70582 Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 

administrative costs incurred in 

awarding the competitive grants. 

(c) Indirect cost provisions for 

research, extension, and education 

activities conducted at the Centers and 

Subcenter. Subject to § 3430.54, indirect 

costs are allowable for the funds 

provided by NIFA to the Centers and the 

Subcenter for the research, extension, 

and education programs under 

§ 3430.1004(a)(2). 

(d) Required allocations. Each Center 

and Subcenter must fund subgrants in a 

proportion that is a minimum 30 

percent for conducting multiinstitutional and multistate research, 

extension, and education programs on 

technology development; and a 

minimum 30 percent for conducting 

integrated multi-institutional and 

multistate research, extension, and 

education programs on technology 

implementation. Each Sun Grant Center 

must clearly demonstrate a common 

procedure for ensuring the required 

allocations are met, and for maintaining 

documentation of these required 

percentages for audit purposes. 

§ 3430.1006 Matching requirements. 

(a) Matching provisions for the 

Centers and Subcenter. The Centers and 

the Subcenter are not required to match 

Federal funds. 

(b) Matching provisions for 

subawards. For subawards made by the 

Centers or Subcenter through the 

competitive grants process, not less than 

20 percent of the cost of an activity must 

be matched with funds, including inkind contributions, from a non-Federal 

source, by the subawardee. 

(1) Exception for fundamental 

research. This matching requirement 

does not apply to fundamental research 

(as defined in § 3430.2). 

(2) Special matching provisions for 

applied research. With prior approval 

by the NIFA authorized departmental 

officer (ADO), the Center or Subcenter 

may reduce or eliminate the matching 

requirement for applied research (as 

defined in § 3430.2) if the Center or 

Subcenter determines that the reduction 

is necessary and appropriate pursuant to 

guidance issued by NIFA. 

§ 3430.1007 Planning activities. 

(a) Required plan. The Centers and 

Subcenter shall jointly develop and 

submit to NIFA for approval a plan for 

addressing the bioenergy, biomass, and 

gasification research priorities of the 

Department and the Department of 

Energy at the State and regional levels. 

To comply with this requirement, NIFA 

requires that the proposals from each of 

the five Centers be of similar format and 

subject matter and complementary to 

comprise a national program for 

purposes of serving as the actual ‘‘plan.’’ 

Each proposal will present a plan that 

includes a description of what will be 

done in common and collectively by the 

Centers and Subcenter, what each will 

do as a Center and Subcenter, and how 

each Center and Subcenter will 

implement its regional competitive 

grants program. Proposals submitted to 

the Sun Grant Program must be 

sufficiently detailed and of high enough 

quality and demonstrate adequate 

evidence of collaboration to meet this 

requirement. Funds available for 

administrative costs (see § 3430.1005(b)) 

may be used to meet this requirement. 

(b) Gasification. With respect to 

gasification research activities, the 

Centers and Subcenter shall coordinate 

planning with land-grant colleges and 

universities in their respective regions 

that have ongoing research activities in 

that area. 

§ 3430.1008 Sun Grant Information 

Analysis Center. 

The Centers and Subcenter shall 

maintain, at the North-Central Center, a 

Sun Grant Information Analysis Center 

to provide the Centers and Subcenter 

with analysis and data management 

support. Each Center and Subcenter 

shall allocate a portion of the funds 

available for administrative or indirect 

costs under § 3430.1005 to maintain the 

Sun Grant Information Analysis Center. 

§ 3430.1009 Administrative duties. 

In addition to other reporting 

requirements agreed to in the terms and 

conditions of each award, not later than 

90 days after the end of each Federal 

fiscal year, each Center and Subcenter 

shall submit to NIFA a report that 

describes the policies, priorities, and 

operations of the program carried out by 

the Center or Subcenter during the fiscal 

year, including the results of all peer 

and merit review procedures conducted 

as part of administering the regional 

competitive research, extension, and 

educational grant programs; and a 

description of progress made in 

facilitating the plan described in 

§ 3430.1007. 

§ 3430.1010 Review criteria. 

Panel reviewers conducting merit 

reviews on proposals submitted by the 

Centers will be instructed to ensure that 

proposals adequately address the plan 

developed in accordance with 

§ 3430.1007 for consideration of the 

relevance and merit of proposals. 

§ 3430.1011 Duration of awards. 

The term of a Federal assistance 

award made under the Sun Grant 

Program shall not exceed 5 years. Nocost extensions of time beyond the 

maximum award terms will not be 

considered or granted. 

Signed at Washington, DC, August 26, 

2010. 

Roger Beachy, 

Director, National Institute of Food and 

Agriculture. 

[FR Doc. 2010–29103 Filed 11–17–10; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 905 

[Docket No. FR–4843–C–03] 

RIN 2577–AC49 

Use of Public Housing Capital Funds 

for Financing Activities 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Final rule; correction. 

SUMMARY: This publication makes a 

technical correction to the preamble of 

the final rule on Capital Fund 

Financing, published on October 21, 

2010. That preamble erroneously 

included a paragraph in the ‘‘Findings 

and Certifications’’ section’’ headed 

‘‘Congressional Review of Final Rules.’’ 

That paragraph is only relevant where a 

rule is deemed economically significant, 

which this rule is not. Therefore, this 

paragraph should not have been 

included in the ‘‘Findings and 

Certifications’’ section of the preamble. 

Removing this paragraph makes no 

substantive change to the rule. 

