Competitive and Noncompetitive Non-Formula Federal Assistance Programs-Specific Administrative Provisions for the Food Insecurity Nutrition Incentive Grants Program, 64309-64312 [2015-26848]
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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations
Accordingly, we are amending 7 CFR
part 319 as follows:
PART 319–FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450 and 7701–7772,
and 7781–7786; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3.
2. Section 319.56–74 is added to read
as follows:
■
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§ 319.56–74
Peppers from Ecuador.
Fresh peppers (Capsicum annum L.,
Capsicum baccatum L., Capsicum
chinense Jacq., Capsicum frutescens L.,
and Capsicum pubescens Ruiz & Pav.)
from Ecuador may be imported into the
United States only under the conditions
described in this section. These
conditions are designed to prevent the
introduction of the following quarantine
pests: Andean potato mottle virus;
Anastrepha fraterculus (Wiedemann),
South American fruit fly; Ceratitis
capitata (Wiedemann), Mediterranean
fruit fly; Neoleucinodes elegantalis
´
(Guenee), a fruit boring moth; Puccinia
pampeana Speg., a pathogenic fungus
that causes pepper and green pepper
rust; Spodoptera litura (Fabricius), a
leaf-eating moth; Thrips palmi Karny,
an arthropod; and Tuta absoluta
(Meyrick) Povolny, South American
tomato moth, tomato leaf miner.
(a) General requirements. The
national plant protection organization
(NPPO) of Ecuador must provide an
operational workplan to APHIS that
details activities that the NPPO of
Ecuador will, subject to APHIS’
approval of the workplan, carry out to
meet the requirements of this section.
The operational workplan must include
and describe the specific requirements
as set forth in this section.
(b) Commercial consignments.
Peppers from Ecuador may be imported
in commercial consignments only.
(c) Production site requirements. (1)
Pepper production sites must consist of
pest-exclusionary structures, which
must have double self-closing doors and
have all other windows, openings, and
vents covered with 1.6 mm (or less)
screening.
(2) All production sites that
participate in the pepper export
program must be registered with the
NPPO of Ecuador.
(3) The production sites must be
inspected prior to each harvest by the
NPPO of Ecuador or its approved
designee in accordance with the
operational workplan. If any quarantine
pests are found to be generally infesting
or infecting the production site, the
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NPPO of Ecuador will immediately
prohibit that production site from
exporting peppers to the United States
and notify APHIS of this action. The
prohibition will remain in effect until
the NPPO of Ecuador and APHIS agree
that the pest risk has been mitigated. If
a designee conducts the program, the
designation must be detailed in the
operational workplan. The approved
designee can be a contracted entity, a
coalition of growers, or the growers
themselves.
(4) The registered production sites
must conduct trapping for the fruit flies
A. fraterculus and C. capitata at each
production site in accordance with the
operational workplan.
(5) If a single A. fraterculus or C.
capitata is detected inside a registered
production site or in a consignment, the
NPPO of Ecuador must immediately
prohibit that production site from
exporting peppers to the United States
and notify APHIS of the action. The
prohibition will remain in effect until
the NPPO of Ecuador and APHIS agree
that the risk has been mitigated.
(6) The NPPO of Ecuador must
maintain records of trap placement,
checking of traps, and any quarantine
pest captures in accordance with the
operational workplan. Trapping records
must be maintained for APHIS review
for at least 1 year.
(7) The NPPO of Ecuador must
maintain a quality control program,
approved by APHIS, to monitor or audit
the trapping program in accordance
with the operational workplan.
(d) Packinghouse procedures. (1) All
packinghouses that participate in the
export program must be registered with
the NPPO of Ecuador.
(2) The peppers must be packed
within 24 hours of harvest in a pestexclusionary packinghouse. The
peppers must be safeguarded by an
insect-proof mesh screen or plastic
tarpaulin while in transit to the
packinghouse and while awaiting
packing. The peppers must be packed in
insect-proof cartons or containers, or
covered with insect-proof mesh or
plastic tarpaulin, for transit into the
United States. These safeguards must
remain intact until arrival in the United
States or the consignment will be
denied entry into the United States.
(3) During the time the packinghouse
is in use for exporting peppers to the
United States, the packinghouse may
only accept peppers from registered
approved production sites.
(e) Phytosanitary certificate. Each
consignment of peppers must be
accompanied by a phytosanitary
certificate issued by the NPPO of
Ecuador bearing the additional
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declaration that the consignment was
produced and prepared for export in
accordance with the requirements of
this section. The shipping box must be
labeled with the identity of the
production site.
