Unknown. Final rule

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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-2020-05-18.xml --- 85 96 Monday, May 18, 2020 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES International Trade Data System Test: Cessation of Voluntary Export Pilot Project, 29741 2020-10581 American American Battle Monuments Commission RULES Freedom of Information Act Regulations, 29621-29626 2020-09097 Animal Animal and Plant Health Inspection Service RULES Movement of Certain Genetically Engineered Organisms, 29790-29838 2020-10638 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29687 2020-10600 Centers Disease Centers for Disease Control and Prevention NOTICES Statement of Organization, Functions, and Delegations of Authority, 29720-29723 2020-10598 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare and Medicaid Programs: Application from DNV-GL Healthcare USA, Inc. for Continued Approval of Its Critical Access Hospital Accreditation Program, 29723-29724 2020-10632 Civil Rights Civil Rights Commission NOTICES Meetings:

Kentucky Advisory Committee; Correction, 29684 2020-10580 Ohio Advisory Committee, 29683-29684 2020-10613 West Virginia Advisory Committee, 29684 2020-10567 Coast Guard Coast Guard RULES Security Zone: Potomac River, Montgomery County, MD, 29615-29621 2020-10152 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission RULES Privacy of Consumer Financial Information, 29611-29614 2020-08552 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29686-29687 2020-10540 Consumer Product Consumer Product Safety Commission NOTICES Hearing: Commission Agenda and Priorities, 29687-29688 2020-10589 Copyright Royalty Board Copyright Royalty Board NOTICES Distribution: 2018 Cable Royalty Funds, 29753-29754 2020-10609 2018 Satellite Royalty Funds, 29753 2020-10608 Defense Department Defense Department See Engineers Corps RULES Federal Acquisition Regulations: Applicability of Inflation Adjustments of Acquisition-Related Thresholds, 29666 C1-2020-07109 NOTICES Meetings:

Board of Regents, Uniformed Services University of the Health Sciences, 29688-29689 2020-10628 Drug Drug Enforcement Administration NOTICES Bulk Manufacturer of Controlled Substances Application: SpecGx, LLC, 29741-29742 2020-10601 Importer of Controlled Substances; Application: Scientific Botanical Pharmaceutical, Inc., 29742-29743 2020-10625 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Protection and Advocacy of Individual Rights Program Performance Report, 29691 2020-10607 Fiscal Year 2020 Application for Grants Under the International Research and Studies Program, 29705-29706 2020-10603 Health Education Assistance Loan Program;

Lender's Application for Insurance Claim Form and Request for Collection Assistance Form, 29707 2020-10602 Applications for New Awards: Teacher Quality Partnership Grant Program, 29691-29704 2020-10509 List of Correspondence: January 1, 2019, Through March 31, 2020, 29706-29707 2020-10542 Waivers Granted Under Section 3511 of the Coronavirus Aid, Relief, and Economic Security Act, 29704-29705 2020-10563 Employment and Training Employment and Training Administration NOTICES Change in Status of the Extended Benefit Program:

Alaska, 29747 2020-10547 Massachusetts, 29746 2020-10552 Minnesota, 29748 2020-10551 Montana, 29747 2020-10548 Nevada, 29746 2020-10549 New Jersey, 29748 2020-10553 New York, 29745 2020-10554 Pennsylvania, 29745 2020-10555 Puerto Rico, 29745-29746 2020-10557 Vermont, 29749 2020-10558 Washington, 29748 2020-10550 West Virginia, 29747 2020-10556 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES National Wetland Plant List, 29689-29691 2020-10630 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Massachusetts; Negative Declaration for the Oil and Gas Industry, 29628-29630 2020-09072 New Jersey; Negative Declaration, 29627-29628 2020-08862 Pesticide Tolerances: Fluridone, 29633-29637 2020-08963 Tolerance Exemption: Methyl Mercaptan, 29630-29633 2020-08964 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Massachusetts; Negative Declaration for the Oil and Gas Industry, 29678 2020-09073 NOTICES Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2020 Control Periods, 29711-29712 2020-10515 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH;

Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 29601-29603 2020-10631 ATR—GIE Avions de Transport Regional Airplanes, 29596-29598 2020-10627 The Boeing Company Airplanes, 29598-29601 2020-10604 Instrument Flight Rules Altitudes; Miscellaneous Amendments, 29603-29610 2020-09422 PROPOSED RULES Airworthiness Directives: General Electric Company Turbofan Engines, 29676-29678 2020-10571 The Boeing Company Airplanes, 29673-29676 2020-10539 NOTICES Petition for Exemption;

Summary: Aero Seat, Inc., 29780-29781 2020-10616 AgrowSoft, LLC dba AgrowDrone, 29778 2020-10618 Air Wisconsin Airlines, LLC, 29776 2020-10619 Airlines for America, 29776-29780 2020-10620 2020-10621 2020-10624 Benjamin Kroll, 29779 2020-10617 Patrick Tohill, 29777 2020-10623 Sun Country Inc. d/b/a Sun Country Airlines, 29779-29780 2020-10622 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29712-29713, 29717-29719 2020-10528 2020-10529 2020-10535 Meetings:

Technological Advisory Council, 29716-29717 2020-10562 Privacy Act; Systems of Records, 29713-29716 2020-10533 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Facility Access Request, 29733 2020-10513 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Southern California Edison Co., 29708-29709 2020-10578 Combined Filings, 29708, 29710 2020-10573 2020-10575 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Techren Solar III, LLC, 29710-29711 2020-10570 Techren Solar IV, LLC, 29711 2020-10572 Techren Solar V, LLC, 29711 2020-10574 Petition for Waiver: Florida Power and Light Co.; Gulf Power Co., 29709-29710 2020-10579 Federal Maritime Federal Maritime Commission RULES Interpretive Rule on Demurrage and Detention Under the Shipping Act, 29638-29666 2020-09370 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 29719-29720 2020-10798 2020-10801 Sending Case Issuances Through Electronic Mail, 29719 2020-10597 Temporary Suspension of In-Person Hearings, 29719 2020-10595 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers;

Exemption Applications: Extreme Logistics, LLC, 29782-29784 2020-10590 PTS Worldwide, Inc., 29781-29782 2020-10592 Parts and Accessories Necessary for Safe Operation; Exemption Applications: Laydon Composites Ltd., 29784-29787 2020-10593 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 29720 2020-10615 Federal Transit Federal Transit Administration NOTICES Limitation on Claims Against Proposed Public Transportation Projects, 29787 2020-10505 Food and Nutrition Food and Nutrition Service PROPOSED RULES Employment and Training Opportunities in the Supplemental Nutrition Assistance Program, 29673 2020-10536 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganization under Alternative Site Framework:

Foreign-Trade Zone 32, Miami, FL, 29685 2020-10611 Forest Forest Service NOTICES Meetings: Southern Montana Resource Advisory Committee, 29679 2020-10541 West Virginia Resource Advisory Committee, 29679-29680 2020-10508 General Services General Services Administration RULES Federal Acquisition Regulations: Applicability of Inflation Adjustments of Acquisition-Related Thresholds, 29666 C1-2020-07109 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health RULES Enforcement Discretion Regarding COVID-19 Community-Based Testing Sites During the COVID-19 Nationwide Public Health Emergency, 29637-29638 2020-09099 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 29727-29728 2020-10526 Health Resources Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program: List of Petitions Received, 29724-29727 2020-10634 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Improving Customer Experience, 29733-29736 2020-10546 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: FHA-Insured Mortgage Loan Servicing of Payments, Prepayments, Terminations, Assumptions, and Transfers, 29738-29739 2020-10612 Multifamily Rental Project Closing Documents, 29736-29738 2020-10516 Rental Assistance Demonstration; Supporting Contracts and Processing Requirements, 29739-29740 2020-10521 Industry Industry and Security Bureau RULES Temporary General License: Extension of Validity, 29610-29611 2020-10614 International Trade Adm International Trade Administration RULES Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19, 29615 2020-10238 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Calcium Hypochlorite From China, 29740-29741 2020-10537 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office for Victims of Crime Tribal Financial Management Center Needs Assessment and Evaluation, 29743-29744 2020-10543 Report of Theft or Loss of Controlled Substance, 29744-29745 2020-10544 The National Forensic Laboratory Information System Collection of Analysis Data, 29743 2020-10545 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Benefit Appeals Report, 29749 2020-10560 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29749-29751 2020-10561 Library Library of Congress See Copyright Royalty Board Mine Mine Safety and Health Administration NOTICES Petitions for Modification of Application of Existing Mandatory Safety Standards, 29751-29753 2020-10559 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations:

