Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2022-08-31.xml --- 87 168 Wednesday, August 31, 2022 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Foreign Agricultural Service See Rural Business-Cooperative Service See Rural Housing Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application and Permit for Importation of Firearms, Ammunition and Defense Articles, 53493 2022-18755 Application for Tax Exempt Transfer and Registration of Firearm, 53492-53493 2022-18758 Application for Tax Paid Transfer and Registration of Firearm, 53491-53492 2022-18757 Application to Make and Register a Firearm, 53490-53491 2022-18756 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act:

Pistoia Alliance, Inc., 53493-53494 2022-18817 Coast Guard Coast Guard RULES Safety Zone: Firework Event, Willamette River, Portland, OR, 53375-53377 2022-18843 North Hero-Grand Isle Bridge, Lake Champlain, VT, 53377-53380 2022-18823 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Food for Progress Program, 53363-53369 2022-18743 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Bonds and Insurance, 53461-53462 2022-18735 Defense Federal Acquisition Regulation Supplement; Cyber Incident Reporting and Cloud Computing, 53462 2022-18769 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps Drug Drug Enforcement Administration NOTICES Exempt Chemical Preparations under the Controlled Substances Act, 53494-53502 2022-18794 Importer of Controlled Substances Application:

Experic LLC, 53494 2022-18744 Economic Analysis Bureau Economic Analysis Bureau NOTICES Requests for Nominations: Bureau of Economic Analysis Advisory Committee, 53455-53456 2022-18789 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedures for General Service Fluorescent Lamps, Incandescent Reflector Lamps, and General Service Incandescent Lamps, 53618-53645 2022-17799 NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Secretary of Energy Advisory Board, 53464 2022-18815 Meetings: Advanced Scientific Computing Advisory Committee, 53464 2022-18818 Environmental Management Site-Specific Advisory Board, Nevada, 53464-53465 2022-18811 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 53465 2022-18812 Engineers Engineers Corps NOTICES Meetings: Board on Coastal Engineering Research, 53463-53464 2022-18806 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Federal Implementation Plan Addressing Reasonably Available Control Technology Requirements for Certain Sources in Pennsylvania, 53381-53404 2022-18669 PROPOSED RULES Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Safer Communities by Chemical Accident Prevention, 53556-53616 2022-18249 NOTICES Cancellation Order for Certain Chlorpyrifos Registrations, 53471-53473 2022-18838 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Direct Loan Making, 53441 2022-18869 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 53421-53424 2022-18750 De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 53424-53429 2022-18749 The Boeing Company Airplanes, 53419-53421 2022-18759 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

General Operating and Flight Rules FAR 91 and FAR 107, 53538-53539 2022-18805 Airport Property: Francis S. Gabreski Airport, Southampton, NY, 53537-53538 2022-18833 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53469-53470 2022-18792 Columbia Gas Transmission, LLC; Request under Blanket Authorization and Establishing Intervention and Protest Deadline, 53466-53467 2022-18796 Combined Filings, 53467-53469 2022-18791 2022-18795 Environmental Impact Statements;

Availability, etc.: Texas Gas Transmission, LLC; Proposed Henderson County Expansion Project, 53470-53471 2022-18790 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Eight Point Wind, LLC, 53465-53466 2022-18797 Federal Highway Federal Highway Administration NOTICES Proposed Waiver: Buy America Requirements for Electric Vehicle Chargers, 53539-53547 2022-18831 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 53473 2022-18808 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Senior Executive Service Performance Review Board, 53473-53474 2022-18784 Federal Trade Federal Trade Commission RULES Telemarketing Sales Rule Fees, 53372-53373 2022-18772 Federal Transit Federal Transit Administration NOTICES Limitation on Claims against a Proposed Public Transportation Project:

Chicago Red Line Extension Project, 53547-53548 2022-18816 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2022-23 Season, 53404-53415 2022-18747 PROPOSED RULES Endangered and Threatened Species: Establishment of a Nonessential Experimental Population of the Guam Kingfisher, or Sihek, on Palmyra Atoll, USA, 53429-53440 2022-18571 Food and Drug Food and Drug Administration NOTICES Determination of Regulatory Review Period for Purposes of Patent Extension:

Therox Downstream System, 53474-53475 2022-18754 Ubrelvy, 53475-53477 2022-18753 Foreign Agricultural Foreign Agricultural Service NOTICES Adjustment of Appendices under the Dairy Tariff-Rate Quota Import Licensing Regulation, 53441-53443 2022-18745 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Epson Portland, Inc., Foreign-Trade Zone 45; Portland, OR, 53456-53457 2022-18780 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assessing Community Needs for Terrestrial Analog Studies, 53485-53486 2022-18809 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard NOTICES Meetings: Homeland Security Advisory Council, 53482 2022-18819 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Housing Opportunity Through Modernization Act of 2016: Public Housing Waiting List Data Collection Tool, 53484-53485 2022-18829 New Construction Subterranean Termite Protection for New Homes, 53483-53484 2022-18830 Public Housing Reform Act: Changes to Admission and Occupancy Requirements, 53482-53483 2022-18828 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Deduction for Energy Efficient Commercial Buildings, 53551 2022-18827 Meetings: Advisory Council, 53550-53551 2022-18788 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Non-Alloy Steel Pipe from the Republic of Korea, 53457-53458 2022-18803 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.:

Biaxial Integral Geogrid Products from China, 53489 2022-18799 Certain Amorphous Silica Fabric from China, 53488-53489 2022-18804 Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same, 53489-53490 2022-18752 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decree: CERCLA, 53502-53503 2022-18839 Proposed Settlement Agreement:

CERCLA, 53503 2022-18820 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Unemployment Insurance Benefit Accuracy Measurement Program, 53503-53504 2022-18777 Land Land Management Bureau NOTICES Plats of Survey: Colorado, 53486-53487 2022-18762 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Cleanup Program for Accumulations of Coal and Float Coal Dusts, Loose Coal, and Other Combustibles, 53504-53505 2022-18776 NASA National Aeronautics and Space Administration NOTICES Licenses; Exemptions, Applications, Amendments, etc., 53505 2022-18793 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Strategies to Improve Drug Recognition Experts Officers' Performance and Law Enforcement Agencies' Drug Recognition Experts Programs, 53548-53550 2022-18787 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Invention Disclosure and Inventor Information Collection, 53458-53459 2022-18841 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 53477 2022-18785 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: 2022 Commercial Closure for Blueline Tilefish in the South Atlantic, 53416-53417 2022-18832 Reef Fish Fishery of the Gulf of Mexico; 2022 Red Snapper Private Angling Component Closure in Federal Waters off Texas, 53415-53416 2022-18951 Fisheries of the Exclusive Economic Zone off Alaska:

Pacific Cod by Catcher Vessels using Hook-and-Line Gear in the Western Regulatory Area of the Gulf of Alaska, 53418 2022-18825 Pacific Cod by Trawl Catcher Vessels in the Western Regulatory Area of the Gulf of Alaska, 53417 2022-18826 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: International Dolphin Conservation Program, 53460-53461 2022-18837 Requests for Nominations: Ocean Research Advisory Panel, 53459-53460 2022-18836 National Park National Park Service NOTICES Repatriation of Cultural Items:

U.S. Army Corps of Engineers, Mobile District, Mobile, AL, 53487-53488 2022-18738 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Common Disclosure Forms for the Biographical Sketch and Current and Pending (Other) Support, 53505-53507 2022-18746 Antarctic Conservation Act Permit Applications, 53507 2022-18770 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Access Authorization, 53511-53512 2022-18846 Application: Nuclear Fuel Services, Inc., 53507-53511 2022-18775 Postal Service Postal Service NOTICES Privacy Act; System of Records, 53512-53514 2022-18822 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Overdose Awareness Week (Proc. 10431), 53361-53362 2022-18933 Rural Business Rural Business-Cooperative Service NOTICES Request for Applications: Intermediary Relending Program, Fiscal Year 2023, 53452-53455 2022-18783 Rural Microentrepreneur Assistance Program;

Fiscal Year 2023, 53448-53452 2022-18779 Rural Economic Development Loan and Grant Programs; Fiscal Year 2023, 53443-53448 2022-18773 Rural Housing Service Rural Housing Service RULES Single Family Housing Guaranteed Loan Program, 53369-53372 2022-18626 Securities Securities and Exchange Commission NOTICES Application: Capital Southwest Corp., 53533-53536 2022-18760 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 53514-53522 2022-18764 Fixed Income Clearing Corp., 53522-53526 2022-18768 ICE Clear Credit, LLC, 53529-53531 2022-18766 Municipal Securities Rulemaking Board, 53526-53529 2022-18765 The Nasdaq Stock Market, LLC, 53531-53533 2022-18767 Small Business Small Business Administration NOTICES Disaster Declaration:

Pennsylvania; Correction, 53536 2022-18781 State Department State Department RULES Visas: Eligibility for Diplomatic Visa Issuance in the United States, 53373-53375 2022-18810 NOTICES Culturally Significant Objects Being Imported for Exhibition: Codice Maya de Mexico: The Oldest Book of the Americas, 53537 2022-18821 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53480-53482 2022-18801 Possible Agency Actions Regarding Mental Health and Substance Use Wellbeing in the Context of Climate Change and Health Equity, 53477-53479 2022-18834 Supplemental Funding Opportunity:

Fiscal Year 2022, 53479-53480 2022-18800 2022-18802 Trade Representative Trade Representative, Office of United States NOTICES Meetings: Second United States-Mexico-Canada Agreement Environment Committee, 53537 2022-18824 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53551-53553 2022-18748 Veteran Affairs Veterans Affairs Department RULES Social Security Number Fraud Prevention Act Implementation, 53380-53381 2022-18782 Separate Parts In This Issue Part II Environmental Protection Agency, 53556-53616 2022-18249 Part III Energy Department, 53618-53645 2022-17799 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. 87 168 Wednesday, August 31, 2022 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1499 RIN 0551-AB02 Food for Progress Program AGENCY: Foreign Agricultural Service and Commodity Credit Corporation, U.S.

