Competitive and Noncompetitive Non-formula Federal Assistance Programs-General Award Administrative Provisions and Specific Administrative Provisions, 21107-21110 [2017-09045]
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21107
Rules and Regulations
Federal Register
Vol. 82, No. 86
Friday, May 5, 2017
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
5 CFR Part 1651
Designation of Beneficiary
Federal Retirement Thrift
Investment Board.
I certify that these regulations do not
require additional reporting under the
criteria of the Paperwork Reduction Act.
Final rule.
The Federal Retirement Thrift
Investment Board (Agency) is amending
its death benefits regulations to modify
the requirements necessary in order for
a designation of beneficiary form to be
valid.
SUMMARY:
DATES:
This rule is effective May 15,
2017.
FOR FURTHER INFORMATION CONTACT:
Austen Townsend at (202) 864–8647.
The
Agency administers the Thrift Savings
Plan (TSP), which was established by
the Federal Employees’ Retirement
System Act of 1986 (FERSA), Public
Law 99–335, 100 Stat. 514. The TSP
provisions of FERSA are codified, as
amended, largely at 5 U.S.C. 8351 and
8401–79. The TSP is a tax-deferred
retirement savings plan for Federal
civilian employees, members of the
uniformed services, and spouse
beneficiaries. The TSP is similar to cash
or deferred arrangements established for
private-sector employees under section
401(k) of the Internal Revenue Code (26
U.S.C. 401(k)).
On March 30, 2017, the Agency
published a proposed rule with request
for comments in the Federal Register
(82 FR 15642, March 30, 2017). The
proposed rule amended 5 CFR 1651.3(c)
to require that all pages of a TSP
beneficiary designation form be signed
and dated by the participant and only
one witness. The Agency received no
substantive comments and, therefore, is
publishing the proposed rule as final
without change.
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SUPPLEMENTARY INFORMATION:
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I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation will affect Federal
civilian employees and spouse
beneficiaries who participate in the
Thrift Savings Plan, which is a Federal
defined contribution retirement savings
plan created under the Federal
Employees’ Retirement System Act of
1986 (FERSA), Public Law 99–335, 100
Stat. 514, and which is administered by
the Agency.
Paperwork Reduction Act
AGENCY:
ACTION:
Regulatory Flexibility Act
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Unfunded Mandates Reform Act of
1995
Pursuant to the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 602, 632,
653, 1501–1571, the effects of this
regulation on state, local, and tribal
governments and the private sector have
been assessed. This regulation will not
compel the expenditure in any one year
of $100 million or more by state, local,
and tribal governments, in the aggregate,
or by the private sector. Therefore, a
statement under section 1532 is not
required.
Submission to Congress and the
General Accounting Office
Pursuant to 5 U.S.C. 810(a)(1)(A), the
Agency submitted a report containing
this rule and other required information
to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States before
publication of this rule in the Federal
Register. The rule is not a major rule as
defined in 5 U.S.C. 804(2).
List of Subjects in 5 CFR Part 1651
Claims, Government employees,
Pensions, Retirement.
Gregory T. Long,
Executive Director, Federal Retirement Thrift
Investment Board.
For the reasons stated in the
preamble, the Agency amends 5 CFR
chapter VI as follows:
PART 1651—DEATH BENEFITS
1. The authority citation for part 1651
continues to read as follows:
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Authority: 5 U.S.C. 8424(d), 8432d,
8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and
8474(c)(1).
2. Amend § 1651.3 by revising
paragraph (c)(3) to read as follows:
■
§ 1651.3
Designation of beneficiary.
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(c) * * *
(3) Be signed and properly dated by
the participant and signed and properly
dated by one witness;
(i) The participant must either sign
the form in the presence of the witness
or acknowledge his or her signature on
the form to the witness;
(ii) All submitted and attached pages
of the form must be signed and dated by
the participant;
(iii) All submitted and attached pages
of the form must be signed and dated by
the same witness;
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[FR Doc. 2017–09153 Filed 5–4–17; 8:45 am]
BILLING CODE 6760–01–P
DEPARTMENT OF AGRICULTURE
National Institute of Food and
Agriculture
7 CFR Part 3430
RIN 0524–AA69
Competitive and Noncompetitive Nonformula Federal Assistance
Programs—General Award
Administrative Provisions and Specific
Administrative Provisions
National Institute of Food and
Agriculture, USDA.
ACTION: Final rule with request for
comments.
