Unknown. Final rule with request for comments

4,777 words·~22 min read·/register/2019/08/28/2019-18420

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-2019-08-28.xml --- 84 167 Wednesday, August 28, 2019 Contents Agriculture Agriculture Department See Commodity Credit Corporation See The U.S. Codex Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45120-45121 2019-18581 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings, 45122-45123 2019-18565 Army Army Department NOTICES Meetings:

Advisory Committee on Arlington National Cemetery, 45131 2019-18610 Centers Disease Centers for Disease Control and Prevention NOTICES Statement of Organization, Functions, and Delegations of Authority, 45152-45153 2019-18469 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45154-45155 2019-18570 2019-18580 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Evaluation of the National Human Trafficking Hotline Program, 45155-45156 2019-18515 Reviewer Recruitment Forms, 45156-45157 2019-18514 Coast Guard Coast Guard RULES Safety Zone: Gulf Intracoastal Waterway, Lafitte, LA, 45071-45073 2019-18523 Wheeling Heritage Port Sternwheel Festival, Wheeling, WV, 45073-45074 2019-18525 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Food for Progress Program, 45057-45060 2019-18420 Copyright Royalty Board Copyright Royalty Board NOTICES Intent to Audit, 45175-45176 2019-18549 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application Package for AmeriCorps Affiliates Application, 45130-45131 2019-18470 Defense Department Defense Department See Army Department NOTICES Charter Renewal: Department of Defense Federal Advisory Committees, 45131-45132 2019-18488 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2019 Immediate Aid to Restart School Operations, 45135-45136 2019-18468 2019 Temporary Emergency Impact Aid for Displaced Students, 45136-45137 2019-18467 2019-20 National Postsecondary Student Aid Study, 45134-45135 2019-18526 Federal Direct Loan Program Regulations for Forbearance and Loan Rehabilitation, 45133 2019-18477 Individuals with Disabilities Education Act State and Local Implementation Study 2019, 45133-45134 2019-18498 Meetings:

President's Board of Advisors on Historically Black Colleges and Universities, 45132-45133 2019-18553 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45137-45138 2019-18614 Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Applicants Requesting to Treat/Dispose of PCBs Using Incineration or an Alternative Method (New), 45148-45149 2019-18564 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus SAS Airplanes, 45061-45067 2019-18516 2019-18518 Learjet, Inc. Airplanes, 45068-45071 2019-18427 PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 45118-45119 2019-18517 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45149-45150 2019-18548 Meetings: North American Numbering Council, 45150 2019-18556 Federal Election Federal Election Commission PROPOSED RULES Petition for Rulemaking:

Filing Dates for Unauthorized Political Committees, 45116-45117 2019-18504 Requiring Reporting of Exchanges of Email Lists, 45116 2019-18511 Requiring Reporting of Segregated Party Accounts, 45117-45118 2019-18505 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Disaster Loan Program, 45162-45163 2019-18544 Flood Hazard Determinations, 45160-45162 2019-18550 Flood Hazard Determinations;

Changes, 45163-45166 2019-18551 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Flambeau Hydro, LLC, 45141-45142 2019-18532 Grid Balance Hydropower, LLC, 45139-45140 2019-18540 Kaukauna Utilities, 45140, 45142-45143 2019-18534 2019-18537 Lock Plus TM Hydro Friends Fund XIX, LLC, 45148 2019-18538 Lock Plus TM Hydro Friends Fund XX, LLC, 45146-45147 2019-18541 Pacific Gas and Electric Co, 45140-45141 2019-18542 Combined Filings, 45143-45144 2019-18472 2019-18510 Complaint:

Tesoro Refining and Marketing Co., LLC; Western Refining Co., LP v. SFPP, LP, 45144-45145 2019-18476 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: SR Arlington II MT, LLC, 45139 2019-18508 SR Arlington II, LLC, 45145 2019-18507 SR Meridian III, LLC, 45146 2019-18509 Whitney Hill Wind Power, LLC, 45138 2019-18471 Preliminary Determination of a Qualifying Conduit Hydropower Facility: Board of Water Works of Pueblo, CO, 45147-45148 2019-18529 Preliminary Permit Application:

Lock Plus Hydro Friends Fund XXI, LLC, 45138-45139 2019-18535 Records Governing Off-the-Record Communications, 45145-45146 2019-18474 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 45151 2019-18592 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Application for Exemption: Transco, Inc., 45197-45199 2019-18568 Meetings: Motor Carrier Safety Advisory Committee, 45201-45202 2019-18578 Qualification of Drivers;

Exemption Applications: Epilepsy and Seizure Disorders, 45205-45206 2019-18571 Hearing, 45199-45208 2019-18569 2019-18572 2019-18573 2019-18575 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 45151 2019-18489 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Seasons and Bag and Possession Limits for Certain Migratory Game Birds, 45077-45115 2019-18354 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Application:

Cafe Oro de Puerto Rico, Inc., Foreign-Trade Zone 7, Mayaguez, PR, 45123 2019-18554 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 Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Committee on Interdisciplinary, Community-Based Linkages, 45157 2019-18502 National Advisory Council on the National Health Service Corps;

Cancellation, 45157-45158 2019-18483 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vulnerability Discovery Program, 45166-45167 2019-18576 Housing Housing and Urban Development Department NOTICES Funding Awards, 45220-45402 2019-18267 Interior Interior Department See Fish and Wildlife Service See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Polyester Staple Fiber from the Republic of Korea, 45124 2019-18559 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 45125-45127 2019-18557 Laminated Woven Sacks from the People's Republic of China, 45128-45129 2019-18598 Low Melt Polyester Staple Fiber from the Republic of Korea, 45129-45130 2019-18555 Persulfates from the People's Republic of China, 45123-45124 2019-18558 Steel Wire Garment Hangers from the People's Republic of China, 45127-45128 2019-18599 International Trade Com International Trade Commission NOTICES Appointment of Individuals to Serve as Members of the Performance Review Board, 45172 2019-18563 Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Electrical Connectors, Components Thereof, and Products Containing the Same, 45169 2019-18513 Certain Water Filters and Components Thereof, 45170-45171 2019-18561 Steel Trailer Wheels from China, 45172-45173 2019-18501 Utility Scale Wind Towers from Canada, Indonesia, Korea, and Vietnam, 45171-45172 2019-18562 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Request to be Included on the List of Pro Bono Legal Service Providers for Individuals in Immigration Proceedings, 45173 2019-18566 Labor Department Labor Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Mine Evacuation, 45173-45174 2019-18500 Petition Requirements and Investigative Data Collection, 45174-45175 2019-18499 Library Library of Congress See Copyright Royalty Board National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Drivers' Use of Camera-Based Rear Visibility Systems Versus Traditional Mirrors, 45209-45212 2019-18487 Petition for Decision of Inconsequential Noncompliance Pirelli Tire, LLC, 45208-45209 2019-18522 National Institute National Institutes of Health NOTICES Laboratory Animal Welfare: Report on Reducing Administrative Burden for Researchers: Animal Care and Use in Research, 45159-45160 2019-18611 Meetings: Center for Scientific Review, 45158-45159 2019-18530 Eunice Kennedy Shriver National Institute of Children Health and Human Development, 45158 2019-18545 2019-18546 National Center for Complementary and Integrative Health, 45158-45160 2019-18533 2019-18536 2019-18539 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pacific cod by Catcher Vessels Equal to or Greater than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line Gear in the Bering Sea and Aleutian Islands Management Area, 45115 2019-18560 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 45130 2019-18567 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 45167-45168 2019-18473 2019-18475 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Direct and Indirect Transfer of License;

Order: Entergy Nuclear Generation Co.; Entergy Nuclear Operations, Inc.; Holtec Pilgrim, LLC; Holtec Decommissioning International, LLC; Pilgrim Nuclear Power Station, 45176-45178 2019-18506 Exemption; Issuance: Entergy Nuclear Operations, Inc.; Pilgrim Nuclear Power Station, 45178-45182 2019-18490 Meetings; Sunshine Act, 45178 2019-18702 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Women's Equality Day (Proc. 9916), 45055-45056 2019-18684 Securities Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 45191 2019-18719 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 45184-45188 2019-18484 ICE Clear Credit, LLC, 45182-45184, 45191-45196 2019-18480 2019-18482 The Options Clearing Corp., 45188-45191 2019-18481 Small Business Small Business Administration RULES 504 Loan Program Rural Initiative: Extension of Pilot Program, 45060-45061 2019-18609 NOTICES Major Disaster Declaration: Mississippi; Amendment 4, 45196-45197 2019-18591 State Department State Department NOTICES Certification Related to Foreign Military Financing for Colombia under Section 7045(B)(4) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019, 45197 2019-18588 Surface Transportation Surface Transportation Board NOTICES Meetings:

National Grain Car Council, 45197 2019-18547 Codex The U.S. Codex Office NOTICES Meetings: Codex Ad Hoc Intergovernmental Task Force on Antimicrobial Resistance, 45121-45122 2019-18519 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45212-45216 2019-18503 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supporting Statement of Ownership for Overdue United States Bearer Securities, 45217 2019-18495 TreasuryDirect, 45216-45217 2019-18479 Veteran Affairs Veterans Affairs Department RULES Rental and Utility Assistance for Certain Low-Income Veteran Families, 45074-45077 2019-18521 Separate Parts In This Issue Part II Housing and Urban Development Department, 45220-45402 2019-18267 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. 84 167 Wednesday, August 28, 2019 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1499 RIN 0551-AA94 Food for Progress Program AGENCY: Foreign Agricultural Service and Commodity Credit Corporation, USDA.

ACTION: Final rule with request for comments. SUMMARY: The Commodity Credit Corporation

(CCC)is amending the regulations governing the Food for Progress Program to include colleges and universities among the entities eligible for awards under the program, and to make other minor changes. The Agricultural Improvement Act of 2018 added colleges and universities to the list of eligible entities in the Food for Progress Act of 1985. This amendment implements the statutory change to expand the types of entities that can receive awards under the program, and it makes other technical changes to update the regulations. DATES: This rule is effective August 28, 2019. Written comments must be received by CCC or carry a postmark or equivalent no later than September 27, 2019. ADDRESSES: Comments, identified by Regulatory Information Number

(RIN)0551-AA94, may be sent by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for sending comments. • *Email: PPDED@fas.usda.gov.* Include RIN 0551-AA94 in the subject line of the message. • *Mail:* Director, Food Assistance Division, Office of Capacity Building and Development, Foreign Agricultural Service, 1400 Independence Ave. SW, STOP 1034, Washington, DC 20250. *Instructions:* All submissions received must include the agency name and RIN 0551-AA94. FOR FURTHER INFORMATION CONTACT: Angela Crooks,

(202)756-7194, *FAD_Contact@fas.usda.gov.* SUPPLEMENTARY INFORMATION: Background The Food for Progress Program provides for the donation of U.S. agricultural commodities to developing countries and emerging democracies committed to introducing and expanding free enterprise in the agricultural sector. The commodities are generally sold on the local market and the proceeds are used to support agricultural development activities. The program has two principal objectives: To improve agricultural productivity and expand trade in agricultural products. The Food for Progress Program is authorized in section 1110 of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985) (7 U.S.C. 1736o). The Foreign Agricultural Service

(FAS)implements the Food for Progress Program on behalf of CCC. FAS uses the regulations in 7 CFR part 1499, Food for Progress Program, in the administration of the Food for Progress Program. The previous version of the regulations was published as a final rule on September 12, 2016 (81 FR 62603). Amendment of Regulations FAS, on behalf of CCC, is amending the Food for Progress Program regulations in 7 CFR part 1499 through this final rule to implement a change made by the Agricultural Improvement Act of 2018 (Pub. L. 115-334) to the Food for Progress Act of 1985, which added colleges and universities, as defined in 7 U.S.C. 3103(4), to the list of entities eligible for awards under the program. FAS is adding the definition “ *College* or *university* ” to section 1499.2 and amending sections 1499.1(d), (f)(1), and (g)(1), and 1499.3(a) to implement this statutory change. The change will foster greater competition in proposal submissions and provide an opportunity for more innovative projects to be considered. In addition, FAS is amending the regulations to make changes that are technical in nature and intended to improve the efficiency and effectiveness of the Food for Progress Program, including the following:

(1)Clarifying that regulatory provisions that are generally applicable to CCC apply to the Food for Progress Program (7 CFR 1499.1(c)).

