Unknown. Final rule; confirmation
3,244 words·~15 min read·
/register/2021/10/04/2021-21504A 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-2021-10-04.xml --- 86 189 Monday, October 4, 2021 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Meetings: Fruit and Vegetable Industry Advisory Committee, 54673 2021-21526 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54673-54674 2021-21479 Army Army Department RULES Manufacture, Sale, Wear, and Quality Control of Heraldic Items, 54615-54620 2021-21121 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Consumer Credit Card Market Report of the Bureau of Consumer Financial Protection, 2021, 54681-54684 2021-21567 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 54693-54695 2021-21524 Civil Rights Civil Rights Commission NOTICES Meetings: North Carolina Advisory Committee, 54676-54677 2021-21453 South Dakota Advisory Committee, 54677 2021-21532 Tennessee Advisory Committee, 54676 2021-21456 Coast Guard Coast Guard RULES Safety Zones: CBWTP Outfall Diffuser Improvements, Columbia River, Portland, OR, 54622-54624 2021-21552 Special Local Regulations: Ohio River, Louisville, KY, 54620-54622 2021-21550 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Community Development Community Development Financial Institutions Fund NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 54787-54789 2021-21433 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Appraisal Management Companies, 54789-54790 2021-21556 Defense Department Defense Department See Army Department Education Department Education Department PROPOSED RULES Negotiated Rulemaking Committee: Public Hearings, 54666-54667 2021-21505 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Evaluation of Promise Neighborhoods, 54684-54685 2021-21499 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 54685 2021-21691 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Maricopa County Air Quality Department, 54628-54630 2021-21213 Illinois; National Ambient Air Quality Standards Updates;
Reference and Equivalent Methods Updates, 54626-54628 2021-21188 Ohio; Infrastructure State Implementation Plan Requirements for the 2015 Ozone National Ambient Air Quality Standards; Correction, 54624-54626 2021-21016 NOTICES Adequacy Status of Motor Vehicle Emissions Budgets in Submitted 8-Hour Ozone Attainment Plan for San Diego, CA, 54692-54693 2021-21557 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Emission Standards for Hazardous Air Pollutants for Radionuclides and Radon Emissions from Operating Mill Tailings, 54691-54692 2021-21533 Meetings:
Clean Air Act Advisory Committee, 54690-54691 2021-21478 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 54693 2021-21671 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Amendment of J-107, J-515, and V-181; Establishment of T-407; and Revocation of the Humboldt, MN, Domestic Low Altitude Reporting Point; Northcentral United States, 54600-54602 2021-21475 Chester, SC, Lancaster, SC, Waxhaw, NC, and Lincolnton, NC, 54602-54604 2021-21494 Incorporation by Reference Amendments, 54590-54600 2021-21351 Special Conditions:
Boeing Commercial Airplanes Model 777-9 Airplane; Operation without Normal Electrical Power, 54588-54590 2021-21540 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 54606-54610 2021-21470 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 54604-54606 2021-21469 PROPOSED RULES Airworthiness Directives: Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes, 54663-54666 2021-21480 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Automated Vacancy Information Access Tool for Online Referral Customer Satisfaction Survey, 54784-54785 2021-21476 Submission Deadline for Schedule Information: Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Summer 2022 Scheduling Season, 54782-54784 2021-21675 Federal Emergency Federal Emergency Management Agency NOTICES Meetings:
Technical Mapping Advisory Council, 54706-54707 2021-21515 Federal Energy Federal Energy Regulatory Commission RULES OMB Control Numbers for Commission Information Collection Requirements, 54610-54611 2021-21153 NOTICES Combined Filings, 54686-54687 2021-21520 2021-21522 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: EnerSmart El Cajon BESS, LLC, 54686 2021-21528 License Application: Erie Boulevard Hydropower, LP, 54687-54689 2021-21541 Permit Application:
Erie Boulevard Hydropower, LP, 54689-54690 2021-21545 Request for Temporary Waiver: Fundare Resources Operating Co., LLC, 54685-54686 2021-21525 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: Interstate 495 Express Lanes Northern Extension Project in Fairfax County, VA, 54785 2021-21309 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 54785-54786 2021-21450 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 54693 2021-21547 Fish Fish and Wildlife Service RULES Regulations Governing Take of Migratory Birds; Revocation of Provisions, 54642-54656 2021-21473 PROPOSED RULES Migratory Bird Permits: Authorizing the Incidental Take of Migratory Birds, 54667-54672 2021-21474 General Services General Services Administration RULES Federal Travel Regulation: Removal and Reservation of Telework Travel Expenses Test Programs and Suggested Guidance for Conference Planning, 54630-54631 2021-21391 Government Printing Government Publishing Office NOTICES Meetings:
Depository Library Council, 54693 2021-21554 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health RULES Medicare Program: Fiscal Year 2022 Inpatient Psychiatric Facilities Prospective Payment System and Quality Reporting Updates for Fiscal Year Beginning October 1, 2021; Correction, 54631-54636 2021-21546 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54695-54696, 54699-54700 2021-21558 2021-21560 2021-21561 Declaration under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19:
Correction, 54696-54698 2021-21652 Meetings: Advisory Council on Alzheimer's Research, Care, and Services, 54698-54699 2021-21461 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Certain Operating Cost Adjustment Factors for 2022, 54707-54709 2021-21511 Indian Affairs Indian Affairs Bureau NOTICES Indian Child Welfare Act: Designated Tribal Agents for Service of Notice, 54709-54727 2021-21464 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Income Tax Return Forms for Individual Taxpayers, 54790-54799 2021-21455 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Advance Notification of Sunset Review, 54678-54679 2021-21537 Certain Cold-Rolled Steel Flat Products from the People's Republic of China and the Republic of Korea, 54677-54678 2021-21563 Justice Department Justice Department See National Institute of Corrections Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau RULES Minerals Management:
Adjustment of Cost Recovery Fees, 54636-54641 2021-21514 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications from Students for Agency Initiatives Poetry Out Loud or the Musical Theater Songwriting Challenge for High School Students, 54735-54736 2021-21518 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Institute Corrections National Institute of Corrections NOTICES Charter Renewal:
Federal Advisory Committee; Re-establishment, 54734-54735 2021-21501 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 54702-54704 2021-21459 2021-21521 National Heart, Lung, and Blood Institute, 54705 2021-21519 National Human Genome Research Institute, 54704 2021-21523 National Institute of Allergy and Infectious Diseases, 54700-54702, 54704, 54706 2021-21529 2021-21530 2021-21534 2021-21535 2021-21536 2021-21538 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 54701-54702, 54705 2021-21468 2021-21513 National Institute of Diabetes and Digestive and Kidney Diseases, 54704 2021-21466 National Institute on Aging, 54705 2021-21467 National Institute on Drug Abuse, 54700-54701 2021-21531 North Carolina Advisory Committee, 54705 2021-21454 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:
Adjustments to 2021 Northern Albacore Tuna, North and South Atlantic Swordfish, and Atlantic Bluefin Tuna Reserve Category Quotas, 54659-54662 2021-21508 Reef Fish Fishery of the Gulf of Mexico: 2021 Commercial and Recreational Accountability Measure and Closures for Gulf of Mexico Lane Snapper, 54657 2021-21527 Revised Reporting Requirements Due to Catastrophic Conditions for Federal Seafood Dealers, Individual Fishing Quota Dealers, and Charter Vessels and Headboats in Portions of Louisiana, 54657-54659 2021-21544 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Seafood Inspection and Certification Requirements, 54680 2021-21503 Meetings: Advisory Committee to the U.S. Section of the International Commission for the Conservation of Atlantic Tunas, 54679-54680 2021-21463 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inquiry Form to Facilitate Determining Appropriate Type of Proposal for a Prospective Project Submission, 54736-54737 2021-21497 Meetings:
Committee on Equal Opportunities in Science and Engineering, 54737-54738 2021-21498 Proposal Review Panel for Physics, 54736 2021-21543 National Transportation National Transportation Safety Board RULES Internal Personnel Rules and Practices, 54641-54642 2021-21517 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 54738 2021-21632 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Incorporation by Reference: Corrections, 54611-54615 2021-20099 Ocean Energy Management Ocean Energy Management Bureau NOTICES Oil and Gas Lease Sale:
Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 257, 54728-54734 2021-21682 Patent Patent and Trademark Office NOTICES Grant of Interim Extension of the Term of U.S. Patent No. 6,406,699; ECI (ELIAS Cancer Immunotherapy), 54681 2021-21471 Grant of Interim Extension of the Term of U.S. Patent No. 7,199,162; GRAFAPEX (dihydroxybusulfan), 54680-54681 2021-21472 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Joint Meeting of the Gas and Liquid Pipeline Advisory Committees, 54786-54787 2021-21477 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 54738-54739 2021-21510 Rural Business Rural Business-Cooperative Service RULES Rural Microentrepreneur Assistance Program, 54587-54588 2021-21504 Rural Utilities Rural Utilities Service NOTICES Environmental Impact Statements;
