Unknown. Final rule; correction and correcting amendments
2,438 words·~11 min read·
/register/2022/02/09/2022-02710A 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-2022-02-09.xml --- 87 27 Wednesday, February 9, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7454-7456 2022-02734 Agriculture Agriculture Department See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Modernization of the Labeling and Advertising Regulations for Distilled Spirits and Malt Beverages, 7526-7622 2022-00841 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 7456-7457 2022-02647 2022-02648 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 7457-7458 2022-02738 Medicare and Medicaid Programs: Quarterly Listing of Program Issuances, October through December 2021, 7458-7471 2022-02677 Medicare Program: Request for an Exception to the Prohibition on Expansion of Facility Capacity under the Hospital Ownership and Rural Provider Exceptions to the Physician Self-Referral Prohibition, 7471-7473 2022-02739 Civil Rights Civil Rights Commission NOTICES Meetings: Florida Advisory Committee, 7422-7423 2022-02711 Maine Advisory Committee, 7422 2022-02709 Coast Guard Coast Guard RULES Safety Zones:
Potomac River, between Charles County, MD and King George County, VA, 7384-7387 2022-02797 Security Zones: Grounded Tug and Barge, Deerfield Beach, FL, 7382-7384 2022-02743 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7475-7477 2022-02740 2022-02741 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department NOTICES Charter Amendments, Establishments, Renewals and Terminations:
Department of Defense Federal Advisory Committees: U.S. Air Force Scientific Advisory Board, 7433 2022-02735 Education Department Education Department NOTICES Applications for New Awards: Educational Technology, Media, and Materials for Individuals with Disabilities Program, Educational Materials in Accessible Formats for Eligible Children and Students with Disabilities, 7433-7441 2022-02688 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:
Energy Conservation Standards Preliminary Analysis for Miscellaneous Refrigeration Products, 7396-7397 2022-02713 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Michigan; Base Year Emissions Inventory for the 2010 Sulfur Dioxide Standard, 7387-7388 2022-02676 Pesticide Tolerances: Fludioxonil, 7388-7393 2022-02560 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:
Alabama; Birmingham Limited Maintenance Plan for the 1997 8-Hour Ozone National Ambient Air Quality Standards, 7404-7410 2022-02683 Connecticut; Negative Declaration for the Oil and Gas Industry, 7410-7412 2022-02675 Meetings: Environmental Justice Considerations for the Development of the Proposed Per- and Polyfluoroalkyl Substances National Primary Drinking Water Regulation, 7412-7413 2022-02733 National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units, 7624-7673 2022-02343 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: NESHAP for Printing, Coating and Dyeing of Fabrics and Other Textiles (Renewal), 7448-7449 2022-02658 Meetings: Science Advisory Board 2021 Scientific and Technological Achievement Awards Panel, 7447-7448 2022-02706 Proposed CERCLA Settlement Agreement, Stipulation, Order, and Judgment, etc.: Pierson's Creek Superfund Site, City of Newark, Essex County, NJ, 7449 2022-02679 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:
Bell Textron Inc. (Type Certificate Previously Held by Bell Helicopter Textron Inc.) Helicopters; Correction, 7368-7369 2022-02131 PROPOSED RULES Airspace Designations and Reporting Points: Greenville, PA, 7400-7402 2022-02619 Airworthiness Directives: Airbus SAS Airplanes, 7397-7400 2022-02317 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fractional Aircraft Ownership Programs, 7522-7523 2022-02687 Meetings: Advanced Aviation Advisory Committee, 7522 2022-02725 Federal Communications Federal Communications Commission PROPOSED RULES The Emergency Alert System, 7413-7421 2022-00146 Federal Contract Federal Contract Compliance Programs Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Agreement Approval Process for Use of Functional Affirmative Action Programs, 7501-7502 2022-02652 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7449-7453 2022-02691 2022-02692 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 7453 2022-02836 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 7477-7490 2022-02728 2022-02729 2022-02730 2022-02731 2022-02732 Federal Energy Federal Energy Regulatory Commission NOTICES Application:
Pike Island Hydropower Corp., 7441-7442 2022-02702 Authorization for Continued Project Operation: Boyne USA, Inc., 7442 2022-02703 California Department of Water Resources and Los Angeles Department of Water and Power, 7442 2022-02699 Green Mountain Power Corp., 7441 2022-02704 Combined Filings, 7443-7444 2022-02697 2022-02698 Environmental Impact Statements; Availability, etc.: Columbia Gas Transmission, LLC; Virginia Electrification Project, 7444-7446 2022-02700 Request for Extension of Time:
Lake Charles LNG Co., LLC, Lake Charles LNG Export Co., LLC, Trunkline Gas Co., LLC, 7446-7447 2022-02701 Federal Maritime Federal Maritime Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Negotiated Rate Arrangements; Correction, 7453-7454 2022-02656 Agreement Filed, 7454 2022-02742 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Candidate Conservation Agreement with Assurances for the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and Dunes Sagebrush Lizard (Sceloporus arenicolus) in New Mexico, 7492-7493 2022-02878 Proposed Habitat Conservation Plan;