AGENCY:
The National Institute of Food
and Agriculture (NIFA) is publishing as
a final rule, a set of general and specific
administrative requirements applicable
to competitive and non-competitive
non-formula programs. The purpose of
this final rule is to implement sections
of the Agriculture Act of 2014 (Pub. L.
113–79 or the 2014 Farm Bill), making
it necessary to add a new section for
centers of excellence by modifying
Subparts A, B, C and D of the general
administrative provisions. Although this
final rule becomes effective on the date
of publication, NIFA is requesting
comments for a 30-day period as
identified below.
SUMMARY:
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations
This final rule becomes effective
on May 5, 2017. NIFA is accepting
comments for 30 days until June 5,
2017.
ADDRESSES: You may submit comments,
identified by centers of excellence, by
any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Email: Centers@nifa.usda.gov. Include
centers of excellence in the subject line
of the message.
Instructions: All comments received
must include the agency name and
reference to center of excellence. All
comments received will be posted to
https://www.regulations.gov, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT: Erin
Daly, Senior Policy Advisor, Phone:
202–401–3319
SUPPLEMENTARY INFORMATION:
DATES:
I. Background and Summary
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Authority
This rulemaking is authorized by
section 1470 of the National
Agricultural Research, Extension, and
Teaching Policy Act of 1977
(NARETPA), as amended, 7 U.S.C. 3316.
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. 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
regulation for its non-formula Federal
assistance programs serves 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 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), with implementing
regulations at 7 CFR part 3431.
NIFA organized the regulation as
follows: Subparts A through E provide
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administrative provisions for all
competitive and noncompetitive nonformula 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,
(7) matching requirements, and (8)
duration of grant. 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
making additions to Subparts A—
General Information, B—Pre-award:
Solicitation and Application, C—Preaward: Application Review and
Evaluation and D—Award of the
administrative provisions in order to
add a new section for the centers of
excellence identified in the 2014 Farm
Bill.
II. Administrative Requirements for the
Rulemaking
While the Administrative Procedure
Act (APA), 5 U.S.C. 553(a)(2),
specifically exempts rules that involve
public property, loans, grants, benefits,
or contracts from notice-and-comment
requirements, NIFA is issuing this rule
as final with request for comments.
Accordingly, NIFA is allowing 30 days
for the submission of comments.
If upon consideration of the
comments received in response to this
notice NIFA decides to amend the final
rule, NIFA will issue a subsequent final
rule that includes an explanation of any
changes made in response to the
comments.
Executive Order 12866 and Executive
Order 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be not
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significant for purposes of Executive
Order 12866.
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 Director of the
NIFA certifies that this final regulation
will not have a significant economic
impact on a substantial number of small
entities. This final regulation will affect
institutions of higher education
receiving Federal funds under this
program. The U.S. Small Business
Administration Size Standards define
institutions as ‘‘small entities’’ if they
are for-profit or nonprofit institutions
with total annual revenue below
$5,000,000 or if they are institutions
controlled by governmental entities
with populations below 50,000. The
rule does not involve regulatory and
informational requirements regarding
businesses, organizations, and
governmental jurisdictions subject to
regulation.
Paperwork Reduction Act (PRA)
The Department certifies that this
final rule has been assessed in
accordance with the requirements of the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq. The Department
concludes that this 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, Organizational Information.
Catalog of Federal Domestic Assistance
This final regulation applies to the
following Federal financial assistance
programs administered by NIFA
including CFDA No. 10.309, Specialty
Crop Research Initiative; CFDA No.
10.307, Organic Agriculture Research
and Extension Initiative; CFDA No.
10.303, Integrated Research, Education,
and Extension Competitive Grants
Program; CFDA No. 10.310, Agriculture
and Food Research Initiative (AFRI);
CFDA No. 10.311, Beginning Farmer
and Rancher Development Program;
CFDA No. 10.326, Capacity Building for
Non-Land Grant Colleges of Agriculture;
and CFDA No. 10.320, Sun Grant
Program.
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations
Unfunded Mandates Reform Act of 1995
and Executive Order 13132
The Department has reviewed this
final rule in accordance with the
requirements of Executive Order No.
13132 and the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 1501 et
seq., and has found no potential or
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. As there is no
Federal mandate contained herein that
could result in increased expenditures
by State, local, or tribal governments, or
by the private sector, the Department
has not prepared a budgetary impact
statement.
