81_FR_58975 81 FR 58809 - Agriculture and Food Research Initiative Competitive Federal Grants Program-General Administration Provisions

81 FR 58809 - Agriculture and Food Research Initiative Competitive Federal Grants Program-General Administration Provisions

DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture

Federal Register Volume 81, Issue 166 (August 26, 2016)

Page Range58809-58811
FR Document2016-18422

The National Institute of Food and Agriculture (NIFA) is publishing as a final rule a revision to the general administrative guidelines applicable to the Agriculture and Food Research Initiative (AFRI) competitive grant program. The purpose of this final rule is to implement the Agriculture and Food Research Initiative commodity board provision added by section 7404 of the Agricultural Act of 2014 making it necessary to modify the AFRI regulations.

Federal Register, Volume 81 Issue 166 (Friday, August 26, 2016)
[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Rules and Regulations]
[Pages 58809-58811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18422]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules 
and Regulations

[[Page 58809]]



DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture

7 CFR Part 3430

RIN 0524-AA67


Agriculture and Food Research Initiative Competitive Federal 
Grants Program--General Administration Provisions

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Final rule with request for comments.

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

SUMMARY: The National Institute of Food and Agriculture (NIFA) is 
publishing as a final rule a revision to the general administrative 
guidelines applicable to the Agriculture and Food Research Initiative 
(AFRI) competitive grant program. The purpose of this final rule is to 
implement the Agriculture and Food Research Initiative commodity board 
provision added by section 7404 of the Agricultural Act of 2014 making 
it necessary to modify the AFRI regulations.

DATES: This final rule becomes effective on August 26, 2016. NIFA is 
requesting comments for 30 days until September 26, 2016.

ADDRESSES: You may submit comments, identified by Agriculture and Food 
Research Initiative Competitive Federal Grants Program--General 
Administration Provisions, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include Agriculture and Food 
Research Initiative Competitive Federal Grants Program--General 
Administration Provisions in the subject line of the message.
    Instructions: All comments received must include the agency name 
and reference to Agriculture and Food Research Initiative Competitive 
Federal Grants Program--General Administration Provisions. All comments 
received will be posted to http://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: Maria Koszalka, Division Director, 
Policy and Oversight Division, Phone: 202-401-4325, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Summary

Authority

    This rulemaking is authorized by section 2(b) of the Competitive, 
Special, and Faculties Research Grant Act 7 U.S.C. 450i(b).

Organization of 7 CFR Part 3430

    A primary function of NIFA is the fair, effective, and efficient 
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 regulation for its non-formula 
Federal assistance programs enhances its accountability and 
standardizes procedures across the Federal assistance programs it 
administers while providing transparency to the public. NIFA published 
7 CFR part 3430 with subparts A through F 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 formula 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 (VMLRP), with 
implementing regulations at 7 CFR part 3431.
    NIFA organized the regulation as follows: Subparts A through E 
provide administrative provisions for all competitive and 
noncompetitive non-formula 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, (7) matching requirements, and (8) duration of 
grant. 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 making minor additions to Subpart 
G--Agriculture and Food Research Initiative (AFRI) in order to 
implement the AFRI commodity board provision from section 7404 of the 
Agricultural Act of 2014 (Pub. L. 113-79).

Subpart G of 7 CFR 3430

    Subpart G contains the administrative provisions for the 
Agriculture and Food Research Initiative (AFRI). The purpose of AFRI is 
to make competitive grants for fundamental and applied research, 
extension, and education to address food and agricultural sciences, as 
defined under section 1404 of the National Agriculture Research, 
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3103).

II. Revisions Included in the Final Rule

Subpart G

    Section 7404 of the Agricultural Act of 2014 amended the general 
administration, special considerations, and eligible entities 
subsections for the Agriculture and Food Research Initiative (AFRI) 
program, and added a special contributions requirement making it 
necessary to modify the program's administrative provisions.
    With this rule, NIFA makes clear that it will solicit funding ideas 
under this subpart from statutorily defined national and state 
commodity boards for research topics that the commodity boards are 
willing to co-fund equally with NIFA under the AFRI competitive grant 
program. If the ideas are evaluated and found to be consistent with the 
AFRI statutory priorities and priorities noted in the President's 
budget request related to NIFA, the topics will be

[[Page 58810]]

incorporated in existing program areas in the relevant AFRI Request for 
Applications (RFA(s)). Researchers wishing to submit a proposal on a 
topic suggested by a commodity board will be required to obtain a 
letter of support from the co-funding commodity board. The applications 
submitted in response to a commodity board co-funded topic will compete 
against all proposals submitted in the same RFA program area. Supported 
applications will receive no preference regarding the evaluation of 
their scientific merit. Letters of commodity board support will be used 
by NIFA solely to determine that the application fits within the 
commodity board co-funded topic and the commodity board is willing to 
co-fund that application, if it is evaluated by the review panel as 
being meritorious and recommended for award.

