Federal Register 2014-01-13: Vol 79 Iss 8

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FEDERAL REGISTER
Vol. 79 Monday,
No. 8 January 13, 2014
Pages 2075-2358
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Ill
Contents
Federal Register
Vol. 79, No. 8
Monday, January 13, 2014
Agriculture Department Teach Grant Supplementary Data Collection, 2159-2160
See Federal Crop Insurance Corporation Applications for Eligibility:
See Food and Nutrition Service Eligibility Designation; Programs under Parts A and F of
See Food Safety and Inspection Service Title III and Title V of the Higher Education Act,
NOTICES 2161-2164
Requests for Nominations:
Forest Resource Coordinating Committee, 2148-2149 Energy Department
Tongass Advisory Committee; Establishment, 2147-2148 See Federal Energy Regulatory Commission
Army Department Environmental Protection Agency
NOTICES PROPOSED RULES
Exclusive, Non-Exclusive, or Partially-Exclusive Licensing Air Quality State Implementation Plans; Approvals and
of Inventions: Promulgations:
Anti-Filovirus Therapeutics, 2156 Colorado; Prevention of Significant Deterioration;
Contact Pathway and Tissue Kallikrein Inhibitors can Greenhouse Gas Tailoring Rule Revisions, 2144-2146
Prevent/Reduce Leakage Caused by Hantavirus, 2157 NOTICES
Agency Information Collection Activities; Proposals,
Imidazenil, or a Combination of Imidazenil and [-i-]-
Submissions, and Approvals, 2166-2167
Huperzine A and/or [-]-Huperzine A for Protection
Agency Information Collection Activities; Proposals,
for Protection, etc., 2156-2157
Submissions, and Approvals:
Low Fat, High Protein, High Carbohydrate Complete
Laboratory Quality Assurance Evaluation Program for
Enteral Nutritional Compositions for Treatment of
Analysis of Cryptosporidium under the Safe Drinking
Burn Patients, 2157
Water Act, 2167
Measurements of the Inhibition of Synaptic Activity to
National Estuary Program (Renewal), 2168-2169
Detect, Study and Evaluate All Active Botulinum
NSPS for the Graphic Arts Industry, 2167-2168
Neurotoxin Serotypes, 2157
Applications:
Coast Guard Pesticide Experimental Use Permit, 2169-2170
RULES Executive Office of the President
2012 Liquid Chemical Categorization Updates, 2106-2107
See Science and Technology Policy Office
Drawbridge Operations:
Vermillion River, Abbeville, LA, 2098-2099 Federal Aviation Administration
PROPOSED RULES
RULES
Harmonization of Standards for Fire Protection, Detection,
Flight Data Recorder Airplane Parameter Specification
and Extinguishing Equipment, 2254-2358
Omissions and Gorrections, 2088
NOTICES
Commerce Department
Petitions for Exemption; Summaries, 2244-2245
See Foreign-Trade Zones Board
See National Oceanic and Atmospheric Administration Federal Crop Insurance Corporation
NOTICES
RULES
Agency Information Collection Activities; Proposals,
Ineligibility for Programs under the Federal Crop Insurance
Submissions, and Approvals, 2151-2152
Act:
Mutual Consent Cancellation; Food Security Act of 1985,
Defense Acquisition Regulations System
Implementation; Denial of Benefits, 2075-2084
NOTICES
Agency Information Collection Activities; Proposals, Federal Deposit Insurance Corporation
Submissions, and Approvals, 2157-2159
NOTICES
Agency Information Collection Activities; Proposals,
Defense Department
Submissions, and Approvals, 2170-2172
See Army Department
See Defense Acquisition Regulations System Federal Emergency Management Agency
See Navy Department RULES
NOTICES Final Flood Elevation Determinations, 2103-2106
Agency Information Collection Activities; Proposals, NOTICES
