82 FR 43670 - Water and Waste Loans and Grants

DEPARTMENT OF AGRICULTURE
Rural Utilities Service

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range		43670-43671
FR Document		2017-19839

The Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), is revising the regulation used to process water and waste disposal loans and grants to remove the reference to the 11-GO Bond Buyer Index. This change will allow the Agency to respond to changes in indices and potentially reduce the budget authority necessary to fund the program.

Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)

[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43670-43671]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-19839]

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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1780

RIN 0572-AC36

Water and Waste Loans and Grants

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Rural Utilities Service (RUS), a Rural Development agency
of the United States Department of Agriculture (USDA), is revising the
regulation used to process water and waste disposal loans and grants to
remove the reference to the 11-GO Bond Buyer Index. This change will
allow the Agency to respond to changes in indices and potentially
reduce the budget authority necessary to fund the program.

DATES: This rule is effective October 19, 2017.

FOR FURTHER INFORMATION CONTACT: Susan Woolard, Community Programs
Specialist, Rural Utilities Service, U.S. Department of Agriculture,
STOP 1570, 1400 Independence Ave. SW., Washington, DC 20250-0787,
telephone: (202) 720-9631. Email contact susan.woolard@wdc.usda.gov.
Additional Information about Rural Development and its programs is
available on the Internet at https://www.rd.usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final rule has been determined to be non-significant for
purposes of Executive Order (E.O.) 12866 and therefore has not been
reviewed by the Office of Management and Budget (OMB).

Catalog of Federal Domestic Assistance

The affected programs are listed in the Catalog of Federal Domestic
Assistance (CFDA) Program under 10.760, Water and Waste Disposal
Systems for Rural Communities. This catalog is available electronically
through the free CFDA Web site on the Internet at https://www.cfda.gov/. The print edition may be purchased by calling the
Superintendent of Documents at (202) 512-1800 or toll free at (866)
512-1800, or by ordering online at https://bookstore.thefederalregister.org/.

Executive Order 12372, Intergovernmental Review of Federal Programs

This program is subject to the provisions of Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. RUS conducts intergovernmental consultations for each loan
in the manner delineated in 2 CFR part 200 and 400.

Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments

The Agency has determined that this final rule does not have a
substantial direct effect on one or more Indian tribe(s) or on either
the relationship or the distribution of powers and responsibilities
between the Federal Government and Indian tribes. Thus, this final rule
is not subject to the requirements of Executive Order 13175.
Consequently, the Agency will not conduct tribal consultation sessions.

Executive Order 12988, Civil Justice Reform

This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. In accordance with this final rule: (1) All State
and local laws and regulations that are in conflict with this rule will
be preempted; (2) No retroactive effect will be given to this rule; and
(3) Administrative proceedings of the National Appeals Division (7 CFR
part 11) must be exhausted before bringing suit in court challenging
action taken under this rule.

National Environmental Policy Act Certification

The final rule has been reviewed in accordance with 7 CFR part
1970, Environmental Policies and Procedures. The Agency has determined
that this action does not constitute a major Federal action
significantly affecting the quality of the human environment and, in
accordance with the National Environmental Policy Act (NEPA) of 1969,
42 U.S.C. 4321 et seq., an Environmental Impact Statement is not
required. Loan and grant applications will be reviewed individually to
determine compliance with Agency environmental regulations and with
NEPA.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, RUS
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 RUS 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.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601-602) (RFA) generally
requires an agency to prepare a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA) or any other statute. This final
rule; however, is not subject to the APA under 5 U.S.C. 553(a)(2) and 5
U.S.C. 553(b)(3)(A) nor any other statute.

Executive Order 13132, Federalism

It has been determined, under E.O. 13132, Federalism, that 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.

E-Government Act Compliance

The Agency is committed to complying with 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 and to promote the use of the Internet
and other information technologies to provide increased opportunities
for citizen access to Government information and services, and for
other purposes.

[[Page 43671]]

Information Collection and Recordkeeping Requirements

In accordance with the Paperwork Reduction Act of 1995, the
paperwork burden associated with this final rule has been approved by
the Office of Management and Budget (OMB) under the currently approved
OMB Control Number 0572-0121. The Agency has determined that the
changes in the rule do not substantially change current data
collection.

