Unknown. Final rule

7,512 words·~34 min read·/register/2023/11/24/2023-25908·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2023-11-24.xml --- 88 225 Friday, November 24, 2023 Contents Agricultural Marketing Agricultural Marketing Service RULES Nomenclature Changes; Technical Amendments, 82230-82237 2023-25238 NOTICES Environmental Assessments; Availability, etc.: Organic Market Development Grant Program; Correction, 82313 2023-26061 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 82313 2023-25932 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Patient Protection and Affordable Care Act, Notice of Benefit and Payment Parameters for 2025; Updating Waiver Public Notice Procedures; Medicaid; Consumer Operated and Oriented Plan Program; and Basic Health Program, 82510-82655 2023-25576 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82379-82381 2023-25976 Medicare and Medicaid Programs:

Application from a Hospital Requesting Waiver for Organ Procurement Service Area, 82375-82377, 82381-82382 2023-25902 2023-25903 2023-25904 Medicare Program: Application by the Accreditation Commission for Health Care for Continued CMS Approval of its Home Infusion Therapy Accreditation Program, 82377-82379 2023-25906 Coast Guard Coast Guard RULES Safety Zones: Lake Charles, Lake Charles, LA, 82260-82261 2023-25981 Special Local Regulations: Southern California Annual Marine Events for the Los Angeles—Long Beach Captain of the Port Zone, 82259 2023-25994 NOTICES Meetings:

National Merchant Marine Personnel Advisory Committee, 82392-82393 2023-25912 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 82341 2023-25945 Consumer Product Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 82341 2023-26120 Defense Department Defense Department NOTICES Hearings, Meetings, Proceedings etc.: Defense Policy Board, 82341-82342 2023-25907 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: Groff NA Hemplex, LLC, 82399 2023-25990 Isosciences, LLC, 82400-82401 2023-25947 Navinta, LLC, 82398 2023-25991 Organic Standards Solutions International, LLC, 82399 2023-25948 Organix Chemistry Solutions, LLC, 82398-82399 2023-25946 Sigma Aldrich Research Biochemicals, Inc., 82403 2023-25992 VHG Labs DBA LGC Standards, 82401-82403 2023-25989 Education Department Education Department NOTICES Privacy Act;

Matching Program, 82342-82343 2023-25999 Employment and Training Employment and Training Administration RULES Wagner-Peyser Act Staffing, 82658-82737 2023-25372 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Organizational Changes in Certain Department of Energy Health, Safety, and Security Regulations: Correction, 82237-82238 2023-25923 NOTICES Meetings: National Petroleum Council, 82343-82344 2023-25942 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance;

Exemptions, Petitions, Revocations, etc.: Oxathiapiprolin, 82272-82274 2023-25768 PROPOSED RULES Persistent, Bioaccumulative, and Toxic Chemicals under the Toxic Substances Control Act: Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1), 82287-82312 2023-25714 Pesticides: Petition Seeking Rulemaking for Registration of Neonicotinoid Insecticides and Other Systemic Insecticides, 82286-82287 2023-25739 NOTICES Determinations of Compliance and Applicability: Formal Responses to Inquiries Concerning Compliance with the Clean Air Act Stationary Source Program (since May 2019), 82350-82355 2023-25950 Environmental Impact Statements;

Availability, etc., 82350 2023-25936 Pesticide Registration Review: Decisions and Case Closures for Several Pesticides; Technical Correction, 82355-82356 2023-25941 Farm Credit Farm Credit Administration RULES Conservators and Receivers, 82238-82246 2023-25652 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Eastern United States, 82248-82250, 82252-82255 2023-25852 2023-25853 Northeast United States, 82250-82252 2023-25851 Airworthiness Directives:

Dassault Aviation Airplanes, 82246-82248 2023-25833 Renaming of Restricted Areas: Fort Benning, GA, 82255-82257 2023-25849 Fort Rucker, AL, 82257-82259 2023-25850 PROPOSED RULES Airspace Designations and Reporting Points: Alaska, 82283-82285 2023-25844 Camp Pohakuloa, HI, 82282-82283 2023-25796 Airworthiness Directives: The Boeing Company Airplanes, 82279-82281 2023-25866 NOTICES Environmental Impact Statements; Availability, etc.: Airspace Optimization for Readiness at Mountain Home Air Force Base, ID, Record of Decision, 82496-82497 2023-25978 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Andro Hydro, LLC, 82344-82345 2023-25974 Authorization for Continued Project Operation: Alice Falls Hydro, LLC, 82345 2023-25966 Ampersand Christine Falls Hydro, LLC, 82349 2023-25963 Indiana Michigan Power Co., 82345-82346 2023-25970 KEI (Maine) Power Management (II), LLC, 82344 2023-25961 Tallassee Shoals, LLC, 82350 2023-25972 Combined Filings, 82347-82350 2023-25965 2023-25971 Environmental Assessments; Availability, etc.: East Tennessee Natural Gas, LLC, Proposed System Alignment Program Project, 82346-82347 2023-25968 Request for Temporary Waiver:

Holly Energy Partners—Operating, LP, 82346 2023-25973 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82497 2023-25930 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Qualification of Drivers; Hearing, 82499-82500 2023-25927 Qualification of Drivers; Narcolepsy, 82498-82499 2023-25919 Federal Railroad Federal Railroad Administration NOTICES Safety Advisory: 2023-07;

Review and Implement New Predictive Weather Modeling and Proactive Safety Processes across the National Rail Network to Prevent Weather-Related Accidents and Incidents, 82500-82502 2023-25924 Federal Reserve Federal Reserve System NOTICES Federal Reserve Bank Services, 82356-82375 2023-25925 Fish Fish and Wildlife Service NOTICES Permits; Applications, Issuances, etc.: Incidental Take and Proposed Habitat Conservation Plan for the Sand Skink and Blue-Tailed Mole Skink; Polk County, FL, 82394-82395 2023-25949 Incidental Take and Proposed Habitat Conservation Plan for the Sand Skink;

Orange County, FL, 82393-82394 2023-25943 Food and Drug Food and Drug Administration NOTICES Guidance: Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products: Questions and Answers, 82385-82386 2023-25969 COVID-19: Developing Drugs and Biological Products for Treatment or Prevention, 82382-82383 2023-25952 Defining Durations of Use for Approved Medically Important Antimicrobial Drugs Fed to Food-Producing Animals, 82384 2023-25962 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 82502-82506 2023-25928 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:

KMP USA, LLC, Foreign-Trade Zone 32, Doral, FL, 82315-82316 2023-25926 Forest Forest Service NOTICES Proposed New Recreation Fee Site, 82313-82314 2023-25868 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The William T. Pecora Award Application and Nomination Process, 82395-82396 2023-25944 USA National Phenology Network—The Nature's Notebook Plant and Animal Observing Program, 82396-82397 2023-25915 Government Accountability Government Accountability Office PROPOSED RULES Personnel Appeals Board;

Procedural Rules, 82277-82279 2023-25647 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Patient Protection and Affordable Care Act, Notice of Benefit and Payment Parameters for 2025; Updating Waiver Public Notice Procedures; Medicaid; Consumer Operated and Oriented Plan Program; and Basic Health Program, 82510-82655 2023-25576 NOTICES Meetings:

Presidential Advisory Council on HIV/AIDS, 82386 2023-25877 Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Meetings: Regulations and Procedures Technical Advisory Committee, 82316 2023-25975 Interior Interior Department See Fish and Wildlife Service See Geological Survey International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbazole Violet Pigment 23 from India, 82316-82318 2023-25935 Forged Steel Fittings from Taiwan, 82320-82321 2023-25929 Polyethylene Terephthalate Film, Sheet, and Strip from India, 82321-82322 2023-25931 Approved Trade Mission, 82318-82320 2023-25958 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Activated Carbon from China, 82397 2023-25993 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: InfraGard Membership Application and Profile Questionnaire, 82405 2023-25916 Law Enforcement Congressional Badge of Bravery, 82403-82404 2023-25917 Proposed Consent Decree: Clean Air Act, 82404-82405 2023-25960 Labor Department Labor Department See Employment and Training Administration See Veterans Employment and Training Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Registration Requirements to Serve as a Pooled Plan Provider to Pooled Employer Plans; Correction, 82405-82406 2023-25910 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation Supplements: Revision of the Definition of Commercial Item; Corrections, 82275-82276 2023-25761 National Institute National Institute of Standards and Technology NOTICES Hearings, Meetings, Proceedings etc.: National Artificial Intelligence Advisory Committee, 82322 2023-25954 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings etc.:

Center for Scientific Review, 82387 2023-25884 National Center for Advancing Translational Sciences, 82386 2023-25885 National Heart, Lung, and Blood Institute, 82387-82388 2023-25937 National Institute of Allergy and Infectious Diseases, 82386-82387 2023-25939 2023-25940 National Institute on Drug Abuse, 82387 2023-25938 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska: Bering Sea and Aleutian Islands Halibut Abundance-Based Management of Amendment 80 Prohibited Species Catch Limit, 82740-82771 2023-25513 NOTICES 2024 Annual Determination to Implement the Sea Turtle Observer Requirement, 82339-82340 2023-25986 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Understanding the Human Response to Water Hazards: A Social Network Analysis, 82322-82323 2023-25977 Environmental Assessments; Availability, etc.: Endangered and Threatened Species; Take of Anadromous Fish, 82324 2023-25878 Fisheries of the Exclusive Economic Zone off Alaska: Bering Sea and Aleutian Islands Management Area; Cost Recovery Fee for the Western Alaska Community Development Quota and Trawl Limited Access Privilege Programs, 82336-82338 2023-25957 Hearings, Meetings, Proceedings etc.:

Mid-Atlantic Fishery Management Council, 82338-82339 2023-25967 Pacific Fishery Management Council, 82325-82326 2023-25964 Permit Applications: Endangered Species; File No. 21516, 82324-82325 2023-25984 Permits, Applications, Issuances, etc.: Marine Mammals; File No. 26593, 82340 2023-25920 Taking or Importing of Marine Mammals: U.S. Army Corps of Engineers Unalaska (Dutch Harbor) Channel Deepening Project, 82326-82336 2023-25934 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Market Dominant Postal Products, 82285-82286 2023-25933 NOTICES Competitive Price Changes, 82434-82436 2023-25988 New Postal Products, 82433-82434 2023-25979 Special Study on Flats Operations, 82431-82433 2023-25914 Postal Service Postal Service RULES Domestic Competitive Products Pricing and Mailing Standards Changes, 82264-82272 2023-25648 NOTICES Product Change:

Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 82437, 82439 2023-25888 2023-25889 2023-25890 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 82437-82439 2023-25891 2023-25892 2023-25893 2023-25894 2023-25895 2023-25896 2023-25897 2023-25898 2023-25899 2023-25900 2023-25901 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2012; Presidential Determination Pursuant to Section 1245(d)(4)(B) and

(C)(Presidential Determination No. 2024-01 of November 11, 2023), 82773-82775 2023-26130 Philippines; Proposed Agreement for Cooperation With the U.S. Concerning Peaceful Uses of Nuclear Energy (Presidential Determination No. 2024-02 of November 16, 2023), 82777 2023-26134 Rural Business Rural Business-Cooperative Service RULES Guaranteed Loanmaking and Servicing, 82225-82230 2023-25908 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82314 2023-25876 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 82439-82441 2023-25882 Financial Industry Regulatory Authority, Inc., 82447-82495 2023-25880 2023-25881 2023-25886 The Options Clearing Corp., 82441-82447 2023-25883 State Department State Department NOTICES Hearings, Meetings, Proceedings etc.: Advisory Commission on Public Diplomacy, 82495-82496 2023-25909 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 82388-82392 2023-25918 2023-25922 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Foreign Assets Control Office PROPOSED RULES Patient Protection and Affordable Care Act, Notice of Benefit and Payment Parameters for 2025; Updating Waiver Public Notice Procedures; Medicaid; Consumer Operated and Oriented Plan Program; and Basic Health Program, 82510-82655 2023-25576 Veteran Affairs Veterans Affairs Department RULES Reevaluation of Claims for Dependency and Indemnity Compensation, 82261-82264 2023-25836 NOTICES Hearings, Meetings, Proceedings etc.: Advisory Committee on Women Veterans, 82506-82507 2023-25995 Veterans Employment Veterans Employment and Training Service NOTICES Honoring Investments in Recruiting and Employing Vets Medallion Program: Award Recipients, 82406-82431 2023-25563 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 82510-82655 2023-25576 Health and Human Services Department, 82510-82655 2023-25576 Treasury Department, 82510-82655 2023-25576 Part III Labor Department, Employment and Training Administration, 82658-82737 2023-25372 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 82740-82771 2023-25513 Part V Presidential Documents, 82773-82775, 82777 2023-26130 2023-26134 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. 88 225 Friday, November 24, 2023 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service 7 CFR Part 4279 [Docket No. RBS-20-BUSINESS-0016] RIN 0570-AB07 Guaranteed Loanmaking and Servicing Regulations AGENCY: Rural Business-Cooperative Service, USDA. ACTION: Final rule. SUMMARY: The Rural Business-Cooperative Service (RB-CS) (Agency), a Rural Development

(RD)agency of the United States Department of Agriculture (USDA), is issuing a final rule to amend the interim rule published on May 22, 2020. The interim rule amended the Business and Industry (B&I) Guaranteed Loan Program to allow flexibility to obligate Federal funds for guaranteed loans pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in response to the national COVID-19 Public Health Emergency. This final rule addresses public comments received on the interim rule and makes clarifying modifications identified by commenters and the Agency. DATES: *Effective date:* November 24, 2023. *Applicability dates:* This final rule applies to applications submitted under the B&I CARES Act Guaranteed Loan Program from May 22, 2020, and received no later than 11:59 p.m. Eastern Time on September 15, 2021, or until Program funding expired on September 30, 2021. FOR FURTHER INFORMATION CONTACT: Mark Brodziski, Deputy Administrator, Rural Business and Cooperative Service, Rural Development, U.S. Department of Agriculture, 1400 Independence Avenue SW, Stop Washington, DC 20250-3221; email: *mark.brodziski@usda.gov;* telephone

