This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

39941 

Vol. 86, No. 140 

Monday, July 26, 2021 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1291 

[Doc. No. AMS–TM–20–0098] 

Administering the Specialty Crop 

Block Grant Program 

AGENCY: Agricultural Marketing Service, 

U.S. Department of Agriculture. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

regulations pertaining to the Specialty 

Crop Block Grant Program (SCBGP). The 

regulations, which were established in 

2006 as a matter of U.S. Department of 

Agriculture (USDA) policy, are 

duplicative of and in conflict with the 

recent revisions to the Office of 

Management and Budget’s (OMB) Office 

of Federal Financial Management’s 

Guidance for Grants and Agreements. 

Consequently, the SCBGP-specific 

regulations are no longer needed. The 

Agricultural Marketing Service (AMS) is 

removing the obsolete regulations in 

order to align its grant programs with 

OMB requirements and implement the 

programs efficiently. AMS will continue 

to administer SCBGP according to the 

OMB regulations. 

DATES: This rule is effective on July 26, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Nelson Miller, Grants Division 

Director, or Carly Borgmeier, Specialty 

Crop Block Grant Program Team Lead, 

Grants Division, AMS, USDA; 

Telephone: (202) 720–0188, or Email: 

Nicole.NelsonMiller@usda.gov or 

CarlyM.Borgmeier@usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule removes the regulations to 

implement the SCBGP at 7 CFR part 

1291. This action conforms with recent 

amendments to OMB’s regulations on 

Grants and Agreements related to 

reporting, oversight, and audit 

requirements. AMS will continue to 

administer Specialty Crop Block Grants 

according to the revised provisions of 2 

CFR part 200, which became effective 

November 12, 2020 (85 FR 49506; 

August 13, 2020). 

Background 

Ten grant programs are currently 

implemented for USDA under AMS’s 

Transportation and Marketing Program. 

Eight of these grant programs are 

competitively bid, and two are noncompetitively awarded to State 

agencies. The SCBGP is a noncompetitive grant program mandated 

under section 101 of the Specialty Crops 

Competitiveness Act of 2004 (7 U.S.C. 

1621 note), and amended under section 

10107 of the 2018 Farm Bill, to make 

grants to States to be used by State 

departments of agriculture to enhance 

the competitiveness of specialty crops. 

The SCBGP defines specialty crops as 

‘‘Fruits and vegetables, tree nuts, dried 

fruits, horticulture, and nursery crops 

(including floriculture).’’ 

AMS Grant Programs, which include 

the SCBGP, are authorized pursuant to 

the Agricultural Marketing Act of 1946 

(AMA) (7 U.S.C. 1621, et. seq.) and the 

Farmer-to-Consumer Direct Marketing 

Act of 1976 (FCDMA) (7 U.S.C. 3001), 

and are implemented through the 

Uniform Administrative Requirements, 

Cost Principles, and Audit 

Requirements for Federal Awards 

(Super Circular) (2 CFR part 200). 

Although not required to do so under 

the provisions of the APA, AMS 

established separate regulations 

pertaining to the SCBGP in 2006 (71 FR 

53303; September 11, 2006) through 

notice and comment rulemaking as a 

matter of USDA policy. USDA revoked 

its policy concerning rulemaking for 

grant programs in 2013 (78 FR 64194; 

October 28, 2013). As well, OMB’s 

revisions to 2 CFR part 200 changed 

requirements for Federal awards to nonFederal entities. 

The regulations at 7 CFR part 1291 are 

duplicative of and in conflict with the 

updated guidance at 2 CFR part 200. 

Therefore, AMS is removing 7 CFR part 

1291 to better align its programs with 

OMB’s Guidance for Grants and 

Agreements and improve efficiency in 

the management of the SCBGP. 

This action pertains to the making of 

Federal grants to enhance the 

competitiveness of specialty crops. The 

Administrative Procedures Act (APA), 5 

U.S.C. 553, authorizes USDA to take 

actions related to grants management 

without notice and comment 

rulemaking. Further, such actions may 

be made effective in fewer than 30 days 

after publication in the Federal 

Register. Therefore, this final rule is 

effective upon publication. 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This action falls within a 

category of regulatory actions that OMB 

exempted from Executive Order 12866 

review. 

As required by the Regulatory 

Flexibility Act (5 U.S.C. 601–612), AMS 

certifies that this final rule does not 

have a significant economic impact on 

small business entities. Neither grant 

recipients nor subrecipients will be 

impacted by this final rule. 

This final rule does not contain any 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501, et seq.). 

List of Subjects in 7 CFR Part 1291 

Agriculture, Foods, Fruits, Grant 

programs-agriculture, Reporting and 

record keeping requirements, Specialty 

crop block grants, State and local 

governments, Vegetables. 

PART 1291—[REMOVED] 

■ For the reasons stated in the preamble, 

and under the authority of 7 U.S.C. 1621 

note, as amended, remove 7 CFR part 

1291. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–15780 Filed 7–23–21; 8:45 am] 

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