80_FR_64514 80 FR 64309 - Competitive and Noncompetitive Non-Formula Federal Assistance Programs-Specific Administrative Provisions for the Food Insecurity Nutrition Incentive Grants Program

80 FR 64309 - Competitive and Noncompetitive Non-Formula Federal Assistance Programs-Specific Administrative Provisions for the Food Insecurity Nutrition Incentive Grants Program

DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range64309-64312
FR Document2015-26848

The National Institute of Food and Agriculture (NIFA) is publishing a final rule for the Food Insecurity Nutrition Incentive Grants Program. This final rule adds a subpart entitled ``Food Insecurity Nutrition Incentive Grants Program'' to the part entitled ``Competitive and Noncompetitive Non-formula Federal Assistance Programs--General Award Administrative Provisions''.

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64309-64312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26848]


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DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture

7 CFR Part 3430

RIN 0524-AA65


Competitive and Noncompetitive Non-Formula Federal Assistance 
Programs--Specific Administrative Provisions for the Food Insecurity 
Nutrition Incentive Grants Program

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Final rule.

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

SUMMARY: The National Institute of Food and Agriculture (NIFA) is 
publishing a final rule for the Food Insecurity Nutrition Incentive 
Grants Program. This final rule adds a subpart entitled ``Food 
Insecurity Nutrition Incentive Grants Program'' to the part entitled 
``Competitive and Noncompetitive Non-formula Federal Assistance 
Programs--General Award Administrative Provisions''.

DATES: This final rule becomes effective on October 23, 2015.

FOR FURTHER INFORMATION CONTACT: Lisa Scott-Morring, Policy Branch 
Chief, Policy and Oversight Division, Phone: 202-401-4515, Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Summary

Authority

    The Food Insecurity Nutrition Incentive Program (FINI) is 
authorized under section 4405 of the Food, Conservation, and Energy Act 
of 2008 (7 U.S.C. 7517), as added by section 4208 of the Agricultural 
Act of 2014 (Pub. L. 113-79).

Organization of 7 CFR Part 3430

    A primary function of NIFA is the fair, effective, and efficient

[[Page 64310]]

administration of Federal assistance programs implementing agricultural 
research, education, and extension programs. The awards made under the 
above authority are subject to the NIFA assistance regulations at 7 CFR 
part 3430, Competitive and Noncompetitive Non-formula Federal 
Assistance Programs--General Award Administrative Provisions. NIFA's 
development and publication of this part serve to enhance its 
accountability and to standardize procedures across the Federal 
assistance programs it administers while providing transparency to the 
public. NIFA published 7 CFR part 3430 with subparts A through E as a 
final rule on September 4, 2009 [74 FR 45736-45752]. These regulations 
apply to all Federal assistance programs administered by NIFA except 
for the capacity grant programs identified in 7 CFR 3430.1(f), the 
Small Business Innovation Research programs, with implementing 
regulations at 7 CFR part 3403, and the Veterinary Medicine Loan 
Repayment Program, with implementing regulations at 7 CFR part 3431.
    NIFA organized part 3430 as follows: Subparts A through E provide 
administrative provisions for all competitive and noncompetitive non-
capacity Federal assistance programs. Subparts F and thereafter apply 
to specific NIFA programs.
    NIFA is, to the extent practical, using the following subpart 
template for each program authority: (1) Applicability of regulations; 
(2) purpose; (3) definitions (those in addition to or different from 
Sec.  3430.2); (4) eligibility; (5) project types and priorities; (6) 
funding restrictions; and (7) matching requirements. Subparts F and 
thereafter contain the above seven components in this order. Additional 
sections may be added for a specific program if there are additional 
requirements or a need for additional rules for the program (e.g., 
additional reporting requirements). Through this rulemaking, NIFA is 
adding subpart P for the administrative provisions that are specific to 
the FINI program.

II. Administrative Requirements for the Rulemaking

Executive Order 12866

    This action has been determined to be not significant for purposes 
of Executive Order 12866. The rule will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; nor will it materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs; nor will it have an 
annual effect on the economy of $100 million or more; nor will it 
adversely affect the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or Tribal governments or communities in a material way. Further, 
it does not raise a novel legal or policy issue arising out of legal 
mandates, the President's priorities, or principles set forth in the 
Executive Order.

Regulatory Flexibility Act of 1980

    This final rule has been reviewed in accordance with the Regulatory 
Flexibility Act of 1980, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996, (5 U.S.C. 601-612). The Department 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small entities. The rule does not 
involve regulatory and informational requirements regarding businesses, 
organizations, and governmental jurisdictions subject to regulation.

Paperwork Reduction Act

    The Department certifies that this final rule has been assessed in 
accordance with the requirements of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. The Department concludes that this final rule does 
not impose any new information requirements or increase the burden 
hours. In addition to the SF-424 form families (i.e., Research and 
Related and Mandatory) and the SF-425 Federal Financial Report (FFR) 
No. 0348-0061, NIFA has three currently approved OMB information 
collections associated with this rulemaking: OMB Information Collection 
No. 0524-0042, NIFA REEport; No. 0524-0041, NIFA Application Review 
Process; and No. 0524-0026, Assurance of Compliance with the Department 
of Agriculture Regulations Assuring Civil Rights Compliance and 
Organizational Information.

Catalog of Federal Domestic Assistance

    This final rule applies to the following Federal financial 
assistance programs administered by NIFA: CFDA No. 10.331 Food 
Insecurity Nutrition Incentive Grants Program.

Unfunded Mandates Reform Act of 1995 and Executive Order 13132

    The Department has reviewed this final rule in accordance with the 
requirements of Executive Order No. 13132 and the Unfunded Mandates 
Reform Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential 
or substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
As there is no Federal mandate contained herein that could result in 
increased expenditures by State, local, or tribal governments, or by 
the private sector, the Department has not prepared a budgetary impact 
statement.