III. Administrative Requirements for the Rulemaking

    While the Administrative Procedure Act (APA), 5 U.S.C. 553(a)(2), 
specifically exempts rules that involve public property, loans, grants, 
benefits, or contracts from notice-and-comment requirements, NIFA is 
issuing this rule as final with request for comments. Accordingly, NIFA 
is allowing 30 days for the submission of comments.
    If upon consideration of the comments received in response to this 
notice NIFA decides to amend the AFRI final rule, NIFA will issue a 
subsequent final rule that includes an explanation of any changes made 
in response to the comments.

Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been determined to be not significant.

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 Director 
certifies that this final regulation will not have a significant 
economic impact on a substantial number of small entities. This final 
regulation will affect institutions of higher education receiving 
Federal funds under this program. The U.S. Small Business 
Administration Size Standards define institutions as ``small entities'' 
if they are for-profit or nonprofit institutions with total annual 
revenue below $5,000,000 or if they are institutions controlled by 
governmental entities with populations below 50,000. The rule does not 
involve regulatory and informational requirements regarding businesses, 
organizations, and governmental jurisdictions subject to regulation.

Paperwork Reduction Act (PRA)

    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. (PRA). 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, Organizational Information.

Catalog of Federal Domestic Assistance

    This final regulation applies to the following Federal financial 
assistance programs administered by NIFA including CFDA No. 10.310, 
Agriculture and Food Research Initiative (AFRI).

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, 
Education, Extension, Federal assistance.

    Accordingly, the Department of Agriculture, National Institute of 
Food and Agriculture, adopts the final rule amending 7 CFR part 3430 
which was published at 75 FR 54759 on September 9, 2010, and amends 7 
CFR part 3430 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).

Subpart G--Agriculture and Food Research Initiative

0
2. Add Sec.  3430.313 to read as follows:


Sec.  3430.313  Inclusion of research topics proposed by national and 
state commodity boards in request for applications.

    NIFA will solicit funding ideas under this subpart from statutorily 
defined national and state commodity boards for research topics that 
the commodity boards are willing to co-fund equally with NIFA under the 
AFRI competitive grant program. If the ideas are evaluated and found to 
be consistent with the AFRI statutory priorities and priorities noted 
in the President's budget request related to NIFA, the topics will be 
incorporated in existing program areas in the relevant AFRI Request for 
Applications (RFA(s)). Researchers wishing to submit a proposal on a 
topic suggested by a commodity board will be required to obtain a 
letter of support from the co-funding commodity board. The applications 
submitted in response to a commodity board co-funded topic will compete 
against all proposals submitted in the same RFA program area. Supported 
applications will receive no preference regarding the evaluation of 
their scientific merit. Letters of commodity board support will be used 
by NIFA solely to determine that the application fits within the 
commodity board co-funded topic and

[[Page 58811]]

the commodity board is willing to co-fund that application, if it is 
evaluated by the review panel as being meritorious and recommended for 
award.

    Done at Washington, DC, this 29 day of July, 2016.
Robert E. Holland,
Associate Director for Operations, National Institute of Food and 
Agriculture.
[FR Doc. 2016-18422 Filed 8-25-16; 8:45 am]
 BILLING CODE 3410-22-P



                                                                                                                                                                                              58809

                                           Rules and Regulations                                                                                         Federal Register
                                                                                                                                                         Vol. 81, No. 166

