[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Rules and Regulations]
[Pages 70578-70582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29103]
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DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
[0524-AA64]
Competitive and Noncompetitive Nonformula Federal Assistance
Programs--Administrative Provisions for the Sun Grant Program
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: The National Institute of Food and Agriculture (NIFA),
formerly the Cooperative State Research, Education, and Extension
Service (CSREES), is publishing a set of specific administrative
requirements as subpart O to 7 CFR part 3430 for the Sun Grant Program
to supplement the Competitive and Noncompetitive Non-formula Federal
Assistance Programs--General Award Administrative Provisions for this
program. The Sun Grant Program is authorized under section 7526 of the
Food, Conservation, and Energy Act of 2008 (FCEA).
DATES: This interim rule is effective on November 18, 2010. The Agency
must receive comments on or before March 18, 2011.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 0524-AA64, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: [email protected]. Include RIN 0524-AA64 in the subject
line of the message.
Fax: 202-401-7752.
Mail: Paper, disk or CD-ROM submissions should be submitted to
National Institute of Food and Agriculture; U.S. Department of
Agriculture; STOP 2299; 1400 Independence Avenue, SW.; Washington, DC
20250-2299.
Hand Delivery/Courier: National Institute of Food and Agriculture;
U.S. Department of Agriculture; Room 2255, Waterfront Centre; 800 9th
Street, SW.; Washington, DC 20024.
Instructions: All comments submitted must include the agency name
and the RIN for this rulemaking. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Carmela Bailey, National Program
Leader, Plant and Animal Systems, National Institute of Food and
Agriculture, U.S. Department of Agriculture, STOP 3356, 1400
Independence Avenue, Washington, DC 20250-3356; Voice: 202-401-6443;
Fax: 202-401-4888; E-mail: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
Section 7526 of the Food, Conservation, and Energy Act of 2008
(FCEA), Public Law 110-246 (7 U.S.C. 8114), provides authority to the
Secretary of Agriculture (Secretary) to establish and carry out the Sun
Grant Program under which grants are provided to Sun Grant Centers
(hereafter, the Center(s)) and a Subcenter (as designated in section
7526(b)(1)(A)-(F) of the FCEA) for the purpose of subawarding 75
percent of USDA-awarded funds through a regional competitive grants
program administered by the Centers and Subcenter to fund multi-
institutional
[[Page 70579]]
and multistate research, extension, and education programs on
technology development and integrated research, extension, and
education programs on technology implementation, in accordance with the
purpose and priorities as described in section 7526. The Centers and
Subcenter will utilize the remaining balance of USDA-awarded funds
(after using up to 4 percent of the USDA-awarded funds for the
administrative expenses of carrying out the regional competitive grants
program) to conduct such programs at the respective Center or the
Subcenter. Additionally, section 7526(d) of the FCEA requires the
Centers and Subcenter to jointly develop and submit to the Secretary
for approval a plan for addressing the bioenergy, biomass, and
gasification research priorities of USDA and the Department of Energy
at the State and regional levels. With respect to gasification research
activities, the Centers and Subcenter are required to coordinate
planning with land-grant colleges and universities in their respective
regions that have ongoing research activities in that area. The Centers
and Subcenter must use the approved plan in making grants and must give
priority to programs that are consistent with the plan.
Section 7526(e) of the FCEA also requires the Centers and Subcenter
to maintain, at the North-Central Center, a Sun Grant Information
Analysis Center to provide the Centers and Subcenter with analysis and
data management support.
The USDA authority to carry out this program has been delegated to
NIFA through the Under Secretary for Research, Education, and
Economics.
Purpose
The objectives of the Sun Grant Program are to enhance national
energy security through the development, distribution, and
implementation of biobased energy technologies; to promote
diversification in, and the environmental sustainability of,
agricultural production in the United States through biobased energy
and product technologies; to promote economic diversification in rural
areas of the United States through biobased energy and product
technologies; and to enhance the efficiency of bioenergy and biomass
research and development programs through improved coordination and
collaboration among USDA, the Department of Energy, and land-grant
colleges and universities.
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 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) authorized under section 1415A of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (NARETPA), 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 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 O for the
administrative provisions that are specific to the Federal assistance
awards made under the Sun Grant Program authority.
Timeline for Implementing Regulations
NIFA is publishing this rule as an interim rule with a 120-day
comment period and anticipates publishing a final rule by June 20,
2011. However, in the interim, these regulations apply to the Federal
assistance awards made under the Sun Grant Program authority.
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. This interim 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 interim 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 interim 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 interim
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
[[Page 70580]]
and Related and Mandatory), and the 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, Assurance of
Compliance with the Department of Agriculture Regulations Assuring
Civil Rights Compliance and Organizational Information.