Clarity of This Regulation

    Executive Order 12866 and the President's Memorandum of June 1, 
1998, require each agency to write all rules in plain language. The 
Department invites comments on how to make this final rule easier to 
understand.

List of Subjects in 7 CFR Part 3430

    Administrative practice and procedure, Agricultural research, Grant 
programs--agriculture, Privacy, Reporting and recordkeeping 
requirements.

    Accordingly, 7 CFR part 3430 is amended as set forth below:

PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL 
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVISIONS

0
1. The authority citation for part 3430 continues to read as follows:

    Authority: 7 U.S.C. 3316; Pub. L. 106-107 (31 U.S.C. 6101 note).


0
2. Add subpart P to read as follows:
Subpart P--Food Insecurity Nutrition Incentive Program
Sec.
3430.1100 Applicability of regulations.
3430.1101 Purpose.
3430.1102 Definitions.
3430.1103 Eligibility.
3430.1104 Project types and priorities.
3430.1105 Funding restrictions.
3430.1106 Matching requirements.
3430.1107 Program requirements.
3430.1108 Priorities.

Subpart P--Food Insecurity Nutrition Incentive Program


Sec.  3430.1100  Applicability of regulations.

    The regulations in this subpart apply to the Food Insecurity 
Nutrition Incentive (FINI) grants program authorized under section 4405 
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517), as 
added by section 4208 of the Agricultural Act of 2014 (Pub. L. 113-79).


Sec.  3430.1101  Purpose.

    The primary goal of the FINI grants program is to fund and evaluate 
projects intended to increase the purchase of

[[Page 64311]]

fruits and vegetables by low-income consumers participating in 
Supplemental Nutrition Assistance Program (SNAP) by providing 
incentives at the point of purchase.


Sec.  3430.1102  Definitions.

    The definitions applicable to the FINI grants program under this 
subpart include:
    Community food assessment means a collaborative and participatory 
process that systematically examines a broad range of community food 
issues and assets, so as to inform change actions to make the community 
more food secure.
    Emergency feeding organization means a public or nonprofit 
organization that administers activities and projects (including the 
activities and projects of a charitable institution, a food bank, a 
food pantry, a hunger relief center, a soup kitchen, or a similar 
public or private nonprofit eligible recipient agency) providing 
nutrition assistance to relieve situations of emergency and distress 
through the provision of food to needy persons, including low-income 
and unemployed persons. (See 7 U.S.C. 7501).
    Exemplary practices means high quality community food security work 
that emphasizes food security, nutritional quality, environmental 
stewardship, and economic and social equity.
    Expert reviewers means individuals selected from among those 
recognized as uniquely qualified by training and experience in their 
respective fields to give expert advice on the merit of grant 
applications in such fields who evaluate eligible proposals submitted 
to this program in their respective area(s) of expertise.
    Food security means access to affordable, nutritious, and 
culturally appropriate food for all people at all times.
    Fruits and vegetables means, for the purposes of the incentives 
provided under these grants, any variety of fresh, canned, dried, or 
frozen whole or cut fruits and vegetables without added sugars, fats or 
oils, and salt (i.e. sodium).
    Logic model means a systematic and visual way to present and share 
an understanding of the relationships among resources available to 
operate a program, and includes: Planned activities and anticipated 
results; and the presentation of the resources, inputs, activities, 
outputs, outcomes and impacts.
    Outcomes means the changes in the wellbeing of individuals that can 
be attributed to a particular project, program, or policy, or that a 
program hopes to achieve over time. They indicate a measurable change 
in participant knowledge, attitudes, or behaviors.
    Process evaluation means examining program activities in terms of:
    (1) The age, sex, race, occupation, or other demographic variables 
of the target population;
    (2) The program's organization, funding, and staffing; and
    (3) The program's location and timing. Process evaluation focuses 
on program activities rather than outcomes.
    PromiseZone refers to designated high-poverty communities ``where 
the federal government will partner with and invest in communities to 
create jobs, leverage private investment, increase economic activity, 
expand educational opportunities, and improve public safety.'' See 
https://www.hudexchange.info/programs/promise-zones/.
    Nonprofit organization means a special type of organizationthat has 
been organized to meet specific tax-exempt purposes. To qualify for 
nonprofit status, your organizationmust be formed to benefit:
    (1) The public;
    (2) A specific group of individuals; or
    (3) The membership of the nonprofit.
    StrikeForce means the ``USDA's StrikeForce Initiative for Rural 
Growth and Opportunity, which works to address the unique set of 
challenges faced by many of America's rural communities. Through 
StrikeForce, USDA is leveraging resources and collaborating with 
partners and stakeholders to improve economic opportunity and quality 
of life in these areas. See http://www.usda.gov/wps/portal/usda/usdahome?navid=STRIKE_FORCE for more information.
    Supplemental Nutrition Assistance Program (SNAP) means the 
supplemental nutrition assistance program established under the Food 
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
    Value chain means adding value to a product, including production, 
marketing, and the provision of after-sales service and incorporating 
fair pricing to farms. It also involves keeping the final pricing to 
customers within competitive range. Value chain development, therefore, 
is a process of building relationships between supplier and buyer that 
are reciprocal and win-win; instead of always striving to buy at lowest 
cost.


Sec.  3430.1103  Eligibility.