Submissions, and Approvals, 2154-2156 Final Flood Hazard Determinations, 2189-2194
Education Department Federal Energy Regulatory Commission
NOTICES NOTICES
Agency Information Collection Activities; Proposals, Market-Based Rate Filings Including Requests for Blanket
Submissions, and Approvals: Section 204 Authorization:
Annual Performance Reports for Title III and Title V Great Bay Energy VI, LLG, 2164
Grantees, 2160-2161 Pilot Projects to Test a Two-Year Licensing Process, 2164-
Education Resomce Organizations Directory, 2160 2166
IV Federal Register/Vol. 79, No. 8/Monday, January 13, 2014/Contents
Federal Highway Administration Health and Human Services Department
RULES See Food and Drug Administration
Environmental Impact and Related Procedures, 2107-2119 See National Institutes of Health
See Substance Abuse and Mental Health Services
Federal Mediation and Conciiiation Service Administration
NOTICES
Qualification of Drivers; Exemption Applications:
Homeland Security Department
Hearing, 2245-2247
See Coast Guard
Federal Motor Carrier Safety Administration See Federal Emergency Management Agency
See Transportation Security Administration
NOTICES
Qualification of Drivers; Exemption Applications: See U.S. Customs and Border Protection
Vision, 2247-2249
Interior Department
Federal Reserve System
See Fish and Wildlife Service
NOTICES See Office of Natural Resources Revenue
Changes in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding
Internal Revenue Service
Company, 2172-2173
RULES
Federal Trade Commission Sales-Based Royalties and Vendor Allowances, 2094-2098
NOTICES
Early Terminations of Waiting Periods under the Premerger Justice Department
Notificaiton Rules, 2173-2175
NOTICES
Proposed Consent Orders: Agency Information Collection Activities: Proposals,
Accretive Health, Inc., 2175-2177 Submissions, and Approvals:
Request for Registration imder the Gambling Devices Act,
Federal Transit Administration
2199
RULES SuiA^ey of Transitional Housing Assistance for Victims of
Environmental Impact and Related Procedures, 2107-2119
Domestic Violence Program Grantees, 2199-2200
Fish and Wildlife Service Proposed Consent Decrees under CERCLA, 2200-2201
NOTICES
Endangered Species Permits, 2194, 2196-2197 National Institutes of Health
Environmental Assessments; Availability, etc.: NOTICES
Hopper Mountain, Bitter Creek, and Blue Ridge National Meetings:
Wildlife Refuges, Ventura, Kern, San Luis Obispo, Board of Scientific Counselors of the NIH Clinical Center,
and Tulare Counties, CA, 2194-2196 2185
Proposed Safe Harbor Agreements; Center for Scientific Review, 2180-2184, 2187
Abbott Lake Unit of the Feather River Wildlife Area, Eunice Kennedy Shriver National Institute of Child
Sutter County, CA, 2197-2198 Health and Human Development, 2184
National Heart, Lung, and Blood Institute, 2187-2188
Food and Drug Administration National Institute of Allergy and Infectious Diseases,
RULES 2186-2187
Pharmacy Compounding Advisory Committee, 2093-2094 National Institute of Allergy and Infectious Diseases,
NOTICES 2184, 2187
Requests for Nominations: National Institute of Dental and Craniofacial Research,
Pharmacy Compounding Advisory Committee, 2178-2179 2186
Pharmacy Compounding Advisory Committee Voting National Institute of Dental and Craniofacial Research,
Members, 2179-2180 2185
Pharmacy Compounding Advisory Committee, Nonvoting National Institute on Aging, 2186
Industry Representatives, 2177-2178 National Institute on Drug Abuse, 2181-2182, 2185-2186
Food and Nutrition Service
National Oceanic and Atmospheric Administration
NOTICES
Emergency Food Assistance Program: NOTICES