Executive Order 12866 and the
President’s Memorandum of June 1,
1998, require each agency to write all
rules in plain language. The Department
invites comments on how to make this
final rule easier to understand.
List of Subjects in 7 CFR Part 3430
Administrative practice and
procedure, Agricultural Research,
Education, Extension; Federal
assistance.
Accordingly, the Department of
Agriculture, National Institute of Food
and Agriculture, adopts the interim rule
amending 7 CFR part 3430 which was
published at 75 FR 54759 on September
9, 2010, as final with the following
changes:
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).
Subpart A—General
2. Amend § 3430.2 by adding a
definition for ‘‘Center of Excellence’’ in
alphabetical order to read as follows:
■
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Definitions.
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Center of Excellence in food and
agricultural research, extension, and
education is a grantee whose
application was not only found to be
highly meritorious by a peer panel, but
met additional criteria (see § 3430.17(c))
to receive the designation. This
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14:00 May 04, 2017
Subpart B—Pre-award: Solicitation and
Application
3. Amend § 3430.12 by adding
paragraph (d) to read as follows:
■
§ 3430.12
Requests for application.
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(d)If applicants choose to address
center of excellence criteria, they must
do so in their project narrative, subject
to any page limitations on that section
of the application.
■ 4. Amend § 3430.16 by adding
paragraph (e) to read as follows:
§ 3430.16
Eligibility requirements.
*
Clarity of This Regulation
§ 3430.2
designation is specific to a grant
application.
*
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(e) Center of Excellence. (1) To be
considered as a center of excellence, a
center of excellence must be one of the
following entities that provides
financial or in-kind support to the
center being proposed:
(i) State agricultural experiment
stations;
(ii) Colleges and universities;
(iii) University research foundations;
(iv) Other research institutions and
organizations;
(v) Federal agencies;
(vi) National laboratories;
(vii) Private organizations,
foundations, or corporations;
(viii) Individuals; or
(ix) A group consisting of two or more
of the entities described in paragraphs
(e)(1)(i) through (viii) of this section.
(2) Only standard grant and
coordinated agricultural project (CAP)
grant applicants may be considered for
center of excellence designation.
■ 5. Amend § 3430.17 by designating
the existing text as paragraph (a) and
adding paragraph (b) to read as follows:
§ 3430.17
Content of an application.
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(b) Center of Excellence: In addition to
meeting the other requirements detailed
in the request for application (RFA),
eligible applicants who wish to be
considered as a center of excellence
must provide a brief justification
statement at the end of their project
narrative and within the page limits
provided for the project narrative,
describing how they meet the standards
of a center of excellence, based on the
following criteria:
(1) The ability of the center of
excellence to ensure coordination and
cost effectiveness by reducing
unnecessarily duplicative efforts
regarding research, teaching, and
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21109
extension in the implementation of the
proposed research and/or extension
activity outlined in this application;
(2) In addition to any applicable
matching requirements, the ability of
the center of excellence to leverage
available resources by using publicprivate partnerships among agricultural
industry groups, institutions of higher
education, and the Federal Government
in the implementation of the proposed
research and/or extension activity
outlined in this application. Resources
leveraged should be commensurate with
the size of the award;
(3) The planned scope and capability
of the center of excellence to implement
teaching initiatives to increase
awareness and effectively disseminate
solutions to target audiences through
extension activities in the
implementation of the proposed
research and/or extension activity
outlined in this application; and
(4) The ability or capacity of the
center of excellence to increase the
economic returns to rural communities
by identifying, attracting, and directing
funds to high-priority agricultural issues
in support of and as a result of the
implementation of the proposed
research and/or extension activity
outlined in this application.
(5) Additionally, where practicable
(not required), center of excellence
applicants should describe proposed
efforts to improve teaching capacity and
infrastructure at colleges and
universities (including land-grant
colleges and universities, cooperating
forestry schools, certified Non-Land
Grant Colleges of Agriculture (NLGCA)
(list of certified NLGCA is available at
https://www.nifa.usda.gov/funding/pdfs/
nlgca_colleges.pdf), and schools of
veterinary medicine).
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Subpart C—Pre-award: Application
Review and Evaluation
6. Amend § 3430.34 by adding
paragraph (c) to read as follows:
■
§ 3430.34
Evaluation criteria.
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(c) Center of Excellence status. All
eligible applicants will be competitively
peer reviewed (as described in Part V,
A. and B. of the RFA), and ranked in
accordance with the evaluation criteria.