(202)205-0903. SUPPLEMENTARY INFORMATION: I. Background Information The RD is a mission area within the USDA that is comprised of the RB-CS, the Rural Housing Service (RHS), and the Rural Utilities Service (RUS). Its mission is to increase economic opportunity and improve the quality of life in rural communities by providing the leadership, infrastructure, access to capital, and technical support that enables rural communities to prosper. To achieve its mission, the RD provides financial support through more than 40 programs including direct loans, grants, loan guarantees, and technical assistance to help improve the quality of life and provide the foundation for economic development in rural areas. The B&I Guaranteed Loan Program was authorized under Section 310B of the Consolidated Farm and Rural Development Act of 1972, as amended by subsequent Farm Bills, with the aim to revitalize and develop rural areas and to help foster a balance between rural and urban America. The loans are made by private lenders to rural businesses for the purposes of creating new businesses, expanding existing businesses, and for other purposes of creating employment opportunities in rural America. Businesses located in rural areas are eligible for this program. Rural areas, as defined at 7 CFR 4279.108(c), are any area of a State other than a city or town that has a population of greater than 50,000 inhabitants and any urbanized area contiguous and adjacent to such a city or town. The types of borrowers that are served by the B&I Guaranteed Loan Program are cooperative organizations, corporations, partnerships, or other legal entities organized and operated on a profit or nonprofit basis; Indian Tribes on a Federal or State reservation or other federally recognized Tribal group; public bodies; or individuals, provided the borrower is engaged in, or proposing to engage in, a business. Loans can be made for a variety of purposes, including business acquisition, expansion, or improvement; purchase of real estate, machinery and equipment, or supplies; limited debt refinancing; and working capital. The rate and term of the loan is negotiated between the business and the lender. On March 13, 2020, the ongoing Coronavirus Disease 2019 (COVID-19) pandemic was declared of sufficient severity and magnitude to warrant an emergency declaration for all States, territories, and the District of Columbia. With the COVID-19 Public Health Emergency, many businesses nationwide began experiencing economic hardship as a direct result of the Federal, State, and local public health measures that were being taken to minimize the public's exposure to the virus. These measures, as well as advice to physically social distance from other people and to stay at home or “shelter in place,” resulted in a dramatic negative impact on the livelihood of many Americans and, in turn, negatively impacted the national economy. In order to provide critical financial relief to American families, on March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act or the Act) (Pub. L. 116-136) to provide emergency assistance and health care response for individuals, families, and businesses affected by the coronavirus pandemic. II. Purpose of This Regulatory Action This final rule updates the B&I CARES Act Program Loans, as implemented in 7 CFR part 4279—Guaranteed Loan Making and 7 CFR part 4287—Servicing and as published in the **Federal Register** on May 22, 2020, as an interim rule. RBCS received funding and authority through Division B, Title I of the CARES Act to provide additional funds for use under the B&I Guaranteed Loan Program to prevent, prepare for, and respond to the effects of the COVID-19 pandemic. The regulatory impact analysis for the interim rule documents the anticipated costs and benefits of the program against the benchmark of no rule ( *i.e.,* absent the interim final rule). In summary, the baseline of the cost benefit analysis for the interim final rule was mostly qualitative using existing information the Agency had from the B&I Guaranteed Loan Program and anticipated results of the provisions in the interim rule that allowed the flexibility to obligate Federal funds for guaranteed loans pursuant to the CARES Act in response to the nation COVID-19 Public Health Emergency. As a result of these considerations and the funding purposes outlined in the CARES Act, the Agency decided to offer the following—using the interim rule—under the B&I CARES Act Program:

(1)90-percent guarantees to all B&I CARES Act funded loans,

(2)2-percent guarantee fee;

(3)acceptance of appraisals completed within 2 years of the date of the application;

(4)no discounting of collateral for working capital loans; and

(5)extension of the maximum term for working capital loans to 10 years. The regulatory impact analysis associated with the interim final rule can be viewed at *www.regulations.gov* under Docket No. RBS-20-BUSINESS-0016. The economic impacts of the final rule are minimal or de minimus when set against the benchmark for the interim final rule. The CARES Act provided $20,500,000 in budgetary authority, which RD anticipated would support an allocation of approximately $951,000,000 in loan guarantees, which supported approximately $811,645,477 in loan guarantees. Applications for B&I CARES Act funds expired at the end of fiscal year 2021 as all available funds were exhausted. Though RD staff have successfully implemented the regulatory requirements, they have determined through their continuous interaction with stakeholders that changes to the interim rule are needed to clarify eligible uses of funds and to further improve program delivery. Eligible uses of funds include the ability of borrowers to address financial needs related to COVID-19 in addition to loss of income, related challenges directly related to COVID-19, and challenges businesses faced in order to return to normal operations, not just losses incurred as a result of COVID-19. This final rule provides clarification of the Agency's position on the eligible use of funds for auditing purposes and future servicing actions including loss payments to lenders. Additionally, the Agency will be able to reference this final rule should the B&I program be utilized again to directly respond to and alleviate the issues resulting from another National Public Health Emergency. III. Summary of Comments and Responses On May 22, 2020 (85 FR 31035), the Agency published an interim rule to supplement the current B&I Guaranteed Loan Program, as implemented in 7 CFR part 4279, Guaranteed Loan Making, and 7 CFR part 4287, Servicing, with the new B&I CARES Act Guaranteed Loan Program (B&I CARES Act Program). The Agency received the following comments from one commenter: *Comment:* The commenter suggested that from experience, the Agency understands that some companies need to expand production due to the pandemic such as Personal Protective Equipment