DATES: Effective Date: December 20, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riddel, Director, Office of Capital 

Improvements, Office of Public and 

Indian Housing, Department of Housing 

and Urban Development, 451 7th Street, 

SW., Washington, DC 20410–8000; 

telephone number 202–708–1640, 

extension 4999 (this is not a toll-free 

number). Hearing- or speech-impaired 

individuals may access this number 

through TTY by calling the toll-free 

Federal Information Relay Service at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: On 

October 21, 2010 (75 FR 65198), HUD 

published a final rule that implements 

the Capital Fund Finance Program 

(CFFP) to allow public housing agencies 

(PHAs) to use a portion of their Capital 

Funds for financing activities, including 

modernization and development 

activities along with the payment of 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 222 / Thursday, November 18, 2010 / Rules and Regulations 70583 

debt service on the financing. This final 

rule followed a proposed rule published 

on July 18, 2007 (72 FR 39546), that 

included financing options under both 

the Capital Fund and the Operating 

Fund, and that provided a 60-day period 

for public comment. Ultimately, only 

the Capital Fund portion became a final 

rule. 

During the period when HUD was 

responding to public comments and 

producing the final rule, the Department 

held discussions internally on the issue 

of whether this rule would have an 

annual effect on the economy of $1 

million or more, and therefore was an 

economically significant rule under 

Executive Order 12866 (Regulatory 

Planning and Review), and a major rule 

under the Congressional Review Act (5 

U.S.C. 801 et seq. See, specifically, the 

5 U.S.C. 804 definition of ‘‘major rule’’). 

The Department concluded that this 

rule would not have an annual effect on 

the economy of $1 million or more, and 

the Office of Management and Budget 

(OMB) agreed with HUD’s final 

assessment while the rule was under 

OMB review in accordance with 

Executive Order 12866. The economic 

impact of this rule is addressed in 

Section IV (Findings and Certifications) 

of the preamble to the final rule at 75 

FR 65206 through 65208. 

Following HUD’s final assessment 

that the rule was not economically 

significant, HUD failed to remove the 

‘‘Congressional Review of Final Rules,’’ 

paragraph from the preamble (see 75 FR 

65208), which is used by HUD in the 

case of major, economically significant 

rules under the Congressional Review 

Act and the Executive Order. This 

paragraph and its heading should not 

have been included in this preamble. 

This document corrects this error. This 

correction does not substantively 

change the rule. 

Accordingly, FR Doc. 2010–26404, 

Use of Public Housing Capital Funds for 

Financing Activities (FR–4843–F–02), 

published in the Federal Register on 

October 21, 2010 (75 FR 65198), is 

corrected as follows: 

On page 65208, in the second column, 

the paragraph entitled ‘‘Congressional 

Review of Final Rules’’ is removed. 

Dated: November 15, 2010. 

Aaron Santa Anna, 

Assistant General Counsel for Regulations. 

[FR Doc. 2010–29134 Filed 11–17–10; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2009–0922; FRL–8853–2] 

RIN 2070–AB27 

Cobalt Lithium Manganese Nickel 

Oxide; Withdrawal of Significant New 

Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is withdrawing a 

significant new use rule (SNUR) 

promulgated under section 5(a)(2) of the 

Toxic Substances Control Act (TSCA) 

for the chemical substance identified as 

cobalt lithium manganese nickel oxide 

(CAS No. 182442–95–1), which was the 

subject of premanufacture notice (PMN) 

P–04–269. EPA published the SNUR 

using direct final rulemaking 

procedures. EPA received a notice of 

intent to submit adverse comments on 

the rule. Therefore, the Agency is 

withdrawing the SNUR, as required 

under the expedited SNUR rulemaking 

process. Elsewhere in today’s Federal 

Register, EPA is publishing (under 

separate notice and comment 

rulemaking procedures), a proposed 

SNUR for this substance. 

DATES: This final rule is effective 

November 19, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; e-mail address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; e-mail address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

September 20, 2010 (75 FR 57169) 

(FRL–8839–7). If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What rule is being withdrawn? 

In the Federal Register of September 

20, 2010 (75 FR 57169), EPA issued 

several direct final SNURs, including a 

SNUR for the chemical substance that is 

the subject of this withdrawal. These 

direct final rules were issued pursuant 

to the procedures in 40 CFR part 721, 

subpart D. In accordance with 40 CFR 

721.160(c)(3)(ii), EPA is withdrawing 

the rule issued for cobalt lithium 

manganese nickel oxide (PMN P–04– 

269; CAS No. 182442–95–1) at 40 CFR 

721.10201 because the Agency received 

a notice of intent to submit adverse 

comments. Elsewhere in today’s Federal 

Register, EPA is proposing a SNUR for 

this chemical substance via notice and 

comment rulemaking. 

For further information regarding 

EPA’s expedited process for issuing 

SNURs, interested parties are directed to 

40 CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). The record for the direct final 

SNUR for the chemical substance being 

withdrawn was established at EPA–HQ– 

OPPT–2009–0922. That record includes 

information considered by the Agency 

in developing the rule and the notice of 

intent to submit adverse comments. 

III. How do I access the docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID no. EPA–HQ–OPPT– 

2009–0922. Additional information 

about the Docket Facility is provided 

under ADDRESSES in the Federal 

Register document of September 20, 

2010 (75 FR 57169). If you have 

questions, consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. 

IV. What statutory and executive order 

reviews apply to this action? 

This final rule revokes or eliminates 

an existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

executive order review requirements 

applicable to the direct final rule were 

discussed in the Federal Register 

document of September 20, 2010 (75 FR 

57169). Those review requirements do 

not apply to this action because it is a 

withdrawal and does not contain any 

new or amended requirements. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 


jdjones on DSK8KYBLC1PROD with RULES