81_FR_6436 81 FR 6411 - Competitive and Noncompetitive Non-Formula Federal Assistance Programs-General Award Administrative Provisions and Specific Administrative Provisions

81 FR 6411 - Competitive and Noncompetitive Non-Formula Federal Assistance Programs-General Award Administrative Provisions and Specific Administrative Provisions

DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture

Federal Register Volume 81, Issue 25 (February 8, 2016)

Page Range6411-6418
FR Document2016-02213

The National Institute of Food and Agriculture (NIFA) is publishing as a final rule, a set of general and specific administrative requirements applicable to competitive and non- competitive non-formula programs. The purpose of this final rule is to implement sections of the Agriculture Act of 2014 making it necessary to modify the general administrative provisions as well as specific grant programs. The purpose of the final rule also is to adopt as final interim administrative provisions. Although this final rule becomes effective on the date of publication, NIFA is requesting comments for a 60-day period. See the ADDRESSES section for instructions for submitting comments.

Federal Register, Volume 81 Issue 25 (Monday, February 8, 2016)
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Rules and Regulations]
[Pages 6411-6418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02213]



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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules 
and Regulations

[[Page 6411]]



DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture

7 CFR Part 3430

RIN 0524-AA58


Competitive and Noncompetitive Non-Formula Federal Assistance 
Programs--General Award Administrative Provisions and Specific 
Administrative Provisions

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Final rule.

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

SUMMARY: The National Institute of Food and Agriculture (NIFA) is 
publishing as a final rule, a set of general and specific 
administrative requirements applicable to competitive and non-
competitive non-formula programs. The purpose of this final rule is to 
implement sections of the Agriculture Act of 2014 making it necessary 
to modify the general administrative provisions as well as specific 
grant programs. The purpose of the final rule also is to adopt as final 
interim administrative provisions. Although this final rule becomes 
effective on the date of publication, NIFA is requesting comments for a 
60-day period. See the ADDRESSES section for instructions for 
submitting comments.

DATES: This final rule becomes effective on February 8, 2016.

ADDRESSES: You may submit comments by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: [email protected]. Include docket number NIFA-2016-001 
in the subject line of the message.
    3. Fax: 202-401-7752.
    4. Mail: Paper, disk or CD-ROM submissions should be submitted to: 
Policy and Oversight Division, National Institute of Food and 
Agriculture, U.S. Department of Agriculture, STOP 2201, 1400 
Independence Avenue SW., Washington, DC 20250-2201.
    5. Hand Delivery/Courier: Policy and Oversight Division, National 
Institute of Food and Agriculture, U.S. Department of Agriculture, Room 
2304, Waterfront Centre, 800 9th Street SW., Washington, DC 20024.
    Instructions: All comments received must include the agency name 
and reference to docket number NIFA-2016-001. 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 1470 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 
(NARETPA), as amended, 7 U.S.C. 3316.

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 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 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 Subparts 
A--General Information, B--Pre-award: Solicitation and Application, and 
E--Post-Award and Closeout of the administrative provisions in order to 
meet the new matching requirements and the application process for Non-
Land-Grant College of Agriculture designation identified in the 
Agriculture Act of 2014 (Pub. L. 113-79 or the 2014 Farm Bill). In 
addition, sections of the 2014 Farm Bill make it necessary to modify 
administrative provisions for specific grant programs located in 
Subparts F, G, H, J and O. The rulemaking also will serve to finalize 
the administrative provisions located in Subpart I and to add a new 
Subpart L. Further details of these program-specific subparts are as 
follows.

Subpart F of 7 CFR Part 3430

    Subpart F contains the administrative provisions for the Specialty 
Crop Research Initiative (SCRI). The purpose of SCRI is to address the 
critical needs of the specialty crop industry by developing and 
disseminating science-based tools to address needs of specific crops 
and their regions. Specialty crops are defined as fruits and 
vegetables, tree nuts, dried fruits, and horticulture and nursery crops 
(including floriculture).

[[Page 6412]]

Subpart G of 7 CFR Part 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 (7 U.S.C. 3103).

Subpart H of 7 CFR Part 3430

    Subpart H contains the administrative provisions for the Organic 
Agriculture Research and Extension Initiative OREI) program. The OREI 
program is a competitive grant program that supports research and 
extension activities regarding organically grown and processed 
agricultural commodities in accordance with congressionally determined 
purposes. This program funds projects that will enhance the ability of 
producers and processors who have already adopted organic standards to 
grow and market high quality organic agricultural products. Priority 
concerns include biological, physical, and social sciences, including 
economics.

Subpart I of 7 CFR Part 3430

    Subpart I contains the administrative provisions for the Integrated 
Research, Education, and Extension Competitive Grants (406) Program. 
The 406 program provides funding for integrated, multifunctional 
agricultural research, extension, and education activities.

Subpart J of 7 CFR Part 3430

    Subpart J contains the administrative provisions for the Beginning 
Farmer and Rancher Development Program (BFRDP). BFRDP is a beginning 
farmer and rancher development program that provides local and regional 
training, education, outreach, mentoring and technical assistance 
initiatives for individuals who have not operated a farm or ranch, or 
have operated a farm or ranch for less than ten years. Grants are 
awarded on a competitive basis in accordance with legislatively 
determined focus areas.

Subpart L of 7 CFR Part 3430

    Administrative provisions for the Capacity Building Grants for Non-
Land Grant Colleges of Agriculture Program (NLGCA) are being added to 
Subpart L. NLGCA is a competitive program to assist the NLGCA 
Institutions in maintaining and expanding the capacity to conduct 
education, research, and outreach activities relating to agriculture, 
renewable resources, and other similar disciplines.

Subpart O of 7 CFR Part 3430

    The administrative provisions for the Sun Grant Program are in 
Subpart O. The purpose of the Sun Grant Program is to provide a 
consortium of universities with a grant to support a North-Central, 
Southeastern, South-Central, Western, and Northeastern Sun Grant Center 
and a Western Insular Pacific Subcenter for the purpose of enhancing 
national energy security through the development, distribution, and 
implementation of biobased energy technologies; promoting 
diversification in, and the environmental sustainability of, 
agricultural production in the United States through biobased energy 
and product technologies; promoting economic diversification in rural 
areas of the United States through biobased energy and product 
technologies; and enhancing the efficiency of bioenergy and biomass 
research and development programs through improved coordination and 
collaboration among the Department of Agriculture, other appropriate 
Federal agencies (as determined by the Secretary), and Land Grant 
Institutions.

Definitions of Merit Review and Scientific Peer Review

    Section 7301 of the 2014 Farm Bill amended section 103(a)(2) of the 
Agricultural Research, Extension, and
    Education Reform Act of 1998 (7 U.S.C. 7613(a)(2)) by adding 
relevance as part of merit review and extended the review to include 
agricultural research grants. Given the 7 CFR part 3430 definitions of 
merit review and scientific peer review already include relevance and 
encompass research, modifications to the administrative provisions for 
these 2014 Farm Bill items are not planned; however, input is welcomed.

II. Response to Comments and Revisions Included in the Final Rule

Subparts A, B, and E

    Matching--Currently, 7 CFR 3430.52, identifies that ``the required 
percentage of matching, type of matching (e.g., cash and/or in-kind 
contributions), sources of match (e.g., non-Federal), and whether NIFA 
has any authority to waive the match will be specified in the subpart 
applicable to the specific Federal assistance program, as well as in 
the RFA.'' This section will be modified to include the matching 
requirement of Section 7128 of the 2014 Farm Bill and the related 
exclusions and waivers, as appropriate.
    Non-Land-Grant Designation--Since the non-land-grant designation 
affects an institution's eligibility for some NIFA funding, the plan is 
to modify Sec.  3430.16, eligibility requirements, to identify the 
process to request NIFA's consideration (e.g., where, when, how) for 
non-land-grant designation, notification of NIFA's decision, timing, 
and termination of a non-land-grant declaration.
    Merit Review--The 2014 Farm Bill also addresses merit review. 
Specifically, it adds ``relevance'' of research projects as part of 
their merit review, includes ``research,'' and increases the 
involvement of the Advisory Board. Given the definitions of merit 
review and scientific peer review already include relevance and 
encompass research, modifications to 7 CFR part 3430 for these 2014 
Farm Bill items are not planned, but rather, will be addressed in the 
preamble instead of the final rule.

Subpart F

    Section 7306 of the 2014 Farm Bill introduced changes to the 
Specialty Crop Research Initiative that require administrative 
revisions to the regulation governing the program.

Subpart G

    Section 7404 of the 2014 Farm Bill amended the priority areas for 
the AFRI program making it necessary to modify the program's 
administrative provisions.

Subpart H

    As a result of the Food, Conservation, and Energy Act of 2008 (2008 
Farm Bill), NIFA published an interim final rule on September 9, 2010 
(75 FR 54759). In response to the interim final rule, OREI received one 
comment from a professional organization, the Organic Farming Research 
Foundation (OFRF), who objected to the purpose and definition of 
Subpart H--OREI (7 U.S.C. 5925b) and recommended that the purpose and 
definitions be expanded to include education components. We note, that 
in regards to OFRF's recommendation to modify the ``purpose'' and 
``definition'' to include education components, Section 7211 of the 
2014 Farm Bill has generated the necessary change to accommodate the 
OFRF comment recommendation and NIFA will be making changes consistent 
with the comment and the 2014 Farm Bill. Additionally, through this 
final rule, NIFA will finalize the Subpart H portion of the interim 
final rule published on September 9, 2010 and will make the changes 
necessitated by the 2014 Farm Bill.

Subpart I

    On September 9, 2010 (75 FR 54759) NIFA published an interim rule 
where NIFA proposed adding three subparts

[[Page 6413]]

including Subpart I with a 60-day comment period. Subpart I included 
the standard elements of a subpart including applicability, purpose, 
definitions, eligibility, project types and priorities, funding 
restrictions, and matching requirements for the 406 program. No 
comments were received for Subpart I. Through this final rule, NIFA 
adopts Subpart I portion of the interim final rule published on 
September 9, 2010, as final without change.

Subpart J

    Section 7409 of the 2014 Farm Bill introduced changes to the BFRDP 
to, for example, address new priorities and broaden the community of 
potential beneficiaries. These changes require administrative revisions 
to the regulation. These regulations apply to all recipients of Federal 
funds under the BFRDP. The proposed changes are intended to provide 
clear, transparent, and consistent guidance to stakeholders and 
potential applicants and recipients. For instance, the 2014 Farm Bill 
added emphasis for projects serving military veterans who wish to begin 
a career in agriculture, updated the focus areas that funded programs 
and services will address, and expanded the class of entities with 
experience in new agricultural producer training and outreach to which 
NIFA will give priority.

Subpart L

    Section 7138 of the 2008 Farm Bill established the NLGCA program. 
Administrative provisions have not yet been established for the 
program. NIFA will establish administrative provisions in Subpart L for 
the program following the subpart template which, at a minimum, is to 
include: (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 (including 
indirect costs), and (7) matching requirements.

Subpart O

    Section 7516 of the 2014 Farm Bill introduced changes to the Sun 
Grant Program that require administrative revisions to the regulation 
governing the program.

III. Administrative Requirements for the Rulemaking

    This rule concerns matters relating to `grants, benefits, or 
contracts,' 5 U.S.C. 553(a)(2), and is therefore exempt from the 
requirement of prior notice and comment.

Executive Order 12866

    This action has been determined to be not significant for purposes 
of Executive Order 12866.

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 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. 10.309, 
Specialty Crop Research Initiative; CFDA No. 10.307, Organic 
Agriculture Research and Extension Initiative; CFDA No. 10.303, 
Integrated Research, Education, and Extension Competitive Grants 
Program; CFDA No. 10.310, Agriculture and Food Research Initiative 
(AFRI); CFDA No. 10.311, Beginning Farmer and Rancher Development 
Program; CFDA No. 10.326, Capacity Building for Non-Land Grant Colleges 
of Agriculture; and CFDA No. 10.320, Sun Grant 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, 
Education, Extension, Federal assistance.
    Accordingly, the Department of Agriculture, National Institute of 
Food and Agriculture, adopts the interim rule amending 7 CFR part 3430 
which was published at 75 FR 54759 on September 9, 2010, as a final 
rule with the following changes:

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 A--General

0
2. In Sec.  3430.2, add a definition in alphabetical order for 
``Certification of Non-Land-Grant College of Agriculture status'' to 
read as follows:


Sec.  3430.2  Definitions.

