83_FR_11922 83 FR 11869 - Hispanic-Serving Agricultural Colleges and Universities (HSACU) Certification Process

83 FR 11869 - Hispanic-Serving Agricultural Colleges and Universities (HSACU) Certification Process

DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture

Federal Register Volume 83, Issue 53 (March 19, 2018)

Page Range11869-11871
FR Document2018-05541

This amendment to NIFA regulations updates the list of institutions that are granted Hispanic-Serving Agricultural Colleges and Universities (HSACU) certification by the Secretary and are eligible for HSACU programs for the period starting October 1, 2017, and ending September 30, 2018.

Federal Register, Volume 83 Issue 53 (Monday, March 19, 2018)
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11869-11871]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05541]


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DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture

7 CFR Part 3434

RIN 0524-AA39


Hispanic-Serving Agricultural Colleges and Universities (HSACU) 
Certification Process

AGENCY: National Institute of Food and Agriculture (NIFA), USDA.

ACTION: Final rule.

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

SUMMARY: This amendment to NIFA regulations updates the list of 
institutions that are granted Hispanic-Serving Agricultural Colleges 
and Universities (HSACU) certification by the Secretary and are 
eligible for HSACU programs for the period starting October 1, 2017, 
and ending September 30, 2018.

DATES: This rule is effective March 19, 2018 and applicable October 1, 
2017.

FOR FURTHER INFORMATION CONTACT: Joanna Moore; Senior Policy 
Specialist; National Institute of Food and Agriculture; U.S. Department 
of Agriculture; STOP 2272; 1400 Independence Avenue SW, Washington, DC 
20250-2272; Voice: 202-690-6011; Fax: 202-401-7752; Email: 
jmoore@nifa.usda.gov.

SUPPLEMENTARY INFORMATION: 

HSACU Institutions for Fiscal Year 2018

    This rule makes changes to the existing list of institutions in 
appendix B of 7 CFR part 3434. The list of institutions is amended to 
reflect the institutions that are granted HSACU certification by the 
Secretary and are eligible for HSACU programs for the period starting 
October 1, 2017, and ending September 30, 2018.

Certification Process

    As stated in 7 CFR 3434.4, an institution must meet the following 
criteria to receive HSACU certification: (1) Be a Hispanic-Serving 
Institution (HSI), (2) offer agriculture-related degrees, (3) not 
appear on the Excluded Parties List System (EPLS), (4) be accredited, 
and (5) award at least 15% of agriculture-related degrees to Hispanic 
students over the two most recent academic years.
    NIFA obtained the latest report from the U.S. Department of 
Education's National Center for Education Statistics that lists all 
HSIs and the degrees conferred by these institutions (completion data) 
during the 2015-16 academic year. NIFA used this report to identify 
HSIs that conferred a degree in an instructional program that appears 
in appendix A of 7 CFR part 3434 and to confirm that over the 2014-15 
and 2015-16 academic years at least 15% of the degrees in agriculture-
related fields were awarded to Hispanic students. NIFA further 
confirmed that these institutions were nationally accredited and were 
not on the exclusions listing in the System for Award Management 
(https://www.sam.gov/portal/SAM/##11).
    The updated list of HSACUs is based on (1) completions data from 
2014-15 and 2015-16, and (2) enrollment data from Fall 2016. NIFA 
identified 147 institutions that met the eligibility criteria to 
receive HSACU certification for FY 2018 (October 1, 2017 to September 
30, 2018).

Declaration of Intent To Opt Out of HSACU Designation and Apply for Non 
Land-Grant College of Agriculture (NLGCA) Designation

