[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Page 39941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15780]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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. 

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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules 
and Regulations

[[Page 39941]]



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.

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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: 
<a href="/cdn-cgi/l/email-protection#2f61464c40434a01614a435c4041624643434a5d6f5a5c4b4e01484059"><span class="__cf_email__" data-cfemail="753b1c161a19105b3b1019061a1b381c1919100735000611145b121a03">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#773416051b0e3a59351805101a121e1205370204131659101801"><span class="__cf_email__" data-cfemail="195a786b756054375b766b7e747c707c6b596c6a7d78377e766f">[email protected]</span></a>.

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 non-competitively awarded to State 
agencies. The SCBGP is a non-competitive 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 
non-Federal 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]

0
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]
BILLING CODE P


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