(PPE)and sanitary products, while others need to provide PPE inventory to staff and protective materials for retail clients, which creates a need for financial assistance for items that also meet the impact of the crisis. *Agency Response:* The Agency agrees with the commenter and clarifies in 7 CFR 4279.190(c)(1) that the borrower may use the program for financial needs related to the COVID-19 Public Health Emergency in general and not just to address the loss of income and to provide funds for operating overhead expenses in response to the epidemic. *Comment:* One commenter stated that there appeared to be contradictory information in the interim regulation between the “Preamble” and the “Eligible Use of Funds” sections. The commenter indicated that the Preamble suggests that the B&I CARES Act Program guaranteed loan funds may be used by rural businesses that require additional working capital to sustain and ramp up business operations once the emergency is resolved. However, the commenter asserted that the “Eligible Use of Funds” section states that B&I CARES Act Program Loans should not exceed the amount needed to overcome the financial distress caused by the COVID-19 Public Health Emergency. The commenter further specified that there appears to be a discrepancy between intent, which includes ramping up business operations, and the actual regulation which appears to only address a shortfall in operating capital. *Agency Response:* The Agency concurs with the concern raised by the commenter and revises 7 CFR 4279.190(c)(1) to include language to address the discrepancy and clarify the intent of the program. *Comment:* One commenter expressed a concern that the B&I CARES Act program could be interpreted to be for the primary purpose of covering operating losses only, rather than for working capital in totality, and further encourages the Agency to recognize that a business may have needs now that were not present pre-Coronavirus, and the business may need more working capital than before the pandemic. *Agency Response:* The Agency concurs with this concern raised by the commenter and revises 7 CFR 4279.190(c)(3)(viii) by adding language to the eligible purposes to include additional expenses due to challenges directly related to the national COVID-19 Public Health Emergency. *Comment:* One commenter commented that the Agency should understand the ever-changing environment that businesses face and allow the B&I CARES Act Program to provide working capital to get the business back on a strong footing. *Agency Response:* The Agency concurs with this statement and revises 7 CFR 4279.190(d)(2) to clarify the intent of the program and the ability to “address challenges” caused by the COVID-19 Public Health Emergency. IV. Summary of Changes The following is a summary list of changes to the B&I CARES Act Program (7 CFR 4279.190) as a result of public comments: 1. Add language in the introductory text of § 4279.190(a) to clarify that a loan is limited to the amount necessary to address a borrower's financial needs related to the COVID-19 Public Health Emergency. 2. In § 4279.190(c)(1) and (2), add language that refers to the challenges faced by borrowers due to the COVID-19 Public Health Emergency in order to clarify the use of the B&I CARES Act Program Loans. 3. In § 4279.190(c)(3)(i), (iv), and (viii), clarify that the eligible use of loan funds for borrowers for challenges directly related to the National COVID-19 Public Health Emergency includes the owner's wages and salaries if these costs were verifiable and constitute historical working capital costs. 4. In § 4279.190(d)(1), (2), and (3), include language clarifying minimum loan amount threshold, inventory and production costs, and the maximum loan amount. The following is a summary list of the technical corrections and clarifications to the B&I CARES Act Program (7 CFR 4279.190): 5. Correct the authority citation for 7 CFR part 4279 by adding 7 U.S.C. 1932(a), which includes 7 CFR 4287, Servicing for the B&I Program. 6. In § 4279.190(c)(5), specify that the Agency should verify ineligibility for Farm Service Agency

(FSA)loan programs, and clarify that agricultural producers must be located in a rural area as defined in 7 CFR 4279.108(c) unless they meet the food processing provisions under 7 CFR 4279.113(y). The interim rule only allowed for eligibility for B&I CARES Act Program Loans if the loan amount exceeded the FSA size limit or the applicant was otherwise ineligible for FSA programs. 7. In § 4279.190(h), add language to clarify loan terms and provisions. 8. In § 4279.190(k)(1) and (3), add language that was originally omitted from the interim rule regarding “tangible balance sheet equity.” 9. In § 4279.190(k)(2), add clarifying language regarding borrower equity allowing additional sources of matching funds, which was inadvertently omitted from the interim rule. 10. In § 4279.190(m), add introductory language to clarify the application information and priority scoring process. 11. In § 4279.190(m)(4)), add language to clarify the use of a borrowers' application request for the B&I CARES Act loan process. Executive Order 12866, Regulatory Planning and Review This final rule has been reviewed by the Office of Management and Budget under Executive Order 12866 and determined to be significant for the purposes of Executive Order 12866. The Executive Order defines a section 3(f)(1) “significant regulatory action” as one that is likely to result in a rule that may

