45972 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

grant for a standard BFRDP project 

under this subpart. 

(c) Duration of awards. The term of a 

grant for a standard BFRDP project 

under this subpart shall not exceed 3 

years. Awards for all other projects 

under this subpart shall not exceed 5 

years. No-cost extensions of time 

beyond the maximum award terms will 

not be considered or granted. 

(d) Amount of grants. A grant for a 

standard BFRDP project under this 

subpart shall not be in an amount that 

is more than $250,000 for each year. 

Signed at Washington, DC, on August 28, 

2009. 

Colien Hefferan, 

Administrator, Cooperative State Research, 

Education, and Extension Service. 

[FR Doc. E9–21256 Filed 9–3–09; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF AGRICULTURE 

Cooperative State Research, 

Education, and Extension Service 

7 CFR Part 3430 

RIN 0524–AA60 

Competitive and Noncompetitive NonFormula Federal Assistance 

Programs—Specific Administrative 

Provisions for the New Era Rural 

Technology Competitive Grants 

Program 

AGENCY: Cooperative State Research, 

Education, and Extension Service, 

USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The Cooperative State 

Research, Education, and Extension 

Service (CSREES) is publishing a set of 

specific administrative requirements for 

the New Era Rural Technology 

Competitive Grants Program (RTP) to 

supplement the Competitive and 

Noncompetitive Non-formula Federal 

Assistance Programs—General Award 

Administrative Provisions for this 

program. 

DATES: This interim rule is effective on 

September 4, 2009. The Agency must 

receive comments on or before January 

4, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 0524–AA60, by any of 

the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: RFP-OEP@csrees.usda.gov. 

Include Regulatory Information Number 

(RIN) 0524–AA60 in the subject line of 

the message. 

Fax: 202–401–7752. 

Mail: Paper, disk or CD–ROM 

submissions should be submitted to 

Cooperative State Research, Education, 

and Extension Service; U.S. Department 

of Agriculture; STOP 2299; 1400 

Independence Avenue, SW.; 

Washington, DC 20250–2299. 

Hand Delivery/Courier: Cooperative 

State Research, Education, and 

Extension Service; U.S. Department of 

Agriculture; Room 2258, Waterfront 

Centre; 800 9th Street, SW.; 

Washington, DC 20024. 

Instructions: All submissions received 

must include the agency name and the 

RIN for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: Greg 

Smith, National Program Leader, Higher 

Education Programs, Science and 

Education Resources Development; 

Voice: 202–720–2067; E-mail: 

gsmith@csrees.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary 

Authority 

Section 1405 of the National 

Agricultural Research, Extension, and 

Teaching Policy Act (NARETPA) of 

1997, as amended (7 U.S.C. 3121) 

designates the U.S. Department of 

Agriculture (USDA) as the lead Federal 

agency for agriculture research, 

extension and teaching in the food and 

agricultural sciences. Section 1473E of 

NARETPA (7 U.S.C. 3319e), as 

amended, requires the establishment of 

a program to be known as the New Era 

Rural Technology Competitive Grants 

Program (RTP), which CSREES 

administers. 

In carrying out the program, the 

Secretary is authorized to make 

competitive grants to support the fields 

of (i) bioenergy, (ii) pulp and paper 

manufacturing, and (iii) agriculturebased renewable energy resources, in 

order to help ensure workforce 

opportunities critical to rural 

communities. RTP will make grants 

available to community college(s) and/ 

or advanced technology center(s), 

located in rural areas, for technology 

development, applied research, and/or 

training. 

For fiscal year (FY) 2009, $750,000 

has been made available for the RTP, 

including administrative costs. 