* * * * *
    Certification of Non-Land-Grant College of Agriculture status means 
an institution that followed NIFA's Process for Non-Land Grant College 
of Agriculture (NLGCA) Designation and

[[Page 6414]]

received a certification of NLGCA designation from NIFA (see Sec.  
3430.16(c)).
* * * * *

Subpart B--Pre-Award: Solicitation and Application

0
3. In Sec.  3430.16, add paragraph (d) to read as follows:


Sec.  3430.16  Eligibility requirements.

* * * * *
    (d) Certification of NLGCA status. NIFA will make publically 
available (e.g., Federal Register) the process through which 
institutions may apply for designation as a NLGCA. The public notice 
will, at a minimum, include NLGCA criteria, instructions on how to 
request designation, information about how NIFA will respond to 
requests, and termination of NLGCA status.

Subpart E--Post-Award and Closeout

0
4. In Sec.  3430.52, add paragraphs (a)(1) and (2) to read as follows:


Sec.  3430.52  Cost sharing and matching.

    (a) * * *
    (1) A recipient of a NIFA competitive grant programs that are 
awarded under a covered law provided in section 3371 of under the 
National Agricultural Research, Extension, and Teaching Policy Act of 
1977 must provide funds, in-kind contributions, or a combination of 
both, from sources other than funds provided through such grant in an 
amount that is at least equal to the amount awarded by NIFA unless an 
exception applies. NIFA will determine program applicability of this 
match and include in the RFA for those programs: The match requirement, 
exceptions, waivers, and any other information necessary to determine 
applicability of the match requirement. In accordance with section 1492 
of the National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (7 U.S.C. 3371), as added by section 7128 of the 
Agricultural Act of 2014 (Pub. L. 113-79), for grants awarded after 
October 1, 2014, the recipient of an award must provide funds, in-kind 
contributions, or a combination of both, from sources other than funds 
provided through such grant in an amount that is at least equal to the 
amount awarded by NIFA unless one of the exemptions described herein is 
applicable.
    (2) The matching funds requirement does not apply to grants 
awarded:
    (i) To a research agency of the United States Department of 
Agriculture (USDA); or
    (ii) To an entity eligible to receive funds under a capacity and 
infrastructure program (as defined in section 251(f)(1)(C) of the 
Department of Agriculture Reorganization Act of 1994, 7 U.S.C. 
6971(f)(1)(C)), including a partner of such an entity. Entities 
eligible to receive funds under a capacity and infrastructure program 
and exempt from the matching funds requirement include:
    (A) 1862 Land-grant Institutions, including State Agricultural 
Experiment Stations receiving funding under the Hatch Act of 1887;
    (B) 1890 Land-grant Institutions;
    (C) 1994 Land-grant Institutions;
    (D) Entities eligible to receive funds under the of Continuing 
Animal Health and Disease, Food Security, and Stewardship Research, 
Education, and Extension Program Funds--Capacity and Infrastructure 
Program (CIP);
    (E) Hispanic-Serving Agricultural Colleges and Universities 
(HSACU);
    (F) Insular Area Schools Eligible to Receive Funds from the 
Distance Education/Resident Instruction Grant Programs;
    (G) Entities eligible to receive funds under the of McIntire-
Stennis Cooperative Forestry Program Funds;
    (H) Non-Land Grant Colleges of Agriculture (NLGCA)--(for exemption 
from the new matching requirement, these applications must include 
NLGCA certification, see instructions for requesting certifications at 
http://www.nifa.usda.gov/form/form.html, and for attaching the 
certification in Part IV, B. of this RFA);
    (I) Entities eligible to receive funds under a program established 
under section 1417(b) of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3152(b)), including:
    (1) 1890 Institution Teaching, Research, and Extension Capacity 
Building Grants Program;
    (2) Higher Education Challenge Grants Program;
    (3) Higher Education Multicultural Scholars Program; and
    (4) Food and Agricultural Sciences National Needs Graduate and 
Postgraduate Fellowship Grants Program.
    (J) Individual public or private, nonprofit Alaska Native-Serving 
and Native Hawaiian-Serving Institutions of higher education (see 20 
U.S.C. 1059d).
* * * * *

0
5. Revise Sec.  3430.54 to read as follows:


Sec.  3430.54  Indirect costs.

    Indirect cost rates for grants and cooperative agreements shall be 
determined in accordance with 2 CFR part 200, unless superseded by 
another authority. Any restriction on indirect costs is to be 
identified in the request for applications as appropriate. Use of 
indirect costs as in-kind matching contributions is subject to Sec.  
3430.52(b).

Subpart F--Specialty Crop Research Initiative

0
6. In Sec.  3430.201, revise paragraphs (a)(1) and (3) and add 
paragraph (c) to read as follows:


Sec.  3430.201  Purpose.

    (a)* * *
    (1) Research in plant breeding, genetics, genomics, and other 
methods to improve crop characteristics, such as--
* * * * *
    (3) Efforts to improve production efficiency, handling and 
processing, productivity, and profitability over the long term 
(including specialty crop policy and marketing).
* * * * *
    (c) In addition to SCRI grants, NIFA will make competitive research 
and extension grants under the Emergency Citrus Disease Research and 
Extension program (see Sec.  3430.209).

0
7. In Sec.  3430.202, designate the existing paragraph as paragraph (a) 
and add paragraph (b) to read as follows:


Sec.  3430.202  Definitions

* * * * *
    (b) The following definitions apply to Sec.  3430.209:
    Citrus means edible fruit of the family Rutaceae, including any 
hybrid of such fruits and products of such hybrids that are produced 
for commercial purposes in the United States.
    Citrus producer means any person that is engaged in the domestic 
production and commercial sale of citrus in the United States.

0
8. In Sec.  3430.204:
0
a. Designate the existing paragraph as paragraph (a);
0
b. Remove the second sentence of newly designated paragraph (a); and
0
c. Add paragraph (b).
    The addition reads as follows:


Sec.  3430.204  Project types and priorities.

* * * * *
    (b) In awarding grants under Sec.  3430.208, priority will be given 
to grants that address the research and extension priorities 
established pursuant to section 1408A of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a).

0
9. Revise the heading for Sec.  3430.207 to read as follows:

[[Page 6415]]

Sec.  3430.207  Duration of awards.

* * * * *

0
 10. Add Sec.  3430.208 to read as follows:


Sec.  3430.208  Review of applications.

    In addition to the scientific peer review (see Sec.  3430.33), NIFA 
will regularly conduct a panel of specialty crop industry 
representatives to review and rank applications for merit, relevance 
and impact.

0
11. Add Sec.  3430.209 to read as follows:


Sec.  3430.209  Emergency Citrus Disease Research and Extension 
Program.

    The purpose of this program is to award competitive grants to:
    (a) Conduct scientific research and extension activities, technical 
assistance, and development activities to combat citrus diseases and 
pests, both domestic and invasive, which pose imminent harm to the 
United States citrus production and threaten the future viability of 
the citrus industry, including huanglongbing and the Asian Citrus 
Psyllid; and
    (b) Provide support for the dissemination and commercialization of 
relevant information, techniques, and technologies discovered pursuant 
to research and extension activities funded through--
    (1) The emergency citrus disease research and extension program; or
    (2) Other research and extension projects intended to solve 
problems caused by citrus production diseases and invasive pests.

Subpart G--Agriculture and Food Research Initiative

0
12. In Sec.  3430.309:
0
a. In paragraph (b)(7), remove ``and'' from the end;
0
b. In paragraph (b)(8), remove the period from the end and add a 
semicolon in its place;
0
c. Add paragraphs (b)(9) and (10);
0
d. In paragraph (d) introductory text, remove ``Renewable energy'' and 
add in its place ``Bioenergy'';
0
e. Redesignate paragraphs (d)(4), (5), and (6) as paragraphs (d)(5), 
(6), and (7), respectively, and add new paragraph (d)(4);
0
f. In paragraph (f) introductory text, add ``economics,'' after 
``trade'';
0
g. Redesignate paragraphs (f)(5) and (6) as paragraphs (f)(6) and (7), 
respectively, and add new paragraph (f)(5).
    The additions read as follows:


Sec.  3430.309  Priority areas.

* * * * *
    (b) * * *
    (9) The research and development of surveillance methods, vaccines, 
vaccination delivery systems, or diagnostic tests for pests and 
diseases, including--
    (i) Epizootic diseases in domestic livestock (including deer, elk, 
bison, and other animals of the family Cervidae); and
    (ii) Zoonotic diseases (including bovine brucellosis and bovine 
tuberculosis) in domestic livestock or wildlife reservoirs that present 
a potential concern to public health; and
    (10) The identification of animal drug needs and the generation and 
dissemination of data for safe and effective therapeutic applications 
of animal drugs for minor species and minor uses of such drugs in major 
species.
* * * * *
    (d) * * *
    (4) The effectiveness of conservation practices and technologies 
designed to address nutrient losses and improve water quality;
* * * * *
    (f) * * *
    (5) The economic costs, benefits, and viability of producers 
adopting conservation practices and technologies designed to improve 
water quality;
* * * * *

Subpart H--Organic Agriculture Research and Extension Initiative

0
13. In Sec.  3430.401, revise paragraphs (a), (b)(1), (b)(2), and 
(b)(6) to read as follows:


Sec.  3430.401  Purpose.

    (a) The purpose of this program is to make competitive grants, in 
consultation with the Advisory Board, to support research, education 
and extension activities regarding organically grown and processed 
agricultural commodities.
    (b) * * *
    (1) Facilitating the development and improvement of organic 
agriculture production, breeding, and processing methods;
    (2) Evaluating the potential economic benefits of organic 
agricultural production and methods to producers, processors, and rural 
communities;
* * * * *
    (6) Conducting advanced on-farm research and development that 
emphasizes observation of, experimentation with, and innovation for 
working organic farms, including research relating to production, 
marketing, food safety, socioeconomic conditions, and farm business 
management;
* * * * *


Sec.  3430.402  [Removed and Reserved]

0
14. Remove and reserve Sec.  3430.402.

Subpart J--Beginning Farmer and Rancher Development Program

0
15. In Sec.  3430.603, revise paragraph (c) to read as follows:


Sec.  3430.603  Eligibility.

* * * * *
    (c) A community-based or nongovernmental organization;
* * * * *
0
16. In Sec.  3430.604, revise paragraphs (a)(1) through (14) to read as 
follows:


Sec.  3430.604  Project types and priorities.

    (a) * * *
    (1) Basic livestock, forest management, and crop farming practices;
    (2) Innovative farm, ranch, and private, nonindustrial forest land 
transfer strategies;
    (3) Entrepreneurship and business training;
    (4) Financial and risk management training (including the 
acquisition and management of agricultural credit);
    (5) Natural resource management and planning;
    (6) Diversification and marketing strategies;
    (7) Curriculum development;
    (8) Mentoring, apprenticeships, and internships;
    (9) Resources and referral;
    (10) Farm financial benchmarking;
    (11) Assisting beginning farmers or ranchers in acquiring land from 
retiring farmers and ranchers;
    (12) Agricultural rehabilitation and vocational training for 
veterans;
    (13) Farm safety and awareness; and
    (14) Other similar subject areas of use to beginning farmers or 
ranchers.
* * * * *


Sec.  3430.605  [Amended]

0
17. In Sec.  3430.605, in paragraph (b), revise the reference ``Sec.  
3430.5460'' to read ``Sec.  3430.54.''

0
18. In Sec.  3430.608, revise paragraph (b) to read as follows:


Sec.  3430.608  Review criteria.