USDA Non-Discrimination Statement

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 in any program or activity conducted or funded by the
Department. (Not all prohibited basis will apply to all programs and/or
employment activities.) 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 (PDF), found
online at http://www.ascr.usda.gov/complaint_filing_cust.html, or 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 to
request the form. Submit your completed complaint form or letter to
USDA by:
(1) Mail at U.S. Department of Agriculture, Office of Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW., Washington,
DC 20250-9410, by Fax (202) 690-7442 or Email at
program.intake@usda.gov.
USDA is an equal opportunity provider, employer, and lender.

Background and Discussion of the Rule

The Rural Utilities Service's (RUS) water and waste program is
administered by Water and Environmental Programs (WEP). The water and
waste loan and grant programs are authorized by various sections of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.), as
amended to provide loan and grant funds to rural areas (populations of
10,000 or less) to construct, enlarge, extend, or otherwise improve
rural water, sanitary sewage, solid waste disposal, and storm
wastewater disposal facilities.
Agency regulations provide for a three-tier interest rate structure
for its direct water and waste disposal loans. The tiers are market,
intermediate, and poverty. Currently, market rate is set using as
guidance the average of the Bond Buyer (11-GO Bond) Index for the four
weeks prior to the first Friday of the last month before the beginning
of the quarter, with intermediate and poverty rates set as percentages
of the market rate at 80 percent and 60 percent respectively. In
addition to providing the interest rate for Agency direct loans, these
rates play an integral part in the modeling of the subsidy rate for the
program.
In order to more effectively manage the subsidy rate and reduce the
need for appropriations, beginning in fiscal year 2018, the Agency is
issuing a final rule to use the 20-GO Bond Index to set the market
rate. In order for the Agency to respond more quickly to indices
changes, the Agency is issuing a final rule to change the current
reference from a specific bond index to reflect that the Agency is
using as guidance the average of the Bond Buyer Index (available in any
Agency office or the program's Web site) for the four weeks prior to
the first Friday of the last month before the beginning of the quarter.
To implement this change the Agency will publish this as a final
rule. The Administrative Procedure Act exempts from prior notice rules,
``relating to agency management or personnel or to public property,
loans, grants, benefits, or contracts'' (5 U.S.C. 553(b)(A)).

Summary of Changes to Rule

Rates and Terms (Sec. 1780.13)

This section outlines how rates are set for Agency loans,
qualifications for each interest rate, and, repayment terms. The Agency
revises Sec. 1780.13(e) to remove the reference to the 11-GO Bond
index in order to allow greater flexibility to respond to changes in
bond indices.

List of Subjects in 7 CFR Part 1780

Community development, Credit, Loan programs, Rural areas, Waste
treatment and disposal, Water supply and treatment.

For the reasons set forth in the preamble, under the authority at 5
U.S.C. 301, 7 U.S.C. 1989, and 16 U.S.C. 1005, RUS amends Chapter XVII,
Title 7, of the Code of Federal Regulations, as follows:

PART 1780--WATER AND WASTE LOANS AND GRANTS

0
1. The authority citation for part 1780 continues to read as follows:

Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

0
2. Amend Sec. 1780.13 by revising paragraph (d) to read as follows:

Sec. 1780.13 Rates and terms.

* * * * *
(d) Market rate. The market interest rate will be set using as
guidance the average of the Bond Buyer Index (available in any Agency
office or the program's Web site) for the four weeks prior to the first
Friday of the last month before the beginning of the quarter. The
market rate will apply to all loans that do not qualify for a different
rate under paragraph (b) or (c) of this section.
* * * * *

Dated: August 29, 2017.
Christopher A. Mclean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2017-19839 Filed 9-18-17; 8:45 am]
BILLING CODE 3410-15-P