Organization of 7 CFR Part 3430 

A primary function of CSREES is the 

fair, effective, and efficient 

administration of Federal assistance 

programs implementing agricultural 

research, education, and extension 

programs. As noted above, CSREES has 

been delegated the authority to 

administer this program and will be 

issuing Federal assistance awards for 

funding made available for this 

program; and thus, awards made under 

this authority will be subject to the 

Agency’s assistance regulations at 7 CFR 

part 3430, Competitive and 

Noncompetitive Non-formula Federal 

Assistance Programs—General Award 

Administrative Provisions. The 

Agency’s development and publication 

of these regulations for its non-formula 

Federal assistance programs serve to 

enhance its accountability and to 

standardize procedures across the 

Federal assistance programs it 

administers while providing 

transparency to the public. CSREES 

published 7 CFR part 3430 with 

subparts A through F as an interim rule 

on August 1, 2008 [73 FR 44897–44909], 

and adopted as a final rule September 

4, 2009. These regulations apply to all 

Federal assistance programs 

administered by CSREES except for the 

formula grant programs identified in 7 

CFR 3430.1(f), the Small Business 

Innovation Research programs with 

implementing regulations at 7 CFR part 

3403, and the Veterinary Medicine Loan 

Repayment Program (VMLRP) 

authorized under section 1415A of the 

National Agricultural Research, 

Extension, and Teaching Policy Act of 

1977 (NARETPA). 

CSREES organized the regulation as 

follows: Subparts A through E provide 

administrative provisions for all 

competitive and noncompetitive nonformula Federal assistance awards. 

Subparts F and thereafter apply to 

specific CSREES programs. 

CSREES is, to the extent practical, 

using the following subpart template for 

each program authority: (1) 

Applicability of regulations, (2) 

purpose, (3) definitions (those in 

addition to or different from § 3430.2), 

(4) eligibility, (5) project types and 

priorities, (6) funding restrictions 

(including indirect costs), and (7) 

matching requirements. Subparts F and 

thereafter contain the above seven 

components in this order. Additional 

sections may be added for a specific 

program if there are additional 

requirements or a need for additional 

rules for the program (e.g., additional 

reporting requirements). Through this 

rulemaking, CSREES is adding subpart 

M for the administrative provisions that 

are specific to the RTP. 

Timeline for Implementing Regulations 

CSREES is publishing this rule as an 

interim rule with a 120-day comment 


pwalker on DSK8KYBLC1PROD with RULES2
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45973 

period and anticipates publishing a final 

rule by March 31, 2010. However, in the 

interim, these regulations apply to the 

RTP. 

II. Administrative Requirements for the 

Proposed Rulemaking 

Executive Order 12866 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866, and therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). This 

interim rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency; nor will it materially 

alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs; nor will it have an annual 

effect on the economy of $100 million 

or more; nor will it adversely affect the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local or Tribal governments or 

communities in a material way. 

Furthermore, it does not raise a novel 

legal or policy issue arising out of legal 

mandates, the President’s priorities or 

principles set forth in the Executive 

Order. 

Regulatory Flexibility Act of 1980 

This interim rule has been reviewed 

in accordance with The Regulatory 

Flexibility Act of 1980, as amended by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 5 

U.S.C. 601–612. The Department 

concluded that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The rule does not involve regulatory 

and informational requirements 

regarding businesses, organizations, and 

governmental jurisdictions subject to 

regulation. 

Paperwork Reduction Act (PRA) 

The Department certifies that this 

interim rule has been assessed in 

accordance with the requirements of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. (PRA). The Department 

concludes that this interim rule does not 

impose any new information 

requirements; however, the burden 

estimates will increase for existing 

approved information collections 

associated with this rule due to 

additional applicants. These estimates 

will be provided to OMB. In addition to 

the SF–424 form families (i.e., Research 

and Related and Mandatory), SF–272, 

Federal Cash Transactions Report, SF– 

269, Financial Status Report, and SF– 

425, Federal Financial Report; CSREES 

has three currently approved OMB 

information collections associated with 

this rulemaking: OMB Information 

Collection No. 0524–0042, CSREES 

Current Research Information System 

(CRIS); No. 0524–0041, CSREES 

Application Review Process; and No. 

0524–0026, Assurance of Compliance 

with the Department of Agriculture 

Regulations Assuring Civil Rights 

Compliance and Organizational 

Information. 

Catalog of Federal Domestic Assistance 

This interim regulation applies to the 

Federal assistance program 

administered by CSREES under the 

Catalog of Federal Domestic Assistance 

(CFDA) No.10.314, New Era Rural 

Technology Competitive Grants 

Program. 