    As set forth in Section 7101 of the Agricultural Act of 2014 (Pub. 
L. 113-79), which amends 7 U.S.C. 3103, an institution that is eligible 
to be designated as an HSACU may notify the Secretary of its intent not 
to be considered an HSACU. Institutions that opt out of HSACU 
designation will have the option to apply for designation as a Non-Land 
Grant College of Agriculture (NLGCA) institution. To opt out of 
designation as an HSACU, an authorized official at the institution must 
submit a declaration of intent not to be considered an HSACU to NIFA by 
email at NLGCA.status@nifa.usda.gov. In accordance with Section 7101, a 
declaration by an institution not to be considered an HSACU shall 
remain in effect until September 30, 2018. To be eligible for NLGCA 
designation, institutions must be public colleges or universities 
offering baccalaureate or higher degrees in the study of food and 
agricultural sciences, as defined in 7 U.S.C. 3103. An online form to 
request NLGCA designation is available at http://nifa.usda.gov/webform/
request-

[[Page 11870]]

non-land-grant-college-agriculture-designation.
    In FYs 2016 and 2017, one institution opted out of HSACU 
designation and received NLGCA designation, hence that institution is 
excluded from the FY 2018 HSACU list.

Appeal Process

    As set forth in 7 CFR 3434.8, NIFA will permit HSIs that are not 
granted HSACU certification to submit an appeal within 30 days of the 
publication of this document.

Classification

    This rule relates to internal agency management. Accordingly, 
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity 
for comment are not required, and this rule may be made effective less 
than 30 days after publication in the Federal Register. This rule also 
is exempt from the provisions of Executive Order 12866. This action is 
not a rule as defined by the Regulatory Flexibility Act, as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 5 
U.S.C. 601 et seq., or the Congressional Review Act, 5 U.S.C. 801 et 
seq., and thus is exempt from the provisions of those Acts. This rule 
contains no information collection or recordkeeping requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 3434

    Administrative practice and procedure, Agricultural research, 
education, extension, Hispanic-serving institutions, Federal 
assistance.

    Accordingly, part 3434 of title 7 of the Code of Federal 
Regulations is amended as set forth below:

PART 3434--HISPANIC-SERVING AGRICULTURAL COLLEGES AND UNIVERSITIES 
CERTIFICATION PROCESS

0
1. The authority citation for part 3434 continues to read as follows:

    Authority:  7 U.S.C. 3103.


0
2. Revise appendix B to read as follows:

Appendix B to Part 3434--List of HSACU Institutions, 2017-2018

    The institutions listed in this appendix are granted HSACU 
certification by the Secretary and are eligible for HSACU programs 
for the period starting October 1, 2017, and ending September 30, 
2018. Institutions are listed alphabetically under the state of the 
school's location, with the campus indicated where applicable.

Arizona (6)

Arizona Western College
Central Arizona College
Cochise County Community College
Phoenix College
Pima Community College
University of Arizona

California (63)

Allan Hancock College
Antioch University-Los Angeles
Bakersfield College
Cabrillo College
California Baptist University
California State University-San Bernardino
California State University-Dominguez Hills
California State University-Long Beach
California State University-Los Angeles
California State University-East Bay
University of California-Irvine
University of California-Riverside
University of California-Santa Barbara
University of California-Santa Cruz
California Lutheran University
Chaffey College
Craft Hills College
College of the Desert
College of the Sequoias
Cosumnes River College
Cuesta College
Cuyamaca College
El Camino Community College District
Foothill College
Fresno Pacific University
Fullerton College
Golden West College
Hartnell College
Imperial Valley College
Las Positas College
Long Beach City College
Los Angeles Pierce College
Mendocino College
Merced College
Mills College
MiraCosta College
Modesto Junior College
Mt. San Antonio College
Mt. San Jacinto Community College District
Napa Valley College
National University
Orange Coast College
Pacific Union College
Porterville College
Reedley College
Santa Ana College
Santa Barbara City College
Santa Monica College
San Bernardino Valley College
San Diego City College
San Diego Mesa College
San Diego State University
San Jose State University
Saint Mary's College of California
Southwestern College
University of California-Irvine
University of California-Riverside
University of California-Santa Cruz
Victor Valley College
West Hills College-Coalinga
Whittier College
Woodland Community College
Yuba College

Colorado (2)

Aims Community College
Community College of Denver

Florida (5)

Broward College
Florida International University
Miami Dade College
Palm Beach State College
Valencia College

Illinois (1)

Dominican University

Kansas (3)

Dodge City Community College
Garden City Community College
Seward County Community College and Area Technical School