Availability of Foods for Fiscal Year 2014, 2149 Meetings:
New England Fishery Management Council, 2153-2154
Food Safety and Inspection Service Western Pacific Fishery Management Council, 2154
NOTICES
Agency Information Collection Activities; Proposals,
Nationai Science Foundation
Submissions, and Approvals:
NOTICES
Specified Risk Materials, 2149-2151
Meetings:
Astronomy and Astrophysics Advisory Committee, 2201
Foreign-Trade Zones Board
NOTICES
Expansions under Alternative Site Framework Navy Department
Foreign-Trade Zone 277, Western Maricopa County, AZ, NOTICES
2152-2153 Privacy Act; Systems of Records, 2159
Federal Register/Vol. 79, No. 8/Monday, January 13, 2014/Contents V
Office of Natural Resources Revenue Surface Transportation Board
NOTICES NOTICES
Federal Oil and Gas Marginal Properties: Agency Information Collection Activities; Proposals,
States’ Decisions on Participating in Accounting and Submissions, and Approvals:
Auditing Relief, 2198-2199 Complaints and Petitions, 2249-2250
Postal Service Susquehanna River Basin Commission
RULES NOTICES
National Environmental Policy Act Implementing Meetings:
Procedures, 2102-2103 Public Hearing, 2243-2244
Science and Technology Policy Office Transportation Department
NOTICES See Federal Aviation Administration
Requests for Information: See Federal Highway Administration
High-impact Learning Technologies, 2201-2204 See Federal Motor Carrier Safety Administration
See Federal Transit Administration
Securities and Exchange Commission
See Surface Transportation Board
NOTICES See Transportation Security Administration
Filings:
Joint Industry Plan, 2204-2219
Transportation Security Administration
Self-Regulatory Organizations; Proposed Rule Changes:
RULES
BATS Y-Exchange, Inc., 2229-2231, 2234
Aircraft Repair Station Seemity, 2119-2143
Chicago Board Options Exchange, Inc., 2239
National Securities Clearing Corp., 2237-2239
Treasury Department
New York Stock Exchange LLC, 2231-2234
See Internal Revenue Service
NYSE Area, Inc., 2219-2224
RULES
NYSE MKT LLC, 2224-2229, 2234-2237
Extension of Import Restrictions:
Certain Archaeological Material from China, 2088-2093
Small Business Administration
NOTICES
RULES Meetings:
Surety Bond Guarantee Program, 2084-2087
Debt Management Advisory Committee, 2250
NOTICES
Conflicts of Interest Exemptions:
U.S. Customs and Border Protection
Main Street Mezzanine Fund, L.P., 2239
RULES
State Department Extension of Import Restrictions:
Certain Archaeological Material from China, 2088-2093
NOTICES
Agency Information Collection Activities; Proposals,
Veterans Affairs Department
Submissions, and Approvals:
Department of State Application for Employment, 2239- RULES
Loan Guaranties:
2240
Minimum Property and Construction Requirements,
Culturally Significant Objects Imported for Exhibition:
Race to the End of the Earth, 2240 2100-2101
VA Compensation Service and Pension and Fiduciary
Designations as Foreign Terrorist Organizations:
Service Nomenclature Changes, 2099-2100
Ansar al-Shari’a in Benghazi, a.k.a. Ansar al-Sharia in
Libya, et al., 2241 NOTICES
Agency Information Collection Activities; Proposals,
Ansar al-Shari’a in Damah, a.k.a. Supporters of Islamic
Submissions, and Approvals:
Law, et al., 2241
Ankle Conditions Disability Benefits; Correction, 2252
Ansar al-Shari’a in Tunisia, a.k.a. Al-Qayrawan Media
Back (Thoracolumbar Spine) Conditions Disability
Foundation, et al., 2240-2241
Benefits; Correction, 2251
Designations as Global Terrorists:
Elbow and Forearm Conditions Disability Benefits;
Abu Sufian Ibrahim Ahmed Hamuda bin Qumu, a.k.a.
