Department of Agriculture Regulations for Grants and Agreements; Update of Citations, 72912-72913 [2020-24502]

Download as PDF 72912 Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations Dated: September 25, 2020. Alex M. Azar II, Secretary. The regulations of several USDA agencies in title 7 refer to and cite the grants and agreements regulations. Following the publication of the various final rules establishing the regulations in 2 CFR chapter IV, those agencies updated their regulations so that they referred to the new grants and agreements regulations in title 2 rather than the predecessor regulations in title 7. As a result of the August 13, 2020, publication of the Office of Management and Budget’s ‘‘Guidance for Grants and Agreements’’ (85 FR 49506), we have identified a number of instances where technical corrections are necessary. This final rule makes those technical corrections where needed. [FR Doc. 2020–21774 Filed 11–13–20; 8:45 am] BILLING CODE 4151–17–P DEPARTMENT OF AGRICULTURE Office of the Secretary 2 CFR Parts 415 and 416 Rural Utilities Service 7 CFR Part 1780 National Institute of Food and Agriculture Effective Date 7 CFR Part 3430 Department of Agriculture Regulations for Grants and Agreements; Update of Citations Office of the Secretary, Rural Utilities Service, National Institute of Food and Agriculture, and Office of the Chief Financial Officer, Department of Agriculture. ACTION: Final rule. AGENCY: The Office of Management and Budget (OMB) revised sections of its Guidance for Grants and Agreements in August 2020. This final rule amends the regulations of several United States Department of Agriculture agencies to reflect the revised OMB guidance and make technical corrections to the Department’s grants and agreements regulations. DATES: Effective November 16, 2020. FOR FURTHER INFORMATION CONTACT: Tyson Whitney, Office of the Chief Financial Officer, Director, Transparency and Accountability Reporting Division, United States Department of Agriculture, 1400 Independence Avenue SW, Washington, DC 20250–9011, 202–720–8978, tyson.whitney@usda.gov. SUPPLEMENTARY INFORMATION: The regulations in 2 CFR chapter IV set forth the United States Department of Agriculture’s (USDA) regulations for grants and agreements. In a final rule published December 19, 2014 (79 FR 75982), USDA’s Office of the Chief Financial Officer adopted 2 CFR part 200, along with an agency-specific addendum in a new 2 CFR part 400. The regulations in 2 CFR parts 415, 416, 418, and 422 were established. The regulations in 2 CFR chapter IV updated and replaced provisions that had previously been found in 7 CFR parts 3015, 3016, 3018, 3019, 3022, and 3052. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 18:27 Nov 13, 2020 Jkt 253001 This rule relates to internal agency management and makes various nonsubstantive changes to the regulations in titles 2 and 7 of the Code of Federal Regulations to make technical corrections to the Department’s grants and agreements regulations. Accordingly, notice and other public procedure on this rule are unnecessary and contrary to the public interest. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity to comment are not required and this rule may be made effective less than 30 days after publication in the Federal Register. Further, since this rule relates to internal agency management, it is exempt from the provisions of Executive Orders 12866, 12988, and 13771. Finally, this action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 501) and, thus, is exempt from the provisions of that Act. Paperwork Reduction Act This final rule contains no new reporting, recordkeeping, or third-party disclosure requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects 2 CFR Parts 415 and 416 Accounting, Administrative practice and procedure, Agriculture, Auditing, Business and industry, Colleges and universities, Community development, Cost principles, Economic development, Government contracts, Grants administration, Grant programs, Grant programs—housing and community development, Hospitals, Indians, Loan programs—agriculture, Nonprofit organizations, Reporting and recordkeeping requirements, Rural areas, State and local governments. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 7 CFR Part 1780 Community development, Community facilities, Grant programs— housing and community development, Loan programs—housing and community development, Reporting and recordkeeping requirements, Rural areas, Waste treatment and disposal, Water supply, Watersheds. 7 CFR Part 3430 Administrative practice and procedure, Agriculture research, Education, Federal assistance. Accordingly, 2 CFR parts 415 and 416 and 7 CFR parts 1780 and 3430 are amended as follows: Title 2—[Amended] PART 415—GENERAL PROGRAM ADMINISTRATIVE REGULATIONS 1. The authority citation for part 415 is revised to read as follows: ■ Authority: 5 U.S.C. 301; 31 U.S.C. 901– 903; 7 CFR 2.28. 