(Approved by the Office of Management and
Budget under control number 0579–0437)
Done in Washington, DC, this 19th day of
October 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2015–27013 Filed 10–22–15; 8:45 a.m.]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
7 CFR Part 3430
RIN 0524–AA65
Competitive and Noncompetitive NonFormula Federal Assistance
Programs—Specific Administrative
Provisions for the Food Insecurity
Nutrition Incentive Grants Program
National Institute of Food and
Agriculture, USDA.
ACTION: Final rule.
AGENCY:
The National Institute of Food
and Agriculture (NIFA) is publishing a
final rule for the Food Insecurity
Nutrition Incentive Grants Program.
This final rule adds a subpart entitled
‘‘Food Insecurity Nutrition Incentive
Grants Program’’ to the part entitled
‘‘Competitive and Noncompetitive Nonformula Federal Assistance Programs—
General Award Administrative
Provisions’’.
DATES: This final rule becomes effective
on October 23, 2015.
FOR FURTHER INFORMATION CONTACT: Lisa
Scott-Morring, Policy Branch Chief,
Policy and Oversight Division, Phone:
202–401–4515, Email: lisa.scottmorring@nifa.usda.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background and Summary
Authority
The Food Insecurity Nutrition
Incentive Program (FINI) is authorized
under section 4405 of the Food,
Conservation, and Energy Act of 2008 (7
U.S.C. 7517), as added by section 4208
of the Agricultural Act of 2014 (Pub. L.
113–79).
Organization of 7 CFR Part 3430
A primary function of NIFA is the
fair, effective, and efficient
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administration of Federal assistance
programs implementing agricultural
research, education, and extension
programs. The awards made under the
above authority are subject to the NIFA
assistance regulations at 7 CFR part
3430, Competitive and Noncompetitive
Non-formula Federal Assistance
Programs—General Award
Administrative Provisions. NIFA’s
development and publication of this
part serve to enhance its accountability
and to standardize procedures across
the Federal assistance programs it
administers while providing
transparency to the public. NIFA
published 7 CFR part 3430 with
subparts A through E as 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
capacity grant programs identified in 7
CFR 3430.1(f), the Small Business
Innovation Research programs, with
implementing regulations at 7 CFR part
3403, and the Veterinary Medicine Loan
Repayment Program, with implementing
regulations at 7 CFR part 3431.
NIFA organized part 3430 as follows:
Subparts A through E provide
administrative provisions for all
competitive and noncompetitive noncapacity Federal assistance programs.
Subparts F and thereafter apply to
specific NIFA programs.
NIFA is, to the extent practical, using
the following subpart template for each
program authority: (1) Applicability of
regulations; (2) purpose; (3) definitions
(those in addition to or different from
§ 3430.2); (4) eligibility; (5) project types
and priorities; (6) funding restrictions;
and (7) matching requirements.
Subparts F and thereafter contain the
above seven components in this order.
Additional sections may be added for a
specific program if there are additional
requirements or a need for additional
rules for the program (e.g., additional
reporting requirements). Through this
rulemaking, NIFA is adding subpart P
for the administrative provisions that
are specific to the FINI program.
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II. Administrative Requirements for the
Rulemaking
Executive Order 12866
This action has been determined to be
not significant for purposes of Executive
Order 12866. The rule will not create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; nor will it
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs; nor will it have an annual
effect on the economy of $100 million
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or more; nor will it adversely affect the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities in a material way. Further,
it does not raise a novel legal or policy
issue arising out of legal mandates, the
President’s priorities, or principles set
forth in the Executive Order.
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.
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
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities.
The rule does not involve regulatory
and informational requirements
regarding businesses, organizations, and
governmental jurisdictions subject to
regulation.
Clarity of This Regulation
Paperwork Reduction Act
The Department certifies that this
final rule has been assessed in
accordance with the requirements of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. The Department concludes
that this final rule does not impose any
new information requirements or
increase the burden hours. In addition
to the SF–424 form families (i.e.,
Research and Related and Mandatory)
and the SF–425 Federal Financial
Report (FFR) No. 0348–0061, NIFA has
three currently approved OMB
information collections associated with
this rulemaking: OMB Information
Collection No. 0524–0042, NIFA
REEport; No. 0524–0041, NIFA
Application Review Process; and No.
0524–0026, Assurance of Compliance
with the Department of Agriculture
Regulations Assuring Civil Rights
Compliance and Organizational
Information.
Catalog of Federal Domestic Assistance
This final rule applies to the
following Federal financial assistance
programs administered by NIFA: CFDA
No. 10.331 Food Insecurity Nutrition
Incentive 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
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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, Grant
programs—agriculture, Privacy,
Reporting and recordkeeping
requirements.