Receipt of an Application for an Incidental Take Permit, Headwaters II Wind Farm, Randolph County, IN, 7491-7492 2022-02649 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Drug User Fee Program, 7473-7474 2022-02689 Foreign Assets Foreign Assets Control Office RULES Civil Monetary Penalty Inflation Adjustment, 7369-7373 2022-02736 Ethiopia Sanctions, 7374-7382 2022-02722 NOTICES Sanctions Action, 7523 2022-02659 General Services General Services Administration RULES General Services Acquisition Regulations:
Contract Requirements for GSA Information Systems, 7393-7395 2022-02662 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Indian Affairs Indian Affairs Bureau NOTICES Tribal Liquor Control Ordinance:
San Pasqual Band of Mission Indians, 7493-7494 2022-02696 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 7423-7425 2022-02650 Certain Uncoated Paper from Australia, Brazil, the People's Republic of China, Indonesia, and Portugal, 7426-7428 2022-02686 Magnesium Metal from the People's Republic of China, 7428-7429 2022-02685 Scope Rulings, 7425-7426 2022-02651 International Trade Com International Trade Commission NOTICES Complaint:
Certain Electronic Exercise Systems, Stationary Bicycles and Components Thereof and Products Including Same, 7497-7498 2022-02646 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Apparatus and Methods of Opening Containers, 7499-7501 2022-02670 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Korea, Mexico, and Turkey, 7498 2022-02669 Narrow Woven Ribbons with Woven Selvedge from China and Taiwan, 7498-7499 2022-02684 Labor Department Labor Department See Federal Contract Compliance Programs Office Land Land Management Bureau NOTICES Requests for Nominations:
Site-Specific Advisory Committees, 7494-7495 2022-02673 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Succession Planning, 7502-7503 2022-02672 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 7474-7475 2022-02660 2022-02661 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Appointment in the Commissioned Officer Corps, 7429-7430 2022-02674 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 7495-7496 2022-02678 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 7503 2022-02776 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 7503 2022-02909 Permit Application: Kairos Power, LLC, 7503-7507 2022-02671 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Madrid Protocol, 7430-7433 2022-02641 Personnel Personnel Management Office NOTICES Excepted Service, 7507-7517 2022-02642 2022-02643 2022-02644 2022-02645 Presidential Documents Presidential Documents PROCLAMATIONS Trade: Crystalline Silicon Photovoltaic Cells; Efforts To Facilitate Positive Adjustment to Competition of Imports to U.S., Whether Partially or Fully Assembled Into Other Products (Proc. 10339), 7357-7362 2022-02906 EXECUTIVE ORDERS Federal Construction Projects;
Labor Agreements (EO 14063), 7363-7366 2022-02869 ADMINISTRATIVE ORDERS Burma; Continuation of National Emergency (Notice of February 7, 2022), 7675-7677 2022-02934 Rural Business Rural Business-Cooperative Service RULES OneRD Guaranteed Loan Regulations; Corrections, 7367-7368 2022-02710 Rural Housing Service Rural Housing Service RULES OneRD Guaranteed Loan Regulations; Corrections, 7367-7368 2022-02710 Rural Utilities Rural Utilities Service RULES OneRD Guaranteed Loan Regulations;
Corrections, 7367-7368 2022-02710 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 7517 2022-02914 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 7518-7519 2022-02668 Cboe EDGX Exchange, Inc., 7518-7521 2022-02666 2022-02667 Long-Term Stock Exchange, Inc., 7521 2022-02665 NYSE Arca, Inc., 7517-7518 2022-02664 The Nasdaq Stock Market, LLC, 7521-7522 2022-02663 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Requirements for Permits and Permit Processing, 7496-7497 2022-02708 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 7522 2022-02695 Transportation Department Transportation Department See Federal Aviation Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Flight Deck Officer Program, 7490-7491 2022-02690 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department PROPOSED RULES Requesting Disinterment of an Eligible Decedent from a National Cemetery, 7402-7404 2022-02682 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Record Keeping at Flight Schools, 7523-7524 2022-02693 Separate Parts In This Issue Part II Treasury Department, Alcohol and Tobacco Tax and Trade Bureau, 7526-7622 2022-00841 Part III Environmental Protection Agency, 7624-7673 2022-02343 Part IV Presidential Documents, 7675-7677 2022-02934 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. 87 27 Wednesday, February 9, 2022 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service Rural Housing Service Rural Business-Cooperative Service 7 CFR Part 5001 [Docket No. RUS-19-Agency-0030] RIN 0572-AC56 OneRD Guaranteed Loan Regulation;
Corrections AGENCY: Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service, Department of Agriculture (USDA). ACTION: Final rule; correction and correcting amendments. SUMMARY: On December 10, 2021, Rural Development's Rural Business-Cooperative Service, Rural Housing Service, and Rural Utilities Service, agencies of the United States Department of Agriculture (USDA), published a final rule with comment for the oneRD Guarantee Loan Program (oneRD).