2. In § 415.1, paragraphs (a)(1) and (b)(10) are revised to read as follows: ■ § 415.1 Competition in the awarding of discretionary grants and cooperative agreements. (a) * * * (1) Potential applicants must be invited to submit proposals through publications such as the Federal Register, OMB-designated governmentwide website as described in 2 CFR 200.204, professional trade journals, agency or program handbooks, the Assistance Listings, or any other appropriate means of solicitation. In so doing, awarding agencies should consider the broadest dissemination of project solicitations in order to reach the highest number of potential applicants. * * * * * (b) * * * (10) The Assistance Listings number and title. * * * * * PART 416—GENERAL PROGRAM ADMINISTRATIVE REGULATIONS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS 3. The authority citation for part 416 is revised to read as follows: ■ Authority: 5 U.S.C. 301; 31 U.S.C. 901– 903; 7 CFR 2.28. § 416.1 [Amended] 4. Section 416.1 is amended as follows: ■ a. In paragraph (a), by removing the citation ‘‘2 CFR 200.101(e)(4) through ■ E:\FR\FM\16NOR1.SGM 16NOR1 Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations (6)’’ both times it appears and adding the citation ‘‘2 CFR 200.101(f)(4) through (6)’’ in its place. ■ b. In paragraph (b), by removing the citations ‘‘2 CFR 200.101(e)(4) through (6)’’ and ‘‘2 CFR 200.319(b)’’ and adding the citations ‘‘2 CFR 200.101(f)(4) through (6)’’ and ‘‘2 CFR 200.319(c)’’ in their places, respectively. Title 7—[Amended] PART 1780—WATER AND WASTE LOANS AND GRANTS 6. The authority citation for part 1780 continues to read as follows: ■ Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. § 1780.3 [Amended] 7. In § 1780.3(a), the definition of Simplified acquisition threshold is amended by removing the citation ‘‘2 CFR 200.88’’ and adding the citation ‘‘2 CFR 200.1’’ in its place. ■ PART 3430—COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL ASSISTANCE PROGRAMS— GENERAL AWARD ADMINISTRATIVE PROVISIONS 8. 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). § 3430.41 [Amended] 9. In § 3430.41, paragraph (b) is amended by removing the citation ‘‘section 210 of 2 CFR Part 200’’ and adding the citation ‘‘2 CFR 200.211’’ in its place. ■ Stephen Censky, Deputy Secretary, U.S. Department of Agriculture. [FR Doc. 2020–24502 Filed 11–13–20; 8:45 am] BILLING CODE 3410–90–P FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1600 and 1605 Simplification of Catch-Up Contribution Process Federal Retirement Thrift Investment Board. ACTION: Final rule. jbell on DSKJLSW7X2PROD with RULES AGENCY: The Federal Retirement Thrift Investment Board (‘‘FRTIB’’) is reducing paperwork burdens on participants who are eligible to make catch-up contributions by removing the regulation that requires them to submit SUMMARY: VerDate Sep<11>2014 17:17 Nov 13, 2020 Jkt 253001 two different contribution election forms. DATES: This rule is effective January 1, 2021. FOR FURTHER INFORMATION CONTACT: Austen Townsend, (202) 864–8647. SUPPLEMENTARY INFORMATION: The FRTIB 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 and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (IRC)(26 U.S.C. 401(k)). Normally, a TSP participant’s contributions to his or her account cannot exceed the statutory limits set forth in IRC section 402(g) (limiting the amount of traditional and Roth contributions to $19,500 for calendar year 2021) and IRC section 415(c) (limiting the total amount of traditional, Roth, tax-exempt, matching, and automatic 1% contributions to the lesser of 100% of the participant’s compensation or $58,000 for calendar year 2021). However, a TSP participant who is age 50 or older is permitted to make catch-up contributions to his or her TSP account beyond these statutory limits up to the dollar limit in IRC section 414(v), which is $6,500 for calendar year 2021. On January 23, 2020, the FRTIB published a proposed rule with request for comments in the Federal Register (85 FR 3857) to simplify the catch-up contribution process by no longer requiring participants to submit separate catch-up contribution election forms. The FRTIB received five comments on the proposed rule. Three comments expressed strong support for reducing the burden on participants by eliminating the separate catch-up contribution election forms. Two of the comments did not address the substance of the regulations. Therefore the FRTIB, is publishing the proposed rule as final without change. Although the regulatory text is being published without change, in order to avoid confusion, the FRTIB wishes to clarify the effect of the simplified catchup contribution process on the rules set forth at 5 CFR 1605.13 regarding back pay awards and other retroactive pay adjustments. If a TSP participant was age 50 or older during the year(s) to which a back pay award or other PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 72913 retroactive pay adjustment is attributable and the corrective contributions or make-up contributions exceed the IRC section 402(g) or 415(c) limit, then corrective contributions or make-up contributions will spill over toward the catch-up limit for those years, even if the contributions are attributable to years before 2021. However, catch-up contributions attributable to years before 2021 are not eligible for matching. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. This regulation will affect federal employees, members of the uniformed services who participate in the Thrift Savings Plan, and their beneficiaries. The TSP is a federal defined contribution retirement savings plan created by FERSA and is administered by the FRTIB. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the Paperwork Reduction Act. 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 1532 is not required. List of Subjects 5 CFR Part 1600 Taxes, Claims, Government employees, Pensions, Retirement. 5 CFR Part 1605 Claims, Government employees, Pensions, Retirement. Ravindra Deo, Executive Director, Federal Retirement Thrift Investment Board. For the reasons stated in the preamble, the FRTIB amends 5 CFR chapter VI as follows: PART 1600—EMPLOYEE CONTRIBUTION ELECTIONS, CONTRIBUTION ALLOCATIONS, AND AUTOMATIC ENROLLMENT PROGRAM 1. The authority citation for part 1600 continues to read as follows: ■ E:\FR\FM\16NOR1.SGM 16NOR1