Accordingly, 7 CFR part 3430 is
amended as set forth below:
PART 3430—COMPETITIVE AND
NONCOMPETITIVE NON-FORMULA
FEDERAL ASSISTANCE PROGRAMS—
GENERAL AWARD ADMINISTRATIVE
PROVISIONS
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).
■
2. Add subpart P to read as follows:
Subpart P—Food Insecurity Nutrition
Incentive Program
Sec.
3430.1100 Applicability of regulations.
3430.1101 Purpose.
3430.1102 Definitions.
3430.1103 Eligibility.
3430.1104 Project types and priorities.
3430.1105 Funding restrictions.
3430.1106 Matching requirements.
3430.1107 Program requirements.
3430.1108 Priorities.
Subpart P—Food Insecurity Nutrition
Incentive Program
§ 3430.1100
Applicability of regulations.
The regulations in this subpart apply
to the Food Insecurity Nutrition
Incentive (FINI) grants program
authorized under section 4405 of the
Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517), as added by
section 4208 of the Agricultural Act of
2014 (Pub. L. 113–79).
§ 3430.1101
Purpose.
The primary goal of the FINI grants
program is to fund and evaluate projects
intended to increase the purchase of
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indicate a measurable change in
participant knowledge, attitudes, or
behaviors.
Process evaluation means examining
program activities in terms of:
(1) The age, sex, race, occupation, or
§ 3430.1102 Definitions.
other demographic variables of the
The definitions applicable to the FINI target population;
grants program under this subpart
(2) The program’s organization,
include:
funding, and staffing; and
Community food assessment means a
(3) The program’s location and timing.
collaborative and participatory process
Process evaluation focuses on program
that systematically examines a broad
activities rather than outcomes.
range of community food issues and
PromiseZone refers to designated
assets, so as to inform change actions to high-poverty communities ‘‘where the
make the community more food secure.
federal government will partner with
Emergency feeding organization
and invest in communities to create
means a public or nonprofit
jobs, leverage private investment,
organization that administers activities
increase economic activity, expand
and projects (including the activities
educational opportunities, and improve
and projects of a charitable institution,
public safety.’’ See https://
a food bank, a food pantry, a hunger
www.hudexchange.info/programs/
relief center, a soup kitchen, or a similar promise-zones/.
public or private nonprofit eligible
Nonprofit organization means a
recipient agency) providing nutrition
special type of organizationthat has
assistance to relieve situations of
been organized to meet specific taxemergency and distress through the
exempt purposes. To qualify for
provision of food to needy persons,
nonprofit status, your organizationmust
including low-income and unemployed be formed to benefit:
persons. (See 7 U.S.C. 7501).
(1) The public;
Exemplary practices means high
(2) A specific group of individuals; or
quality community food security work
(3) The membership of the nonprofit.
StrikeForce means the ‘‘USDA’s
that emphasizes food security,
StrikeForce Initiative for Rural Growth
nutritional quality, environmental
and Opportunity, which works to
stewardship, and economic and social
address the unique set of challenges
equity.
Expert reviewers means individuals
faced by many of America’s rural
selected from among those recognized
communities. Through StrikeForce,
as uniquely qualified by training and
USDA is leveraging resources and
experience in their respective fields to
collaborating with partners and
give expert advice on the merit of grant
stakeholders to improve economic
applications in such fields who evaluate opportunity and quality of life in these
eligible proposals submitted to this
areas. See https://www.usda.gov/wps/
program in their respective area(s) of
portal/usda/usdahome?navid=STRIKE_
expertise.
FORCE for more information.
Food security means access to
Supplemental Nutrition Assistance
affordable, nutritious, and culturally
Program (SNAP) means the
appropriate food for all people at all
supplemental nutrition assistance
times.
program established under the Food and
Fruits and vegetables means, for the
Nutrition Act of 2008 (7 U.S.C. 2011 et
purposes of the incentives provided
seq.).
under these grants, any variety of fresh,
Value chain means adding value to a
canned, dried, or frozen whole or cut
product, including production,
fruits and vegetables without added
marketing, and the provision of aftersugars, fats or oils, and salt (i.e. sodium). sales service and incorporating fair
Logic model means a systematic and
pricing to farms. It also involves keeping
visual way to present and share an
the final pricing to customers within
understanding of the relationships
competitive range. Value chain
among resources available to operate a
development, therefore, is a process of
program, and includes: Planned
building relationships between supplier
activities and anticipated results; and
and buyer that are reciprocal and winthe presentation of the resources,
win; instead of always striving to buy at
inputs, activities, outputs, outcomes and lowest cost.
impacts.
