This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

45031 

Vol. 83, No. 172 

Wednesday, September 5, 2018 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Parts 1709, 1739, 1776, and 1783 

RIN 0572–AC39 

Announcement Process for Rural 

Utilities Service Grant Programs 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Rural Utilities Service 

(RUS) is issuing a final rule to conform 

with newly implemented uniform 

posting requirements for federal grants, 

so that interested applicants need only 

search one federal posting site on grant 

opportunities. 

DATES: This final rule is effective 

September 5, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Michele Brooks, Regulations Team 

Lead, Rural Development Innovation 

Center, U.S. Department of Agriculture, 

STOP 1522, 1400 Independence Ave. 

SW, Washington, DC 20250–1550, 

Telephone number: (202) 690–1078. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866, Regulatory 

Planning and Review, and therefore has 

not been reviewed by the Office of 

Management and Budget (OMB). 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. The Agency has 

determined that this rule meets the 

applicable standards provided in 

section 3 of the Executive Order. In 

addition, all state and local laws and 

regulations that are in conflict with this 

rule will be preempted. No retroactive 

effect will be given to this 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 

This final rule is not subject to the 

requirements of Executive Order 12372, 

‘‘Intergovernmental Review,’’ as 

implemented under USDA’s regulations 

at 2 CFR part 415, subpart C. 

Executive Order 13771 

The programs affected by this 

rulemaking are not subject to Executive 

Order 13771 as they are considered 

transfer programs and are exempt from 

the Executive Order. 

Regulatory Flexibility Act Certification 

RUS has determined that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities, as defined in 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.). The matter covered by this 

rulemaking is administrative, 

concerning the Agency’s process for 

implementation of the program. 

Environmental Impact Statement 

This final rule has been examined 

under Agency environmental 

regulations at 7 CFR part 1970. The 

Administrator has determined that this 

is not a major Federal action 

significantly affecting the environment. 

Therefore, in accordance with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.), an 

Environmental Impact Statement is not 

required. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance (CFDA) numbers assigned to 

these programs are 10.859, ‘‘Assistance 

to High Energy Cost Rural 

Communities,’’ 10.862, ‘‘Household 

Water Well System Grant Program,’’ 

10.863, ‘‘Community Connect Grant 

Program,’’ and 10.864 ‘‘Grant Program to 

Establish a Fund for Financing Water 

and Wastewater Projects.’’ The Catalog 

is available on the internet at http://

www.cfda.gov. The CFDA website also 

contains a PDF file version of the 

Catalog. 

Unfunded Mandates 

This final rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995) for state, 

local, and tribal governments or the 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995. 

E-Government Act Compliance 

RUS is committed to the EGovernment 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. 

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, 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 governmentto-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 rule on Indian tribes and 

determined that this 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 Native 

American Coordinator at (720) 544– 

2911 or AIAN@wdc.usda.gov. 


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45032 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations 

USDA Non-Discrimination Policy 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, the USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA’s TARGET 

Center at (202) 720–2600 (voice and 

TTY) or contact USDA through the 

Federal Relay Service at (800) 877–8339. 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at http://

www.ascr.usda.gov/complaint_filing_

cust.html and at any USDA office or 

write a letter addressed to USDA and 

provide in the letter all of the 

information requested in the form. To 

request a copy of the complaint form, 

call (866) 632–9992. Submit your 

completed form or letter to USDA by: (1) 

Mail: U.S. Department of Agriculture, 

Office of the Assistant Secretary for 

Civil Rights, 1400 Independence 

Avenue SW, Washington, DC 20250– 

9410; (2) fax: 1 (833) 256–1665; or (3) 

email: program.intake@usda.gov. USDA 

is an equal opportunity provider, 

employer, and lender. 

Information Collection and 

Recordkeeping Requirements 

This final rule contains no new 

reporting or recordkeeping burdens 

under OMB control numbers 0572– 

0127, 0572–0136, 0572–0138, and 0572– 

0139 that would require approval under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. Chapter 35). 

Background 

Rural Development is a mission area 

within the USDA comprised of the 

Rural Utilities Service, Rural Housing 

Service, and Rural Business/Cooperative 

Service. Rural Development’s mission is 

to increase economic opportunity and 

improve the quality of life for all rural 

Americans. Rural Development meets 

its mission by providing loans, loan 

guarantees, grants, and technical 

assistance through more than 40 

programs aimed at creating and 

improving housing, businesses, and 

infrastructure throughout rural America. 

