This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

3046 

Vol. 76, No. 12 

Wednesday, January 19, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 185 

[Document No. AMS–TM–10–0088; TM–08– 

07] 

RIN 0581–AC83 

Farmers’ Market Promotion Program 

Regulation; Notice of Request for 

Approval of a New Information 

Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of proposed rule making 

and request for comments. 

SUMMARY: This proposed rule would 

establish regulations for the Agricultural 

Marketing Service’s Farmers’ Market 

Promotion Program (FMPP). The FMPP 

is a competitive grant program that 

makes funds available to eligible entities 

for projects to establish, expand, and 

promote farmers markets, roadside 

stands, community-supported 

agriculture programs, agritourism 

activities, and other direct producer-toconsumer marketing opportunities. The 

proposed rule would establish eligibility 

and application requirements, the 

review and approval process, and grant 

administration procedures for the 

FMPP. Additionally in accordance with 

the Paperwork Reduction Act of 1995 

(44 U.S.C. chapter 35), the Agricultural 

Marketing Service (AMS) announces its 

intention to request from the Office of 

Management and Budget (OMB) 

approval of a new information 

collection. Once approved, AMS will 

request OMB to merge this new 

collection into the currently approved 

information collection OMB 0581–0235, 

entitled Farmers’ Market Promotion 

Program. 

DATES: Comments received by March 21, 

2011 will be considered. Pursuant to the 

Paperwork Reduction Act, comments on 

the information collection burden that 

would result from this action must be 

received by March 21, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Contact Carmen Humphrey, Branch 

Chief, Marketing Grants and Technical 

Services Branch, Marketing Services 

Division, Transportation and Marketing 

Programs, Agricultural Marketing 

Service (AMS), USDA; 202/694–4000. 

ADDRESSES: Interested parties may 

comment on the proposed rule using the 

following procedures: 

• Mail to: Errol Bragg, Director, 

Marketing Services Division, 

Transportation and Marketing Programs, 

AMS, USDA, 1800 M Street, NW., Room 

3012–South Tower, Washington, DC, 

20036; or 

• Internet: http://www.regulations. 

gov. 

• Written comments should reference 

docket number AMS–TM–10–0088, 

TM–08–07; and the section number of 

the regulations the comment pertains to. 

• Clearly indicate whether you are in 

favor of or against the proposed rule and 

your reason for the comment. Include 

recommended changes, as appropriate, 

and any relevant documentation that 

supports your comments. Only relevant 

materials should be submitted. 

All comments submitted, including 

name and address, if provided, will be 

included in the record and made 

available to the public via http:// 

www.regulations.gov. 

Pursuant to the Paperwork Reduction 

Act, comments regarding the accuracy 

of the burden estimate, ways to 

minimize the burden, including the use 

of automated collection techniques or 

other forms of information collection 

technology, or any other form of 

information collection, should be sent to 

the above address. In addition, 

comments concerning the information 

collection should also be sent to the 

Desk Office of Agriculture, Office of 

Information Technology and Regulatory 

Affairs, OMB, New Executive Office 

Building, 725 17th Street, NW., Room 

725, Washington, DC 20503. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

The proposed rule has been 

determined to be not significant for the 

purposes of Executive Order 12866 and 

therefore has not been reviewed by the 

Office of Management and Budget. 

Public Law 104–4 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) (UMRA) 

requires Federal agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

more than $100 million annually 

(adjusted for inflation with a base year 

of 1995). This proposed rule does not 

meet the definition of a Federal mandate 

because the resulting annual State 

expenditures would not exceed the $100 

million threshold. The program is 

voluntary and local or tribal 

governments that choose to apply and 

qualify are eligible to receive grant 

funds. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. There are no 

administrative procedures that must be 

exhausted prior to any judicial 

challenge to the provisions of this rule. 

Executive Order 12372 

This program is subject to Executive 

Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015 subpart V). 

Executive Order 13132 

It has been determined that this rule 

does not have sufficient Federalism 

implications to warrant the preparation 

of a Federalism Assessment. The 

provisions contained in this rule would 

not have a substantial direct effect on 

States or their political subdivisions or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Regulatory Flexibility Act 

The AMS certifies that this rule will 

not have a significant economic impact 

on a substantial number of small entities 

as defined in the Regulatory Flexibility 

Act, Public Law 96–534, as amended (5 

U.S.C. 601 et. seq.) (RFA). The RFA 

defines three types of small entities: 

small businesses, small organizations, 

and small governmental jurisdictions. 

By nature of the FMPP grant program, 

this proposed rule would establish 

eligibility and application requirements 

for funding opportunities available to 

numerous small entities, including 

agricultural cooperatives, producer 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 3047 

networks, or producer associations; 

local governments; nonprofit 

corporations; public benefit 

corporations; economic development 

corporations; regional farmers’ market 

authorities; and Tribal governments. 

Producer networks and producer 

associations were added to the eligible 

entity list under the 2008 Farm Bill. 

Since 2006, however, agricultural 

cooperatives represented just 4.4 

percent, producer networks represented 

0.4 percent, and producer associations 

represented only 0.3 percent of all 

applications received under FMPP. 

These entities represent a total of only 

5.1 percent of all FMPP applicants. Over 

the past 4 years the majority of all 

applications, or 67.9 percent, were 

received from nonprofit corporations. 

AMS anticipates this trend will 

continue each year through fiscal year 

2012. 

AMS considers for-profit agricultural 

cooperatives, producer networks, and 

producer associations as almost 

exclusively small agricultural firms, 

defined by the Small Business 

Administration (SBA) (13 CFR 121.201) 

as those having annual receipts of less 

than $7,000,000 and that consist of a 

majority of small agricultural producers, 

defined by SBA as those having annual 

receipts of less than $750,000. The RFA 

defines a small organization as any notfor-profit enterprise that is 

independently owned and operated and 

not dominant in its field. The RFA also 

defines a small governmental 

jurisdiction as governments of cities, 

counties, town, townships, villages, 

school districts, or special districts with 

a population less than 50,000. AMS 

expects that these small organizations 

and governmental jurisdictions would 

represent or advocate on behalf of 

constituent groups comprised 

predominately of small producers. 

Additionally this proposed rule 

would establish procedures for these 

entities to apply for grant funds, provide 

a means of submitting payment 

requests, and define reporting 

requirements for awarded organizations. 

In addition, there are an estimated 69 

peer reviewers who would be comprised 

of representatives from entities that are 

eligible to apply for FMPP grant funds 

and which AMS expects to be 

predominately small entities. 

The proposed rule would not unduly 

burden or impose any discriminatory 

requirements for these eligible small 

entities or erect barriers that would 

restrict their ability to compete for 

available grant funds in the market. 

Catalog of Federal Domestic Assistance 

This program is listed in the Catalog 

of Federal Domestic Assistance under 

No. 10.168, Farmers’ Market Promotion 

Program. 