Department of Agriculture (USDA). ACTION: Final rule. SUMMARY: The Commodity Credit Corporation

(CCC)is amending the regulation governing the Food for Progress Program to update citations and make other technical and clarifying changes. The Office of Management and Budget

(OMB)revised and renumbered certain provisions in its regulations regarding universal identifiers, the System for Award Management, and the uniform administrative requirements, cost principles, and audit requirements for Federal awards. This amendment makes technical corrections to the Food for Progress Program regulation to reflect the revised OMB regulations, and it makes other minor changes intended to improve the efficiency and effectiveness of the program. DATES: This rule is effective August 31, 2022. FOR FURTHER INFORMATION CONTACT: Ingrid Ardjosoediro, 202-720-3627, *ingrid.ardjosoediro@usda.gov.* Persons with disabilities who require an alternative means for communication of information ( *e.g.,* Braille, large print, audiotape, etc.) should contact *FAS-ReasonableAccommodation@usda.gov* or Cynthia Stewart (Reasonable Accommodation Coordinator), *cynthia.stewart@usda.gov.* SUPPLEMENTARY INFORMATION: Background The Food for Progress Program provides for the donation of U.S. agricultural commodities to developing countries and emerging democracies committed to introducing and expanding free enterprise in the agricultural sector. The commodities are generally sold on the local market and the proceeds are used to support agricultural development activities. The program has two principal objectives: to improve agricultural productivity and expand trade in agricultural products. The Food for Progress Program is authorized in section 1110 of the Food Security Act of 1985 (also known as the Food for Progress Act of 1985) (7 U.S.C. 1736o). The Foreign Agricultural Service

(FAS)implements the Food for Progress Program on behalf of CCC. FAS uses the regulation in 7 CFR part 1499, Food for Progress Program, in the administration of the Food for Progress Program. The previous version of the regulation was published as a final rule on August 28, 2019 (84 FR 45059). Amendment of Regulation The Food for Progress Program regulation, 7 CFR part 1499, refers to and cites various sections of 2 CFR part 25, Universal Identifier and System for Award Management, and 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. OMB amended 2 CFR parts 25 and 200 in August 2020 and, as a result, CCC has identified a number of instances where technical corrections to 7 CFR part 1499 are necessary to update citations and make the language consistent with 2 CFR parts 25 and 200. FAS, on behalf of CCC, is amending the Food for Progress Program regulation to make these technical corrections. In addition, FAS is amending the Food for Progress Program regulation to make other changes that are technical or clarifying in nature and intended to improve the efficiency and effectiveness of the program, including the following:

(1)Clarifying that other regulations that are generally applicable to grants and cooperative agreements of USDA, including the applicable regulations set forth in 2 CFR chapters I, II, and IV, also apply to the Food for Progress Program, to the extent that such regulations do not directly conflict with the provisions of 7 CFR part 1499 (7 CFR 1499.1(c));

(2)Providing further detail about the impact description that must be included as part of the strategic analysis in an application for an award under the Food for Progress Program (7 CFR 1499.4(b)(2));

(3)Replacing “interim evaluation” with “midterm evaluation” to be consistent with the “Monitoring and Evaluation Policy,” issued by the Foreign Agricultural Service—Food Assistance Division, USDA (7 CFR 1499.4(b)(6) and 1499.13(d));

(4)Bringing the language in the regulation into better alignment with language in the Food for Progress Act of 1985 (7 CFR 1499.5(e)(4));

(5)Clarifying that the term “point of entry” refers to the point of entry of the donated commodities into the target country (7 CFR 1499.6(e));

(6)Providing that, when a recipient needs to use funds that have been advanced by CCC to pay approved expenses under an agreement, the recipient may transfer the funds from a bank account located in the United States, where they have been required by the regulation to be maintained, to a bank account in the target country (7 CFR 1499.6(f)(7));

(7)Clarifying that transportation of donated commodities to the designated discharge port or point of entry will be arranged for under an agreement, in the manner determined by CCC, by CCC or the recipient; and the recipient will be responsible for any transportation of the donated commodities after their arrival at the designated discharge port or point of entry for as long as the recipient has title to such donated commodities, except as may otherwise be provided in the agreement (7 CFR 1499.7(b) and (f));

(8)Providing that a recipient may only use the services of a transportation company that is legally operating in the country in which it will be transporting the donated commodities and that would not have a conflict of interest in transporting the commodities (7 CFR 1499.7(d));

(9)Clarifying that CCC will arrange for transporting the donated commodities in accordance with 7 CFR 1499.7(b)(1) when CCC determines that it is applicable, regardless of where and when title to the donated commodities passes to a recipient; and that a recipient must maintain the donated commodities in good condition from the time that it takes possession of them at the designated discharge port, point of entry, or point of receipt from the originating carrier until their distribution, sale, or barter (7 CFR 1499.8(b) and (c));