                                                                                                                                                         Friday, August 26, 2016



                                           This section of the FEDERAL REGISTER                      Instructions: All comments received                 Subparts F and thereafter apply to
                                           contains regulatory documents having general            must include the agency name and                      specific NIFA programs.
                                           applicability and legal effect, most of which           reference to Agriculture and Food                        NIFA is, to the extent practical, using
                                           are keyed to and codified in the Code of                Research Initiative Competitive Federal               the following subpart template for each
                                           Federal Regulations, which is published under           Grants Program—General                                program authority: (1) Applicability of
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                   Administration Provisions. All                        regulations, (2) purpose, (3) definitions
                                           The Code of Federal Regulations is sold by              comments received will be posted to                   (those in addition to or different from
                                           the Superintendent of Documents. Prices of              http://www.regulations.gov, including                 § 3430.2), (4) eligibility, (5) project types
                                           new books are listed in the first FEDERAL               any personal information provided.                    and priorities, (6) funding restrictions,
                                           REGISTER issue of each week.                            FOR FURTHER INFORMATION CONTACT:                      (7) matching requirements, and (8)
                                                                                                   Maria Koszalka, Division Director,                    duration of grant. Subparts F and
                                                                                                   Policy and Oversight Division, Phone:                 thereafter contain the above seven
                                           DEPARTMENT OF AGRICULTURE                               202–401–4325, Email: maria.koszalka@                  components in this order. Additional
                                                                                                   nifa.usda.gov.                                        sections may be added for a specific
                                           National Institute of Food and                                                                                program if there are additional
                                           Agriculture                                             SUPPLEMENTARY INFORMATION:
                                                                                                                                                         requirements or a need for additional
                                                                                                   I. Background and Summary                             rules for the program (e.g., additional
                                           7 CFR Part 3430                                                                                               reporting requirements).
                                                                                                   Authority
                                           RIN 0524–AA67                                                                                                    Through this rulemaking, NIFA is
                                                                                                     This rulemaking is authorized by                    making minor additions to Subpart G—
                                           Agriculture and Food Research                           section 2(b) of the Competitive, Special,             Agriculture and Food Research
                                           Initiative Competitive Federal Grants                   and Faculties Research Grant Act 7                    Initiative (AFRI) in order to implement
                                           Program—General Administration                          U.S.C. 450i(b).                                       the AFRI commodity board provision
                                           Provisions                                              Organization of 7 CFR Part 3430                       from section 7404 of the Agricultural
                                                                                                                                                         Act of 2014 (Pub. L. 113–79).
                                           AGENCY:  National Institute of Food and                    A primary function of NIFA is the
                                           Agriculture, USDA.                                      fair, effective, and efficient                        Subpart G of 7 CFR 3430
                                           ACTION: Final rule with request for                     administration of Federal assistance                    Subpart G contains the administrative
                                           comments.                                               programs implementing agricultural                    provisions for the Agriculture and Food
                                                                                                   research, education, and extension                    Research Initiative (AFRI). The purpose
                                           SUMMARY:    The National Institute of Food              programs. The awards made under the                   of AFRI is to make competitive grants
                                           and Agriculture (NIFA) is publishing as                 above authority are subject to the NIFA               for fundamental and applied research,
                                           a final rule a revision to the general                  assistance regulations at 7 CFR part                  extension, and education to address
                                           administrative guidelines applicable to                 3430, Competitive and Noncompetitive                  food and agricultural sciences, as
                                           the Agriculture and Food Research                       Non-formula Federal Assistance                        defined under section 1404 of the
                                           Initiative (AFRI) competitive grant                     Programs—General Award                                National Agriculture Research,
                                           program. The purpose of this final rule                 Administrative Provisions. NIFA’s
                                                                                                                                                         Extension, and Teaching Policy Act of
                                           is to implement the Agriculture and                     development and publication of this
                                                                                                                                                         1977, as amended (7 U.S.C. 3103).
                                           Food Research Initiative commodity                      regulation for its non-formula Federal
                                           board provision added by section 7404                   assistance programs enhances its                      II. Revisions Included in the Final Rule
                                           of the Agricultural Act of 2014 making                  accountability and standardizes
                                                                                                                                                         Subpart G
                                           it necessary to modify the AFRI                         procedures across the Federal assistance
                                           regulations.                                            programs it administers while providing                  Section 7404 of the Agricultural Act
                                                                                                   transparency to the public. NIFA                      of 2014 amended the general
                                           DATES:  This final rule becomes effective               published 7 CFR part 3430 with                        administration, special considerations,
                                           on August 26, 2016. NIFA is requesting                  subparts A through F as a final rule on               and eligible entities subsections for the
                                           comments for 30 days until September                    September 4, 2009 [74 FR 45736–                       Agriculture and Food Research
                                           26, 2016.                                               45752]. These regulations apply to all                Initiative (AFRI) program, and added a
                                           ADDRESSES: You may submit comments,                     Federal assistance programs                           special contributions requirement
                                           identified by Agriculture and Food                      administered by NIFA except for the                   making it necessary to modify the
                                           Research Initiative Competitive Federal                 formula grant programs identified in 7                program’s administrative provisions.
                                           Grants Program—General                                  CFR 3430.1(f), the Small Business                        With this rule, NIFA makes clear that
                                           Administration Provisions, by any of the                Innovation Research programs with                     it will solicit funding ideas under this
                                           following methods:                                      implementing regulations at 7 CFR part                subpart from statutorily defined
                                              Federal eRulemaking Portal: http://                  3403, and the Veterinary Medicine Loan                national and state commodity boards for
                                           www.regulations.gov. Follow the                         Repayment Program (VMLRP), with                       research topics that the commodity
                                           instructions for submitting comments.                   implementing regulations at 7 CFR part                boards are willing to co-fund equally
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                                              Email: commodityboards@                              3431.                                                 with NIFA under the AFRI competitive
                                           nifa.usda.gov. Include Agriculture and                     NIFA organized the regulation as                   grant program. If the ideas are evaluated
                                           Food Research Initiative Competitive                    follows: Subparts A through E provide                 and found to be consistent with the
                                           Federal Grants Program—General                          administrative provisions for all                     AFRI statutory priorities and priorities
                                           Administration Provisions in the subject                competitive and noncompetitive non-                   noted in the President’s budget request
                                           line of the message.                                    formula Federal assistance programs.                  related to NIFA, the topics will be