Applicability of Inflation Adjustments of Acquisition-Related Thresholds, 29666 C1-2020-07109 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 29754 2020-10729 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 29754-29755 2020-10610 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institute of Standards and Technology NOTICES Meetings:

National Construction Safety Team Advisory Committee, 29685-29686 2020-10538 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 29731-29732 2020-10501 National Cancer Institute, 29728-29729 2020-10495 National Center for Complementary and Integrative Health, 29728 2020-10494 National Heart, Lung, and Blood Institute, 29728-29730, 29732 2020-10496 2020-10497 2020-10498 2020-10499 National Institute of Mental Health, 29729-29731 2020-10502 2020-10503 2020-10504 National Institute on Alcohol Abuse and Alcoholism, 29730-29731 2020-10500 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Gulf of Alaska; Final 2020 and 2021 Harvest Specifications for Groundfish; Correction, 29670-29672 2020-09084 International Fisheries: Pacific Tuna Fisheries; Fishing Restrictions for Silky Shark, Fish Aggregating Devices, and Observer Safety in the Eastern Pacific Ocean, 29666-29670 2020-10407 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption: Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation, LLC; Perry Nuclear Power Plant, Unit No. 1, 29756-29759 2020-10527 Inspections, Tests, Analyses, and Acceptance Criteria:

Southern Nuclear Operating Co., Inc. Vogtle Electric Generating Plant, Units 3 and 4 Inspections, Tests, Analyses, and Acceptance Criteria, 29755-29756 2020-10584 Meetings; Sunshine Act, 29756 2020-10743 Patent Patent and Trademark Office NOTICES COVID-19 Prioritized Examination Pilot Program, 29686 C1-2020-10372 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2020; Delegation of Functions and Authorities (Memorandum of May 12, 2020), 29591 2020-10749 Rural Business Rural Business-Cooperative Service RULES Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 29593-29596 2020-08078 Rural Utilities Rural Utilities Service RULES Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program, 29593-29596 2020-08078 NOTICES Request for Applications:

Requirements for Section 313A Guarantees for Bonds and Notes Issued for Utility Infrastructure Loans for Fiscal Year 2020, 29680-29683 2020-10507 Securities Securities and Exchange Commission RULES Updated Disclosure Requirements and Summary Prospectus for Variable Annuity and Variable Life Insurance Contracts, 29614 C2-2020-05526 NOTICES Meetings; Sunshine Act, 29773 2020-10714 Self-Regulatory Organizations; Proposed Rule Changes: MIAX PEARL, LLC, 29759-29766 2020-10519 Nasdaq BX, Inc., 29766-29770 2020-10518 Nasdaq PHLX, LLC, 29770-29773 2020-10517 Small Business Small Business Administration NOTICES Major Disaster Declaration:

Mississippi, 29775 2020-10524 Mississippi; Public Assistance Only, 29774 2020-10520 North Carolina, 29774-29775 2020-10523 Tennessee, 29774 2020-10525 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evacuee Manifest and Promissory Note, 29775-29776 2020-10585 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 29776 2020-10605 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Customs U.S.

Customs and Border Protection NOTICES Revocation of Customs Brokers' Licenses; Correction, 29732-29733 2020-10395 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Cemetery Data Sheet and Cemetery Grant Documents, 29787-29788 2020-10510 Meetings: Advisory Committee on the Readjustment of Veterans, 29788 2020-10591 National Research Advisory Council, 29788 2020-10522 Separate Parts In This Issue Part II Agriculture Department, Animal and Plant Health Inspection Service, 29790-29838 2020-10638 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. 85 96 Monday, May 18, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Rural Utilities Service [Docket Number: RBS-20-BUSINESS-0015] 7 CFR Parts 4279 and 4287 RIN 0570-AA73 Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program AGENCY:

Rural Business-Cooperative Service and Rural Utilities Service, USDA. ACTION: Final rule. SUMMARY: The Rural Business-Cooperative Service (Agency), a Rural Development agency of the United States Department of Agriculture (USDA), hereinafter referred to as (the Agency), is issuing a final rule for the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program (the Program) or (the 9003 Program), formerly the Biorefinery Assistance Program. This final rule incorporates the statutory definition changes as required in the Agricultural Act of 2018 (2018 Farm Bill) and, with one exception, adopts the interim rule published on June 24, 2015 in the **Federal Register** .