Catalog of Federal Domestic Assistance
This interim regulation applies to the Federal assistance program
administered by NIFA under the Catalog of Federal Domestic Assistance
(CFDA) No. 10.320, Sun Grant Program.
Unfunded Mandates Reform Act of 1995 and Executive Order 13132
The Department has reviewed this interim 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 interim rule in accordance with
Executive Order 13175, and has determined that it does not have
``tribal implications.'' The interim 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 interim rule easier to
understand.
List of Subjects in 7 CFR Part 3430
Administrative practice and procedure, Agricultural research,
Education, Extension, Federal assistance.
0
Accordingly, Chapter XXXIV of Title 7 of the Code of Federal
Regulations is amended as set forth below:
PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVISIONS
0
1. The authority 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 N--[Added and Reserved]
0
2. Add and reserve subpart N.
0
3. Add a new subpart O, to read as follows:
Subpart O--Sun Grant Program
Sec.
3430.1000 Applicability of regulations.
3430.1001 Purpose.
3430.1002 Definitions.
3430.1003 Eligibility.
3430.1004 Project types and priorities.
3430.1005 Funding restrictions.
3430.1006 Matching requirements.
3430.1007 Planning activities.
3430.1008 Sun Grant Information Analysis Center.
3430.1009 Administrative duties.
3430.1010 Review criteria.
3430.1011 Duration of awards.
Subpart O--Sun Grant Program
Sec. 3430.1000 Applicability of regulations.
The regulations in this subpart apply to the Federal assistance
awards made under the program authorized under section 7526 of the
Food, Conservation, and Energy Act of 2008 (FCEA), Pub. L. 110-246 (7
U.S.C. 8114).
Sec. 3430.1001 Purpose.
In carrying out the program, NIFA is authorized to make awards
under section 7526 of the FCEA to eligible entities (as designated in
section 7526(b)(1)(A)-(F) of the FCEA) to fund subgrants and activities
that:
(a) Enhance national energy security through the development,
distribution, and implementation of biobased energy technologies;
(b) Promote diversification in, and the environmental
sustainability of, agricultural production in the United States through
biobased energy and product technologies;
(c) Promote economic diversification in rural areas of the United
States through biobased energy and product technologies; and
(d) Enhance the efficiency of bioenergy and biomass research and
development programs through improved coordination and collaboration
among the Department, the Department of Energy, and land-grant colleges
and universities.
Sec. 3430.1002 Definitions.
The definitions specific to the Sun Grant Program are from the
authorizing legislation, the National Program Leadership of NIFA, and
the Department of Energy. The definitions applicable to the program
under this subpart include:
Biobased product means:
(1) An industrial product (including chemicals, materials, and
polymers) produced from biomass; or
(2) A commercial or industrial product (including animal feed and
electric power) derived in connection with the conversion of biomass to
fuel.
Bioenergy means power generated in the form of electricity or heat
using biomass as a feedstock.
Center means a Sun Grant Center identified in Sec. 3430.1003(a)(1)
through (5).
Gasification means a process that converts carbonaceous materials,
such as biomass, into carbon monoxide and hydrogen by reacting the raw
material, high temperatures with a controlled amount of oxygen and/or
steam.
Subcenter means the Sun Grant Subcenter identified in Sec.
3430.1003(a)(6).
Technology development means the process of research and
development of technology.
Technology implementation means the introduction of new
technologies to either an existing organization, or to a larger
community, such as a type of business.
Sec. 3430.1003 Eligibility.
(a) Sun Grant Centers and Subcenter. NIFA will use amounts
appropriated for the Sun Grant Program to provide grants to the
following five Centers and one Subcenter:
(1) A North-Central Center at South Dakota State University for the
region composed of the States of Illinois, Indiana, Iowa, Minnesota,
Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming;
(2) A Southeastern Center at the University of Tennessee at
Knoxville for the region composed of the States of Alabama, Florida,
Georgia, Kentucky, Mississippi, North Carolina, South Carolina,
Tennessee, and Virginia, the Commonwealth of Puerto Rico, and the
United States Virgin Islands;
(3) A South-Central Center at Oklahoma State University for the
region composed of the States of Arkansas, Colorado, Kansas, Louisiana,
[[Page 70581]]
Missouri, New Mexico, Oklahoma, and Texas;
(4) A Northeastern Center at Cornell University for the region
composed of the States of Connecticut, Delaware, Massachusetts,
Maryland, Maine, Michigan, New Hampshire, New Jersey, New York, Ohio,
Pennsylvania, Rhode Island, Vermont, and West Virginia;
(5) A Western Center at Oregon State University for the region
composed of the States of Alaska, Arizona, California, Hawaii, Idaho,
Nevada, Oregon, Utah, and Washington, and insular areas (other than the
Commonwealth of Puerto Rico and the United States Virgin Islands); and
(6) A Western Insular Pacific Subcenter at the University of Hawaii
(that receives Federal funds through the Western Center rather than
directly from NIFA, in accordance with Sec. 3430.1004(b)) for the
region of Alaska, Hawaii, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau.