§ 3430.1103 Eligibility.
Outcomes means the changes in the
wellbeing of individuals that can be
(a) In general. Eligibility to receive a
attributed to a particular project,
grant under this subpart is limited to
program, or policy, or that a program
government agencies and nonprofit
hopes to achieve over time. They
organizations. All applicants must
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fruits and vegetables by low-income
consumers participating in
Supplemental Nutrition Assistance
Program (SNAP) by providing
incentives at the point of purchase.
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64311
demonstrate in their application that
they are a government agency or
nonprofit organization. Eligible
government agencies and nonprofit
organizations may include:
(1) An emergency feeding
organization;
(2) An agricultural cooperative;
(3) A producer network or association;
(4) A community health organization;
(5) A public benefit corporation;
(6) An economic development
corporation;
(7) A farmers’ market;
(8) A community-supported
agriculture program;
(9) A buying club;
(10) A SNAP-authorized retailer; and
(11) A State, local, or tribal agency.
(b) Further eligibility requirements—
(1) Related to projects. To be eligible to
receive a grant under this subpart,
applicants must propose projects that:
(i) Have the support of the State SNAP
agency;
(ii) Would increase the purchase of
fruits and vegetables by low-income
consumers participating in SNAP by
providing incentives at the point of
purchase;
(iii) Operate through authorized
SNAP retailers and comply with all
relevant SNAP regulations and
operating requirements;
(iv) Agree to participate in the FINI
comprehensive program evaluation;
(v) Ensure that the same terms and
conditions apply to purchases made by
individuals with SNAP benefits and
with incentives under the FINI grants
program as apply to purchases made by
individuals who are not members of
households receiving benefits as
provided in § 278.2(b) of this title; and
(vi) Include effective and efficient
technologies for benefit redemption
systems that may be replicated in other
States and communities.
(2) Related to experience and other
competencies. To be eligible to receive
a grant under this subpart, applicants
must meet the following requirements:
(i) Have experience:
(A) In efforts to reduce food insecurity
in the community, including food
distribution, improving access to
services, or coordinating services and
programs; or
(B) With the SNAP program;
(ii) Demonstrate competency to
implement a project, provide fiscal
accountability, collect data, and prepare
reports and other necessary
documentation;
(iii) Secure the commitment of the
State SNAP agency to cooperate with
the project; and
(iv) Possess a demonstrated
willingness to share information with
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researchers, evaluators (including the
independent evaluator for the program),
practitioners, and other interested
parties, including a plan for
dissemination of results to stakeholders.
(c) Other, non-eligibility
considerations. Applicants are
encouraged:
(1) To propose projects that will
provide employees with important job
skills; and
(2) To have experience the following
areas:
(i) Community food work, particularly
concerning small and medium-size
farms, including the provision of food to
people in low-income communities and
the development of new markets in lowincome communities for agricultural
producers; and
(ii) Job training and business
development activities for food-related
activities in low-income communities.
(d) Partnerships. Applicants for a
grant under this subpart are encouraged
to seek and create partnerships with
public or private, nonprofit or for-profit
entities, including links with academic
institutions (including minority-serving
colleges and universities) or other
appropriate professionals; communitybased organizations; local government
entities; PromiseZone lead applicant/
organization or implementation
partners; and StrikeForce area
coordinators or partnering entities for
the purposes of providing additional
Federal resources and strengthening
under-resourced communities. Only the
applicant must meet the requirements
specified in this section for grant
eligibility. Project partners and
collaborators need not meet the
eligibility requirements.
§ 3430.1104
Project types and priorities.
(a) FINI Pilot Projects (FPP). FPPs are
aimed at new entrants seeking funding
for a project in the early stages of
incentive program development.
(b) FINI Projects (FP). FPs are aimed
at mid-sized groups developing
incentive programs at the local or State
level.
(c) FINI Large Scale Projects (FLSP).
FLSPs are aimed at groups developing
multi-county, State, and regional
incentive programs with the largest
target audience of all FINI projects.
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§ 3430.1105
Funding restrictions.
(a) Construction. Funds made
available for grants under this subpart
shall not be used for the construction of
a new building or facility or the
acquisition, expansion, remodeling, or
alteration of an existing building or
facility (including site grading and
improvement, and architect fees).
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(b) Indirect costs. Subject to § 3430.54,
indirect costs are allowable.
§ 3430.1106
Matching requirements.