Correction, 2252
Sufian bin Qmnu, Sufian Ben Qhumu, 2242
Foot (Including Flatfeet (pes planus) Conditions
Ahmed Abu Khattalah, a.k.a. Ahmad Bukhattalah, 2241
Disability Benefits; Correction, 2251
Ansar al-Shari’a in Benghazi, a.k.a. Ansar al-Sharia in
Hand and Finger Conditions Disability Benefits;
Libya, et al., 2243
Correction, 2251
Ansar al-Shari’a in Damah, a.k.a. Supporters of Islamic
Hip and Thigh Conditions Disability Benefits; Correction,
Law, et al., 2242
2252
Ansar al-Shari’a in Tunisia, a.k.a. Al-Qayrawan Media
Knee and Lower Leg Conditions Disability Benefits;
Foundation, et al., 2241-2242
Correction, 2251-2252
Saifallah Ben Hassine, a.k.a. Abou lyadh, et al., 2242-
Wrist Conditions Disability Benefits; Correction, 2250-
2243
2251
Substance Abuse and Mental Health Services
Administration
Separate Parts In This Issue
NOTICES
Agency Information Collection Activities; Proposals, Part II
Submissions, and Approvals, 2188-2189 Homeland Security Department, Coast Guard, 2254-2358
VI Federal Register/Vol. 79, No. 8/Monday, January 13, 2014/Contents
To subscribe to the Federal Register Table of Contents
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Consult the Reader Aids section at the end of this page for archives, FEDREGTOC-L, Join or leave the list [or change
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Federal Register/Vol. 79, No. 8/Monday, January 13, 2014/Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
7 CFR 160. .2254
400. .2075 161. .2254
407. .2075 ■*62. .2254
457. .2075 164. .2254
167. .2254
13 CFR 169.. 2254
115.. 2084 175.. 2254
14 CFR 176.. 2254
91. .2088 177.. 2254
121. .2088 181.. 2254
125. .2088 182.. 2254
185.. 2254
19 CFR 188.. 2254
12. .2088 189.. 2254
21 CFR 190.. 2254
14. .2093 193. .2254
23 CFR 49 CFRq
771. .2107 622. .2107
1554. .2119
26 CFR
1. .2094
33 CFR
117. .2098
Proposed Rules:
140. .2254
145. .2254
148. .2254
149. .2254
38 CFR
3. .2099
4. .2099
36.. 2100
60.. 2099
39 CFR
775. .2102
40 CFR
Proposed Rules:
52. .2144
44 CFR
67. .2103
46 CFR
30. .2106
150. .2106
153. .2106
Proposed Rules:
25. .2254
27. .2254
28.. 2254
30. .2254
31. .2254
32. .2254
34. .2254
50. .2254
56.. 2254
70. .2254
71.. 2254
72. .2254
76. .2254
78. .2254
90. .2254
91. .2254
92. .2254
95. .2254
107. .2254
108. .2254
113. .2254
114. .2254
116. .2254
118. .2254
122. .2254
125. .2254
132. .2254
147. .2254
159. .2254
2075
Rules and Regulations
Federal Register
Vol. 79, No. 8
Monday, January 13, 2014
This section of the FEDERAL REGISTER Executive Order 12866 and, therefore, it Governments. The review reveals that
contains regulatory documents having general has not been reviewed by 0MB. this regulation will not have substantial
applicability and legal effect, most of which and direct effects on Tribal governments
are keyed to and codified in the Code of Paperwork Reduction Act of 1995 and will not have significant Tribal
Federal Regulations, which is published under In accordance with section 3507(d) of implications.
50 titles pursuant to 44 U.S.C. 1510. the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.], the information Regulatory Flexibility Act
The Code of Federal Regulations is sold by
collection or recordkeeping
the Superintendent of Documents. Prices of FCIC certifies that this regulation will
new books are listed in the first FEDERAL requirements included in this final rule, not have a significant economic impact
REGISTER issue of each week. which were filed under 0563-0085,
on a substantial number of small
have been submitted for approval to the
entities. Program requirements for the
Office of Management and Budget
DEPARTMENT OF AGRICULTURE (0MB). When 0MB notifies us of its Federal crop insurance program are the
same for all producers regardless of the
decision, if approval is denied, we will
Federal Crop Insurance Corporation publish a document in the Federal size of their farming operation.
