Unknown. Final rule; request for comments

6,630 words·~30 min read·/register/2019/09/03/2019-18815

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-2019-09-03.xml --- 84 170 Tuesday, September 3, 2019 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: Five AHRQ Subcommittee, 46013-46014 2019-18928 Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Food and Nutrition Service See Rural Housing Service See The U.S. Codex Office Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45998-45999 2019-18933 Centers Disease Centers for Disease Control and Prevention NOTICES Draft Guideline for Prevention and Control of Infections in Neonatal Intensive Care Unit Patients: Draft Recommendations for the Prevention and Control of Staphylococcus aureus in Neonatal Intensive Care Unit Patients, 46014 2019-18907 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 45946 2019-19034 Coast Guard Coast Guard RULES Safety Zones: 2019 Monte Labor Day Fireworks Display, Carnelian Bay, Carnelian Bay, CA, 45905-45907 2019-18944 Illinois River, Mile Marker 162 to 166, Peoria, IL, 45903-45905 2019-18913 Special Local Regulations:

Ohio River, Portsmouth, OH, 45901-45903 2019-18868 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Credit Commodity Credit Corporation RULES Agriculture Risk Coverage and Price Loss Coverage Programs, 45877-45895 2019-18853 Community Development Community Development Financial Institutions Fund NOTICES Meetings: Community Development Advisory Board, 46095-46096 2019-18915 Corporation Corporation for National and Community Service NOTICES Privacy Act;

Systems of Records, 45999-46004 2019-18917 2019-18918 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Funding—Limitation of Costs/Funds, 46012 2019-18905 Quality Assurance Requirements, 46012-46013 2019-18906 Economic Development Economic Development Administration NOTICES Policy in Opportunity Zones, 45946-45949 2019-18947 Employee Benefits Employee Benefits Security Administration NOTICES Meetings:

Advisory Council on Employee Welfare and Pension Benefit Plans; Teleconference, 46050 2019-18967 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Air Plan Approval; Georgia; Update to Materials Incorporated by Reference, 45910-45918 2019-18590 Idaho; Update to CRB Fee Billing Procedures, 45918-45920 2019-18849 Clean Water Act Hazardous Substances Spill Prevention, 46100-46136 2019-18706 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Delaware; Amendments to the Regulatory Definition of Volatile Organic Compounds, 45931-45933 2019-18828 Idaho; Update to CRB Fee Billing Procedures, 45930-45931 2019-18848 National Emission Standards for Hazardous Air Pollutants: Site Remediation Residual Risk and Technology Review, 46138-46182 2019-17223 NOTICES Meetings: List of Potential Peer Reviewers; Potential Approaches for Characterizing the Estimated Benefits of Reducing PM <sup>2.5</sup> at Low Concentrations, 46006-46008 2019-18945 Pesticide Product Registration;

Applications: New Active Ingredients (July 2019), 46009 2019-18872 Farm Service Farm Service Agency RULES Agriculture Risk Coverage and Price Loss Coverage Programs, 45877-45895 2019-18853 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 45895-45900 2019-18832 NOTICES Petition for Exemption; Summary, 46081-46082 2019-18893 Petition for Exemption; Summary: Ameristar Air Cargo, Inc., 46081 2019-18974 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services:

Various Locations, 45920-45921 2019-16223 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46009-46010 2019-18916 Federal Emergency Federal Emergency Management Agency PROPOSED RULES National Flood Insurance Program: Revisions to Methodology for Payments to Write Your Own Companies; Correction, 45933-45934 2019-18982 NOTICES Major Disaster Declaration: Kansas; Amendment No. 4, 46028 2019-18881 Kansas; Amendment No. 5, 46027 2019-18880 Mississippi;

Amendment No. 5, 46027 2019-18886 Missouri; Amendment No. 1, 46026 2019-18883 Missouri; Amendment No. 2, 46026-46027 2019-18882 Missouri; Amendment No. 4, 46028-46029 2019-18879 Nebraska; Amendment No. 10, 46029 2019-18887 Nebraska; Amendment No. 9, 46028 2019-18888 Oklahoma; Amendment No. 1, 46027-46028 2019-18877 Oklahoma; Amendment No. 8, 46029 2019-18885 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 46005-46006 2019-18922 Combined Filings, 46004-46005 2019-18921 2019-18924 Filing:

Hoosier Energy Rural Electric Cooperative, 46005 2019-18923 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Proposed Highway in California, 46083-46085 2019-18988 2019-18991 Proposed Highway Realignment in California and Nevada, 46082-46083 2019-18989 Federal Maritime Federal Maritime Commission PROPOSED RULES Hearing Procedures Governing the Denial, Revocation, or Suspension of an OTI License, 45934-45938 2019-18742 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Article 19-A of the State of New York's Vehicle and Traffic Law, 45938-45940 2019-18949 Hours of Service of Drivers, 45940-45941 2019-18978 NOTICES Identification of Interstate Motor Vehicles;

Petition for Determination: City of Chicago, IL Registration Emblem Requirement, 46085-46086 2019-18983 Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 46086-46088, 46091-46092 2019-18963 2019-18964 Hearing, 46092-46094 2019-18942 Vision, 46088-46091 2019-18973 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 46094 2019-18914 Federal Reserve Federal Reserve System NOTICES Privacy Act; Systems of Records, 46010-46012 2019-18890 Fish Fish and Wildlife Service RULES Migratory Bird Permits:

Depredation Order, 45921-45924 2019-18954 NOTICES Endangered and Threatened Species; Receipt of Recovery Permit Applications, 46032-46033 2019-18852 Permit Application: Incidental Take; Proposed Habitat Conservation Plan for the San Bernardino Kangaroo Rat, City of Highland, San Bernardino County, CA; Categorical Exclusion, 46031-46032 2019-18908 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Evaluation of the Food and Drug Administration's General Market Youth Tobacco Prevention Campaigns, 46021-46022 2019-18938 Draft Guidance for Industry and Food and Drug Administration Staff; Availability: Testing and Labeling Medical Devices for Safety in the Magnetic Resonance Environment, 46023-46024 2019-18929 List of Bulk Drug Substances for which there is a Clinical Need under the Federal Food, Drug, and Cosmetic Act, 46014-46021 2019-18932 Food and Nutrition Food and Nutrition Service RULES Food Distribution Program on Indian Reservations:

Revisions to the Administrative Match Requirement, 45873-45877 2019-18815 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contract Funding—Limitation of Costs/Funds, 46012 2019-18905 Quality Assurance Requirements, 46012-46013 2019-18906 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Rescission of Discretionary Parole Policies:

Nationals of the Russian Federation Seeking Entry into Guam and/or the Commonwealth of the Northern Mariana Islands for a Temporary Visit for Business or Pleasure, 46029-46031 2019-18841 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Environmental Assessments; Availability, etc.: Deepwater Horizon Oil Spill Alabama Trustee Implementation Group Draft Restoration Plan III:

Birds and Provide and Enhance Recreational Opportunities, 46033-46035 2019-18920 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 45954-45955 2019-18935 Certain Steel Trailer Wheels 12 to 16.5 Inches from the People's Republic of China, 45952-45954 2019-18937 Opportunity to Request Administrative Review, 45949-45952 2019-18936 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Refined Brown Aluminum Oxide from China, 46047-46049 2019-18765 Justice Department Justice Department NOTICES Proposed Consent Decree: Clean Water Act, 46049-46050 2019-18889 Labor Department Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Filing of Plats of Survey: Idaho, 46035 2019-18985 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contract Funding—Limitation of Costs/Funds, 46012 2019-18905 Quality Assurance Requirements, 46012-46013 2019-18906 Partially Exclusive Patent License, 46050-46051 2019-18909 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Records Preservation, 46051 2019-18943 National Highway National Highway Traffic Safety Administration NOTICES Meetings: National Emergency Medical Services Advisory Council, 46094-46095 2019-18878 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 46024-46025 2019-18894 National Cancer Institute, 46026 2019-18896 National Center for Advancing Translational Sciences, 46024 2019-18895 National Heart, Lung, and Blood Institute, 46025-46026 2019-18897 2019-18898 National Institute of Allergy and Infectious Diseases, 46026 2019-18899 National Institute of Mental Health, 46024-46025 2019-18900 2019-18901 Office of the Director, 46024 2019-18902 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2019 Commercial Closure for Atlantic Migratory Group Cobia, 45924-45925 2019-18926 Fisheries of the Exclusive Economic Zone off Alaska:

Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 45925-45926 2019-18948 PROPOSED RULES Atlantic Highly Migratory Species: Amendment 12 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan, 45941-45943 2019-18939 Plan for Periodic Review of Regulations, 45929-45930 2019-18486 NOTICES Permit Application: Marine Mammals; File No. 23117, 45997-45998 2019-18865 Taking of Marine Mammals Incidental to Specified Activities: Construction Activities Associated with the Raritan Bay Pipeline, 45955-45983 2019-18931 Pile Driving Activities during Construction of a Ferry Terminal at Seaplane Lagoon, Alameda Point, San Francisco, CA, 45983-45997 2019-18884 National Park National Park Service NOTICES Intent to Repatriate Cultural Items:

The Field Museum, Chicago, IL, 46041-46043 2019-18864 2019-18866 Inventory Completion: Department of Anthropology, University of Alaska Anchorage, Anchorage, AK, 46036-46037, 46039-46041, 46045-46046 2019-18856 2019-18857 2019-18854 2019-18855 Historic Westville, Inc., Columbus, GA; Correction, 46046-46047 2019-18859 Robert S. Peabody Institute of Archaeology, Andover, MA, 46037-46038 2019-18861 Texas Archeological Research Laboratory, University of Texas at Austin, Austin, TX, 46043-46044 2019-18863 The Florida Department of State/Division of Historical Resources, Tallahassee, FL;

Correction, 46044-46045 2019-18860 U.S. Department of Agriculture, Forest Service, Kootenai National Forest, Lincoln County, MT, 46039-46040 2019-18862 U.S. Department of Agriculture, Forest Service, Shoshone National Forest, Cody, WY, 46035-46036 2019-18858 U.S. Department of the Interior, National Park Service, Russell Cave National Monument, Bridgeport, AL, 46042-46043 2019-18867 Patent Patent and Trademark Office RULES Increase of the Annual Limit on Accepted Requests for Track I Prioritized Examination, 45907-45910 2019-18994 Rural Housing Service Rural Housing Service PROPOSED RULES Guaranteed Rural Rental Housing Change in Initial Guarantee Fee and Annual Guarantee Fee, 45927-45929 2019-18773 Securities Securities and Exchange Commission NOTICES Meetings:

Investor Advisory Committee, 46061-46062 2019-18927 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 46051-46057 2019-18869 Cboe EDGX Exchange, Inc., 46057-46061 2019-18873 Cboe Exchange, Inc., 46069-46075 2019-18870 NYSE American, LLC, 46062-46069 2019-19002 The Nasdaq Stock Market, LLC, 46075-46079 2019-18871 Social Social Security Administration RULES Security and Suitability Files, 45900-45901 2019-18892 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Colorado Regulatory Program, 46184-46209 2019-18697 Codex The U.S.

Codex Office NOTICES Meetings: Codex Committee on Food Hygiene, 45944-45945 2019-18876 Codex Committee on Fresh Fruits and Vegetables, 45945-45946 2019-18875 Trade Representative Trade Representative, Office of United States NOTICES Proposed Modification of Action Pursuant to Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 46212-46417 2019-18946 Request for Comments: National Trade Estimate Report on Foreign Trade Barriers, 46079-46081 2019-18910 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund NOTICES Meetings:

Federal Advisory Committee on Insurance, 46096-46097 2019-18874 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 46097 2019-18984 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Edith Nourse Rogers STEM Scholarship Application, 46097-46098 2019-18904 Financial Counseling Statement, 46098 2019-18903 Separate Parts In This Issue Part II Environmental Protection Agency, 46100-46136 2019-18706 Part III Environmental Protection Agency, 46138-46182 2019-17223 Part IV Interior Department, Surface Mining Reclamation and Enforcement Office, 46184-46209 2019-18697 Part V Trade Representative, Office of United States, 46212-46417 2019-18946 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. 84 170 Tuesday, September 3, 2019 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 253 [FNS-2019-0031] RIN 0584-AE74 Food Distribution Program on Indian Reservations: Revisions to the Administrative Match Requirement AGENCY:

Food and Nutrition Service, USDA. ACTION: Final rule; request for comments. SUMMARY: Through this rulemaking, the U.S. Department of Agriculture's (the Department or USDA) Food and Nutrition Service

(FNS)is codifying new and revised statutory requirements included in the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). First, the Department is revising the minimum Federal share of the Food Distribution Program on Indian Reservations (FDPIR) administrative costs and State agency/Indian Tribal Organization