(a) In general. Recipients of a grant
under this subpart must provide
matching contributions on a dollar-fordollar basis for all Federal funds
awarded.
(b) Source and type. The non-Federal
share of the cost of a project funded by
a grant under this subpart may be
provided by a State or local government
or a private source. The matching
requirement in this section may be met
through cash or in-kind contributions,
including third-party in-kind
contributions fairly evaluated, including
facilities, equipment, or services.
(c) Limitation. If an applicant partners
with a for-profit entity, the non-Federal
share that is required to be provided by
the applicant may not include the
services of an employee of that for-profit
entity, including salaries paid or
expenses covered by that employer.
(d) Indirect costs. Use of indirect costs
as in-kind matching contributions is
subject to § 3430.52(b).
§ 3430.1107
Program requirements.
The term of a grant under this subpart
may not exceed 5 years. No-cost
extensions of time beyond the
maximum award terms will not be
considered or granted.
§ 3430.1108
Priorities.
(a) In general. Except as provided in
paragraph (b) of this section, in
awarding grants under this subpart,
NIFA will give priority to projects that:
(1) Maximize the share of funds used
for direct incentives to participants;
(2) Use direct-to-consumer sales
marketing;
(3) Demonstrate a track record of
designing and implementing successful
nutrition incentive programs that
connect low-income consumers and
agricultural producers;
(4) Provide locally or regionally
produced fruits and vegetables;
(5) Are located in underserved
communities; or
(6) Address other criteria as
established by NIFA and included in the
requests for applications.
(b) Exception. The priorities in
paragraph (a) of this section that are
given by NIFA will depend on the
project type identified in § 3430.1104.
Applicants should refer to the requests
for applications to determine which
priorities will be given to which project
types.
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Done at Washington, DC, this 16th day of
October, 2015.
Robert E. Holland,
Associate Director for Operations, National
Institute of Food and Agriculture.
[FR Doc. 2015–26848 Filed 10–22–15; 8:45 am]
BILLING CODE 3410–22–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0913; Directorate
Identifier 2012–NE–23–AD; Amendment 39–
18261; AD 2015–18–03]
RIN 2120–AA64
Airworthiness Directives; Honeywell
International Inc. Turboprop Engines
(Type Certificate Previously Held by
AlliedSignal Inc., Garrett Engine
Division; Garrett Turbine Engine
Company; and AiResearch
Manufacturing Company of Arizona)
Correction
In rule document 2015–25606,
appearing on pages 61091 through
61093 in the issue of Friday, October 9,
2015, make the following correction:
On page 61093, at the top of the page,
the image heading ‘‘Figure 2 to
Paragraph (e)—Airplane Operating
Procedures’’ should read ‘‘Figure 1 to
Paragraph (e)—Airplane Operating
Procedures’’.
[FR Doc. C1–2015–25606 Filed 10–22–15; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2015–0869; Directorate
Identifier 2015–NE–11–AD; Amendment 39–
18296; AD 2015–21–04]
RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for certain
Pratt & Whitney (PW) PW4164, PW4168,
PW4168A, PW4164–1D, PW4168–1D,
PW4168A–1D, and PW4170 turbofan
engines. This AD was prompted by
crack finds in the 6th stage low-pressure
turbine (LPT) disk. This AD requires
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64309-64312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26848]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
RIN 0524-AA65
Competitive and Noncompetitive Non-Formula Federal Assistance
Programs--Specific Administrative Provisions for the Food Insecurity
Nutrition Incentive Grants Program
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Institute of Food and Agriculture (NIFA) is
publishing a final rule for the Food Insecurity Nutrition Incentive
Grants Program. This final rule adds a subpart entitled ``Food
Insecurity Nutrition Incentive Grants Program'' to the part entitled
``Competitive and Noncompetitive Non-formula Federal Assistance
Programs--General Award Administrative Provisions''.
DATES: This final rule becomes effective on October 23, 2015.
FOR FURTHER INFORMATION CONTACT: Lisa Scott-Morring, Policy Branch
Chief, Policy and Oversight Division, Phone: 202-401-4515, Email:
lisa.scott-morring@nifa.usda.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
The Food Insecurity Nutrition Incentive Program (FINI) is
authorized under section 4405 of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 7517), as added by section 4208 of the Agricultural
Act of 2014 (Pub. L. 113-79).