The final rule made necessary revisions to the policy and procedures that strengthened the oversight and management of the growing Community Facilities, Water and Waste Disposal, Business and Industry, and Rural Energy for America guarantee portfolios. The final rule had an omission of information in the preamble and contained errors in the amendatory language. This document corrects the final regulation. DATES: This rule is effective February 9, 2022. ADDRESSES: Address all comments concerning this correction to Lauren Cusick, Regulations Management Division, Rural Development Innovation Center, U.S.
Department of Agriculture, 1400 Independence Ave. SW, Stop 1522, Washington, DC 20250; telephone
(202)720-1414; email *lauren.cusick@usda.gov.* FOR FURTHER INFORMATION CONTACT: Lauren Cusick, Regulations Management Division, Rural Development Innovation Center, U.S. Department of Agriculture, 1400 Independence Ave. SW, Stop 1522, Washington, DC 20250; telephone
(202)720-1414; email *lauren.cusick@usda.gov.* SUPPLEMENTARY INFORMATION: Rural Development's Rural Business-Cooperative Service, Rural Housing Service, and Rural Utilities Service are issuing corrections to the final rule that published December 10, 2021, at 86 FR 70349 and to 7 CFR part 5001. List of Subjects in 7 CFR Part 5001 Business and industry, Community facility, Energy efficiency improvement, Loan programs, Renewable energy, Rural areas, Rural development, Water and waste disposal. In FR Doc. 2021-26160, appearing on page 70349 in the **Federal Register** of December 10, 2021, make the following correction: § 5001.452 [Corrected] 1. On page 70358, in the second column, Instruction 22 for § 5001.452, is corrected by removing the phrase “and adding paragraph (b)(i)(iii)(L)( *3* )”. For the reasons discussed in the preamble, 7 CFR part 5001 is corrected by making the following correcting amendments: PART 5001—GUARANTEED LOANS 1. The authority citation for part 5001 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1926(a); 7 U.S.C. 1932(a); and 7 U.S.C. 8107. 2. Amend § 5001.141 by revising paragraph (a)(2) to read as follows: § 5001.141 New markets tax credits.
(a)* * *
(2)The provisions of § 5001.127(f) notwithstanding, a lender that is a CDE or sub-CDE may have an ownership interest in the borrower provided that each condition specified in paragraphs (a)(2)(i) through
(iii)of this section is met.
(i)The lender does not have an ownership interest in the borrower prior to the application.
(ii)The lender does not take a controlling interest in the borrower.
(iii)The lender does not provide equity or take an ownership interest in a borrower at a level that would result in the lender owning 20 percent or more interest in the borrower. 3. Amend § 5001.202 by revising paragraph (b)(5) to read as follows: § 5001.202 Lender's credit evaluation.
(b)* * *
(5)*Conditions.* This paragraph (b)(5) refers to the general business environment, including the regulatory environment affecting the business or industry, and status of the Borrower's industry. Consideration will be given to items listed in paragraphs (b)(5)(i) through
(ix)of this section and when applicable the lender should submit supporting documentation ( *e.g.,* feasibility study, market study, preliminary architectural or engineering reports, etc.) in accordance with §§ 5001.304 through 5001.307:
(i)Availability and depth of resource/feedstock market, strength and duration of purchase agreements and availability of substitutes;
(ii)Analysis of current and future market potential and off-take agreements, competition, type of project (service, product, or commodity based);
(iii)Energy infrastructure, availability and dependability, transportation and other infrastructure, and environmental considerations;
(iv)Technical feasibility including demonstrated performance of the technology and integrated processing equipment and systems, developer system performance guarantees, or technology insurance;
(v)Complexity of construction and completion, terms of construction contracts, experience and financial strength of the construction contractor or engineering, procurement, and construction
(EPC)contractor;
(vi)Contracts and intellectual property rights, licenses, permits, and state and local regulations;
(vii)Creditworthiness of any counterparties, as applicable;
(viii)Industry-related public policy issues; and
(ix)Other criteria that the lender or Agency deems relevant to the project. 4. Amend § 5001.204 by revising paragraph
(b)to read as follows: § 5001.204 Personal, partnership, and corporate guarantees.
(b)When warranted by an Agency assessment of potential financial risk, the Agency may require the following:
(1)Guarantees to be secured;
(2)Guarantees from any person or entity owning less than a 20-percent Interest or membership in the borrower; and
(3)Guarantees from persons whose ownership Interest in the borrower is held indirectly through intermediate or affiliated entities. § 5001.451 [Amended] 5. Amend § 5001.451 by redesignating the second paragraph (b)(3)(xiii) and paragraph (b)(3)(xiv) as paragraphs (b)(3)(xiv) and (xv), respectively. Justin Maxson, Deputy Under Secretary, Rural Development. [FR Doc. 2022-02710 Filed 2-8-22; 8:45 am]
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Final rule; correction and correcting amendments
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