    (a) In general. Eligibility to receive a grant under this subpart 
is limited to government agencies and nonprofit organizations. All 
applicants must demonstrate in their application that they are a 
government agency or nonprofit organization. Eligible government 
agencies and nonprofit organizations may include:
    (1) An emergency feeding organization;
    (2) An agricultural cooperative;
    (3) A producer network or association;
    (4) A community health organization;
    (5) A public benefit corporation;
    (6) An economic development corporation;
    (7) A farmers' market;
    (8) A community-supported agriculture program;
    (9) A buying club;
    (10) A SNAP-authorized retailer; and
    (11) A State, local, or tribal agency.
    (b) Further eligibility requirements--(1) Related to projects. To 
be eligible to receive a grant under this subpart, applicants must 
propose projects that:
    (i) Have the support of the State SNAP agency;
    (ii) Would increase the purchase of fruits and vegetables by low-
income consumers participating in SNAP by providing incentives at the 
point of purchase;
    (iii) Operate through authorized SNAP retailers and comply with all 
relevant SNAP regulations and operating requirements;
    (iv) Agree to participate in the FINI comprehensive program 
evaluation;
    (v) Ensure that the same terms and conditions apply to purchases 
made by individuals with SNAP benefits and with incentives under the 
FINI grants program as apply to purchases made by individuals who are 
not members of households receiving benefits as provided in Sec.  
278.2(b) of this title; and
    (vi) Include effective and efficient technologies for benefit 
redemption systems that may be replicated in other States and 
communities.
    (2) Related to experience and other competencies. To be eligible to 
receive a grant under this subpart, applicants must meet the following 
requirements:
    (i) Have experience:
    (A) In efforts to reduce food insecurity in the community, 
including food distribution, improving access to services, or 
coordinating services and programs; or
    (B) With the SNAP program;
    (ii) Demonstrate competency to implement a project, provide fiscal 
accountability, collect data, and prepare reports and other necessary 
documentation;
    (iii) Secure the commitment of the State SNAP agency to cooperate 
with the project; and
    (iv) Possess a demonstrated willingness to share information with

[[Page 64312]]

researchers, evaluators (including the independent evaluator for the 
program), practitioners, and other interested parties, including a plan 
for dissemination of results to stakeholders.
    (c) Other, non-eligibility considerations. Applicants are 
encouraged:
    (1) To propose projects that will provide employees with important 
job skills; and
    (2) To have experience the following areas:
    (i) Community food work, particularly concerning small and medium-
size farms, including the provision of food to people in low-income 
communities and the development of new markets in low-income 
communities for agricultural producers; and
    (ii) Job training and business development activities for food-
related activities in low-income communities.
    (d) Partnerships. Applicants for a grant under this subpart are 
encouraged to seek and create partnerships with public or private, 
nonprofit or for-profit entities, including links with academic 
institutions (including minority-serving colleges and universities) or 
other appropriate professionals; community-based organizations; local 
government entities; PromiseZone lead applicant/organization or 
implementation partners; and StrikeForce area coordinators or 
partnering entities for the purposes of providing additional Federal 
resources and strengthening under-resourced communities. Only the 
applicant must meet the requirements specified in this section for 
grant eligibility. Project partners and collaborators need not meet the 
eligibility requirements.


Sec.  3430.1104  Project types and priorities.

    (a) FINI Pilot Projects (FPP). FPPs are aimed at new entrants 
seeking funding for a project in the early stages of incentive program 
development.
    (b) FINI Projects (FP). FPs are aimed at mid-sized groups 
developing incentive programs at the local or State level.
    (c) FINI Large Scale Projects (FLSP). FLSPs are aimed at groups 
developing multi-county, State, and regional incentive programs with 
the largest target audience of all FINI projects.


Sec.  3430.1105  Funding restrictions.

    (a) Construction. Funds made available for grants under this 
subpart shall not be used for the construction of a new building or 
facility or the acquisition, expansion, remodeling, or alteration of an 
existing building or facility (including site grading and improvement, 
and architect fees).
    (b) Indirect costs. Subject to Sec.  3430.54, indirect costs are 
allowable.


Sec.  3430.1106  Matching requirements.

    (a) In general. Recipients of a grant under this subpart must 
provide matching contributions on a dollar-for-dollar basis for all 
Federal funds awarded.
    (b) Source and type. The non-Federal share of the cost of a project 
funded by a grant under this subpart may be provided by a State or 
local government or a private source. The matching requirement in this 
section may be met through cash or in-kind contributions, including 
third-party in-kind contributions fairly evaluated, including 
facilities, equipment, or services.
    (c) Limitation. If an applicant partners with a for-profit entity, 
the non-Federal share that is required to be provided by the applicant 
may not include the services of an employee of that for-profit entity, 
including salaries paid or expenses covered by that employer.
    (d) Indirect costs. Use of indirect costs as in-kind matching 
contributions is subject to Sec.  3430.52(b).


Sec.  3430.1107  Program requirements.

    The term of a grant under this subpart may not exceed 5 years. No-
cost extensions of time beyond the maximum award terms will not be 
considered or granted.


Sec.  3430.1108  Priorities.

    (a) In general. Except as provided in paragraph (b) of this 
section, in awarding grants under this subpart, NIFA will give priority 
to projects that:
    (1) Maximize the share of funds used for direct incentives to 
participants;
    (2) Use direct-to-consumer sales marketing;
    (3) Demonstrate a track record of designing and implementing 
successful nutrition incentive programs that connect low-income 
consumers and agricultural producers;
    (4) Provide locally or regionally produced fruits and vegetables;
    (5) Are located in underserved communities; or
    (6) Address other criteria as established by NIFA and included in 
the requests for applications.
    (b) Exception. The priorities in paragraph (a) of this section that 
are given by NIFA will depend on the project type identified in Sec.  
3430.1104. Applicants should refer to the requests for applications to 
determine which priorities will be given to which project types.

