83 FR 21846 - Matching Funds Requirements for Agricultural Research and Extension Capacity Funds at 1890 Land-Grant Institutions, Including Central State University, Tuskegee University, and West Virginia State University, and at 1862 Land-Grant Institutions in Insular Areas
DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture Federal Register Volume 83, Issue 92 (May 11, 2018)
National Institute of Food and Agriculture
Federal Register Volume 83, Issue 92 (May 11, 2018)
| Page Range | 21846-21850 | |
| FR Document | 2018-10015 |
[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)] [Rules and Regulations] [Pages 21846-21850] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10015] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture 7 CFR Part 3419 RIN 0524-AA68 Matching Funds Requirements for Agricultural Research and Extension Capacity Funds at 1890 Land-Grant Institutions, Including Central State University, Tuskegee University, and West Virginia State University, and at 1862 Land-Grant Institutions in Insular Areas AGENCY: National Institute of Food and Agriculture, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends National Institute of Food and Agriculture (NIFA) regulations for the purpose of implementing the statutory amendments applicable to the National Institute of Food and Agriculture's (NIFA) matching requirements for Federal agricultural research and extension capacity (formula) funds for 1890 land-grant institutions (LGUs), including Central State University, Tuskegee University, and West Virginia State University, and 1862 land-grant institutions in insular areas, and to remove the term ``qualifying educational activities.'' These matching requirements were amended by the Farm Security and Rural Investment Act; the Food, Conservation, and Energy Act of 2008; and the Agricultural Act of 2014. DATES: This final rule is effective May 11, 2018. FOR FURTHER INFORMATION CONTACT: Maggie Ewell, Senior Policy Advisor, 202-401-0222. SUPPLEMENTARY INFORMATION: I. Background and Purpose The National Institute of Food and Agriculture (NIFA) amends part 3419 of Title 7, subtitle B, chapter XXXIV of the Code of Federal Regulations which implements the matching requirements provided under section 1449 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (NARETPA) for agricultural research and extension capacity (formula) funds authorized for the 1890 land-grant institutions, including Central State University, Tuskegee University, and West Virginia State University and 1862 land-grant institutions in insular areas. This revision is required due to the statutory amendments of sections 7212 of the Farm Security and Rural Investment Act of 2002 (FSRIA); section 7127 of the Food, Conservation, and Energy Act of 2008; and section 7129 of the Agricultural Act of 2014. Additionally, NIFA makes these changes to the Definitions and Use of Matching Funds sections to provide clarity on allowable uses of matching funds. Response to Comments on the Proposed Rule and Revisions Included in Final Rule On November 13, 2017, NIFA published in the Federal Register a Notice of Proposed Rulemaking entitled ``Matching Funds Requirements for Agricultural Research and Extension Capacity Funds at 1890 Land- Grant Institutions and 1862 Land-Grant Institutions in Insular Areas'' (82 FR 52250) with the same purpose as above. The public had 60 days to comment, with the comment period closing January 12, 2018. NIFA received only one comment in response to the Notice of Proposed Rulemaking and this comment addressed issues that are outside the scope of this rule. The commenter discussed the inhumane treatment of farm animals in general. Because this comment is outside the scope of this rule, no change will be made to the language of the revision based on this comment. Summary of Changes in Final Rule Section 3419.1 Definitions The definition of an eligible institution is updated to include West Virginia State University (formerly West Virginia State College) and Central State University. Section 753 of the Agricultural, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (Pub. L. 107-76) restored 1890 land-grant institution status to West Virginia State College. In 2004, the West Virginia Legislature approved West Virginia State College's transition to University status. Central State University was recognized as an 1890 land-grant institution under section 7129 of the Agricultural Act of 2014. In 2014, NIFA re-branded its formula grant programs as ``capacity grants.'' Therefore, the definition of formula funds is changed to reflect this terminology, capacity funds, and the words ``by formula'' are inserted to clarify that capacity funds are provided by formula to eligible institutions. The term and definition for qualifying educational activities is removed due to the fact that this term has caused confusion regarding what constitutes an allowable qualifying educational [[Page 21847]] activity. NIFA follows the authorized uses of funds in NARETPA, codified at 7 U.S.C. 3221 and 3222, for extension and research programs. Research funds are for conducting agricultural research, printing, disseminating the results of research, administration, planning and direction, purchase and rental of land, and the construction, acquisition, alteration, or repair of buildings necessary for conducting agricultural research. Extension funds are for the expenses of conducting extension programs and activities. 