(ITO)mandatory administrative match requirement amounts. Second, the Department is revising its administrative match waiver requirements by allowing State agencies and ITOs to qualify for a waiver if the required match share would be a substantial burden. Third, the Department is limiting the reduction of any FDPIR benefits or services to State agencies and ITOs that are granted a full or partial administrative match waiver. Last, the Department is allowing for other Federal funds, if such use is otherwise consistent with both the purpose of the other Federal funds and with the purpose of FDPIR administrative funds, to be used to meet the State agency/ITO administrative match requirement. DATES: *Effective Date:* This rule is effective September 3, 2019. *Comment Date:* Written comments on this rule must be received on or before November 4, 2019. ADDRESSES: The Food and Nutrition Service (FNS), USDA, invites interested persons to submit written comments on this rule. Comments may be submitted in writing by one of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. • *Mail:* Send comments to Erica Antonson, Branch Chief, Food Distribution Division, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 506, Alexandria, Virginia 22302-1592,

(703)305-2680. • *Email:* Send comments to *FDPIR-RC@usda.gov.* Include Docket ID Number FNS-2019-0031, “Food Distribution Program on Indian Reservations: Revisions to the Administrative Match Requirement” in the subject line of the message. • All written comments submitted in response to this Final Rule with Request for Comments will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the written comments publicly available on the internet via *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Barbara Lopez, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Room 506, Alexandria, Virginia 22302-1592, or by email at *Barbara.Lopez@usda.gov.* SUPPLEMENTARY INFORMATION: I. Public Comment Procedures II. Background and Discussion of Final Rule With Request for Comments A. State Agency/ITO Administrative Match Requirement B. State Agency/ITO Administrative Match Waiver C. Limitation on Reducing Benefits or Services to State Agencies/ITOs Granted an Administrative Match Waiver D. Use of Other Federal Funds To Meet the State Agency/ITO Administrative Match III. Procedural Matters I. Public Comment Procedures Your written comments on this rule should be specific, should be confined to issues pertinent to the rule, and should explain the reason(s) for any change you recommend or oppose. Where possible, you should reference the specific section or paragraph of the rule you are addressing. This rule is effective upon publication. If the Department determines that comments received change any provisions of this rule, the Department will publish a new final rule in the **Federal Register** . Comments must be received on or before the comment period (see DATES ) to be assured of consideration. Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. We invite your comments on how to make these regulations easier to understand, including answers to questions such as the following:

(1)Are the requirements in the regulation clearly stated?

(2)Does the rule contain technical language or jargon that interferes with its clarity?

(3)Does the format of the rule ( *e.g.,* grouping and order of sections, use of heading, and paragraphing) make it clearer or less clear?

(4)Would the rule be easier to understand if it was divided into more (but shorter) sections?

(5)Is the description of the rule in the preamble section entitled “Background and Discussion of Final Rule with Request for Comments” helpful in understanding the rule? How could this description be more helpful in making the rule easier to understand? II. Background and Discussion of Final Rule With Request for Comments In the following discussion and regulatory text, the term “State agency,” as defined at 7 CFR 253.2, is used to include ITOs authorized to administer FDPIR and the Food Distribution Program for Indian Households in Oklahoma (FDPIHO) in accordance with 7 CFR parts 253 and 254. The term “FDPIR” is used in this rulemaking to refer collectively to FDPIR and FDPIHO. The 2018 Farm Bill (Pub. L. 115-334) was signed into law on December 20, 2018. Section 4003 included FDPIR-specific provisions and modified Section 4(b) of the Food and Nutrition Act

(FNA)(7 U.S.C. 2013(b)). This rule codifies new and revised statutory requirements included in the 2018 Farm Bill by amending FDPIR regulations at 7 CFR part 253. Upon publication, this rulemaking makes the following changes:

(1)Revises the required minimum Federal share of FDPIR administrative costs and State agency/ITO mandatory administrative match amounts;

(2)allows State agencies/ITOs to qualify for an administrative match waiver if their required match share would be a substantial burden;

(3)limits the reduction of FDPIR benefits or services to State agencies/ITOs that are granted a full or partial administrative match waiver; and

(4)allows for other Federal funds to be used to meet the State agency/ITO administrative match requirement, if such use is otherwise consistent with the purpose of the other Federal funds. The amendments are discussed in more detail below. The Administrative Procedure Act

(APA)at 5 U.S.C. 553(a)(2) specifically exempts rules involving grants and benefits from notice-and-comment requirements, giving the Department the authority to issue final rules in grants and benefits programs, like FDPIR. 1 The Department does, however, retain the discretion to issue a final rule with a request for comments, and FNS welcomes comments on the specified sections below. The Department is issuing this final rule with request for comments in order to ensure that the provisions in this rulemaking apply to the next FDPIR administrative grant cycle, fiscal year