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                                           58810              Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations

                                           incorporated in existing program areas                  a significant economic impact on a                    Clarity of This Regulation
                                           in the relevant AFRI Request for                        substantial number of small entities.                    Executive Order 12866 and the
                                           Applications (RFA(s)). Researchers                      This final regulation will affect                     President’s Memorandum of June 1,
                                           wishing to submit a proposal on a topic                 institutions of higher education                      1998, require each agency to write all
                                           suggested by a commodity board will be                  receiving Federal funds under this                    rules in plain language. The Department
                                           required to obtain a letter of support                  program. The U.S. Small Business                      invites comments on how to make this
                                           from the co-funding commodity board.                    Administration Size Standards define                  final rule easier to understand.
                                           The applications submitted in response                  institutions as ‘‘small entities’’ if they
                                           to a commodity board co-funded topic                    are for-profit or nonprofit institutions              List of Subjects in 7 CFR Part 3430
                                           will compete against all proposals                      with total annual revenue below                          Administrative practice and
                                           submitted in the same RFA program                       $5,000,000 or if they are institutions                procedure, Agricultural research,
                                           area. Supported applications will                       controlled by governmental entities                   Education, Extension, Federal
                                           receive no preference regarding the                     with populations below 50,000. The                    assistance.
                                           evaluation of their scientific merit.                   rule does not involve regulatory and                     Accordingly, the Department of
                                           Letters of commodity board support will                 informational requirements regarding                  Agriculture, National Institute of Food
                                           be used by NIFA solely to determine                     businesses, organizations, and                        and Agriculture, adopts the final rule
                                           that the application fits within the                    governmental jurisdictions subject to                 amending 7 CFR part 3430 which was
                                           commodity board co-funded topic and                     regulation.                                           published at 75 FR 54759 on September
                                           the commodity board is willing to co-
                                                                                                   Paperwork Reduction Act (PRA)                         9, 2010, and amends 7 CFR part 3430 as
                                           fund that application, if it is evaluated
                                                                                                                                                         set forth below:
                                           by the review panel as being meritorious
                                           and recommended for award.                                 The Department certifies that this
                                                                                                   final rule has been assessed in                       PART 3430—COMPETITIVE AND
                                           III. Administrative Requirements for                    accordance with the requirements of the               NONCOMPETITIVE NON–FORMULA
                                           the Rulemaking                                          Paperwork Reduction Act, 44 U.S.C.                    FEDERAL ASSISTANCE PROGRAMS—
                                                                                                   3501 et seq. (PRA). The Department                    GENERAL AWARD ADMINISTRATIVE
                                              While the Administrative Procedure
                                                                                                   concludes that this final rule does not               PROVISIONS
                                           Act (APA), 5 U.S.C. 553(a)(2),
                                           specifically exempts rules that involve                 impose any new information                            ■ 1. The authority citation for part 3430
                                           public property, loans, grants, benefits,               requirements or increase the burden                   continues to read as follows:
                                           or contracts from notice-and-comment                    hours. In addition to the SF–424 form
                                                                                                   families (i.e., Research and Related and                Authority: 7 U.S.C. 3316; Pub. L. 106–107
                                           requirements, NIFA is issuing this rule                                                                       (31 U.S.C. 6101 note).
                                           as final with request for comments.                     Mandatory) and the SF–425 Federal
                                           Accordingly, NIFA is allowing 30 days                   Financial Report (FFR) No. 0348–0061,                 Subpart G—Agriculture and Food
                                           for the submission of comments.                         NIFA has three currently approved                     Research Initiative
                                              If upon consideration of the                         OMB information collections associated
                                           comments received in response to this                   with this rulemaking: OMB Information                 ■   2. Add § 3430.313 to read as follows:
                                           notice NIFA decides to amend the AFRI                   Collection No. 0524–0042, NIFA
                                           final rule, NIFA will issue a subsequent                REEport; No. 0524–0041, NIFA                          § 3430.313 Inclusion of research topics
                                                                                                                                                         proposed by national and state commodity
                                           final rule that includes an explanation                 Application Review Process; and No.
                                                                                                                                                         boards in request for applications.
                                           of any changes made in response to the                  0524–0026, Organizational Information.
                                           comments.                                                                                                        NIFA will solicit funding ideas under
                                                                                                   Catalog of Federal Domestic Assistance                this subpart from statutorily defined
                                           Executive Order 12866 and Executive                                                                           national and state commodity boards for
                                           Order 13563                                               This final regulation applies to the                research topics that the commodity
                                                                                                   following Federal financial assistance                boards are willing to co-fund equally
                                              Executive Orders 12866 and 13563
                                                                                                   programs administered by NIFA                         with NIFA under the AFRI competitive
                                           direct agencies to assess all costs and
                                                                                                   including CFDA No. 10.310, Agriculture                grant program. If the ideas are evaluated
                                           benefits of available regulatory
                                                                                                   and Food Research Initiative (AFRI).                  and found to be consistent with the
                                           alternatives and, if regulation is
                                           necessary, to select regulatory                         Unfunded Mandates Reform Act of 1995                  AFRI statutory priorities and priorities
                                           approaches that maximize net benefits                   and Executive Order 13132                             noted in the President’s budget request
                                           (including potential economic,                                                                                related to NIFA, the topics will be
                                           environmental, public health and safety                    The Department has reviewed this                   incorporated in existing program areas
                                           effects, distributive impacts, and                      final rule in accordance with the                     in the relevant AFRI Request for
                                           equity). Executive Order 13563                          requirements of Executive Order No.                   Applications (RFA(s)). Researchers
                                           emphasizes the importance of                            13132 and the Unfunded Mandates                       wishing to submit a proposal on a topic
                                           quantifying both costs and benefits, of                 Reform Act of 1995, 2 U.S.C. 1501 et                  suggested by a commodity board will be
                                           reducing costs, of harmonizing rules,                   seq., and has found no potential or                   required to obtain a letter of support
                                           and of promoting flexibility. This rule                 substantial direct effects on the States,             from the co-funding commodity board.
                                           has been determined to be not                           on the relationship between the national              The applications submitted in response
                                           significant.                                            government and the States, or on the                  to a commodity board co-funded topic
                                                                                                   distribution of power and                             will compete against all proposals
                                           Regulatory Flexibility Act of 1980                      responsibilities among the various                    submitted in the same RFA program
                                             This final rule has been reviewed in                  levels of government. As there is no                  area. Supported applications will
ehiers on DSK5VPTVN1PROD with RULES




                                           accordance with the Regulatory                          Federal mandate contained herein that                 receive no preference regarding the
                                           Flexibility Act of 1980, as amended by                  could result in increased expenditures                evaluation of their scientific merit.
                                           the Small Business Regulatory                           by State, local, or tribal governments, or            Letters of commodity board support will
                                           Enforcement Fairness Act of 1996, (5                    by the private sector, the Department                 be used by NIFA solely to determine
                                           U.S.C. 601–612). The Director certifies                 has not prepared a budgetary impact                   that the application fits within the
                                           that this final regulation will not have                statement.                                            commodity board co-funded topic and