In accordance with Executive Order 

13777, Enforcing the Regulatory Reform 

Agenda, RUS was tasked with 

identifying duplicative actions that can 

be streamlined which could result in 

time and cost savings. In doing so, RUS 

identified certain RUS grant regulations 

require that a Notice of Funds 

Availability (NOFA) be published in the 

Federal Register on an annual basis to 

announce the open/close period for the 

grant programs. Given that federal 

agencies must now publish grant 

Funding Opportunity Announcements 

(FOA) on www.Grants.gov, several 

agency regulations must now be 

amended to conform with the Uniform 

Administrative Requirements, Cost 

Principles, And Audit Requirements For 

Federal Awards in 2 CFR part 200. All 

pertinent information that the public 

will need to apply for each of the grant 

programs will be included in the FOA 

as required by 2 CFR 200.203. In 

addition, the agency will include the 

information on the program website and 

in the program application guide, which 

will be linked to the FOA. 

Interested parties may subscribe to 

funding opportunities on Grants.gov by 

logging in to www.Grants.gov and 

choosing the ‘‘Connect’’ tab to access 

the ‘‘Connect Center.’’ Subscribing to 

opportunities, will allow users to 

receive updates and notifications for 

specific funding opportunities. 

To implement these changes, RUS is 

publishing this action as a final rule. 

The Administrative Procedures Act 

exempts from prior notice rules any 

actions ‘‘relating to agency management 

or personnel or to public property, 

loans, grants, benefits, or contracts’’ (5 

U.S.C. 553(b)(A)). 

List of Subjects 

7 CFR Part 1709 

Administrative practice and 

procedure, Electric power, Grant 

programs—energy, Loan programs— 

energy, Reporting and recordkeeping 

requirements, Rural areas. 

7 CFR Part 1739 

Grant programs—communications, 

Rural areas, Telecommunications, 

Telephone. 

7 CFR Part 1776 

Agriculture, Community 

development, Community facilities, 

Credit, Grant programs—housing and 

community development, Nonprofit 

organizations, Reporting and 

recordkeeping requirements, Rural 

areas, Waste treatment and disposal, 

Water pollution control, Water 

resources, Water supply, Watersheds. 

7 CFR Part 1783 

Business and industry, Community 

development, Community facilities, 

Grant programs-housing and community 

development, Reporting and 

recordkeeping requirements, Rural 

areas, Waste treatment and disposal, 

Water supply, Watersheds. 

Accordingly, for reasons set forth in 

the preamble, 7 CFR parts 1709, 1739, 

1776, and 1783 are amended as follows: 

PART 1709—ASSISTANCE TO HIGH 

COST ENERGY COMMUNITIES 

■ 1. The authority citation for part 1709 

continues to read as follows: 

Authority: 5 U.S.C. 301, 7 U.S.C. 901 et 

seq. 

Subpart A—General Requirements 

■ 2. Amend § 1709.3 by adding a 

definition for ‘‘Funding opportunity 

announcement’’ in alphabetical order to 

read as follows: 

§ 1709.3 Definitions. 

* * * * * 

Funding opportunity announcement 

(FOA) means a publicly available 

document by which a Federal agency 

makes know its intentions to award 

discretionary grants or cooperative 

agreements, usually as a result of 

competition for funds. FOA 

announcements may be known as 

program announcements, notices of 

funding availability, solicitations, or 

other names depending on the agency 

and type of program. FOA 

announcements can be found at 

www.Grants.gov in the Search Grants 

tab and on the funding agency’s or 

program’s website. 

* * * * * 

Subpart B—RUS High Energy Cost 

Grant Program 

■ 3. Revise § 1709.114 to read as 

follows: 

§ 1709.114 Application process. 

The RUS will request applications for 

high energy cost grants on a competitive 

basis by posting a FOA on 

www.Grant.gov. The FOA will establish 


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Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations 45033 

the amount of funds available, the 

application package contents and 

additional requirements, the availability 

of application materials, high energy 

cost community eligibility benchmarks, 

selection criteria and weights, priority 

considerations, deadlines and 

procedures for submitting applications. 

This information will also be made 

available in the RUS High Energy Cost 

Grant program application guide and 

the RUS High Energy Cost Grant 

program website. 

■ 4. Amend § 1709.121 by revising 

paragraph (d) to read as follows: 

§ 1709.121 Administrator’s review and 

selection of grant awards. 

* * * * * 

(d) In the event an insufficient 

number of eligible applications are 

received in response to a FOA and 

selected for funding to exhaust the 

funds available, the Administrator 

reserves the discretion to reopen the 

application period and to accept 

additional applications for 

consideration under the terms of the 

FOA. Another FOA regarding the 

reopening of an application period will 

be announced on www.Grants.gov. 