Availability, etc.: Next Era Energy, LLC; Meeting, 54674-54676 2021-21506 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 54780 2021-21486 Cboe BYX Exchange, Inc., 54777-54780 2021-21484 Cboe BZX Exchange, Inc., 54772-54777 2021-21482 2021-21483 2021-21485 Cboe Exchange, Inc., 54780 2021-21488 Miami International Securities Exchange, LLC, 54750-54760 2021-21491 MIAX Emerald, LLC, 54760-54770 2021-21492 MIAX PEARL, LLC, 54739-54749 2021-21490 Nasdaq BX, Inc., 54770-54772 2021-21481 Nasdaq PHLX, LLC, 54749-54750 2021-21487 New York Stock Exchange, LLC;
NYSE American, LLC; NYSE Arca, Inc.; NYSE Chicago, Inc.; and NYSE National, Inc., 54770 2021-21489 Small Business Small Business Administration NOTICES Disaster Declaration: West Virginia, 54780-54781 2021-21555 Interest Rates, 54781 2021-21465 Major Disaster Declaration: North Dakota, 54781 2021-21553 State Department State Department NOTICES Privacy Act; Systems of Records, 54781-54782 2021-21551 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Request for Determination of Reasonable Value, 54799 2021-21507 Meetings: Advisory Committee on Cemeteries and Memorials, 54799-54800 2021-21462 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. 86 189 Monday, October 4, 2021 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service 7 CFR Part 4280 [Docket Number:
RBS-20-BUSINESS-0044] RIN 0570-AB02 Rural Microentrepreneur Assistance Program AGENCY: Rural Business-Cooperative Service, Department of Agriculture (USDA). ACTION: Final rule; confirmation. SUMMARY: The Rural Business-Cooperative Service, a Rural Development agency of USDA, hereinafter referred to as “RBCS” or “the Agency,” published in the **Federal Register** on May 14, 2021, a final rule with request for comments. This document presents the opportunity for the Agency to provide its responses to the public comments received on the final rule and to confirm the final rule as published.
DATES: October 4, 2021. FOR FURTHER INFORMATION CONTACT: David Chestnut, Program Management Division, U.S. Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250-3201; telephone:
(202)692-5233; email: *david.chestnut@usda.gov.* SUPPLEMENTARY INFORMATION: RBCS published a final rule with request for comments in the **Federal Register** on May 14, 2021, at 86 FR 26348. The final rule modified the interim rule with comment published in the **Federal Register** on May 28, 2010 (75 FR 30114), as amended by the correcting amendments published in the **Federal Register** on July 19, 2010 (75 FR 41695), and incorporated amendments to the Consolidated Farm and Rural Development Act (ConAct) made by the Agriculture Improvement Act of 2018 (2018 Farm Bill). The Agency implemented other changes to make the Rural Microentrepreneur Assistance Program
(RMAP)run more efficiently, be more user-friendly and be more consistent with other RBCS programs. Within the preamble to the final rule, the Agency addressed each of the 29 public comments that were received on the interim rule. RBCS carefully reviewed each of the comments and modified the regulation based on analysis of the responsive comments received as well as program delivery experience. The final rule allowed the Agency to:
(a)Implement changes required by the 2018 Farm Bill,
(b)address comments received after publication of the interim rule, and
(c)implement the final regulation. Due to the length of time that transpired between the publication of the interim rule and the final rule, the Agency invited comments from the public on the provisions outlined in the final rule. The comment period on the final rule closed July 13, 2021. Comments were received from four respondents. The comments provided and Agency responses are as follows: *Comment:* “All the mandatory grants should be funded at the authorized 25 percent of the loan balances. We support this change. It can be difficult for financial intermediaries to secure adequate funding for technical assistance programs. This is a concern for any potential MDO that may consider utilizing the RMAP program for the first time. The adjustment recorded here will help minimize a clear disincentive by making it easier for a new entrant to manage necessary costs.” *Agency Response:* The Agency agrees and the regulation at § 4280.313(a) was modified to allow for microlenders to receive up to 25 percent of their new loan amount as a technical assistance grant. Previously, this was limited to 25 percent of the first $400,000, then 5 percent of any amount above $400,000. The 2018 Farm Bill amended Section 379E of the Consolidated Farm and Rural Development Act (Contact) to require that annual grant amounts to Microenterprise Development Organizations