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                                                              Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations                                           58811

                                           the commodity board is willing to co-                   74; fax: +41 (0)41 619 67 73; email:                  as proposed except for minor editorial
                                           fund that application, if it is evaluated               techsupport@pilatus-aircraft.com;                     changes. We have determined that these
                                           by the review panel as being meritorious                Internet: http://www.pilatus-                         minor changes:
                                           and recommended for award.                              aircraft.com. You may view this                         • Are consistent with the intent that was
                                             Done at Washington, DC, this 29 day of                referenced service information at the                 proposed in the NPRM (81 FR 37166, June 9,
                                           July, 2016.                                             FAA, Small Airplane Directorate, 901                  2016) for correcting the unsafe condition; and
                                           Robert E. Holland,                                      Locust, Kansas City, Missouri 64106.                    • Do not add any additional burden upon
                                                                                                   For information on the availability of                the public than was already proposed in the
                                           Associate Director for Operations, National
                                                                                                   this material at the FAA, call (816) 329–             NPRM (81 FR 37166, June 9, 2016).
                                           Institute of Food and Agriculture.
                                           [FR Doc. 2016–18422 Filed 8–25–16; 8:45 am]
                                                                                                   4148. It is also available on the Internet            Related Service Information Under 1
                                                                                                   at http://www.regulations.gov by                      CFR Part 51
                                           BILLING CODE 3410–22–P
                                                                                                   searching for Docket No. FAA–2016–
                                                                                                   7026.                                                    We reviewed PILATUS Aircraft Ltd.
                                                                                                                                                         PC–7 Service Bulletin No: 53–013; and
                                           DEPARTMENT OF TRANSPORTATION                            FOR FURTHER INFORMATION CONTACT:                      PILATUS Aircraft Ltd. PC–7 Service
                                                                                                   Doug Rudolph, Aerospace Engineer,                     Bulletin No: 53–014, both dated
                                           Federal Aviation Administration                         FAA, Small Airplane Directorate, 901                  February 25, 2016. PILATUS Aircraft
                                                                                                   Locust, Room 301, Kansas City,                        Ltd. PC–7 Service Bulletin No: 53–013,
                                           14 CFR Part 39                                          Missouri 64106; telephone: (816) 329–                 dated February 25, 2016, describes
                                                                                                   4059; fax: (816) 329–4090; email:                     procedures for initial and repetitive
                                           [Docket No. FAA–2016–7026; Directorate                  doug.rudolph@faa.gov.
                                           Identifier 2016–CE–016–AD; Amendment                                                                          inspection of the main frame FR11 left
                                           39–18620; AD 2016–17–07]                                SUPPLEMENTARY INFORMATION:                            and right fittings for stress corrosion
                                                                                                   Discussion                                            cracking; and PILATUS Aircraft Ltd.
                                           RIN 2120–AA64                                                                                                 PC–7 Service Bulletin No: 53–014, dated
                                                                                                     We issued a notice of proposed                      February 25, 2016, describes procedures
                                           Airworthiness Directives; PILATUS                       rulemaking (NPRM) to amend 14 CFR
                                           Aircraft Ltd. Airplanes                                                                                       for replacement of the main frame FR11
                                                                                                   part 39 by adding an AD that would                    left and right fittings when necessary.
                                           AGENCY:  Federal Aviation                               apply to PILATUS Aircraft Ltd. Model                  This service information is reasonably
                                           Administration (FAA), Department of                     PC–7 airplanes. The NPRM was                          available because the interested parties
                                           Transportation (DOT).                                   published in the Federal Register on                  have access to it through their normal
                                                                                                   June 9, 2016 (81 FR 37166). The NPRM                  course of business or by the means
                                           ACTION: Final rule.
                                                                                                   proposed to correct an unsafe condition               identified in the ADDRESSES section of
                                           SUMMARY:   We are adopting a new                        for the specified products and was                    the AD.
                                           airworthiness directive (AD) for                        based on mandatory continuing
                                           PILATUS Aircraft Ltd. Model PC–7                        airworthiness information (MCAI)                      Costs of Compliance
                                           airplanes. This AD results from                         originated by an aviation authority of                   We estimate that this AD will affect