(10)Providing additional information about requirements regarding the acknowledgment of funding by USDA, the use of the USDA logo, and communications to the public, as well as the process for a recipient to request a waiver of compliance with one or more of such requirements (7 CFR 1499.8(d) and (e));

(11)Clarifying that the recipient's responsibility for the donated commodities, which becomes effective following transfer of title to the recipient, remains in effect for as long as the recipient has title to the commodities (7 CFR 1499.9(a) and

(b)and 1499.10(a));

(12)Providing that the recipient must report damage to or loss of donated commodities in accordance with one of three stated procedures, depending on the estimated amount of such damage or loss (7 CFR 1499.9(b)(1));

(13)Clarifying that the “in excess of $5,000” threshold amount that triggers the requirement to inspect damaged donated commodities refers to the amount of damage sustained by the donated commodities, not to the overall value of the donated commodities; and the value of the donated commodities prior to the damage must be determined on the basis of the costs incurred by CCC with respect to such commodities, as well as costs incurred by the recipient and paid by CCC (7 CFR 1499.9(e));

(14)Modifying the text previously in 7 CFR 1499.13(f) and moving it to 7 CFR 1499.13(c) to clarify that information covering the receipt, handling, and disposition of the donated commodities, and the receipt and use of any sale proceeds, etc., must be included in the performance reports (7 CFR 1499.13(c)(ii) and (iii)); and

(15)Clarifying that the date of submission of the final expenditure report, as referenced in 2 CFR 200.334, will be the date of submission of the final financial report (7 CFR 1499.13(h)). Notice and Comment This rule is being issued as a final rule without prior notice and opportunity for comment. This rule involves a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. The Administrative Procedure Act exempts such rules from the statutory requirement for prior notice and opportunity for comment (5 U.S.C. 553(a)(2)). Accordingly, this rule may be made effective less than 30 days after publication in the **Federal Register** . Assistance Listings for Federal Users The program covered by this regulation is included in the Assistance Listings for Federal Users at *SAM.gov* under the following FAS CFDA number: 10.606, Food for Progress. E-Government Act Compliance CCC is committed to complying with the E-Government Act of 2002 (44 U.S.C. chapter 36), to promote the use of the internet and other information technologies to provide increased opportunities for citizens' access to Government information and services, and for other purposes. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Office of Information and Regulatory Affairs has designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). Executive Orders 12866 and 13563 Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” 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 emphasized the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The requirements in Executive Orders 12866 and 13563 for the analysis of costs and benefits apply to rules that are determined to be significant. It has been determined that this rule is not significant for the purposes of Executive Order 12866; therefore, this rule was not reviewed by the Office of Management and Budget. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988, “Civil Justice Reform.” This rule does not preempt State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. This rule will not be retroactive. Executive Order 12372 Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with officials of State and local governments that would be directly affected by the proposed Federal financial assistance. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened federalism by relying on State and local processes for the State and local government coordination and review of proposed Federal financial assistance and direct Federal development. This rule will not directly affect State or local officials and, for this reason, it is excluded from the scope of Executive Order 12372. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally requires an agency to prepare a regulatory flexibility analysis of any rule that is subject to notice and comment rulemaking under the Administrative Procedure Act

(APA)or any other law, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The Regulatory Flexibility Act does not apply to this rule because CCC is not required by the APA or any other law to publish a notice of proposed rulemaking with respect to the subject matter of the rule. Executive Order 13132 This rule has been reviewed under Executive Order 13132, “Federalism.” This rule will not have any substantial direct effect on States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various levels of government, except as required by law. This rule does not impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States was not required. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. CCC does not expect this rule to have any effect on Indian tribes. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995

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

(c)In addition to the provisions of this part, other regulations that are generally applicable to grants and cooperative agreements of USDA, including the applicable regulations set forth in 2 CFR chapters I, II, and IV, also apply to the FFPr Program, to the extent that such regulations do not directly conflict with the provisions of this part. The provisions of the CCC Charter Act (15 U.S.C. 714 *et seq.* ) and any other statutory or regulatory provisions that are generally applicable to CCC apply to the FFPr Program.

(e)The OMB guidance at 2 CFR part 200, and the provisions of 2 CFR part 400 and of this part, do not apply to an award by CCC under the FFPr Program to a recipient that is a foreign public entity, as defined in 2 CFR 200.1, and, therefore, they do not apply to a foreign government or an intergovernmental organization. (f)(1) The OMB guidance at subparts A through E of 2 CFR part 200, as supplemented by 2 CFR part 400 and this part, applies to all awards by CCC under the FFPr Program to all recipients that are private voluntary organizations, including a private voluntary organization that is a foreign organization, as defined in 2 CFR 200.1; nonprofit agricultural organizations or cooperatives, including a nonprofit agricultural organization or cooperative that is a foreign organization; nongovernmental organizations, including a nongovernmental organization that is a for-profit entity or a foreign organization; colleges or universities; or other private entities, including a private entity that is a for-profit entity or a foreign organization. 3. In § 1499.2, revise the definitions of “Commodities” and “Program income” to read as follows: § 1499.2 Definitions. *Commodities* means agricultural commodities, or products of agricultural commodities, that are produced in the United States. *Program income* means interest earned on proceeds from the sale of donated commodities, as well as funds received by a recipient or subrecipient as a direct result of carrying out an approved activity under an agreement. The term includes but is not limited to income from fees for services performed, the use or rental of real or personal property acquired under a Federal award, the sale of items fabricated under a Federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Program income does not include any of the following: proceeds from the sale of donated commodities; CCC-provided funds; interest earned on CCC-provided funds; funds provided for cost sharing or matching contributions, refunds, rebates, credits, or discounts; or interest earned on funds provided for cost sharing or matching contributions, refunds, rebates, credits, or discounts. 4. In § 1499.3, revise the first sentence of paragraph