Massachusetts (1)

Springfield Technical Community College

Nevada (2)

College of Southern Nevada
Truckee Meadows Community College

New Jersey (5)

Essex County College
Kern University
Saint Peter's University

New Mexico (10)

Central New Mexico Community College
Eastern New Mexico University-Main Campus
Eastern New Mexico University-Ruidoso Campus
Mesalands Community College
New Mexico Highlands University
Northern New Mexico College
Santa Fe Community College
Western New Mexico University
University of New Mexico-Los Alamos Campus
University of New Mexico-Main Campus

New York (5)

CUNY City College
CUNY Hunter College
CUNY LaGuardia Community College
Mercy College
SUNY Westchester Community College

Oregon (1)

Chemeketa Community College

Puerto Rico (15)

Instituto Tecnologico de Puerto Rico-Recinto de Manati
Inter American University of Puerto Rico-Aguadilla
Inter American University of Puerto Rico-Bayamon
Inter American University of Puerto Rico-Metro
Inter American University of Puerto Rico-San German
Inter American University of Puerto Rico-Ponce
Pontifical Catholic University of Puerto Rico-Ponce
Universidad Del Turabo
Universidad Metropolitana
University of Puerto Rico-Arecibo
University of Puerto Rico-Humacao
University of Puerto Rico-Utuado
University of Puerto Rico-Medical Sciences
University of Puerto Rico-Rio Piedras
University of Puerto Rico-Mayaguez

[[Page 11871]]

Texas (24)

Concordia University-Texas
Houston Community College
McLennan Community College
Odessa College
Palo Alto College
Saint Edwards's University
San Antonio College
Southwest Texas Junior College
South Plains College
St. Mary's University
Tarrant County College District
Texas State Technical College
Texas A & M International University
Texas A & M University-Corpus Christi
The University of Texas at El Paso
The University of Texas Rio Grande Valley
The University of Texas at San Antonio
The University of Texas at Brownsville
University of Houston
University of Houston-Clear Lake
University of the Incarnate Word
University of St. Thomas
Western Texas College
Wayland Baptist University

Washington (4)

Columbia Basin College
Heritage University
Wenatchee Valley College
Yakima Valley Community College

    Done in Washington, DC, this 8th day of March 2018.
Sonny Ramaswamy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2018-05541 Filed 3-16-18; 8:45 am]
 BILLING CODE 3410-22-P



                                                                 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations                                         11869

