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Federal Register / Vol. 86, No. 235 / Friday, December 10, 2021 / Rules and Regulations
compliance costs on state and local governments. Therefore, consultation with the states is not required.
Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601602 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. The APA
exempts from notice and comment requirements rules relating to agency management or personnel or to public property, loans, grants, benefits, or contracts 5 U.S.C. 553a2, so therefore an analysis has not been prepared for this rule.
Executive Order 12372, Intergovernmental Consultation This final rule is excluded from the scope of Executive Order 12372
Intergovernmental Consultation, which may require a consultation with State and local officials. See the final rule related notice entitled, Department Programs and Activities Excluded from Executive Order 12372
50 FR 47034.

jspears on DSK121TN23PROD with RULES1

Executive Order 13175, Consultation and Coordination With Indian Tribal Governments This executive order imposes requirements on the Agency. The Agency has determined that the rule does not have a substantial direct effect on one or more Indian tribes or on either the relationship or the distribution of powers and responsibilities between the Federal Government and Indian tribes. Thus, this rule is not subject to the requirements of Executive Order 13175.
If tribal leaders are interested in consulting with the Agency on this rule, they are encouraged to contact USDAs Office of Tribal Relations or the Agencys Native American Coordinator at: AIAN@usda.gov to request such a consultation.
Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance CFDA numbers assigned to the 4 programs within this rule are:
10.766 for Community Facility Programs, 10.760 for Water and Waste Disposal Programs, 10.768 for Business and Industry Programs and 10.868 for Rural Energy for America Program. The Catalog is available on the internet at https beta.sam.gov. The SAM.gov website also contains a PDF file version of the Catalog that, when printed, has the same layout as the printed document that the Government Printing
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Office GPO provides. GPO prints and sells the CFDA to interested buyers. For information about purchasing the CFDA
from GPO, call the Superintendent of Documents at 2025121800 or toll free at 8665121800, or access GPOs online bookstore at http
bookstore.gpo.gov.
Paperwork Reduction Act and Recordkeeping Requirements This rule contains no new reporting or recordkeeping burdens under OMB
control number 05720166 that would require approval under the Paperwork Reduction Act of 1995 44 U.S.C.
Chapter 35.
E-Government Act Compliance Rural Development is committed to complying with the E-Government Act of 2002, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible.
Civil Rights Impact Analysis Rural Development has reviewed this rule in accordance with USDA
Regulation 43004, Civil Rights Impact Analysis, to identify any major civil rights impacts the rule might have on program participants on the basis of age, race, color, national origin, sex, disability, or marital or familial status.
Based on the review and analysis of the rule and all available data, issuance of this Final Rule is not likely to negatively impact low and moderate-income populations, minority populations, women, Indian tribes or persons with disability, by virtue of their age, race, color, national origin, sex, disability, or marital or familial status.
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 activity, in any program or activity conducted or funded by USDA
not all bases apply to all programs.
Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for
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program information e.g., Braille, large print, audiotape, American Sign Language, etc. should contact the responsible Agency or USDAs TARGET
Center at 202 7202600 voice and TTY or contact USDA through the Federal Relay Service at 800 8778339.
Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD
3027, found online at https
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866 6329992.
Submit your completed form or letter to USDA by:
1 Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, DC 202509410; or 2 email: OAC@usda.gov.
USDA is an equal opportunity provider, employer, and lender.
List of Subjects in 7 CFR Part 5001
Business and industry, Community facility, Energy efficiency improvement, Loan programs, Renewable energy, Rural areas, Rural development, Water and waste disposal.
For the reasons set forth in the preamble, under the authority at 5
U.S.C. 301 and 7 U.S.C. 1989, Chapter L of title 7 of the Code of Federal Regulations is amended as follows:
PART 5001GUARANTEED LOANS
1. The authority citation for part 5001
continues to read as follows:

Authority: 5 U.S.C. 301; 7 U.S.C. 1926a;
7 U.S.C. 1932a; and 7 U.S.C. 8107.

Subpart AGeneral Provisions 2. Amend 5001.3 by:
A. Removing the definition Affiliates;
B. Adding the definition Affiliate;
C. Revising the definition Energy efficiency improvement EEI;
D. Revising the first sentence in the definition Existing business;
E. Revising the definition Final loss claim;
F. Revising the definition New business; and G. Revising the definition Power purchase agreement.
The addition and revisions read as follows:

E:FRFM10DER1.SGM

10DER1