(1)have an annual effect on the economy of $200 million or more or adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities;

(2)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(3)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or

(4)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this E.O. This final rule was determined to be significant because the changes to the B&I Guaranteed Loan Program regulations are estimated to have an impact on the economy of more than $200 million. Executive Order 12988, Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this final rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all State and local laws, and regulations that conflict with this final rule will be preempted. No retroactive effect will be given to this final rule and, in accordance with section 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)), administrative appeal procedures must be exhausted before an action against the Department, or its agencies may be initiated. Executive Order 12372, Intergovernmental Review B&I guaranteed loans are subject to the Provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. The Agency will conduct intergovernmental consultation in accordance with 2 CFR part 415, subpart C. Executive Order 13132, Federalism The policies contained in this final rule do not have any substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this final rule impose substantial direct compliance costs on State and local governments. Therefore, the Agency has determined that consultation with the States is not required. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This final 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. Rural Development has assessed the impact of this final rule on Indian Tribes and determined that this final rule does not, to our knowledge, have Tribal implications that require Tribal consultation under E.O. 13175. If a Tribe would like to engage in consultation with Rural Development on this rule, please contact Rural Development's Tribal Coordinator at

(720)544-2911 or *AIAN@usda.gov.* Regulatory Flexibility Act Certification The Regulatory Flexibility Act

(RFA)generally requires that when an agency issues a proposed rule, or a final rule pursuant to section 553(b) of the APA or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the **Federal Register** in accordance with 5 U.S.C. 603 and 604. Specifically, the RFA normally requires agencies to describe the impact of a rulemaking on small entities by providing a regulatory impact analysis. Such analysis must address the consideration of regulatory options that would lessen the economic effect of the rule on small entities. The RFA defines a “small entity” as

(1)a proprietary firm meeting the size standards of the SBA;

(2)a nonprofit organization that is not dominant in its field; or

(3)a small government jurisdiction with a population of less than 50,000. Except for such small government jurisdictions as defined in 5 U.S.C. 601 (5), neither State nor local governments are considered small entities. Similarly, for purposes of the RFA, individual persons are not small entities. As outlined in 5 U.S.C. 605(b), the requirement to conduct a regulatory impact analysis does not apply if the head of the agency “certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” In addition, 5 U.S.C. 604(a) and 608(b) specifies that the agency must, however, publish the certification in the **Federal Register** at the time of publication of the rule, “along with a statement providing the factual basis for such certification.” If the agency head has not waived the requirements for a regulatory flexibility analysis in accordance with the RFA waiver provision, and no other RFA exception applies, the agency must prepare the regulatory flexibility analysis and publish it in the **Federal Register** at the time of promulgation or, if the rule is promulgated in response to an emergency that makes timely compliance impracticable, within 180 days of publication of the final rule. Rules that are exempt from notice and comment are also exempt from the RFA requirements, including conducting a regulatory flexibility analysis, when among other things, the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. Accordingly, as authorized by sections 553(b)(3)(B) and 553(d) of the APA, as well as supported in the Federal agency source book published by the Small Business Administration's Office of Advocacy, “A Guide to for Government Agencies, How to Comply with the Regulatory Flexibility,” Ch. 1, p. 9., the Agency is not required to conduct a regulatory flexibility analysis. Information Collection and Recordkeeping Requirements In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the information collection activities associated with this final rule are approved under OMB Control Number 0570-0069 and this final rule contains no new reporting or recordkeeping burdens. E-Government Act Compliance The RB-CS is committed to the E-Government Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. National Environmental Policy Act In accordance with the National Environmental Policy Act of 1969, Public Law 91-190, this final rule has been reviewed in accordance with 7 CFR part 1970 (“Environmental Policies and Procedures”). The Agency has determined that

(1)this action meets the criteria established in 7 CFR 1970.53(f);

