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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

6411 

Vol. 81, No. 25 

Monday, February 8, 2016 

DEPARTMENT OF AGRICULTURE 

National Institute of Food and 

Agriculture 

7 CFR Part 3430 

RIN 0524–AA58 

Competitive and Noncompetitive NonFormula Federal Assistance 

Programs—General Award 

Administrative Provisions and Specific 

Administrative Provisions 

AGENCY: National Institute of Food and 

Agriculture, USDA. 

ACTION: Final rule. 

SUMMARY: The National Institute of Food 

and Agriculture (NIFA) is publishing as 

a final rule, a set of general and specific 

administrative requirements applicable 

to competitive and non-competitive 

non-formula programs. The purpose of 

this final rule is to implement sections 

of the Agriculture Act of 2014 making 

it necessary to modify the general 

administrative provisions as well as 

specific grant programs. The purpose of 

the final rule also is to adopt as final 

interim administrative provisions. 

Although this final rule becomes 

effective on the date of publication, 

NIFA is requesting comments for a 60- 

day period. See the ADDRESSES section 

for instructions for submitting 

comments. 

DATES: This final rule becomes effective 

on February 8, 2016. 

ADDRESSES: You may submit comments 

by any of the following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: policy@nifa.usda.gov. 

Include docket number NIFA–2016–001 

in the subject line of the message. 

3. Fax: 202–401–7752. 

4. Mail: Paper, disk or CD–ROM 

submissions should be submitted to: 

Policy and Oversight Division, National 

Institute of Food and Agriculture, U.S. 

Department of Agriculture, STOP 2201, 

1400 Independence Avenue SW., 

Washington, DC 20250–2201. 

5. Hand Delivery/Courier: Policy and 

Oversight Division, National Institute of 

Food and Agriculture, U.S. Department 

of Agriculture, Room 2304, Waterfront 

Centre, 800 9th Street SW., Washington, 

DC 20024. 

Instructions: All comments received 

must include the agency name and 

reference to docket number NIFA–2016– 

001. All comments received will be 

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

including any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Maria Koszalka, Division Director, 

Policy and Oversight Division, Phone: 

202–401–4325, Email: maria.koszalka@

nifa.usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Summary 

Authority 

This rulemaking is authorized by 

section 1470 of the National 

Agricultural Research, Extension, and 

Teaching Policy Act of 1977 

(NARETPA), as amended, 7 U.S.C. 3316. 

Organization of 7 CFR Part 3430 

A primary function of NIFA is the 

fair, effective, and efficient 

administration of Federal assistance 

programs implementing agricultural 

research, education, and extension 

programs. The awards made under the 

above authority are subject to the NIFA 

assistance regulations at 7 CFR part 

3430, Competitive and Noncompetitive 

Non-formula Federal Assistance 

Programs—General Award 

Administrative Provisions. NIFA’s 

development and publication of this 

regulation 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. NIFA 

published 7 CFR part 3430 with 

subparts A through F as a final rule on 

September 4, 2009 (74 FR 45736– 

45752). These regulations apply to all 

Federal assistance programs 

administered by NIFA 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), with 

implementing regulations at 7 CFR part 

3431. 

NIFA organized the regulation as 

follows: Subparts A through E provide 

administrative provisions for all 

competitive and noncompetitive nonformula Federal assistance programs. 

Subparts F and thereafter apply to 

specific NIFA programs. 

NIFA 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, 

(7) matching requirements, and (8) 

duration of grant. 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, NIFA is 

making minor additions to Subparts A— 

General Information, B—Pre-award: 

Solicitation and Application, and E— 

Post-Award and Closeout of the 

administrative provisions in order to 

meet the new matching requirements 

and the application process for NonLand-Grant College of Agriculture 

designation identified in the Agriculture 

Act of 2014 (Pub. L. 113–79 or the 2014 

Farm Bill). In addition, sections of the 

2014 Farm Bill make it necessary to 

modify administrative provisions for 

specific grant programs located in 

Subparts F, G, H, J and O. The 

rulemaking also will serve to finalize 

the administrative provisions located in 

Subpart I and to add a new Subpart L. 

Further details of these program-specific 

subparts are as follows. 

Subpart F of 7 CFR Part 3430 

Subpart F contains the administrative 

provisions for the Specialty Crop 

Research Initiative (SCRI). The purpose 

of SCRI is to address the critical needs 

of the specialty crop industry by 

developing and disseminating sciencebased tools to address needs of specific 

crops and their regions. Specialty crops 

are defined as fruits and vegetables, tree 

nuts, dried fruits, and horticulture and 

nursery crops (including floriculture). 


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Subpart G of 7 CFR Part 3430 

Subpart G contains the administrative 

provisions for the Agriculture and Food 

Research Initiative (AFRI). The purpose 

of AFRI is to make competitive grants 

for fundamental and applied research, 

extension, and education to address 

food and agricultural sciences, as 

defined under section 1404 of the 

National Agriculture Research, 

Extension, and Teaching Policy Act of 

1977 (7 U.S.C. 3103). 

Subpart H of 7 CFR Part 3430 

Subpart H contains the administrative 

provisions for the Organic Agriculture 

Research and Extension Initiative OREI) 

program. The OREI program is a 

competitive grant program that supports 

research and extension activities 

regarding organically grown and 

processed agricultural commodities in 

accordance with congressionally 

determined purposes. This program 

funds projects that will enhance the 

ability of producers and processors who 

have already adopted organic standards 

to grow and market high quality organic 

agricultural products. Priority concerns 

include biological, physical, and social 

sciences, including economics. 

Subpart I of 7 CFR Part 3430 

Subpart I contains the administrative 

provisions for the Integrated Research, 

Education, and Extension Competitive 

Grants (406) Program. The 406 program 

provides funding for integrated, 

multifunctional agricultural research, 

extension, and education activities. 