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

(a)A private voluntary organization, a nonprofit agricultural organization or cooperative, a nongovernmental organization, a college or university, or any other private entity is eligible to submit an application under this part to become a recipient under the Food for Progress Program. * * * 5. In § 1499.4, revise paragraphs (b)(2) and (6),

(c)introductory text, and (c)(3) to read as follows: § 1499.4 Application process.

(b)* * *

(2)An introduction and a strategic analysis, which includes a description of opportunities for lasting impact and sustainable benefits, as specified in the notice of funding opportunity;

(6)Unless otherwise specified in the notice of funding opportunity, an evaluation plan that describes the proposed design, methodology, and time frame of the project's evaluation activities, and how the applicant intends to manage these activities, and that will include a baseline study, midterm evaluation, final evaluation, and any applicable special studies; and

(c)Unless an exception in 2 CFR 25.110 applies, each applicant is required to:

(3)Maintain an active SAM registration, in accordance with 2 CFR part 25, with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. 6. In § 1499.5, revise paragraphs (b), (c), (d)(4),

(e)introductory text, and (e)(4) to read as follows: § 1499.5 Agreements.

(b)The agreement will include the general information required in 2 CFR 200.211(b), as applicable.

(c)The agreement will incorporate general terms and conditions, pursuant to 2 CFR 200.211(c), as applicable.

(d)* * *

(4)Performance goals for the agreement, including a list of results, with long-term benefits where applicable, to be achieved by the activities; indicators, targets, and baseline data; and information about how performance will be assessed, including the timing and scope of expected performance; and

(e)The agreement will also include specific terms and conditions, and certifications and representations, including the following, as applicable:

(4)The recipient will assert that, to the best of its knowledge, any sale or barter of the donated commodities will not displace or interfere with any sales of United States commodities that would otherwise be made to or within the target country. The recipient must submit information to CCC to support this assertion; and 7. In § 1499.6, revise paragraphs (a)(1), (e), and (f)(7) and

(8)to read as follows: § 1499.6 Payments.

(a)* * *

(1)The original, or a true copy, of each on board bill of lading indicating the freight rate and signed by the originating ocean carrier;

(e)If CCC has agreed to be responsible for the costs of transporting, storing, and distributing the donated commodities from the designated discharge port or the point of entry into the target country, and if the recipient will bear or has borne any of these costs, in accordance with the agreement, CCC will either provide an advance payment or a reimbursement to the recipient in the amount of such costs, in the manner set forth in the agreement.

(f)* * *

(7)Except as may otherwise be provided in the agreement, a recipient must deposit and maintain in an insured bank account located in the United States all funds advanced by CCC. The account must be interest-bearing, unless one of the exceptions in 2 CFR 200.305(b)(8) applies or CCC determines that this requirement would constitute an undue burden. A recipient will not be required to maintain a separate bank account for advance payments of CCC-provided funds. However, a recipient must be able to separately account for funds received, obligated, and expended under each agreement. When the recipient requires the use of funds that have been advanced by CCC to pay approved expenses under this agreement, the recipient may transfer the funds from the bank account located in the United States to a bank account in the target country.

(8)A recipient may retain, for administrative purposes, up to $500 per Federal fiscal year of any interest earned on funds advanced under an agreement. The recipient must remit to the U.S. Department of Health and Human Services any additional interest earned during the Federal fiscal year on such funds, in accordance with the procedures in 2 CFR 200.305(b)(9). 8. In § 1499.7: a. Revise paragraphs

(b)introductory text and (b)(1); b. Redesignate paragraph

(d)as paragraph (e); c. Add new paragraphs

(d)and (f). The revisions and additions read as follows: § 1499.7 Transportation of donated commodities.

(b)Transportation to the designated discharge port or point of entry of donated commodities, and other goods such as bags that may be provided by CCC under the FFPr Program, will be arranged for under a specific agreement in the manner determined by CCC. Such transportation will be arranged for by:

(1)CCC in accordance with the Federal Acquisition Regulation

(FAR)in 48 CFR chapter 1, the Agriculture Acquisition Regulation

(AGAR)in 48 CFR chapter 4, and directives issued by the Director, Office of Contracting and Procurement, USDA; or

(d)A recipient may only use the services of a transportation company that is legally operating in the country in which it will be transporting the donated commodities and that would not have a conflict of interest in transporting such donated commodities.