(2)Clarifying that provisions specified by CCC during the negotiation of an agreement, which are in addition to provisions required by the regulations, will be included in the agreement but will not necessarily be in the plan of operation component of the agreement (7 CFR 1499.5(d)).

(3)Bringing the language in the regulations into better alignment with references in the Food for Progress Act of 1985 (7 CFR 1499.5(e)(1) and (e)(4)).

(4)Clarifying that the required assertion by a recipient that adequate transportation and storage facilities will be available in the target country refers to the time of arrival of the commodities in the target country (7 CFR 1499.5(e)(5)).

(5)Modifying references to economic sanction programs to allow for situations in which a U.S. Government economic sanction program is not country-specific (7 CFR 1499.11(e) and 1499.14(b)(2)).

(6)Replacing the specific reference to a percentage of the “Grand Total Costs” in the agreement budget with a more general reference to the amount specified in the agreement, which would allow CCC to make a change to the budget format if it determines that it would be beneficial (7 CFR 1499.11(h)(1)).

(7)Allowing CCC to specify in the agreement the circumstances in which a recipient must submit to CCC a contract with a provider of goods, services, or construction work (7 CFR 1499.11(k)).

(8)Allowing for the possibility that there might not be any closeout and post-closeout provisions specified in an agreement and that only those provisions in 2 CFR 200.343 and 200.344 would apply (7 CFR 1499.16(b)(3)).

(9)Modifying language to reflect that FAS personnel who act on behalf of CCC to make determinations under the Food for Progress Program are not necessarily CCC officials but are acting under delegated authority (7 CFR 1499.17(b) and (c)). Notice and Comment This rule is being issued as a final rule without prior notice and opportunity for comment. The Administrative Procedure Act exempts rules “relating to agency management or personnel or to public property, loans, grants, benefits, or contracts” from the statutory requirement for prior notice and opportunity for comment (5 U.S.C. 553(a)(2)). Accordingly, this rule may be made effective less than 30 days after publication in the **Federal Register** . However, members of the public may participate in this rulemaking by submitting written comments, data, or views. CCC will consider the comments received and may conduct additional rulemaking based on the comments. Written comments must be received by CCC or carry a postmark or equivalent no later than September 27, 2019. Catalog of Federal Domestic Assistance The program covered by this regulation is listed in the Catalog of Federal Domestic Assistance

(CFDA)under the following FAS CFDA number: 10.606, Food for Progress. E-Government Act Compliance CCC is committed to complying with the E-Government Act of 2002 (44 U.S.C. chapter 36), to promote the use of the internet and other information technologies to provide increased opportunities for citizens' access to Government information and services, and for other purposes. Executive Order 12866 This rule is issued in conformance with Executive Order 12866, “Regulatory Planning and Review.” It has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, was not reviewed by the Office of Management and Budget. Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988, “Civil Justice Reform.” This rule does not preempt State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. This rule will not be retroactive. Executive Order 12372 Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with officials of State and local governments that would be directly affected by the proposed Federal financial assistance. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened federalism by relying on State and local processes for the State and local government coordination and review of proposed Federal financial assistance and direct Federal development. This rule will not directly affect State or local officials and, for this reason, it is excluded from the scope of Executive Order 12372. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally requires an agency to prepare a regulatory flexibility analysis of any rule that is subject to notice and comment rulemaking under the Administrative Procedure Act

(APA)or any other law, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The Regulatory Flexibility Act does not apply to this rule because CCC is not required by the APA or any other law to publish a notice of proposed rulemaking with respect to the subject matter of the rule. Executive Order 13132 This rule has been reviewed under Executive Order 13132, “Federalism.” This rule will not have any substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. This rule does not impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States was not required. Executive Order 13175 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. CCC does not expect this rule to have any effect on Indian tribes. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)does not apply to this rule because it does not impose any enforceable duty or contain any unfunded mandate as described under the UMRA. List of Subjects in 7 CFR Part 1499 Agricultural commodities, Cooperative agreements, Exports, Food assistance programs, Foreign aid, Grant programs-agriculture, Technical assistance. For the reasons set forth in the preamble, the Commodity Credit Corporation amends part 1499 of title 7 of the Code of Regulations as follows: PART 1499—FOOD FOR PROGRESS PROGRAM 1. The authority citation for part 1499 continues to read as follows: Authority: 7 U.S.C. 1736o; and 15 U.S.C. 714b and 714c. 2. In § 1499.1, revise paragraphs (c), (d), (f)(1), and (g)(1) and