Register providing notice of what action However, FCIC does waive certain
7 CFR Parts 400, 407 and 457 we plan to take. administrative fees for limited resource
farmers to help ensure that small
[Docket No. FCIC-11-0009] E-Government Act Compliance
entities are given the same opportunities
RIN 0563-AC26 FCIC is committed to complying with as large entities to obtain crop
the E-Government Act of 2002, to insurance. This regulation provides the
General Administrative Regulations;
promote the use of the Internet and rules regarding ineligibility for crop
Mutual Consent Cancellation; Food
other information technologies to insmance under the Act based on
Security Act of 1985, Implementation;
provide increased opportunities for actions or inactions of the producer,
Denial of Benefits; and Ineligibility for
citizen access to Government such as violations of the Controlled
Programs Under the Federal Crop
information and services, and for other Substance Act, debarment from Federal
Insurance Act
purposes. government programs, and failure to pay
AGENCY: Federal Crop Insurance Unfunded Mandates Reform Act of premiums and administrative fees when
Corporation, USDA. 1995 due. As such, all producers are treated
ACTION: Final rule. Title II of the Unfunded Mandates equally under this regulation. A
Regulatory Flexibility Analysis has not
SUMMARY: The Federal Crop Insurance Reform Act of 1995 (UMRA) establishes been prepared since this regulation does
Corporation (FCIC) finalizes the General requirements for Federal agencies to not have an unduly burdening impact
assess the effects of their regulatory
Administrative Regulations to revise on small entities, and therefore, this
regulations addressing Ineligibility for actions on State, local, and tribal regulation is exempt from the provisions
Programs under the Federal Crop governments and the private sector. of the Regulatory Flexibility Act (5
This rule contains no Federal mandates
Insurance Act. The intended effect of U.S.C. 605).
this action is to eliminate redundancies, (under the regulatory provisions of title
improve clarity, remove or update II of the UMRA) for State, local, and Federal Assistance Program
tribal governments or the private sector.
obsolete references, and add references
to other provisions regarding Therefore, this rule is not subject to the This program is listed in the Catalog
ineligibility for Federal crop insurance. requirements of sections 202 and 205 of of Federal Domestic Assistance under
UMRA. No. 10.450.
DATES: Effective date: This rule is
effective February 12, 2014. Executive Order 13132 Executive Order 12372
Applicability date: The changes will
It has been determined under section
apply for the 2015 and succeeding crop This program is not subject to the
1(a) of Executive Order 13132,
years for all crops with a contract provisions of Executive Order 12372,
Federalism, that this rule does not have
change date after February 12, 2014. which require intergovernmental
sufficient implications to warrant
consultation with State and local
FOR FURTHER INFORMATION CONTACT: Tim consultation with the States. The
officials. See the Notice related to 7 CFR
Hoffmann, Product Administration and provisions contained in this rule will
part 3015, subpart V, published at 48 FR
Standards Division, Risk Management not have a substantial direct effect on
29115, June 24, 1983.
Agency, United States Department of States, or on the relationship between
Agriculture, Beacon Facility, Stop 0812, the national government and the States, Executive Order 12988
Room 421, P.O. Box 419205, Kansas or on the distribution of power and
City, MO 64141-6205, telephone (816) responsibilities among the various This rule has been reviewed in
926-7730. levels of government. accordance with Executive Order 12988
on civil justice reform. The provisions
SUPPLEMENTARY INFORMATION:
Executive Order 13175 of this rule will not have a retroactive
Executive Order 12866 This rule has been reviewed in effect. The provisions of this rule will
The Office of Management and Budget accordance with the requirements of preempt State and local laws to the
(0MB) has determined that this rule is Executive Order 13175, Consultation extent such State and local laws are
not-significant for the purpose of and Coordination with Indian Tribal inconsistent herewith.