Subpart J of 7 CFR Part 3430 

Subpart J contains the administrative 

provisions for the Beginning Farmer and 

Rancher Development Program 

(BFRDP). BFRDP is a beginning farmer 

and rancher development program that 

provides local and regional training, 

education, outreach, mentoring and 

technical assistance initiatives for 

individuals who have not operated a 

farm or ranch, or have operated a farm 

or ranch for less than ten years. Grants 

are awarded on a competitive basis in 

accordance with legislatively 

determined focus areas. 

Subpart L of 7 CFR Part 3430 

Administrative provisions for the 

Capacity Building Grants for Non-Land 

Grant Colleges of Agriculture Program 

(NLGCA) are being added to Subpart L. 

NLGCA is a competitive program to 

assist the NLGCA Institutions in 

maintaining and expanding the capacity 

to conduct education, research, and 

outreach activities relating to 

agriculture, renewable resources, and 

other similar disciplines. 

Subpart O of 7 CFR Part 3430 

The administrative provisions for the 

Sun Grant Program are in Subpart O. 

The purpose of the Sun Grant Program 

is to provide a consortium of 

universities with a grant to support a 

North-Central, Southeastern, SouthCentral, Western, and Northeastern Sun 

Grant Center and a Western Insular 

Pacific Subcenter for the purpose of 

enhancing national energy security 

through the development, distribution, 

and implementation of biobased energy 

technologies; promoting diversification 

in, and the environmental sustainability 

of, agricultural production in the United 

States through biobased energy and 

product technologies; promoting 

economic diversification in rural areas 

of the United States through biobased 

energy and product technologies; and 

enhancing the efficiency of bioenergy 

and biomass research and development 

programs through improved 

coordination and collaboration among 

the Department of Agriculture, other 

appropriate Federal agencies (as 

determined by the Secretary), and Land 

Grant Institutions. 

Definitions of Merit Review and 

Scientific Peer Review 

Section 7301 of the 2014 Farm Bill 

amended section 103(a)(2) of the 

Agricultural Research, Extension, and 

Education Reform Act of 1998 (7 

U.S.C. 7613(a)(2)) by adding relevance 

as part of merit review and extended the 

review to include agricultural research 

grants. Given the 7 CFR part 3430 

definitions of merit review and 

scientific peer review already include 

relevance and encompass research, 

modifications to the administrative 

provisions for these 2014 Farm Bill 

items are not planned; however, input is 

welcomed. 

II. Response to Comments and 

Revisions Included in the Final Rule 

Subparts A, B, and E 

Matching—Currently, 7 CFR 3430.52, 

identifies that ‘‘the required percentage 

of matching, type of matching (e.g., cash 

and/or in-kind contributions), sources of 

match (e.g., non-Federal), and whether 

NIFA has any authority to waive the 

match will be specified in the subpart 

applicable to the specific Federal 

assistance program, as well as in the 

RFA.’’ This section will be modified to 

include the matching requirement of 

Section 7128 of the 2014 Farm Bill and 

the related exclusions and waivers, as 

appropriate. 

Non-Land-Grant Designation—Since 

the non-land-grant designation affects 

an institution’s eligibility for some NIFA 

funding, the plan is to modify § 3430.16, 

eligibility requirements, to identify the 

process to request NIFA’s consideration 

(e.g., where, when, how) for non-landgrant designation, notification of NIFA’s 

decision, timing, and termination of a 

non-land-grant declaration. 

Merit Review—The 2014 Farm Bill 

also addresses merit review. 

Specifically, it adds ‘‘relevance’’ of 

research projects as part of their merit 

review, includes ‘‘research,’’ and 

increases the involvement of the 

Advisory Board. Given the definitions of 

merit review and scientific peer review 

already include relevance and 

encompass research, modifications to 7 

CFR part 3430 for these 2014 Farm Bill 

items are not planned, but rather, will 

be addressed in the preamble instead of 

the final rule. 

Subpart F 

Section 7306 of the 2014 Farm Bill 

introduced changes to the Specialty 

Crop Research Initiative that require 

administrative revisions to the 

regulation governing the program. 

Subpart G 

Section 7404 of the 2014 Farm Bill 

amended the priority areas for the AFRI 

program making it necessary to modify 

the program’s administrative provisions. 

Subpart H 

As a result of the Food, Conservation, 

and Energy Act of 2008 (2008 Farm 

Bill), NIFA published an interim final 

rule on September 9, 2010 (75 FR 

54759). In response to the interim final 

rule, OREI received one comment from 

a professional organization, the Organic 

Farming Research Foundation (OFRF), 

who objected to the purpose and 

definition of Subpart H—OREI (7 U.S.C. 

5925b) and recommended that the 

purpose and definitions be expanded to 

include education components. We 

note, that in regards to OFRF’s 

recommendation to modify the 

‘‘purpose’’ and ‘‘definition’’ to include 

education components, Section 7211 of 

the 2014 Farm Bill has generated the 

necessary change to accommodate the 

OFRF comment recommendation and 

NIFA will be making changes consistent 

with the comment and the 2014 Farm 

Bill. Additionally, through this final 

rule, NIFA will finalize the Subpart H 

portion of the interim final rule 

published on September 9, 2010 and 

will make the changes necessitated by 

the 2014 Farm Bill. 

Subpart I 

On September 9, 2010 (75 FR 54759) 

NIFA published an interim rule where 

NIFA proposed adding three subparts 


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including Subpart I with a 60-day 

comment period. Subpart I included the 

standard elements of a subpart 

including applicability, purpose, 

definitions, eligibility, project types and 

priorities, funding restrictions, and 

matching requirements for the 406 

program. No comments were received 

for Subpart I. Through this final rule, 

NIFA adopts Subpart I portion of the 

interim final rule published on 

September 9, 2010, as final without 

change. 