7 U.S.C. 3221(e) expressly prohibits extension funds from being spent on college course teaching or lectures in college. NARETPA also contains definitions that explain the difference between education in conjunction with extension programs and education and teaching. Extension education is defined as ``informal'' while teaching and education is defined as ``formal classroom instruction,'' which is expressly prohibited under 7 U.S.C. 3221(e). Because the authorized uses related to education expenses are clearly outlined in NARETPA and in 7 U.S.C. 3221 and 3222, NIFA does not see the value in including the term ''qualifying educational activity'' as a term in regulation and, further, wants to ensure there is no conflict between its regulatory authorizations and the law. Therefore, NIFA removes the term ``qualifying educational activity'' and will allow only informal educational activities, as authorized by statute. Section 3419.2 Matching Funds Requirements Revisions to this section are required due to statutory amendments of sections 7212 of FSRIA; section 7127 of the Food, Conservation, and Energy Act of 2008; and section 7129 of the Agricultural Act of 2014. The information regarding Fiscal Years 2000, 2001, and 2002 are removed as they are outdated and no longer applicable. NIFA replaces this text with the matching requirements for 1862 land-grant institutions in insular areas for the Smith-Lever 3(b) and (c) program (7 U.S.C. 343(e)(4)(A)) and the Hatch Act program (7 U.S.C. 361c(d)(4)(A)), which state that insular areas will provide matching funds from non-Federal sources in an amount equal to not less than 50 percent of the formula funds distributed by NIFA to each of the 1862 land-grant institutions in insular areas, respectively. NIFA replaces existing text with the matching requirement to the Evans Allen/Section 1445 fund program (7 U.S.C. 3222d) and Extension/Section 1444 fund programs (7 U.S.C. 3221) which state that the State will provide equal matching funds from non- Federal sources. Section 3419.3 Limited Waiver Authority The section entitled, ``Determination of non-Federal sources of funds,'' Sec. 3419.3, is removed, because it reiterated a statutory requirement to submit, in the year 1999, a report on non-Federal funds used as match to be submitted. There is no further statutory requirement or authority to submit reports on the sources of non- Federal funds. Section 3419.4 Limited Waiver Authority is re-designated as Sec. 3419.3 and modified to include the provisions of 7 U.S.C 3222d(d): authorization of a 50% waiver of matching funds authority for 1890 land-grant institutions. Additionally, Sec. 3419.3 includes the authority to waive up to 100% of the required match for 1862 land-grant institutions in insular areas that is present in 7 U.S.C. 343(e)(4)(B). NIFA also adds to this section a description of the criteria a land-grant institution must demonstrate in order to be eligible for a waiver. The three criteria are: Impacts from natural disaster, flood, fire, tornado, hurricane, or drought; State and/or Institution facing a financial crisis; or lack of matching funds after demonstrating a good faith effort to obtain funds. Section 3419.4 Application for Waivers for Both 1890 Land-Grant Institutions and 1862 Land-Grant Institutions in Insular Areas NIFA adds Sec. 3419.4 to outline how 1890 land-grant institutions and 1862 land-grant institutions in insular areas may request a matching waiver. To request a waiver, the president of the institution must submit in writing a request for a waiver of the matching requirements. The request must include the name of the eligible institution, the type of capacity funds, which would include Section 1444 Extension, Section 1445 Research; Smith-Lever; or Hatch Act; the fiscal year of the match; and the basis of the request, i.e., one or more of the criteria identified in 3419.3. Requests for waivers may be submitted with the application for funds or at any time during the period of performance of the award. Additionally, NIFA includes a requirement for current supporting documentation, where current is defined as within the past two years from the date of the letter requesting the waiver. It is critical that NIFA base its decisions for matching waivers on the current state of affairs within the State and institution. Using older data does not provide adequate rationale for NIFA to waive the statutorily required match for capacity programs. Section 3419.5 Certification of Matching Funds The only change in this section is changing the word ``formula'' to ``capacity,'' consistent with the current terminology used by NIFA. Section 3419.6 Use of Matching Funds NIFA includes minor technical changes to this section: Use of the term ``capacity'' in place of ``formula'' and ``must'' in place of ``shall.'' These technical changes have no impact on the requirements from the existing to the proposed regulation. Additionally, NIFA adds clarifying language that matching funds must be used for the same purpose as Federal dollars as well as a specific prohibition on the use of tuition dollars and student fees as match. The intent of the rule is to clarify two requirements. First, the amended rule clarifies that matching funds must be used by an eligible institution for the same purpose as Federal award dollars: Agricultural research and extension activities that have been approved in the plan of work. Second, the amended rule removes the end phrase: ``or for approved qualifying educational activities.'' As discussed in Sec. 3419.1 Definitions, the use of the phrase ``qualifying educational activities'' has caused confusion regarding what constitutes an allowable qualifying educational activity. NIFA supports the position, as required under 2 CFR 200.306, that all matching funds must be necessary and reasonable for accomplishment of project or program objectives. In other words, to be allowable as a match, the costs must be allowable under the Federal award. This principle applies to matching funds 1890 land-grant institutions receive for Research and Extension programs, as well as