                                              to the private sector. UMRA generally                   Farm Loan Manager, or Senior Farm                     (1) Be a Hispanic-Serving Institution
                                              requires agencies to consider                           Loan Officer, Farm Loan Officer, Loan                 (HSI), (2) offer agriculture-related
                                              alternatives and adopt the more cost                    Analyst, Loan Resolution Specialist, or               degrees, (3) not appear on the Excluded
                                              effective or least burdensome alternative               Program Technician.                                   Parties List System (EPLS), (4) be
                                              that achieves the objectives of the rule.                 (2) May establish procedures for                    accredited, and (5) award at least 15%
                                              This rule contains no Federal mandates,                 further redelegation or limitation of                 of agriculture-related degrees to
                                              as defined in Title II of UMRA, for State,              authority.                                            Hispanic students over the two most
                                              local, and Tribal governments or private                *     *    *     *     *                              recent academic years.
                                              sector. Therefore, this rule is not subject                                                                      NIFA obtained the latest report from
                                              to the requirements of sections 202 and                 Steven J. Peterson,                                   the U.S. Department of Education’s
                                              205 of UMRA.                                            Acting Administrator, Farm Service Agency.            National Center for Education Statistics
                                                                                                      [FR Doc. 2018–05466 Filed 3–16–18; 8:45 am]           that lists all HSIs and the degrees
                                              Paperwork Reduction Act                                 BILLING CODE 3410–01–P                                conferred by these institutions
                                                In accordance with the Paperwork                                                                            (completion data) during the 2015–16
                                              Reduction Act of 1995 (44 U.S.C. 3501–                                                                        academic year. NIFA used this report to
                                              3520), the rule does not change the                     DEPARTMENT OF AGRICULTURE                             identify HSIs that conferred a degree in
                                              approved information collection                                                                               an instructional program that appears in
                                              approved under OMB control number                       National Institute of Food and                        appendix A of 7 CFR part 3434 and to
                                              0560–0238, General Program                              Agriculture                                           confirm that over the 2014–15 and
                                              Administration.                                                                                               2015–16 academic years at least 15% of
                                                                                                      7 CFR Part 3434                                       the degrees in agriculture-related fields
                                              E-Government Act Compliance                                                                                   were awarded to Hispanic students.
                                                                                                      RIN 0524–AA39
                                                FSA is committed to complying with                                                                          NIFA further confirmed that these
                                              the E-Government Act, to promote the                    Hispanic-Serving Agricultural Colleges                institutions were nationally accredited
                                              use of the internet and other                           and Universities (HSACU) Certification                and were not on the exclusions listing
                                              information technologies to provide                     Process                                               in the System for Award Management
                                              increased opportunities for citizen                                                                           (https://www.sam.gov/portal/SAM/
                                              access to Government information and                    AGENCY:  National Institute of Food and               ##11).
                                              services and other purposes.                            Agriculture (NIFA), USDA.                                The updated list of HSACUs is based
                                                                                                      ACTION: Final rule.                                   on (1) completions data from 2014–15
                                              List of Subjects in 7 CFR Part 761
                                                                                                      SUMMARY:   This amendment to NIFA                     and 2015–16, and (2) enrollment data
                                                Accounting, Loan programs—                                                                                  from Fall 2016. NIFA identified 147
                                              agriculture, Rural areas.                               regulations updates the list of
                                                                                                                                                            institutions that met the eligibility
                                                                                                      institutions that are granted Hispanic-
                                                For reasons discussed above, FSA                                                                            criteria to receive HSACU certification