Subpart J 

Section 7409 of the 2014 Farm Bill 

introduced changes to the BFRDP to, for 

example, address new priorities and 

broaden the community of potential 

beneficiaries. These changes require 

administrative revisions to the 

regulation. These regulations apply to 

all recipients of Federal funds under the 

BFRDP. The proposed changes are 

intended to provide clear, transparent, 

and consistent guidance to stakeholders 

and potential applicants and recipients. 

For instance, the 2014 Farm Bill added 

emphasis for projects serving military 

veterans who wish to begin a career in 

agriculture, updated the focus areas that 

funded programs and services will 

address, and expanded the class of 

entities with experience in new 

agricultural producer training and 

outreach to which NIFA will give 

priority. 

Subpart L 

Section 7138 of the 2008 Farm Bill 

established the NLGCA program. 

Administrative provisions have not yet 

been established for the program. NIFA 

will establish administrative provisions 

in Subpart L for the program following 

the subpart template which, at a 

minimum, is to include: (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. 

Subpart O 

Section 7516 of the 2014 Farm Bill 

introduced changes to the Sun Grant 

Program that require administrative 

revisions to the regulation governing the 

program. 

III. Administrative Requirements for 

the Rulemaking 

This rule concerns matters relating to 

‘grants, benefits, or contracts,’ 5 U.S.C. 

553(a)(2), and is therefore exempt from 

the requirement of prior notice and 

comment. 

Executive Order 12866 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

Regulatory Flexibility Act of 1980 

This final 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 

certifies that this final regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. This final regulation will affect 

institutions of higher education 

receiving Federal funds under this 

program. The U.S. Small Business 

Administration Size Standards define 

institutions as ‘‘small entities’’ if they 

are for-profit or nonprofit institutions 

with total annual revenue below 

$5,000,000 or if they are institutions 

controlled by governmental entities 

with populations below 50,000. 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 

final 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 final rule does not 

impose any new information 

requirements or increase the burden 

hours. In addition to the SF–424 form 

families (i.e., Research and Related and 

Mandatory) and the SF–425 Federal 

Financial Report (FFR) No. 0348–0061, 

NIFA has three currently approved 

OMB information collections associated 

with this rulemaking: OMB Information 

Collection No. 0524–0042, NIFA 

REEport; No. 0524–0041, NIFA 

Application Review Process; and No. 

0524–0026, Organizational Information. 

Catalog of Federal Domestic Assistance 

This final regulation applies to the 

following Federal financial assistance 

programs administered by NIFA 

including CFDA No. 10.309, Specialty 

Crop Research Initiative; CFDA No. 

10.307, Organic Agriculture Research 

and Extension Initiative; CFDA No. 

10.303, Integrated Research, Education, 

and Extension Competitive Grants 

Program; CFDA No. 10.310, Agriculture 

and Food Research Initiative (AFRI); 

CFDA No. 10.311, Beginning Farmer 

and Rancher Development Program; 

CFDA No. 10.326, Capacity Building for 

Non-Land Grant Colleges of Agriculture; 

and CFDA No. 10.320, Sun Grant 

Program. 

Unfunded Mandates Reform Act of 1995 

and Executive Order 13132 

The Department has reviewed this 

final 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. 

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 

final rule easier to understand. 

List of Subjects in 7 CFR Part 3430 

Administrative practice and 

procedure, Agricultural research, 

Education, Extension, Federal 

assistance. 

Accordingly, the Department of 

Agriculture, National Institute of Food 

and Agriculture, adopts the interim rule 

amending 7 CFR part 3430 which was 

published at 75 FR 54759 on September 

9, 2010, as a final rule with the 

following changes: 

PART 3430—COMPETITIVE AND 

NONCOMPETITIVE NON-FORMULA 

FEDERAL ASSISTANCE PROGRAMS— 

GENERAL AWARD ADMINISTRATIVE 

PROVISIONS 

■ 1. The authority citation for part 3430 

continues to read as follows: 

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

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

Subpart A—General 

■ 2. In § 3430.2, add a definition in 

alphabetical order for ‘‘Certification of 

Non-Land-Grant College of Agriculture 

status’’ to read as follows: 

§ 3430.2 Definitions. 

* * * * * 

Certification of Non-Land-Grant 

College of Agriculture status means an 

institution that followed NIFA’s Process 

for Non-Land Grant College of 

Agriculture (NLGCA) Designation and 


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received a certification of NLGCA 

designation from NIFA (see 

§ 3430.16(c)). 

* * * * * 

Subpart B—Pre-Award: Solicitation 

and Application 

■ 3. In § 3430.16, add paragraph (d) to 

read as follows: 

§ 3430.16 Eligibility requirements. 

* * * * * 

(d) Certification of NLGCA status. 

NIFA will make publically available 

(e.g., Federal Register) the process 

through which institutions may apply 

for designation as a NLGCA. The public 

notice will, at a minimum, include 

NLGCA criteria, instructions on how to 

request designation, information about 

how NIFA will respond to requests, and 

termination of NLGCA status. 

Subpart E—Post-Award and Closeout 

■ 4. In § 3430.52, add paragraphs (a)(1) 

and (2) to read as follows: 

§ 3430.52 Cost sharing and matching. 