2076 Federal Register/Vol. 79, No. 8/Monday, January 13, 2014/Rules and Regulations
Environmental Evaluation other determination of guilt.” The that it is not insvuing or doing business
This action is not expected to have a commenter did not define “criminal with an ineligible person.
significant economic impact on the judgment” or state how it would differ Comment: A commenter questioned
quality of the human environment, from the proposed definition of the timeframe for the “meaningful
health, or safety. Therefore, neither an “conviction” which includes “a opportunity to contest” and whether the
Environmental Assessment nor an judgment or any other determination of definition of “meaningful opportvmity
Environmental Impact Statement is guilt of a criminal offense by any court to contest” is a change from the
needed. of competent jurisdiction.” Accordingly, notification process provided in the
the reference to other resolutions that 2011 Ineligible Tracking System
Background are the functional equivalent of a Handbook that allows 30 days fi’om the
This rule finalizes changes to 7 CFR judgment were removed in the final date of Notice of Debt for the insured to
part 400 by revising subpart U— rule; however, no change was made to challenge the debt.
Ineligibility for Programs Under the limit the definition to “criminal Response: Nothing in this rule is
Federal Crop Insurance Act that were judgments.” intended to change the established time
published by FCIC on December 5, Comment: A commenter questioned frames for filing for mediation,
2011, as a notice of proposed what role the Excluded Parties List arbitration or judicial review contained
rulemaking in the Federal Register at 76 System (EPLS) plays in the Ineligible in existing regulations, policy
FR 75799—75805. The public was Tracking System (ITS) for the insurance provisions, and procedures. To the
afforded 61 days to submit comments provider. extent that any time frame will be
after the regulation was published in the Response: The EPLS and ITS are changed, such change will occur in the
Federal Register. separate sources of data, each with a applicable regulation, policy provision,
A total of 25 comments were received separate function and purpose. ITS is a or procedure. Therefore, no changes
from 4 commenters. The commenters list of persons who have been have been made as a result of this
were insurance providers and an determined to be ineligible for crop comment.
insurance service organization. insurance because of various reasons Comment: A commenter questioned
The public comments received related to the crop insurance program. whether the term “Livestock Price
regarding the proposed rule and FCIC’s This list is created and maintained by Reinsurance Agreement” should be
responses to the comments are as FCIC. The EPLS is a list of persons who defined and whether the provisions of
follows: have met the criteria for inclusion and the rule apply to policies covered under
the Livestock Price Reinsurance
whose names were submitted by all
General Comment Agreement.
government agencies to the General
Comment: A commenter questioned Response: The provisions contained
Services Administration (GSA). GSA
whether the provisions in the proposed within 7 CFR, part 400, subpart U apply
creates and maintains the EPLS.
rule would apply only to convictions to all policies insured under the Federal
Therefore, to the extent that FCIC
that occur after the effective date of the Crop Insurance Act, including those
reports to GSA ineligible persons who
final rule. reinsured under the Livestock Price
meet the criteria for inclusion in the
Response: Yes. The laws and Reinsurance Agreement. FCIC agrees the
EPLS, there is some overlap of the two
regulations in effect at the time of a term “Livestock Price Reinsurance
lists. However, there are persons on the
conviction will apply. Agreement” should be defined in the
EPLS who may not appear on the ITS
final rule. The definition was added and
Section 400.677 Definitions because of violations related to other
the term was referenced where
government programs. Similarly, there
Comment: A commenter stated the applicable in the final rule.
are persons included on the ITS who do
definition of “conviction” is vague, will
not appear on the ELPS because they do Section 400.679 Criteria for
lead to delays in determinations, and is
not meet the criteria from inclusion. Ineligibility
unclear what the effective date of the
There is no role for the insurance
conviction will be for purposes of Comment: A few commenters stated
provider regarding submitting data to
determining ineligibility. the provisions in section 400.679(d)
Response: FCIC does not agree the the EPLS. However, insurance providers should apply only to individuals and
definition of “conviction” is vague or are precluded from insuring or doing not to all “persons” as defined in the
will result in delays in determinations. business with anyone on the ITS or the rule.