Organization of 7 CFR Part 3430
A primary function of NIFA is the fair, effective, and efficient
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administration of Federal assistance programs implementing agricultural
research, education, and extension programs. The awards made under the
above authority are subject to the NIFA assistance regulations at 7 CFR
part 3430, Competitive and Noncompetitive Non-formula Federal
Assistance Programs--General Award Administrative Provisions. NIFA's
development and publication of this part serve to enhance its
accountability and to standardize procedures across the Federal
assistance programs it administers while providing transparency to the
public. NIFA published 7 CFR part 3430 with subparts A through E as 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 capacity grant programs identified in 7 CFR 3430.1(f), the
Small Business Innovation Research programs, with implementing
regulations at 7 CFR part 3403, and the Veterinary Medicine Loan
Repayment Program, with implementing regulations at 7 CFR part 3431.
NIFA organized part 3430 as follows: Subparts A through E provide
administrative provisions for all competitive and noncompetitive non-
capacity Federal assistance programs. Subparts F and thereafter apply
to specific NIFA programs.
NIFA is, to the extent practical, using the following subpart
template for each program authority: (1) Applicability of regulations;
(2) purpose; (3) definitions (those in addition to or different from
Sec. 3430.2); (4) eligibility; (5) project types and priorities; (6)
funding restrictions; and (7) matching requirements. Subparts F and
thereafter contain the above seven components in this order. Additional
sections may be added for a specific program if there are additional
requirements or a need for additional rules for the program (e.g.,
additional reporting requirements). Through this rulemaking, NIFA is
adding subpart P for the administrative provisions that are specific to
the FINI program.
II. Administrative Requirements for the Rulemaking
Executive Order 12866
This action has been determined to be not significant for purposes
of Executive Order 12866. The rule will not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; nor will it materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs; nor will it have an
annual effect on the economy of $100 million or more; nor will it
adversely affect the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or Tribal governments or communities in a material way. Further,
it does not raise a novel legal or policy issue arising out of legal
mandates, the President's priorities, or principles set forth in the
Executive Order.
Regulatory Flexibility Act of 1980
This final rule has been reviewed in accordance with the Regulatory
Flexibility Act of 1980, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996, (5 U.S.C. 601-612). The Department
certifies that this final rule will not have a significant economic
impact on a substantial number of small entities. The rule does not
involve regulatory and informational requirements regarding businesses,
organizations, and governmental jurisdictions subject to regulation.
Paperwork Reduction Act
The Department certifies that this final rule has been assessed in
accordance with the requirements of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The Department concludes that this final rule does
not impose any new information requirements or increase the burden
hours. In addition to the SF-424 form families (i.e., Research and
Related and Mandatory) and the SF-425 Federal Financial Report (FFR)
No. 0348-0061, NIFA has three currently approved OMB information
collections associated with this rulemaking: OMB Information Collection
No. 0524-0042, NIFA REEport; No. 0524-0041, NIFA Application Review
Process; and No. 0524-0026, Assurance of Compliance with the Department
of Agriculture Regulations Assuring Civil Rights Compliance and
Organizational Information.
Catalog of Federal Domestic Assistance
This final rule applies to the following Federal financial
assistance programs administered by NIFA: CFDA No. 10.331 Food
Insecurity Nutrition Incentive 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.
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, Grant
programs--agriculture, Privacy, Reporting and recordkeeping
requirements.
Accordingly, 7 CFR part 3430 is amended as set forth below:
PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVISIONS
0
1. The authority citation for part 3430 continues to read as follows:
Authority: 7 U.S.C. 3316; Pub. L. 106-107 (31 U.S.C. 6101 note).
0
2. Add subpart P to read as follows:
Subpart P--Food Insecurity Nutrition Incentive Program
Sec.
3430.1100 Applicability of regulations.
3430.1101 Purpose.
3430.1102 Definitions.
3430.1103 Eligibility.
3430.1104 Project types and priorities.
3430.1105 Funding restrictions.
3430.1106 Matching requirements.
3430.1107 Program requirements.
3430.1108 Priorities.
Subpart P--Food Insecurity Nutrition Incentive Program
Sec. 3430.1100 Applicability of regulations.
The regulations in this subpart apply to the Food Insecurity
Nutrition Incentive (FINI) grants program authorized under section 4405
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517), as
added by section 4208 of the Agricultural Act of 2014 (Pub. L. 113-79).
Sec. 3430.1101 Purpose.
The primary goal of the FINI grants program is to fund and evaluate
projects intended to increase the purchase of
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fruits and vegetables by low-income consumers participating in
Supplemental Nutrition Assistance Program (SNAP) by providing
incentives at the point of purchase.
Sec. 3430.1102 Definitions.