(a) * * * 

(1) A recipient of a NIFA competitive 

grant programs that are awarded under 

a covered law provided in section 3371 

of under the National Agricultural 

Research, Extension, and Teaching 

Policy Act of 1977 must provide funds, 

in-kind contributions, or a combination 

of both, from sources other than funds 

provided through such grant in an 

amount that is at least equal to the 

amount awarded by NIFA unless an 

exception applies. NIFA will determine 

program applicability of this match and 

include in the RFA for those programs: 

The match requirement, exceptions, 

waivers, and any other information 

necessary to determine applicability of 

the match requirement. In accordance 

with section 1492 of the National 

Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 

3371), as added by section 7128 of the 

Agricultural Act of 2014 (Pub. L. 113– 

79), for grants awarded after October 1, 

2014, the recipient of an award must 

provide funds, in-kind contributions, or 

a combination of both, from sources 

other than funds provided through such 

grant in an amount that is at least equal 

to the amount awarded by NIFA unless 

one of the exemptions described herein 

is applicable. 

(2) The matching funds requirement 

does not apply to grants awarded: 

(i) To a research agency of the United 

States Department of Agriculture 

(USDA); or 

(ii) To an entity eligible to receive 

funds under a capacity and 

infrastructure program (as defined in 

section 251(f)(1)(C) of the Department of 

Agriculture Reorganization Act of 1994, 

7 U.S.C. 6971(f)(1)(C)), including a 

partner of such an entity. Entities 

eligible to receive funds under a 

capacity and infrastructure program and 

exempt from the matching funds 

requirement include: 

(A) 1862 Land-grant Institutions, 

including State Agricultural Experiment 

Stations receiving funding under the 

Hatch Act of 1887; 

(B) 1890 Land-grant Institutions; 

(C) 1994 Land-grant Institutions; 

(D) Entities eligible to receive funds 

under the of Continuing Animal Health 

and Disease, Food Security, and 

Stewardship Research, Education, and 

Extension Program Funds—Capacity 

and Infrastructure Program (CIP); 

(E) Hispanic-Serving Agricultural 

Colleges and Universities (HSACU); 

(F) Insular Area Schools Eligible to 

Receive Funds from the Distance 

Education/Resident Instruction Grant 

Programs; 

(G) Entities eligible to receive funds 

under the of McIntire-Stennis 

Cooperative Forestry Program Funds; 

(H) Non-Land Grant Colleges of 

Agriculture (NLGCA)—(for exemption 

from the new matching requirement, 

these applications must include NLGCA 

certification, see instructions for 

requesting certifications at http://

www.nifa.usda.gov/form/form.html, and 

for attaching the certification in Part IV, 

B. of this RFA); 

(I) Entities eligible to receive funds 

under a program established under 

section 1417(b) of the National 

Agricultural Research, Extension, and 

Teaching Policy Act of 1977 (7 U.S.C. 

3152(b)), including: 

(1) 1890 Institution Teaching, 

Research, and Extension Capacity 

Building Grants Program; 

(2) Higher Education Challenge Grants 

Program; 

(3) Higher Education Multicultural 

Scholars Program; and 

(4) Food and Agricultural Sciences 

National Needs Graduate and 

Postgraduate Fellowship Grants 

Program. 

(J) Individual public or private, 

nonprofit Alaska Native-Serving and 

Native Hawaiian-Serving Institutions of 

higher education (see 20 U.S.C. 1059d). 

* * * * * 

■ 5. Revise § 3430.54 to read as follows: 

§ 3430.54 Indirect costs. 

Indirect cost rates for grants and 

cooperative agreements shall be 

determined in accordance with 2 CFR 

part 200, unless superseded by another 

authority. Any restriction on indirect 

costs is to be identified in the request 

for applications as appropriate. Use of 

indirect costs as in-kind matching 

contributions is subject to § 3430.52(b). 

Subpart F—Specialty Crop Research 

Initiative 

■ 6. In § 3430.201, revise paragraphs 

(a)(1) and (3) and add paragraph (c) to 

read as follows: 

§ 3430.201 Purpose. 

(a)* * * 

(1) Research in plant breeding, 

genetics, genomics, and other methods 

to improve crop characteristics, such 

as— 

* * * * * 

(3) Efforts to improve production 

efficiency, handling and processing, 

productivity, and profitability over the 

long term (including specialty crop 

policy and marketing). 

* * * * * 

(c) In addition to SCRI grants, NIFA 

will make competitive research and 

extension grants under the Emergency 

Citrus Disease Research and Extension 

program (see § 3430.209). 

■ 7. In § 3430.202, designate the existing 

paragraph as paragraph (a) and add 

paragraph (b) to read as follows: 

§ 3430.202 Definitions 

* * * * * 

(b) The following definitions apply to 

§ 3430.209: 

Citrus means edible fruit of the family 

Rutaceae, including any hybrid of such 

fruits and products of such hybrids that 

are produced for commercial purposes 

in the United States. 

Citrus producer means any person 

that is engaged in the domestic 

production and commercial sale of 

citrus in the United States. 

■ 8. In § 3430.204: 

■ a. Designate the existing paragraph as 

paragraph (a); 

■ b. Remove the second sentence of 

newly designated paragraph (a); and 

■ c. Add paragraph (b). 

The addition reads as follows: 

§ 3430.204 Project types and priorities. 

* * * * * 

(b) In awarding grants under 

§ 3430.208, priority will be given to 

grants that address the research and 

extension priorities established 

pursuant to section 1408A of the 

National Agricultural Research, 

Extension, and Teaching Policy Act of 

1977 (7 U.S.C. 3123a). 

■ 9. Revise the heading for § 3430.207 to 

read as follows: 


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§ 3430.207 Duration of awards. 

* * * * * 

■ 10. Add § 3430.208 to read as follows: 

§ 3430.208 Review of applications. 

In addition to the scientific peer 

review (see § 3430.33), NIFA will 

regularly conduct a panel of specialty 

crop industry representatives to review 

and rank applications for merit, 

relevance and impact. 

■ 11. Add § 3430.209 to read as follows: 

§ 3430.209 Emergency Citrus Disease 

Research and Extension Program. 