                                           mandatory continuing airworthiness                      another country. The MCAI states:                     19 products of U.S. registry. We also
                                           information (MCAI) issued by an                            This Airworthiness Directive (AD) is               estimate that it would take about 3
                                           aviation authority of another country to                prompted due to a report of Stress Corrosion          work-hours per product to check the
                                           identify and correct an unsafe condition                Cracking (SCC) on the Main Frame on Frame             material specification of the fittings and
                                           on an aviation product. The MCAI                        (FR) 11 left fitting Part Number (P/N)                11 work-hours per product to inspect
                                           describes the unsafe condition as stress                112.35.07.489 and right fitting P/N                   the 2014–T351 fittings as required in
                                                                                                   112.35.07.490.                                        order to comply with the basic
                                           corrosion cracking on the main frame on
                                                                                                      Such a condition, if left uncorrected, could
                                           frame 11 left and right fittings. We are                                                                      requirements of this AD. The average
                                                                                                   lead to potential loss of the horizontal
                                           issuing this AD to require actions to                   stabilizer.                                           labor rate is $85 per work-hour.
                                           address the unsafe condition on these                      In order to correct and control the                   Based on these figures, we estimate
                                           products.                                               situation, this AD requires a one-time check          the cost of this AD on U.S. operators to
                                                                                                   to identify the material specification and            be $17,765, or $935 per product.
                                           DATES:  This AD is effective September                                                                           In addition, we estimate that any
                                                                                                   inspect the affected areas of the airframe that
                                           30, 2016.                                               are made of aluminum alloy AA2024–T351.               necessary follow-on actions would take
                                             The Director of the Federal Register                  Any structural parts of the aircraft structure        about 19 work-hours and require parts
                                           approved the incorporation by reference                 found to be cracked must be reported to               costing $5,000 for a cost of $6,615 per
                                           of a certain publication listed in the AD               Pilatus prior to further flight.                      product. We have no way of
                                           as of September 30, 2016.                                                                                     determining the number of products
                                                                                                   The MCAI can be found in the AD
                                           ADDRESSES: You may examine the AD                       docket on the Internet at: https://                   that may need these actions.
                                           docket on the Internet at http://                       www.regulations.gov/                                     According to the manufacturer, some
                                           www.regulations.gov by searching for                    document?D=FAA-2016-7026-0002.                        of the costs of this AD may be covered
                                           and locating Docket No. FAA–2016–                                                                             under warranty, thereby reducing the
                                           7026; or in person at Document                          Comments                                              cost impact on affected individuals. We
                                           Management Facility, U.S. Department                      We gave the public the opportunity to               do not control warranty coverage for
                                           of Transportation, Docket Operations,                   participate in developing this AD. We                 affected individuals. As a result, we
                                           M–30, West Building Ground Floor,                       received no comments on the NPRM (81                  have included all costs in our cost
                                           Room W12–140, 1200 New Jersey                           FR 37166, June 9, 2016) or on the                     estimate.
ehiers on DSK5VPTVN1PROD with RULES




                                           Avenue SE., Washington, DC 20590.                       determination of the cost to the public.
                                             For service information identified in                                                                       Authority for This Rulemaking
                                           this AD, contact PILATUS Aircraft Ltd.,                 Conclusion                                              Title 49 of the United States Code
                                           Customer Technical Support (MCC),                         We reviewed the relevant data and                   specifies the FAA’s authority to issue
                                           P.O. Box 992, CH–6371 Stans,                            determined that air safety and the                    rules on aviation safety. Subtitle I,
                                           Switzerland; phone: +41 (0)41 619 67                    public interest require adopting the AD               section 106, describes the authority of


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Document Created: 2016-08-26 10:40:04
Document Modified: 2016-08-26 10:40:04
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 with request for comments.
DatesThis final rule becomes effective on August 26, 2016. NIFA is requesting comments for 30 days until September 26, 2016.
ContactMaria Koszalka, Division Director, Policy and Oversight Division, Phone: 202-401-4325, Email: [email protected]
FR Citation81 FR 58809 
RIN Number0524-AA67
CFR AssociatedAdministrative Practice and Procedure; Agricultural Research; Education; Extension and Federal Assistance

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