This rule also addresses public comments received by the Agency regarding Program changes as published in the Interim final rule on June 24, 2015 in the **Federal Register** . DATES: Effective May 18, 2020. FOR FURTHER INFORMATION CONTACT: Aaron Morris, Rural Business-Cooperative Service, U.S. Department of Agriculture, 1400 Independence Avenue SW, Stop 3225, Washington, DC 20250-3201; telephone

(202)720-1501. SUPPLEMENTARY INFORMATION: I. Background The Food, Conservation, and Energy Act of 2008 (Pub. L. 110-246), otherwise known as the 2008 Farm Bill, established the Biorefinery Assistance Program (9003 Program) under Title IX, Section 9003, for making loan guarantees to fund the development, construction, and Retrofitting of commercial-scale biorefineries using Eligible technology. The 2008 Farm Bill defined Eligible technologies as: technology that is being adopted in a viable Commercial-scale operation of a Biorefinery that produces an Advanced biofuel; and technology that has been demonstrated to have technical and economic potential for commercial application in a Biorefinery that produces an Advanced biofuel. The 9003 Program's authority was continued in the Agricultural Act of 2014 (2014 Farm Bill) (Pub. L. 113-79), with several specific changes:

(1)Renames the Program as the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program;

(2)revises the purpose statement for the Program to include Renewable chemicals and Biobased product manufacturing;

(3)expands the Program to include Biobased product manufacturing facilities;

(4)adds definitions for “Renewable Chemicals” and “Biobased Product Manufacturing;” and

(5)Ensures diversity in the types of Projects approved. Once again, under the Agricultural Act of 2018 (2018 Farm Bill) (Pub. L. 115-334), signed into law on December 20, 2018, the 9003 Program was reauthorized under Title IX and the 2018 Farm Bill also amended the definition of the terms `biorefinery' and `eligible technology' for the Program. Eligible applicants for this Program include: Individuals; entities; Indian Tribes; units of State or Local Government; corporations; Farm cooperatives; Farmer cooperative organizations; Associations of Agricultural Producers; national laboratories; Institutions of higher education; rural electric cooperatives; public power entities; and consortia of any of the foregoing entities. II. Summary of Comments and Responses As noted earlier, the Agency invited comments on the interim final rule published on June 24, 2015 in the **Federal Register** (80 FR 36410) on or before August 24, 2015. The Agency received three