                                                                                                      Serving Agricultural Colleges and
                                              amends 7 CFR chapter VII as follows:                                                                          for FY 2018 (October 1, 2017 to
                                                                                                      Universities (HSACU) certification by
                                                                                                                                                            September 30, 2018).
                                              PART 761—FARM LOAN PROGRAMS;                            the Secretary and are eligible for
                                                                                                      HSACU programs for the period starting                Declaration of Intent To Opt Out of
                                              GENERAL PROGRAM
                                                                                                      October 1, 2017, and ending September                 HSACU Designation and Apply for Non
                                              ADMINISTRATION
                                                                                                      30, 2018.                                             Land-Grant College of Agriculture
                                              ■ 1. The authority citation for part 761                DATES: This rule is effective March 19,               (NLGCA) Designation
                                              continues to read as follows:                           2018 and applicable October 1, 2017.                     As set forth in Section 7101 of the
                                                  Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.          FOR FURTHER INFORMATION CONTACT:                      Agricultural Act of 2014 (Pub. L. 113–
                                              ■   2. Revise § 761.1(b) to read as follows:            Joanna Moore; Senior Policy Specialist;               79), which amends 7 U.S.C. 3103, an
                                                                                                      National Institute of Food and                        institution that is eligible to be
                                              § 761.1   Introduction.                                 Agriculture; U.S. Department of                       designated as an HSACU may notify the
                                              *     *     *     *      *                              Agriculture; STOP 2272; 1400                          Secretary of its intent not to be
                                                (b) The Deputy Administrator:                         Independence Avenue SW, Washington,                   considered an HSACU. Institutions that
                                                (1) Delegates to each State Executive                 DC 20250–2272; Voice: 202–690–6011;                   opt out of HSACU designation will have
                                              Director within the State Executive                     Fax: 202–401–7752; Email: jmoore@                     the option to apply for designation as a
                                              Director’s jurisdiction the authority, and              nifa.usda.gov.                                        Non-Land Grant College of Agriculture
                                              in the absence of the State Executive                   SUPPLEMENTARY INFORMATION:                            (NLGCA) institution. To opt out of
                                              Director, the person acting in that                                                                           designation as an HSACU, an
                                              position, to act for, on behalf of, and in              HSACU Institutions for Fiscal Year                    authorized official at the institution
                                              the name of the United States of                        2018                                                  must submit a declaration of intent not
                                              America or the Farm Service Agency to                      This rule makes changes to the                     to be considered an HSACU to NIFA by
                                              do and perform acts necessary in                        existing list of institutions in appendix             email at NLGCA.status@nifa.usda.gov.
                                              connection with making and                              B of 7 CFR part 3434. The list of                     In accordance with Section 7101, a
                                              guaranteeing loans, such as, but not                    institutions is amended to reflect the                declaration by an institution not to be
                                              limited to, making advances, servicing                  institutions that are granted HSACU                   considered an HSACU shall remain in
                                              loans and other indebtedness, and                       certification by the Secretary and are                effect until September 30, 2018. To be
                                              obtaining, servicing, and enforcing or                  eligible for HSACU programs for the                   eligible for NLGCA designation,
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                                              releasing security and other instruments                period starting October 1, 2017, and                  institutions must be public colleges or
                                              related to the loan. For actions that do                ending September 30, 2018.                            universities offering baccalaureate or
                                              not result in a loss to the Farm Service                                                                      higher degrees in the study of food and
                                              Agency, a State Executive Director may                  Certification Process                                 agricultural sciences, as defined in 7
                                              redelegate authorities received under                     As stated in 7 CFR 3434.4, an                       U.S.C. 3103. An online form to request
                                              this paragraph to a Farm Loan Chief,                    institution must meet the following                   NLGCA designation is available at
                                              Farm Loan Specialist, District Director,                criteria to receive HSACU certification:              http://nifa.usda.gov/webform/request-


