[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59058-59060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23883]
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DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
RIN 0524-AA60
Competitive and Noncompetitive Non-Formula Federal Assistance
Programs--Specific Administrative Provisions for the New Era Rural
Technology Competitive 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 set of specific administrative requirements for the New
Era Rural Technology Competitive Grants Program (RTP) to supplement the
Competitive and Noncompetitive Non-formula Federal Assistance
Programs--General Award Administrative Provisions for this program.
DATES: This rule is effective on September 27, 2010.
FOR FURTHER INFORMATION CONTACT: Greg Smith, National Program Leader,
Higher Education Programs, Science and Education Resources Development;
Voice: 202-720-2067; E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Summary
On September 4, 2009, NIFA published an interim rule (74 FR 45972,
September 4, 2009) to implement the Competitive and Noncompetitive
Formula Federal Assistance Program--Specific Administrative Provisions
for the New Era Rural Technology Competitive Grants Program. In the
interim rule, NIFA invited comments which were due to the agency by
January 4, 2010. We did not receive any comments. The only change to
the rule is to clarify the definition on the type of organization that
is eligible to apply under ``Advanced Technological Center'' (see Sec.
3430.902 Definitions). Most ``Advanced Technological Centers'' are
postsecondary, degree-granting academic institutions. They are another
name for community or junior colleges with a specific academic focus in
paraprofessional or trade areas such as electronic, mechanical, civil,
and engineering technology. Also, these Advanced Technological Centers
confer an associate degree or certificate of completion following
successful completion of an academic curriculum sanctioned by an
independent accreditation governing body.
Some prospective applicants, who are not affiliated with a
postsecondary, degree-granting academic institution, but are, instead,
private businesses, do not offer an academic degree and are not
sanctioned by an independent accreditation governing body. Accordingly,
NIFA is not able to determine whether the commercial, for-profit
interests of these private businesses are aligned with the following
two New Era rural Technology program goals:
1. To increase the number of students encouraged to pursue and
complete a two (2) year postsecondary degree, or a certificate of
completion, within an occupational focus of this grant program; and
2. To assist rural communities by helping students achieve their
career goals to develop a viable workforce for bioenergy, pulp and
paper manufacturing, or agriculture-based renewable energy.
By including the terms postsecondary, degree-granting academic
institution to the eligible applicant definition, applicants are more
inclined to follow the original intent of Congress in providing
academic coursework and training in technology development and applied
research to help ensure workforce opportunities critical to rural
communities.
Authority
Section 1405 of the National Agricultural Research, Extension, and
Teaching Policy Act (NARETPA) of 1997, as amended (7 U.S.C. 3121)
designates the U.S. Department of Agriculture (USDA) as the lead
Federal agency for agriculture research, extension and teaching in the
food and agricultural sciences. Section 1473E of NARETPA (7 U.S.C.
3319e), as amended, requires the establishment of a program to be known
as the New Era Rural Technology Competitive Grants Program (RTP), which
NIFA administers.
In carrying out the program, the Secretary is authorized to make
competitive grants to support the fields of (i) bioenergy, (ii) pulp
and paper manufacturing, and (iii) agriculture-based renewable energy
resources, in order to help ensure workforce opportunities critical to
rural communities. RTP will make grants available to community
college(s) and/or advanced technology center(s), located in rural
areas, for technology development, applied research, and/or training.
[[Page 59059]]
For fiscal year (FY) 2010, $850,000 has been made available for the
RTP, including administrative costs.
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. As noted above, NIFA has
been delegated the authority to administer this program and will be
issuing Federal assistance awards for funding made available for this
program; and thus, awards made under this authority will be subject to
the Agency's assistance regulations at 7 CFR part 3430, Competitive and
Noncompetitive Non-formula Federal Assistance Programs--General Award
Administrative Provisions. The Agency's development and publication of
these regulations 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 an interim rule on August 1, 2008 [73 FR 44897-44909], and adopted
as a final rule 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) authorized under section 1415A
of the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (NARETPA) with implementing regulations at 7 CFR 3431.
NIFA organized the regulation as follows: Subparts A through E
provide administrative provisions for all competitive and
noncompetitive non-formula Federal assistance awards. 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 (including indirect costs), 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 M for
the administrative provisions that are specific to the RTP.
II. Administrative Requirements for the Proposed Rulemaking Executive
Order 12866
This action has been determined to be not significant for purposes
of Executive Order 12866, and therefore, has not been reviewed by the
Office of Management and Budget (OMB). This final 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. Furthermore, it does not raise a novel legal or policy
issue arising out of legal mandates, the President's priorities or
principles set forth in the Executive Order.
Regulatory Flexibility Act of 1980
This final rule has been reviewed in accordance with The Regulatory
Flexibility Act of 1980, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996, 5 U.S.C. 601-612. The Department
concluded that the 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 (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; however, the
burden estimates will increase for existing approved information
collections associated with this rule due to additional applicants.
These estimates will be provided to OMB. In addition to the SF-424 form
families (i.e., Research and Related and Mandatory), and SF-425,
Federal Financial Report; NIFA has three currently approved OMB
information collections associated with this rulemaking: OMB
Information Collection No. 0524-0042, NIFA Current Research Information
System (CRIS); No. 0524-0041, NIFA Application Review Process; and No.
0524-0026, Organizational Information.
Catalog of Federal Domestic Assistance
This final regulation applies to the Federal assistance program
administered by NIFA under the Catalog of Federal Domestic Assistance
(CFDA) No. 10.314, New Era Rural Technology Competitive Grants Program.
Unfunded Mandates Reform Act of 1995 and Executive Order 13132
The Department has reviewed this final rule in accordance with the
requirements of Executive Order No. 13132 and the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1501 et seq., and has found no potential
or substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
As there is no Federal mandate contained herein that could result in
increased expenditures by State, local, or Tribal governments, or by
the private sector, the Department has not prepared a budgetary impact
statement.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
The Department has reviewed this final rule in accordance with
Executive Order 13175, and has determined that it does not have
``Tribal implications.'' The final rule does not ``have substantial
direct effects on one or more Indian Tribes, on the relationship
between the Federal Government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian Tribes.''
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.
0
Accordingly, the interim rule amending 7 CFR part 3430 which was
published at 74 FR 45972 on September
[[Page 59060]]
4, 2009, is adopted as a final rule with the following change:
PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVSIONS
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. In Sec. 3430.902, revise the definition of ``Advanced Technological
Center'' to read as follows:
Sec. 3430.902 Definitions.
* * * * *
Advanced Technological Center refers to a post-secondary, degree-
granting institution that provides students with technology-based
education and training, preparing them to work as technicians or at the
semi-professional level, and aiding in the development of an
agriculture-based renewable energy workforce. For this program, such
Centers must be located within a rural area.
* * * * *
Done in Washington, DC, September 17, 2010.
Roger N. Beachy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2010-23883 Filed 9-24-10; 8:45 am]
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