(2)to read as follows: § 1499.1 Purpose and applicability.

(c)Except as otherwise provided in this part, other regulations that are generally applicable to grants and cooperative agreements of USDA, including the applicable regulations set forth in 2 CFR chapters I, II, and IV, also apply to the FFPr Program. The provisions of the CCC Charter Act (15 U.S.C. 714 *et seq.* ) and any other statutory or regulatory provisions that are generally applicable to CCC apply to the FFPr Program.

(d)In accordance with 7 U.S.C. 1736o(b)(5), assistance under the FFPr Program may be provided to governments of emerging agricultural countries, intergovernmental organizations, private voluntary organizations, nonprofit agricultural organizations or cooperatives, nongovernmental organizations, colleges or universities, and any other private entities. (f)(1) The OMB guidance at subparts A through E of 2 CFR part 200, as supplemented by 2 CFR part 400 and this part, applies to all awards by CCC under the FFPr Program to all recipients that are private voluntary organizations, including a private voluntary organization that is a foreign organization, as defined in 2 CFR 200.47; nonprofit agricultural organizations or cooperatives, including a nonprofit agricultural organization or cooperative that is a foreign organization; nongovernmental organizations, including a nongovernmental organization that is a for-profit entity or a foreign organization; colleges or universities; or other private entities, including a private entity that is a for-profit entity or a foreign organization. (g)(1) The OMB guidance at subpart F of 2 CFR part 200, as supplemented by 2 CFR part 400 and this part, applies only to awards by CCC to recipients that are private voluntary organizations, agricultural organizations or cooperatives, nongovernmental organizations, colleges or universities, or other private entities, but that are not for-profit entities or foreign organizations.

(2)The OMB guidance at subpart F of 2 CFR part 200, as supplemented by 2 CFR part 400 and this part, applies to subawards to subrecipients under this part, except where the subrecipient is a for-profit entity, foreign public entity, or foreign organization. 3. In § 1499.2, add a definition for “College or university” in alphabetical order to read as follows: § 1499.2 Definitions. *College* or *university* means an educational institution in any State which admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; is legally authorized within such State to provide a program of education beyond secondary education; provides an educational program for which a bachelor's degree or any other higher degree is awarded; is a public or other nonprofit institution; and is accredited by a nationally recognized accrediting agency or association. The terms include a research foundation maintained by such a college or university. As used in this definition, State will have the meaning given in 7 U.S.C. 3103(16). 4. In § 1499.3, revise paragraph

(a)to read as follows: § 1499.3 Eligibility and conflicts of interest.

(a)A private voluntary organization, a nonprofit agricultural organization or cooperative, a nongovernmental organization, a colleges or university, or any other private entity is eligible to submit an application under this part to become a recipient under the Food for Progress Program. CCC will set forth specific eligibility information, including any factors or priorities that will affect the eligibility of an applicant or application for selection, in the full text of the applicable notice of funding opportunity posted on the U.S. Government website for grant opportunities. 5. In § 1499.5: a. Revise paragraphs (d)(2)(vii) and (viii); b. Remove paragraph (d)(2)(ix); c. Revise paragraphs (d)(3) and (4); d. Add paragraph (d)(5); and e. Revise paragraphs (e)(1), (4), and (5). The revisions and addition read as follows: § 1499.5 Agreements.

