Competitive and Noncompetitive Nonformula Federal Assistance Programs-Administrative Provisions for Biomass Research and Development Initiative; Technical Amendments, 38548-38549 [2011-16256]
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38548
Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Rules and Regulations
when the change became effective under
the Ethics Act.
List of Subjects
Regulatory Flexibility Act
Certificates of divestiture, Conflict of
interests, Financial disclosure,
Government employees, Penalties,
Privacy, Reporting and recordkeeping
requirements, Trusts and trustees.
As Acting Director of the Office of
Government Ethics, I certify under the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) that this rulemaking will not
have a significant economic impact on
a substantial number of small entities
because it primarily affects Federal
employees.
Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) does not apply
because this amendatory rulemaking
itself does not contain information
collection requirements that require the
approval of the Office of Management
and Budget.
Unfunded Mandates Reform Act
For purposes of the Unfunded
Mandates Reform Act of 1995 (2 U.S.C.
chapter 25, subchapter II), this final rule
will not significantly or uniquely affect
small governments and will not result in
increased expenditures by State, local
and Tribal governments, in the
aggregate, or by the private sector, of
$100 million or more (as adjusted for
inflation) in any one year.
Congressional Review Act
The Office of Government Ethics has
determined that this amendatory
rulemaking is a nonmajor rule under the
Congressional Review Act (5 U.S.C.
chapter 8) and will submit a report
thereon to the U.S. Senate, House of
Representatives and Government
Accountability Office in accordance
with that law at the same time this
rulemaking document is sent to the
Office of the Federal Register for
publication in the Federal Register.
Executive Order 12866
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In promulgating these technical
amendments, OGE has adhered to the
regulatory philosophy and the
applicable principles of regulation set
forth in section 1 of Executive Order
12866, Regulatory Planning and Review.
These amendments have not been
reviewed by the Office of Management
and Budget under that Executive order,
since they are not deemed ‘‘significant’’
thereunder.
Executive Order 12988
As Acting Director of the Office of
Government Ethics, I have reviewed this
final amendatory regulation in light of
section 3 of Executive Order 12988,
Civil Justice Reform, and certify that it
meets the applicable standards provided
therein.
VerDate Mar<15>2010
16:02 Jun 30, 2011
Jkt 223001
B. Removing the dollar amount
‘‘$134’’ in paragraph (g)(3) and in the
example to paragraph (g) and adding in
its place in each instance the dollar
amount ‘‘$140’’.
■
5 CFR Part 2634
5 CFR Part 2635
Conflict of interests, Executive branch
standards of ethical conduct,
Government employees.
Approved: June 27, 2011.
Don W. Fox,
Acting Director, Office of Government Ethics.
For the reasons set forth in the
preamble, the Office of Government
Ethics is amending 5 CFR parts 2634
and 2635 as follows:
PART 2635—STANDARDS OF
ETHICAL CONDUCT FOR EMPLOYEES
OF THE EXECUTIVE BRANCH
4. The authority citation for part 2635
continues to read as follows:
■
Authority: 5 U.S.C. 7301, 7351, 7353; 5
U.S.C. App. (Ethics in Government Act of
1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989
Comp., p. 215, as modified by E.O. 12731, 55
FR 42547, 3 CFR, 1990 Comp., p. 306.
Subpart B—Gifts from Outside
Sources
§ 2635.204
[Amended]
■
Authority: 5 U.S.C. App. (Ethics in
Government Act of 1978); 26 U.S.C. 1043;
Pub. L. 101–410, 104 Stat. 890, 28 U.S.C.
2461 note (Federal Civil Penalties Inflation
Adjustment Act of 1990), as amended by Sec.
31001, Pub. L. 104–134, 110 Stat. 1321 (Debt
Collection Improvement Act of 1996); E.O.
12674, 54 FR 15159, 3 CFR, 1989 Comp., p.
215, as modified by E.O. 12731, 55 FR 42547,
3 CFR, 1990 Comp., p. 306.
5. Section 2635.204 is amended by:
A. Removing the dollar amount
‘‘$335’’ in paragraph (g)(2) and in
examples 1 and 2 (in the latter of which
it appears twice) following paragraph
(g)(6) and adding in its place in each
instance the dollar amount ‘‘$350’’; and
■ B. Removing the dollar amount
‘‘$670’’ in example 2 following
paragraph (g)(6) and adding in its place
the dollar amount ‘‘$700’’.