The purpose of this program is to 

award competitive grants to: 

(a) Conduct scientific research and 

extension activities, technical 

assistance, and development activities 

to combat citrus diseases and pests, both 

domestic and invasive, which pose 

imminent harm to the United States 

citrus production and threaten the 

future viability of the citrus industry, 

including huanglongbing and the Asian 

Citrus Psyllid; and 

(b) Provide support for the 

dissemination and commercialization of 

relevant information, techniques, and 

technologies discovered pursuant to 

research and extension activities funded 

through— 

(1) The emergency citrus disease 

research and extension program; or 

(2) Other research and extension 

projects intended to solve problems 

caused by citrus production diseases 

and invasive pests. 

Subpart G—Agriculture and Food 

Research Initiative 

■ 12. In § 3430.309: 

■ a. In paragraph (b)(7), remove ‘‘and’’ 

from the end; 

■ b. In paragraph (b)(8), remove the 

period from the end and add a 

semicolon in its place; 

■ c. Add paragraphs (b)(9) and (10); 

■ d. In paragraph (d) introductory text, 

remove ‘‘Renewable energy’’ and add in 

its place ‘‘Bioenergy’’; 

■ e. Redesignate paragraphs (d)(4), (5), 

and (6) as paragraphs (d)(5), (6), and (7), 

respectively, and add new paragraph 

(d)(4); 

■ f. In paragraph (f) introductory text, 

add ‘‘economics,’’ after ‘‘trade’’; 

■ g. Redesignate paragraphs (f)(5) and 

(6) as paragraphs (f)(6) and (7), 

respectively, and add new paragraph 

(f)(5). 

The additions read as follows: 

§ 3430.309 Priority areas. 

* * * * * 

(b) * * * 

(9) The research and development of 

surveillance methods, vaccines, 

vaccination delivery systems, or 

diagnostic tests for pests and diseases, 

including— 

(i) Epizootic diseases in domestic 

livestock (including deer, elk, bison, 

and other animals of the family 

Cervidae); and 

(ii) Zoonotic diseases (including 

bovine brucellosis and bovine 

tuberculosis) in domestic livestock or 

wildlife reservoirs that present a 

potential concern to public health; and 

(10) The identification of animal drug 

needs and the generation and 

dissemination of data for safe and 

effective therapeutic applications of 

animal drugs for minor species and 

minor uses of such drugs in major 

species. 

* * * * * 

(d) * * * 

(4) The effectiveness of conservation 

practices and technologies designed to 

address nutrient losses and improve 

water quality; 

* * * * * 

(f) * * * 

(5) The economic costs, benefits, and 

viability of producers adopting 

conservation practices and technologies 

designed to improve water quality; 

* * * * * 

Subpart H—Organic Agriculture 

Research and Extension Initiative 

■ 13. In § 3430.401, revise paragraphs 

(a), (b)(1), (b)(2), and (b)(6) to read as 

follows: 

§ 3430.401 Purpose. 

(a) The purpose of this program is to 

make competitive grants, in 

consultation with the Advisory Board, 

to support research, education and 

extension activities regarding 

organically grown and processed 

agricultural commodities. 

(b) * * * 

(1) Facilitating the development and 

improvement of organic agriculture 

production, breeding, and processing 

methods; 

(2) Evaluating the potential economic 

benefits of organic agricultural 

production and methods to producers, 

processors, and rural communities; 

* * * * * 

(6) Conducting advanced on-farm 

research and development that 

emphasizes observation of, 

experimentation with, and innovation 

for working organic farms, including 

research relating to production, 

marketing, food safety, socioeconomic 

conditions, and farm business 

management; 

* * * * * 

§ 3430.402 [Removed and Reserved] 

■ 14. Remove and reserve § 3430.402. 

Subpart J—Beginning Farmer and 

Rancher Development Program 

■ 15. In § 3430.603, revise paragraph (c) 

to read as follows: 

§ 3430.603 Eligibility. 

* * * * * 

(c) A community-based or 

nongovernmental organization; 

* * * * * 

■ 16. In § 3430.604, revise paragraphs 

(a)(1) through (14) to read as follows: 

§ 3430.604 Project types and priorities. 

(a) * * * 

(1) Basic livestock, forest 

management, and crop farming 

practices; 

(2) Innovative farm, ranch, and 

private, nonindustrial forest land 

transfer strategies; 

(3) Entrepreneurship and business 

training; 

(4) Financial and risk management 

training (including the acquisition and 

management of agricultural credit); 

(5) Natural resource management and 

planning; 

(6) Diversification and marketing 

strategies; 

(7) Curriculum development; 

(8) Mentoring, apprenticeships, and 

internships; 

(9) Resources and referral; 

(10) Farm financial benchmarking; 

(11) Assisting beginning farmers or 

ranchers in acquiring land from retiring 

farmers and ranchers; 

(12) Agricultural rehabilitation and 

vocational training for veterans; 

(13) Farm safety and awareness; and 

(14) Other similar subject areas of use 

to beginning farmers or ranchers. 

* * * * * 

§ 3430.605 [Amended] 

■ 17. In § 3430.605, in paragraph (b), 

revise the reference ‘‘§ 3430.5460’’ to 

read ‘‘§ 3430.54.’’ 

■ 18. In § 3430.608, revise paragraph (b) 

to read as follows: 

§ 3430.608 Review criteria. 

* * * * * 

(b) Partnership and collaboration. In 

making awards under this subpart, 

NIFA shall give priority to partnerships 

and collaborations that are led by or 

include nongovernmental, and 

community-based organizations, and 

school-based agricultural educational 

organizations with expertise in new 

agricultural producer training and 

outreach. 

* * * * * 


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6416 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 

■ 19. In § 3430.609, revise paragraph (a) 

and in paragraphs (c) and (d), remove 

the phrase ‘‘and an award for an 

educational enhancement team project’’. 

The revision reads as follows: 

§ 3430.609 Other considerations. 