The definition only defines the term; it EPLS. Therefore, the insurance provider Response: FCIC agrees and has made
does not include provisions regarding is required to check both the ITS and the changes in section 400.679 and
the effective date or consequences of a EPLS to ensure that it is not insuring or other applicable sections in the final
conviction. The effective date and doing business with an ineligible rule.
duration of ineligibility due to a person. Comment: A commenter stated the
conviction is provided in section Comment: A commenter questioned references to the regulations at 7 CFR
400.683. No changes were made as a whether the definition of the EPLS will part 3017 are incorrect because those
result of this comment. change how the insurance provider regulations are obsolete and have been
Comment: A commenter questioned transmits or receives information. replaced with 2 CFR part 180 and 2 CFR
the phrase “functional equivalent of a Response: The rule does not provide part 417.
judgment” within the definition of instructions regarding how insurance Response: FCIC agrees 7 CFR part
“conviction,” and states the definition providers transmit or receive any 3017 is obsolete. All references to 7 CFR
of the term “conviction” should be applicable information regarding the part 3017 have been corrected in the
limited to “criminal judgments.” EPLS. Since the ELPS is maintained by final rule to reference 2 CFR part 180
Response: FCIC agrees the reference to GSA, GSA will provide information to and 2 CFR part 417. Further, these are
other resolutions that are the functional the public on how it can be accessed. no longer the only provisions related to
equivalent of a judgment is not This rule is just intended to provide debarment since permanent debarment
necessary because the definition already notice to the insurance providers that has been added by the 2008 Farm Bill.
includes the phrase “a judgment or any they do need to access to EPLS to ensure Therefore, FCIC has clarified the
Federal Register/Vol. 79, No. 8/Monday, January 13, 2014/Rules and Regulations 2077
provisions in section 400.679 to make debarments under 2 CFR part 180, 2 violation is vague and needs to be
the distinction between suspensions CFR part 417, and 7 U.S.C. 2209j. further defined or expanded.
and debarments vmder 2 CFR part 180 Response: The proposed rule did not
Section 400.680 Controlled Substance
and 2 CFR part 417 and debarments define the term “crop year.” The term
under 7 U.S.C. 2209). Comment: A commenter questioned “crop year” is defined in the policy for
Comment: A few commenters stated the logic of barring someone convicted applicable commodities, and the public
sections 400.679(c) and (f) are vague, of a controlled substance violation from was not provided the opportunity to
ambiguous, and impose an unnecessary obtaining Federal crop insiuance. The comment on those definitions under the
administrative burden on insurance commenter stated there is no statutory proposed rule. In addition, the
providers and insured producers. They authority for barring someone convicted applicability of the term “crop year”
state subsection (f) is ambiguous of possession of or trafficking in a regarding persons convicted under
because it is unclear whether the phrase controlled substance, and the references Federal or State law of planting,
“ineligible person,” refers to persons to such in the rule should be deleted. cultivation, growing, producing,
made ineligible under 2 CFR part 417, The commenter stated that Chapter 13 harvesting or storing a controlled
previously 7 CFR part 3017, or all of Title 21 is not applicable to the substance is statutory.
persons ineligible under section 400.679 Federal crop insurance program because Comment: A commenter stated they
of the proposed rule. They also state the eligibility for Federal crop insurance is understood that they, as an insurance
phrase “knowingly doing business” will contingent upon various “payments” provider, would deny coverage to an
impose an uimecessary administrative and the term “Federal benefit” does not applicant who is not a United States
burden on the insurance providers if it include any benefit for which pa)Tnents citizen. United States non-citizen
is applied to ineligible persons outside are required for eligibility. national, or a qualified alien, but were
of 2 CFR part 180 and 2 CFR part 417. Response: FCIC disagrees that there is not aware of any obligation or
Response: The phrase “ineligible no statutory authority for barring requirement to report such individuals
person” in section 400.679(f) of the someone convicted of possession of or as part of the ITS process.