(3)comments which are summarized as follows: *Issue 1:* Two organizations expressed support for the Program as published on June 24, 2015 in the **Federal Register** . *Agency Response:* The Agency appreciates the two organizations that responded in support of the Interim final rule which implements the expansion of the Program to include facilities producing primarily renewable chemicals and biobased products and the potential to developing the renewable economy. *Issue 2:* One organization wrote that several of these small innovative industrial biotechnology companies are not able to meet the interim final rule deadlines, which include demonstrating 120 days of continuous pilot operation, and cannot obtain an appropriate letter of intent from a lender for their projects within the time constraints set forth in the rule. The commenter strongly recommended that the USDA final rule extend these deadlines, so as to facilitate participation by a broader and more diverse array of innovative industrial biotechnology companies which include pre-revenue and emerging companies. *Agency Response:* The Agency believes that evidence of 120 days of steady, continuous production is required to provide the necessary data to make a sound credit decision as well as make a reasoned determination about the project's ability to scale up their production to a commercial scale. Phase 1 applications are accepted year-round and competed on October 1 and April 1 of each fiscal year. Evidence of 120 days of continuous steady state production from an integrated demonstration unit is a Phase 2 application requirement and does not necessarily need to be complete prior to the Phase 1 application deadline. Applicants are encouraged to submit a Letter of Intent prior to submitting a full Phase 1 application. The Letter of Intent is due 30 days prior to the Phase 1 application deadline. The Program is a loan guarantee program and therefore an applicant is required to have a lender in order to submit a complete application, but a Letter of Intent may be submitted without a lender in place. III. Purpose of the Regulatory Action This final rulemaking adopts almost all of the changes to 7 CFR part 4279, subpart C, and 7 CFR part 4287, subpart D, as published in the interim final rule on June 24, 2015 in the **Federal Register** which implemented the provisions contained in the 2014 Farm Bill, modified the Program to incorporate administrative improvements based on Agency experience in implementing the Program, and incorporated the applicable guaranteed loan provisions of the Agency's Business and Industry (B&I) Guaranteed Loan program to make the rule a “stand-alone” rule. This final rulemaking also incorporates the statutory definition changes as required in the Agricultural Act of 2018 (2018 Farm Bill) as well as an additional credit-driven requirement believed necessary by the Agency for projects incorporating technology that does not have a history of successful utilization in a commercial-scale operation. IV. Summary of Changes The changes to the 9003 Program regulation that are now being made are based on new statutory requirements in the 2018 Farm Bill and one non-statutory credit-driven need for the Program. The 2018 Farm Bill amended the definition for the terms `biorefinery' and `eligible technology' for the 9003 Program. The 2018 Farm Bill defines a biorefinery as a facility including equipment and processes that converts Renewable biomass or an intermediate ingredient or feedstock of Renewable biomass into any one or more, or a combination of Biofuels, Renewable chemicals, or Biobased products and may produce electricity. The 2018 Farm Bill defines “Eligible Technology” as:

(1)A technology that is being adopted in a viable Commercial-scale operation of a Biorefinery that produces any one or more, or a combination, of an Advanced biofuel; a Renewable chemical; or a Biobased product; and

(2)a technology not described in item

(1)that has been demonstrated to have technical and economic potential for commercial application in a biorefinery that produces any one or more, or a combination, of an Advanced biofuel, a Renewable chemical or a Biobased product. The non-statutory change to the 9003 Program is a shift in timing for the requirement of the applicant to demonstrate 120 days of continuous, steady production from an integrated demonstration unit. Such demonstration which was previously required prior to loan closing will now be required prior to the issuance of a Conditional Commitment, Form RD 4279-3, which is the Agency's notice to the Lender that the loan guarantee it has requested is approved subject to the completion of all conditions and requirements set forth by the Agency and outlined in the attachment to the Conditional Commitment (see 7 CFR 4279.202) Specifically, the change will require the borrower to provide evidence to the Lender and Agency of 120 days of continuous, steady state production from an integrated demonstration unit prior to the issuance of a Conditional Commitment instead of prior to loan closing. The Agency believes this change will decrease the time between the issuance of a Conditional Commitment and loan closing and lessen the credit risk to the Government. V. Executive Orders/Acts Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. 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 12372 Intergovernmental Review of Federal Programs This Program is not subject to the provisions of E.O. 12372, which require intergovernmental consultation with State and local officials. Executive Order 12988, Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this rule meets the applicable standards provided in section 3 of the Executive order. In addition, all State and local laws and regulations that are in conflict with this rule will be preempted, no retroactive 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. 912(e)), administrative appeal procedures, if any, must be exhausted before an action against the Department or its agencies may be initiated. Unfunded Mandates Reform Act This final rule contains no Federal mandates (under the regulatory provision 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. Executive Order 13132 Federalism It has been determined, under E.O. 13132, Federalism, that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in the rule will not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various government levels. Regulatory Flexibility Act 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.* ). The Regulatory Flexibility Act (5 U.S.C. 601-612)

(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will not have an economically significant impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. Under section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Agency certifies that this rule will not have a significant economic impact on a substantial number of small entities. This final rule affects entities that utilize the 9003 Program and any prospective entities that may that may utilize the Program in the future. National Environmental Policy Act Certification The Agency Administrator 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. Catalog of Federal Domestic Assistance The 9003 Program is listed in the Catalog of Federal Domestic Assistance