the funds received by 1862 land-grant institutions in insular areas for Smith-Lever and Hatch programs. NIFA follows the authorized uses of funds in the authorizing statutes for determining what is allowable under the Federal award. For 1862 land-grant institutions in insular areas, this is the authorized uses under 7 U.S.C. 343 for Smith-Lever programs and 7 U.S.C. 361a for Hatch Act programs. For 1890 Extension and Research programs, NIFA follows the authorizations included in NARETPA, codified at 7 U.S.C. 3221 and 3222. Research funds are for conducting agricultural research; printing; disseminating the results of research, [[Page 21848]] administration, planning and direction; purchase and rental of land; and the construction, acquisition, alteration, or repair of buildings necessary for conducting agricultural research. Extension funds are for the expenses of conduction extension programs and activities. 7 U.S.C. 3221(e) expressly prohibits extension funds from being spent on college course teaching or lectures in college. NARETPA also contains definitions that explain the difference between education in conjunction with extension programs versus education and teaching. Extension education is defined as ``informal'' while teaching and education is defined as ``formal classroom instruction,'' which is expressly prohibited under 7 U.S.C. 3221(e). Because the authorized uses related to education expenses are clearly outlined in NARETPA and 7 U.S.C. 3221 and 3222, NIFA does not see value in including the term ``qualifying educational activity'' as a term in regulation and further, wants to ensure there is no conflict between its regulatory authorizations and the law. Therefore, NIFA removes the term ``qualifying educational activity;'' however, the removal is intended to prohibit expenditures related to formal education activities. NIFA will allow only informal education activities, as authorized by statute. Under 7 U.S.C. 3221(a)(3), funds appropriated for extension must be used for the expenses of conducting extension programs and activities, and for contributing to the retirement of employees subject to the provisions of 7 U.S.C. 331. 7 U.S.C. 3222(e) expressly prohibits extension funds from being spent on college course teaching and lectures in college. Section 1404(7) of NARETPA defines the term extension to mean informal education programs conducted in the States in cooperation with the Department of Education. Therefore, NIFA has determined that the current authorizations allow for informal education programs to be conducted with extension funding, but not for formal classroom instruction. 7 U.S.C. 3222(a)(3) states that: ``research funding must be used for the expenses of conducting agricultural research, printing, disseminating the results of such research, contributing to the retirement of employees subject to the provisions of 7 U.S.C. 331 of this title, administrative planning and direction, and purchase and rental of land and the construction, acquisition, alteration, or repair of buildings necessary for conducting agricultural research.'' Because the authorizing statutes so clearly identify authorized uses and prohibitions, NIFA believes that no further explanation or inclusion of qualifying educational activities is needed in this regulation. Finally, Section 1473 of NARETPA, 7 U.S.C. 3319, prohibits grantee institutions from using capacity funds for tuition remission. Therefore, NIFA revises this section to clarify that this prohibition also applies to student fees, as they are related to tuition. Further 7 U.S.C. 3221 and 3222 do not include tuition or student fees as authorized uses of funds. As provided in 7 U.S.C. 3221(e) and 3222(d), no portion of the funds provided to an 1890 institution for extension and research shall be applied, directly or indirectly, to any purpose other than those specified in the authorizing statutes. Therefore, NIFA clarifies that tuition dollars and student fees are not to be used as matching funds. Section 3419.7 Reporting of Matching Funds This revision adds a section on reporting of matching funds to clarify an existing requirement that 1890 land-grant institutions and 1862 land-grant institutions in insular areas report all capacity funds expended on an annual basis using Standard Form (SF) 425, in accordance with 7 CFR part 3430. This ensures that the information on matching funds is reported to NIFA. Section 3419.8 Redistribution of Funds This revision removes the first sentence of the existing provision as the timing of reapportionment may vary. Removing this sentence does not change the statutory requirements for reapportionment. The only significance of the deletion is to remove the July 1 date for action. Additionally, one other technical correction changes ``shall'' to ``must,'' consistent with the plain English provisions relating to 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 the costs and benefits of simplifying and harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. Executive Order 13771 This final rule is not expected to be an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. Regulatory Flexibility Act 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 the NIFA certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This 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. Catalogue of Federal Domestic Assistance The programs affected by this final rule are listed in the Catalogue of Federal Domestic Assistance under 10.500, Cooperative Extension Service; 10.511, Smith-Lever Funding; 10.512, Agriculture Extension at 1890 Land-grant Institutions, and 10.205, Payments to 1890 Land-Grant Colleges and Tuskegee University Evans-Allen Research and/or Agricultural Research at 1890 Land-grant institutions, including Tuskegee University, West Virginia State University, and Central State University; and 10.203, Payments to Agricultural Experiment Stations Under the Hatch Act (The Hatch Act of 1887). Paperwork Reduction Act The Department certifies that this final rule has been assessed in accordance with the requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. The Department concludes that this rule does not impose any new information collection requirements or change the burden estimate on existing information collection requirements. In addition to the SF-424 form families (i.e., Research [[Page 21849]] 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. 