* * * * *
    (b) Partnership and collaboration. In making awards under this 
subpart, NIFA shall give priority to partnerships and collaborations 
that are led by or include nongovernmental, and community-based 
organizations, and school-based agricultural educational organizations 
with expertise in new agricultural producer training and outreach.
* * * * *

[[Page 6416]]


0
19. In Sec.  3430.609, revise paragraph (a) and in paragraphs (c) and 
(d), remove the phrase ``and an award for an educational enhancement 
team project''.
    The revision reads as follows:


Sec.  3430.609  Other considerations.

    (a) Set aside. (1) Not less than 5 percent of the funds used to 
carry out this subsection for a fiscal year shall be used to support 
programs and services that address the needs of--
    (i) Limited resource beginning farmers or ranchers (see 3430.602);
    (ii) Socially disadvantaged farmers or ranchers (as defined in 
section 355(e) of the Consolidated Farm and Rural Development Act (7 
U.S.C. 2003(e)) who are beginning farmers or ranchers; and
    (iii) Farmworkers desiring to become farmers or ranchers.
    (2) Each fiscal year, NIFA shall set aside not less than 5 percent 
of the funds to support the standard BFRDP projects under this subpart 
to support programs and services that address the needs of veteran 
farmers and ranchers (as defined in section 2501(e) of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)). 
Recipients of these funds may coordinate with a recipient of an award 
under section 1680 of the Food, Agriculture, Conservation, and Trade 
Act of 1990 (7 U.S.C. 5933) in addressing the needs of veteran farmers 
and ranchers with disabilities.
* * * * *

0
20. Add subpart L to read as follows:

Subpart L--Capacity Building Grants for Non-Land Grant Colleges of 
Agriculture Program

Sec.
3430.800 Applicability.
3430.801 Purpose.
3430.802 Definitions.
3430.803 Eligibility.
3430.804 Project types and priorities.
3430.805 Funding restrictions.
3430.806 Matching requirements.
3430.807 Duration of grant.

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


Sec.  3430.800  Applicability.

    The regulations in this subpart apply to the program authorized 
under section 1473F of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (NARETPA), as added by section 7138 of 
the Food, Conservation, and Energy Act of 2008, (7 U.S.C. 3319i).


Sec.  3430.801  Purpose.

    The purpose of this program is to make competitive grants to Non 
Land Grant Colleges of Agriculture (NLGCA) Institutions to assist the 
NLGCA Institutions in maintaining and expanding the capacity to conduct 
education, research, and outreach activities relating to agriculture, 
renewable resources, and other similar disciplines.


Sec.  3430.802  Definitions.

    The definitions applicable to the program under this subpart 
include:
    Capacity building means enhancing and strengthening the quality and 
depth of an institution's research and academic programs as evidenced 
by its: faculty expertise, scientific and technical resources, research 
environment, curriculum, student experiential learning opportunities, 
scientific instrumentation, library resources, academic standing and 
racial, ethnic, or gender diversity of its faculty and student body, 
faculty and student recruitment and retention programs, and 
organizational structures and reward systems for attracting and 
retaining first-rate research and teaching faculty or students.
    Citizen or national of the United States means:
    (1) A citizen or native resident of a State; or,
    (2) A person defined in the Immigration and Nationality Act, 8 
U.S.C. 1101(a) (22), who, though not a citizen of the United States, 
owes permanent allegiance to the United States.
    Eligible participant means an individual who is a citizen or 
national of the United States as defined in this section.
    Food and agricultural sciences means basic, applied, and 
developmental research, extension, and teaching activities in food and 
fiber, agricultural, renewable energy and natural resources, forestry, 
and physical and social sciences, including activities relating to the 
following:
    (1) Animal health, production, and well-being.
    (2) Plant health and production.
    (c) Animal and plant germ plasm collection and preservation.
    (3) Aquaculture.
    (4) Food safety.
    (5) Soil, water, and related resource conservation and improvement.
    (6) Forestry, horticulture, and range management.
    (7) Nutritional sciences and promotion.
    (8) Farm enhancement, including financial management, input 
efficiency, and profitability.
    (9) Home economics (Family and Consumer Sciences).
    (10) Rural human ecology.
    (11) Youth development and agricultural education, including 4-H 
clubs.
    (12) Expansion of domestic and international markets for 
agricultural commodities and products, including agricultural trade 
barrier identification and analysis.
    (13) Information management and technology transfer related to 
agriculture.
    (14) Biotechnology related to agriculture.
    (15) The processing, distributing, marketing, and utilization of 
food and agricultural products. (7 U.S.C. Section 3103).
    Joint project proposal means:
    (1) An application for a project:
    (i) Which will involve the applicant institution working in 
cooperation with one or more other entities not legally affiliated with 
the applicant institution, including other schools, colleges, 
universities, community colleges, junior colleges, units of State 
government, private sector organizations, or a consortium of 
institutions; and
    (ii) Where the applicant institution and each cooperating entity 
will assume a significant role in the conduct of the proposed project.
    (2) To demonstrate a substantial involvement with the project, the 
applicant institution/organization submitting a joint project proposal 
must retain at least 30 percent but not more than 70 percent of the 
awarded funds and no cooperating entity may receive less than 10 
percent of awarded funds. Only the applicant institution must meet the 
definition of an eligible institution/organization as specified in this 
RFA; other entities participating in a joint project proposal are not 
required to meet the definition of an eligible institution/
organization.
    Large-scale, Comprehensive Initiative (LCI) project proposal means:
    (1) An application for a project:
    (i) Which will involve the applicant institution/organization 
working in cooperation with two or more other entities not legally 
affiliated with the applicant institution, including other schools, 
colleges, universities, community colleges, junior colleges, units of 
State government, private sector organizations, or a consortium of 
institutions; and
    (ii) Where the applicant institution and each cooperating entity 
will assume a significant role in the conduct of the proposed project.
    (2) To demonstrate a substantial involvement with the project, the 
applicant institution/organization submitting a LCI proposal must 
retain at least 30 percent but not more than 70

[[Page 6417]]

percent of the awarded funds and no cooperating entity may receive less 
than 10 percent of awarded funds. Only the applicant institution must 
meet the definition of an eligible institution as specified in this 
RFA; other entities participating in a joint project proposal are not 
required to meet the definition of an eligible institution. LCI Project 
Proposals must support a multi-partner approach to solving a major 
state or regional challenge in agricultural sciences education at the 
postsecondary level. LCI Project Proposals are characterized by 
multiple partners (each providing a specific expertise) organized and 
led by a strong applicant with documented project management ability to 
organize and carry out the initiative.
    Non-land-grant college of agriculture (NLGCA) means a public 
college or university offering a baccalaureate or higher degree in the 
study of agriculture or forestry. The terms ``NLGCA Institution'' and 
``non-land-grant college of agriculture'' do not include:
    (1) Hispanic-serving agricultural colleges and universities; or
    (2) Any institution designated under: a. the Act of July 2, 1862 
(commonly known as the ``First Morrill Act''; 7 U.S.C. 301 et seq., or 
the `1862 Land Grants');
    (3) The Act of August 30, 1890 (commonly known as the ``Second 
Morrill Act'') (7 U.S.C. 321 et seq., or the `1890 Land Grants');
    (4) The Equity in Educational Land-Grant Status Act of 1994 (Public 
Law 103-382; 7 U.S.C. 301 note, or the `1994 or Tribal Colleges Land 
Grants'); or
    (5) Public Law 87-788 (commonly known as the ``McIntire-Stennis 
Cooperative Forestry Act'') (16 U.S.C. 582a et seq.).
    Outcomes means specific, measurable project results and benefits 
that, when assessed and reported; indicate the project's plan of 
operation has been achieved. Measurable outcomes include:
    (1) Results are intended or unintended consequences of the project, 
(e.g., ``. . . additional course materials now available online to 
reinforce student learning during non-classroom hours'');
    (2) Products may be actual items or services acquired with funds, 
(e.g., ``. . . mechanisms and content to transition existing course(s) 
or elements of course(s) for Web-based access'' or ``created new and 
innovative prevention and intervention initiatives''); and
    (3) Impacts are a measure of the results by comparing what might 
have happened in the absence of the funded project, (e.g., ``. . . an 
observed, overall increase in student learning based upon 8% higher 
average test scores of those students who both attended class and used 
the supplemental, Web-based course materials''.)
    Regular project proposal means a proposal for a project:
    (1) Where the applicant institution will be the sole entity 
involved in the execution of the project; or
    (2) Which will involve the applicant institution and one or more 
other entities, but where the involvement of the other entity(ies) does 
not meet the requirements for a joint project proposal as defined in 
this section.
    Sustainable Agriculture means an integrated system of plant and 
animal production practices having a site-specific application that 
will, over the long-term--
    (1) Satisfy human food and fiber needs;
    (2) Enhance environmental quality and the natural resource base 
upon which the agriculture economy depends;
    (3) Make the most efficient use of nonrenewable resources and on-
farm resources and integrate, where appropriate, natural biological 
cycles and controls;
    (4) Sustain the economic viability of farm operations; and
    (5) Enhance the quality of life for farmers and society as a whole.
    Teaching and education mean formal classroom instruction, 
laboratory instruction, and practicum experience in the food and 
agricultural sciences and matters relating thereto (such as faculty 
development, student recruitment and services, curriculum development, 
instructional materials and equipment, and innovative teaching 
methodologies) conducted by colleges and universities offering 
baccalaureate or higher degrees.


Sec.  3430.803  Eligibility.

    (a) Institution eligibility. Applications may only be submitted by 
a NLGCA institution. For the purposes of this program, the individual 
branches of a State college or university that are separately 
accredited as degree-granting institutions are treated as separate 
institutions, and are therefore eligible to apply for NLGCA Program 
awards. Separate branches or campuses of a college or university that 
are not individually accredited as degree-granting institutions are not 
treated as separate institutions, and are therefore not eligible to 
submit an application. Accreditation must be conferred by an agency or 
association recognized by the Secretary of the U.S. Department of 
Education.
    (b) Teacher or student eligibility. A teacher or student recipient 
receiving Federal funds from this grants program must be an eligible 
participant. Where eligibility is claimed under 8 U.S.C. 1101(a)(22), 
documentary evidence from the Immigration and Naturalization Service as 
to such eligibility must be made available to NIFA upon request.


Sec.  3430.804  Project types and priorities.

    (a) For each RFA, NIFA may develop and include the appropriate 
project types and focus areas based on the critical needs identified 
through stakeholder input and deemed appropriate by NIFA.
    (b) The RFA will specify which of the following project types 
applicants may submit applications:
    (1) Regular project proposal (the applicant executes the project 
without the requirement of sharing grant funds with other project 
partners);
    (2) Conference/planning grant to facilitate strategic planning 
session(s);
    (3) Joint project proposal (the applicant executes the project with 
assistance from at least one additional partner and must share grant 
funds with the additional partner(s)); and
    (4) Large-scale (state or region) comprehensive initiatives (LCI) 
(Applicant + Two or more Partners).


Sec.  3430.805  Funding restrictions.

    (a) Prohibition against construction. Grant funds awarded under 
this authority may not be used for the renovation or refurbishment of 
research, education, or extension space; the purchase or installation 
of fixed equipment in such space; or the planning, repair, 
rehabilitation, acquisition, or construction of buildings or 
facilities.
    (b) Prohibition on tuition remission. Tuition remission, on-campus 
room and board, academic fees or other financial assistance 
(scholarships or fellowships) are not allowed.
    (c) Promotional items (e.g., T-shirts and other giveaways) and food 
functions (e.g., cookouts or other social or meal gatherings) are 
considered `entertainment' expenses, and are, therefore, also not 
allowed under this grants program.


Sec.  3430.806  Matching requirements.

    There are no matching requirements for grants under this subpart.


Sec.  3430.807  Duration of grant.

    The term of a Federal assistance award made for a NLGCA project 
shall not exceed 5 years. No-cost extensions of time beyond the maximum 
award terms will not be considered or granted.