(b) Subawardees of the Centers and Subcenter. To be eligible for a
subaward from a Center or Subcenter pursuant to Sec. 3430.1004(a)(1),
an applicant:
(1) Must be located in the region covered by the applicable Center
or Subcenter; and
(2) Must be one of the following:
(i) State agricultural experiment station;
(ii) College or university;
(iii) University research foundation;
(iv) Other research institution or organization;
(v) Federal agency;
(vi) National laboratory;
(vii) Private organization or corporation;
(viii) Individual; or
(ix) Any group consisting of 2 or more entities described in
paragraphs (b)(2)(i) through (viii) of this section.
(c) Ineligibility. A Center or Subcenter will be ineligible for
funding under the Sun Grant Program if NIFA determines on the basis of
an audit or a review of a report submitted under Sec. 3430.1009 that
the Center or Subcenter has not complied with the requirements of
section 7526 of the FCEA (7 U.S.C. 8114). A Center or Subcenter
determined to be ineligible pursuant to this paragraph will remain
ineligible for such period of time as deemed appropriate by NIFA. This
ineligibility requirement is in addition to the enforcement actions
that NIFA may take pursuant to Sec. 3430.60.
Sec. 3430.1004 Project types and priorities.
(a) Project types. The Sun Grant Program provides funds for two
distinct project types. Subject to paragraph (b), of the funds provided
by NIFA to the Centers and Subcenter, the required use of funds by each
of the Centers and the Subcenter is as follows:
(1) Regional competitive research, extension, and education grant
programs. Seventy-five percent must be used for regional competitively
awarded research, extension, and education subgrants to eligible
entities (described in Sec. 3430.1003(b)) to conduct, in a manner
consistent with the purposes described in Sec. 3430.1001, multi-
institutional and multistate research, extension, and education
programs on technology development and multi-institutional and
multistate integrated research, extension, and education programs on
technology implementation. Regional competitive grants programs will
target specific elements of the purposes described in Sec. 3430.1001,
implementing national priorities in the context of regional scale
biogeographic and climatic conditions.
(i) Requests for applications. The Centers and Subcenter must
develop regional requests for applications (RFAs) utilizing guidance
from regional advisory panels created and administered by the Centers
and Subcenter for purposes of addressing region-specific issues, and
which include representation from academia, the national laboratories,
Federal and State agencies, the private sector, and public interest
groups. Advisory panel members will have appropriate expertise and
experience in the areas of biomass and bioenergy.
(ii) Peer review of proposals. Each region will announce RFAs and
solicit proposals. These proposals must be peer reviewed by panels in a
manner similar to the system of peer review required by section 103 of
the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7613), and may include representation from Federal and State
laboratories, the national laboratories, and private and public
interest groups, as appropriate. The Centers and Subcenter may use
implementing regulations found in Sec. Sec. 3430.31 through 3430.37 as
a guideline for appropriate peer review standards. Additional guidance
may be provided by NIFA. To ensure consistency across the regions,
prior to announcing the regional RFAs that will be used to solicit
proposals, the Centers and Subcenter must provide NIFA the RFAs for
approval by the designated NIFA program contact, as identified in the
NIFA program solicitation. The Centers and Subcenter shall award
subgrants on the basis of merit, quality, and relevance to advancing
the purposes of the Sun Grant Program.
(2) Research, extension, and education activities conducted at the
Centers and Subcenter. Except for funds available for administrative
expenses as provided in Sec. 3430.1005(b), the remainder of the funds
must be used for multi-institutional and multistate research,
extension, and education programs on technology development and multi-
institutional and multistate integrated research, extension, and
education programs on technology implementation, in a manner consistent
with the purposes described in Sec. 3430.1001.
(b) Special provisions for the Western Center and Western Insular
Pacific Subcenter. Funds provided by NIFA to the Western Insular
Pacific Subcenter shall come from an allocation of a portion of the
funds received by the Western Center, as directed by NIFA in the
program solicitation, rather than directly from NIFA. For the Center,
the phrase ``funds provided by NIFA'' in paragraph (a) of this section
refers to those funds provided by NIFA for the Sun Grant Program that
are not allocated to the Subcenter. For the Subcenter, the phrase
``funds provided by NIFA'' in paragraph (a) of this section refers to
those funds that are allocated to the Subcenter.
(c) Priorities. For the regional competitive grants program under
paragraph (a)(1) of this section, the Centers and Subcenter shall use
the plan approved by NIFA under Sec. 3430.1007 in making subawards and
shall give a higher priority to proposals that are consistent with the
plan.
Sec. 3430.1005 Funding restrictions.