The definitions applicable to the FINI grants program under this
subpart include:
Community food assessment means a collaborative and participatory
process that systematically examines a broad range of community food
issues and assets, so as to inform change actions to make the community
more food secure.
Emergency feeding organization means a public or nonprofit
organization that administers activities and projects (including the
activities and projects of a charitable institution, a food bank, a
food pantry, a hunger relief center, a soup kitchen, or a similar
public or private nonprofit eligible recipient agency) providing
nutrition assistance to relieve situations of emergency and distress
through the provision of food to needy persons, including low-income
and unemployed persons. (See 7 U.S.C. 7501).
Exemplary practices means high quality community food security work
that emphasizes food security, nutritional quality, environmental
stewardship, and economic and social equity.
Expert reviewers means individuals selected from among those
recognized as uniquely qualified by training and experience in their
respective fields to give expert advice on the merit of grant
applications in such fields who evaluate eligible proposals submitted
to this program in their respective area(s) of expertise.
Food security means access to affordable, nutritious, and
culturally appropriate food for all people at all times.
Fruits and vegetables means, for the purposes of the incentives
provided under these grants, any variety of fresh, canned, dried, or
frozen whole or cut fruits and vegetables without added sugars, fats or
oils, and salt (i.e. sodium).
Logic model means a systematic and visual way to present and share
an understanding of the relationships among resources available to
operate a program, and includes: Planned activities and anticipated
results; and the presentation of the resources, inputs, activities,
outputs, outcomes and impacts.
Outcomes means the changes in the wellbeing of individuals that can
be attributed to a particular project, program, or policy, or that a
program hopes to achieve over time. They indicate a measurable change
in participant knowledge, attitudes, or behaviors.
Process evaluation means examining program activities in terms of:
(1) The age, sex, race, occupation, or other demographic variables
of the target population;
(2) The program's organization, funding, and staffing; and
(3) The program's location and timing. Process evaluation focuses
on program activities rather than outcomes.
PromiseZone refers to designated high-poverty communities ``where
the federal government will partner with and invest in communities to
create jobs, leverage private investment, increase economic activity,
expand educational opportunities, and improve public safety.'' See
https://www.hudexchange.info/programs/promise-zones/.
Nonprofit organization means a special type of organizationthat has
been organized to meet specific tax-exempt purposes. To qualify for
nonprofit status, your organizationmust be formed to benefit:
(1) The public;
(2) A specific group of individuals; or
(3) The membership of the nonprofit.
StrikeForce means the ``USDA's StrikeForce Initiative for Rural
Growth and Opportunity, which works to address the unique set of
challenges faced by many of America's rural communities. Through
StrikeForce, USDA is leveraging resources and collaborating with
partners and stakeholders to improve economic opportunity and quality
of life in these areas. See https://www.usda.gov/wps/portal/usda/usdahome?navid=STRIKE_FORCE for more information.
Supplemental Nutrition Assistance Program (SNAP) means the
supplemental nutrition assistance program established under the Food
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
Value chain means adding value to a product, including production,
marketing, and the provision of after-sales service and incorporating
fair pricing to farms. It also involves keeping the final pricing to
customers within competitive range. Value chain development, therefore,
is a process of building relationships between supplier and buyer that
are reciprocal and win-win; instead of always striving to buy at lowest
cost.
Sec. 3430.1103 Eligibility.
(a) In general. Eligibility to receive a grant under this subpart
is limited to government agencies and nonprofit organizations. All
applicants must demonstrate in their application that they are a
government agency or nonprofit organization. Eligible government
agencies and nonprofit organizations may include:
(1) An emergency feeding organization;
(2) An agricultural cooperative;
(3) A producer network or association;
(4) A community health organization;
(5) A public benefit corporation;
(6) An economic development corporation;
(7) A farmers' market;
(8) A community-supported agriculture program;
(9) A buying club;
(10) A SNAP-authorized retailer; and
(11) A State, local, or tribal agency.
(b) Further eligibility requirements--(1) Related to projects. To
be eligible to receive a grant under this subpart, applicants must
propose projects that:
(i) Have the support of the State SNAP agency;
(ii) Would increase the purchase of fruits and vegetables by low-
income consumers participating in SNAP by providing incentives at the
point of purchase;
(iii) Operate through authorized SNAP retailers and comply with all
relevant SNAP regulations and operating requirements;
(iv) Agree to participate in the FINI comprehensive program
evaluation;
(v) Ensure that the same terms and conditions apply to purchases
made by individuals with SNAP benefits and with incentives under the
FINI grants program as apply to purchases made by individuals who are
not members of households receiving benefits as provided in Sec.