Authority for the Farmers’ Market 

Promotion Program 

This program would provide grant 

funds to establish, expand, and promote 

direct producer-to-consumer marketing 

projects. The FMPP grant program is 

authorized by the Farmer-to-Consumer 

Direct Marketing Act of 1976 (7 U.S.C. 

3001–3006) and the amendment to the 

1976 Act, the Farmers’ Market 

Promotion Program (7 U.S.C. 3005). 

Background 

The FMPP was created through 

amendments to the Farmer-to-Consumer 

Direct Marketing Act of 1976. The grants 

authorized by the FMPP, originally 

funded in 2006 and revised under the 

2008 Farm Bill (the Food, Conservation, 

and Energy Act of 2008, Pub. L. 110– 

246), are targeted to help improve and 

expand domestic farmers markets, 

roadside stands, community-supported 

agriculture programs, agritourism 

activities, and other direct producer-toconsumer marketing opportunities. 

Who administers FMPP, award grants, 

and oversees projects? 

AMS Transportation and Marketing 

Programs’ Marketing Services Division 

administers and oversees the 

implementation of projects under 

FMPP. 

Who Is eligible to apply for FMPP funds? 

∼ Eligible entities 

Eligible entities under FMPP are 

agricultural cooperatives, producer 

networks or associations (added under 

2008 Farm Bill); local governments; 

nonprofit corporations; public benefit 

corporations; economic development 

corporations; regional farmers’ market 

authorities; and Tribal governments. All 

entities must be owned, operated, and 

located within one of the 50 U.S. States 

or the District of Columbia. 

Are matching funds required? 

No. Matching funds are allowed but 

not required under FMPP. 

How can grant funds be used? ∼ Eligible 

grant projects 

FMPP projects should be designed 

‘‘(A) to increase domestic consumption 

of agricultural commodities by 

improving and expanding, or assisting 

in the improvement and expansion of, 

domestic farmers’ markets, roadside 

stands, community-supported 

agriculture programs, agri-tourism 

activities, and other direct producer-toconsumer market opportunities;’’ or ‘‘(B) 

to develop, or aid in the development 

of, new farmers’ markets, roadside 

stands, community-supported 

agriculture programs, agri-tourism 

activities, and other direct producer-toconsumer marketing opportunities.’’ 

Are there restrictions and limitations to 

FMPP Funds usage? ∼ Restrictions and 

limitations on grant funds 

Yes. FMPP funds cannot be used to 

pay for (1) the acquisition of land or the 

acquisition, construction, rehabilitation, 

or repair of a building or facility, (2) the 

development of and/or participation in 

political or lobbying activities, (3) 

projects already funded by another 

Federal agency, or (4) any activities 

prohibited by FAR 31.2 or 7 CFR parts 

3015, 3016, 3018, or 3019. 

Is AMS subject to any special 

requirements, restrictions, and 

limitations related to electronic benefits 

transfer (EBT)? ∼ EBT activities 

Yes. Pursuant to the 2008 Farm Bill, 

not less than 10 percent of the grant 

funds awarded by AMS in fiscal years 

2008–2012 shall be used to support the 

implementation of electronic benefits 

transfer (EBT) for Federal nutrition 

programs at farmers markets. This 

limitation only affects AMS’ ability to 

award grants, and not any specific grant 

once awarded. Eligible EBT projects 

must (1) not be used for funding the 

ongoing cost of carrying out any EBT 

project; and (2) demonstrate a plan to 

continue to provide EBT card access at 

one or more farmers markets following 

the receipt of a grant. AMS will 

designate these projects as ‘new EBT 

projects.’ Existing EBT projects, 

therefore, are projects where a farmers 

market already has an EBT terminal or 

system in place. 

Although existing EBT projects are 

eligible and can be funded under FMPP, 

to be considered under or counted 

toward the 10 percent legislative 

mandate the projects must be a new EBT 

project(s) at farmers markets. 

What are the application requirements? 

∼ Completed application package 

The following documentation must be 

submitted as an application package to 

AMS under FMPP: 

Æ Standard Form 424 ‘‘Application for 

Federal Assistance.’’ AMS uses this 

information to determine the entity’s 

eligibility for participation in the FMPP. 

Æ Standard Form 424A ‘‘Budget 

Information—Non-Construction 

Programs.’’ AMS uses this information 

to assess the suitability of the budget for 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
3048 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 

the proposed project and to ensure it 

conforms to the program guidelines. 

Æ Standard Form 424B, 

‘‘Assurances—Non-Construction 

Programs.’’ AMS uses this information 

to certify that grant participants are 

complying with applicable program 

regulations. 

Æ Project Proposal Narrative. The 

narrative must include a plan to show 

how the applicant will utilize FMPP 

grant funds. This narrative plan must 

also include a detailed, itemized 

supplemental budget summary that 

indicates the personnel being requested 

and any other items being requested for 

payment under FMPP. AMS provides 

instructions for completing the narrative 

and supplemental budget summary in 

their FMPP Guidelines annually, at the 

start of each new FMPP grant program 

year. All information about FMPP 

program requirements will also be made 

available at the FMPP Web site at http:// 

www.ams.usda.gov/FMPP. 

Æ Written Proof of Eligibility. Written 

proof of the applicant’s eligibility from 

a State or Federal source is also required 

as part of the application package. 

Æ Supporting Documents. Supporting 

documents, including letters of support, 

letters of project participation and 

implementation, and descriptions of the 

principal project manager and others 

involved in the project, are also strongly 

encouraged. 

Can an organization submit multiple 

applications? ∼ Maximum number of 

applications 

Yes. There is no limit to the number 

of applications or ideas an organization 

can submit to AMS. However, an 

organization can only receive one grant 

in a grant-funding year. 

When submitting multiple ideas, an 

applicant should submit similar ideas in 

one application package, i.e., an EBT 

start-up project may be submitted in one 

application, and a multiple market 

distribution project in a second 

application. 

Is there a fee for applying for FMPP 

funds? 

No. An applicant does not have to pay 

any fees to submit an application for 

grant funds under FMPP. However there 

are costs that would include burden 

hours for the respondents to complete 

the FMPP application, and any 

additional costs to mail the application 

package to AMS by regular or express 

carrier, as needed. 

How will grant applications be 

reviewed? ~ Review of grant 

applications 

Applications will be approved or 

rejected by AMS utilizing 

recommendations from entities that 

represent ‘peer’ and Departmental or 

other Federal and State government 

employee reviewers. 

(a) ‘Peer reviewers’ will be comprised 

of representatives from organizations 

that are eligible to apply for FMPP grant 

funds. These are: agricultural 

cooperative organizations, producer 

network organizations, and producer 

network associations organizations; 

local governments; nonprofit 

corporations; public benefit 

corporations; economic development 

corporations; regional farmers’ market 

authorities; and Tribal governments. 