(a) Set aside. (1) Not less than 5 

percent of the funds used to carry out 

this subsection for a fiscal year shall be 

used to support programs and services 

that address the needs of— 

(i) Limited resource beginning farmers 

or ranchers (see 3430.602); 

(ii) Socially disadvantaged farmers or 

ranchers (as defined in section 355(e) of 

the Consolidated Farm and Rural 

Development Act (7 U.S.C. 2003(e)) who 

are beginning farmers or ranchers; and 

(iii) Farmworkers desiring to become 

farmers or ranchers. 

(2) Each fiscal year, NIFA shall set 

aside not less than 5 percent of the 

funds to support the standard BFRDP 

projects under this subpart to support 

programs and services that address the 

needs of veteran farmers and ranchers 

(as defined in section 2501(e) of the 

Food, Agriculture, Conservation, and 

Trade Act of 1990 (7 U.S.C. 2279(e)). 

Recipients of these funds may 

coordinate with a recipient of an award 

under section 1680 of the Food, 

Agriculture, Conservation, and Trade 

Act of 1990 (7 U.S.C. 5933) in 

addressing the needs of veteran farmers 

and ranchers with disabilities. 

* * * * * 

■ 20. Add subpart L to read as follows: 

Subpart L—Capacity Building Grants 

for Non-Land Grant Colleges of 

Agriculture Program 

Sec. 

3430.800 Applicability. 

3430.801 Purpose. 

3430.802 Definitions. 

3430.803 Eligibility. 

3430.804 Project types and priorities. 

3430.805 Funding restrictions. 

3430.806 Matching requirements. 

3430.807 Duration of grant. 

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

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

§ 3430.800 Applicability. 

The regulations in this subpart apply 

to the program authorized under section 

1473F of the National Agricultural 

Research, Extension, and Teaching 

Policy Act of 1977 (NARETPA), as 

added by section 7138 of the Food, 

Conservation, and Energy Act of 2008, 

(7 U.S.C. 3319i). 

§ 3430.801 Purpose. 

The purpose of this program is to 

make competitive grants to Non Land 

Grant Colleges of Agriculture (NLGCA) 

Institutions to assist the NLGCA 

Institutions in maintaining and 

expanding the capacity to conduct 

education, research, and outreach 

activities relating to agriculture, 

renewable resources, and other similar 

disciplines. 

§ 3430.802 Definitions. 

The definitions applicable to the 

program under this subpart include: 

Capacity building means enhancing 

and strengthening the quality and depth 

of an institution’s research and 

academic programs as evidenced by its: 

faculty expertise, scientific and 

technical resources, research 

environment, curriculum, student 

experiential learning opportunities, 

scientific instrumentation, library 

resources, academic standing and racial, 

ethnic, or gender diversity of its faculty 

and student body, faculty and student 

recruitment and retention programs, and 

organizational structures and reward 

systems for attracting and retaining firstrate research and teaching faculty or 

students. 

Citizen or national of the United 

States means: 

(1) A citizen or native resident of a 

State; or, 

(2) A person defined in the 

Immigration and Nationality Act, 8 

U.S.C. 1101(a) (22), who, though not a 

citizen of the United States, owes 

permanent allegiance to the United 

States. 

Eligible participant means an 

individual who is a citizen or national 

of the United States as defined in this 

section. 

Food and agricultural sciences means 

basic, applied, and developmental 

research, extension, and teaching 

activities in food and fiber, agricultural, 

renewable energy and natural resources, 

forestry, and physical and social 

sciences, including activities relating to 

the following: 

(1) Animal health, production, and 

well-being. 

(2) Plant health and production. 

(c) Animal and plant germ plasm 

collection and preservation. 

(3) Aquaculture. 

(4) Food safety. 

(5) Soil, water, and related resource 

conservation and improvement. 

(6) Forestry, horticulture, and range 

management. 

(7) Nutritional sciences and 

promotion. 

(8) Farm enhancement, including 

financial management, input efficiency, 

and profitability. 

(9) Home economics (Family and 

Consumer Sciences). 

(10) Rural human ecology. 

(11) Youth development and 

agricultural education, including 4–H 

clubs. 

(12) Expansion of domestic and 

international markets for agricultural 

commodities and products, including 

agricultural trade barrier identification 

and analysis. 

(13) Information management and 

technology transfer related to 

agriculture. 

(14) Biotechnology related to 

agriculture. 

(15) The processing, distributing, 

marketing, and utilization of food and 

agricultural products. (7 U.S.C. Section 

3103). 

Joint project proposal means: 

(1) An application for a project: 

(i) Which will involve the applicant 

institution working in cooperation with 

one or more other entities not legally 

affiliated with the applicant institution, 

including other schools, colleges, 

universities, community colleges, junior 

colleges, units of State government, 

private sector organizations, or a 

consortium of institutions; and 

(ii) Where the applicant institution 

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 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. 

Large-scale, Comprehensive Initiative 

(LCI) project proposal means: 

(1) An application for a project: 

(i) Which will involve the applicant 

institution/organization working in 

cooperation with two or more other 

entities not legally affiliated with the 

applicant institution, including other 

schools, colleges, universities, 

community colleges, junior colleges, 

units of State government, private sector 

organizations, or a consortium of 

institutions; and 

(ii) Where the applicant institution 

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 LCI proposal must retain at 

least 30 percent but not more than 70 


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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 6417 

percent of the awarded funds and no 

cooperating entity may receive less than 

10 percent of awarded funds. Only the 

applicant institution must meet the 

definition of an eligible institution as 

specified in this RFA; other entities 

participating in a joint project proposal 

are not required to meet the definition 

of an eligible institution. LCI Project 

Proposals must support a multi-partner 

approach to solving a major state or 

regional challenge in agricultural 

sciences education at the postsecondary 

level. LCI Project Proposals are 

characterized by multiple partners (each 

providing a specific expertise) organized 

and led by a strong applicant with 

documented project management ability 

to organize and carry out the initiative. 