Those that rank highly meritorious and
requested to be considered as a center
of excellence will be further evaluated
by the peer panel to determine whether
they have met the criteria to be a center
of excellence. In instances where they
are found to be equally meritorious with
the application of a non-center of
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations
excellence, based on peer review,
selection for funding will be weighed in
favor of applicants meeting the center of
excellence criteria. NIFA will effectively
use the center of excellence
prioritization as a ‘‘tie breaker’’.
Applicants that rank highly meritorious
but who did not request consideration
as a center of excellence or who are not
deemed to have met the center of
excellence standards may still receive
funding.
Subpart D—Pre-award: Award
8. Amend § 3430.41 by adding
paragraph (c) to read as follows:
■
§ 3430.41
Administration.
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(c) Center of Excellence. Applicant’s
Notice of Award will reflect that, for
that particular grant program, the
applicant meets all of the requirements
of a center of excellence. Entities
recognized as a center of excellence will
maintain that distinction for the
duration of their award or as identified
in the terms and conditions of that
award.
Dated: April 27, 2017.
Sonny Ramaswamy,
NIFA Director, National Institute of Food and
Agriculture.
[FR Doc. 2017–09045 Filed 5–4–17; 8:45 am]
BILLING CODE 3410–22–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2017–0341; Special
Conditions No. 25–663–SC]
Special Conditions: AMAC Aerospace
Switzerland AG, Boeing Model 737–700
Airplane; Installation of a Therapeutic
Oxygen System for Medical Use
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Boeing Model 737–700
airplane, as modified by AMAC
Aerospace Switzerland AG (AMAC).
This airplane will have a novel or
unusual design feature when compared
to the state of technology envisioned in
the airworthiness standards for
transport-category airplanes. This
design feature is the installation of a
therapeutic oxygen system for medical
use. The applicable airworthiness
regulations do not contain adequate or
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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14:00 May 04, 2017
Jkt 241001
appropriate safety standards for this
design feature. These special conditions
contain the additional safety standards
that the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: This action is effective on AMAC
Aerospace Switzerland AG on May 5,
2017. We must receive your comments
by June 19, 2017.
ADDRESSES: Send comments identified
by docket number FAA–2017–0341
using any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478).
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bob
Hettman, FAA, Propulsion and
Mechanical Systems, ANM–112,
Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue
SW., Renton, Washington 98057–3356;
telephone 425–227–2683; facsimile
425–227–1320.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice of, and
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opportunity for prior public comment
on, these special conditions is
impracticable because these procedures
would significantly delay issuance of
the design approval and thus delivery of
the affected airplane.
In addition, the substance of these
special conditions has been previously
subject to the public comment process
with no substantive comments received.
The FAA therefore finds it unnecessary
to delay the effective date and finds that
good cause exists for making these
special conditions effective upon
publication in the Federal Register.
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive by the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On September 7, 2016, AMAC applied
for a supplemental type certificate (STC)
for the installation of a supplemental
therapeutic oxygen system, for medical
use, in a Boeing Model 737–700
airplane configured by a separate STC
with a business-cabin interior. This
Boeing Model 737–700 airplane, as
modified by AMAC, is a narrow-body,
business-cabin interior, twin jet-engine
powered airplane with seating for 15
passengers, 1 cabin crewmember, and
four flightcrew members. The maximum
takeoff weight is 171,000 pounds.
Type Certification Basis
Under the provisions of Title 14, Code
of Federal Regulations (14 CFR) 21.101,
AMAC must show that the Boeing
Model 737–700 airplane, as changed,
continues to meet the applicable
provisions of the regulations listed in
Type Certificate No. A16WE or the
applicable regulations in effect on the
date of application for the change,
except for earlier amendments as agreed
upon by the FAA.
If the Administrator finds that the
applicable airworthiness regulations
(i.e., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 737–700 airplane
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
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]]>Agencies
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Rules and Regulations]
[Pages 21107-21110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09045]
=======================================================================
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DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
RIN 0524-AA69
Competitive and Noncompetitive Non-formula Federal Assistance
Programs--General Award Administrative Provisions and Specific
Administrative Provisions
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The National Institute of Food and Agriculture (NIFA) is
publishing as a final rule, a set of general and specific
administrative requirements applicable to competitive and non-
competitive non-formula programs. The purpose of this final rule is to
implement sections of the Agriculture Act of 2014 (Pub. L. 113-79 or
the 2014 Farm Bill), making it necessary to add a new section for
centers of excellence by modifying Subparts A, B, C and D of the
general administrative provisions. Although this final rule becomes
effective on the date of publication, NIFA is requesting comments for a
30-day period as identified below.