Unfunded Mandates Reform Act of 1995 

and Executive Order 13132 

The Department has reviewed this 

interim rule in accordance with the 

requirements of Executive Order No. 

13132 and the Unfunded Mandates 

Reform Act of 1995, 2 U.S.C. 1501 et 

seq., and has found no potential or 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. As there is no 

Federal mandate contained herein that 

could result in increased expenditures 

by State, local, or Tribal governments, or 

by the private sector, the Department 

has not prepared a budgetary impact 

statement. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

The Department has reviewed this 

interim rule in accordance with 

Executive Order 13175, and has 

determined that it does not have ‘‘Tribal 

implications.’’ The interim rule does not 

‘‘have substantial direct effects on one 

or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes.’’ 

Clarity of This Regulation 

Executive Order 12866 and the 

President’s Memorandum of June 1, 

1998, require each agency to write all 

rules in plain language. The Department 

invites comments on how to make this 

interim rule easier to understand. 

List of Subjects in 7 CFR Part 3430 

Administrative practice and 

procedure, Agricultural research, 

Education, Extension, Federal 

assistance. 

■ Accordingly, Title 7 of the Code of 

Federal Regulations is amended as set 

forth below: 

PART 3430—COMPETITIVE AND 

NONCOMPETITIVE NON-FORMULA 

FEDERAL ASSISTANCE PROGRAMS— 

GENERAL AWARD ADMINISTRATIVE 

PROVSIONS. 

■ 1. The authority for part 3430 

continues to read as follows: 

Authority: 7 U.S.C. 3316; Pub. L. 106–107 

(31 U.S.C. 6101 note). 

■ 2. Add a new subpart M, to read as 

follows: 

Subpart M—New Era Rural Technology 

Competitive Grants Program 

Sec. 

3430.900 Applicability of regulations. 

3430.901 Purpose. 

3430.902 Definitions. 

3430.903 Eligibility. 

3430.904 Project types and priorities. 

3430.905 Funding restrictions. 

3430.906 Matching requirements. 

3430.907 Stakeholder input. 

3430.908 Review criteria. 

3430.909 Other considerations. 

Subpart M—New Era Rural Technology 

Competitive Grants Program 

§ 3430.900 Applicability of regulations. 

The regulations in this subpart apply 

to the program authorized under section 

1473E of the National Agricultural 

Research, Extension, and Teaching 

Policy Act of 1977 (7 U.S.C. 3319e), as 

amended. 

§ 3430.901 Purpose. 

The purpose of this program is to 

make grants available for technology 

development, applied research, and 

training, with a focus on rural 

communities, to aid in the development 

of workforces for bioenergy, pulp and 

paper manufacturing, and agriculturebased renewable energy workforce. 

§ 3430.902 Definitions. 

The definitions applicable to the 

program under this subpart include: 

Advanced Technological Center refers 

to an institution that provides students 

with technology-based education and 

training, preparing them to work as 

technicians or at the semi-professional 

level, and aiding in the development of 

an agriculture-based renewable energy 

workforce. For this program, such 

Centers must be located within a rural 

area. 


pwalker on DSK8KYBLC1PROD with RULES2
45974 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 

Bioenergy means biomass used in the 

production of energy (electricity; liquid, 

solid, and gaseous fuels; and heat). 

Biomass means any organic matter 

that is available on a renewable or 

recurring basis, including agricultural 

crops and trees, wood and wood wastes 

and residues, plants (including aquatic 

plants), grasses, residues, fibers, and 

animal wastes, municipal wastes, and 

other waste materials. 

Community College means 

(1) An institution of higher education 

that: 

(i) Admits as regular students persons 

who are beyond the age of compulsory 

school attendance in the State in which 

the institution is located and who have 

the ability to benefit from the training 

offered by the institution; 

(ii) Does not provide an educational 

program for which the institution 

awards a bachelor’s degree (or an 

equivalent degree); and 

(iii) (A) Provides an educational 

program of not less than 2 years in 

duration that is acceptable for full credit 

toward such a degree; or 

(B) Offers a 2-year program in 

engineering, mathematics, or the 

physical or biological sciences, designed 

to prepare a student to work as a 

technician or at the semi-professional 

level in engineering, scientific, or other 

technological fields requiring the 

understanding and application of basic 

engineering, scientific, or mathematical 

principles of knowledge (20 U.S.C. 