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 rule easier to understand. List of Subjects in 7 CFR Part 3419 1890 land-grant institutions, Agricultural extension, Agricultural research, Grant programs-agriculture, Insular areas, Land-grant institutions, Matching funds. For the reasons discussed in the preamble, the Department of Agriculture, National Institute of Food and Agriculture, amends 7 CFR part 3419 as follows: PART 3419--MATCHING FUNDS REQUIREMENT FOR AGRICULTURAL RESEARCH AND EXTENSION CAPACITY FUNDS AT 1890 LAND-GRANT INSTITUTIONS, INCLUDING CENTRAL STATE UNIVERSITY, TUSKEGEE UNIVERSITY, AND WEST VIRGINIA STATE UNIVERSITY AND AT 1862 LAND-GRANT INSTITUTIONS IN INSULAR AREAS 0 1. The authority citation for part 3419 is revised to read as follows: Authority: 7 U.S.C. 3222d; 7 U.S.C. 343(e); 7 U.S.C. 361c; Pub. L. 107-171; Pub. L. 110-234; Pub. L. 113-79. 0 2. Revise the heading of part 3419 to read as set forth above. 0 3. Amend Sec. 3419.1 as follows: 0 a. Add a definition for ``Capacity funds'' in alphabetical order; 0 b. Revise the definition of ``Eligible institution''; 0 c. Remove the definition of ``Formula funds''; 0 d. Revise the definition of ``Matching funds''; and 0 e. Remove the definition of ``Qualifying educational activities''. The addition and revision read as follows: Sec. 3419.1 Definitions. * * * * * Capacity funds means agricultural extension and research funds provided by formula to the eligible institutions under sections 1444 and 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (NARETPA), as amended, or under sections 3(b) and (c) of the Smith-Lever Act, 7 U.S.C. 343(b) and (c) or under section 3 of the Hatch Act of 1887, 7 U.S.C. 361c. Eligible institution means a college or university eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.) (commonly known as the Second Morrill Act), including Central State University, Tuskegee University, and West Virginia State University (1890 land-grant institutions), and a college or university designated under the Act of July 2, 1862 (7 U.S.C. 301, et seq.) (commonly known as the First Morrill Act) and located in the Commonwealth of Puerto Rico and the insular areas of American Samoa, Guam, Micronesia, Northern Marianas, and the U.S. Virgin Islands (1862 land-grant institutions in insular areas). Matching funds means funds from non-Federal sources, including those made available by the State to the eligible institutions, for programs or activities that fall within the purposes of agricultural research and cooperative extension under: sections 1444 and 1445 of NARETPA; the Hatch Act of 1887; and the Smith-Lever Act. * * * * * 0 4. Amend Sec. 3419.2 as follows: 0 a. Revise the section heading; 0 b. Remove the introductory text; and 0 c. Revise paragraphs (a) and (b). The revisions read as follows: Sec. 3419.2 Matching funds requirement. (a) 1890 land-grant institutions. The distribution of capacity funds are subject to a matching requirement. Matching funds will equal not less than 100% of the capacity funds to be distributed to the institution. (b) 1862 land-grant institutions in insular areas. The distribution of capacity funds are subject to a matching requirement. Matching funds will equal not less than 50% of the capacity funds to be distributed to the institution. * * * * * Sec. 3419.3 [Removed] 0 5. Remove Sec. 3419.3. 0 6. Redesignate Sec. 3419.4 as Sec. 3419.3 and revise newly designated Sec. 3419.3 to read as follows: Sec. 3419.3 Limited waiver authority. (a) 1890 land-grant institutions: The Secretary may waive the matching funds requirement in Sec. 3419.2 above the 50% level for any fiscal year for an eligible institution of a State if the Secretary determines that the State will be unlikely to satisfy the matching requirement. (b) 1862 land-grant institutions in insular areas: The Secretary may waive up to 100% of the matching funds requirements in Sec. 3419.2 for any fiscal year for an eligible institution in an insular area. (c) The criteria to waive the applicable matching requirement for 1890 land-grant institutions and 1862 land-grant institutions in insular areas is demonstration of one or more of the following: (1) Impacts from natural disaster, flood, fire, tornado, hurricane, or drought; (2) State and/or institution facing a financial crisis; or (3) Lack of matching funds after demonstration of good faith efforts to obtain funds. (d) Approval or disapproval of the request for a waiver will be based on the application submitted, as defined under Sec. 3419.4. 0 7. Add a new Sec. 3419.4 to read as follows: Sec. 3419.4 Applications for waivers for both 1890 land-grant institutions and 1862 land-grant institutions in insular areas. Application for waivers for both 1890 land-grant institutions and 1862 land-grant institutions in insular areas. The president of the eligible institution must submit any request for a waiver for matching requirements. A waiver application must include the name of the eligible institution, the type of Federal capacity funds (i.e. research, extension, Hatch, etc.), appropriate fiscal year, the basis for the request (e.g. one or more of the criteria identified in Sec. 3419.3); current supporting documentation, where current is [[Page 21850]] defined as within the past two years from the date of the letter requesting the waiver; and the amount of the request. Sec. 3419.5 [Amended] 0 8. Amend Sec. 3419.5 by removing the word ``formula'' and adding, in its place, the word ``capacity''. 