[[Page 21108]]
DATES: This final rule becomes effective on May 5, 2017. NIFA is
accepting comments for 30 days until June 5, 2017.
ADDRESSES: You may submit comments, identified by centers of
excellence, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Email: Centers@nifa.usda.gov. Include centers of excellence in the
subject line of the message.
Instructions: All comments received must include the agency name
and reference to center of excellence. All comments received will be
posted to https://www.regulations.gov, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Erin Daly, Senior Policy Advisor,
Phone: 202-401-3319
SUPPLEMENTARY INFORMATION:
I. Background and Summary
Authority
This rulemaking is authorized by section 1470 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977
(NARETPA), as amended, 7 U.S.C. 3316.
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. 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 regulation for its non-formula
Federal assistance programs serves 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 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), 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 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, (7) matching requirements, and (8) duration of
grant. 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 making additions to Subparts A--
General Information, B--Pre-award: Solicitation and Application, C--
Pre-award: Application Review and Evaluation and D--Award of the
administrative provisions in order to add a new section for the centers
of excellence identified in the 2014 Farm Bill.
II. Administrative Requirements for the Rulemaking
While the Administrative Procedure Act (APA), 5 U.S.C. 553(a)(2),
specifically exempts rules that involve public property, loans, grants,
benefits, or contracts from notice-and-comment requirements, NIFA is
issuing this rule as final with request for comments. Accordingly, NIFA
is allowing 30 days for the submission of comments.
If upon consideration of the comments received in response to this
notice NIFA decides to amend the final rule, NIFA will issue a
subsequent final rule that includes an explanation of any changes made
in response to the comments.
Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
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 Director of
the NIFA certifies that this final regulation will not have a
significant economic impact on a substantial number of small entities.
This final regulation will affect institutions of higher education
receiving Federal funds under this program. The U.S. Small Business
Administration Size Standards define institutions as ``small entities''
if they are for-profit or nonprofit institutions with total annual
revenue below $5,000,000 or if they are institutions controlled by
governmental entities with populations below 50,000. The rule does not
involve regulatory and informational requirements regarding businesses,
organizations, and governmental jurisdictions subject to regulation.
Paperwork Reduction Act (PRA)
The Department certifies that this final rule has been assessed in
accordance with the requirements of the Paperwork Reduction Act (PRA),
44 U.S.C. 3501 et seq. The Department concludes that this 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, Organizational Information.
Catalog of Federal Domestic Assistance
This final regulation applies to the following Federal financial
assistance programs administered by NIFA including CFDA No. 10.309,
Specialty Crop Research Initiative; CFDA No. 10.307, Organic
Agriculture Research and Extension Initiative; CFDA No. 10.303,
Integrated Research, Education, and Extension Competitive Grants
Program; CFDA No. 10.310, Agriculture and Food Research Initiative
(AFRI); CFDA No. 10.311, Beginning Farmer and Rancher Development
Program; CFDA No. 10.326, Capacity Building for Non-Land Grant Colleges
of Agriculture; and CFDA No. 10.320, Sun Grant Program.
[[Page 21109]]
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,
Education, Extension; Federal assistance.
Accordingly, the Department of Agriculture, National Institute of
Food and Agriculture, adopts the interim rule amending 7 CFR part 3430
which was published at 75 FR 54759 on September 9, 2010, as final with
the following changes:
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).
Subpart A--General
0
2. Amend Sec. 3430.2 by adding a definition for ``Center of
Excellence'' in alphabetical order to read as follows:
Sec. 3430.2 Definitions.
* * * * *
Center of Excellence in food and agricultural research, extension,
and education is a grantee whose application was not only found to be
highly meritorious by a peer panel, but met additional criteria (see
Sec. 3430.17(c)) to receive the designation. This designation is
specific to a grant application.
* * * * *
Subpart B--Pre-award: Solicitation and Application
0
3. Amend Sec. 3430.12 by adding paragraph (d) to read as follows:
Sec. 3430.12 Requests for application.
* * * * *
(d)If applicants choose to address center of excellence criteria,
they must do so in their project narrative, subject to any page
limitations on that section of the application.