proposed rule referred to persons found trafficking in a controlled substance. Response: Sections 400.682 and
ineligible under 2 CFR part 180 and 2 The statutory provisions of Chapter 13 400.684 of the proposed rule did
CFR part 417, previously 7 CFR part of Title 21 regarding convictions for the provide that insurance providers must
3017, and 7 U.S.C. 2209j, as a result of possession of or trafficking in a notify FCIC of applicants who are not a
the 2008 Farm Bill. The language in the controlled substance are applicable to United States citizen. United States non¬
final rule has been amended to refer to Federal crop insurance because citizen national, or a qualified alien and
persons debarred or suspended under 2 eligibility for Federal crop insurance is that such individuals would be placed
CFR part 180, 2 CFR part 417, and 7 not contingent upon any payment. on the ITS. FCIC agrees that insurance
U.S.C. 2209) to provide more clarity. Therefore, no changes have been made providers are not required to report
With respect to the burdens, both 2 CFR as a result of this comment. individuals who are not a United States
parts 180 and 417 makes it clear that Comment: A commenter stated that citizen. United States non-citizen
knowingly doing business with an convictions for possession of or national, or a qualified alien to FCIC.
ineligible person can subject a person to trafficking a controlled substance do not FCIC also agrees that such individuals
debarment. This applies to all persons, result in automatic denial of Federal are not placed on ITS if the sole reason
including insurance providers so FCIC benefits, or denial of such benefits for a they are ineligible is because they are
cannot change the requirement or set amount of time, according to Title not a United States citizen. United
exempt insurance providers. As part of 21. The determination regarding the States non-citizen national, or a
normal business operations, insurance denial of Federal benefits and for how qualified alien. The final rule has been
providers must be in compliance with long is at the court’s discretion; amended to remove the reporting
USDA regulations, policies and therefore, section 400.680 is incorrect. requirement of such individuals and the
procedures regarding debarment, Response: FCIC agrees the language in reference that such individuals would
suspension and eligibility. FCIC has the proposed rule was inaccurate be placed on the ITS.
revised the provisions to clarify that it regarding automatic denial of benefits
Section 400.684 Effect of Ineligibility
only applies to knowingly doing under the Act for conviction of the
business with debarred persons as possession of or trafficking in controlled Comment: A couple of commenters
required by the debarment regulations substances. The final rule has been stated the proposed rule had two
and statutes. amended to be consistent with the subsections labeled “b” under section
Comment: A commenter stated provisions of Title 21 regarding such 400.684.
section 400.679(e) should be eliminated Response: FCIC agrees and has made
convictions.
or limit its application to those persons the applicable changes in the final rule.
who have been listed in the EPLS. Section 400.682 Determination and Comment: A commenter stated they
Response: FCIC understands that Notification agree with the consolidation of the
there may be problems of identifying Comment: A commenter questioned provisions in 7 CFR, part 400, subpart
persons who have committed crimes for whether National Appeals Division F, into 7 CFR, part 400, subpart U, to
knowingly defrauding the United States. (NAD) appealable disputes are eliminate redundancies. However, the
Further, as drafted, the proposed rule changing. commenter also stated the provisions in
presumed that permanent debarment Response: Neither the proposed rule 7 CFR, part 400, subpart F, that allowed
was automatic after such a conviction or final rule change appealable disputes insurance providers to continue to
but there is still a process that must be under the NAD regulations. receive reinsurance if the insurance
followed for the Secretary to debar a provider follows all the regulations and
Section 400.683 Period of Ineligibility
person and once that process is procedures were not retained and
completed, the debarred person will be Comment: A commenter stated the consolidated in the proposed rule. The
reported to the EPLS. In addition, to term “crop year” for determining when commenter stated the elimination of
make clear that this applies to persons ineligibility begins for a person those provisions could result in an
listed on the EPLS, FCIC has referenced convicted of a controlled substance insurance provider being penalized