(f)A recipient will be responsible for arranging and paying for any transportation of the donated commodities after their arrival at the designated discharge port or point of entry for as long as the recipient has title to such donated commodities, except as may otherwise be provided in the agreement. 9. Revise § 1499.8 to read as follows: § 1499.8 Entry, handling, and labeling of donated commodities and notification requirements.

(a)A recipient must make all necessary arrangements for receiving the donated commodities in the target country, including obtaining appropriate approvals for entry and transit. The recipient must make arrangements with the target country government for all donated commodities that will be distributed to beneficiaries to be imported and distributed free from all customs duties, tolls, and taxes. A recipient is encouraged to make similar arrangements, where possible, with the government of a country where donated commodities to be sold or bartered are delivered.

(b)A recipient must, as provided in the agreement, arrange for transporting, storing, and distributing the donated commodities from the designated point and time where title to the donated commodities passes to the recipient, except that CCC will arrange for transporting the donated commodities in accordance with § 1499.7(b)(1) when CCC determines that it is applicable.

(c)A recipient must maintain the donated commodities in good condition from the time that it takes possession of such donated commodities at the designated discharge port, the point of entry, or the point of receipt from the originating carrier until their distribution, sale or barter.

(d)A recipient must comply with the following requirements in this paragraph, and the requirements specified in the agreement, regarding the acknowledgment of funding by USDA, the use of the USDA logo, and communications to the public:

(1)If a recipient arranges for the packaging or repackaging of donated commodities that are to be distributed, the recipient must ensure that the packaging:

(i)Is plainly labeled in the language of the target country;

(ii)Contains the name of the donated commodities;

(iii)Includes a statement indicating that the donated commodities are furnished by the Food for Progress Program of the United States Department of Agriculture; and

(iv)Includes a statement indicating that the donated commodities must not be sold, exchanged or bartered.

(2)If a recipient arranges for the processing and repackaging of donated commodities that are to be distributed, the recipient must ensure that the packaging:

(i)Is plainly labeled in the language of the target country;

(ii)Contains the name of the processed product;

(iii)Includes a statement indicating that the processed product was made with commodities furnished by the Food for Progress Program of the United States Department of Agriculture; and

(iv)Includes a statement indicating that the processed product must not be sold, exchanged or bartered.

(3)If a recipient distributes donated commodities that are not packaged, the recipient must display a sign at the distribution site that includes the name of the donated commodities, a statement indicating that the donated commodities are being furnished by the Food for Progress Program of the United States Department of Agriculture, and a statement indicating that the donated commodities must not be sold, exchanged, or bartered.

(4)A recipient must ensure that signs are displayed at all activity implementation and commodity distribution sites to inform beneficiaries that funding for the project was provided by the Food for Progress Program of the United States Department of Agriculture.

(5)A recipient must ensure that all communications to the public relating to the project, the activities, or the donated commodities, whether made through print, broadcast, digital, or other media, include a statement acknowledging that funding was provided by the Food for Progress Program of the United States Department of Agriculture. This includes project descriptions, fact sheets, signs, websites, press releases, social media, videos, reports, and other communications to the public. A recipient must also ensure that the USDA logo is used in communications to the public in accordance with the agreement. (e)(1) At the request of a recipient, CCC may waive compliance with one or more of the requirements in paragraph

(d)of this section. A recipient may submit a written request for a waiver at any time after the agreement has been signed. Except as provided in paragraph (e)(2) of this section, the recipient must comply with the requirement(s) while awaiting a determination by CCC regarding its waiver request.

(2)If a recipient determines that compliance with one or more of the requirements in paragraph

(d)of this section poses an imminent threat of injury, loss of life, or destruction of property in the target country, the recipient must submit a request to CCC for a waiver of such requirement(s), with an explanation of the safety or security risk, as soon as possible. The recipient will not have to comply with such requirement(s) while awaiting a determination by CCC regarding its waiver request.

(f)In exceptional circumstances, CCC may, on its own initiative, waive one or more of the requirements in paragraph

(d)of this section for programmatic reasons. 10. In § 1499.9, revise paragraphs

(a)and (b), the sixth and ninth sentences of paragraph (c), paragraph (d)(3)(iii), and the first and second sentences of paragraph

(e)introductory text to read as follows: § 1499.9 Damage to or loss of donated commodities.

(a)CCC will be responsible for the donated commodities prior to the transfer of title to the donated commodities to the recipient. The recipient will be responsible for the donated commodities while the recipient has title to the donated commodities. The title will transfer as specified in the agreement. (b)(1) A recipient must inform CCC, in the manner set forth in the agreement, of any damage to or loss of donated commodities that occurs while the recipient has title to the donated commodities. The recipient must comply with the following procedures when reporting such damage to or loss of donated commodities:

(i)If the amount of the damage or loss is estimated to exceed $20,000, the recipient must notify CCC in writing immediately after becoming aware of such damage or loss and, in this notification, provide detailed information about the circumstances surrounding such damage or loss, the quantity of damaged or lost donated commodities, and the amount of the damage or loss;

(ii)If the amount of the damage or loss is estimated to exceed $1,000 but not to exceed $20,000, the recipient must notify CCC in writing of the damage or loss within 15 days after the date that the recipient becomes aware of it and then provide detailed information about the damage or loss in the first report required to be filed under § 1499.13(c) that is due after the date that the recipient becomes aware of such damage or loss; and

(iii)If the amount of the damage or loss is estimated not to exceed $1,000, the recipient must notify CCC, and provide detailed information about the damage or loss, in the first report required to be filed under § 1499.13(c) that is due after the date that the recipient becomes aware of such damage or loss.