Peer reviewers will not be eligible to 

serve as a reviewer if they are (i) 

employed by, volunteer for, or serve as 

a board member or other type of 

committee/team member for the 

organization that submitted an 

application that same year under FMPP; 

or (ii) a proposed subcontractor or 

financial beneficiary in a budget from 

any organization submitting an 

application that same year under FMPP. 

(b) Reviewers will utilize the 

evaluation criteria provisions published 

annually in the FMPP Guidelines and 

Notice of Funds Available. The criteria 

may change based on the priorities for 

annual funding. AMS may request the 

applicant provide additional 

information or clarification. 

Is there a contract or grant agreement 

with awardees? ∼ Grant agreements 

Yes. AMS will enter into a grant 

agreement with awardees. The grant 

agreement is used as documentation of 

the agreed upon responsibilities of AMS 

and the awardee(s) performing the 

project work. AMS grant agreements 

will include, at a minimum, the 

following: the project(s) in the approved 

plan, the beginning date and ending 

date of the project work, the total 

amount of Federal financial assistance 

that will be awarded, and the terms and 

conditions pursuant to which AMS will 

fund the project(s). 

Once an organization receives a grant 

when can they reapply? ∼ Consecutive 

grants 

An organization or entity that has 

received an FMPP grant may apply for 

future grants, but only after the current 

(existing) grant has been completed and 

AMS has accepted and approved all 

documentation and reports. The entity 

may then re-apply 12 months from this 

acceptance and approval date. AMS will 

not provide two consecutive grants to 

any entity. AMS has developed this 

system in an effort to provide grant 

funding opportunities to as many new 

awardees each year as possible in order 

to support the rapidly growing number 

of farmers markets and other direct 

marketing organizations. This system 

has also been designed to avoid 

repeated funding of one entity for the 

same or similar project activities. 

Here are two examples: First, a grant 

awarded in fiscal year 2010 for a 12- 

month project begins on October 1, 

2010. The project is completed by 

September 30, 2011. All required 

documentation and reports are 

submitted and accepted by AMS no 

later than 90-days after project 

completion, i.e., December 31, 2011. 

The fiscal year 2010 awardee may then 

re-apply to FMPP after December 31, 

2011, for the fiscal year 2012 funding 

cycle. 

Second, if a 6-month grant extension 

is approved by AMS, the original 12- 

month fiscal year 2010 grant award 

would complete the project on March 

30, 2012. All required documentation 

and reports are submitted and accepted 

by AMS no later than 90-days after 

project completion, i.e., June 30, 2012. 

The fiscal year 2010 awardee may then 

re-apply to FMPP until after July 1, 

2012, for the fiscal year 2013 funding 

cycle. 

What are the awardee reporting 

requirements? 

Awardees are required to provide 

AMS the following written project and 

financial reports: 

• Semi-Annual Performance and 

Final Performance Reports. The 

Performance (progress) Report is written 

documentation required by awardees to 

notify AMS about the work activities 

and progress towards completing the 

awardees’ established project workplan 

goals, objectives, and timelines. A 

performance report is required every six 

months after the start date of the grant 

agreement. A one-time final 

Performance Report is required to be 

submitted within 90 days after the 

ending date of the grant agreement. If 

the project is one year or less, then only 

one performance report and a final 

performance report are required. This 

information is utilized by AMS as final 

documentation of completion of the 

workplan goals, objectives, and 

activities. 

• Federal Financial Report and Final 

Financial Reports. A Federal Financial 

Report must be submitted every four 

months, after the receipt of Federal 

grant funds, until the expiration of the 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 3049 

grant period, to provide the Agency 

information to monitor the financial 

status of the organization’s grant project. 

A final Federal Financial Report is also 

required 90 days after the expiration 

date of the grant period. If the project is 

one year or less, then only two financial 

reports and a final Financial Report are 

required. The Financial Report includes 

the amount of Federal cash 

disbursements, receipts, and cash on 

hand; Federal expenditures and 

unobligated balances; and any program 

income earned during the reporting 

period. This information will be used by 

the Agency to determine the use of cash 

provided by FMPP and the 

organization’s spending practices in 

correlation to the project performance 

reports. 

Each year FMPP grant funds are 

available AMS intends to publish a 

Notice in the Federal Register 

indicating: That applications may be 

submitted for participation in the 

competitive FMPP grant review process, 

and the maximum FMPP funding level 

available that fiscal year to applicants. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the FMPP information 

collection is currently approved by 

OMB control number 0581–0235 

Farmers’ Market Promotion Program, 

which is an estimated 20,892 total 

annual burden hours. AMS is requesting 

OMB approval of a new information 

collection. When the final rule is 

approved, AMS will request OMB to 

consolidate this NEW collection into the 

currently approved collection OMB 

0581–0235 Farmers’ Market Promotion 

Program. This request would create one 

voluntary form and eight mandatory 

forms: 

• Form ‘‘TM–31, FMPP Supplemental 

Budget Summary and Instructions—For 

EBT Projects’’—voluntary for applicants. 

• The ‘‘FMPP Guidelines’’— 

mandatory for applicants and awardees. 

• ‘‘Written Proof of Eligibility’’— 

mandatory for applicants. 

• ‘‘Registration with the Central 

Contractor Registry’’—mandatory for 

applicants. 

• Form ‘‘AMS–34, AMS Conflict-OfInterest and Confidentiality Statement 

For Grant Reviewers’’—mandatory for 

reviewers. 

• Form ‘‘TM–32, FMPP Grant Peer 

Reviewer Qualifications Template’’— 

mandatory for reviewers. 

• Form ‘‘TM–33, FMPP Reviewer 

Declaration of Intent’’—mandatory for 

reviewers. 

• Form ‘‘AMS–33, United States 

Department of Agriculture, Agricultural 

Marketing Service, Agreement Face 

Sheet’’—mandatory for awardees. 

• Form ‘‘TM–34, FMPP Grant 

Program, General Terms and 

Conditions’’—mandatory for awardees. 

Title: Farmers’ Market Promotion 

Program. 

OMB Number: 0581–NEW. 

Expiration Date of Approval: 3 years 

from approval. 

Type of Request: A new information 

collection. 

Abstract: The Farmers’ Market 

Promotion Program (FMPP) was created 

through an amendment of the Farmerto-Consumer Direct Marketing Act of 

1976. The grants authorized by the 

FMPP, originally funded in 2006 and 

revised under the 2008 Farm Bill, are 

targeted to help improve and expand 

domestic farmers markets, roadside 

stands, community-supported 

agriculture programs, agritourism 

activities, and other direct producer-toconsumer marketing opportunities. 

Entities eligible to apply are agricultural 

cooperatives, producer networks, 

producer associations, local 

governments, nonprofit corporations, 

public benefit corporations, economic 

development corporations, regional 

farmers market authorities, and Tribal 

governments. 