[FR Doc. 2011–16642 Filed 6–30–11; 8:45 am]
PART 2634—EXECUTIVE BRANCH
FINANCIAL DISCLOSURE, QUALIFIED
TRUSTS, AND CERTIFICATES OF
DIVESTITURE
1. The authority citation for part 2634
continues to read as follows:
Subpart C—Contents of Public Reports
§ 2634.304
[Amended]
2. Section 2634.304 is amended by:
A. Removing the dollar amount
‘‘$335’’ in paragraphs (a) and (b) and in
examples 1 and 4 following paragraph
(d) and adding in its place in each
instance the dollar amount ‘‘$350’’;
■ B. Removing the dollar amount
‘‘$134’’ in paragraph (d) and in
examples 1 and 2 following paragraph
(d) and adding in its place in each
instance the dollar amount ‘‘$140’’; and
■ C. Removing the dollar amounts
‘‘$170’’ and ‘‘$335’’ in example 3
following paragraph (d) and adding in
their place the dollar amounts ‘‘$180’’
and ‘‘$350’’, respectively.
■
■
Subpart I—Confidential Financial
Disclosure Reports
§ 2634.907
[Amended]
3. Section 2634.907 is amended by:
A. Removing the dollar amount
‘‘$335’’ in paragraphs (g)(1) and (g)(2)
and in the example to paragraph (g) and
adding in its place in each instance the
dollar amount ‘‘$350’’; and
■
■
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■
■
BILLING CODE 6345–03–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
7 CFR Part 3430
[0524–AA61]
Competitive and Noncompetitive
Nonformula Federal Assistance
Programs—Administrative Provisions
for Biomass Research and
Development Initiative; Technical
Amendments
AGENCY: National Institute of Food and
Agriculture, USDA.
ACTION: Final rule; technical
amendments.
SUMMARY: The National Institute of Food
and Agriculture (NIFA) published in the
Federal Register of June 17, 2011, a
document adopting as final an interim
rule published June 14, 2010, which
contained a set of specific
administrative requirements for the
Biomass Research and Development
Initiative (BRDI). This document
contains minor changes to those
regulations.
DATES:
E:\FR\FM\01JYR1.SGM
Effective on July 1, 2011.
01JYR1
Federal Register / Vol. 76, No. 127 / Friday, July 1, 2011 / Rules and Regulations
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, SW.,
Washington, DC 20250–2299; Voice:
202–401–6443; Fax: 202–401–4888;
E-mail: cbailey@NIFA.usda.gov.
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List of Subjects in 7 CFR Part 3430
Administrative practice and
procedure, Agricultural research,
Education, Extension, Federal
assistance.
Accordingly, 7 CFR part 3430 is
amended as follows:
VerDate Mar<15>2010
16:02 Jun 30, 2011
Jkt 223001
2. Revise § 3430.700 to read as
follows:
(including site grading and
improvement, and architect fees).
(b) Indirect costs. Subject to § 3430.54,
indirect costs are allowable for Federal
assistance awards made by NIFA.
(c) Minimum allocations. After
consultation with the Board, NIFA in
cooperation with DOE, shall require that
each of the three technical topic areas
described in § 3430.704(a) receives not
less than 15 percent of funds made
available to carry out BRDI.
§ 3430.700
■
PART 3430—COMPETITIVE AND
NONCOMPETITIVE NON-FORMULA
FEDERAL ASSISTANCE PROGRAMS—
GENERAL AWARD ADMINISTRATIVE
PROVISIONS
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).
On June
14, 2010, NIFA published an interim
rule (75 FR 33497) with a 120-day
comment period to provide
administrative provisions that are
specific to the Federal assistance awards
made under section 9008(e) of the Farm
Security and Rural Investment Act of
2002 (FSRIA), Public Law 107–171 (7
U.S.C. 8108(e)), as amended by section
9001 of the Food, Conservation, and
Energy Act of 2008 (FCEA), Public Law
110–246, providing authority to the
Secretary of Agriculture and the
Secretary of Energy, to establish and
carry out a joint Biomass Research and
Development Initiative (BRDI) under
which competitively awarded grants,
contracts, and financial assistance are
provided to, or entered into with,
eligible entities to carry out research on
and development and demonstration of
biofuels and biobased products; and the
methods, practices, and technologies for
the production of biofuels and biobased
products. No program specific
comments were received. NIFA
intended to proceed with the final rule
with only minimal changes but
published in the Federal Register of
June 17, 2011, a document adopting as
final the interim rule published June 14,
2010. This document amends the rule to
include the intended minor changes to
those regulations. Sections 3430.700,
3430.701, 3430.702 (definition of
‘‘Advisory Committee’’), 3430.705,
3430.707, and 3430.708 are amended to
correct or add citations and crossreferences. Additionally, section
3430.705 is amended to make minor
revisions to the facility cost prohibition
for purposes of consistency with other
program regulations in 7 CFR part 3430.