[[Page 6418]]

Subpart O--Sun Grant Program


Sec.  3430.1001  [Amended]

0
21. In Sec.  3430.1001, in paragraph (d), remove the words ``the 
Department of Energy'' and add in their place ``other appropriate 
Federal agencies (as determined by the Secretary)''.


Sec.  3430.1002  [Amended]

0
22. In Sec.  3430.1002, remove the definition for the term 
``gasification.''


Sec.  3430.1003  [Amended]

0
23. In Sec.  3430.1003:
0
a. In paragraph (a)(1), remove the words ``at South Dakota State 
University'';
0
b. In paragraph (a)(2), remove the words ``at University of Tennessee 
at Knoxville'';
0
c. In paragraph (a)(3), remove the words ``at Oklahoma State 
University'';
0
d. In paragraph (a)(4), remove the words ``at Cornell University'';
0
e. In paragraph (a)(5), remove the words ``at Oregon State 
University''; and
0
f. In paragraph (a)(6), remove the words ``at the University of 
Hawaii''.


Sec.  3430.1004  [Amended]

0
24. In Sec.  3430.1004, in paragraph (a)(1), remove the words 
``multistate research, extension, and education programs on technology 
development and multi-institutional and multistate integrated research, 
extension, and education programs on technology implementation'' and 
add in their place the words ``integrated, multistate research, 
extension, and education programs on technology development and 
technology implementation''.


Sec.  3430.1005  [Amended]

0
25. In Sec.  3430.1005, in paragraph (b), remove the words ``each of 
the five Centers'' and add in their place the words ``the Centers''.


Sec.  3430.1007  [Amended]

0
26. In Sec.  3430.1007:
0
a. In the first sentence of paragraph (a), remove the words 
``gasification'' and ``the Department of Energy'' and add in their 
place the words ``bioproducts'' and ``other appropriate Federal 
agencies'' respectively; and
0
b. Remove the second and third sentences of paragraph (a).
0
c. Remove and reserve paragraph (b).

    Done at Washington, DC, this 21 day of January, 2016.
Sonny Ramaswamy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2016-02213 Filed 2-5-16; 8:45 am]
 BILLING CODE 3410-22-P



                                                                                                                                                                                                      6411

                                                  Rules and Regulations                                                                                         Federal Register
                                                                                                                                                                Vol. 81, No. 25

                                                                                                                                                                Monday, February 8, 2016



                                                  This section of the FEDERAL REGISTER                    Policy and Oversight Division, National               Innovation Research programs with
                                                  contains regulatory documents having general            Institute of Food and Agriculture, U.S.               implementing regulations at 7 CFR part
                                                  applicability and legal effect, most of which           Department of Agriculture, STOP 2201,                 3403, and the Veterinary Medicine Loan
                                                  are keyed to and codified in the Code of                1400 Independence Avenue SW.,                         Repayment Program (VMLRP), with
                                                  Federal Regulations, which is published under           Washington, DC 20250–2201.                            implementing regulations at 7 CFR part
                                                  50 titles pursuant to 44 U.S.C. 1510.
                                                                                                            5. Hand Delivery/Courier: Policy and                3431.
                                                  The Code of Federal Regulations is sold by              Oversight Division, National Institute of                NIFA organized the regulation as
                                                  the Superintendent of Documents. Prices of              Food and Agriculture, U.S. Department                 follows: Subparts A through E provide
                                                  new books are listed in the first FEDERAL               of Agriculture, Room 2304, Waterfront                 administrative provisions for all
                                                  REGISTER issue of each week.                            Centre, 800 9th Street SW., Washington,               competitive and noncompetitive non-
                                                                                                          DC 20024.                                             formula Federal assistance programs.
                                                                                                            Instructions: All comments received                 Subparts F and thereafter apply to
                                                  DEPARTMENT OF AGRICULTURE                               must include the agency name and                      specific NIFA programs.
                                                                                                          reference to docket number NIFA–2016–                    NIFA is, to the extent practical, using
                                                  National Institute of Food and                          001. All comments received will be                    the following subpart template for each
                                                  Agriculture                                             posted to http://www.regulations.gov,                 program authority: (1) Applicability of
                                                                                                          including any personal information                    regulations, (2) purpose, (3) definitions
                                                  7 CFR Part 3430                                         provided.                                             (those in addition to or different from
                                                  RIN 0524–AA58                                                                                                 § 3430.2), (4) eligibility, (5) project types
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      and priorities, (6) funding restrictions,
                                                                                                          Maria Koszalka, Division Director,                    (7) matching requirements, and (8)
                                                  Competitive and Noncompetitive Non-
                                                                                                          Policy and Oversight Division, Phone:                 duration of grant. Subparts F and
                                                  Formula Federal Assistance
                                                                                                          202–401–4325, Email: maria.koszalka@                  thereafter contain the above seven
                                                  Programs—General Award
                                                                                                          nifa.usda.gov.                                        components in this order. Additional
                                                  Administrative Provisions and Specific
                                                  Administrative Provisions                               SUPPLEMENTARY INFORMATION:                            sections may be added for a specific
                                                                                                                                                                program if there are additional
                                                  AGENCY:  National Institute of Food and                 I. Background and Summary                             requirements or a need for additional
                                                  Agriculture, USDA.                                      Authority                                             rules for the program (e.g., additional
                                                  ACTION: Final rule.                                                                                           reporting requirements).
                                                                                                            This rulemaking is authorized by                       Through this rulemaking, NIFA is
                                                  SUMMARY:    The National Institute of Food              section 1470 of the National                          making minor additions to Subparts A—
                                                  and Agriculture (NIFA) is publishing as                 Agricultural Research, Extension, and                 General Information, B—Pre-award:
                                                  a final rule, a set of general and specific             Teaching Policy Act of 1977                           Solicitation and Application, and E—
                                                  administrative requirements applicable                  (NARETPA), as amended, 7 U.S.C. 3316.                 Post-Award and Closeout of the
                                                  to competitive and non-competitive                      Organization of 7 CFR Part 3430                       administrative provisions in order to
                                                  non-formula programs. The purpose of                                                                          meet the new matching requirements
                                                  this final rule is to implement sections                   A primary function of NIFA is the                  and the application process for Non-
                                                  of the Agriculture Act of 2014 making                   fair, effective, and efficient                        Land-Grant College of Agriculture
                                                  it necessary to modify the general                      administration of Federal assistance                  designation identified in the Agriculture
                                                  administrative provisions as well as                    programs implementing agricultural                    Act of 2014 (Pub. L. 113–79 or the 2014
                                                  specific grant programs. The purpose of                 research, education, and extension                    Farm Bill). In addition, sections of the
                                                  the final rule also is to adopt as final                programs. The awards made under the                   2014 Farm Bill make it necessary to
                                                  interim administrative provisions.                      above authority are subject to the NIFA               modify administrative provisions for
                                                  Although this final rule becomes                        assistance regulations at 7 CFR part                  specific grant programs located in
                                                  effective on the date of publication,                   3430, Competitive and Noncompetitive                  Subparts F, G, H, J and O. The
                                                  NIFA is requesting comments for a 60-                   Non-formula Federal Assistance                        rulemaking also will serve to finalize
                                                  day period. See the ADDRESSES section                   Programs—General Award                                the administrative provisions located in
                                                  for instructions for submitting                         Administrative Provisions. NIFA’s                     Subpart I and to add a new Subpart L.
                                                  comments.                                               development and publication of this                   Further details of these program-specific
                                                                                                          regulation for its non-formula Federal                subparts are as follows.
                                                  DATES:  This final rule becomes effective               assistance programs serve to enhance its
                                                  on February 8, 2016.                                    accountability and to standardize                     Subpart F of 7 CFR Part 3430
                                                  ADDRESSES: You may submit comments                      procedures across the Federal assistance                Subpart F contains the administrative
                                                  by any of the following methods:                        programs it administers while providing               provisions for the Specialty Crop
                                                    1. Federal eRulemaking Portal:                        transparency to the public. NIFA                      Research Initiative (SCRI). The purpose
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  http://www.regulations.gov. Follow the                  published 7 CFR part 3430 with                        of SCRI is to address the critical needs
                                                  instructions for submitting comments.                   subparts A through F as a final rule on               of the specialty crop industry by
                                                    2. Email: policy@nifa.usda.gov.                       September 4, 2009 (74 FR 45736–                       developing and disseminating science-
                                                  Include docket number NIFA–2016–001                     45752). These regulations apply to all                based tools to address needs of specific
                                                  in the subject line of the message.                     Federal assistance programs                           crops and their regions. Specialty crops
                                                    3. Fax: 202–401–7752.                                 administered by NIFA except for the                   are defined as fruits and vegetables, tree
                                                    4. Mail: Paper, disk or CD–ROM                        formula grant programs identified in 7                nuts, dried fruits, and horticulture and
                                                  submissions should be submitted to:                     CFR 3430.1(f), the Small Business                     nursery crops (including floriculture).


                                             VerDate Sep<11>2014   16:19 Feb 05, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\08FER1.SGM   08FER1