Agencies

[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Rules and Regulations]
[Pages 72912-72913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24502]


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DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Parts 415 and 416

Rural Utilities Service

7 CFR Part 1780

National Institute of Food and Agriculture

7 CFR Part 3430


Department of Agriculture Regulations for Grants and Agreements; 
Update of Citations

AGENCY: Office of the Secretary, Rural Utilities Service, National 
Institute of Food and Agriculture, and Office of the Chief Financial 
Officer, Department of Agriculture.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Office of Management and Budget (OMB) revised sections of 
its Guidance for Grants and Agreements in August 2020. This final rule 
amends the regulations of several United States Department of 
Agriculture agencies to reflect the revised OMB guidance and make 
technical corrections to the Department's grants and agreements 
regulations.

DATES: Effective November 16, 2020.

FOR FURTHER INFORMATION CONTACT: Tyson Whitney, Office of the Chief 
Financial Officer, Director, Transparency and Accountability Reporting 
Division, United States Department of Agriculture, 1400 Independence 
Avenue SW, Washington, DC 20250-9011, 202-720-8978, 
[email protected].

SUPPLEMENTARY INFORMATION: The regulations in 2 CFR chapter IV set 
forth the United States Department of Agriculture's (USDA) regulations 
for grants and agreements. In a final rule published December 19, 2014 
(79 FR 75982), USDA's Office of the Chief Financial Officer adopted 2 
CFR part 200, along with an agency-specific addendum in a new 2 CFR 
part 400. The regulations in 2 CFR parts 415, 416, 418, and 422 were 
established. The regulations in 2 CFR chapter IV updated and replaced 
provisions that had previously been found in 7 CFR parts 3015, 3016, 
3018, 3019, 3022, and 3052.
    The regulations of several USDA agencies in title 7 refer to and 
cite the grants and agreements regulations. Following the publication 
of the various final rules establishing the regulations in 2 CFR 
chapter IV, those agencies updated their regulations so that they 
referred to the new grants and agreements regulations in title 2 rather 
than the predecessor regulations in title 7. As a result of the August 
13, 2020, publication of the Office of Management and Budget's 
``Guidance for Grants and Agreements'' (85 FR 49506), we have 
identified a number of instances where technical corrections are 
necessary. This final rule makes those technical corrections where 
needed.