43670 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations

Dated: September 11, 2017. Executive Order 12372, RUS generally must prepare a written
Bruce Summers, Intergovernmental Review of Federal statement, including a cost-benefit
Acting Administrator, Agricultural Marketing Programs analysis, for proposed and final rules
Service. This program is subject to the with Federal mandates that may result
[FR Doc. 2017–19554 Filed 9–18–17; 8:45 am] provisions of Executive Order 12372, in expenditures to State, local, or tribal
BILLING CODE 3410–02–P which requires intergovernmental governments, in the aggregate, or to the
consultation with State and local private sector, of $100 million or more
officials. RUS conducts in any one year. When such a statement
DEPARTMENT OF AGRICULTURE intergovernmental consultations for is needed for a rule, section 205 of the
each loan in the manner delineated in UMRA generally requires RUS to
Rural Utilities Service
2 CFR part 200 and 400. identify and consider a reasonable
7 CFR Part 1780 Executive Order 13175, Consultation number of regulatory alternatives and
and Coordination With Indian Tribal adopt the least costly, most cost-
RIN 0572–AC36 effective, or least burdensome
Governments
Water and Waste Loans and Grants The Agency has determined that this alternative that achieves the objectives
final rule does not have a substantial of the rule.
AGENCY: Rural Utilities Service, USDA.
direct effect on one or more Indian This final rule contains no Federal
ACTION: Final rule. tribe(s) or on either the relationship or mandates (under the regulatory
SUMMARY: The Rural Utilities Service the distribution of powers and provisions of title II of the UMRA) for
(RUS), a Rural Development agency of responsibilities between the Federal State, local, and tribal governments or
the United States Department of Government and Indian tribes. Thus, the private sector. Therefore, this final
Agriculture (USDA), is revising the this final rule is not subject to the rule is not subject to the requirements
regulation used to process water and requirements of Executive Order 13175. of sections 202 and 205 of the UMRA.
waste disposal loans and grants to Consequently, the Agency will not
remove the reference to the 11–GO Bond conduct tribal consultation sessions. Regulatory Flexibility Act
Buyer Index. This change will allow the Executive Order 12988, Civil Justice The Regulatory Flexibility Act (5
Agency to respond to changes in indices Reform U.S.C. 601–602) (RFA) generally
and potentially reduce the budget requires an agency to prepare a
authority necessary to fund the program. This final rule has been reviewed
under Executive Order 12988, Civil regulatory flexibility analysis of any rule
DATES: This rule is effective October 19,
Justice Reform. In accordance with this subject to notice and comment
2017.
final rule: (1) All State and local laws rulemaking requirements under the
FOR FURTHER INFORMATION CONTACT: and regulations that are in conflict with Administrative Procedure Act (APA) or
Susan Woolard, Community Programs this rule will be preempted; (2) No any other statute. This final rule;
Specialist, Rural Utilities Service, U.S. retroactive effect will be given to this however, is not subject to the APA
Department of Agriculture, STOP 1570, rule; and (3) Administrative proceedings under 5 U.S.C. 553(a)(2) and 5 U.S.C.
1400 Independence Ave. SW., of the National Appeals Division (7 CFR
Washington, DC 20250–0787, telephone: 553(b)(3)(A) nor any other statute.
part 11) must be exhausted before
(202) 720–9631. Email contact bringing suit in court challenging action Executive Order 13132, Federalism
susan.woolard@wdc.usda.gov. taken under this rule.
Additional Information about Rural It has been determined, under E.O.
Development and its programs is National Environmental Policy Act 13132, Federalism, that the policies
available on the Internet at https:// Certification contained in this final rule do not have
www.rd.usda.gov. The final rule has been reviewed in any substantial direct effect on states, on
SUPPLEMENTARY INFORMATION: accordance with 7 CFR part 1970, the relationship between the national
Environmental Policies and Procedures. government and the states, or on the
Executive Order 12866 The Agency has determined that this distribution of power and
This final rule has been determined to action does not constitute a major responsibilities among the various
be non-significant for purposes of Federal action significantly affecting the levels of government. Nor does this final
Executive Order (E.O.) 12866 and quality of the human environment and, rule impose substantial direct
therefore has not been reviewed by the in accordance with the National compliance costs on state and local
Office of Management and Budget Environmental Policy Act (NEPA) of governments. Therefore, consultation
(OMB). 1969, 42 U.S.C. 4321 et seq., an with the states is not required.
Environmental Impact Statement is not
Catalog of Federal Domestic Assistance E-Government Act Compliance
required. Loan and grant applications
The affected programs are listed in the will be reviewed individually to
Catalog of Federal Domestic Assistance The Agency is committed to
determine compliance with Agency
(CFDA) Program under 10.760, Water complying with the E-Government Act,
environmental regulations and with
and Waste Disposal Systems for Rural which requires Government agencies in
NEPA.
Communities. This catalog is available general to provide the public the option
asabaliauskas on DSKBBXCHB2PROD with RULES