0 9. Revise Sec. 3419.6 to read as follows: Sec. 3419.6 Use of matching funds. The required matching funds for the capacity programs must be used by an eligible institution for the same purpose as Federal award dollars: Agricultural research and extension activities that have been approved in the plan of work required under sections 1445(c) and 1444(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, section 7 of the Hatch Act of 1887, and section 4 of the Smith-Lever Act. For all programs, tuition dollars and student fees may not be used as matching funds. 0 10. Redesignate Sec. 3419.7 as Sec. 3419.8 and revise newly redesignated Sec. 3419.8 to read as follows: Sec. 3419.8 Redistribution of funds. Unmatched research and extension funds will be reapportioned in accordance with the research and extension statutory distribution formulas applicable to the 1890 and 1862 land-grant institutions in insular areas, respectively. Any redistribution of funds must be subject to the same matching requirement under Sec. 3419.2. 0 11. Add a new Sec. 3419.7 to read as follows: Sec. 3419.7 Reporting of matching funds. Institutions will report all capacity matching funds expended annually using Standard Form (SF) 425, in accordance with 7 CFR 3430.56(a). Done at Washington, DC, this 7th day of May 2018. Meryl Broussard, Associate Director for Programs, National Institute of Food and Agriculture. [FR Doc. 2018-10015 Filed 5-10-18; 8:45 am] BILLING CODE 3410-22-P
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chapter, adjusted by § 1006.51(b), at the DEPARTMENT OF AGRICULTURE Farm Security and Rural Investment Act
location of the plant where the milk of 2002 (FSRIA); section 7127 of the
would have normally been received and National Institute of Food and Food, Conservation, and Energy Act of
the value specified in § 1000.52, as Agriculture 2008; and section 7129 of the
adjusted by § 1005.51(b) and Agricultural Act of 2014. Additionally,
§ 1007.51(b) of this chapter, at the 7 CFR Part 3419 NIFA makes these changes to the
location of the plant to which the milk RIN 0524–AA68 Definitions and Use of Matching Funds
was rerouted; sections to provide clarity on allowable
(3) The value per hundredweight at Matching Funds Requirements for uses of matching funds.
the lowest classified price for the month Agricultural Research and Extension Response to Comments on the Proposed
of September 2017 for milk dumped at Capacity Funds at 1890 Land-Grant Rule and Revisions Included in Final
the farm and classified as other use milk Institutions, Including Central State Rule
pursuant to § 1000.40(e) of this chapter University, Tuskegee University, and
as a result of Hurricane Irma; West Virginia State University, and at On November 13, 2017, NIFA
1862 Land-Grant Institutions in Insular published in the Federal Register a
(4) The value per hundredweight at Notice of Proposed Rulemaking entitled
the lowest classified price for the month Areas
‘‘Matching Funds Requirements for
of September 2017 for milk dumped AGENCY: National Institute of Food and Agricultural Research and Extension
from milk tankers after being moved off- Agriculture, USDA. Capacity Funds at 1890 Land-Grant
farm and classified as other use milk ACTION: Final rule. Institutions and 1862 Land-Grant
pursuant to § 1000.40(e) of this chapter Institutions in Insular Areas’’ (82 FR
as a result of Hurricane Irma; SUMMARY: This final rule amends 52250) with the same purpose as above.
(5) The value per hundredweight at National Institute of Food and The public had 60 days to comment,
the lowest classified price for the month Agriculture (NIFA) regulations for the with the comment period closing
of September 2017 for skim portion of purpose of implementing the statutory January 12, 2018. NIFA received only
milk dumped and classified as other use amendments applicable to the National one comment in response to the Notice
milk pursuant to § 1000.40(e) of this Institute of Food and Agriculture’s of Proposed Rulemaking and this
chapter as a result of Hurricane Irma; (NIFA) matching requirements for comment addressed issues that are
and Federal agricultural research and outside the scope of this rule. The
(6) The difference between the extension capacity (formula) funds for commenter discussed the inhumane
announced class price applicable to the 1890 land-grant institutions (LGUs), treatment of farm animals in general.
milk as classified by the market including Central State University, Because this comment is outside the
administrator for the month of Tuskegee University, and West Virginia scope of this rule, no change will be
September 2017 and the actual price State University, and 1862 land-grant made to the language of the revision
received for milk delivered to nonpool institutions in insular areas, and to based on this comment.
plants outside the state of Florida as a remove the term ‘‘qualifying educational
activities.’’ These matching Summary of Changes in Final Rule
result of Hurricane Irma.
requirements were amended by the Section 3419.1 Definitions
(h) The total amount of payment to all Farm Security and Rural Investment
handlers under paragraph (g) of this The definition of an eligible
Act; the Food, Conservation, and Energy
section shall be limited for each month institution is updated to include West
Act of 2008; and the Agricultural Act of
to an amount determined by Virginia State University (formerly West
2014.