(MDOs)be in an amount equal to not less than 20 percent and not more than 25 percent of the total outstanding balance of microloans made by MDOs. The Agency clarified the annual grant process at § 4280.313(a)(1) to enact this change. The previous regulation did not have a minimum threshold percentage for the replenishment of an MDO's technical assistance funds. *Comment:* “USDA should relinquish its first lien position on all funds in the Rural Microentrepreneur revolving fund except those derived from the Rural Microenterprise loan itself. We recommend that USDA implement a process by which MDOs can request a drawdown of accumulated interest earnings within the Rural Microentrepreneur Revolving Fund (RMRF). The collateral provided to USDA by the cash in the RMRF, the loans outstanding, and the cash in the Loan Loss Reserve Fund (LLRF), should be adequate to protect USDA from losses. MDOs typically use the interest earnings from microloans to help cover costs of operating programs. Because USDA maintains a first lien position on all assets in the RMRF and does not provide a process by which MDOs can request a drawdown of accumulated earnings, MDOs are unable to use earnings from RMAP loans to help cover operating costs. This may dissuade some MDOs from utilizing the RMAP program, and we have heard at least one MDO identify this as the reason they left the program.” *Agency Response:* The Agency disagrees with the release of its lien position in the revolving loan funds. The accounts serve as collateral for the Agency loan to the MDO, which is a debt obligation of the MDO and protects the Agency in cases of default by the MDO. The Agency disagrees with the commenter that MDOs are unable to use earnings from RMAP loans to help cover costs of operating programs. MDOs may use interest and fee earnings to make principal and interest payments to the Agency loan and to help cover operating costs in accordance with their annual operating budget. In addition, the Agency does permit the use of up to 10 percent of their technical assistance grant funds for administrative expenses from which they can operate their RMAP and other programs. *Comment:* “The current methodology of calculating the annual MDO grant based on the amount of outstanding loan balances is inadequate. We recommend an adjustment to the methodology used to calculate the annual technical assistance grants to MDOs. At current, USDA calculates the technical assistance grant for the following fiscal year on June 30 of the prior fiscal year. USDA then subtracts the unspent balance from the prior year award from the new award. USDA is making this calculation 9 months into a 12-month grant contract. An MDO seeking to use their technical assistance award to support staff to provide continuous technical assistance to clients over a 12-month period receives a penalty for having 3 months of funds remaining when there are 3 months remaining in the contract. We recommend that USDA instead calculate the grant based on the loans outstanding on June 30 without regard for funds remaining in the prior year grant. USDA already requires grant spending to take place within the 12-month contract period, so there is no need to calculate the remaining balance at the end of 9 months from the grant for the following year.” *Agency Response:* The Agency has a consistent process for the calculation of an MDO annual grant with its annual June 30 calculation date. An MDO can use their grant funds in each month of the year, thus the 9-month comment for use of the funds is not relevant. The annual grant award calculation must include the amount of any unused/remaining technical assistance funds from prior years to ensure that the total amount of awarded and available grant funds to an MDO does not exceed the 25 percent maximum amount. *Comment:* “§ 4280.313(a)(1). We support this change. Technical assistance needs are ongoing. According to the Aspen Institute, the business owners who participate in technical assistance and training have higher rates of business survival, revenue growth, and employment growth than those who do not. Of the new business owners who receive technical assistance, 84 percent will still be operating their business five years later. The median revenue of these businesses will grow by 60 percent. Our ability to make ongoing technical assistance available can be the difference between business failure and success.” *Agency Response:* Thank you for the comment. *Comment:* “Rural Microentrepreneur Assistance Program—Seeking clarification on eligibility of microbusiness as it relates to location. Rural areas are growing and microbusinesses are expanding. Please provide feedback on the following scenarios. 1. Owners of business live in a rural area and business in located in an urban area. 2. Business has a location in an urban area and is expanding to a rural area and owners live in an urban area. Is there language to clarify eligibility?” *Agency Response:* The eligible rural area determination is made by where the project is located and where the RMAP funds will be used. Businesses located in an urbanized area are not eligible to receive funding from this Rural Development program. A business located in an urbanized area that is expanding to a rural area may use RMAP funds only for the project and expenses in the rural area location. The location of the business owner has no impact on the project eligibility. The Agency did not receive any significant adverse comments during the public comment period on the final rule, and therefore confirms the rule without change. Karama Neal, Administrator, Rural Business-Cooperative Service. [FR Doc. 2021-21504 Filed 10-1-21; 8:45 am]
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