AMS provides voluntary forms to be 

used to complete the narrative and 

supplemental budget summary and 

requires that additional information be 

provided with the application. The 

forms are available via the AMS Web 

site at http://www.ams.usda.gov/FMPP: 

1. ‘‘TM–31, FMPP Supplemental 

Budget Summary and Instructions—For 

EBT Projects Only’’—AMS will create 

this new voluntary form for applicants 

developing and budget requests for new 

and existing EBT projects only and will 

include instructions for its use. 

2. ‘‘Written Proof of Eligibility’’—In 

addition to an explanation in the 

narrative of how the applicant/ 

organization qualifies as an eligible 

entity, written proof from a State or 

Federal source must also be provided in 

the application package. This 

documentation may include, for 

example for a nonprofit, a copy of the 

organization’s letter of determination 

from the State or Internal Revenue 

Service indicating the date of 

incorporation as a nonprofit. 

In addition to the requirements above, 

any applicant applying for Federal 

funding must register with the Central 

Contractor Registry at http:// 

www.CCR.gov. 

3. Registration with Central 

Contractor Registry. The Central 

Contractor Registry (CCR) is the primary 

registrant database for the U.S. Federal 

Government. The CCR collects, 

validates, stores, and disseminates data 

in support of agency acquisition 

missions, including Federal agency 

contracts, grants, cooperative 

agreements, and other forms of Federal 

assistance and assistance awards. 

Whether applying for assistance awards, 

contracts, grants, or other business 

opportunities, all entities are considered 

‘‘registrants.’’ 

CCR has its origins in the Federal 

Financial Assistance Management 

Improvement Act of 1999, also known 

as Public Law 106–107. Both current 

and potential Federal government 

registrants and entities applying for 

assistance awards from the Federal 

government, via either Grants.gov or 

hard copy submission, are required to 

register with CCR in order to be 

awarded funds by the Federal 

government. 

The type of information requested by 

CCR includes, but is not limited to: 

a. General information, including 

organization DUNS number, Federal 

Tax Identification Number (TIN), 

location, employee numbers, and web 

site address. 

b. Corporate Information, including 

organization or business type and SBAdefined socioeconomic characteristics. 

c. Financial Information, including 

financial institution, American Banking 

Association (ABA) routing number, 

account number, remittance address, 

lock box number, automated clearing 

house (ACH) information, and credit 

card information. 

d. Point of Contact Information, 

including the primary and alternate 

points of contact and the electronic 

business, past performance, and 

government points of contact. 

Registrants are required to complete 

the one-time CCR registration to provide 

information relevant to procurement 

and financial transactions. CCR shares 

the data received from registrants with 

the Federal government. AMS will use 

this information in establishing its 

electronic (direct deposit) payment 

system. Note that the CCR registration 

does not guarantee business with the 

AMS/FMPP or any other Federal 

government agency. 

AMS will request potential grant 

reviewers to complete the following 

form: 

1. ‘‘TM–32, FMPP Grant Peer Reviewer 

Qualifications Template’’—AMS will 

utilize this mandatory form for 

reviewers to complete and submit their 

personal or work qualifications and 

resume. Reviewers must have a general 

knowledge of direct producer-toconsumer marketing that includes 

operational aspects of farmers markets, 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
3050 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 

farms and production/ranching, 

roadside stands, CSAs, agritourism, 

and/or electronic benefits transfers 

projects. Reviewers will apply their 

knowledge and expertise in these areas 

to objectively assess applications and 

provide both a numeric score and 

written comments for each application. 

The form will contain a checklist for 

potential reviewers to identify their 

employment and experience. Boxes will 

be provided for potential reviewers to 

indicate (a) their area of experience or 

expertise, such as farmers market 

management; and (b) whether the 

person is a current or retired nonprofit, 

for-profit, or Federal/State government 

employee. As such, AMS will review 

and may revise the form annually. AMS 

may also request additional information 

or clarification from potential reviewers. 

The reviewer qualifications will be 

used to determine whether a reviewer is 

qualified to serve as part of the grant 

review process. 

AMS will also require anyone serving 

as a grant reviewer to comply with and 

sign the following: 

1. ‘‘AMS–34, AMS Conflict-Of-Interest 

and Confidentiality Statement For Grant 

Reviewers’’—This mandatory form for 

reviewers to sign indicates compliance 

with the conflict of interest and 

confidentiality requirements. Regarding 

confidentiality, reviewers must agree 

not to copy, quote, or otherwise use or 

disclose to anyone, any information 

from any application. Reviewers must 

also agree with the conflict of interest 

requirements, which include that the 

reviewer does not have: (1) A direct 

financial interest in the review outcome; 

or have direct and predictable financial 

interests in the outcome; (2) indirect 

interests with the organization or 

personnel submitting an application 

under FMPP; or (3) any relationship, 

such as a close personnel friendship, 

that may affect the reviewers’ judgment 

or be seen as doing so by a reasonable 

person familiar with the relationship. 

2. ‘‘TM–33, FMPP Reviewer 

Declaration of Intent’’—AMS will utilize 

this mandatory form for reviewers to 

sign indicating they have not submitted 

an application under FMPP that funding 

year. Peer reviewers will not be eligible 

to serve as a reviewer if they are (i) 

employed by, volunteer for, or serve as 

a board member or other type of 

committee/team member for an 

organization that submitted an 

application that same year under FMPP; 

or (ii) a proposed subcontractor or 

financial beneficiary in a budget from 

any organization submitting an 

application that same year under FMPP. 

Before grant funds are dispersed, 

applicants that are selected (awardees) 

must comply with the terms and 

conditions of the grant and sign the 

grant agreement. The AMS will publish 

the ‘‘FMPP Guidelines’’ which contain 

information regarding how to complete 

a grant application package and the 

Agency’s post-award requirements, 

along with a public notice of funds 

being made available. The FMPP 

Guidelines will be revised annually and 

posted on the AMS Web site at http:// 

www.ams.usda.gov/FMPP. While this 

document is not signed, applicants must 

read and utilize this document to 

prepare their application and 

understand the terms and conditions of 

the grant award. The grant agreement 

will include: 

1. ‘‘TM–34, FMPP Grant Program, 

General Terms and Conditions’’—This is 

a mandatory form for awardees 

indicating compliance with terms and 

conditions of the award and all Federal 

grant regulations and administrative 

requirements including 7 CFR parts 

3015, 3016, 3018, 3019; and FAR 31.2. 

(The burden hours for this new form are 

already accounted for under the OMB 

0851–0235, Farmers’ Market Promotion 

Program). The document also includes 

awardee assurances and certifications 

(thereby eliminating the Agency’s need 

for applicants to sign forms AD–1047, 

AD–1048, and AD–1049); changes in 

project contacts, leaders, managers, and 

staff; cost principles; actions that need 

prior approval; performance monitoring; 

reporting requirements; and payment 

requirements. 