PART 1739—BROADBAND GRANT 

PROGRAM 

■ 5. The authority citation for part 1739 

continues to read as follows: 

Authority: Title III, Pub. L. 108–199, 118 

Stat. 3. 

Subpart A—Community Connect Grant 

Program 

■ 6. Amend § 1739.1 by revising the 

third sentence of paragraph (a) to read 

as follows: 

§ 1739.1 Purpose. 

(a) * * * The Agency will give 

priority to rural areas that have the 

greatest need for broadband services, 

based on the criteria contained herein 

and in the RUS Community Connect 

Program application guide and/or the 

Community Connect Program website 

and in the funding opportunity 

announcement (FOA) posted on 

www.Grants.gov. 

* * * * * 

■ 7. Revise § 1739.2 to read as follows: 

§ 1739.2 Funding availability and 

application dates and submission. 

(a) The Agency will post a FOA on 

www.Grants.gov that will set forth the 

total amount of funding available; the 

maximum and minimum funding for 

each grant; funding priority; the 

application submission dates; and the 

appropriate addresses and agency 

contact information. The FOA will also 

outline and explain the procedures for 

submission of applications, including 

electronic submissions. The Agency 

may publish more than one FOA should 

additional funding become available. 

This information will also be made 

available in the RUS Community 

Connect Grant program application 

guide and on the RUS Community 

Connect Grant program website. 

(b) Notwithstanding paragraph (a) of 

this section, the Agency may, in 

response to a surplus of qualified 

eligible applications which could not be 

funded from the previous fiscal year, 

decline to post a FOA for the following 

fiscal year and fund said applications 

without further public notice. 

■ 8. Amend § 1739.3 by revising the first 

sentence of the definitions of 

‘‘Broadband Grant Speed’’ and 

‘‘Broadband service’’ and by adding the 

definition of ‘‘Funding opportunity 

agreement’’ in alphabetical order to read 

as follows: 

§ 1739.3 Definitions. 

* * * * * 

Broadband Grant Speed means the 

minimum bandwidth described in the 

funding opportunity that an applicant 

must propose to deliver to every 

customer in the proposed funded 

service area in order for the Agency to 

approve a broadband grant. * * * 

Broadband service means any 

terrestrial technology having the 

capacity to provide transmission 

facilities that enable subscribers of the 

service to originate and receive highquality voice, data, graphics, and video 

at the minimum rate of data 

transmission described in the funding 

opportunity. * * * 

* * * * * 

Funding opportunity announcement 

(FOA) means a publicly available 

document by which a Federal agency 

makes know its intentions to award 

discretionary grants or cooperative 

agreements, usually as a result of 

competition for funds. FOA 

announcements may be known as 

program announcements, notices of 

funding availability, solicitations, or 

other names depending on the agency 

and type of program. FOA 

announcements can be found at 

www.Grants.gov in the Search Grants 

tab and on the funding agency’s or 

program’s website. 

* * * * * 

■ 9. Amend § 1739.15 by revising the 

introductory text to read as follows: 

§ 1739.15 Completed application. 

Applications should be prepared in 

conformance with the provisions of this 

part and all applicable regulations, 

including 2 CFR part 200, as adopted by 

USDA through 2 CFR part 400. 

Applicants must also conform to the 

requirements of the FOA posted on 

www.Grants.gov, the RUS Community 

Connect Grant program application 

guide, and the Community Connect 

Grant program website. Applicants 

should refer to the FOA and the 

application guide for submission 

directions. The application guide 

contains instructions and forms, as well 

as other important information needed 

to prepare an application and is updated 

on an annual basis. Paper copies of the 

application guide can be requested by 

contacting the Loan Origination and 

Approval Division at 202–720–0800. 

Completed applications must include 

the following documentation, studies, 

reports and information, in form and 

substance satisfactory to the Agency: 

* * * * * 

■ 10. Amend § 1739.16 by revising the 

first sentence of paragraph (a) to read as 

follows: 

§ 1739.16 Review of grant applications. 

(a) All applications for grants must be 

delivered to the Agency at the address 

and by the date specified in the FOA, 

the Community Connect Grant program 

application guide and the Community 

Connect Grant program website (see 

§ 1739.2) to be eligible for funding. 

* * * 

* * * * * 

■ 11. Amend § 1739.17 by revising 

paragraph (d)(7) to read as follows: 

§ 1739.17 Scoring of applications. 

* * * * * 

(d) * * * 

(7) Any other additional factors that 

may be outlined in the FOA, the 

Community Connect Grant program 

application guide, and the Community 

Connect Grant program website. 

PART 1776—HOUSEHOLD WATER 

WELL SYSTEM GRANT PROGRAM 

■ 12. The authority citation for part 

1776 continues to read as follows: 

Authority: 7 U.S.C. 1926e. 