    Done at Washington, DC, this 16th day of October, 2015.
Robert E. Holland,
Associate Director for Operations, National Institute of Food and 
Agriculture.
[FR Doc. 2015-26848 Filed 10-22-15; 8:45 am]
BILLING CODE 3410-22-P



                                                                   Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations                                             64309

                                                  Accordingly, we are amending 7 CFR                    NPPO of Ecuador will immediately                      declaration that the consignment was
                                                part 319 as follows:                                    prohibit that production site from                    produced and prepared for export in
                                                                                                        exporting peppers to the United States                accordance with the requirements of
                                                PART 319–FOREIGN QUARANTINE                             and notify APHIS of this action. The                  this section. The shipping box must be
                                                NOTICES                                                 prohibition will remain in effect until               labeled with the identity of the
                                                                                                        the NPPO of Ecuador and APHIS agree                   production site.
                                                ■ 1. The authority citation for part 319                that the pest risk has been mitigated. If
                                                continues to read as follows:                                                                                 (Approved by the Office of Management and
                                                                                                        a designee conducts the program, the                  Budget under control number 0579–0437)
                                                  Authority: 7 U.S.C. 450 and 7701–7772,                designation must be detailed in the
                                                and 7781–7786; 21 U.S.C. 136 and 136a; 7                                                                        Done in Washington, DC, this 19th day of
                                                                                                        operational workplan. The approved                    October 2015.
                                                CFR 2.22, 2.80, and 371.3.                              designee can be a contracted entity, a
                                                                                                                                                              Kevin Shea,
                                                ■ 2. Section 319.56–74 is added to read                 coalition of growers, or the growers
                                                as follows:                                                                                                   Administrator, Animal and Plant Health
                                                                                                        themselves.                                           Inspection Service.
                                                                                                           (4) The registered production sites
                                                § 319.56–74      Peppers from Ecuador.                                                                        [FR Doc. 2015–27013 Filed 10–22–15; 8:45 a.m.]
                                                                                                        must conduct trapping for the fruit flies
                                                  Fresh peppers (Capsicum annum L.,                     A. fraterculus and C. capitata at each                BILLING CODE 3410–34–P
                                                Capsicum baccatum L., Capsicum                          production site in accordance with the
                                                chinense Jacq., Capsicum frutescens L.,                 operational workplan.
                                                and Capsicum pubescens Ruiz & Pav.)                        (5) If a single A. fraterculus or C.               DEPARTMENT OF AGRICULTURE
                                                from Ecuador may be imported into the                   capitata is detected inside a registered
                                                United States only under the conditions                                                                       National Institute of Food and
                                                                                                        production site or in a consignment, the              Agriculture
                                                described in this section. These                        NPPO of Ecuador must immediately
                                                conditions are designed to prevent the                  prohibit that production site from
                                                introduction of the following quarantine                                                                      7 CFR Part 3430
                                                                                                        exporting peppers to the United States
                                                pests: Andean potato mottle virus;                      and notify APHIS of the action. The                   RIN 0524–AA65
                                                Anastrepha fraterculus (Wiedemann),                     prohibition will remain in effect until
                                                South American fruit fly; Ceratitis                     the NPPO of Ecuador and APHIS agree                   Competitive and Noncompetitive Non-
                                                capitata (Wiedemann), Mediterranean                     that the risk has been mitigated.                     Formula Federal Assistance
                                                fruit fly; Neoleucinodes elegantalis                       (6) The NPPO of Ecuador must                       Programs—Specific Administrative
                                                (Guenée), a fruit boring moth; Puccinia                maintain records of trap placement,                   Provisions for the Food Insecurity
                                                pampeana Speg., a pathogenic fungus                     checking of traps, and any quarantine                 Nutrition Incentive Grants Program
                                                that causes pepper and green pepper                     pest captures in accordance with the                  AGENCY:  National Institute of Food and
                                                rust; Spodoptera litura (Fabricius), a                  operational workplan. Trapping records                Agriculture, USDA.
                                                leaf-eating moth; Thrips palmi Karny,                   must be maintained for APHIS review                   ACTION: Final rule.
                                                an arthropod; and Tuta absoluta                         for at least 1 year.
                                                (Meyrick) Povolny, South American                          (7) The NPPO of Ecuador must                       SUMMARY:    The National Institute of Food
                                                tomato moth, tomato leaf miner.                         maintain a quality control program,                   and Agriculture (NIFA) is publishing a
                                                   (a) General requirements. The                        approved by APHIS, to monitor or audit                final rule for the Food Insecurity
                                                national plant protection organization                  the trapping program in accordance                    Nutrition Incentive Grants Program.
                                                (NPPO) of Ecuador must provide an                       with the operational workplan.                        This final rule adds a subpart entitled
                                                operational workplan to APHIS that                         (d) Packinghouse procedures. (1) All               ‘‘Food Insecurity Nutrition Incentive
                                                details activities that the NPPO of                     packinghouses that participate in the                 Grants Program’’ to the part entitled
                                                Ecuador will, subject to APHIS’                         export program must be registered with                ‘‘Competitive and Noncompetitive Non-
                                                approval of the workplan, carry out to                  the NPPO of Ecuador.                                  formula Federal Assistance Programs—
                                                meet the requirements of this section.                     (2) The peppers must be packed                     General Award Administrative
                                                The operational workplan must include                   within 24 hours of harvest in a pest-                 Provisions’’.
                                                and describe the specific requirements                  exclusionary packinghouse. The
                                                                                                                                                              DATES: This final rule becomes effective
                                                as set forth in this section.                           peppers must be safeguarded by an
                                                                                                                                                              on October 23, 2015.
                                                   (b) Commercial consignments.                         insect-proof mesh screen or plastic
                                                                                                        tarpaulin while in transit to the                     FOR FURTHER INFORMATION CONTACT: Lisa
                                                Peppers from Ecuador may be imported
                                                in commercial consignments only.                        packinghouse and while awaiting                       Scott-Morring, Policy Branch Chief,
                                                   (c) Production site requirements. (1)                packing. The peppers must be packed in                Policy and Oversight Division, Phone:
                                                Pepper production sites must consist of                 insect-proof cartons or containers, or                202–401–4515, Email: lisa.scott-
                                                pest-exclusionary structures, which                     covered with insect-proof mesh or                     morring@nifa.usda.gov.
                                                must have double self-closing doors and                 plastic tarpaulin, for transit into the               SUPPLEMENTARY INFORMATION:
                                                have all other windows, openings, and                   United States. These safeguards must                  I. Background and Summary
                                                vents covered with 1.6 mm (or less)                     remain intact until arrival in the United
                                                screening.                                              States or the consignment will be                     Authority
                                                   (2) All production sites that                        denied entry into the United States.                    The Food Insecurity Nutrition
                                                participate in the pepper export                           (3) During the time the packinghouse               Incentive Program (FINI) is authorized
                                                program must be registered with the                     is in use for exporting peppers to the                under section 4405 of the Food,
                                                NPPO of Ecuador.                                        United States, the packinghouse may                   Conservation, and Energy Act of 2008 (7
mstockstill on DSK4VPTVN1PROD with RULES