Non-land-grant college of agriculture 

(NLGCA) means a public college or 

university offering a baccalaureate or 

higher degree in the study of agriculture 

or forestry. The terms ‘‘NLGCA 

Institution’’ and ‘‘non-land-grant college 

of agriculture’’ do not include: 

(1) Hispanic-serving agricultural 

colleges and universities; or 

(2) Any institution designated under: 

a. the Act of July 2, 1862 (commonly 

known as the ‘‘First Morrill Act’’; 7 

U.S.C. 301 et seq., or the ‘1862 Land 

Grants’); 

(3) The Act of August 30, 1890 

(commonly known as the ‘‘Second 

Morrill Act’’) (7 U.S.C. 321 et seq., or 

the ‘1890 Land Grants’); 

(4) The Equity in Educational LandGrant Status Act of 1994 (Public Law 

103–382; 7 U.S.C. 301 note, or the ‘1994 

or Tribal Colleges Land Grants’); or 

(5) Public Law 87–788 (commonly 

known as the ‘‘McIntire-Stennis 

Cooperative Forestry Act’’) (16 U.S.C. 

582a et seq.). 

Outcomes means specific, measurable 

project results and benefits that, when 

assessed and reported; indicate the 

project’s plan of operation has been 

achieved. Measurable outcomes include: 

(1) Results are intended or 

unintended consequences of the project, 

(e.g., ‘‘. . . additional course materials 

now available online to reinforce 

student learning during non-classroom 

hours’’); 

(2) Products may be actual items or 

services acquired with funds, (e.g., 

‘‘. . . mechanisms and content to 

transition existing course(s) or elements 

of course(s) for Web-based access’’ or 

‘‘created new and innovative prevention 

and intervention initiatives’’); and 

(3) Impacts are a measure of the 

results by comparing what might have 

happened in the absence of the funded 

project, (e.g., ‘‘. . . an observed, overall 

increase in student learning based upon 

8% higher average test scores of those 

students who both attended class and 

used the supplemental, Web-based 

course materials’’.) 

Regular project proposal means a 

proposal for a project: 

(1) Where the applicant institution 

will be the sole entity involved in the 

execution of the project; or 

(2) Which will involve the applicant 

institution and one or more other 

entities, but where the involvement of 

the other entity(ies) does not meet the 

requirements for a joint project proposal 

as defined in this section. 

Sustainable Agriculture means an 

integrated system of plant and animal 

production practices having a sitespecific application that will, over the 

long-term— 

(1) Satisfy human food and fiber 

needs; 

(2) Enhance environmental quality 

and the natural resource base upon 

which the agriculture economy 

depends; 

(3) Make the most efficient use of 

nonrenewable resources and on-farm 

resources and integrate, where 

appropriate, natural biological cycles 

and controls; 

(4) Sustain the economic viability of 

farm operations; and 

(5) Enhance the quality of life for 

farmers and society as a whole. 

Teaching and education mean formal 

classroom instruction, laboratory 

instruction, and practicum experience 

in the food and agricultural sciences 

and matters relating thereto (such as 

faculty development, student 

recruitment and services, curriculum 

development, instructional materials 

and equipment, and innovative teaching 

methodologies) conducted by colleges 

and universities offering baccalaureate 

or higher degrees. 

§ 3430.803 Eligibility. 

(a) Institution eligibility. Applications 

may only be submitted by a NLGCA 

institution. For the purposes of this 

program, the individual branches of a 

State college or university that are 

separately accredited as degree-granting 

institutions are treated as separate 

institutions, and are therefore eligible to 

apply for NLGCA Program awards. 

Separate branches or campuses of a 

college or university that are not 

individually accredited as degreegranting institutions are not treated as 

separate institutions, and are therefore 

not eligible to submit an application. 

Accreditation must be conferred by an 

agency or association recognized by the 

Secretary of the U.S. Department of 

Education. 

(b) Teacher or student eligibility. A 

teacher or student recipient receiving 

Federal funds from this grants program 

must be an eligible participant. Where 

eligibility is claimed under 8 U.S.C. 

1101(a)(22), documentary evidence from 

the Immigration and Naturalization 

Service as to such eligibility must be 

made available to NIFA upon request. 

§ 3430.804 Project types and priorities. 

(a) For each RFA, NIFA may develop 

and include the appropriate project 

types and focus areas based on the 

critical needs identified through 

stakeholder input and deemed 

appropriate by NIFA. 

(b) The RFA will specify which of the 

following project types applicants may 

submit applications: 

(1) Regular project proposal (the 

applicant executes the project without 

the requirement of sharing grant funds 

with other project partners); 

(2) Conference/planning grant to 

facilitate strategic planning session(s); 

(3) 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 

(4) Large-scale (state or region) 

comprehensive initiatives (LCI) 

(Applicant + Two or more Partners). 

§ 3430.805 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, on-campus room and 

board, academic fees or other financial 

assistance (scholarships or fellowships) 

are not allowed. 

(c) Promotional items (e.g., T-shirts 

and other giveaways) and food functions 

(e.g., cookouts or other social or meal 

gatherings) are considered 

‘entertainment’ expenses, and are, 

therefore, also not allowed under this 

grants program. 

§ 3430.806 Matching requirements. 

There are no matching requirements 

for grants under this subpart. 

§ 3430.807 Duration of grant. 

The term of a Federal assistance 

award made for a NLGCA project shall 

not exceed 5 years. No-cost extensions 

of time beyond the maximum award 

terms will not be considered or granted. 