(d)* * *

(2)* * *

(vii)Any other governmental or nongovernmental entities that will be involved in the implementation of the activities; and

(viii)Any processing, packaging, or repackaging of the donated commodities that will take place prior to their distribution, sale, or barter by the recipient;

(3)A budget, which will set forth the maximum amounts of sale proceeds, CCC-provided funds, interest, program income, and voluntary committed cost sharing or matching contributions that may be used for each line item, as well as other applicable budget requirements;

(4)Performance goals for the agreement, including a list of results, with long-term benefits where applicable, to be achieved by the activities and corresponding indicators, targets, and time frames; and

(5)Any additional provisions specified by CCC during the negotiation of the agreement.

(e)* * *

(1)The agreement will prohibit the sale or transshipment of the donated commodities by the recipient to a country not specified in the agreement, or the use of the donated commodities for other than domestic purposes, for as long as the recipient has title to such donated commodities;

(4)The recipient will assert that, to the best of its knowledge, any sale or barter of the donated commodities will not displace or interfere with any sales of United States commodities that may otherwise be made to or within the target country. The recipient must submit information to CCC to support this assertion; and

(5)The recipient will assert that adequate transportation and storage facilities will be available in the target country at the time of the arrival of the donated commodities to prevent spoilage or waste of the donated commodities. The recipient must submit information to CCC to support this assertion. 6. In § 1499.6, revise paragraph (f)(6)(iv) to read as follows: § 1499.6 Payments.

(f)* * *

(6)* * *

(iv)If a recipient must return funds to CCC in accordance with paragraph (f)(6) of this section, the recipient must return the funds by the later of five business days after the 91st day after the funds were advanced, or five business days after the date on which the recipient receives notice from CCC that it has denied the recipient's request to roll over the funds; provided, however, that CCC may specify a different date for the return of funds in a written communication to the recipient. 7. In § 1499.11, revise paragraphs (e), (h)(1), and

(k)to read as follows: § 1499.11 Use of donated commodities, sale proceeds, CCC-provided funds, and program income.

(e)A recipient must not use sale proceeds, CCC-provided funds, interest, or program income to acquire goods and services, either directly or indirectly through another party, in a manner that violates a U.S. Government economic sanction program, as specified in the agreement. (h)(1) Except as provided in paragraph (h)(2) of this section, a recipient may make adjustments within the agreement budget between direct cost line items without further approval, provided that the total amount of adjustments does not exceed the amount specified in the agreement. Adjustments beyond these limits require the prior approval of CCC.

(k)A recipient must enter into a written contract with each provider of goods, services, or construction work that is valued at or above the Simplified Acquisition Threshold. Each such contract must require the provider to maintain adequate records to account for all donated commodities, funds, or both furnished to the provider by the recipient and to comply with any other applicable requirements that may be specified by CCC in the agreement. The recipient must submit a copy of each signed contract to CCC, as specified in the agreement. 8. In § 1499.14, revise paragraph (b)(2) to read as follows: § 1499.14 Subrecipients.

(b)* * *

(2)The subrecipient is prohibited from using sale proceeds, CCC-provided funds, interest, or program income to acquire goods and services, either directly or indirectly through another party, in a manner that violates a U.S. Government economic sanction program, as specified in the agreement. 9. In § 1499.16, revise paragraph (b)(3) to read as follows: § 1499.16 Suspension and termination of agreements.

(b)* * *

(3)Must comply with any closeout and post-closeout provisions specified in the agreement and 2 CFR 200.343 and 200.344. 10. In § 1499.17, revise paragraphs

(b)and

(c)to read as follows: § 1499.17 Opportunities to object and appeals.

(b)The recipient must submit its objection in writing, along with any documentation, to the official specified in the agreement within 30 days after the date of CCC's written notification to the recipient of the CCC action being challenged. This official will endeavor to notify the recipient of his or her determination (the initial determination) within 60 days after the date that CCC received the recipient's written objection.

(c)The recipient may appeal the initial determination to the Administrator, FAS. An appeal must be in writing and be submitted to the Office of the Administrator within 30 days after the date of the initial determination. The recipient may submit additional documentation with its appeal. Dated: July 19, 2019. Robert Stephenson, Executive Vice President, Commodity Credit Corporation. In concurrence with. Dated: July 18, 2019. Ken Isley, Administrator, Foreign Agricultural Service. [FR Doc. 2019-18420 Filed 8-27-19; 8:45 am]

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