82 FR 15113 - Competitive and Noncompetitive Non-Formula Federal Assistance Programs-Specific Administrative Provisions for the Veterinary Services Grants Program

DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture

Federal Register Volume 82, Issue 57 (March 27, 2017)

The National Institute of Food and Agriculture (NIFA) is publishing a final rule for the Veterinary Services Grants Program. NIFA's development of these regulations serves to enhance its accountability and to standardize procedures across the Federal assistance programs it administers while providing transparency to the public.

[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Rules and Regulations]
[Pages 15113-15115]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05931]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Rules 
and Regulations

[[Page 15113]]



DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture

7 CFR Part 3430

RIN 0524-AA70


Competitive and Noncompetitive Non-Formula Federal Assistance 
Programs--Specific Administrative Provisions for the Veterinary 
Services Grants Program

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Final rule.

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SUMMARY: The National Institute of Food and Agriculture (NIFA) is 
publishing a final rule for the Veterinary Services Grants Program. 
NIFA's development of these regulations serves to enhance its 
accountability and to standardize procedures across the Federal 
assistance programs it administers while providing transparency to the 
public.

DATES: This final rule is effective on March 27, 2017.

FOR FURTHER INFORMATION CONTACT: Lisa Read, Policy Analyst, Policy 
Branch, Phone: 202-401-5061, Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background and Summary

Authority

    The Veterinary Services Grant Program (VSGP) is authorized under 
section 7104 of the Agricultural Act of 2014 (Pub. L. 113-79), 7 U.S.C. 
3151b.

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

II. Administrative Requirements for the Rulemaking

Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This action has been determined to be not significant for 
purposes of Executive Order 12866. The rule will not create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; nor will it materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs; nor will it have an 
annual effect on the economy of $100 million or more; nor will it 
adversely affect the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or Tribal governments or communities in a material way. Further, 
it does not raise a novel legal or policy issue arising out of legal 
mandates, the President's priorities, or principles set forth in the 
Executive Order.

Regulatory Flexibility Act of 1980

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

Paperwork Reduction Act

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

[[Page 15114]]

Regulations Assuring Civil Rights Compliance and Organizational 
Information.

Catalog of Federal Domestic Assistance

    This final rule applies to the following Federal financial 
assistance programs administered by NIFA: CFDA No. 10.336 Veterinary 
Services 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; Veterinarians.

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

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

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

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

0
2. Add subpart Q to read as follows:

Subpart Q--Veterinary Services Grant Program

Sec.
3430.1200 Applicability of regulations.
3430.1201 Purpose.
3430.1202 Definitions.
3430.1203 Eligibility.
3430.1204 Project types and priorities.
3430.1205 Funding restrictions.
3430.1206 Matching requirements.
3430.1207 Coordination preference.
3430.1208 Special requirements for Rural Practice Enhancement 
grants.
3430.1209 Duration of awards.

Subpart Q--Veterinary Services Grant Program


Sec.  3430.1200   Applicability of regulations.

    The regulations in this subpart apply to the Veterinary Services 
Grant Program authorized under section 7104 of the Agricultural Act of 
2014 (Pub. L. 113-79).


Sec.  3430.1201   Purpose.

    The purpose of VSGP is to administer a competitive grant program to 
develop, implement, and sustain veterinary services and relieve 
veterinarian shortage situations (see Sec.  3430.1202 for definition) 
in the U.S., which includes insular areas (see Sec.  3430.1202 for a 
definition of ``insular area''). A qualified entity may use funds 
provided by a grant awarded under this section to relieve veterinarian 
shortage situations and support veterinary services for any of the 
following purposes:
    (a) To promote recruitment (including for programs in secondary 
schools), placement, and retention of veterinarians, veterinary 
technicians, students of veterinary medicine, and students of 
veterinary technology.
    (b) To allow veterinary students, veterinary interns, externs, 
fellows, and residents, and veterinary technician students to cover 
expenses (other than the types of expenses described in 7 U.S.C. 
3151a(c)(5)) to attend training programs in food safety or food animal 
medicine.
    (c) To establish or expand accredited veterinary education programs 
(including faculty recruitment and retention), veterinary residency and 
fellowship programs, or veterinary internship and externship programs 
carried out in coordination with accredited colleges of veterinary 
medicine.
    (d) To provide continuing education and extension, including 
veterinary telemedicine and other distance-based education, for 
veterinarians, veterinary technicians, and other health professionals 
needed to strengthen veterinary programs and enhance food safety.
    (e) To provide technical assistance for the preparation of 
applications submitted to the Secretary for designation as a 
veterinarian shortage situation under 7 U.S.C. 3151a.


Sec.  3430.1202   Definitions.