(2)no extraordinary circumstances exist; and

(3)the action is not “connected” to other actions with potentially significant impacts, is not considered a “cumulative action” and is not precluded by 40 CFR 1506.1. Therefore, the Agency has determined that the action does not have a significant effect on the human environment, and therefore neither an Environmental Assessment nor an Environmental Impact Statement is required. Assistance Listing The program described by this final rule is listed in the Assistance Listings (AL), (formerly Catalog of Federal Domestic Assistance (CFDA)), under number 10.766—Business and Industry Guaranteed Loan Program. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effect of their regulatory actions on State, local, and Tribal governments, and the private sector. Under section 202 of the UMRA, the Agency generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or Tribal governments, in the aggregate, or to the private sector, of $100 million, or more, in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires the Agency to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most cost-effective, or least burdensome alternative that achieves the objectives of the rule. This final rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, and Tribal governments, or the private sector. Therefore, this final rule is not subject to the requirements of sections 202 and 205 of the UMRA. Civil Rights Impact Analysis Rural Development has reviewed this final rule in accordance with USDA Regulation 4300-4, “Civil Rights Impact Analysis,” to identify any major civil rights impacts this final rule might have on program participants on the basis of age, race, color, national origin, sex, or disability. After review and analysis of the final rule and available data, it has been determined that based on the analysis of the program purpose, application submission and eligibility criteria, issuance of this final rule will not likely adversely or disproportionately impact very low, low, and moderate-income populations, minority populations, women, Indian Tribes, or persons with disability, by virtue of their race, color, national origin, sex, age, disability, or marital or familial status. USDA Non-Discrimination Statement In accordance with Federal civil rights laws and USDA civil rights regulations and policies, the USDA, its Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information ( *e.g.,* Braille, large print, audiotape, American Sign Language) should contact the responsible Mission Area, agency, or staff office; or 711 Relay service. To file a program discrimination complaint, a complainant should complete a Form AD-3027, *USDA Program Discrimination Complaint Form,* which can be obtained online at *https://www.usda.gov/sites/default/files/documents/ad-3027.pdf* from any USDA office, by calling

(866)632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights

(ASCR)about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:

(1)*Mail:* U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; or

(2)*Fax:*

(833)256-1665 or

(202)690-7442; or

(3)*Email: Program.Intake@usda.gov.* USDA is an equal opportunity provider, employer, and lender. List of Subjects for 7 CFR Parts 4279 Loan programs-business, Reporting and recordkeeping requirements, Rural areas. Accordingly, for reasons set forth in the preamble, 7 CFR part 4279 is amended as set forth below: PART 4279—GUARANTEED LOANMAKING 1. The authority citation for part 4279 is revised to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989: 7 U.S.C. 1932(a); and Public Law 116-136, Division B, Title I. Subpart B—Business and Industry Loans 2. Amend § 4279.190 by: a. Revising and republishing paragraph (a); b. Revising and republishing paragraphs (c)(1), (2), (3), and (5); c. Revising and republishing paragraphs (d)(1), (2), and (3); d. Revising and republishing paragraph (h); e. Revising and republishing paragraphs (k)(1), (2), and (3); f. Adding introductory text to paragraph (m); and g. Revising paragraph (m)(4). The revisions, republications, and addition read as follows: § 4279.190 Business and Industry national COVID-19 Public Health Emergency Loans.

(a)*Introduction.* This section contains regulations for the Business and Industry National COVID-19 Public Health Emergency loan program (B&I CARES Act Program Loans). The purpose of the program is to provide loan guarantees under the authority of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Pub. L. 116-136). These B&I CARES Act Program Loans cover costs to prevent, prepare for, and respond to the coronavirus limited to the amount necessary to address the borrower's financial needs related to the COVID-19 Public Health Emergency. Consistent with the purposes of the CARES Act, the Agency has determined that the most effective use of these program funds is to support the cost of guaranteed loans to rural businesses to respond to the coronavirus. No B&I CARES Act Program Loan guarantee will be approved after September 30, 2021. All provisions of subparts A and B of this part and subpart B of part 4287 of this chapter apply to B&I CARES Act Program Loans, except as provided in this section. All forms used in connection with a B&I CARES Act Program Loan will be those used with other Business and Industry (B&I) loans, except as provided in this section.

(c)* * *

(1)*Purpose.* The purpose of any B&I CARES Act Program Loan must be to cover costs to prevent, prepare for, and respond to the coronavirus pandemic, limited to the amount necessary to address the borrower's financial needs related to the COVID-19 Public Health Emergency, in accordance with paragraph

(a)of this section. B&I CARES Act Program Loans should not exceed the amount needed to overcome the financial distress or related challenges caused by the COVID-19 Public Health Emergency.

(2)*Use of loan proceeds.* Notwithstanding the provisions of § 4279.113, B&I CARES Act Program guaranteed loans will be limited to loans for working capital loan purposes in accordance with paragraph (c)(3) of this section. Loan proceeds may be used only to support facilities and business operations in rural areas and the Borrower must have been in operation on February 15, 2020. Loan proceeds must be disbursed through multiple draws on an as-needed monthly basis. Loan proceeds issued in full at loan closing must be evidenced by documented need provided by the lender and with concurrence of the Agency.

(3)*Eligible working capital uses.* Eligible working capital uses of B&I CARES Act Program Loan funds are limited to:

(i)Wages, salaries, sales commissions to employees, group healthcare benefits, and other employee benefits; owner's wages and salaries may be considered if these costs are verifiable and constitute historical working capital costs;

(ii)Administrative expenses and administrative service contracts;

(iii)Property insurance, hazard insurance, and other business insurance;

(iv)Principal and interest payments on outstanding debt excluding owner/stockholder debt and related-party debts; payments may include existing Business & Industry loan payments to bring loans current as loan payments to a creditor are a working capital expense;

(v)Rent, payments on leases, and routine maintenance;

(vi)Utilities;

(vii)Inventory, feed, seed, fertilizer and chemicals, livestock (excluding livestock for breeding) and supplies;

(viii)Marketing, shipping, and other expenses incurred through normal business operations or such additional expenses due to challenges directly related to the national COVID-19 Public Health Emergency;

(ix)Taxes; and

(x)Loan costs and essential loan-related expenses.