(a) Facility costs. Funds made available under the Sun Grant
Program 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 cost provisions for regional competitive research,
extension, and education grant programs. Funds provided by NIFA to the
Centers and Subcenter for the regional competitive grants program under
Sec. 3430.1004(a)(1) may not be used for the indirect costs of
awarding the competitive grants. However, up to 4 percent of the total
funds provided by NIFA to each of the five Centers and the Subcenter
under Sec. 3430.1004 for the Sun Grant Program may be budgeted for
[[Page 70582]]
administrative costs incurred in awarding the competitive grants.
(c) Indirect cost provisions for research, extension, and education
activities conducted at the Centers and Subcenter. Subject to Sec.
3430.54, indirect costs are allowable for the funds provided by NIFA to
the Centers and the Subcenter for the research, extension, and
education programs under Sec. 3430.1004(a)(2).
(d) Required allocations. Each Center and Subcenter must fund
subgrants in a proportion that is a minimum 30 percent for conducting
multi-institutional and multistate research, extension, and education
programs on technology development; and a minimum 30 percent for
conducting integrated multi-institutional and multistate research,
extension, and education programs on technology implementation. Each
Sun Grant Center must clearly demonstrate a common procedure for
ensuring the required allocations are met, and for maintaining
documentation of these required percentages for audit purposes.
Sec. 3430.1006 Matching requirements.
(a) Matching provisions for the Centers and Subcenter. The Centers
and the Subcenter are not required to match Federal funds.
(b) Matching provisions for subawards. For subawards made by the
Centers or Subcenter through the competitive grants process, not less
than 20 percent of the cost of an activity must be matched with funds,
including in-kind contributions, from a non-Federal source, by the
subawardee.
(1) Exception for fundamental research. This matching requirement
does not apply to fundamental research (as defined in Sec. 3430.2).
(2) Special matching provisions for applied research. With prior
approval by the NIFA authorized departmental officer (ADO), the Center
or Subcenter may reduce or eliminate the matching requirement for
applied research (as defined in Sec. 3430.2) if the Center or
Subcenter determines that the reduction is necessary and appropriate
pursuant to guidance issued by NIFA.
Sec. 3430.1007 Planning activities.
(a) Required plan. The Centers and Subcenter shall jointly develop
and submit to NIFA for approval a plan for addressing the bioenergy,
biomass, and gasification research priorities of the Department and the
Department of Energy at the State and regional levels. To comply with
this requirement, NIFA requires that the proposals from each of the
five Centers be of similar format and subject matter and complementary
to comprise a national program for purposes of serving as the actual
``plan.'' Each proposal will present a plan that includes a description
of what will be done in common and collectively by the Centers and
Subcenter, what each will do as a Center and Subcenter, and how each
Center and Subcenter will implement its regional competitive grants
program. Proposals submitted to the Sun Grant Program must be
sufficiently detailed and of high enough quality and demonstrate
adequate evidence of collaboration to meet this requirement. Funds
available for administrative costs (see Sec. 3430.1005(b)) may be used
to meet this requirement.
(b) Gasification. With respect to gasification research activities,
the Centers and Subcenter shall coordinate planning with land-grant
colleges and universities in their respective regions that have ongoing
research activities in that area.
Sec. 3430.1008 Sun Grant Information Analysis Center.
The Centers and Subcenter shall maintain, at the North-Central
Center, a Sun Grant Information Analysis Center to provide the Centers
and Subcenter with analysis and data management support. Each Center
and Subcenter shall allocate a portion of the funds available for
administrative or indirect costs under Sec. 3430.1005 to maintain the
Sun Grant Information Analysis Center.
Sec. 3430.1009 Administrative duties.
In addition to other reporting requirements agreed to in the terms
and conditions of each award, not later than 90 days after the end of
each Federal fiscal year, each Center and Subcenter shall submit to
NIFA a report that describes the policies, priorities, and operations
of the program carried out by the Center or Subcenter during the fiscal
year, including the results of all peer and merit review procedures
conducted as part of administering the regional competitive research,
extension, and educational grant programs; and a description of
progress made in facilitating the plan described in Sec. 3430.1007.
Sec. 3430.1010 Review criteria.
Panel reviewers conducting merit reviews on proposals submitted by
the Centers will be instructed to ensure that proposals adequately
address the plan developed in accordance with Sec. 3430.1007 for
consideration of the relevance and merit of proposals.
Sec. 3430.1011 Duration of awards.
The term of a Federal assistance award made under the Sun Grant
Program shall not exceed 5 years. No-cost extensions of time beyond the
maximum award terms will not be considered or granted.
Signed at Washington, DC, August 26, 2010.
Roger Beachy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2010-29103 Filed 11-17-10; 8:45 am]
BILLING CODE 3410-22-P