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6418 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Rules and Regulations 

Subpart O—Sun Grant Program 

§ 3430.1001 [Amended] 

■ 21. In § 3430.1001, in paragraph (d), 

remove the words ‘‘the Department of 

Energy’’ and add in their place ‘‘other 

appropriate Federal agencies (as 

determined by the Secretary)’’. 

§ 3430.1002 [Amended] 

■ 22. In § 3430.1002, remove the 

definition for the term ‘‘gasification.’’ 

§ 3430.1003 [Amended] 

■ 23. In § 3430.1003: 

■ a. In paragraph (a)(1), remove the 

words ‘‘at South Dakota State 

University’’; 

■ b. In paragraph (a)(2), remove the 

words ‘‘at University of Tennessee at 

Knoxville’’; 

■ c. In paragraph (a)(3), remove the 

words ‘‘at Oklahoma State University’’; 

■ d. In paragraph (a)(4), remove the 

words ‘‘at Cornell University’’; 

■ e. In paragraph (a)(5), remove the 

words ‘‘at Oregon State University’’; and 

■ f. In paragraph (a)(6), remove the 

words ‘‘at the University of Hawaii’’. 

§ 3430.1004 [Amended] 

■ 24. In § 3430.1004, in paragraph (a)(1), 

remove the words ‘‘multistate research, 

extension, and education programs on 

technology development and multiinstitutional and multistate integrated 

research, extension, and education 

programs on technology 

implementation’’ and add in their place 

the words ‘‘integrated, multistate 

research, extension, and education 

programs on technology development 

and technology implementation’’. 

§ 3430.1005 [Amended] 

■ 25. In § 3430.1005, in paragraph (b), 

remove the words ‘‘each of the five 

Centers’’ and add in their place the 

words ‘‘the Centers’’. 

§ 3430.1007 [Amended] 

■ 26. In § 3430.1007: 

■ a. In the first sentence of paragraph 

(a), remove the words ‘‘gasification’’ and 

‘‘the Department of Energy’’ and add in 

their place the words ‘‘bioproducts’’ and 

‘‘other appropriate Federal agencies’’ 

respectively; and 

■ b. Remove the second and third 

sentences of paragraph (a). 

■ c. Remove and reserve paragraph (b). 

Done at Washington, DC, this 21 day of 

January, 2016. 

Sonny Ramaswamy, 

Director, National Institute of Food and 

Agriculture. 

[FR Doc. 2016–02213 Filed 2–5–16; 8:45 am] 

BILLING CODE 3410–22–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

7 CFR Part 3555 

RIN 0575–AC18 

Single Family Housing Guaranteed 

Loan Program 

AGENCY: Rural Housing Service, USDA. 

ACTION: Final rule. 

SUMMARY: This final rule follows 

publication of the December 9, 2013, 

interim final rule and makes changes in 

response to public comment and further 

consideration of certain issues by the 

Rural Housing Service (RHS or Agency) 

to the Single Family Housing 

Guaranteed Loan Program (SFHGLP). 

The changes made by this final rule are 

designed to further improve and clarify 

Agency instructions while strengthening 

and enhancing the SFHGLP process by 

reducing regulations, improving 

customer service to achieve greater 

efficiency, flexibility and effectiveness. 

This rule will allow RHS to manage the 

program more effectively and reduce 

SFHGLP risk of loss. 

DATES: This rule is effective on March 9, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Lilian Lipton, Finance and Loan 

Analyst, Single Family Housing 

Guaranteed Loan Division, STOP 0784, 

Room 2250, USDA Rural Development, 

South Agriculture Building, 1400 

Independence Avenue SW., 

Washington, DC 20250–0784, telephone: 

(202) 720–1452, email is lilian.lipton@

wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, Classification 

This final rule has been determined to 

be non-significant by the Office of 

Management and Budget (OMB) under 

Executive Order 12866. 

Executive Order 12988, Civil Justice 

Reform 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Except where specified, all 

State and local laws and regulations that 

are in direct conflict with this rule will 

be preempted. Federal funds carry 

Federal requirements. No person is 

required to apply for funding under this 

program, but if they do apply and are 

selected for funding, they must comply 

with the requirements applicable to the 

Federal program funds. This rule is not 

retroactive. It will not affect agreements 

entered into prior to the effective date 

of the rule. Before any judicial action 

may be brought regarding the provisions 

of this rule, the administrative appeal 

provisions of 7 CFR part 11 must be 

exhausted. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effect of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

the Agency generally must prepare a 

written statement, including a costbenefit analysis, for proposed and final 

rules with ‘‘Federal mandates’’ that may 

result in expenditures to State, local, or 

tribal governments, in the aggregate, or 

to the private sector, of $100 million, or 

more, in any one year. When such a 

statement is needed for a rule, section 

205 of the UMRA generally requires the 

Agency to identify and consider a 

reasonable number of regulatory 

alternatives and adopt the least costly, 

most cost-effective, or least burdensome 

alternative that achieves the objectives 

of the rule. 

This final rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, and tribal governments or 

the private sector. Therefore, this rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

Environmental Impact Statement 

This document has been reviewed in 

accordance with 7 CFR part 1940, 

subpart G, ‘‘Environmental Program.’’ It 

is the determination of the Agency that 

this action does not constitute a major 

Federal action significantly affecting the 

quality of the human environment, and, 

in accordance with the National 

Environmental Policy Act of 1969, 

Public Law 91–190, neither an 

Environmental Assessment nor an 

Environmental Impact Statement is 

required. 

Executive Order 13132, Federalism 

The policies contained in this rule do 

not have any substantial direct effect on 

States, on the relationship between the 

national government and States, or on 

the distribution of power and 

responsibilities among the various 

levels of government. Nor does this rule 

impose substantial direct compliance 

costs on State and local governments. 

Therefore, consultation with the States 

is not required. 

Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) the 

undersigned has determined and 


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