(FY)2020, which begins October 1, 2019. State agencies and ITOs that administer FDPIR benefit from the timely implementation of these provisions as they have a direct and positive impact on individual State agency and ITO grant allocations to operate the program. The Department determined that prolonging the implementation of these provisions would negatively impact State agencies and ITOs that administer the FDPIR by delaying their ability to utilize the new flexibilities provided for in the 2018 Farm Bill. As previously stated, if the Department, upon consideration of the comments received, decides to amend any provisions of the rule, the Department will publish a new final rule in the **Federal Register** with an explanation of the changes. 1 Previous USDA practice pursuant to the Statement of Policy published on July 24, 1971 (36 FR 13804) was to utilize APA notice-and-comment rulemaking procedures regardless of the APA's stated exceptions, but that memo was rescinded in 2013. 78 FR 64194 (Oct. 28, 2013). A. *State Agency/ITO Administrative Match Requirement* Under Federal regulations at 7 CFR 253.11(b) and (c), the Department provides 75 percent of FDPIR administrative funds and State agencies/ITOs are required to contribute the remaining 25 percent in matching funds, unless a match waiver is granted by the Department. The State agency/ITO administrative match requirement may be a cash or non-cash ( *i.e.,* in-kind) contribution, per 7 CFR 253.11(c)(1). Section 4003 of the 2018 Farm Bill modified Section 4(b)(4) of the FNA (7 U.S.C. 2013(b)(4)) to require the Department to pay not less than 80 percent of State agencies and ITOs' administrative costs in FDPIR. Therefore, the corresponding State agency/ITO administrative match requirement would be a maximum of 20 percent. This rule amends 7 CFR 253.11(b) and (c)(1) and

(2)to increase the Federal share of FDPIR administrative costs from 75 to 80 percent. This rule also amends 7 CFR 253.11(c)(1) and

(2)to reduce the State agency/ITO match requirement from 25 to 20 percent. The corresponding State agency/ITO match requirement for FY 2019 FDPIR administrative grants is 25 percent as those grants precede this rulemaking. At the time this rulemaking goes into effect (see DATES), the revised Federal share of 80 percent and revised State agency/ITO administrative match requirement amount of 20 percent, as described in this rulemaking, will apply to new FDPIR administrative grants only starting in FY 2020. FDPIR administrative grants for FY 2019 that have a period of performance through September 30, 2020 will retain the Federal share of 75 percent and the State agency/ITO administrative match requirement amount of 25 percent. This rulemaking applies to FY 2020 FDPIR administrative grants and to FDPIR administrative grants annually thereafter. The Department does not request comments on the minimum amount of the Federal share, as the 80 percent is specified in statute. However, rulemaking is necessary to implement the 80 percent provision because the Department must exercise discretion in determining the inextricably related issues of changes to the standard for receiving an administrative match waiver, the prohibition on reducing benefits and services to State agencies and ITOs in receipt of the administrative match waiver, and the determination of what other Federal funds may count towards the 20 percent State agency/ITO administrative match requirement. This issue is discussed below. B. *State Agency/ITO Administrative Match Waiver* FDPIR regulations at 7 CFR 253.11(c)(2) allow State agencies and ITOs to request an administrative match waiver to reduce or eliminate their match requirement in the event that a State agency/ITO is unable to meet the match requirement. In its request, the State agency/ITO must provide compelling justification and include a summary statement and recent financial documents. Section 4003 of the 2018 Farm Bill adds a provision at Section 4(b)(4)(B)(i) of the FNA (7 U.S.C. 2013(b)(4)(B)(ii)) to codify the existing regulation to allow State agencies and ITOs to submit a match waiver request if they are financially unable to meet the State agency/ITO administrative match requirement. Section 4003 of the 2018 Farm Bill also provides a new provision in Section 4(b)(4)(B)(ii) of the FNA to allow State agencies and ITOs to qualify for the administrative match waiver if funding their share of the costs would be a substantial burden for the State agency/ITO. The Department interprets substantial burden to mean the State agency/ITO would be substantially negatively impacted if it is required to provide the full or partial share of administrative funds. For example, an ITO may submit an administrative match waiver request demonstrating substantial burden by detailing how providing its share of the administrative match requirement would deplete the Tribe's reserves to a level that would have a substantial negative impact on the Tribe. The Department has also determined that the submission of a waiver request and corresponding documents for review cannot, in and of itself, constitute a substantial burden for purposes of qualifying for the administrative match waiver. For example, if an ITO submits an administrative match waiver request based solely on the difficulty of collecting compelling justification as a reason to qualify for the waiver under the substantial burden standard, then the Department would deny the administrative match waiver request. The Department has determined that, in order to approve an administrative match waiver request based on substantial burden, the State agency must submit compelling justification to the FNS Regional Office for review and approval, similar to the current process as outlined at 7 CFR 253.11(c)(2). To apply for a waiver of the administrative match based on substantial burden, the State agency/ITO must submit a signed letter from the leadership of a State agency or, in the case of an Indian Tribal Organization, a signed letter from the Tribal Council, describing why providing the match would be a substantial burden for the State agency/ITO along with supporting documentation, as needed. This rulemaking revises the existing regulatory requirements at 7 CFR 253.11(c)(2) introductory text and (c)(2)(i) and