(2)The recipient must take all steps necessary to protect its interests and the interests of CCC with respect to any damage to or loss of the donated commodities that occurs while the recipient has title to the donated commodities.

(c)* * * All surveys obtained by the recipient must, to the extent practicable, be conducted jointly by the surveyor, the recipient, and the ocean carrier, and the survey report must be signed by all three parties. * * * CCC will reimburse the recipient for the reasonable costs of these services, as determined by CCC.

(d)* * *

(3)* * *

(iii)Estimates the quantity of cargo, if any, lost during discharge through ocean carrier negligence;

(e)If donated commodities to which a recipient has title sustain damage in excess of $5,000 at any time prior to their distribution or sale under the agreement, regardless of the party at fault, the recipient must immediately arrange for an inspection by a public health official or other competent authority approved by CCC and provide to CCC a certification by such public health official or other competent authority regarding the exact quantity and condition of the damaged donated commodities. The value of the donated commodities prior to the damage must be determined on the basis of the commodity acquisition, transportation, and related costs incurred by CCC with respect to such commodities, as well as such costs incurred by the recipient and paid by CCC. * * * 11. In § 1499.10: a. Revise paragraphs

(a)and

(b)introductory text; b. Remove paragraph (b)(1); c. Redesignate paragraphs (b)(2), (3), and

(4)as paragraphs (b)(1), (2), and (3); d. Remove paragraph (c); and e. Redesignate paragraphs (d), (e), and

(f)as paragraphs (c), (d), and (e). The revisions read as follows: § 1499.10 Claims for damage to or loss of donated commodities.

(a)CCC will be responsible for claims arising out of damage to or loss of a quantity of the donated commodities prior to the transfer of title to the donated commodities to the recipient. The recipient will be responsible for claims arising out of damage to or loss of a quantity of the donated commodities while the recipient has title to the donated commodities.

(b)If the recipient has title to donated commodities that have been damaged or lost, and the amount of the damage or loss is estimated to exceed $20,000, the recipient must: 12. In § 1499.11, revise paragraphs

(e)and

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

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

(2)A recipient must not transfer any funds budgeted for participant support costs, as defined in 2 CFR 200.1, to other categories of expense without the prior approval of CCC. 13. Revise § 1499.13 to read as follows: § 1499.13 Reporting and record keeping requirements.

(a)A recipient must comply with the performance and financial monitoring and reporting requirements in the agreement and 2 CFR 200.328 through 200.330.

(b)A recipient must submit financial reports to CCC, by the dates and for the reporting periods specified in the agreement. Such reports must provide an accurate accounting of sale proceeds, CCC-provided funds, interest, program income, and voluntary committed cost sharing or matching contributions. When reporting financial information under the agreement, the recipient must include the amounts in U.S. dollars and, if funds are held in local currency, the exchange rate. (c)(1) A recipient must submit performance reports to CCC, by the dates and for the reporting periods specified in the agreement. These reports must include the following:

(i)The information required in 2 CFR 200.329(c)(2), including additional pertinent information regarding the recipient's progress, measured against established indicators, baseline values, and targets, towards achieving the expected results specified in the agreement. This reporting must include, for each performance indicator, a comparison of actual accomplishments with the baseline values and the targets established for the period. When actual accomplishments deviate significantly from targeted goals, the recipient must provide an explanation in the report;

(ii)Information covering the receipt, handling, and disposition of the donated commodities, until all of the donated commodities have been distributed, sold, or bartered and such disposition has been reported to CCC; and

(iii)If the agreement authorizes the sale or barter of donated commodities, information covering the receipt and use of any sale proceeds, goods and services derived from barter, and program income, until all of the sale proceeds, goods and services derived from barter, and program income have been disbursed or used and reported to CCC.

(2)A recipient must ensure the accuracy and reliability of the performance data submitted to CCC in performance reports. At any time during the period of performance of the agreement, CCC may review the recipient's performance data to determine whether it is accurate and reliable. The recipient must comply with all requests made by CCC or an entity designated by CCC in relation to such reviews.

(d)Baseline, midterm, and final evaluation reports are required for all agreements, unless otherwise specified in the agreement. The reports must be submitted in accordance with the timeline in the CCC-approved evaluation plan. Evaluation reports submitted to CCC may be made public in an effort to increase accountability and transparency and share lessons learned and best practices.