                                                  6412              Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations

                                                  Subpart G of 7 CFR Part 3430                            Subpart O of 7 CFR Part 3430                          funding, the plan is to modify § 3430.16,
                                                    Subpart G contains the administrative                    The administrative provisions for the              eligibility requirements, to identify the
                                                  provisions for the Agriculture and Food                 Sun Grant Program are in Subpart O.                   process to request NIFA’s consideration
                                                  Research Initiative (AFRI). The purpose                 The purpose of the Sun Grant Program                  (e.g., where, when, how) for non-land-
                                                  of AFRI is to make competitive grants                   is to provide a consortium of                         grant designation, notification of NIFA’s
                                                  for fundamental and applied research,                   universities with a grant to support a                decision, timing, and termination of a
                                                  extension, and education to address                     North-Central, Southeastern, South-                   non-land-grant declaration.
                                                  food and agricultural sciences, as                      Central, Western, and Northeastern Sun                   Merit Review—The 2014 Farm Bill
                                                  defined under section 1404 of the                       Grant Center and a Western Insular                    also addresses merit review.
                                                  National Agriculture Research,                          Pacific Subcenter for the purpose of                  Specifically, it adds ‘‘relevance’’ of
                                                  Extension, and Teaching Policy Act of                   enhancing national energy security                    research projects as part of their merit
                                                  1977 (7 U.S.C. 3103).                                   through the development, distribution,                review, includes ‘‘research,’’ and
                                                                                                          and implementation of biobased energy                 increases the involvement of the
                                                  Subpart H of 7 CFR Part 3430                                                                                  Advisory Board. Given the definitions of
                                                                                                          technologies; promoting diversification
                                                    Subpart H contains the administrative                 in, and the environmental sustainability              merit review and scientific peer review
                                                  provisions for the Organic Agriculture                  of, agricultural production in the United             already include relevance and
                                                  Research and Extension Initiative OREI)                 States through biobased energy and                    encompass research, modifications to 7
                                                  program. The OREI program is a                          product technologies; promoting                       CFR part 3430 for these 2014 Farm Bill
                                                  competitive grant program that supports                 economic diversification in rural areas               items are not planned, but rather, will
                                                  research and extension activities                       of the United States through biobased                 be addressed in the preamble instead of
                                                  regarding organically grown and                         energy and product technologies; and                  the final rule.
                                                  processed agricultural commodities in                   enhancing the efficiency of bioenergy                 Subpart F
                                                  accordance with congressionally                         and biomass research and development
                                                  determined purposes. This program                                                                               Section 7306 of the 2014 Farm Bill
                                                                                                          programs through improved
                                                  funds projects that will enhance the                                                                          introduced changes to the Specialty
                                                                                                          coordination and collaboration among
                                                  ability of producers and processors who                                                                       Crop Research Initiative that require
                                                                                                          the Department of Agriculture, other
                                                  have already adopted organic standards                                                                        administrative revisions to the
                                                                                                          appropriate Federal agencies (as
                                                  to grow and market high quality organic                                                                       regulation governing the program.
                                                                                                          determined by the Secretary), and Land
                                                  agricultural products. Priority concerns                Grant Institutions.                                   Subpart G
                                                  include biological, physical, and social
                                                  sciences, including economics.                          Definitions of Merit Review and                         Section 7404 of the 2014 Farm Bill
                                                                                                          Scientific Peer Review                                amended the priority areas for the AFRI
                                                  Subpart I of 7 CFR Part 3430                                                                                  program making it necessary to modify
                                                                                                             Section 7301 of the 2014 Farm Bill
                                                    Subpart I contains the administrative                                                                       the program’s administrative provisions.
                                                                                                          amended section 103(a)(2) of the
                                                  provisions for the Integrated Research,                 Agricultural Research, Extension, and                 Subpart H
                                                  Education, and Extension Competitive                       Education Reform Act of 1998 (7
                                                  Grants (406) Program. The 406 program                                                                            As a result of the Food, Conservation,
                                                                                                          U.S.C. 7613(a)(2)) by adding relevance                and Energy Act of 2008 (2008 Farm
                                                  provides funding for integrated,                        as part of merit review and extended the
                                                  multifunctional agricultural research,                                                                        Bill), NIFA published an interim final
                                                                                                          review to include agricultural research               rule on September 9, 2010 (75 FR
                                                  extension, and education activities.                    grants. Given the 7 CFR part 3430                     54759). In response to the interim final
                                                  Subpart J of 7 CFR Part 3430                            definitions of merit review and                       rule, OREI received one comment from
                                                    Subpart J contains the administrative                 scientific peer review already include                a professional organization, the Organic
                                                  provisions for the Beginning Farmer and                 relevance and encompass research,                     Farming Research Foundation (OFRF),
                                                  Rancher Development Program                             modifications to the administrative                   who objected to the purpose and
                                                  (BFRDP). BFRDP is a beginning farmer                    provisions for these 2014 Farm Bill                   definition of Subpart H—OREI (7 U.S.C.
                                                  and rancher development program that                    items are not planned; however, input is              5925b) and recommended that the
                                                  provides local and regional training,                   welcomed.                                             purpose and definitions be expanded to
                                                  education, outreach, mentoring and                      II. Response to Comments and                          include education components. We
                                                  technical assistance initiatives for                    Revisions Included in the Final Rule                  note, that in regards to OFRF’s
                                                  individuals who have not operated a                                                                           recommendation to modify the
                                                  farm or ranch, or have operated a farm                  Subparts A, B, and E                                  ‘‘purpose’’ and ‘‘definition’’ to include
                                                  or ranch for less than ten years. Grants                  Matching—Currently, 7 CFR 3430.52,                  education components, Section 7211 of
                                                  are awarded on a competitive basis in                   identifies that ‘‘the required percentage             the 2014 Farm Bill has generated the
                                                  accordance with legislatively                           of matching, type of matching (e.g., cash             necessary change to accommodate the
                                                  determined focus areas.                                 and/or in-kind contributions), sources of             OFRF comment recommendation and
                                                                                                          match (e.g., non-Federal), and whether                NIFA will be making changes consistent
                                                  Subpart L of 7 CFR Part 3430                            NIFA has any authority to waive the                   with the comment and the 2014 Farm
                                                    Administrative provisions for the                     match will be specified in the subpart                Bill. Additionally, through this final
                                                  Capacity Building Grants for Non-Land                   applicable to the specific Federal                    rule, NIFA will finalize the Subpart H
                                                  Grant Colleges of Agriculture Program                   assistance program, as well as in the                 portion of the interim final rule
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                                                  (NLGCA) are being added to Subpart L.                   RFA.’’ This section will be modified to               published on September 9, 2010 and
                                                  NLGCA is a competitive program to                       include the matching requirement of                   will make the changes necessitated by
                                                  assist the NLGCA Institutions in                        Section 7128 of the 2014 Farm Bill and                the 2014 Farm Bill.
                                                  maintaining and expanding the capacity                  the related exclusions and waivers, as
                                                  to conduct education, research, and                     appropriate.                                          Subpart I
                                                  outreach activities relating to                           Non-Land-Grant Designation—Since                      On September 9, 2010 (75 FR 54759)
                                                  agriculture, renewable resources, and                   the non-land-grant designation affects                NIFA published an interim rule where
                                                  other similar disciplines.                              an institution’s eligibility for some NIFA            NIFA proposed adding three subparts


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                                                                    Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations                                             6413

                                                  including Subpart I with a 60-day                       Executive Order 12866                                 and CFDA No. 10.320, Sun Grant
                                                  comment period. Subpart I included the                    This action has been determined to be               Program.
                                                  standard elements of a subpart                          not significant for purposes of Executive             Unfunded Mandates Reform Act of 1995
                                                  including applicability, purpose,                       Order 12866.                                          and Executive Order 13132
                                                  definitions, eligibility, project types and
                                                  priorities, funding restrictions, and                   Regulatory Flexibility Act of 1980                       The Department has reviewed this
                                                  matching requirements for the 406                         This final rule has been reviewed in                final rule in accordance with the
                                                  program. No comments were received                      accordance with the Regulatory                        requirements of Executive Order No.
                                                  for Subpart I. Through this final rule,                 Flexibility Act of 1980, as amended by                13132 and the Unfunded Mandates
                                                  NIFA adopts Subpart I portion of the                    the Small Business Regulatory                         Reform Act of 1995, 2 U.S.C. 1501 et
                                                  interim final rule published on                         Enforcement Fairness Act of 1996, (5                  seq., and has found no potential or
                                                  September 9, 2010, as final without                     U.S.C. 601–612). The Department                       substantial direct effects on the States,
                                                  change.                                                 certifies that this final regulation will             on the relationship between the national
                                                                                                          not have a significant economic impact                government and the States, or on the
                                                  Subpart J                                                                                                     distribution of power and
                                                                                                          on a substantial number of small
                                                     Section 7409 of the 2014 Farm Bill                   entities. This final regulation will affect           responsibilities among the various
                                                  introduced changes to the BFRDP to, for                 institutions of higher education                      levels of government. As there is no
                                                  example, address new priorities and                     receiving Federal funds under this                    Federal mandate contained herein that
                                                  broaden the community of potential                      program. The U.S. Small Business                      could result in increased expenditures
                                                  beneficiaries. These changes require                    Administration Size Standards define                  by State, local, or tribal governments, or
                                                  administrative revisions to the                         institutions as ‘‘small entities’’ if they            by the private sector, the Department
                                                  regulation. These regulations apply to                  are for-profit or nonprofit institutions              has not prepared a budgetary impact
                                                  all recipients of Federal funds under the               with total annual revenue below                       statement.
                                                  BFRDP. The proposed changes are                         $5,000,000 or if they are institutions                Clarity of This Regulation
                                                  intended to provide clear, transparent,                 controlled by governmental entities
                                                  and consistent guidance to stakeholders                 with populations below 50,000. The                       Executive Order 12866 and the
                                                  and potential applicants and recipients.                rule does not involve regulatory and                  President’s Memorandum of June 1,
                                                  For instance, the 2014 Farm Bill added                  informational requirements regarding                  1998, require each agency to write all
                                                  emphasis for projects serving military                  businesses, organizations, and                        rules in plain language. The Department
                                                  veterans who wish to begin a career in                  governmental jurisdictions subject to                 invites comments on how to make this
                                                  agriculture, updated the focus areas that               regulation.                                           final rule easier to understand.
                                                  funded programs and services will                                                                             List of Subjects in 7 CFR Part 3430
                                                                                                          Paperwork Reduction Act (PRA)
                                                  address, and expanded the class of
                                                  entities with experience in new                            The Department certifies that this                    Administrative practice and
                                                  agricultural producer training and                      final rule has been assessed in                       procedure, Agricultural research,
                                                  outreach to which NIFA will give                        accordance with the requirements of the               Education, Extension, Federal
                                                  priority.                                               Paperwork Reduction Act, 44 U.S.C.                    assistance.
                                                                                                          3501 et seq. (PRA). The Department                       Accordingly, the Department of
                                                  Subpart L                                               concludes that this final rule does not               Agriculture, National Institute of Food
                                                     Section 7138 of the 2008 Farm Bill                   impose any new information                            and Agriculture, adopts the interim rule
                                                  established the NLGCA program.                          requirements or increase the burden                   amending 7 CFR part 3430 which was
                                                  Administrative provisions have not yet                  hours. In addition to the SF–424 form                 published at 75 FR 54759 on September
                                                  been established for the program. NIFA                  families (i.e., Research and Related and              9, 2010, as a final rule with the
                                                  will establish administrative provisions                Mandatory) and the SF–425 Federal                     following changes:
                                                  in Subpart L for the program following                  Financial Report (FFR) No. 0348–0061,
                                                                                                          NIFA has three currently approved                     PART 3430—COMPETITIVE AND
                                                  the subpart template which, at a
                                                                                                          OMB information collections associated                NONCOMPETITIVE NON-FORMULA
                                                  minimum, is to include: (1)
                                                                                                          with this rulemaking: OMB Information                 FEDERAL ASSISTANCE PROGRAMS—
                                                  Applicability of regulations, (2)
                                                                                                          Collection No. 0524–0042, NIFA                        GENERAL AWARD ADMINISTRATIVE
                                                  purpose, (3) definitions (those in
                                                                                                          REEport; No. 0524–0041, NIFA                          PROVISIONS
                                                  addition to or different from § 3430.2),
                                                  (4) eligibility, (5) project types and                  Application Review Process; and No.                   ■ 1. The authority citation for part 3430
                                                  priorities, (6) funding restrictions                    0524–0026, Organizational Information.                continues to read as follows:
                                                  (including indirect costs), and (7)                     Catalog of Federal Domestic Assistance                  Authority: 7 U.S.C. 3316; Pub. L. 106–107
                                                  matching requirements.                                                                                        (31 U.S.C. 6101 note).
                                                                                                            This final regulation applies to the
                                                  Subpart O                                               following Federal financial assistance
                                                                                                                                                                Subpart A—General
                                                    Section 7516 of the 2014 Farm Bill                    programs administered by NIFA
                                                  introduced changes to the Sun Grant                     including CFDA No. 10.309, Specialty                  ■ 2. In § 3430.2, add a definition in
                                                  Program that require administrative                     Crop Research Initiative; CFDA No.                    alphabetical order for ‘‘Certification of
                                                  revisions to the regulation governing the               10.307, Organic Agriculture Research                  Non-Land-Grant College of Agriculture
                                                  program.                                                and Extension Initiative; CFDA No.                    status’’ to read as follows:
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                                                                                                          10.303, Integrated Research, Education,
                                                  III. Administrative Requirements for                    and Extension Competitive Grants                      § 3430.2   Definitions.
                                                  the Rulemaking                                          Program; CFDA No. 10.310, Agriculture                 *     *     *     *    *
                                                     This rule concerns matters relating to               and Food Research Initiative (AFRI);                    Certification of Non-Land-Grant
                                                  ‘grants, benefits, or contracts,’ 5 U.S.C.              CFDA No. 10.311, Beginning Farmer                     College of Agriculture status means an
                                                  553(a)(2), and is therefore exempt from                 and Rancher Development Program;                      institution that followed NIFA’s Process
                                                  the requirement of prior notice and                     CFDA No. 10.326, Capacity Building for                for Non-Land Grant College of
                                                  comment.                                                Non-Land Grant Colleges of Agriculture;               Agriculture (NLGCA) Designation and


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                                                  6414              Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations

                                                  received a certification of NLGCA                       infrastructure program (as defined in                 authority. Any restriction on indirect
                                                  designation from NIFA (see                              section 251(f)(1)(C) of the Department of             costs is to be identified in the request
                                                  § 3430.16(c)).                                          Agriculture Reorganization Act of 1994,               for applications as appropriate. Use of
                                                  *     *    *      *    *                                7 U.S.C. 6971(f)(1)(C)), including a                  indirect costs as in-kind matching
                                                                                                          partner of such an entity. Entities                   contributions is subject to § 3430.52(b).
                                                  Subpart B—Pre-Award: Solicitation                       eligible to receive funds under a
                                                  and Application                                         capacity and infrastructure program and               Subpart F—Specialty Crop Research
                                                                                                          exempt from the matching funds                        Initiative
                                                  ■ 3. In § 3430.16, add paragraph (d) to                 requirement include:
                                                  read as follows:                                                                                              ■ 6. In § 3430.201, revise paragraphs
                                                                                                             (A) 1862 Land-grant Institutions,                  (a)(1) and (3) and add paragraph (c) to
                                                  § 3430.16   Eligibility requirements.                   including State Agricultural Experiment               read as follows:
                                                                                                          Stations receiving funding under the
                                                  *      *     *     *     *
                                                     (d) Certification of NLGCA status.                   Hatch Act of 1887;                                    § 3430.201    Purpose.
                                                  NIFA will make publically available                        (B) 1890 Land-grant Institutions;                     (a)* * *
                                                  (e.g., Federal Register) the process                       (C) 1994 Land-grant Institutions;                     (1) Research in plant breeding,
                                                  through which institutions may apply                       (D) Entities eligible to receive funds             genetics, genomics, and other methods
                                                  for designation as a NLGCA. The public                  under the of Continuing Animal Health                 to improve crop characteristics, such
                                                  notice will, at a minimum, include                      and Disease, Food Security, and                       as—
                                                  NLGCA criteria, instructions on how to                  Stewardship Research, Education, and
                                                                                                                                                                *      *     *     *    *
                                                  request designation, information about                  Extension Program Funds—Capacity
                                                                                                                                                                   (3) Efforts to improve production
                                                  how NIFA will respond to requests, and                  and Infrastructure Program (CIP);
                                                                                                                                                                efficiency, handling and processing,
                                                  termination of NLGCA status.                               (E) Hispanic-Serving Agricultural
                                                                                                                                                                productivity, and profitability over the
                                                                                                          Colleges and Universities (HSACU);
                                                                                                                                                                long term (including specialty crop
                                                  Subpart E—Post-Award and Closeout                          (F) Insular Area Schools Eligible to
                                                                                                                                                                policy and marketing).
                                                                                                          Receive Funds from the Distance
                                                  ■ 4. In § 3430.52, add paragraphs (a)(1)                Education/Resident Instruction Grant                  *      *     *     *    *
                                                  and (2) to read as follows:                             Programs;                                                (c) In addition to SCRI grants, NIFA
                                                                                                             (G) Entities eligible to receive funds             will make competitive research and
                                                  § 3430.52   Cost sharing and matching.                                                                        extension grants under the Emergency
                                                                                                          under the of McIntire-Stennis
                                                     (a) * * *                                                                                                  Citrus Disease Research and Extension
                                                     (1) A recipient of a NIFA competitive                Cooperative Forestry Program Funds;
                                                                                                             (H) Non-Land Grant Colleges of                     program (see § 3430.209).
                                                  grant programs that are awarded under
                                                                                                          Agriculture (NLGCA)—(for exemption                    ■ 7. In § 3430.202, designate the existing
                                                  a covered law provided in section 3371
                                                  of under the National Agricultural                      from the new matching requirement,                    paragraph as paragraph (a) and add
                                                  Research, Extension, and Teaching                       these applications must include NLGCA                 paragraph (b) to read as follows:
                                                  Policy Act of 1977 must provide funds,                  certification, see instructions for
                                                                                                                                                                § 3430.202    Definitions
                                                  in-kind contributions, or a combination                 requesting certifications at http://
                                                                                                          www.nifa.usda.gov/form/form.html, and                 *      *    *    *     *
                                                  of both, from sources other than funds                                                                           (b) The following definitions apply to
                                                  provided through such grant in an                       for attaching the certification in Part IV,
                                                                                                          B. of this RFA);                                      § 3430.209:
                                                  amount that is at least equal to the                                                                             Citrus means edible fruit of the family
                                                  amount awarded by NIFA unless an                           (I) Entities eligible to receive funds
                                                                                                          under a program established under                     Rutaceae, including any hybrid of such
                                                  exception applies. NIFA will determine                                                                        fruits and products of such hybrids that
                                                  program applicability of this match and                 section 1417(b) of the National
                                                                                                          Agricultural Research, Extension, and                 are produced for commercial purposes
                                                  include in the RFA for those programs:                                                                        in the United States.
                                                  The match requirement, exceptions,                      Teaching Policy Act of 1977 (7 U.S.C.
                                                                                                          3152(b)), including:                                     Citrus producer means any person
                                                  waivers, and any other information
                                                                                                             (1) 1890 Institution Teaching,                     that is engaged in the domestic
                                                  necessary to determine applicability of
                                                                                                          Research, and Extension Capacity                      production and commercial sale of
                                                  the match requirement. In accordance
                                                                                                          Building Grants Program;                              citrus in the United States.
                                                  with section 1492 of the National
                                                  Agricultural Research, Extension, and                      (2) Higher Education Challenge Grants              ■ 8. In § 3430.204:
                                                  Teaching Policy Act of 1977 (7 U.S.C.                   Program;                                              ■ a. Designate the existing paragraph as
                                                  3371), as added by section 7128 of the                     (3) Higher Education Multicultural                 paragraph (a);
                                                  Agricultural Act of 2014 (Pub. L. 113–                  Scholars Program; and                                 ■ b. Remove the second sentence of
                                                  79), for grants awarded after October 1,                   (4) Food and Agricultural Sciences                 newly designated paragraph (a); and
                                                  2014, the recipient of an award must                    National Needs Graduate and                           ■ c. Add paragraph (b).
                                                  provide funds, in-kind contributions, or                Postgraduate Fellowship Grants                           The addition reads as follows:
                                                  a combination of both, from sources                     Program.
                                                                                                             (J) Individual public or private,                  § 3430.204    Project types and priorities.
                                                  other than funds provided through such
                                                  grant in an amount that is at least equal               nonprofit Alaska Native-Serving and                   *     *     *    *     *
                                                  to the amount awarded by NIFA unless                    Native Hawaiian-Serving Institutions of                 (b) In awarding grants under
                                                  one of the exemptions described herein                  higher education (see 20 U.S.C. 1059d).               § 3430.208, priority will be given to
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                                                  is applicable.                                          *       *    *      *     *                           grants that address the research and
                                                     (2) The matching funds requirement                   ■ 5. Revise § 3430.54 to read as follows:
                                                                                                                                                                extension priorities established
                                                  does not apply to grants awarded:                                                                             pursuant to section 1408A of the
                                                     (i) To a research agency of the United               § 3430.54    Indirect costs.                          National Agricultural Research,
                                                  States Department of Agriculture                          Indirect cost rates for grants and                  Extension, and Teaching Policy Act of
                                                  (USDA); or                                              cooperative agreements shall be                       1977 (7 U.S.C. 3123a).
                                                     (ii) To an entity eligible to receive                determined in accordance with 2 CFR                   ■ 9. Revise the heading for § 3430.207 to
                                                  funds under a capacity and                              part 200, unless superseded by another                read as follows:


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                                                                      Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations                                               6415

                                                  § 3430.207       Duration of awards.                      vaccination delivery systems, or                      § 3430.402    [Removed and Reserved]
                                                  *       *    *    *     *                                 diagnostic tests for pests and diseases,              ■   14. Remove and reserve § 3430.402.
                                                  ■   10. Add § 3430.208 to read as follows:                including—
                                                                                                               (i) Epizootic diseases in domestic                 Subpart J—Beginning Farmer and
                                                  § 3430.208       Review of applications.                  livestock (including deer, elk, bison,                Rancher Development Program
                                                    In addition to the scientific peer                      and other animals of the family
                                                  review (see § 3430.33), NIFA will                         Cervidae); and                                        ■ 15. In § 3430.603, revise paragraph (c)
                                                  regularly conduct a panel of specialty                       (ii) Zoonotic diseases (including                  to read as follows:
                                                  crop industry representatives to review                   bovine brucellosis and bovine                         § 3430.603    Eligibility.
                                                  and rank applications for merit,                          tuberculosis) in domestic livestock or                *      *    *    *      *
                                                  relevance and impact.                                     wildlife reservoirs that present a                       (c) A community-based or
                                                  ■ 11. Add § 3430.209 to read as follows:                  potential concern to public health; and               nongovernmental organization;
                                                                                                               (10) The identification of animal drug
                                                  § 3430.209 Emergency Citrus Disease                       needs and the generation and                          *      *    *    *      *
                                                  Research and Extension Program.                                                                                 ■ 16. In § 3430.604, revise paragraphs
                                                                                                            dissemination of data for safe and
                                                     The purpose of this program is to                                                                            (a)(1) through (14) to read as follows:
                                                                                                            effective therapeutic applications of
                                                  award competitive grants to:                              animal drugs for minor species and                    § 3430.604    Project types and priorities.
                                                     (a) Conduct scientific research and                    minor uses of such drugs in major
                                                  extension activities, technical                                                                                    (a) * * *
                                                                                                            species.                                                 (1) Basic livestock, forest
                                                  assistance, and development activities
                                                                                                            *       *    *    *     *                             management, and crop farming
                                                  to combat citrus diseases and pests, both
                                                                                                               (d) * * *                                          practices;
                                                  domestic and invasive, which pose
                                                                                                               (4) The effectiveness of conservation                 (2) Innovative farm, ranch, and
                                                  imminent harm to the United States
                                                                                                            practices and technologies designed to                private, nonindustrial forest land
                                                  citrus production and threaten the
                                                                                                            address nutrient losses and improve                   transfer strategies;
                                                  future viability of the citrus industry,
                                                                                                            water quality;                                           (3) Entrepreneurship and business
                                                  including huanglongbing and the Asian
                                                  Citrus Psyllid; and                                       *       *    *    *     *                             training;
                                                     (b) Provide support for the                               (f) * * *                                             (4) Financial and risk management
                                                  dissemination and commercialization of                       (5) The economic costs, benefits, and              training (including the acquisition and
                                                  relevant information, techniques, and                     viability of producers adopting                       management of agricultural credit);
                                                  technologies discovered pursuant to                       conservation practices and technologies                  (5) Natural resource management and
                                                  research and extension activities funded                  designed to improve water quality;                    planning;
                                                  through—                                                                                                           (6) Diversification and marketing
                                                                                                            *       *    *    *     *
                                                     (1) The emergency citrus disease                                                                             strategies;
                                                  research and extension program; or                        Subpart H—Organic Agriculture                            (7) Curriculum development;
                                                     (2) Other research and extension                       Research and Extension Initiative                        (8) Mentoring, apprenticeships, and
                                                  projects intended to solve problems                                                                             internships;
                                                                                                            ■ 13. In § 3430.401, revise paragraphs                   (9) Resources and referral;
                                                  caused by citrus production diseases
                                                                                                            (a), (b)(1), (b)(2), and (b)(6) to read as               (10) Farm financial benchmarking;
                                                  and invasive pests.
                                                                                                            follows:                                                 (11) Assisting beginning farmers or
                                                  Subpart G—Agriculture and Food                                                                                  ranchers in acquiring land from retiring
                                                                                                            § 3430.401    Purpose.                                farmers and ranchers;
                                                  Research Initiative
                                                                                                              (a) The purpose of this program is to                  (12) Agricultural rehabilitation and
                                                  ■  12. In § 3430.309:                                     make competitive grants, in                           vocational training for veterans;
                                                  ■  a. In paragraph (b)(7), remove ‘‘and’’                 consultation with the Advisory Board,                    (13) Farm safety and awareness; and
                                                  from the end;                                             to support research, education and                       (14) Other similar subject areas of use
                                                  ■ b. In paragraph (b)(8), remove the                      extension activities regarding                        to beginning farmers or ranchers.
                                                  period from the end and add a                             organically grown and processed                       *      *    *      *     *
                                                  semicolon in its place;                                   agricultural commodities.
                                                  ■ c. Add paragraphs (b)(9) and (10);                        (b) * * *                                           § 3430.605    [Amended]
                                                  ■ d. In paragraph (d) introductory text,                    (1) Facilitating the development and                ■ 17. In § 3430.605, in paragraph (b),
                                                  remove ‘‘Renewable energy’’ and add in                    improvement of organic agriculture                    revise the reference ‘‘§ 3430.5460’’ to
                                                  its place ‘‘Bioenergy’’;                                  production, breeding, and processing                  read ‘‘§ 3430.54.’’
                                                  ■ e. Redesignate paragraphs (d)(4), (5),                  methods;                                              ■ 18. In § 3430.608, revise paragraph (b)
                                                  and (6) as paragraphs (d)(5), (6), and (7),                 (2) Evaluating the potential economic               to read as follows:
                                                  respectively, and add new paragraph                       benefits of organic agricultural
                                                  (d)(4);                                                   production and methods to producers,                  § 3430.608    Review criteria.
                                                  ■ f. In paragraph (f) introductory text,                  processors, and rural communities;                    *     *    *     *    *
                                                  add ‘‘economics,’’ after ‘‘trade’’;                       *     *     *     *     *                               (b) Partnership and collaboration. In
                                                  ■ g. Redesignate paragraphs (f)(5) and
                                                                                                              (6) Conducting advanced on-farm                     making awards under this subpart,
                                                  (6) as paragraphs (f)(6) and (7),                         research and development that                         NIFA shall give priority to partnerships
                                                  respectively, and add new paragraph
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                                                                                                            emphasizes observation of,                            and collaborations that are led by or
                                                  (f)(5).                                                   experimentation with, and innovation                  include nongovernmental, and
                                                     The additions read as follows:
                                                                                                            for working organic farms, including                  community-based organizations, and
                                                  § 3430.309       Priority areas.                          research relating to production,                      school-based agricultural educational
                                                  *     *    *     *    *                                   marketing, food safety, socioeconomic                 organizations with expertise in new
                                                    (b) * * *                                               conditions, and farm business                         agricultural producer training and
                                                    (9) The research and development of                     management;                                           outreach.
                                                  surveillance methods, vaccines,                           *     *     *     *     *                             *     *    *     *    *


