Filed 11-26-18; 8:45 am]

Connectionstraces to 9

Traces to 9 documents