multiplying the total Class I producer Virginia State College) and Central State
DATES: This final rule is effective May University. Section 753 of the
milk for all handlers pursuant to
§ 1000.44(c) of this chapter times $0.09 11, 2018. Agricultural, Rural Development, Food
per hundredweight. FOR FURTHER INFORMATION CONTACT: and Drug Administration, and Related
Maggie Ewell, Senior Policy Advisor, Agencies Appropriations Act, 2002
(i) If the cost of payments computed
202–401–0222. (Pub. L. 107–76) restored 1890 land-
pursuant to paragraphs (g)(1) through
(g)(6) of this section exceeds the amount SUPPLEMENTARY INFORMATION: grant institution status to West Virginia
computed pursuant to paragraph (h) of State College. In 2004, the West Virginia
I. Background and Purpose Legislature approved West Virginia
this section, the market administrator
shall prorate such payments to each The National Institute of Food and State College’s transition to University
handler based on each handler’s Agriculture (NIFA) amends part 3419 of status. Central State University was
proportion of transportation and other Title 7, subtitle B, chapter XXXIV of the recognized as an 1890 land-grant
use milk costs submitted pursuant to Code of Federal Regulations which institution under section 7129 of the
paragraphs (g)(1) through (g)(6). Costs implements the matching requirements Agricultural Act of 2014.
submitted pursuant to paragraphs (g)(1) provided under section 1449 of the In 2014, NIFA re-branded its formula
through (g)(6) which are not paid as a National Agricultural Research, grant programs as ‘‘capacity grants.’’
result of such a proration shall be paid Extension, and Teaching Policy Act of Therefore, the definition of formula
in subsequent months until all costs 1977 (NARETPA) for agricultural funds is changed to reflect this
incurred and documented through (g)(1) research and extension capacity terminology, capacity funds, and the
through (g)(6) have been paid. (formula) funds authorized for the 1890 words ‘‘by formula’’ are inserted to
sradovich on DSK3GMQ082PROD with RULES
land-grant institutions, including clarify that capacity funds are provided
Dated: May 8, 2018. Central State University, Tuskegee by formula to eligible institutions.
Bruce Summers, University, and West Virginia State The term and definition for qualifying
Acting Administrator, Agricultural Marketing University and 1862 land-grant educational activities is removed due to
Service. institutions in insular areas. This the fact that this term has caused
[FR Doc. 2018–10085 Filed 5–10–18; 8:45 am] revision is required due to the statutory confusion regarding what constitutes an
BILLING CODE 3410–02–P amendments of sections 7212 of the allowable qualifying educational
VerDate Sep<11>2014 22:27 May 10, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\11MYR1.SGM 11MYR1](https://thefederalregister.org/doc/83_FR_21938/page/1.svg)
![Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations 21849
and Related and Mandatory) and the ■ 2. Revise the heading of part 3419 to 100% of the capacity funds to be
SF–425 Federal Financial Report (FFR) read as set forth above. distributed to the institution.
No. 0348–0061, NIFA has three ■ 3. Amend § 3419.1 as follows: (b) 1862 land-grant institutions in
currently approved OMB information ■ a. Add a definition for ‘‘Capacity insular areas. The distribution of
collections associated with this funds’’ in alphabetical order; capacity funds are subject to a matching
rulemaking: OMB Information ■ b. Revise the definition of ‘‘Eligible requirement. Matching funds will equal
Collection No. 0524–0042, NIFA institution’’; not less than 50% of the capacity funds
REEport; No. 0524–0041, NIFA ■ c. Remove the definition of ‘‘Formula to be distributed to the institution.
Application Review Process; and No. funds’’; * * * * *
0524–0026, Organizational Information. ■ d. Revise the definition of ‘‘Matching
§ 3419.3 [Removed]
Unfunded Mandates Reform Act of 1995 funds’’; and
and Executive Order 13132 ■ e. Remove the definition of ■ 5. Remove § 3419.3.
‘‘Qualifying educational activities’’. ■ 6. Redesignate § 3419.4 as § 3419.3
The Department has reviewed this The addition and revision read as and revise newly designated § 3419.3 to
final rule in accordance with the follows: read as follows:
requirements of Executive Order No.
13132 and the Unfunded Mandates § 3419.1 Definitions. § 3419.3 Limited waiver authority.
Reform Act of 1995, 2 U.S.C. 1501 et * * * * * (a) 1890 land-grant institutions: The
seq., and has found no potential or Capacity funds means agricultural Secretary may waive the matching funds
substantial direct effects on the States, extension and research funds provided requirement in § 3419.2 above the 50%
on the relationship between the national by formula to the eligible institutions level for any fiscal year for an eligible
government and the States, or on the under sections 1444 and 1445 of the institution of a State if the Secretary
distribution of power and National Agricultural Research, determines that the State will be
responsibilities among the various Extension, and Teaching Policy Act of unlikely to satisfy the matching
levels of government. As there is no 1977 (NARETPA), as amended, or under requirement.