electronically through the free CFDA Unfunded Mandates Reform Act of submitting information or transacting
Web site on the Internet at https:// Title II of the Unfunded Mandates business electronically to the maximum
www.cfda.gov/. The print edition may Reform Act of 1995 (UMRA), Public extent possible and to promote the use
be purchased by calling the Law 104–4, establishes requirements for of the Internet and other information
Superintendent of Documents at (202) Federal agencies to assess the effects of technologies to provide increased
512–1800 or toll free at (866) 512–1800, their regulatory actions on State, local, opportunities for citizen access to
or by ordering online at https:// and tribal governments and the private Government information and services,
bookstore.gpo.gov/. sector. Under section 202 of the UMRA, and for other purposes.

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Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43671

Information Collection and Background and Discussion of the Rule List of Subjects in 7 CFR Part 1780
Recordkeeping Requirements Community development, Credit,
The Rural Utilities Service’s (RUS)
In accordance with the Paperwork water and waste program is Loan programs, Rural areas, Waste
Reduction Act of 1995, the paperwork administered by Water and treatment and disposal, Water supply
burden associated with this final rule Environmental Programs (WEP). The and treatment.
has been approved by the Office of water and waste loan and grant For the reasons set forth in the
Management and Budget (OMB) under programs are authorized by various preamble, under the authority at 5
the currently approved OMB Control sections of the Consolidated Farm and U.S.C. 301, 7 U.S.C. 1989, and 16 U.S.C.
Number 0572–0121. The Agency has Rural Development Act (7 U.S.C. 1926 1005, RUS amends Chapter XVII, Title
determined that the changes in the rule et seq.), as amended to provide loan and 7, of the Code of Federal Regulations, as
do not substantially change current data grant funds to rural areas (populations follows:
collection.
of 10,000 or less) to construct, enlarge,
USDA Non-Discrimination Statement extend, or otherwise improve rural PART 1780—WATER AND WASTE
water, sanitary sewage, solid waste LOANS AND GRANTS
In accordance with Federal civil
rights law and U.S. Department of disposal, and storm wastewater disposal
■ 1. The authority citation for part 1780
Agriculture (USDA) civil rights facilities.
continues to read as follows:
regulations and policies, the USDA, its Agency regulations provide for a
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
Agencies, offices, and employees, and three-tier interest rate structure for its U.S.C. 1005.
institutions participating in or direct water and waste disposal loans.
administering USDA programs are The tiers are market, intermediate, and ■ 2. Amend § 1780.13 by revising
prohibited from discriminating based on poverty. Currently, market rate is set paragraph (d) to read as follows:
race, color, national origin, religion, sex, using as guidance the average of the § 1780.13 Rates and terms.
gender identity (including gender Bond Buyer (11–GO Bond) Index for the * * * * *
expression), sexual orientation, four weeks prior to the first Friday of (d) Market rate. The market interest
disability, age, marital status, family/ the last month before the beginning of rate will be set using as guidance the
parental status, income derived from a the quarter, with intermediate and average of the Bond Buyer Index
public assistance program, political poverty rates set as percentages of the (available in any Agency office or the
beliefs, or reprisal or retaliation for prior market rate at 80 percent and 60 percent program’s Web site) for the four weeks
civil rights in any program or activity respectively. In addition to providing prior to the first Friday of the last month
conducted or funded by the Department. the interest rate for Agency direct loans, before the beginning of the quarter. The
(Not all prohibited basis will apply to these rates play an integral part in the
all programs and/or employment market rate will apply to all loans that
modeling of the subsidy rate for the do not qualify for a different rate under
activities.) Remedies and complaint program.
filing deadlines vary by program or paragraph (b) or (c) of this section.
In order to more effectively manage * * * * *
incident. the subsidy rate and reduce the need for
Persons with disabilities who require Dated: August 29, 2017.
appropriations, beginning in fiscal year
alternative means of communication for Christopher A. Mclean,
2018, the Agency is issuing a final rule
program information (e.g., Braille, large Acting Administrator, Rural Utilities Service.
to use the 20–GO Bond Index to set the
print, audiotape, American Sign
market rate. In order for the Agency to [FR Doc. 2017–19839 Filed 9–18–17; 8:45 am]
Language, etc.) should contact the
responsible Agency or USDA’s TARGET respond more quickly to indices BILLING CODE 3410–15–P