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                                              11870              Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations

                                              non-land-grant-college-agriculture-                     Arizona (6)                                           Florida (5)
                                              designation.                                            Arizona Western College                               Broward College
                                                In FYs 2016 and 2017, one institution                 Central Arizona College                               Florida International University
                                              opted out of HSACU designation and                      Cochise County Community College                      Miami Dade College
                                              received NLGCA designation, hence that                  Phoenix College                                       Palm Beach State College
                                                                                                      Pima Community College                                Valencia College
                                              institution is excluded from the FY 2018                University of Arizona
                                              HSACU list.                                                                                                   Illinois (1)
                                                                                                      California (63)
                                              Appeal Process                                                                                                Dominican University
                                                                                                      Allan Hancock College
                                                As set forth in 7 CFR 3434.8, NIFA                    Antioch University-Los Angeles                        Kansas (3)
                                              will permit HSIs that are not granted                   Bakersfield College                                   Dodge City Community College
                                              HSACU certification to submit an                        Cabrillo College                                      Garden City Community College
                                                                                                      California Baptist University                         Seward County Community College and Area
                                              appeal within 30 days of the publication                California State University-San Bernardino              Technical School
                                              of this document.                                       California State University-Dominguez Hills
                                                                                                      California State University-Long Beach                Massachusetts (1)
                                              Classification
                                                                                                      California State University-Los Angeles               Springfield Technical Community College
                                                 This rule relates to internal agency                 California State University-East Bay
                                                                                                      University of California-Irvine                       Nevada (2)
                                              management. Accordingly, pursuant to
                                              5 U.S.C. 553, notice of proposed                        University of California-Riverside                    College of Southern Nevada
                                              rulemaking and opportunity for                          University of California-Santa Barbara                Truckee Meadows Community College
                                                                                                      University of California-Santa Cruz
                                              comment are not required, and this rule                 California Lutheran University                        New Jersey (5)
                                              may be made effective less than 30 days                 Chaffey College                                       Essex County College
                                              after publication in the Federal                        Craft Hills College                                   Kern University
                                              Register. This rule also is exempt from                 College of the Desert                                 Saint Peter’s University
                                              the provisions of Executive Order                       College of the Sequoias
                                                                                                      Cosumnes River College                                New Mexico (10)
                                              12866. This action is not a rule as
                                              defined by the Regulatory Flexibility                   Cuesta College                                        Central New Mexico Community College
                                              Act, as amended by the Small Business                   Cuyamaca College                                      Eastern New Mexico University-Main
                                                                                                      El Camino Community College District                    Campus
                                              Regulatory Enforcement Fairness Act of                  Foothill College                                      Eastern New Mexico University-Ruidoso
                                              1996, 5 U.S.C. 601 et seq., or the                      Fresno Pacific University                               Campus
                                              Congressional Review Act, 5 U.S.C. 801                  Fullerton College                                     Mesalands Community College
                                              et seq., and thus is exempt from the                    Golden West College                                   New Mexico Highlands University
                                              provisions of those Acts. This rule                     Hartnell College                                      Northern New Mexico College
                                              contains no information collection or                   Imperial Valley College                               Santa Fe Community College
                                              recordkeeping requirements under the                    Las Positas College                                   Western New Mexico University
                                              Paperwork Reduction Act of 1995 (44                     Long Beach City College                               University of New Mexico–Los Alamos
                                              U.S.C. 3501 et seq.).                                   Los Angeles Pierce College                              Campus
                                                                                                      Mendocino College                                     University of New Mexico-Main Campus
                                              List of Subjects in 7 CFR Part 3434                     Merced College
                                                                                                      Mills College                                         New York (5)
                                                Administrative practice and                           MiraCosta College                                     CUNY City College
                                              procedure, Agricultural research,                       Modesto Junior College                                CUNY Hunter College
                                              education, extension, Hispanic-serving                  Mt. San Antonio College                               CUNY LaGuardia Community College
                                              institutions, Federal assistance.                       Mt. San Jacinto Community College District            Mercy College
                                                                                                      Napa Valley College                                   SUNY Westchester Community College
                                                Accordingly, part 3434 of title 7 of the              National University
                                              Code of Federal Regulations is amended                  Orange Coast College                                  Oregon (1)
                                              as set forth below:                                     Pacific Union College                                 Chemeketa Community College
                                                                                                      Porterville College
                                              PART 3434—HISPANIC-SERVING                                                                                    Puerto Rico (15)
                                                                                                      Reedley College
                                              AGRICULTURAL COLLEGES AND                               Santa Ana College                                     Instituto Tecnologico de Puerto Rico-Recinto
                                              UNIVERSITIES CERTIFICATION                              Santa Barbara City College                              de Manati
                                              PROCESS                                                 Santa Monica College                                  Inter American University of Puerto Rico-
                                                                                                      San Bernardino Valley College                           Aguadilla
                                              ■ 1. The authority citation for part 3434               San Diego City College                                Inter American University of Puerto Rico-
                                                                                                      San Diego Mesa College                                  Bayamon
                                              continues to read as follows:
                                                                                                      San Diego State University                            Inter American University of Puerto Rico-
                                                  Authority: 7 U.S.C. 3103.                           San Jose State University                               Metro
                                                                                                      Saint Mary’s College of California                    Inter American University of Puerto Rico-San
                                              ■ 2. Revise appendix B to read as                                                                               German
                                                                                                      Southwestern College
                                              follows:                                                University of California-Irvine                       Inter American University of Puerto Rico-
                                              Appendix B to Part 3434—List of                         University of California-Riverside                      Ponce
                                                                                                      University of California-Santa Cruz                   Pontifical Catholic University of Puerto Rico–
                                              HSACU Institutions, 2017–2018
                                                                                                      Victor Valley College                                   Ponce
                                                The institutions listed in this appendix are                                                                Universidad Del Turabo
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                                                                                                      West Hills College-Coalinga
                                              granted HSACU certification by the Secretary            Whittier College                                      Universidad Metropolitana
                                              and are eligible for HSACU programs for the             Woodland Community College                            University of Puerto Rico-Arecibo
                                              period starting October 1, 2017, and ending             Yuba College                                          University of Puerto Rico-Humacao
                                              September 30, 2018. Institutions are listed                                                                   University of Puerto Rico-Utuado
                                              alphabetically under the state of the school’s          Colorado (2)                                          University of Puerto Rico-Medical Sciences
                                              location, with the campus indicated where               Aims Community College                                University of Puerto Rico-Rio Piedras
                                              applicable.                                             Community College of Denver                           University of Puerto Rico-Mayaguez