The FMPP Grant Program General 

Terms and Conditions may be updated 

annually to reflect mandatory additions 

and other changes made by regulatory or 

Office of Management and Budget grant 

requirements. The document is 

currently made available to applicants 

and awardees via the AMS website, and 

does not require a signature. It will also 

be included, by reference, the signed 

grant agreement face sheet. 

2. ‘‘AMS–33, United States 

Department of Agriculture, Agricultural 

Marketing Service, Agreement Face 

Sheet’’—This is a mandatory form for 

awardees to sign indicating compliance 

with terms and conditions of the grant 

award, project work approved, and 

receipt of grant funding. The sheet 

includes the grant authority; funding 

dollar amount; awardee and Federal 

contacts names, address, email 

addresses, and phone and fax numbers; 

agreement number; project title, 

objectives, and statement of work; 

project work beginning and ending 

dates; and awardee and AMS Associate 

Administrator signatures. Three (3) 

copies of this agreement are required 

with the awardee’s and the AMS 

Associate Administrator’s signatures 

and dated for each grant. 

The 2008 Farm Bill authorizes 

funding for grants under FMPP, 

allocating mandatory funds from the 

Commodity Credit Corporation, from 

2009 through 2012 with $5 million for 

each year of 2009 and 2010, and $10 

million for each year of 2011 and 2012. 

With this increase in funding made 

available, and a focus of funding new 

EBT projects, AMS anticipates an 

increase in the number of applications 

being submitted and an increase in the 

burden hours. In fiscal year 2010, nearly 

one-half of all the project ideas 

submitted for funding were for new or 

existing EBT-related project work. 

With the approval of this new 

collection and when the final notice is 

published, AMS will request that OMB 

consolidate these new burden hours 

into the currently approved information 

collection OMB 0581–0235. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 2.322 hours per 

response. 

Respondents: Same respondents as for 

the overall collection package: 

Agricultural Cooperatives, Producer 

Networks or Producer Associations; 

Local Governments; Nonprofit 

Corporations; Public Benefit 

Corporations; Economic Development 

Corporations; Regional Farmers’ Market 

Authorities; and Tribal Governments. 

Estimated number of respondents: 

1,575. 

Estimated total annual responses: 

4,925. 

Estimated number of responses per 

respondent: 3.127. 

Estimated total annual burden on the 

respondents: 11,437 hours. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA) that requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

• Voluntary form TM–31 can be filled 

out electronically from the AMS Web 

site and printed out for submission. For 

Grants.gov applicants the proposal 

narrative and supplemental budget 

summary can also be filled out 

electronically and submitted as an 

attachment through Grants.gov during 

the FMPP application process. 

Additionally, Grants.gov applicants are 

not required to submit any additional 

(hard copy) paperwork to AMS. 

• Form TM–34 will be made available 

via the FMPP website and can be 

printed for awardees personal records. 

A copy of this form is provided by AMS 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 3051 

to awardees with the grant agreement. 

There is no need to return this form to 

AMS. 

• Form AMS–33 is completed by 

AMS and will be mailed to awardees for 

their original signature. 

• Forms AMS–34, TM–32, and TM– 

33 will be made available via the AMS 

Web site and, once signed by reviewers 

can be scanned, e-mailed, or faxed to 

AMS. 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the proposed 

regulations and USDA’s oversight, 

including whether this information will 

have practical utility; (2) the accuracy of 

USDA’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments concerning the 

information collection requirements 

contained in this action should 

reference OMB 0581–NEW and the 

Farmers’ Market Promotion Program. In 

addition, the docket number, date, and 

page number of this issue of the Federal 

Register also should be referenced. 

Comments should be sent to the same 

address referenced in the ADDRESSES

section of this rule. 

OMB is required to make a decision 

concerning the collection of information 

contained in this rule between 30 and 

60 days after publication. Therefore, a 

comment to OMB is best assured of 

having its full affect if OMB receives it 

within 30 days of publication. 

This proposed rule would establish 

the FMPP grant process, as follows: 

List of Subjects in 7 CFR Part 185 

Farmers’ Market Promotion Program, 

FMPP, FMPP guidelines, FMPP 

application requirements, FMPP 

voluntary narrative and budget forms, 

FMPP reviewer information, reviewer 

confidentiality, FMPP grant agreement, 

and FMPP awardee grant acceptance 

terms and conditions. 

For the reasons set forth in the 

preamble, it is proposed that Chapter 1 

of title 7 of the Code of Federal 

Regulations be amended by adding 

subchapter I and part 185 to read as 

follows: 

Subchapter I—Grant Programs 

PART 185—FARMERS’ MARKET 

PROMOTION PROGRAM 

Sec. 

185.1 Grant program scope. 

185.2 Definitions. 

185.3 Eligible entities for grant funds. 

185.4 Eligible grant project. 

185.5 Eligible grant project—EBT activities. 

185.6 Restrictions and limitations on grant 

funds. 

185.7 Project narrative. 

185.8 Completed application package. 

185.9 Maximum number of applications. 

185.10 Review of grant applications. 

185.11 Grant agreements. 

185.12 Consecutive grants. 

185.13 Post award requirements. 

185.14 Program income. 

185.15 Reporting and oversight 

requirements. 

Authority: 7 U.S.C. 3001–3006. 

§ 185.1 Grant program scope. 

Pursuant to the authority conferred by 

the Farmer-to-Consumer Direct 

Marketing Act of 1976 (7 U.S.C. 3001– 

3006) and the amendment to the 1976 

Act, the Farmers’ Market Promotion 

Program (7 U.S.C. 3005), AMS intends 

to make competitive grant funds 

available to eligible entities for projects 

to establish, expand, and promote 

farmers markets and direct producer-toconsumer marketing, in accordance 

with the terms and conditions set forth 

herein and other applicable Federal 

statutes and regulations including, but 

not limited to, 7 CFR parts 3015, 3016, 

3018, and 3019. 

§ 185.2 Definitions. 

(a) Agency Fiscal Year means the 

Agricultural Marketing Service’s 

operating year which begins on October 

1 and ends on September 30. 

(b) AMS means the Agricultural 

Marketing Service of the United States 

Department of Agriculture. 

(c) Application means a grant 

application package, which includes all 

forms, narrative, budget, and other 

required information as specified in 7 

CFR 185.8, that is submitted to AMS 

under the Farmers’ Market Promotion 

Program (FMPP) for FMPP grant funds. 

(d) Awardee means the entity to 

which a grant is awarded and which is 

accountable for the use of the funds 

provided. The awardee is the entire 

legally eligible entity, even if only a 

particular component of the entity is 

designated in the grant agreement. 

(e) Agricultural cooperative means a 

group- or member-owned entity or 

business that provides, offers, or sells 

agricultural products or services for the 

mutual benefit of the members thereof. 