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                                                  6416                Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations

                                                  ■ 19. In § 3430.609, revise paragraph (a)                 Institutions to assist the NLGCA                         (11) Youth development and
                                                  and in paragraphs (c) and (d), remove                     Institutions in maintaining and                       agricultural education, including 4–H
                                                  the phrase ‘‘and an award for an                          expanding the capacity to conduct                     clubs.
                                                  educational enhancement team project’’.                   education, research, and outreach                        (12) Expansion of domestic and
                                                    The revision reads as follows:                          activities relating to agriculture,                   international markets for agricultural
                                                                                                            renewable resources, and other similar                commodities and products, including
                                                  § 3430.609       Other considerations.                                                                          agricultural trade barrier identification
                                                                                                            disciplines.
                                                    (a) Set aside. (1) Not less than 5                                                                            and analysis.
                                                  percent of the funds used to carry out                    § 3430.802    Definitions.                               (13) Information management and
                                                  this subsection for a fiscal year shall be                   The definitions applicable to the                  technology transfer related to
                                                  used to support programs and services                     program under this subpart include:                   agriculture.
                                                  that address the needs of—                                   Capacity building means enhancing                     (14) Biotechnology related to
                                                    (i) Limited resource beginning farmers                  and strengthening the quality and depth               agriculture.
                                                  or ranchers (see 3430.602);                               of an institution’s research and                         (15) The processing, distributing,
                                                    (ii) Socially disadvantaged farmers or                  academic programs as evidenced by its:                marketing, and utilization of food and
                                                  ranchers (as defined in section 355(e) of                 faculty expertise, scientific and                     agricultural products. (7 U.S.C. Section
                                                  the Consolidated Farm and Rural                           technical resources, research                         3103).
                                                  Development Act (7 U.S.C. 2003(e)) who                    environment, curriculum, student                         Joint project proposal means:
                                                  are beginning farmers or ranchers; and                    experiential learning opportunities,                     (1) An application for a project:
                                                    (iii) Farmworkers desiring to become                    scientific instrumentation, library                      (i) Which will involve the applicant
                                                  farmers or ranchers.                                      resources, academic standing and racial,              institution working in cooperation with
                                                    (2) Each fiscal year, NIFA shall set                    ethnic, or gender diversity of its faculty            one or more other entities not legally
                                                  aside not less than 5 percent of the                      and student body, faculty and student                 affiliated with the applicant institution,
                                                  funds to support the standard BFRDP                       recruitment and retention programs, and               including other schools, colleges,
                                                  projects under this subpart to support                    organizational structures and reward                  universities, community colleges, junior
                                                  programs and services that address the                    systems for attracting and retaining first-           colleges, units of State government,
                                                  needs of veteran farmers and ranchers                     rate research and teaching faculty or                 private sector organizations, or a
                                                  (as defined in section 2501(e) of the                     students.                                             consortium of institutions; and
                                                  Food, Agriculture, Conservation, and                         Citizen or national of the United                     (ii) Where the applicant institution
                                                  Trade Act of 1990 (7 U.S.C. 2279(e)).                     States means:                                         and each cooperating entity will assume
                                                  Recipients of these funds may                                (1) A citizen or native resident of a              a significant role in the conduct of the
                                                  coordinate with a recipient of an award                   State; or,                                            proposed project.
                                                  under section 1680 of the Food,                              (2) A person defined in the                           (2) To demonstrate a substantial
                                                  Agriculture, Conservation, and Trade                      Immigration and Nationality Act, 8                    involvement with the project, the
                                                  Act of 1990 (7 U.S.C. 5933) in                            U.S.C. 1101(a) (22), who, though not a                applicant institution/organization
                                                  addressing the needs of veteran farmers                   citizen of the United States, owes                    submitting a joint project proposal must
                                                  and ranchers with disabilities.                           permanent allegiance to the United                    retain at least 30 percent but not more
                                                  *      *    *     *     *                                 States.                                               than 70 percent of the awarded funds
                                                  ■ 20. Add subpart L to read as follows:                      Eligible participant means an                      and no cooperating entity may receive
                                                                                                            individual who is a citizen or national               less than 10 percent of awarded funds.
                                                  Subpart L—Capacity Building Grants                        of the United States as defined in this               Only the applicant institution must
                                                  for Non-Land Grant Colleges of                            section.                                              meet the definition of an eligible
                                                  Agriculture Program                                          Food and agricultural sciences means               institution/organization as specified in
                                                                                                            basic, applied, and developmental                     this RFA; other entities participating in
                                                  Sec.                                                      research, extension, and teaching                     a joint project proposal are not required
                                                  3430.800     Applicability.                               activities in food and fiber, agricultural,           to meet the definition of an eligible
                                                  3430.801     Purpose.                                                                                           institution/organization.
                                                                                                            renewable energy and natural resources,
                                                  3430.802     Definitions.
                                                                                                            forestry, and physical and social                        Large-scale, Comprehensive Initiative
                                                  3430.803     Eligibility.
                                                  3430.804     Project types and priorities.                sciences, including activities relating to            (LCI) project proposal means:
                                                  3430.805     Funding restrictions.                        the following:                                           (1) An application for a project:
                                                  3430.806     Matching requirements.                          (1) Animal health, production, and                    (i) Which will involve the applicant
                                                  3430.807     Duration of grant.                           well-being.                                           institution/organization working in
                                                                                                               (2) Plant health and production.                   cooperation with two or more other
                                                    Authority: 7 U.S.C. 3316; Pub. L. 106–107
                                                  (31 U.S.C. 6101 note).                                       (c) Animal and plant germ plasm                    entities not legally affiliated with the
                                                                                                            collection and preservation.                          applicant institution, including other
                                                  § 3430.800       Applicability.                              (3) Aquaculture.                                   schools, colleges, universities,
                                                    The regulations in this subpart apply                      (4) Food safety.                                   community colleges, junior colleges,
                                                  to the program authorized under section                      (5) Soil, water, and related resource              units of State government, private sector
                                                  1473F of the National Agricultural                        conservation and improvement.                         organizations, or a consortium of
                                                  Research, Extension, and Teaching                            (6) Forestry, horticulture, and range              institutions; and
                                                  Policy Act of 1977 (NARETPA), as                          management.                                              (ii) Where the applicant institution
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                                                  added by section 7138 of the Food,                           (7) Nutritional sciences and                       and each cooperating entity will assume
                                                  Conservation, and Energy Act of 2008,                     promotion.                                            a significant role in the conduct of the
                                                  (7 U.S.C. 3319i).                                            (8) Farm enhancement, including                    proposed project.
                                                                                                            financial management, input efficiency,                  (2) To demonstrate a substantial
                                                  § 3430.801       Purpose.                                 and profitability.                                    involvement with the project, the
                                                    The purpose of this program is to                          (9) Home economics (Family and                     applicant institution/organization
                                                  make competitive grants to Non Land                       Consumer Sciences).                                   submitting a LCI proposal must retain at
                                                  Grant Colleges of Agriculture (NLGCA)                        (10) Rural human ecology.                          least 30 percent but not more than 70


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                                                                    Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations                                               6417