                                                   (3) The production sites must be                     only accept peppers from registered                   U.S.C. 7517), as added by section 4208
                                                inspected prior to each harvest by the                  approved production sites.                            of the Agricultural Act of 2014 (Pub. L.
                                                NPPO of Ecuador or its approved                            (e) Phytosanitary certificate. Each                113–79).
                                                designee in accordance with the                         consignment of peppers must be
                                                operational workplan. If any quarantine                 accompanied by a phytosanitary                        Organization of 7 CFR Part 3430
                                                pests are found to be generally infesting               certificate issued by the NPPO of                        A primary function of NIFA is the
                                                or infecting the production site, the                   Ecuador bearing the additional                        fair, effective, and efficient


                                           VerDate Sep<11>2014   16:44 Oct 22, 2015   Jkt 238001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\23OCR1.SGM   23OCR1


                                                64310             Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

                                                administration of Federal assistance                    or more; nor will it adversely affect the             government and the States, or on the
                                                programs implementing agricultural                      economy, a sector of the economy,                     distribution of power and
                                                research, education, and extension                      productivity, competition, jobs, the                  responsibilities among the various
                                                programs. The awards made under the                     environment, public health or safety, or              levels of government. As there is no
                                                above authority are subject to the NIFA                 State, local, or Tribal governments or                Federal mandate contained herein that
                                                assistance regulations at 7 CFR part                    communities in a material way. Further,               could result in increased expenditures
                                                3430, Competitive and Noncompetitive                    it does not raise a novel legal or policy             by State, local, or tribal governments, or
                                                Non-formula Federal Assistance                          issue arising out of legal mandates, the              by the private sector, the Department
                                                Programs—General Award                                  President’s priorities, or principles set             has not prepared a budgetary impact
                                                Administrative Provisions. NIFA’s                       forth in the Executive Order.                         statement.
                                                development and publication of this
                                                                                                        Regulatory Flexibility Act of 1980                    Clarity of This Regulation
                                                part serve to enhance its accountability
                                                and to standardize procedures across                       This final rule has been reviewed in                  Executive Order 12866 and the
                                                the Federal assistance programs it                      accordance with the Regulatory                        President’s Memorandum of June 1,
                                                administers while providing                             Flexibility Act of 1980, as amended by                1998, require each agency to write all
                                                transparency to the public. NIFA                        the Small Business Regulatory                         rules in plain language. The Department
                                                published 7 CFR part 3430 with                          Enforcement Fairness Act of 1996, (5                  invites comments on how to make this
                                                subparts A through E as a final rule on                 U.S.C. 601–612). The Department                       final rule easier to understand.
                                                September 4, 2009 [74 FR 45736–                         certifies that this final rule will not have
                                                                                                        a significant economic impact on a                    List of Subjects in 7 CFR Part 3430
                                                45752]. These regulations apply to all
                                                Federal assistance programs                             substantial number of small entities.                   Administrative practice and
                                                administered by NIFA except for the                     The rule does not involve regulatory                  procedure, Agricultural research, Grant
                                                capacity grant programs identified in 7                 and informational requirements                        programs—agriculture, Privacy,
                                                CFR 3430.1(f), the Small Business                       regarding businesses, organizations, and              Reporting and recordkeeping
                                                Innovation Research programs, with                      governmental jurisdictions subject to                 requirements.
                                                implementing regulations at 7 CFR part                  regulation.                                             Accordingly, 7 CFR part 3430 is
                                                3403, and the Veterinary Medicine Loan                  Paperwork Reduction Act                               amended as set forth below:
                                                Repayment Program, with implementing
                                                regulations at 7 CFR part 3431.                            The Department certifies that this                 PART 3430—COMPETITIVE AND
                                                   NIFA organized part 3430 as follows:                 final rule has been assessed in                       NONCOMPETITIVE NON-FORMULA
                                                Subparts A through E provide                            accordance with the requirements of the               FEDERAL ASSISTANCE PROGRAMS—
                                                administrative provisions for all                       Paperwork Reduction Act, 44 U.S.C.                    GENERAL AWARD ADMINISTRATIVE