Federal mandate contained herein that sections 3(b) and (c) of the Smith-Lever (b) 1862 land-grant institutions in
could result in increased expenditures Act, 7 U.S.C. 343(b) and (c) or under insular areas: The Secretary may waive
by State, local, or tribal governments, or section 3 of the Hatch Act of 1887, 7 up to 100% of the matching funds
by the private sector, the Department U.S.C. 361c. requirements in § 3419.2 for any fiscal
has not prepared a budgetary impact Eligible institution means a college or year for an eligible institution in an
statement. university eligible to receive funds insular area.
under the Act of August 30, 1890 (7 (c) The criteria to waive the
Clarity of This Regulation applicable matching requirement for
U.S.C. 321 et seq.) (commonly known as
Executive Order 12866 and the the Second Morrill Act), including 1890 land-grant institutions and 1862
President’s Memorandum of June 1, Central State University, Tuskegee land-grant institutions in insular areas is
1998, require each agency to write all University, and West Virginia State demonstration of one or more of the
rules in plain language. The Department University (1890 land-grant following:
invites comments on how to make this institutions), and a college or university (1) Impacts from natural disaster,
rule easier to understand. designated under the Act of July 2, 1862 flood, fire, tornado, hurricane, or
(7 U.S.C. 301, et seq.) (commonly drought;
List of Subjects in 7 CFR Part 3419 (2) State and/or institution facing a
known as the First Morrill Act) and
1890 land-grant institutions, located in the Commonwealth of Puerto financial crisis; or
Rico and the insular areas of American (3) Lack of matching funds after
Agricultural extension, Agricultural
Samoa, Guam, Micronesia, Northern demonstration of good faith efforts to
research, Grant programs-agriculture,
Marianas, and the U.S. Virgin Islands obtain funds.
Insular areas, Land-grant institutions,
(d) Approval or disapproval of the
Matching funds. (1862 land-grant institutions in insular
request for a waiver will be based on the
For the reasons discussed in the areas).
application submitted, as defined under
preamble, the Department of Matching funds means funds from
§ 3419.4.
Agriculture, National Institute of Food non-Federal sources, including those
made available by the State to the ■ 7. Add a new § 3419.4 to read as
and Agriculture, amends 7 CFR part follows:
3419 as follows: eligible institutions, for programs or
activities that fall within the purposes of § 3419.4 Applications for waivers for both
PART 3419—MATCHING FUNDS agricultural research and cooperative 1890 land-grant institutions and 1862 land-
REQUIREMENT FOR AGRICULTURAL extension under: sections 1444 and grant institutions in insular areas.
RESEARCH AND EXTENSION 1445 of NARETPA; the Hatch Act of Application for waivers for both 1890
CAPACITY FUNDS AT 1890 LAND- 1887; and the Smith-Lever Act. land-grant institutions and 1862 land-
GRANT INSTITUTIONS, INCLUDING * * * * * grant institutions in insular areas. The
CENTRAL STATE UNIVERSITY, ■ 4. Amend § 3419.2 as follows: president of the eligible institution must
TUSKEGEE UNIVERSITY, AND WEST ■ a. Revise the section heading; submit any request for a waiver for
VIRGINIA STATE UNIVERSITY AND AT ■ b. Remove the introductory text; and matching requirements. A waiver
1862 LAND-GRANT INSTITUTIONS IN ■ c. Revise paragraphs (a) and (b). application must include the name of
sradovich on DSK3GMQ082PROD with RULES
INSULAR AREAS The revisions read as follows: the eligible institution, the type of
Federal capacity funds (i.e. research,
■ 1. The authority citation for part 3419 § 3419.2 Matching funds requirement. extension, Hatch, etc.), appropriate
is revised to read as follows: (a) 1890 land-grant institutions. The fiscal year, the basis for the request (e.g.
Authority: 7 U.S.C. 3222d; 7 U.S.C. 343(e); distribution of capacity funds are one or more of the criteria identified in
7 U.S.C. 361c; Pub. L. 107–171; Pub. L. 110– subject to a matching requirement. § 3419.3); current supporting
234; Pub. L. 113–79. Matching funds will equal not less than documentation, where current is
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![21850 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Rules and Regulations
defined as within the past two years ACTION: Notification of availability; based on received comments. The FAA
from the date of the letter requesting the request for comments. will consider all comments received
waiver; and the amount of the request. during the recurring review of the MOC
SUMMARY: This document announces the and consensus standard and will
§ 3419.5 [Amended] availability of 63 Means of Compliance participate in the consensus standard
■ 8. Amend § 3419.5 by removing the (MOC) based on 30 published ASTM revision process.
word ‘‘formula’’ and adding, in its International (ASTM) consensus
place, the word ‘‘capacity’’. standards developed by ASTM Background
■ 9. Revise § 3419.6 to read as follows: Committee F44 on General Aviation Under the provisions of the National
Aircraft. A total of 46 of these accepted Technology Transfer and Advancement
§ 3419.6 Use of matching funds. MOCs consist of ASTM consensus Act of 1995 1 and Office of Management
The required matching funds for the standards as published, with the and Budget (OMB) Circular A–119,
capacity programs must be used by an remaining 17 MOCs comprised of a ‘‘Federal Participation in the
eligible institution for the same purpose combination of ASTM standards and Development and Use of Voluntary
as Federal award dollars: Agricultural FAA changes. The Administrator finds Consensus Standards and in Conformity
research and extension activities that these MOCs to be an acceptable means, Assessment Activities,’’ effective
have been approved in the plan of work but not the only means, of showing January 27, 2016, the FAA participates
required under sections 1445(c) and compliance to the applicable regulations in the development of consensus
1444(d) of the National Agricultural in part 23, amendment 23–64, for standards and uses consensus standards
Research, Extension, and Teaching normal category airplanes. The as a means of carrying out its policy
Policy Act of 1977, section 7 of the Administrator further finds that these objectives where appropriate.