                                                  percent of the awarded funds and no                     students who both attended class and                  Federal funds from this grants program
                                                  cooperating entity may receive less than                used the supplemental, Web-based                      must be an eligible participant. Where
                                                  10 percent of awarded funds. Only the                   course materials’’.)                                  eligibility is claimed under 8 U.S.C.
                                                  applicant institution must meet the                       Regular project proposal means a                    1101(a)(22), documentary evidence from
                                                  definition of an eligible institution as                proposal for a project:                               the Immigration and Naturalization
                                                  specified in this RFA; other entities                     (1) Where the applicant institution                 Service as to such eligibility must be
                                                  participating in a joint project proposal               will be the sole entity involved in the               made available to NIFA upon request.
                                                  are not required to meet the definition                 execution of the project; or
                                                  of an eligible institution. LCI Project                   (2) Which will involve the applicant                § 3430.804    Project types and priorities.
                                                  Proposals must support a multi-partner                  institution and one or more other                       (a) For each RFA, NIFA may develop
                                                  approach to solving a major state or                    entities, but where the involvement of                and include the appropriate project
                                                  regional challenge in agricultural                      the other entity(ies) does not meet the               types and focus areas based on the
                                                  sciences education at the postsecondary                 requirements for a joint project proposal             critical needs identified through
                                                  level. LCI Project Proposals are                        as defined in this section.                           stakeholder input and deemed
                                                  characterized by multiple partners (each                  Sustainable Agriculture means an                    appropriate by NIFA.
                                                  providing a specific expertise) organized               integrated system of plant and animal                   (b) The RFA will specify which of the
                                                  and led by a strong applicant with                      production practices having a site-                   following project types applicants may
                                                  documented project management ability                   specific application that will, over the              submit applications:
                                                  to organize and carry out the initiative.               long-term—
                                                                                                            (1) Satisfy human food and fiber                      (1) Regular project proposal (the
                                                     Non-land-grant college of agriculture                                                                      applicant executes the project without
                                                  (NLGCA) means a public college or                       needs;
                                                                                                            (2) Enhance environmental quality                   the requirement of sharing grant funds
                                                  university offering a baccalaureate or                                                                        with other project partners);
                                                  higher degree in the study of agriculture               and the natural resource base upon
                                                  or forestry. The terms ‘‘NLGCA                          which the agriculture economy                           (2) Conference/planning grant to
                                                  Institution’’ and ‘‘non-land-grant college              depends;                                              facilitate strategic planning session(s);
                                                  of agriculture’’ do not include:                          (3) Make the most efficient use of                    (3) Joint project proposal (the
                                                     (1) Hispanic-serving agricultural                    nonrenewable resources and on-farm                    applicant executes the project with
                                                  colleges and universities; or                           resources and integrate, where                        assistance from at least one additional
                                                     (2) Any institution designated under:                appropriate, natural biological cycles                partner and must share grant funds with
                                                  a. the Act of July 2, 1862 (commonly                    and controls;                                         the additional partner(s)); and
                                                  known as the ‘‘First Morrill Act’’; 7                     (4) Sustain the economic viability of                 (4) Large-scale (state or region)
                                                  U.S.C. 301 et seq., or the ‘1862 Land                   farm operations; and                                  comprehensive initiatives (LCI)
                                                  Grants’);                                                 (5) Enhance the quality of life for                 (Applicant + Two or more Partners).
                                                     (3) The Act of August 30, 1890                       farmers and society as a whole.
                                                  (commonly known as the ‘‘Second                           Teaching and education mean formal                  § 3430.805    Funding restrictions.
                                                  Morrill Act’’) (7 U.S.C. 321 et seq., or                classroom instruction, laboratory                        (a) Prohibition against construction.
                                                  the ‘1890 Land Grants’);                                instruction, and practicum experience                 Grant funds awarded under this
                                                     (4) The Equity in Educational Land-                  in the food and agricultural sciences                 authority may not be used for the
                                                  Grant Status Act of 1994 (Public Law                    and matters relating thereto (such as                 renovation or refurbishment of research,
                                                  103–382; 7 U.S.C. 301 note, or the ‘1994                faculty development, student                          education, or extension space; the
                                                  or Tribal Colleges Land Grants’); or                    recruitment and services, curriculum                  purchase or installation of fixed
                                                     (5) Public Law 87–788 (commonly                      development, instructional materials                  equipment in such space; or the
                                                  known as the ‘‘McIntire-Stennis                         and equipment, and innovative teaching                planning, repair, rehabilitation,
                                                  Cooperative Forestry Act’’) (16 U.S.C.                  methodologies) conducted by colleges                  acquisition, or construction of buildings
                                                  582a et seq.).                                          and universities offering baccalaureate               or facilities.
                                                     Outcomes means specific, measurable                  or higher degrees.
                                                  project results and benefits that, when                                                                          (b) Prohibition on tuition remission.
                                                  assessed and reported; indicate the                     § 3430.803    Eligibility.                            Tuition remission, on-campus room and
                                                  project’s plan of operation has been                      (a) Institution eligibility. Applications           board, academic fees or other financial
                                                  achieved. Measurable outcomes include:                  may only be submitted by a NLGCA                      assistance (scholarships or fellowships)
                                                     (1) Results are intended or                          institution. For the purposes of this                 are not allowed.
                                                  unintended consequences of the project,                 program, the individual branches of a                    (c) Promotional items (e.g., T-shirts
                                                  (e.g., ‘‘. . . additional course materials              State college or university that are                  and other giveaways) and food functions
                                                  now available online to reinforce                       separately accredited as degree-granting              (e.g., cookouts or other social or meal
                                                  student learning during non-classroom                   institutions are treated as separate                  gatherings) are considered
                                                  hours’’);                                               institutions, and are therefore eligible to           ‘entertainment’ expenses, and are,
                                                     (2) Products may be actual items or                  apply for NLGCA Program awards.                       therefore, also not allowed under this
                                                  services acquired with funds, (e.g.,                    Separate branches or campuses of a                    grants program.
                                                  ‘‘. . . mechanisms and content to                       college or university that are not
                                                                                                                                                                § 3430.806    Matching requirements.
                                                  transition existing course(s) or elements               individually accredited as degree-
                                                  of course(s) for Web-based access’’ or                  granting institutions are not treated as                There are no matching requirements
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                                                  ‘‘created new and innovative prevention                 separate institutions, and are therefore              for grants under this subpart.
                                                  and intervention initiatives’’); and                    not eligible to submit an application.
                                                     (3) Impacts are a measure of the                                                                           § 3430.807    Duration of grant.
                                                                                                          Accreditation must be conferred by an
                                                  results by comparing what might have                    agency or association recognized by the                 The term of a Federal assistance
                                                  happened in the absence of the funded                   Secretary of the U.S. Department of                   award made for a NLGCA project shall
                                                  project, (e.g., ‘‘. . . an observed, overall            Education.                                            not exceed 5 years. No-cost extensions
                                                  increase in student learning based upon                   (b) Teacher or student eligibility. A               of time beyond the maximum award
                                                  8% higher average test scores of those                  teacher or student recipient receiving                terms will not be considered or granted.


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                                                  6418              Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations

                                                  Subpart O—Sun Grant Program                             DEPARTMENT OF AGRICULTURE                             may be brought regarding the provisions
                                                                                                                                                                of this rule, the administrative appeal
                                                  § 3430.1001      [Amended]                              Rural Housing Service                                 provisions of 7 CFR part 11 must be
                                                  ■ 21. In § 3430.1001, in paragraph (d),                                                                       exhausted.
                                                  remove the words ‘‘the Department of                    7 CFR Part 3555
                                                                                                                                                                Unfunded Mandates Reform Act
                                                  Energy’’ and add in their place ‘‘other                 RIN 0575–AC18
                                                  appropriate Federal agencies (as                                                                                 Title II of the Unfunded Mandates
                                                  determined by the Secretary)’’.                         Single Family Housing Guaranteed                      Reform Act of 1995 (UMRA), Public
                                                                                                          Loan Program                                          Law 104–4, establishes requirements for
                                                  § 3430.1002      [Amended]                                                                                    Federal agencies to assess the effect of
                                                  ■ 22. In § 3430.1002, remove the                        AGENCY:    Rural Housing Service, USDA.               their regulatory actions on State, local,
                                                  definition for the term ‘‘gasification.’’               ACTION:   Final rule.                                 and tribal governments and the private
                                                                                                                                                                sector. Under section 202 of the UMRA,
                                                  § 3430.1003      [Amended]                              SUMMARY:   This final rule follows                    the Agency generally must prepare a
                                                  ■ 23. In § 3430.1003:                                   publication of the December 9, 2013,                  written statement, including a cost-
                                                  ■ a. In paragraph (a)(1), remove the                    interim final rule and makes changes in               benefit analysis, for proposed and final
                                                  words ‘‘at South Dakota State                           response to public comment and further                rules with ‘‘Federal mandates’’ that may
                                                  University’’;                                           consideration of certain issues by the                result in expenditures to State, local, or
                                                  ■ b. In paragraph (a)(2), remove the                    Rural Housing Service (RHS or Agency)                 tribal governments, in the aggregate, or
                                                  words ‘‘at University of Tennessee at                   to the Single Family Housing                          to the private sector, of $100 million, or
                                                  Knoxville’’;                                            Guaranteed Loan Program (SFHGLP).                     more, in any one year. When such a
                                                  ■ c. In paragraph (a)(3), remove the                    The changes made by this final rule are               statement is needed for a rule, section
                                                  words ‘‘at Oklahoma State University’’;                 designed to further improve and clarify               205 of the UMRA generally requires the
                                                  ■ d. In paragraph (a)(4), remove the                    Agency instructions while strengthening               Agency to identify and consider a
                                                  words ‘‘at Cornell University’’;                        and enhancing the SFHGLP process by                   reasonable number of regulatory
                                                  ■ e. In paragraph (a)(5), remove the                    reducing regulations, improving                       alternatives and adopt the least costly,
                                                  words ‘‘at Oregon State University’’; and               customer service to achieve greater                   most cost-effective, or least burdensome
                                                  ■ f. In paragraph (a)(6), remove the                    efficiency, flexibility and effectiveness.            alternative that achieves the objectives
                                                  words ‘‘at the University of Hawaii’’.                  This rule will allow RHS to manage the                of the rule.
                                                                                                          program more effectively and reduce                      This final rule contains no Federal
                                                  § 3430.1004      [Amended]                              SFHGLP risk of loss.                                  mandates (under the regulatory
                                                  ■ 24. In § 3430.1004, in paragraph (a)(1),              DATES: This rule is effective on March 9,             provisions of Title II of the UMRA) for
                                                  remove the words ‘‘multistate research,                 2016.                                                 State, local, and tribal governments or
                                                  extension, and education programs on                    FOR FURTHER INFORMATION CONTACT:                      the private sector. Therefore, this rule is
                                                  technology development and multi-                       Lilian Lipton, Finance and Loan                       not subject to the requirements of
                                                  institutional and multistate integrated                 Analyst, Single Family Housing                        sections 202 and 205 of the UMRA.
                                                  research, extension, and education                      Guaranteed Loan Division, STOP 0784,                  Environmental Impact Statement
                                                  programs on technology                                  Room 2250, USDA Rural Development,
                                                  implementation’’ and add in their place                                                                          This document has been reviewed in
                                                                                                          South Agriculture Building, 1400
                                                  the words ‘‘integrated, multistate                                                                            accordance with 7 CFR part 1940,
                                                                                                          Independence Avenue SW.,
                                                  research, extension, and education                                                                            subpart G, ‘‘Environmental Program.’’ It
                                                                                                          Washington, DC 20250–0784, telephone:
                                                  programs on technology development                                                                            is the determination of the Agency that
                                                                                                          (202) 720–1452, email is lilian.lipton@
                                                  and technology implementation’’.                                                                              this action does not constitute a major
                                                                                                          wdc.usda.gov.
                                                                                                                                                                Federal action significantly affecting the
                                                  § 3430.1005      [Amended]                              SUPPLEMENTARY INFORMATION:                            quality of the human environment, and,
                                                  ■ 25. In § 3430.1005, in paragraph (b),                 Executive Order 12866, Classification                 in accordance with the National
                                                  remove the words ‘‘each of the five                                                                           Environmental Policy Act of 1969,
                                                                                                            This final rule has been determined to              Public Law 91–190, neither an
                                                  Centers’’ and add in their place the
                                                                                                          be non-significant by the Office of                   Environmental Assessment nor an
                                                  words ‘‘the Centers’’.
                                                                                                          Management and Budget (OMB) under                     Environmental Impact Statement is
                                                  § 3430.1007      [Amended]                              Executive Order 12866.                                required.
                                                  ■  26. In § 3430.1007:                                  Executive Order 12988, Civil Justice                  Executive Order 13132, Federalism
                                                  ■  a. In the first sentence of paragraph                Reform
                                                  (a), remove the words ‘‘gasification’’ and                                                                       The policies contained in this rule do
                                                                                                            This rule has been reviewed under                   not have any substantial direct effect on
                                                  ‘‘the Department of Energy’’ and add in
                                                                                                          Executive Order 12988, Civil Justice                  States, on the relationship between the
                                                  their place the words ‘‘bioproducts’’ and
                                                                                                          Reform. Except where specified, all                   national government and States, or on
                                                  ‘‘other appropriate Federal agencies’’
                                                                                                          State and local laws and regulations that             the distribution of power and
                                                  respectively; and
                                                                                                          are in direct conflict with this rule will            responsibilities among the various
                                                  ■ b. Remove the second and third
                                                                                                          be preempted. Federal funds carry                     levels of government. Nor does this rule
                                                  sentences of paragraph (a).
                                                                                                          Federal requirements. No person is                    impose substantial direct compliance
                                                  ■ c. Remove and reserve paragraph (b).
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                                                                                                          required to apply for funding under this              costs on State and local governments.
                                                    Done at Washington, DC, this 21 day of                program, but if they do apply and are                 Therefore, consultation with the States
                                                  January, 2016.                                          selected for funding, they must comply                is not required.
                                                  Sonny Ramaswamy,                                        with the requirements applicable to the
                                                  Director, National Institute of Food and                Federal program funds. This rule is not               Regulatory Flexibility Act
                                                  Agriculture.                                            retroactive. It will not affect agreements              In compliance with the Regulatory
                                                  [FR Doc. 2016–02213 Filed 2–5–16; 8:45 am]              entered into prior to the effective date              Flexibility Act (5 U.S.C. 601 et seq.) the
                                                  BILLING CODE 3410–22–P                                  of the rule. Before any judicial action               undersigned has determined and


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Document Created: 2016-02-06 00:24:11
Document Modified: 2016-02-06 00:24:11
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 February 8, 2016.
ContactMaria Koszalka, Division Director, Policy and Oversight Division, Phone: 202-401-4325, Email: [email protected]
FR Citation81 FR 6411 
RIN Number0524-AA58
CFR AssociatedAdministrative Practice and Procedure; Agricultural Research; Education; Extension and Federal Assistance

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