(ii)to allow for an administrative match waiver request to be submitted under financial burden or substantial burden. Under the revised 7 CFR 253.11(c)(2), this rule adds language on how a State agency/ITO can qualify for the administrative match waiver based on compelling justification submitted for either of the two standards, the existing financial burden standard and the new substantial burden standard. Under the revised 7 CFR 253.11(c)(2)(i), this rule keeps the existing regulatory requirement in 7 CFR 253.11(c)(2) that a State agency/ITO must submit a summary statement and recent financial documents showing that the State agency/ITO is unable to meet the matching requirement and that additional administrative funds are necessary for the effective operation of the program. Under the revised 7 CFR 253.11(c)(2)(ii), this rule adds new language to allow a State agency/ITO to submit a signed letter from the leadership of a State agency or, in the case of an Indian Tribal Organization, a signed letter from the Tribal Council, describing the State agency/ITO's substantial burden along with supporting documentation, as needed, to qualify for the administrative match waiver based on substantial burden. This option is in lieu of the summary statement and financial documentation currently required under 7 CFR 253.11(c)(2) for waiver requests based on financial inability to meet the match requirement. The Department requests comments on this section of the rulemaking. C. *Limitation on Reducing Benefits or Services to State Agencies/ITOs Granted an Administrative Match Waiver* Current FDPIR regulations at 7 CFR 253.11(c)(2) provide the FNS Regional Office with discretion on whether to provide additional Federal administrative funds above the required Federal share when a State agency/ITO is granted a match waiver. For example, if the FNS Regional Office waives a State agency/ITO's current 25 percent match requirement, the FNS Regional Office may provide the State agency/ITO with only 75 percent of its requested funding level or make up the difference by supplementing this amount with additional Federal funds, up to the State agency/ITO's total requested funding level, or 100 percent. The FNS Regional Office decision regarding additional Federal funds is often dependent on funding availability and currently may not account for whether any funding gap would lead to a reduction of FDPIR benefits or services at the State agency/ITO level. Section 4003 of the 2018 Farm Bill adds a new provision at Section 4(b)(4)(C) of the FNA (7 U.S.C. 2013(b)(4)(C)), prohibiting the Secretary from reducing FDPIR benefits or services to State agencies and ITOs that are granted an administrative match waiver. The Department interprets this limitation to mean that the same level of program benefits or services must be maintained. This rulemaking adds a new 7 CFR 253.11(c)(3) to require the FNS Regional Office to not reduce any benefits or services to State agencies/ITOs in receipt of an administrative match waiver. The Department requests comments on this section of the rulemaking. D. *Use of Other Federal Funds To Meet the State Agency/ITO Administrative Match* Current FDPIR regulations at 7 CFR 253.11(c)(1) allow for the State agency/ITO administrative match requirement to be met with cash or non-cash contributions, including in-kind contributions. Furthermore, 7 CFR 253.11(c)(1)(v) provides that such contributions may not be paid for by the Federal Government under another assistance agreement unless authorized under the other agreement and its subject laws and regulations. Section 4003 of the 2018 Farm Bill adds a new provision at Section 4(b)(4)(D) of the FNA (7 U.S.C. 2013(b)(4)(D)) to allow for other Federal funds to be used towards meeting the State agency/ITO administrative match requirement, if that use is otherwise consistent with the purpose of the other Federal funds. In addition, the Department has determined that existing regulations at 7 CFR 253.11(c)(1)(i), (iii), (iv), and