                                                competitive and noncompetitive non-                     3501 et seq. The Department concludes                 PROVISIONS
                                                capacity Federal assistance programs.                   that this final rule does not impose any
                                                Subparts F and thereafter apply to                      new information requirements or                       ■ 1. The authority citation for part 3430
                                                specific NIFA programs.                                 increase the burden hours. In addition                continues to read as follows:
                                                   NIFA is, to the extent practical, using              to the SF–424 form families (i.e.,                      Authority: 7 U.S.C. 3316; Pub. L. 106–107
                                                the following subpart template for each                 Research and Related and Mandatory)                   (31 U.S.C. 6101 note).
                                                program authority: (1) Applicability of                 and the SF–425 Federal Financial
                                                                                                        Report (FFR) No. 0348–0061, NIFA has                  ■   2. Add subpart P to read as follows:
                                                regulations; (2) purpose; (3) definitions
                                                (those in addition to or different from                 three currently approved OMB                          Subpart P—Food Insecurity Nutrition
                                                § 3430.2); (4) eligibility; (5) project types           information collections associated with               Incentive Program
                                                and priorities; (6) funding restrictions;               this rulemaking: OMB Information                      Sec.
                                                and (7) matching requirements.                          Collection No. 0524–0042, NIFA                        3430.1100 Applicability of regulations.
                                                Subparts F and thereafter contain the                   REEport; No. 0524–0041, NIFA                          3430.1101 Purpose.
                                                                                                        Application Review Process; and No.                   3430.1102 Definitions.
                                                above seven components in this order.                                                                         3430.1103 Eligibility.
                                                Additional sections may be added for a                  0524–0026, Assurance of Compliance
                                                                                                        with the Department of Agriculture                    3430.1104 Project types and priorities.
                                                specific program if there are additional                                                                      3430.1105 Funding restrictions.
                                                requirements or a need for additional                   Regulations Assuring Civil Rights                     3430.1106 Matching requirements.
                                                rules for the program (e.g., additional                 Compliance and Organizational                         3430.1107 Program requirements.
                                                reporting requirements). Through this                   Information.                                          3430.1108 Priorities.
                                                rulemaking, NIFA is adding subpart P                    Catalog of Federal Domestic Assistance
                                                for the administrative provisions that                                                                        Subpart P—Food Insecurity Nutrition
                                                                                                          This final rule applies to the                      Incentive Program
                                                are specific to the FINI program.
                                                                                                        following Federal financial assistance
                                                II. Administrative Requirements for the                 programs administered by NIFA: CFDA                   § 3430.1100   Applicability of regulations.
                                                Rulemaking                                              No. 10.331 Food Insecurity Nutrition                    The regulations in this subpart apply
                                                                                                        Incentive Grants Program.                             to the Food Insecurity Nutrition
                                                Executive Order 12866
                                                                                                                                                              Incentive (FINI) grants program
                                                   This action has been determined to be                Unfunded Mandates Reform Act of 1995
                                                                                                                                                              authorized under section 4405 of the
                                                not significant for purposes of Executive               and Executive Order 13132
                                                                                                                                                              Food, Conservation, and Energy Act of
                                                Order 12866. The rule will not create a                    The Department has reviewed this                   2008 (7 U.S.C. 7517), as added by
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                                                serious inconsistency or otherwise                      final rule in accordance with the                     section 4208 of the Agricultural Act of
                                                interfere with an action taken or                       requirements of Executive Order No.                   2014 (Pub. L. 113–79).
                                                planned by another agency; nor will it                  13132 and the Unfunded Mandates
                                                materially alter the budgetary impact of                Reform Act of 1995, 2 U.S.C. 1501 et                  § 3430.1101   Purpose.
                                                entitlements, grants, user fees, or loan                seq., and has found no potential or                     The primary goal of the FINI grants
                                                programs; nor will it have an annual                    substantial direct effects on the States,             program is to fund and evaluate projects
                                                effect on the economy of $100 million                   on the relationship between the national              intended to increase the purchase of