1101a(a)(6)). 

(2) For this grants program, such 

Community Colleges must be located 

within a rural area. 

Conference/Planning Grants means 

the limited number of RTP grants that 

will fund strategic planning meetings 

necessary to establish and organize 

proposed technology development, 

applied research and/or training 

projects. 

Eligible institution/organization 

means a community college, or an 

advanced technological center, that 

meets eligibility criteria of this program, 

and is located in a rural area. 

Eligible participant means an 

individual who is a citizen or noncitizen national of the United States, as 

defined in 7 CFR 3430.2, or lawful 

permanent resident of the United States. 

Fiscal agent means a third party 

designated by an authorized 

representative of an eligible institution/ 

organization which would receive and 

assume financial stewardship of Federal 

grant funds and perform other activities 

as specified in the agreement between it 

and the eligible institution/organization. 

Joint project proposal means 

(1) An application for a project: 

(i) Which will involve the applicant 

institution/organization working in 

cooperation with one or more other 

entities not legally affiliated with the 

applicant institution/organization, 

including other schools, colleges, 

universities, community colleges, units 

of State government, private sector 

organizations, or a consortium of 

institutions; and 

(ii) Where the applicant institution/ 

organization and each cooperating 

entity will assume a significant role in 

the conduct of the proposed project. 

(2) To demonstrate a substantial 

involvement with the project, the 

applicant institution/organization 

submitting a joint project proposal must 

retain at least 30 percent but not more 

than 70 percent of the awarded funds, 

and no cooperating entity may receive 

less than 10 percent of awarded funds. 

Only the applicant institution/ 

organization must meet the definition of 

an eligible institution/organization as 

specified in this RFA; other entities 

participating in a joint project proposal 

are not required to meet the definition 

of an eligible institution/organization. 

Outcomes means specific, measurable 

project results and benefits that, when 

assessed and reported, indicate the 

project’s plan of operation has been 

achieved. 

Plan of Operation means a detailed, 

step-by-step description of how the 

applicant intends to accomplish the 

project’s outcomes. At a minimum, the 

plan should include a timetable 

indicating how outcomes are achieved, 

a description of resources to be used or 

acquired, and the responsibilities 

expected of all project personnel. 

Regular project proposal means an 

application for a project: 

(1) Where the applicant institution/ 

organization will be the sole entity 

involved in the execution of the project; 

or 

(2) Which will involve the applicant 

institution/organization and one or 

more other entities, but where the 

involvement of the other entity(ies) does 

not meet the requirements for a joint 

proposal as defined in this section. 

Rural Area means any area other than 

a city or town that has a population of 

50,000 inhabitants and the urbanized 

area contiguous and adjacent to such a 

city or town. 

Technology Development means the 

practical application of knowledge to 

address specific State, regional, or 

community opportunities in the 

bioenergy, pulp and paper 

manufacturing, or agriculture-based 

renewable energy occupations. Note: In 

general, technology is more than the 

development of a single product, but is 

instead a system of related products, 

procedures and services to ensure a 

systems approach to address a specific 

issue. 

Training means the planned and 

systematic acquisition of practical 

knowledge, skills or competencies 

required for a trade, occupation or 

profession delivered by formal 

classroom instruction, laboratory 

instruction, or practicum experience. 

§ 3430.903 Eligibility. 

Applications may be submitted by 

either: 

(a) Public or private nonprofit 

community colleges, or 

(b) Advanced technological centers, 

either of which must: 

(1) Be located in a rural area (see 

definition in § 3430.902); 

(2) Have been in existence as of June 

18, 2008; 

(3) Participate in agricultural or 

bioenergy research and applied 

research; 

(4) Have a proven record of 

development and implementation of 

programs to meet the needs of students, 

educators, and business and industry to 

supply the agriculture-based, renewable 

energy or pulp and paper manufacturing 

fields with certified technicians, as 

determined by the Secretary; and 

(5) Have the ability to leverage 

existing partnerships and occupational 

outreach and training programs for 

secondary schools, 4-year institutions, 

and relevant nonprofit organizations. 