(CFDA)under Number 10.865. This will be updated with the Program's new name, as changed by the 2014 Farm Bill, the “Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program.” All active CFDA programs and the CFDA Catalog can be found at the following website: *https://beta.sam.gov/* . The 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 *https://bookstore.gpo.gov* . Information Collection and Recordkeeping Requirements This rule contains no new reporting or recordkeeping burdens under OMB control number 0570-0065 that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Civil Rights Impact Analysis Rural Development has reviewed this rule in accordance with USDA Regulation 4300-4, 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 review and analysis of the rule and available data, it has been determined that based on the analysis of the program purpose, application submission and eligibility criteria, issuance of this final rule will not likely neither adversely nor disproportionately impact very low, low and moderate-income populations, minority populations, women, Indian tribes or persons with disability, by virtue of their race, color, national origin, sex, age, disability, or marital or familiar status. 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 *https://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. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This final rule will not have any adverse impact on energy supply, distribution or use. A regulatory impact analysis was conducted for the interim final rule (80 FR 36410) which met the requirements for E.O. 13211, which states that an agency undertaking regulatory actions related to energy supply, distribution, or use is to prepare a Statement of Energy Effects. The finding in the analysis for the interim final rule was that the rule would not have any adverse impacts on energy supply, distribution, or use. Executive Order 12372, Intergovernmental Review of Federal Programs This Program is not subject to the provisions of E.O. 12372, which require intergovernmental consultation with State and local officials. Executive Order 13175, Consultation and Coordination With Indian Tribes This E.O. imposes requirements on Rural Development in the development of regulatory policies that have tribal implications or preempt tribal laws. Rural Development has determined that this rule does not have a substantial direct effect on one or more Indian Tribe(s) or on either the relationship or the distribution of powers and responsibilities between the Federal Government and the Indian Tribes. Thus, this rule is not subject to the requirements of E.O. 13175. E-Government Act Compliance Rural Development is committed to complying with the E-Government Act, 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 for 7 CFR Parts 4279 and 4287 Direct loan programs, Economic development, Energy, Energy efficiency improvements, Grant programs, Guaranteed loan programs, Loan programs—Business and industry, Loan programs—Rural development assistance, Renewable energy systems, Rural areas. Accordingly, the interim rule amending 7 CFR parts 4279 and 4287 which was published at 80 FR 36410 on June 24, 2015, is adopted as final with the following changes: PART 4279—GUARANTEED LOANMAKING 1. The authority citation for part 4279 continues to read as follows: Authority: 5 U.S.C. 301; and 7 U.S.C. 1989. Subpart C—Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Loans 2. Amend § 4279.202 by revising the definitions of “Biorefinery” and “Eligible technology” to read as follows: § 4279.202 Definitions and abbreviations. *Biorefinery.* A facility (including equipment and processes) that converts Renewable biomass or an intermediate ingredient or feedstock of Renewable biomass into any one or more, or a combination, of Biofuels, Renewable chemicals or Biobased products, and may produce electricity. *Eligible technology.* The term “Eligible technology” means, as determined by the Secretary:

(2)A technology not described in paragraph

(1)of this definition that has been demonstrated to have technical and economic potential for commercial application in a Biorefinery that produces any one or more, or a combination, of an Advanced biofuel, a Renewable chemical or a Biobased product. 3. Amend § 4279.265 by revising paragraph (b)(2) to read as follows: § 4279.265 Guarantee application processing.

(b)* * *

(2)The Agency's determination of a Project's technical feasibility will be based on the technical report. In addition, prior to the issuance of the Conditional Commitment for a Project utilizing technology that does not have a history of successful utilization in a Commercial-scale operation of a Biorefinery that produces an Advanced biofuel, Renewable chemical, or Biobased product, evidence demonstrating 120 days of continuous, steady state production from an integrated demonstration unit must be provided by the Borrower to the Lender and the Agency for review and determination of technical feasibility. Authoritative demonstration campaign results must be provided in 30-day intervals. The integrated demonstration unit must prove out the Project's ability to utilize Project-relevant biomass and produce Advanced biofuel at a yield and quality consistent with the design basis of the Project. The Borrower must provide to the Agency, for review and approval, sufficient information on the integrated campaign design so as to ensure operation duration, quality, and quantity specifications are met and incorporated into the final design criteria for the commercial facility. Bette B. Brand, Deputy Under Secretary, Rural Development. [FR Doc. 2020-08078 Filed 5-15-20; 8:45 am]

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