278.2(b) of this title; and
(vi) Include effective and efficient technologies for benefit
redemption systems that may be replicated in other States and
communities.
(2) Related to experience and other competencies. To be eligible to
receive a grant under this subpart, applicants must meet the following
requirements:
(i) Have experience:
(A) In efforts to reduce food insecurity in the community,
including food distribution, improving access to services, or
coordinating services and programs; or
(B) With the SNAP program;
(ii) Demonstrate competency to implement a project, provide fiscal
accountability, collect data, and prepare reports and other necessary
documentation;
(iii) Secure the commitment of the State SNAP agency to cooperate
with the project; and
(iv) Possess a demonstrated willingness to share information with
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researchers, evaluators (including the independent evaluator for the
program), practitioners, and other interested parties, including a plan
for dissemination of results to stakeholders.
(c) Other, non-eligibility considerations. Applicants are
encouraged:
(1) To propose projects that will provide employees with important
job skills; and
(2) To have experience the following areas:
(i) Community food work, particularly concerning small and medium-
size farms, including the provision of food to people in low-income
communities and the development of new markets in low-income
communities for agricultural producers; and
(ii) Job training and business development activities for food-
related activities in low-income communities.
(d) Partnerships. Applicants for a grant under this subpart are
encouraged to seek and create partnerships with public or private,
nonprofit or for-profit entities, including links with academic
institutions (including minority-serving colleges and universities) or
other appropriate professionals; community-based organizations; local
government entities; PromiseZone lead applicant/organization or
implementation partners; and StrikeForce area coordinators or
partnering entities for the purposes of providing additional Federal
resources and strengthening under-resourced communities. Only the
applicant must meet the requirements specified in this section for
grant eligibility. Project partners and collaborators need not meet the
eligibility requirements.
Sec. 3430.1104 Project types and priorities.
(a) FINI Pilot Projects (FPP). FPPs are aimed at new entrants
seeking funding for a project in the early stages of incentive program
development.
(b) FINI Projects (FP). FPs are aimed at mid-sized groups
developing incentive programs at the local or State level.
(c) FINI Large Scale Projects (FLSP). FLSPs are aimed at groups
developing multi-county, State, and regional incentive programs with
the largest target audience of all FINI projects.
Sec. 3430.1105 Funding restrictions.
(a) Construction. Funds made available for grants under this
subpart shall not be used for the construction of a new building or
facility or the acquisition, expansion, remodeling, or alteration of an
existing building or facility (including site grading and improvement,
and architect fees).
(b) Indirect costs. Subject to Sec. 3430.54, indirect costs are
allowable.
Sec. 3430.1106 Matching requirements.
(a) In general. Recipients of a grant under this subpart must
provide matching contributions on a dollar-for-dollar basis for all
Federal funds awarded.
(b) Source and type. The non-Federal share of the cost of a project
funded by a grant under this subpart may be provided by a State or
local government or a private source. The matching requirement in this
section may be met through cash or in-kind contributions, including
third-party in-kind contributions fairly evaluated, including
facilities, equipment, or services.
(c) Limitation. If an applicant partners with a for-profit entity,
the non-Federal share that is required to be provided by the applicant
may not include the services of an employee of that for-profit entity,
including salaries paid or expenses covered by that employer.
(d) Indirect costs. Use of indirect costs as in-kind matching
contributions is subject to Sec. 3430.52(b).
Sec. 3430.1107 Program requirements.
The term of a grant under this subpart may not exceed 5 years. No-
cost extensions of time beyond the maximum award terms will not be
considered or granted.
Sec. 3430.1108 Priorities.
(a) In general. Except as provided in paragraph (b) of this
section, in awarding grants under this subpart, NIFA will give priority
to projects that:
(1) Maximize the share of funds used for direct incentives to
participants;
(2) Use direct-to-consumer sales marketing;
(3) Demonstrate a track record of designing and implementing
successful nutrition incentive programs that connect low-income
consumers and agricultural producers;
(4) Provide locally or regionally produced fruits and vegetables;
(5) Are located in underserved communities; or
(6) Address other criteria as established by NIFA and included in
the requests for applications.
(b) Exception. The priorities in paragraph (a) of this section that
are given by NIFA will depend on the project type identified in Sec.
3430.1104. Applicants should refer to the requests for applications to
determine which priorities will be given to which project types.
Done at Washington, DC, this 16th day of October, 2015.
Robert E. Holland,
Associate Director for Operations, National Institute of Food and
Agriculture.
[FR Doc. 2015-26848 Filed 10-22-15; 8:45 am]
BILLING CODE 3410-22-P