§ 3430.904 Project types and priorities. 

For each RFA, CSREES may develop 

and include the appropriate project 

types and focus areas based on the 

critical needs identified through 

stakeholder input and deemed 

appropriate by CSREES. 

(a) In addition, priority in funding 

shall be given to eligible entities 

working in partnerships to: 

(1) Improve information-sharing 

capacity; 

(2) Maximize the ability to meet the 

requirements of the RFA; and 

(3) To address the following two RTP 

goals: 

(i) To increase the number of students 

encouraged to pursue and complete a 

2-year postsecondary degree, or a 

certificate of completion, within an 

occupational focus of this grant 

program; and 

(ii) To assist rural communities by 

helping students achieve their career 

goals to develop a viable workforce for 

bioenergy, pulp and paper 

manufacturing, or agriculture-based 

renewable energy. 


pwalker on DSK8KYBLC1PROD with RULES2
Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 45975 

(b) Applicants may submit 

applications for one of the three project 

types: 

(1) Regular project proposal (the 

applicant executes the project without 

the requirement of sharing grant funds 

with other project partners); 

(2) Joint project proposal (the 

applicant executes the project with 

assistance from at least one additional 

partner and must share grant funds with 

the additional partner(s)); and 

(3) Conference/planning grant to 

facilitate strategic planning session(s). 

§ 3430.905 Funding restrictions. 

(a) Prohibition against construction. 

Grant funds awarded under this 

authority may not be used for the 

renovation or refurbishment of research, 

education, or extension space; the 

purchase or installation of fixed 

equipment in such space; or the 

planning, repair, rehabilitation, 

acquisition, or construction of buildings 

or facilities. 

(b) Prohibition on tuition remission. 

Tuition remission (e.g., scholarships, 

fellowships) is not allowed. 

(c) Indirect costs. Subject to § 3430.54, 

indirect costs are allowable with the 

exception of indirect costs for 

Conference/Planning grants, which are 

not allowed. 

§ 3430.906 Matching requirements. 

There are no matching requirements 

for grants under this subpart. 

§ 3430.907 Stakeholder input. 

CSREES shall seek and obtain 

stakeholder input through a variety of 

forums (e.g., public meetings, requests 

for input and/or Web site), as well as 

through a notice in the Federal Register, 

from the following entities: 

(a) Community college(s). 

(b) Advanced technological center(s), 

located in rural area, for technology 

development, applied research, and/or 

training. 

§ 3430.908 Review criteria. 

Evaluation criteria. CSREES shall 

evaluate project proposals according to 

the following factors: 

(a) Potential for Advancing Quality of 

Technology Development, Applied 

Research, and/or Training/Significance 

of the Program. 

(b) Proposed Approach and 

Cooperative Linkages. 

(c) Institution Organization Capability 

and Capacity Building. 

(d) Key Personnel. 

(e) Budget and Cost-Effectiveness. 

§ 3430.909 Other considerations. 

(a) Amount of grants. An applicant for 

a regular project proposal (single 

institution/organization) under this 

subpart may request up to $125,000 

(total project, not per year). An 

applicant for a joint project proposal 

(applicant plus one or more partners) 

under this subpart may request up to 

$300,000 (total project, not per year). A 

conference/planning grant applicant 

may request up to $10,000 (total project/ 

not per year). 

(b) Duration of grants. The term of a 

grant for a standard RTP project under 

this subpart shall not exceed 5 years. 

No-cost extensions of time beyond the 

maximum award terms will not be 

considered or granted. 

Done in Washington, DC, this 28th day of 

August 2009. 

Colien Hefferan, 

Administrator, Cooperative State Research, 

Education, and Extension Service. 

[FR Doc. E9–21258 Filed 9–3–09; 8:45 am] 

BILLING CODE 3410–22–P 


pwalker on DSK8KYBLC1PROD with RULES2