Effective Date

    This rule relates to internal agency management and makes various 
nonsubstantive changes to the regulations in titles 2 and 7 of the Code 
of Federal Regulations to make technical corrections to the 
Department's grants and agreements regulations. Accordingly, notice and 
other public procedure on this rule are unnecessary and contrary to the 
public interest. Therefore, pursuant to 5 U.S.C. 553, notice of 
proposed rulemaking and opportunity to comment are not required and 
this rule may be made effective less than 30 days after publication in 
the Federal Register. Further, since this rule relates to internal 
agency management, it is exempt from the provisions of Executive Orders 
12866, 12988, and 13771. Finally, this action is not a rule as defined 
by the Regulatory Flexibility Act (5 U.S.C. 501) and, thus, is exempt 
from the provisions of that Act.

Paperwork Reduction Act

    This final rule contains no new reporting, recordkeeping, or third-
party disclosure requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

2 CFR Parts 415 and 416

    Accounting, Administrative practice and procedure, Agriculture, 
Auditing, Business and industry, Colleges and universities, Community 
development, Cost principles, Economic development, Government 
contracts, Grants administration, Grant programs, Grant programs--
housing and community development, Hospitals, Indians, Loan programs--
agriculture, Nonprofit organizations, Reporting and recordkeeping 
requirements, Rural areas, State and local governments.

7 CFR Part 1780

    Community development, Community facilities, Grant programs--
housing and community development, Loan programs--housing and community 
development, Reporting and recordkeeping requirements, Rural areas, 
Waste treatment and disposal, Water supply, Watersheds.

7 CFR Part 3430

    Administrative practice and procedure, Agriculture research, 
Education, Federal assistance.

    Accordingly, 2 CFR parts 415 and 416 and 7 CFR parts 1780 and 3430 
are amended as follows:

Title 2--[Amended]

PART 415--GENERAL PROGRAM ADMINISTRATIVE REGULATIONS

0
1. The authority citation for part 415 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 901-903; 7 CFR 2.28.


0
2. In Sec.  415.1, paragraphs (a)(1) and (b)(10) are revised to read as 
follows:


Sec.  415.1   Competition in the awarding of discretionary grants and 
cooperative agreements.

    (a) * * *
    (1) Potential applicants must be invited to submit proposals 
through publications such as the Federal Register, OMB-designated 
governmentwide website as described in 2 CFR 200.204, professional 
trade journals, agency or program handbooks, the Assistance Listings, 
or any other appropriate means of solicitation. In so doing, awarding 
agencies should consider the broadest dissemination of project 
solicitations in order to reach the highest number of potential 
applicants.
* * * * *
    (b) * * *
    (10) The Assistance Listings number and title.
* * * * *

PART 416--GENERAL PROGRAM ADMINISTRATIVE REGULATIONS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

0
3. The authority citation for part 416 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 901-903; 7 CFR 2.28.


Sec.  416.1  [Amended]

0
4. Section 416.1 is amended as follows:
0
a. In paragraph (a), by removing the citation ``2 CFR 200.101(e)(4) 
through

[[Page 72913]]

(6)'' both times it appears and adding the citation ``2 CFR 
200.101(f)(4) through (6)'' in its place.
0
b. In paragraph (b), by removing the citations ``2 CFR 200.101(e)(4) 
through (6)'' and ``2 CFR 200.319(b)'' and adding the citations ``2 CFR 
200.101(f)(4) through (6)'' and ``2 CFR 200.319(c)'' in their places, 
respectively.

Title 7--[Amended]

PART 1780--WATER AND WASTE LOANS AND GRANTS

0
6. The authority citation for part 1780 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.


Sec.  1780.3  [Amended]

0
7. In Sec.  1780.3(a), the definition of Simplified acquisition 
threshold is amended by removing the citation ``2 CFR 200.88'' and 
adding the citation ``2 CFR 200.1'' in its place.

PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL 
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVISIONS

0
8. 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).


Sec.  3430.41  [Amended]

0
9. In Sec.  3430.41, paragraph (b) is amended by removing the citation 
``section 210 of 2 CFR Part 200'' and adding the citation ``2 CFR 
200.211'' in its place.

Stephen Censky,
Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2020-24502 Filed 11-13-20; 8:45 am]
BILLING CODE 3410-90-P