Finally, section 3430.706 is amended to
clarify that the required non-Federal
cost-share is a percentage of project cost,
not Federal funds awarded.
SUPPLEMENTARY INFORMATION:
38549
■
Applicability of regulations.
The regulations in this subpart apply
to the Federal assistance awards made
under the program authorized under
section 9008 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C.
8108), as amended by section 9001 of
the Food, Conservation, and Energy Act
of 2008 (Pub. L. 110–246).
3. Amend § 3430.701 by revising the
introductory text to read as follows:
■
§ 3430.701
Purpose.
In carrying out the program, NIFA, in
cooperation with the Department of
Energy, is authorized to make
competitive awards under section
9008(e) of FSRIA (7 U.S.C. 8108(e)) to
develop:
*
*
*
*
*
■ 4. In § 3430.702, revise the definition
of ‘‘Advisory Committee’’ to read as
follows:
§ 3430.702
*
*
*
*
Advisory Committee means the
Biomass Research and Development
Technical Advisory Committee
established by section 9008(d) of FSRIA
(7 U.S.C. 8108(d)).
*
*
*
*
*
■ 5. Amend § 3430.704 by revising
paragraph (b) introductory text to read
as follows:
Project types and priorities.
*
*
*
*
*
(b) Additional Considerations. Within
the technical topic areas described in
paragraph (a) of this section, NIFA, in
cooperation with DOE, shall support
research and development to—
*
*
*
*
*
■ 6. Revise § 3430.705 to read as
follows:
§ 3430.705
Funding restrictions.
(a) Facility costs. Funds made
available 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
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Sfmt 9990
§ 3430.706
Matching requirements.
(a) Requirement for Research and/or
Development Projects. The non-Federal
share of the cost of a research or
development project under BRDI shall
be not less than 20 percent. NIFA may
reduce the non-Federal share of a
research or development project if the
reduction is determined to be necessary
and appropriate.
(b) Requirement for Demonstration
and Commercial Projects. The nonFederal share of the cost of a
demonstration or commercial project
under BRDI shall be not less than 50
percent.
*
*
*
*
*
8. Amend § 3430.707 by revising
paragraph (b)(2) to read as follows:
■
§ 3430.707
Administrative duties.
*
Definitions.
*
§ 3430.704
7. Amend § 3430.706 by revising
paragraphs (a) and (b) to read as follows:
*
*
*
*
(b) * * *
(2) Included in the best practices
database established under section
1672C(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7
U.S.C. 5925e(e)).
9. Amend § 3430.708 by revising
paragraph (a) to read as follows:
■
§ 3430.708
Review criteria.
(a) General. BRDI peer reviews of
applications are conducted in
accordance with requirements found in
section 9008 of FSRIA (7 U.S.C. 8108);
section 103 of the Agricultural Research,
Extension, and Education Reform Act of
1998 (7 U.S.C. 7613); and regulations
found in title 7 of the Code of Federal
Regulations, sections 3430.31 through
3430.37.
*
*
*
*
*
Signed at Washington, DC, on June 22,
2011.
Chavonda Jacobs-Young,
Acting Director, National Institute of Food
and Agriculture.
[FR Doc. 2011–16256 Filed 6–30–11; 8:45 am]
BILLING CODE 3410–22–P
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Rules and Regulations]
[Pages 38548-38549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16256]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
[0524-AA61]
Competitive and Noncompetitive Nonformula Federal Assistance
Programs--Administrative Provisions for Biomass Research and
Development Initiative; Technical Amendments
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: The National Institute of Food and Agriculture (NIFA)
published in the Federal Register of June 17, 2011, a document adopting
as final an interim rule published June 14, 2010, which contained a set
of specific administrative requirements for the Biomass Research and
Development Initiative (BRDI). This document contains minor changes to
those regulations.
DATES: Effective on July 1, 2011.
[[Page 38549]]
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, SW., Washington, DC 20250-2299; Voice: 202-401-
6443; Fax: 202-401-4888; E-mail: cbailey@NIFA.usda.gov.