(f) Agritourism means the act of 

consumers visiting a working farm or 

any agricultural or agribusiness 

operation for the purpose of enjoyment, 

education, or active involvement in the 

activities of the farm or operation. 

Agritourism projects must meet the 

scope and eligible fund usages for the 

grant program prescribed in § 185.1 and 

185.4. 

(g) Consumer means a person that 

buys goods or services and consumes it 

or uses it for direct personal use or 

ownership, rather than for resale or use 

in mass production and manufacturing. 

(h) Community-supported agriculture 

(CSA) program means a farm 

business(es) or group of farmers/ 

producers that develop a partnership 

with consumers. Typically consumers 

pay for farm products in advance; and 

in turn, the farm business commits to 

supplying sufficient quantity, quality, 

and variety of products and delivering 

those products directly to the consumer 

or to a common distribution location for 

consumer pick-up. 

(i) Direct producer-to-consumer 

marketing means agricultural marketing 

enterprises where farmers or vendors 

sell their own products directly to 

consumers. 

(j) Economic development corporation 

means an organization whose mission is 

the improvement, maintenance, 

development and/or marketing or 

promotion of a specific geographic area. 

(k) Electronic benefits transfer (EBT) 

means an electronic system that allows 

a recipient to authorize transfer of their 

government benefits from a Federal/ 

State account to a retailer/business 

account to pay for products authorized 

and received under food stamps and 

other government benefit programs. 

(l) Equipment means any tangible, 

nonexpendable, personal property, 

including exempt property charged 

directly to the grant having: A useful life 

of more than 1 year, and an acquisition 

cost of $5,000 or more per unit. 

(m) Existing EBT project means a 

farmers market, facility, or other 

establishment that already has 

electronic benefits transfer (EBT) 

terminals and an EBT system in place at 

the market, facility, or establishment. 

(n) Farmers market means a public 

and recurring assembly of farmers, their 

employees, and/or vendors that sell 

agricultural products that they have 

grown, raised, or produced, directly to 

consumers. The extent to which a 

farmer and/or vendor sells other 

farmer’s food and/or other agricultural 

products to enhance the market’s 

diversity is under the discretion of 

market management. 

(o) Grant agreement means the signed 

documentation that designates an 

agreement between AMS and the 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
3052 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 

awardee entity performing the awarded 

project work. The agreement will 

include, at a minimum: The approved 

project plan(s), the project dates, the 

total amount awarded, and the terms 

and conditions pursuant to which AMS 

funds the project(s). 

(p) Grant period means the period of 

time from when the grant agreement is 

signed until the completion of all 

projects submitted in the proposal 

narrative plan. 

(q) Indirect cost means cost(s) 

incurred for common or joint objectives 

that can not be readily identified with 

a particular final project cost objective. 

(r) Local government means any unit 

of local government within a State, 

including a county, borough, 

municipality, city, town, township, 

parish, local public authority, special 

district, school district, intrastate 

district, council of governments, and 

any other instrumentality of local 

government. 

(s) New EBT project means a new or 

start-up electronic benefits transfer 

(EBT) initiative at a farmers market 

where the facility has not initiated or 

implemented EBT. 

(t) Nonprofit corporation means any 

organization or institution, including 

nonprofits with State or IRS 501(c) 

status and accredited institutions of 

higher education, where no part of the 

net earnings of which inures to the 

benefit of any private shareholder or 

individual. 

(u) Program income means gross 

income earned by the awardee that is 

directly generated by a supporting 

activity or earned as a result of the grant 

award, in accordance with 7 CFR parts 

3015, 3016, and 3019. 

(v) Producer association means an 

organization or other business entity 

that assists, represents, or serves 

producers or a producer network. 

(w) Producer network means a 

producer group- or member-owned 

organization or business entity that 

provides, offers, or sells agricultural 

products or services through a common 

distribution system for the mutual 

benefit of the members thereof. 

(x) Project means all proposed 

activities to be funded by the FMPP. 

(y) Proposal narrative means the 

written proposed project activities and 

planned use of funds submitted for 

funding in the grant application. 

(z) Public benefit corporation means a 

corporation organized to construct or 

operate a public improvement, the 

profits from which inure to the benefit 

of a State(s) or to the people thereof. 

(aa) Regional farmers’ market 

authority means an entity that 

establishes and enforces regional, State, 

or county policies and jurisdiction over 

regional, State, or county farmers 

markets. 

(bb) Roadside stand means a stand or 

kiosk located along the side of a road 

where a farmer or other agricultural 

vendor sells agricultural and/or other 

agricultural products that they have 

grown, raised, or produced, directly to 

consumers. 

(cc) States means all 50 U.S. States 

and the District of Columbia. 

(dd) Supplies means any tangible, 

personal property other than equipment 

as defined in § 185.2(l), excluding debt 

instruments and inventions defined in 7 

CFR 3019.2(hh). 

(ee) Supplemental budget summary 

means a detailed, itemized list of 

personnel, travel, equipment, and/or 

other items or costs that are being 

requested for payment by FMPP funds 

to fulfill the proposed grant project 

activities. The supplemental budget 

summary is the budget portion of the 

project narrative, details of which are 

provided in § 185.7(o), and is more 

specific in budget details than the 

required SF–424A budget. 

(ff) Tribal government means a 

governing body or a governmental 

agency of any Indian tribe, band, nation, 

or other organized group or community 

(including any native village as defined 

in section 3 of the Alaska Native Claims 

Settlement Act, 85 Stat. 688 (43 U.S.C. 

1602)) certified by the Secretary of the 

Interior as eligible for the special 

programs and services provided through 

the Bureau of Indian Affairs. 

(gg) United States means any of the 50 

states or the District of Columbia. 

§ 185.3 Eligible entities for grant funds. 

(a) Eligible grant applicants are 

agricultural cooperatives, or producer 

networks or associations; local 

governments; nonprofit corporations; 

public benefit corporations; economic 

development corporations; regional 

farmers’ market authorities; and Tribal 

Governments. 

(b) All entities must be owned, 

operated, and located within the United 

States. 

(c) Entities must provide written proof 

of their eligibility, from State or Federal 

sources, to be eligible for and/or receive 

grant funds. 

§ 185.4 Eligible grant project. 

(a) To be eligible for a grant, the 

project(s) must establish, expand, or 

promote farmers markets or direct 

producer-to-consumer marketing 

activities within the United States. In 

general, the project(s) must increase 

domestic consumption of agricultural 

commodities by: 

(1) Improving and expanding, or 

assisting in the improvement and 

expansion of, domestic farmers markets, 

roadside stands, community-supported 

agriculture programs, agritourism 

activities, or other direct producer-toconsumer market opportunities; or 

(2) Developing, or aiding in the 

development of, new farmers markets, 

roadside stands, community-supported 

agriculture programs, agritourism 

activities, or other direct producer-toconsumer marketing opportunities. 