    The definitions applicable to the VSGP grants under this subpart 
include:
    Citizen or national of the United States which means:
    (1) A citizen or national of the United States, as defined in 8 
U.S.C. 1401; or,
    (2) A national of the United States, as 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.
    Practice of veterinary medicine means to diagnose, treat, correct, 
change, alleviate, or prevent animal disease, illness, pain, deformity, 
defect, injury, or other physical, dental, or mental conditions by any 
method or mode including:
    (1) The prescription, dispensing, administration, or application of 
any drug, medicine, biologic, apparatus, anesthetic, or other 
therapeutic or diagnostic substance or medical or surgical technique, 
or
    (2) The use of complementary, alternative, and integrative 
therapies, or
    (3) The use of any manual or mechanical procedure for reproductive 
management, or
    (4) The rendering of advice or recommendation by any means 
including telephonic and other electronic communications with regard to 
any of paragraphs (1), (2), (3), or (4) of this definition.
    Qualified entity means an eligible entity (see Sec.  3430.1203 for 
a list of eligible applicants for each project type) that carries out 
programs or activities that the Secretary determines will:
    (1) Substantially relieve veterinarian shortage situations;
    (2) Support or facilitate private veterinary practices engaged in 
public health activities; or
    (3) Support or facilitate the practices of veterinarians who are 
providing or have completed providing services under an agreement 
entered into with the Secretary under 7 U.S.C. 3151a(a)(2).
    Rural area is defined in section 343(a) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1991(a)).
    Veterinarian means a U.S. citizen or national who has received a 
professional veterinary medicine degree from a college of veterinary 
medicine accredited by the AVMA Council on Education.
    Veterinarian Shortage Situation means any of the following 
situations in which the Secretary, in accordance with the process in 7 
CFR part 3431 subpart A, determines has a shortage of veterinarians:
    (1) Geographical areas that the Secretary determines have a 
shortage of food supply veterinarians; and
    (2) Areas of veterinary practice that the Secretary determines have 
a

[[Page 15115]]

shortage of food supply veterinarians, such as food animal medicine, 
public health, animal health, epidemiology, and food safety.
    Veterinary medicine means all branches and specialties included 
within the practice of veterinary medicine.
    Veterinary Medicine Loan Repayment Program or VMLRP means the 
Veterinary Medicine Loan Repayment Program authorized by the National 
Veterinary Medical Service Act (7 U.S.C. 3151a).


Sec.  3430.1203   Eligibility.

    (a) For Education, Extension, and Training projects, eligible 
entities are:
    (1) A State, national, allied, or regional veterinary organization 
or specialty board recognized by the American Veterinary Medical 
Association;
    (2) A college or school of veterinary medicine accredited by the 
American Veterinary Medical Association;
    (3) A university research foundation or veterinary medical 
foundation;
    (4) A department of veterinary science or department of comparative 
medicine accredited by the Department of Education;
    (5) A State agricultural experiment station; or
    (6) A State, local, or tribal government agency.
    (b) For Rural Practice Enhancement projects, eligible entities are:
    (1) A for-profit or nonprofit entity located in the United States 
that, or individual who, operates a veterinary clinic providing 
veterinary services, in a rural area, as defined in section 343(a) of 
the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)), and 
in a veterinarian shortage situation designated under the VMLRP. 
Eligible veterinarian shortage situation years will be specified in the 
request for application (RFA).
    (2) [Reserved].


Sec.  3430.1204   Project types and priorities.

    (a) Education, Extension, and Training. The purpose of the proposed 
activities must be to substantially relieve rural veterinarian shortage 
situations, or facilitate or support veterinary practices engaged in 
public health activities, in the U.S.
    (b) Rural practice enhancement. The purpose will be to support the 
development and provision of veterinary services to substantially 
relieve designated rural veterinarian shortage situations in the U.S. 
Funds may be used to establish or expand veterinary practices, 
including:
    (1) Equipping veterinary offices;
    (2) Sharing in the reasonable overhead costs of such veterinary 
practices, as determined by the Secretary; or
    (3) Establishing mobile veterinary facilities in which a portion of 
the facilities will address education or extension needs.


Sec.  3430.1205   Funding restrictions.

    (a) Construction. Funds made available for grants under this 
subpart shall not be used for the construction of a new building or 
facility or the acquisition, expansion, remodeling, or alteration of an 
existing building or facility, including site grading and improvement, 
and architect fees.
    (b) Indirect costs. Subject to Sec.  3430.54, indirect costs are 
allowable for Education, Extension and Training grants. For Rural 
Practice Enhancement grants, indirect costs are not allowable; however, 
overhead costs may be requested, not to exceed 50 percent of the award.


Sec.  3430.1206   Matching requirements.

    There are no matching requirements for grants under this subpart.


Sec.  3430.1207  Coordination preference.

    In selecting recipients of Education, Extension and Training 
grants, preference will be given to applications providing 
documentation of coordination with other qualified entities.


Sec.  3430.1208  Special requirements for Rural Practice Enhancement 
grants.

    (a) Terms of service requirement. Regardless of award amount, Rural 
Practice Enhancement (RPE) grant recipients must commit to spending 
three years mitigating the veterinarian service shortage applied for, 
at the full time equivalent percentage described in the shortage 
nomination forms corresponding to each designated shortage situation. 
Except in certain extenuating circumstances which NIFA determines to be 
beyond a grant recipient's control, the three-year term of service must 
be completed in accordance with all terms and conditions of the award 
agreement. In the event a recipient feels extenuating circumstances are 
preventing, or will prevent, him/her from meeting the service 
obligation, the grantee must contact NIFA for guidance.
    (b) Breach. If a RPE grant recipient fails to complete the period 
of obligated service incurred under the service agreement, that 
recipient may be subject to repayment or partial repayment of the grant 
funds, with interest, to the United States.
    (c) Waiver. The Secretary may grant a waiver of the repayment 
obligation for breach of contract if the Secretary determines that such 
qualified entity demonstrates extreme hardship or extreme need.


Sec.  3430.1209   Duration of awards.

    The term of a grant under this subpart may not exceed 5 years. The 
duration of individual awards may vary as specified in the RFA and is 
subject to the availability of appropriations.

    Done at Washington, DC, this 15th day of March, 2017.
Sonny Ramaswamy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2017-05931 Filed 3-24-17; 8:45 am]
 BILLING CODE 3410-22-P