(e)A recipient must, within 30 days after export of all or a portion of the donated commodities, submit evidence of such export to CCC, in the manner set forth in the agreement. The evidence may be submitted through an electronic media approved by CCC or by providing the ocean carrier's on board bill of lading. The evidence of export must show the kind and quantity of commodities exported, the date of export, and the country where the commodities will be delivered. The date of export is the date that the ocean carrier carrying the donated commodities sails from the final U.S. load port.

(f)If requested by CCC, a recipient must provide to CCC additional information or reports relating to the agreement.

(g)If a recipient requires an extension of a reporting deadline, it must ensure that CCC receives an extension request at least five business days prior to the reporting deadline. CCC may decline to consider a request for an extension that it receives after this time period. CCC will consider requests for reporting deadline extensions on a case by case basis and make a decision based on the merits of each request. CCC will consider factors such as unforeseen or extenuating circumstances and past performance history when evaluating requests for extensions.

(h)A recipient must retain records and permit access to records in accordance with the requirements of 2 CFR 200.334 through 200.338. The date of submission of the final expenditure report, as referenced in 2 CFR 200.334, will be the date of submission of the final financial report required by paragraph

(b)of this section, as prescribed by CCC. The recipient must retain copies of and make available to CCC all sales receipts, contracts, or other documents related to the sale or barter of donated commodities and any goods or services derived from such barter, as well as records of dispatch received from ocean carriers. 14. In § 1499.14, revise the third sentence of paragraph (a), paragraph (b)(2), and the first sentence of paragraph (b)(4) to read as follows: § 1499.14 Subrecipients.

(a)* * * The recipient must enter into a written subagreement with the subrecipient and comply with the applicable provisions of 2 CFR 200.332. * * *

(b)* * *

(2)The subrecipient is prohibited from using sale proceeds, CCC-provided funds, interest, or program income to acquire goods and services, either directly or indirectly through another party, in a manner that violates a U.S. Government economic sanctions program, as specified in the agreement.

(4)The subrecipient is responsible for complying with the applicable compliance requirements set forth in the subaward in accordance with § 1499.18 and 2 CFR 200.501(h). * * * 15. In § 1499.15, revise the first sentence to read as follows: § 1499.15 Noncompliance with an agreement. If a recipient fails to comply with a Federal statute or regulation or the terms and conditions of the agreement, and CCC determines that the noncompliance cannot be remedied by imposing additional conditions, CCC may take one or more of the actions set forth in 2 CFR 200.339 and, if appropriate, initiate a claim against the recipient. * * * 16. In § 1499.16: a. Revise paragraph (a); b. Redesignate paragraph

(b)as paragraph (c); c. Add new paragraph (b); and d. Revise newly redesignated paragraph (c)(3). The revisions and addition read as follows: § 1499.16 Suspension and termination of agreements.

(a)CCC may suspend or terminate an agreement if it determines that:

(1)One of the bases in 2 CFR 200.339 or 200.340 for suspension or termination by CCC has been satisfied;

(2)The continuation of the assistance provided under the agreement is no longer necessary or desirable; or

(3)Storage facilities are inadequate to prevent spoilage or waste of the donated commodities, or distribution of the donated commodities will result in a substantial disincentive to or interference with domestic production or marketing in the target country.

(b)The termination provisions in 2 CFR 200.340 and 200.341 will apply to an agreement.

(c)* * *

(3)Must comply with any closeout and post-closeout provisions specified in the agreement and 2 CFR 200.344 and 200.345. 17. In § 1499.19, revise the first sentence to read as follows: § 1499.19 Paperwork Reduction Act. The information collection requirements contained in this part have been approved by OMB under the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, and have been assigned OMB control number 0551-0035. * * * Zach Ducheneaux, Executive Vice President, Commodity Credit Corporation. In concurrence with: Clay Hamilton, Acting Administrator, Foreign Agricultural Service. [FR Doc. 2022-18743 Filed 8-30-22; 8:45 am]

Connections49 off-index

49 references not yet in our index

7 CFR 1499
7 USC 1736o
2 CFR 25
2 CFR 200
7 CFR 1499.1(c)
7 CFR 1499.4(b)(2)
7 CFR 1499.4(b)(6)
7 CFR 1499.5(e)(4)
7 CFR 1499.6(e)
7 CFR 1499.6(f)(7)
7 CFR 1499.7(b)
7 CFR 1499.7(d)
7 CFR 1499.7(b)(1)
7 CFR 1499.8(b)
7 CFR 1499.8(d)
7 CFR 1499.9(a)
7 CFR 1499.9(b)(1)
7 CFR 1499.9(e)
7 CFR 1499.13(f)
7 CFR 1499.13(c)
7 CFR 1499.13(c)(ii)
2 CFR 200.334
7 CFR 1499.13(h)
5 USC 553(a)(2)
5 USC 801
5 USC 804(2)
EO 12866
EO 13563
EO 12988
EO 12372
5 USC 601-612
EO 13132
EO 13175
15 USC 714b
15 USC 714
2 CFR 400
2 CFR 200.1
2 CFR 25.110
2 CFR 200.211(b)
2 CFR 200.211(c)

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Cite7 CFR 1499.1(c)

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