Hatch Act of 1887, and section 4 of the accepted means of complying with part Consistent with the Small Airplane
Smith-Lever Act. For all programs, 23, amendment 23–64, provide at least Revitalization Act of 2013,2 the FAA has
tuition dollars and student fees may not the same level of safety as the been working with industry and other
be used as matching funds. corresponding requirements in part 23, stakeholders through ASTM to develop
■ 10. Redesignate § 3419.7 as § 3419.8 amendment 23–63. consensus standards for use as a MOC
and revise newly redesignated § 3419.8 DATES: Comments must be received on in certificating small airplanes under
to read as follows: or before July 10, 2018. part 23. In promulgating part 23,
ADDRESSES: Mail comments to: Federal amendment 23–64, the FAA explained
§ 3419.8 Redistribution of funds.
Aviation Administration, Policy and that if it determined such consensus
Unmatched research and extension standards were acceptable MOC to part
funds will be reapportioned in Innovation Division, Small Airplane
Standards Branch, AIR–690, Attention: 23, it would publish a notice of
accordance with the research and availability of those consensus
extension statutory distribution Steve Thompson, 901 Locust Street,
Room 301, Kansas City, Missouri 64106. standards in the Federal Register.
formulas applicable to the 1890 and Pursuant to FAA Advisory Circular
1862 land-grant institutions in insular Comments may also be emailed to:
steven.thompson@faa.gov. Specify the 23.2010–1, section 3.1.1, this document
areas, respectively. Any redistribution serves as a formal acceptance by the
of funds must be subject to the same MOC, and if applicable, the standard
being addressed by designation and Administrator, of MOCs based on
matching requirement under § 3419.2. consensus standards developed by
title. Mark all comments: Part 23 MOC
■ 11. Add a new § 3419.7 to read as ASTM. The MOCs accepted by this
Comments.
follows: document are one means, but not the
FOR FURTHER INFORMATION CONTACT:
only means of complying with part 23
§ 3419.7 Reporting of matching funds. Steve Thompson, Federal Aviation
regulatory requirements.
Institutions will report all capacity Administration, Policy and Innovation The FAA has reviewed the consensus
matching funds expended annually Division, Small Airplane Standards standards referenced in this NOA as the
using Standard Form (SF) 425, in Branch, AIR–690, 901 Locust Street, basis for MOCs to the regulatory
accordance with 7 CFR 3430.56(a). Room 301, Kansas City, Missouri 64106; requirements of part 23, amendment 23–
Done at Washington, DC, this 7th day of telephone (816) 329–4126; facsimile: 64. In some cases, the Administrator
May 2018. (816) 329–4090; email: finds sections of ASTM Standard
Meryl Broussard, steven.thompson@faa.gov. F3264–17, ‘‘Standard Specification for
Associate Director for Programs, National SUPPLEMENTARY INFORMATION: Normal Category Aeroplanes
Institute of Food and Agriculture. Comments Invited Certification,’’ without changes, are
[FR Doc. 2018–10015 Filed 5–10–18; 8:45 am] accepted as means of complying with
BILLING CODE 3410–22–P
Interested persons are invited to the airworthiness requirements of part
submit written comments, data, or 23, without degrading safety, and within
views. Communications should identify the scope and applicability of the
the MOC and consensus standard consensus standards. In other cases, the
DEPARTMENT OF TRANSPORTATION
number, where applicable, and be MOCs, while based on ASTM consensus
Federal Aviation Administration submitted to the address previously standards, include additional FAA
specified in the ADDRESSES section of provisions necessary to comply with the
14 CFR Part 23 this NOA. The most helpful comments airworthiness requirements of part 23,
reference a specific portion of the amendment 23–64.
sradovich on DSK3GMQ082PROD with RULES
[Notice No. 23–18–01–NOA] accepted MOC(s) or standard(s), explain Part 23, amendment 23–64,
the reason for any recommended established airworthiness requirements
Accepted Means of Compliance;
change, and include supporting data. based on the level of safety of
Airworthiness Standards: Normal
The FAA may forward communications
Category Airplanes
regarding the consensus standards to 1 Ref Public Law 104–113 as amended by Public
AGENCY:Federal Aviation ASTM Committee F44 for consideration. Law 107–107.
Administration, DOT. The MOC or standard may be revised 2 Ref Public Law 113–53.
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Document Created: 2018-11-02 09:49:43
Document Modified: 2018-11-02 09:49:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective May 11, 2018. | |
| Contact | Maggie Ewell, Senior Policy Advisor, 202-401-0222. | |
| FR Citation | 83 FR 21846 | |
| RIN Number | 0524-AA68 | |
| CFR Associated | 1890 Land-Grant Institutions; Agricultural Extension; Agricultural Research; Grant Programs-Agriculture; Insular Areas; Land-Grant Institutions and Matching Funds |
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