■ 13. Amend § 1776.3 by adding a 

definition for ‘‘Funding opportunity 

announcement’’ in alphabetical order to 

read as follows: 

§ 1776.3 Definitions. 

* * * * * 

Funding opportunity announcement 

(FOA) means a publicly available 


daltland on DSKBBV9HB2PROD with RULES
45034 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations 

document by which a Federal agency 

makes know its intentions to award 

discretionary grants or cooperative 

agreements, usually as a result of 

competition for funds. FOA 

announcements may be known as 

program announcements, notices of 

funding availability, solicitations, or 

other names depending on the agency 

and type of program. FOA 

announcements can be found at 

www.Grants.gov in the Search Grants 

tab and on the funding agency’s or 

program’s website. 

* * * * * 

■ 14. Revise § 1776.6 to read as follows: 

§ 1776.6 Funding availability. 

A FOA will be posted to 

www.Grants.gov in fiscal years that 

funds are available for this program. The 

FOA will establish the period during 

which applications for such funds may 

be submitted for consideration. 

■ 15. Amend § 1776.8 by revising 

paragraph (d) to read as follows: 

§ 1776.8 Methods for submitting 

applications. 

* * * * * 

(d) The methods of submitting 

applications may be changed from time 

to reflect changes in addresses and 

electronic submission procedures. The 

applicant should refer to the most recent 

FOA for notice of any such changes. In 

the event of any discrepancy, the most 

recent FOA must be followed. 

PART 1783—REVOLVING FUNDS FOR 

FINANCING WATER AND 

WASTEWATER PROJECTS 

(REVOLVING FUND PROGRAM) 

■ 16. The authority citation for part 

1783 continues to read as follows: 

Authority: 7 U.S.C. 1926 (a)(2)(B). 

Subpart A—General 

■ 17. Amend § 1783.3 by adding a 

definition for ‘‘Funding opportunity 

announcement’’ in alphabetical order to 

read as follows: 

§ 1783.3 What definitions are used in this 

regulation? 

* * * * * 

Funding opportunity announcement 

(FOA) means a publicly available 

document by which a Federal agency 

makes know its intentions to award 

discretionary grants or cooperative 

agreements, usually as a result of 

competition for funds. FOA 

announcements may be known as 

program announcements, notices of 

funding availability, solicitations, or 

other names depending on the agency 

and type of program. FOA 

announcements can be found at 

Grants.gov in the Search Grants tab and 

on the funding agency’s or program’s 

website. 

* * * * * 

Subpart B—Revolving Loan Program 

Grants 

■ 18. Revise § 1783.6 to read as follows: 

§ 1783.6 When will applications for grants 

be accepted? 

A FOA will be posted to 

www.Grants.gov in fiscal years that 

funds are available for this program. The 

FOA will establish the period during 

which applications for such funds may 

be submitted for consideration. 

■ 19. Amend § 1783.8 by revising the 

second sentence of paragraph (c) to read 

as follows: 

§ 1783.8 What are the acceptable methods 

for submitting applications? 

* * * * * 

(c) * * * Applicants should refer to 

the most recent FOA for notice of any 

such changes. In the event of any 

discrepancy, the information contained 

in the FOA must be followed. * * * 

Dated: August 27, 2018. 

Christopher A. McLean, 

Acting Administrator, Rural Utilities Service. 

[FR Doc. 2018–19199 Filed 9–4–18; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2015–0309; Special 

Conditions No. 25–594A–SC] 

Special Conditions: The Boeing 

Company (Boeing) Model 747–8 

Airplane, Dynamic Test Requirements 

for Single-Occupant, Oblique (SideFacing) Seats, With or Without Airbag 

Devices or 3-Point Restraints 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Amended final special 

conditions; request for comments. 

SUMMARY: These amended special 

conditions are issued for the Boeing 

Model 747–8 airplane. This amendment 

states that the Boeing Model 747–8 

airplane oblique (side-facing) seats may 

be installed at an angle of 18 to 45 

degrees to the airplane centerline and 

may include a 3-point or airbag restraint 

system, or both, for occupant restraint 

and injury protection. Additionally, this 

amendment changes paragraphs 4 

through 8 of the special conditions 

section. This airplane will have novel or 

unusual design features when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport category airplanes. These 

design features are oblique (side-facing) 

single-occupant seats equipped with or 

without airbag devices or 3-point 

restraints. 

The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for these 

design features. These special 

conditions contain the additional safety 

standards the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: This action is effective on Boeing 

on September 5, 2018. Send comments 

on or before October 22, 2018. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2015–0309 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket website, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478). 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 


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