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                                                                 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations                                          11871

                                              Texas (24)                                                 The Director of the Federal Register               and result in loss of structural integrity
                                              Concordia University-Texas                              approved the incorporation by reference               of the wing, and consequent reduced, or
                                              Houston Community College                               of a certain publication listed in this AD            complete loss of, controllability of the
                                              McLennan Community College                              as of April 23, 2018.                                 airplane.
                                              Odessa College
                                                                                                      ADDRESSES: For service information                    Comments
                                              Palo Alto College
                                              Saint Edwards’s University                              identified in this final rule, contact
                                              San Antonio College                                     Aviation Partners Boeing, 2811 South                    We gave the public the opportunity to
                                              Southwest Texas Junior College                          102nd St., Suite 200, Seattle, WA 98168;              participate in developing this final rule.
                                              South Plains College                                    phone: 1–206–830–7699; fax: 1–206–                    The following presents the comments
                                              St. Mary’s University                                   767–3355; email: leng@                                received on the NPRM and the FAA’s
                                              Tarrant County College District                         aviationpartners.com; internet: http://               response to each comment. Aviation
                                              Texas State Technical College                           www.aviationpartnersboeing.com. You                   Partners Boeing concurred with the
                                              Texas A & M International University                    may view this service information at the              proposed AD.
                                              Texas A & M University-Corpus Christi
                                              The University of Texas at El Paso                      FAA, Transport Standards Branch, 2200
                                                                                                                                                            Request for Manufacturer To Share
                                              The University of Texas Rio Grande Valley               South 216th St., Des Moines, WA. For
                                                                                                                                                            Expense
                                              The University of Texas at San Antonio                  information on the availability of this
                                              The University of Texas at Brownsville                  material at the FAA, call 206–231–3195.                 One commenter, Mary Lou Allen,
                                              University of Houston                                   It is also available on the internet at               requested that the airplane
                                              University of Houston-Clear Lake                        http://www.regulations.gov by searching               manufacturer share in the expense with
                                              University of the Incarnate Word                        for and locating Docket No. FAA–2017–                 the airplane’s purchaser or owner,
                                              University of St. Thomas                                0903.                                                 because of the high costs associated
                                              Western Texas College
                                              Wayland Baptist University                              Examining the AD Docket                               with supplemental type certificates. We
                                                                                                                                                            infer that the commenter wants
                                              Washington (4)                                            You may examine the AD docket on                    manufacturers to be required to help
                                              Columbia Basin College                                  the internet at http://                               pay for compliance with the proposed
                                              Heritage University                                     www.regulations.gov by searching for                  AD.
                                              Wenatchee Valley College                                and locating Docket No. FAA–2017–
                                              Yakima Valley Community College
                                                                                                                                                              We do not agree to this request. We
                                                                                                      0903; or in person at the Docket
                                                                                                                                                            provide estimates of the cost on U.S.
                                                Done in Washington, DC, this 8th day of               Management Facility between 9 a.m.
                                                                                                                                                            operators for AD compliance, but do not
                                              March 2018.                                             and 5 p.m., Monday through Friday,
                                                                                                                                                            determine who is responsible for
                                              Sonny Ramaswamy,                                        except Federal holidays. The AD docket
                                                                                                                                                            payment. We are aware that airplane
                                              Director, National Institute of Food and                contains this final rule, the regulatory
                                                                                                                                                            manufacturers and modifiers often have
                                              Agriculture.                                            evaluation, any comments received, and
                                                                                                                                                            warranty agreements with owners and
                                              [FR Doc. 2018–05541 Filed 3–16–18; 8:45 am]             other information. The address for the
                                                                                                                                                            operators to cover some or all of the
                                                                                                      Docket Office (phone: 800–647–5527) is
                                              BILLING CODE 3410–22–P                                                                                        costs of modifications or repairs, but we
                                                                                                      Docket Management Facility, U.S.
                                                                                                                                                            do not participate in these agreements.
                                                                                                      Department of Transportation, Docket
                                                                                                                                                            We have not changed this AD in this
                                                                                                      Operations, M–30, West Building
                                              DEPARTMENT OF TRANSPORTATION                                                                                  regard.
                                                                                                      Ground Floor, Room W12–140, 1200
                                              Federal Aviation Administration                         New Jersey Avenue SE, Washington, DC                  Conclusion
                                                                                                      20590.
                                                                                                                                                               We reviewed the relevant data,
                                              14 CFR Part 39                                          FOR FURTHER INFORMATION CONTACT: Lu
                                                                                                                                                            considered the comments received, and
                                                                                                      Lu, Aerospace Engineer, Airframe                      determined that air safety and the
                                              [Docket No. FAA–2017–0903; Product
                                                                                                      Section, FAA, Seattle ACO Branch, 2200                public interest require adopting this
                                              Identifier 2017–NM–074–AD; Amendment
                                              39–19225; AD 2018–06–05]                                South 216th St., Des Moines, WA 98198;                final rule as proposed, except for minor
                                                                                                      phone and fax: 206–231–3525; email:                   editorial changes. We have determined
                                              RIN 2120–AA64                                           lu.lu@faa.gov.                                        that these minor changes:
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              Airworthiness Directives; The Boeing                                                                             • Are consistent with the intent that
                                              Company Airplanes                                       Discussion                                            was proposed in the NPRM for
                                                                                                         We issued a notice of proposed                     correcting the unsafe condition; and
                                              AGENCY:  Federal Aviation
                                              Administration (FAA), DOT.                              rulemaking (NPRM) to amend 14 CFR                        • Do not add any additional burden
                                              ACTION: Final rule.                                     part 39 by adding an AD that would                    upon the public than was already
                                                                                                      apply to certain The Boeing Company                   proposed in the NPRM.
                                              SUMMARY:   We are adopting a new                        Model 737–300 and –500 series                         Related Service Information Under 1
                                              airworthiness directive (AD) for certain                airplanes. The NPRM published in the                  CFR Part 51
                                              The Boeing Company Model 737–300                        Federal Register on October 6, 2017 (82
                                              and –500 series airplanes. This AD was                  FR 46725). The NPRM was prompted by                     We reviewed Aviation Partners
                                              prompted by a report indicating that                    a report indicating that fatigue cracks               Boeing Service Bulletin AP737C–57–
                                              fatigue cracks were found in the lower                  were found in the lower wing skin of an               002, dated April 5, 2017. The service
                                              wing skin of an airplane with winglets                  airplane with winglets installed. The                 information describes procedures for
nshattuck on DSK9F9SC42PROD with RULES