(b) To be eligible for a grant, the 

project(s) must be completed within 24 

calendar months after the grant 

agreement prescribed in § 185.11 is 

signed. The grant period is established 

by the approved project timelines 

submitted in the application proposal 

narrative and approved and 

documented by AMS in the grant 

agreement. For cause, however, an 

extension of the grant period not to 

exceed six (6) additional months may be 

granted by AMS on a case by case basis 

with a written request. Including the 

original 24-month grant period and any 

approved extensions, an FMPP grant 

period will not exceed 30 months (2.5 

years). 

§ 185.5 Eligible grant project—EBT 

activities. 

(a) All electronic benefits transfer 

(EBT) projects are eligible for grant 

funding. 

(b) Not less than 10 percent of the 

grant funds awarded by AMS in Agency 

fiscal years 2008 through 2012, 

however, shall be used to support the 

use of EBT for Federal nutrition 

assistance programs at farmers markets 

as follows: 

(1) The EBT project is a new or startup EBT initiative at a farmers market; 

(2) The EBT projects must not be used 

for funding the ongoing cost of carrying 

out any EBT project; and 

(3) The applicant must also 

demonstrate a plan to continue to 

provide EBT card access at one or more 

farmers markets following the receipt of 

a grant. 

§ 185.6 Restrictions and limitations on 

grant funds. 

(a) Grant funds may not be used to 

pay for: 

(1) The purchase, construction, 

rehabilitation, or repair of a building or 

facility. 

(2) The acquisition of land. 

(3) The development of and/or 

participation in political or lobbying 

activities (7 CFR part 3018). 

(4) Projects already funded by another 

Federal agency. An application that 

duplicates or overlaps substantially 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 3053 

with a project activity or application 

already reviewed and funded by another 

Federal agency will not be funded by 

FMPP. 

(5) Other activities prohibited by 7 

CFR parts 3015, 3016, 3018, or 3019. 

(b) Not more than 10 percent of the 

total funds budgeted of any proposal 

may be used for indirect costs. The 

supplemental budget summary narrative 

explanation must include an 

explanation of how the indirect cost rate 

was determined and what it includes. 

§ 185.7 Project narrative. 

The project proposal narrative must 

include a plan to explain how FMPP 

grant funds will be used. The narrative 

must include: 

(a) Project Title. Must capture the 

primary focus of the project, and match 

the title provided on Form SF–424. 

(b) Organization Information. Provide 

the name of the organization applying 

for grant funds, contact name, mailing 

address, and telephone and fax number. 

Also provide the e-mail address for the 

person designated to answer questions 

about the organization’s application, 

project information, and the proposed 

budget request. 

(c) Primary Project Manager 

Information. Provide the name, mailing 

address, telephone and fax number, and 

email address for the person(s) 

responsible for managing and/or 

overseeing the project. 

(d) Requested FMPP Funding and 

Matching Funding. Indicate the dollar 

amount requested from FMPP and the 

amount of matching funding (not 

required) that will be provided. 

(e) EBT, Equipment, Supplies, and 

Promotional Projects. Questions will be 

asked whether the project proposal 

includes a new or existing EBT 

component, equipment, supplies, and 

promotional items/services; applicants 

must indicate by answering Yes or No. 

(f) Entity Type/Eligibility Statement. 

Indicate the entity type of the applicant/ 

organization. Provide an explanation of 

how the applicant/organization qualifies 

as an eligible entity. Although not 

required as part of the narrative, written 

proof of eligibility must also be 

provided from a State or Federal source 

in the application package. Applications 

that do not contain this documentation 

or provide sufficient information to 

determine the eligibility of the applicant 

will not be considered. 

(g) Executive Summary. Should not 

exceed 200 words and must include the 

following: A project description, goals 

to be accomplished, stages of work and 

resources required, and expected 

timeframe for completing all tasks and 

results. 

(h) Goals of the Project. Provide a 

clear statement (no more than two 

sentences) focusing on the ultimate 

goal(s) and objective(s) of the project. 

(i) Background Statement. Provide 

specific information affecting the project 

or projects. Describe past, current, and/ 

or future events, conditions, or actions 

taken that justify the need for each 

project. Correlate the background and 

purpose of the activity to support the 

particular project issue. 

(j) Work-plan and Resource 

Requirements. Provide a statement that 

includes the planned scope of work, 

anticipated stages and timelines, and 

the resources required to complete the 

project. Identify who will do the work, 

whether collaborative arrangements or 

subcontractors will be used, the 

resource commitments of the 

collaborators, and the role(s) and 

responsibilities of each collaborator or 

project partner. Indicate in-kind and 

volunteer work. The anticipated stages/ 

steps and timelines for each project 

activity must also be provided. 

(k) Expected Outcomes and Project 

Evaluation. Describe what is to be 

accomplished, the expected results, and 

how success will be measured at the 

completion of the project. The 

quantitative and qualitative evaluation 

measurement of the project’s impact 

must be identified. 

(l) Beneficiaries. Describe which 

individuals, organizations, and/or 

entities will benefit from the project 

outcome and how they will benefit. 

(m) Evaluation Criteria Statements 

(effective January 1, 2010). All 

applications will be evaluated against 

the criteria in the ‘‘Proposal Evaluation 

Criteria,’’ which can be found in the 

FMPP Guidelines at www.ams.usda.gov/ 

FMPP. This criteria may be changed 

(annually) depending on the Agency’s 

funding priorities. Use the evaluation 

criteria as headings. Address and 

summarize how the project addresses 

each criterion. Provide references in the 

work-plan and other narrative sections, 

as needed, to justify the merit of each 

criterion. 

(n) Existing and Pending Support 

(effective January 1, 2010). List all 

current and pending public or private 

support to which personnel identified 

in the narrative have committed 

portions of their time, whether or not 

salary support for persons involved is 

included in the FMPP budget request. 

An application that duplicates or 

overlaps substantially with an 

application already reviewed and 

funded by another Federal agency will 

not be funded under FMPP. 

(o) Supplemental Budget Summary. 

Provide sufficient detail about the 

budget categories listed on Form SF– 

424A. This budget is required and 

supplements, but does not replace, the 

SF–424A. All requested budget items 

and activities must: 

(1) Be itemized, listing separately 

each item, its costs, and use. 

(2) Correlate to the purpose/goals of 

the project and demonstrate that they 

are reasonable and adequate for the 

proposed work. 

(3) Not include matching funds or inkind work and items. 

(4) Be substantiated in a written 

budget narrative. 

(p) Primary Proposal Activity. Each 

FMPP application must clearly identify 

the primary proposal activity. Identify 

only one specific activity that meets the 

proposal’s main goal and objective. 

(q) Secondary Proposal Activity. List 

all other activities (as many as are 

applicable) that meet the remaining 

goals and objectives. 

§ 185.8 Completed application package. 