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                                                                  Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations                                        64311

                                                fruits and vegetables by low-income           indicate a measurable change in                                 demonstrate in their application that
                                                consumers participating in                    participant knowledge, attitudes, or                            they are a government agency or
                                                Supplemental Nutrition Assistance             behaviors.                                                      nonprofit organization. Eligible
                                                Program (SNAP) by providing                      Process evaluation means examining                           government agencies and nonprofit
                                                incentives at the point of purchase.          program activities in terms of:                                 organizations may include:
                                                                                                 (1) The age, sex, race, occupation, or                         (1) An emergency feeding
                                                § 3430.1102 Definitions.                      other demographic variables of the                              organization;
                                                   The definitions applicable to the FINI target population;                                                    (2) An agricultural cooperative;
                                                grants program under this subpart                (2) The program’s organization,                                (3) A producer network or association;
                                                include:                                      funding, and staffing; and                                        (4) A community health organization;
                                                   Community food assessment means a             (3) The program’s location and timing.                         (5) A public benefit corporation;
                                                collaborative and participatory process       Process evaluation focuses on program                             (6) An economic development
                                                that systematically examines a broad          activities rather than outcomes.                                corporation;
                                                range of community food issues and               PromiseZone refers to designated                               (7) A farmers’ market;
                                                assets, so as to inform change actions to high-poverty communities ‘‘where the                                  (8) A community-supported
                                                make the community more food secure.          federal government will partner with                            agriculture program;
                                                   Emergency feeding organization             and invest in communities to create                               (9) A buying club;
                                                means a public or nonprofit                   jobs, leverage private investment,                                (10) A SNAP-authorized retailer; and
                                                organization that administers activities      increase economic activity, expand                                (11) A State, local, or tribal agency.
                                                and projects (including the activities        educational opportunities, and improve                            (b) Further eligibility requirements—
                                                and projects of a charitable institution,     public safety.’’ See https://                                   (1) Related to projects. To be eligible to
                                                a food bank, a food pantry, a hunger          www.hudexchange.info/programs/                                  receive a grant under this subpart,
                                                relief center, a soup kitchen, or a similar promise-zones/.                                                   applicants must propose projects that:
                                                public or private nonprofit eligible             Nonprofit organization means a                                 (i) Have the support of the State SNAP
                                                recipient agency) providing nutrition         special type of organizationthat has                            agency;
                                                assistance to relieve situations of           been organized to meet specific tax-                              (ii) Would increase the purchase of
                                                emergency and distress through the            exempt purposes. To qualify for                                 fruits and vegetables by low-income
                                                provision of food to needy persons,           nonprofit status, your organizationmust                         consumers participating in SNAP by
                                                including low-income and unemployed be formed to benefit:                                                     providing incentives at the point of
                                                persons. (See 7 U.S.C. 7501).                    (1) The public;                                              purchase;
                                                   Exemplary practices means high                (2) A specific group of individuals; or                        (iii) Operate through authorized
                                                quality community food security work             (3) The membership of the nonprofit.                         SNAP retailers and comply with all
                                                that emphasizes food security,                   StrikeForce means the ‘‘USDA’s                               relevant SNAP regulations and
                                                nutritional quality, environmental            StrikeForce Initiative for Rural Growth                         operating requirements;
                                                stewardship, and economic and social          and Opportunity, which works to                                   (iv) Agree to participate in the FINI
                                                equity.                                       address the unique set of challenges                            comprehensive program evaluation;
                                                   Expert reviewers means individuals         faced by many of America’s rural                                  (v) Ensure that the same terms and
                                                selected from among those recognized          communities. Through StrikeForce,                               conditions apply to purchases made by
                                                as uniquely qualified by training and         USDA is leveraging resources and                                individuals with SNAP benefits and
                                                experience in their respective fields to      collaborating with partners and                                 with incentives under the FINI grants
                                                give expert advice on the merit of grant      stakeholders to improve economic                                program as apply to purchases made by
                                                applications in such fields who evaluate opportunity and quality of life in these                             individuals who are not members of
                                                eligible proposals submitted to this          areas. See http://www.usda.gov/wps/                             households receiving benefits as
                                                program in their respective area(s) of        portal/usda/usdahome?navid=STRIKE_                              provided in § 278.2(b) of this title; and
                                                expertise.                                    FORCE for more information.                                       (vi) Include effective and efficient
                                                   Food security means access to                 Supplemental Nutrition Assistance                            technologies for benefit redemption
                                                affordable, nutritious, and culturally        Program (SNAP) means the                                        systems that may be replicated in other
                                                appropriate food for all people at all        supplemental nutrition assistance                               States and communities.
                                                times.                                        program established under the Food and                            (2) Related to experience and other
                                                   Fruits and vegetables means, for the       Nutrition Act of 2008 (7 U.S.C. 2011 et                         competencies. To be eligible to receive
                                                purposes of the incentives provided           seq.).                                                          a grant under this subpart, applicants
                                                under these grants, any variety of fresh,        Value chain means adding value to a                          must meet the following requirements:
                                                canned, dried, or frozen whole or cut         product, including production,                                    (i) Have experience:
                                                fruits and vegetables without added           marketing, and the provision of after-                            (A) In efforts to reduce food insecurity
                                                sugars, fats or oils, and salt (i.e. sodium). sales service and incorporating fair                            in the community, including food
                                                   Logic model means a systematic and         pricing to farms. It also involves keeping                      distribution, improving access to
                                                visual way to present and share an            the final pricing to customers within                           services, or coordinating services and
                                                understanding of the relationships            competitive range. Value chain                                  programs; or
                                                among resources available to operate a        development, therefore, is a process of                           (B) With the SNAP program;
                                                program, and includes: Planned                building relationships between supplier                           (ii) Demonstrate competency to
                                                activities and anticipated results; and       and buyer that are reciprocal and win-                          implement a project, provide fiscal
                                                the presentation of the resources,            win; instead of always striving to buy at                       accountability, collect data, and prepare
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                                                inputs, activities, outputs, outcomes and lowest cost.                                                        reports and other necessary
                                                impacts.                                                                                                      documentation;
                                                   Outcomes means the changes in the          § 3430.1103 Eligibility.                                          (iii) Secure the commitment of the
                                                wellbeing of individuals that can be             (a) In general. Eligibility to receive a                     State SNAP agency to cooperate with
                                                attributed to a particular project,           grant under this subpart is limited to                          the project; and
                                                program, or policy, or that a program         government agencies and nonprofit                                 (iv) Possess a demonstrated
                                                hopes to achieve over time. They              organizations. All applicants must                              willingness to share information with


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                                                64312              Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations

                                                researchers, evaluators (including the                     (b) Indirect costs. Subject to § 3430.54,                Done at Washington, DC, this 16th day of
                                                independent evaluator for the program),                  indirect costs are allowable.                            October, 2015.
                                                practitioners, and other interested                                                                               Robert E. Holland,
                                                parties, including a plan for                            § 3430.1106       Matching requirements.                 Associate Director for Operations, National
                                                dissemination of results to stakeholders.                  (a) In general. Recipients of a grant                  Institute of Food and Agriculture.
                                                  (c) Other, non-eligibility                             under this subpart must provide                          [FR Doc. 2015–26848 Filed 10–22–15; 8:45 am]
                                                considerations. Applicants are                           matching contributions on a dollar-for-                  BILLING CODE 3410–22–P
                                                encouraged:                                              dollar basis for all Federal funds
                                                  (1) To propose projects that will                      awarded.
                                                provide employees with important job                       (b) Source and type. The non-Federal                   DEPARTMENT OF TRANSPORTATION
                                                skills; and                                              share of the cost of a project funded by
                                                  (2) To have experience the following                   a grant under this subpart may be                        Federal Aviation Administration
                                                areas:                                                   provided by a State or local government
                                                  (i) Community food work, particularly                  or a private source. The matching                        14 CFR Part 39
                                                concerning small and medium-size                         requirement in this section may be met
                                                farms, including the provision of food to                                                                         [Docket No. FAA–2012–0913; Directorate
                                                                                                         through cash or in-kind contributions,                   Identifier 2012–NE–23–AD; Amendment 39–
                                                people in low-income communities and                     including third-party in-kind
                                                the development of new markets in low-                                                                            18261; AD 2015–18–03]
                                                                                                         contributions fairly evaluated, including
                                                income communities for agricultural                      facilities, equipment, or services.                      RIN 2120–AA64
                                                producers; and
                                                  (ii) Job training and business                           (c) Limitation. If an applicant partners
                                                                                                                                                                  Airworthiness Directives; Honeywell
                                                development activities for food-related                  with a for-profit entity, the non-Federal
                                                                                                                                                                  International Inc. Turboprop Engines
                                                activities in low-income communities.                    share that is required to be provided by
                                                                                                                                                                  (Type Certificate Previously Held by
                                                  (d) Partnerships. Applicants for a                     the applicant may not include the
                                                                                                                                                                  AlliedSignal Inc., Garrett Engine
                                                grant under this subpart are encouraged                  services of an employee of that for-profit
                                                                                                                                                                  Division; Garrett Turbine Engine
                                                to seek and create partnerships with                     entity, including salaries paid or
                                                                                                                                                                  Company; and AiResearch
                                                public or private, nonprofit or for-profit               expenses covered by that employer.
                                                                                                                                                                  Manufacturing Company of Arizona)
                                                entities, including links with academic                    (d) Indirect costs. Use of indirect costs
                                                institutions (including minority-serving                 as in-kind matching contributions is                     Correction
                                                colleges and universities) or other                      subject to § 3430.52(b).                                   In rule document 2015–25606,
                                                appropriate professionals; community-                                                                             appearing on pages 61091 through
                                                                                                         § 3430.1107       Program requirements.
                                                based organizations; local government                                                                             61093 in the issue of Friday, October 9,
                                                entities; PromiseZone lead applicant/                      The term of a grant under this subpart                 2015, make the following correction:
                                                organization or implementation                           may not exceed 5 years. No-cost                            On page 61093, at the top of the page,
                                                partners; and StrikeForce area                           extensions of time beyond the                            the image heading ‘‘Figure 2 to
                                                coordinators or partnering entities for                  maximum award terms will not be                          Paragraph (e)—Airplane Operating
                                                the purposes of providing additional                     considered or granted.                                   Procedures’’ should read ‘‘Figure 1 to
                                                Federal resources and strengthening                                                                               Paragraph (e)—Airplane Operating
                                                                                                         § 3430.1108       Priorities.
                                                under-resourced communities. Only the                                                                             Procedures’’.
                                                applicant must meet the requirements                       (a) In general. Except as provided in                  [FR Doc. C1–2015–25606 Filed 10–22–15; 8:45 am]
                                                specified in this section for grant                      paragraph (b) of this section, in
                                                                                                                                                                  BILLING CODE 1505–01–D
                                                eligibility. Project partners and                        awarding grants under this subpart,
                                                collaborators need not meet the                          NIFA will give priority to projects that:
                                                eligibility requirements.                                  (1) Maximize the share of funds used                   DEPARTMENT OF TRANSPORTATION
                                                § 3430.1104      Project types and priorities.
                                                                                                         for direct incentives to participants;
                                                                                                           (2) Use direct-to-consumer sales                       Federal Aviation Administration
                                                   (a) FINI Pilot Projects (FPP). FPPs are
                                                aimed at new entrants seeking funding                    marketing;
                                                                                                                                                                  14 CFR Part 39
                                                for a project in the early stages of                       (3) Demonstrate a track record of
                                                incentive program development.                           designing and implementing successful                    [Docket No. FAA–2015–0869; Directorate
                                                   (b) FINI Projects (FP). FPs are aimed                 nutrition incentive programs that                        Identifier 2015–NE–11–AD; Amendment 39–
                                                at mid-sized groups developing                           connect low-income consumers and                         18296; AD 2015–21–04]
                                                incentive programs at the local or State                 agricultural producers;
                                                                                                                                                                  RIN 2120–AA64
                                                level.                                                     (4) Provide locally or regionally
                                                   (c) FINI Large Scale Projects (FLSP).                 produced fruits and vegetables;                          Airworthiness Directives; Pratt &
                                                FLSPs are aimed at groups developing                       (5) Are located in underserved                         Whitney Turbofan Engines
                                                multi-county, State, and regional                        communities; or
                                                incentive programs with the largest                                                                               AGENCY:  Federal Aviation
                                                                                                           (6) Address other criteria as                          Administration (FAA), DOT.
                                                target audience of all FINI projects.
                                                                                                         established by NIFA and included in the
                                                                                                                                                                  ACTION: Final rule.
                                                § 3430.1105      Funding restrictions.                   requests for applications.
                                                  (a) Construction. Funds made                             (b) Exception. The priorities in                       SUMMARY:  We are adopting a new
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                                                available for grants under this subpart                  paragraph (a) of this section that are                   airworthiness directive (AD) for certain
                                                shall not be used for the construction of                given by NIFA will depend on the                         Pratt & Whitney (PW) PW4164, PW4168,
                                                a new building or facility or the                        project type identified in § 3430.1104.                  PW4168A, PW4164–1D, PW4168–1D,
                                                acquisition, expansion, remodeling, or                   Applicants should refer to the requests                  PW4168A–1D, and PW4170 turbofan
                                                alteration of an existing building or                    for applications to determine which                      engines. This AD was prompted by
                                                facility (including site grading and                     priorities will be given to which project                crack finds in the 6th stage low-pressure
                                                improvement, and architect fees).                        types.                                                   turbine (LPT) disk. This AD requires


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Document Created: 2015-12-14 15:32:02
Document Modified: 2015-12-14 15:32:02
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 final rule becomes effective on October 23, 2015.
ContactLisa Scott-Morring, Policy Branch Chief, Policy and Oversight Division, Phone: 202-401-4515, Email: [email protected]
FR Citation80 FR 64309 
RIN Number0524-AA65
CFR AssociatedAdministrative Practice and Procedure; Agricultural Research; Grant Programs-Agriculture; Privacy and Reporting and Recordkeeping Requirements

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