center at (202) 720–2600 (voice and changes, the Agency is issuing a final
TTY) or contact USDA through the rule to change the current reference
Federal Relay Service at (800) 877–8339. from a specific bond index to reflect that DEPARTMENT OF TRANSPORTATION
Additionally, program information may the Agency is using as guidance the
be made available in languages other average of the Bond Buyer Index Federal Aviation Administration
than English. To file a program (available in any Agency office or the
discrimination complaint, complete the program’s Web site) for the four weeks 14 CFR Part 39
USDA Program Discrimination prior to the first Friday of the last month [Docket No. FAA–2017–0339; Product
Complaint Form (PDF), found online at before the beginning of the quarter. Identifier 2016–NM–078–AD; Amendment
http://www.ascr.usda.gov/complaint_ To implement this change the Agency 39–19042; AD 2017–19–12]
filing_cust.html, or at any USDA office, will publish this as a final rule. The RIN 2120–AA64
or write a letter addressed to USDA and Administrative Procedure Act exempts
provide in the letter all of the from prior notice rules, ‘‘relating to Airworthiness Directives; Airbus
information requested in the form. agency management or personnel or to Airplanes
To request a copy of the complaint public property, loans, grants, benefits,
form, call (866) 632–9992 to request the or contracts’’ (5 U.S.C. 553(b)(A)). AGENCY: Federal Aviation
form. Submit your completed complaint Administration (FAA), Department of
form or letter to USDA by: Summary of Changes to Rule Transportation (DOT).
(1) Mail at U.S. Department of Rates and Terms (§ 1780.13) ACTION: Final rule.
asabaliauskas on DSKBBXCHB2PROD with RULES

Agriculture, Office of Assistant
Secretary for Civil Rights, 1400 This section outlines how rates are set SUMMARY: We are superseding
Independence Avenue SW., for Agency loans, qualifications for each Airworthiness Directive (AD) 2014–13–
Washington, DC 20250–9410, by Fax interest rate, and, repayment terms. The 17, which applied to all Airbus Model
(202) 690–7442 or Email at Agency revises § 1780.13(e) to remove A300 series airplanes; Airbus Model
program.intake@usda.gov. the reference to the 11–GO Bond index A300 B4–600, B4–600R, and F4–600R
USDA is an equal opportunity in order to allow greater flexibility to series airplanes, and Model A300 C4–
provider, employer, and lender. respond to changes in bond indices. 605R Variant F airplanes (collectively

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Document Created: 2018-10-24 14:18:26
Document Modified: 2018-10-24 14:18:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective October 19, 2017.
Contact		Susan Woolard, Community Programs Specialist, Rural Utilities Service, U.S. Department of Agriculture, STOP 1570, 1400 Independence Ave. SW., Washington, DC 20250-0787, telephone: (202) 720-9631. Email contact [email protected] Additional Information about Rural Development and its programs is available on the Internet at https://www.rd.usda.gov.
FR Citation		82 FR 43670
RIN Number		0572-AC36
CFR Associated		Community Development; Credit; Loan Programs; Rural Areas; Waste Treatment and Disposal and Water Supply and Treatment

82 FR 43670 - Water and Waste Loans and Grants

DEPARTMENT OF AGRICULTURERural Utilities Service

Federal Register Volume 82, Issue 180 (September 19, 2017)

DEPARTMENT OF AGRICULTURE
Rural Utilities Service