                                              installed. This AD requires repetitive                  NPRM proposed to require repetitive                   repetitive inspections for cracking of the
                                              inspections for cracking of the lower                   inspections for cracking of the lower                 lower wing skin, and repair if necessary.
                                              wing skin, and repair if necessary. We                  wing skin, and repair if necessary.                   This service information is reasonably
                                              are issuing this AD to address the unsafe                  We are issuing this AD to detect and               available because the interested parties
                                              condition on these products.                            correct fatigue cracking of the lower                 have access to it through their normal
                                              DATES: This AD is effective April 23,                   wing skin common to the runout of                     course of business or by the means
                                              2018.                                                   stringer L–5. Such cracking could grow                identified in the ADDRESSES section.


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Document Created: 2018-03-17 04:24:35
Document Modified: 2018-03-17 04:24:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective March 19, 2018 and applicable October 1, 2017.
ContactJoanna Moore; Senior Policy Specialist; National Institute of Food and Agriculture; U.S. Department of Agriculture; STOP 2272; 1400 Independence Avenue SW, Washington, DC 20250-2272; Voice: 202-690-6011; Fax: 202-401-7752; Email: [email protected]
FR Citation83 FR 11869 
RIN Number0524-AA39
CFR AssociatedAdministrative Practice and Procedure; Agricultural Research; Education; Extension; Hispanic-Serving Institutions and Federal Assistance

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