(5)*Agricultural production.* The provisions of § 4279.113(q) do not apply to B&I CARES Act Program Loans. Loans for working capital to support agricultural production, including independent agricultural production, is an eligible use of funds when the applicant's loan request exceeds the maximum loan available through FSA guaranteed loan programs or the applicant's request is otherwise ineligible for FSA loans. The Agency should verify ineligibility for FSA loan programs. Agricultural producers must be located in a rural area as defined in 7 CFR 4279.108(c) unless they meet the requirements provided for under 7 CFR 4279.113(y).

(d)* * *

(1)The provisions of § 4279.119(a) do not apply to B&I CARES Act Program Loans. The total amount of B&I and B&I CARES Act Program Loans to one borrower (including the guaranteed and unguaranteed portions, the outstanding principal and interest balance of any existing B&I guaranteed loans, and the new loan request) cannot exceed $25 million. There is no minimum threshold for B&I CARES Act Program loans.

(2)The amount of the B&I CARES Act Program Loan shall be based on a cash flow analysis and must not be greater than the amount needed to address challenges caused by the COVID-19 emergency, including those related to inventory and production costs, so that the business is reestablished on a successful basis. Losses and business operating expenses that were adequately paid by insurance or by loans or grants from other sources will not be covered by B&I CARES Act Program Loans. The B&I CARES Act Program Loans may be used to supplement insurance payments or assistance from other sources when the insurance coverage or other assistance is insufficient. The amount of the B&I CARES Act Program loan will be reduced by any SBA Paycheck Protection Program

(PPP)loans received by the borrower.

(3)The maximum loan amount of the B&I CARES Act Program Loan for working capital purposes may not exceed 12 times the borrower's total average monthly costs of eligible working capital loan purposes less the total amount of covered loans received under the provisions of sections 1102 and 1110(a)(2) of the CARES Act and other Federal emergency assistance received. Annual tax returns may be utilized to calculate the maximum loan amount under the B&I CARES Act Program. It is the Agency's preference to review the last three full years of operations to calculate average working capital expenses for the borrower. If three years of financial information is not available, then actual working capital expenses for the business duration may be evaluated. Borrowers, who have not been in operation for a full year may estimate an average monthly cost of eligible working capital based on available historical months as long as they were in operation as of February 15, 2020.

(h)*Loan terms.* Notwithstanding the provisions of § 4279.126, the maximum allowable repayment term of loans for working capital purposes is 10 years. Loan repayment may defer principal payments or principal and interest payments for a period up to 12 months from loan closing and may extend deferral of principal payments up to a total of three years with a maximum repayment term of 10 years from the date of loan closing. B&I CARES Act Program Loans must be paid in full since the B&I CARES Act Program provides no loan forgiveness.

(k)* * *

(1)A minimum of 10 percent balance sheet equity or tangible balance sheet equity (including subordinated debt when subject to a standstill agreement); or a maximum debt-to-balance sheet equity ratio of 9 to 1.

(2)A Borrower investment of equity or other funds into the project equal to 10 percent or more of total eligible project costs, (such investment may include grants or subordinated debt when subject to a standstill agreement). Additional sources of matching funds may be derived from other loan funds; however, such funds must be in the form of cash. In-kind contributions are not eligible to meet equity requirements; or

(3)The balance sheet equity or tangible balance sheet equity includes owner-contributed capital of 10 percent or more of total fixed assets (net total fixed assets plus depreciation).

(m)* * * Applications are to be received and processed in the State Office in the State where the business is located. Funds will be maintained in a National Office Reserve account. The Agency will consider applications in the order they are received by the Agency on a first come, first served basis. Priority scoring will not be needed initially, however towards the end of the funding period the Agency will need to assign priority points for the limited remaining funds and for this purpose the Agency will score and compare an application to other pending applications that are competing for funding in accordance with 7 CFR 4279.166.

(4)A lender or borrower may combine applications for a B&I CARES Act Program loan for working capital with an application for B&I appropriated fiscal year funds. State Offices are allowed to use the same lender's analysis for each request. The existing Conditional Commitment template can be used for B&I CARES Act Program loans and deletion of certain provisions that do not impact the borrower or credit quality can be removed. Business Program Directors are encouraged to contact the National Office Program Processing Division with any questions regarding borrower eligibility, use of B&I loan proceeds, calculations of the loan amount or borrower equity, and any other questions related to a specific project. The provisions of this section do not apply to applications for B&I appropriated fiscal year funds. Karama Neal, Administrator, Rural Business-Cooperative Service. [FR Doc. 2023-25908 Filed 11-22-23; 8:45 am]

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