(vi)apply to the use of other Federal funds because matching funds must be verifiable; not be contributed for another Federally-assisted program unless authorized by Federal legislation; be necessary and reasonable to accomplish program objectives; be allowable costs under 7 CFR part 277; and be included in the approved budget. The Department has also determined that a State agency/ITO seeking to use other Federal funds towards its FDPIR administrative match must demonstrate that such use is not prohibited by law for those funds to be used to meet a Federal match of another program. For example, an ITO has AmeriCorps VISTA volunteers, who are paid from another Federal source, working at the food distribution center in support of FDPIR operations. The ITO could submit the salary of the AmeriCorps VISTA volunteers as an in-kind contribution towards their administrative match requirement. By contrast, the salary of AmeriCorps VISTA volunteers working for an ITO on a project unrelated to FDPIR could not be used as an in-kind contribution towards their administrative match requirement. This rulemaking, therefore, requires State agencies and ITOs seeking to use other Federal funds to meet their State agency/ITO administrative match requirement to submit documentary evidence for review and approval by the FNS Regional Office that details the source, value, and purpose of those other Federal funds. This rule revises 7 CFR 253.11(c)(1) to allow for the use of other Federal funds, requires documentary evidence to be submitted on the source, value, and purpose of those other Federal funds, and requires approval by the FNS Regional Office for those funds to be used towards the State agency/ITO administrative match. The rule also removes 7 CFR 253.11(c)(1)(ii) as the provision is already captured under part 277, removes existing regulation at § 253.11(c)(1)(v) which prohibits the use of Federal funds, redesignates § 253.11(c)(1)(iii), (iv), and

(vi)to § 253.11(c)(1)(ii), (iii), and (iv), and revises newly redesignated § 253.11(c)(1)(iii) (formerly § 253.11(c)(1)(iv)) to add an “and”. The Department requests comments on this section of the rulemaking. Procedural Matters Congressional Review Act 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 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final rule with request for comments has been determined to be not significant and was reviewed by the Office of Management and Budget

(OMB)in conformance with Executive Order 12866. Regulatory Impact Analysis This rule has been designated as not significant by the Office of Management and Budget; therefore, no Regulatory Impact Analysis is required. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612) requires Agencies to analyze the impact of rulemaking on small entities and consider alternatives that would minimize any significant impacts on a substantial number of small entities. Pursuant to that review, it has been certified that this rule would not have a significant impact on a substantial number of small entities. While there may be some burden/impact on State agencies and ITOs that administer FDPIR, the impact is not significant due to this rule providing a reduction in the State agency/ITO administrative match requirement. This rulemaking also provides flexibilities in meeting this requirement. Executive Order 13771 Executive Order 13771 directs agencies to reduce regulation and control regulatory costs and provides that the cost of planned regulations be prudently managed and controlled through a budgeting process. This rule is not an E.O. 13771 regulatory action because it is not significant under E.O. 12866. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, the Department generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures by State, local, or tribal governments, in the aggregate, or the private sector, of $146 million or more (when adjusted for inflation; GDP deflator source: Table 1.1.9 at *https://apps.bea.gov/iTable/iTable.cfm* ) in any one year. When such a statement is needed for a rule, Section 205 of the UMRA generally requires the Department to identify and consider a reasonable number of regulatory alternatives and adopt the most cost effective or least burdensome alternative that achieves the objectives of the rule. This final rule with request for comments does not contain Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, and tribal governments or the private sector of $146 million or more in any one year. Thus, the rule is not subject to the requirements of sections 202 and 205 of the UMRA. Executive Order 12372 The program addressed in this section is listed in the Catalog of Federal Domestic Assistance under No. 10.567 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR chapter IV.) Federalism Summary Impact Statement Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under Section (6)(b)(2)(B) of Executive Order 13132. The Department has determined that this rule does not have federalism implications. This rule does not impose substantial or direct compliance costs on State and local governments. Therefore, under Section 6(b) of the Executive Order, a federalism summary impact statement is not required. Executive Order 12988, Civil Justice Reform This final rule with request for comments has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have preemptive effect with respect to any State or local laws, regulations, or policies which conflict with its provisions or which would otherwise impede its full and timely implementation. This rule is not intended to have retroactive effect unless so specified in the Effective Dates section of the final rule. Prior to any judicial challenge to the provisions of the final rule with request for comments, all applicable administrative procedures must be exhausted. Civil Rights Impact Analysis FNS has reviewed this final rule with request for comments in accordance with USDA Regulation 4300-004, “Civil Rights Impact Analysis,” to identify any major civil rights impacts the rule might have on program participants on the basis of age, race, color, national origin, sex, or disability. After a careful review of the rule's intent and provisions, FNS has determined that this rule is not expected to affect the participation of protected individuals in FDPIR. Executive Order 13175 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. In 2019, the Department engaged in a series of consultative and coordinated sessions with elected Tribal leaders and Tribal representatives from the FDPIR community to discuss these provisions. Reports from the consultative sessions will be made part of the USDA annual reporting on Tribal Consultation and Collaboration. USDA is unaware of any current Tribal laws that could be in conflict with this rule. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; 5 CFR 1320) requires the Office of Management and Budget