Completed applications shall be clear 

and succinct and shall include the 

following documentation satisfactory to 

AMS. 

(a) Standard Form–424 ‘‘Application 

for Federal Assistance.’’ 

(b) Standard Form–424A ‘‘Budget 

Information—Non-Construction 

Programs.’’ 

(c) Standard Form SF–424B 

‘‘Assurances—Non-Construction 

Programs.’’ 

(d) Written proof of the applicant’s 

eligibility (see 185.7(f)) from a State or 

Federal source. 

(e) A Project Proposal Narrative, 

which includes an itemized, detailed 

supplemental budget summary that 

indicates the items being requested for 

payment. 

(f) Any supporting documents are 

strongly encouraged, including: 

(1) Letters and/or other evidence of 

commitment and participation from 

cooperators, contractors, or resource 

providers. 

(2) Brief description(s) of experience 

or qualifications of project personnel 

and staff. 

§ 185.9 Maximum number of applications. 

An organization may submit multiple 

applications annually to AMS for 

competitive review. An organization can 

only receive one FMPP grant, however, 

in the Agency’s funding or fiscal year. 

§ 185.10 Review of grant applications. 

All applications will undergo a 

competitive review and will be 

approved or rejected by AMS using 

recommendations from reviewers that 

represent ‘peer’ and departmental or 


erowe on DSK5CLS3C1PROD with PROPOSALS-1
3054 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Proposed Rules 

other Federal and State government 

employee reviewers. 

(a) ‘Peer reviewers’ will be 

representatives from organizations that 

are eligible to apply for FMPP grant 

funds, as provided in § 185.3. 

(b) Peer reviewers will not be eligible 

to serve as a reviewer if they are: 

(1) Employed by, volunteer for, or 

serve as a board member or other type 

of committee/team member for the 

organization that submitted an 

application that same year under FMPP; 

or 

(2) A proposed subcontractor or 

financial beneficiary in a budget from 

any organization submitting an 

application that same year under FMPP. 

(c) The reviewers will use the 

evaluation criteria and provide AMS 

application scores, comments, and 

recommendations. AMS may request the 

applicant provide additional 

information or clarification, as needed. 

§ 185.11 Grant agreements. 

(a) After a competitive review and 

approval of grant projects and activities, 

AMS will enter into grant agreements 

with the selected applicants (awardees). 

(b) AMS grant agreements will 

include at a minimum the following: 

(1) The project(s) in the approved 

proposal narrative plan. 

(2) The beginning and ending dates of 

the project work. 

(3) Total amount of Federal financial 

assistance that will be awarded. 

(4) Terms and conditions pursuant to 

which AMS will fund the project(s). 

§ 185.12 Consecutive grants. 

AMS will not award two consecutive 

grants to any organization or entity. Any 

entity that has received a grant award 

may apply for future grants after 

completion of the current grant project 

and 12 months after AMS has received 

and accepted all required 

documentation and reports for that 

current grant. 

§ 185.13 Post award requirements. 

Awardees are also responsible for: 

(a) Diligently monitoring their 

performance to ensure that time 

schedules are being met, project work 

within designated time periods is being 

accomplished, and other performance 

measures are being achieved. 

(b) Ensuring that grant funds are used 

only for the activities covered by the 

approved project work and budget. 

(c) Ensuring that proper financial, 

personnel, procurement, monitoring, 

and recordkeeping procedures are 

followed. 

(d) Retaining all records pertaining to 

the FMPP grant for 3 years after the final 

financial status report has been 

submitted to and accepted by AMS. 

§ 185.14 Program income. 

(a) Program income earned during the 

grant period shall be retained by the 

awardee and used to further the project 

objectives, unless otherwise specified in 

the terms and conditions of the award. 

(b) Awardees must account for 

program income earned in all financial 

statements to AMS in accordance with 

7 CFR parts 3015, 3016, 3018, and 3019. 

§ 185.15 Reporting and oversight 

requirements. 

(a) Performance reports will be 

required of all awardees every 6 months 

after the start date of the signed grant 

agreement until the expiration date of 

the grant period. If the project is one 

year or less, then only one performance 

report and a final performance report 

(see paragraph (b) of this section) are 

required. Each performance report shall 

include, but not be limited to, the 

following: 

(1) Briefly summarize activities 

performed, targets, and/or performance 

goals achieved for each objective during 

the reporting period for each project. 

(2) Note unexpected delays or 

impediments as well as favorable or 

unusual developments for each project. 

(3) Outline work to be performed 

during the next reporting period for 

each project. 

(4) Comment on the level of grant 

funds expended to date for each project. 

(b) A final performance report will be 

required by all awardees within 90 days 

following the expiration date of the 

grant period. The final progress report 

shall include the following: 

(1) A summary of the issue(s), 

problem(s), interest(s), or need(s) being 

examined. 

(2) How the issue(s) were addressed 

via the project(s). 

(3) Specific contributions, including 

time, energy, or other project assistance, 

of project partners. 

(4) Results, accomplishments, 

conclusions, and lessons learned for 

each project. 

(5) Description of who benefited from 

the project’s accomplishments and a 

quantitative measure of the current or 

future benefits to be derived from the 

project. 

(6) Additional information available 

(e.g. publications, Web sites). 

(7) A contact person for each project 

with telephone number and e-mail 

address. 

(c) ‘‘Federal Financial Reports’’ will be 

required every four months after the 

agreement start date until the expiration 

date of the grant period. If the project is 

one year or less, then only two financial 

reports and a final financial report (see 

paragraph (d) of this section) are 

required. 

(d) A final ‘‘Federal Financial Report’’ 

is required within 90 days following the 

expiration date of the grant period. The 

report will include a summary of all 

project financial information and 

program income received during the 

grant project. 

(e) AMS will monitor awardees, as it 

determines necessary, to assure that 

projects are completed in accordance 

with the approved project plan. 

(f) AMS, after reasonable notice to an 

awardee, may provide a written 

forfeiture of grant funds should an 

awardee fail to request and/or use grant 

funds within the first 8 months 

following the grant agreement start date. 

(g) If, after reasonable notice to an 

awardee and opportunity for response, 

AMS finds that there has been a failure 

by the awardee to comply substantially 

with any provision or requirement of 

the project plan, AMS may impose 

special conditions (7 CFR 3016.12, 

3016.43, 3019.14, or 3019.62) and/or 

disqualify, for one or more years, the 

awardee from participation and/or 

receipt of future grants under the FMPP. 

Dated: January 12, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–930 Filed 1–18–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0025; Directorate 

Identifier 2010–NM–208–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 777 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require revising the 

maintenance program to update 

inspection requirements to detect 

fatigue cracking of principal structural 

elements (PSEs). This proposed AD was 

prompted by a new revision to the 

airworthiness limitations of the 

maintenance planning document. We 


erowe on DSK5CLS3C1PROD with PROPOSALS-1