0
4. Amend Sec. 3430.16 by adding paragraph (e) to read as follows:
Sec. 3430.16 Eligibility requirements.
* * * * *
(e) Center of Excellence. (1) To be considered as a center of
excellence, a center of excellence must be one of the following
entities that provides financial or in-kind support to the center being
proposed:
(i) State agricultural experiment stations;
(ii) Colleges and universities;
(iii) University research foundations;
(iv) Other research institutions and organizations;
(v) Federal agencies;
(vi) National laboratories;
(vii) Private organizations, foundations, or corporations;
(viii) Individuals; or
(ix) A group consisting of two or more of the entities described in
paragraphs (e)(1)(i) through (viii) of this section.
(2) Only standard grant and coordinated agricultural project (CAP)
grant applicants may be considered for center of excellence
designation.
0
5. Amend Sec. 3430.17 by designating the existing text as paragraph
(a) and adding paragraph (b) to read as follows:
Sec. 3430.17 Content of an application.
* * * * *
(b) Center of Excellence: In addition to meeting the other
requirements detailed in the request for application (RFA), eligible
applicants who wish to be considered as a center of excellence must
provide a brief justification statement at the end of their project
narrative and within the page limits provided for the project
narrative, describing how they meet the standards of a center of
excellence, based on the following criteria:
(1) The ability of the center of excellence to ensure coordination
and cost effectiveness by reducing unnecessarily duplicative efforts
regarding research, teaching, and extension in the implementation of
the proposed research and/or extension activity outlined in this
application;
(2) In addition to any applicable matching requirements, the
ability of the center of excellence to leverage available resources by
using public- private partnerships among agricultural industry groups,
institutions of higher education, and the Federal Government in the
implementation of the proposed research and/or extension activity
outlined in this application. Resources leveraged should be
commensurate with the size of the award;
(3) The planned scope and capability of the center of excellence to
implement teaching initiatives to increase awareness and effectively
disseminate solutions to target audiences through extension activities
in the implementation of the proposed research and/or extension
activity outlined in this application; and
(4) The ability or capacity of the center of excellence to increase
the economic returns to rural communities by identifying, attracting,
and directing funds to high-priority agricultural issues in support of
and as a result of the implementation of the proposed research and/or
extension activity outlined in this application.
(5) Additionally, where practicable (not required), center of
excellence applicants should describe proposed efforts to improve
teaching capacity and infrastructure at colleges and universities
(including land-grant colleges and universities, cooperating forestry
schools, certified Non-Land Grant Colleges of Agriculture (NLGCA) (list
of certified NLGCA is available at https://www.nifa.usda.gov/funding/pdfs/nlgca_colleges.pdf), and schools of veterinary medicine).
* * * * *
Subpart C--Pre-award: Application Review and Evaluation
0
6. Amend Sec. 3430.34 by adding paragraph (c) to read as follows:
Sec. 3430.34 Evaluation criteria.
* * * * *
(c) Center of Excellence status. All eligible applicants will be
competitively peer reviewed (as described in Part V, A. and B. of the
RFA), and ranked in accordance with the evaluation criteria. Those that
rank highly meritorious and requested to be considered as a center of
excellence will be further evaluated by the peer panel to determine
whether they have met the criteria to be a center of excellence. In
instances where they are found to be equally meritorious with the
application of a non-center of
[[Page 21110]]
excellence, based on peer review, selection for funding will be weighed
in favor of applicants meeting the center of excellence criteria. NIFA
will effectively use the center of excellence prioritization as a ``tie
breaker''. Applicants that rank highly meritorious but who did not
request consideration as a center of excellence or who are not deemed
to have met the center of excellence standards may still receive
funding.
Subpart D--Pre-award: Award
0
8. Amend Sec. 3430.41 by adding paragraph (c) to read as follows:
Sec. 3430.41 Administration.
* * * * **
(c) Center of Excellence. Applicant's Notice of Award will reflect
that, for that particular grant program, the applicant meets all of the
requirements of a center of excellence. Entities recognized as a center
of excellence will maintain that distinction for the duration of their
award or as identified in the terms and conditions of that award.
Dated: April 27, 2017.
Sonny Ramaswamy,
NIFA Director, National Institute of Food and Agriculture.
[FR Doc. 2017-09045 Filed 5-4-17; 8:45 am]
BILLING CODE 3410-22-P