(OMB)to approve all collections of information by a Federal agency before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. This rule contains information collection requirements that have been approved by OMB under OMB# 0584-0594 Food Programs Reporting System (FPRS). This rule, however, does not impact these information collection requirements and therefore they are not subject to review and approval by the Office of Management and Budget under the Paperwork Reduction Act of 1995. E-Government Act Compliance The Department is committed to complying with the E-Government Act of 2002 (Pub. L. 107-347) to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects in 7 CFR Part 253 Administrative practice and procedure, Food assistance programs, Grant programs, Indians, Social programs, Surplus agricultural commodities. Accordingly, 7 CFR part 253 is amended as follows: PART 253—ADMINISTRATION OF THE FOOD DISTRIBUTION PROGRAM FOR HOUSEHOLDS ON INDIAN RESERVATIONS 1. The authority citation for 7 CFR part 253 continues to read as follows: Authority: 91 Stat. 958 (7 U.S.C. 2011-2036). 2. In § 253.11: a. Revise paragraphs

(b)and (c)(1) introductory text; b. Remove paragraphs (c)(1)(ii) and (v); c. Redesignate paragraphs (c)(1)(iii), (iv), and

(vi)as paragraphs (c)(1)(ii), (iii), and (iv); d. Revise newly redesignated paragraph (c)(1)(iii) and paragraph (c)(2); and e. Add paragraph (c)(3). The revisions and addition read as follows: § 253.11 Administrative funds.

(b)*Allocation of administrative funds to State agencies.* Prior to receiving administrative funds, State agencies must submit a proposed budget reflecting planned administrative costs to the appropriate FNS Regional Office for approval. Planned administrative costs must be allowable under part 277 of this chapter. To the extent that funding levels permit, the FNS Regional Office allocates to each State agency administrative funds necessary to cover no less than 80 percent of approved administrative costs.

(c)* * *

(1)Unless Federal administrative funding is approved at a rate higher than 80 percent of approved administrative costs, in accordance with paragraph (c)(3) of this section, each State agency must contribute 20 percent of its total approved administrative costs. Cash or non-cash contributions, including third party in-kind contributions, and the value of services rendered by volunteers, may be used to meet the State agency matching requirement. Funds provided from another Federal source may be used to meet the State agency matching requirement, provided that such use is consistent with the purpose of those funds and complies with this subsection. To use funds from another Federal source, the State agency must submit documentation for approval to the FNS Regional Office which shows the source, value, and purpose of those funds. In accordance with part 277 of this chapter, such contributions must:

(iii)Be allowable under part 277 of this chapter; and

(2)Upon request from a State agency, an FNS Regional Office may approve a waiver reducing a State agency's matching requirement below 20 percent. To request a waiver, the State agency must submit compelling justification for the waiver to the appropriate FNS Regional Office. Compelling justification is based on either financial inability to meet the match requirement or the match requirement imposing a substantial burden. The request for the match waiver must be submitted with the following and in accordance with other FNS instructions:

(i)For a waiver based on financial inability, a summary statement and recent financial documents showing that the State agency is unable to meet the 20 percent matching requirement and that additional administrative funds are necessary for the effective operation of the program; or

(ii)For a waiver based on substantial burden, a signed letter from the leadership of the State agency or, in the case of an Indian Tribal Organization, from the Tribal Council, describing why meeting the 20 percent matching requirement would impose a substantial burden on the State agency, and why additional administrative funds are necessary for the effective operation of the program, along with supporting documentation, as needed.

(3)The FNS Regional Office may not reduce any benefits or services to State agencies that are granted a waiver. Dated: August 26, 2019. Pamilyn Miller, Administrator, Food and Nutrition Service. [FR Doc. 2019-18815 Filed 8-30-19; 8:45 am]

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