SUPPLEMENTARY INFORMATION: On June 14, 2010, NIFA published an interim
rule (75 FR 33497) with a 120-day comment period to provide
administrative provisions that are specific to the Federal assistance
awards made under section 9008(e) of the Farm Security and Rural
Investment Act of 2002 (FSRIA), Public Law 107-171 (7 U.S.C. 8108(e)),
as amended by section 9001 of the Food, Conservation, and Energy Act of
2008 (FCEA), Public Law 110-246, providing authority to the Secretary
of Agriculture and the Secretary of Energy, to establish and carry out
a joint Biomass Research and Development Initiative (BRDI) under which
competitively awarded grants, contracts, and financial assistance are
provided to, or entered into with, eligible entities to carry out
research on and development and demonstration of biofuels and biobased
products; and the methods, practices, and technologies for the
production of biofuels and biobased products. No program specific
comments were received. NIFA intended to proceed with the final rule
with only minimal changes but published in the Federal Register of June
17, 2011, a document adopting as final the interim rule published June
14, 2010. This document amends the rule to include the intended minor
changes to those regulations. Sections 3430.700, 3430.701, 3430.702
(definition of ``Advisory Committee''), 3430.705, 3430.707, and
3430.708 are amended to correct or add citations and cross-references.
Additionally, section 3430.705 is amended to make minor revisions to
the facility cost prohibition for purposes of consistency with other
program regulations in 7 CFR part 3430. Finally, section 3430.706 is
amended to clarify that the required non-Federal cost-share is a
percentage of project cost, not Federal funds awarded.
List of Subjects in 7 CFR Part 3430
Administrative practice and procedure, Agricultural research,
Education, Extension, Federal assistance.
Accordingly, 7 CFR part 3430 is amended as follows:
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. Revise Sec. 3430.700 to read as follows:
Sec. 3430.700 Applicability of regulations.
The regulations in this subpart apply to the Federal assistance
awards made under the program authorized under section 9008 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8108), as amended
by section 9001 of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110-246).
0
3. Amend Sec. 3430.701 by revising the introductory text to read as
follows:
Sec. 3430.701 Purpose.
In carrying out the program, NIFA, in cooperation with the
Department of Energy, is authorized to make competitive awards under
section 9008(e) of FSRIA (7 U.S.C. 8108(e)) to develop:
* * * * *
0
4. In Sec. 3430.702, revise the definition of ``Advisory Committee''
to read as follows:
Sec. 3430.702 Definitions.
* * * * *
Advisory Committee means the Biomass Research and Development
Technical Advisory Committee established by section 9008(d) of FSRIA (7
U.S.C. 8108(d)).
* * * * *
0
5. Amend Sec. 3430.704 by revising paragraph (b) introductory text to
read as follows:
Sec. 3430.704 Project types and priorities.
* * * * *
(b) Additional Considerations. Within the technical topic areas
described in paragraph (a) of this section, NIFA, in cooperation with
DOE, shall support research and development to--
* * * * *
0
6. Revise Sec. 3430.705 to read as follows:
Sec. 3430.705 Funding restrictions.
(a) Facility costs. Funds made available 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 Federal assistance awards made by NIFA.
(c) Minimum allocations. After consultation with the Board, NIFA in
cooperation with DOE, shall require that each of the three technical
topic areas described in Sec. 3430.704(a) receives not less than 15
percent of funds made available to carry out BRDI.
0
7. Amend Sec. 3430.706 by revising paragraphs (a) and (b) to read as
follows:
Sec. 3430.706 Matching requirements.
(a) Requirement for Research and/or Development Projects. The non-
Federal share of the cost of a research or development project under
BRDI shall be not less than 20 percent. NIFA may reduce the non-Federal
share of a research or development project if the reduction is
determined to be necessary and appropriate.
(b) Requirement for Demonstration and Commercial Projects. The non-
Federal share of the cost of a demonstration or commercial project
under BRDI shall be not less than 50 percent.
* * * * *
0
8. Amend Sec. 3430.707 by revising paragraph (b)(2) to read as
follows:
Sec. 3430.707 Administrative duties.
* * * * *
(b) * * *
(2) Included in the best practices database established under
section 1672C(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925e(e)).
0
9. Amend Sec. 3430.708 by revising paragraph (a) to read as follows:
Sec. 3430.708 Review criteria.
(a) General. BRDI peer reviews of applications are conducted in
accordance with requirements found in section 9008 of FSRIA (7 U.S.C.
8108); section 103 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613); and regulations found in
title 7 of the Code of Federal Regulations, sections 3430.31 through
3430.37.
* * * * *
Signed at Washington, DC, on June 22, 2011.
Chavonda Jacobs-Young,
Acting Director, National Institute of Food and Agriculture.
[FR Doc. 2011-16256 Filed 6-30-11; 8:45 am]
BILLING CODE 3410-22-P
