Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51585 

(e) Mature dry pea production that 

does not qualify as contract seed peas 

under the policy terms or does not meet 

the objective, measurable minimum 

quality requirements (e.g., size, 

germination percentage) contained in 

the processor/seed company contract, 

may be adjusted for quality deficiencies. 

(1) Production will be eligible for 

quality adjustment in accordance with 

the following, unless otherwise 

specified in the Special Provisions: 

* * * * * 

15. Winter Coverage Option. 

(a) In the event of a conflict between 

this section and sections 1 through 14 

of these Crop Provisions, this section 

will control. 

(b) You must have purchased 

additional coverage under the Dry Pea 

Crop Provisions in order to select this 

option. 

(c) In return for payment of the 

additional premium designated in the 

actuarial documents, this option is 

available in counties for which the 

actuarial documents provide premium 

rates for the Winter Coverage Option. 

(d) This option is available only in 

counties for which the Special 

Provisions designate both a fall final 

planting date and a spring final planting 

date. 

(e) You must select this option on 

your application for insurance, or on a 

form approved by us, on or before the 

sales closing date for the initial year in 

which you wish to insure dry peas 

under this option. 

(1) Failure to do so means you have 

rejected this coverage for the dry pea 

crop planted in the fall and this option 

is void. 

(2) This option will continue in effect 

until canceled or coverage under the 

Dry Pea Crop Provisions is canceled or 

terminated. 

(3) This option may be canceled by 

you or us for any succeeding crop year 

by giving written notice to the other 

party on or before the cancellation date 

contained in section 15(g) preceding the 

crop year for which the cancellation of 

this option is to be effective. 

(4) You may change your coverage 

level or percentage of price election for 

dry pea types until the spring sales 

closing date if you have selected this 

option, but do not have any insured fall 

planted acreage or your fall planted 

acreage is not eligible for this option. 

(f) Coverage under this option begins 

on the later of the date we accept your 

application for coverage or on the fall 

final planting date designated in the 

Special Provisions. Coverage ends on 

the spring final planting date designated 

in the Special Provisions. 

(g) If you elect this option for dry peas 

initially planted in the fall, the 

following dates will be applicable to all 

your fall-planted and spring-planted dry 

peas in the county: 

(1) Contract change date is June 30 

preceding the cancellation date; 

(2) Cancellation date is September 30; 

and 

(3) Termination date is November 30. 

For a policy with amounts due, when 

the sales closing date is prior to the 

previous crop year termination date, 

such policies will terminate for the 

current crop year even if insurance 

attached prior to the termination date. 

Such termination will be considered 

effective as of the sales closing date and 

no insurance will be considered to have 

attached for the crop year and no 

indemnity, prevented planting or 

replant payment will be owed. 

(h) All notices of damage must be 

provided to us not later than 15 days 

after the spring final planting date 

designated in the Special Provisions. 

(i) All insurable acreage of each fall 

planted dry pea type covered under this 

option must be insured. 

(j) The amount of any indemnity paid 

under the terms of this option will be 

subject to any reduction specified in the 

Basic Provisions for multiple crop 

benefits in the same crop year. 

(k) Whenever any acreage of dry peas 

planted in the fall is damaged during 

the insurance period and at least 20 

acres or 20 percent of the insured 

planted acreage in the unit, whichever 

is less, does not have an adequate stand 

to produce at least 90 percent of the 

production guarantee for the acreage, 

you may, at your option, take one of the 

following actions: 

(1) Continue to care for the damaged 

dry peas. By doing so, coverage will 

continue under the terms of the Basic 

Provisions, these Crop Provisions and 

this option; 

(2) Replant the acreage to an 

appropriate type of insured dry peas, if 

it is practical, and receive a replanting 

payment in accordance with the terms 

of section 11. By doing so, coverage will 

continue under the terms of the Basic 

Provisions, these Crop Provisions and 

this option, and the production 

guarantee for the dry pea type planted 

in the fall will remain in effect; or 

(3) Destroy the remaining crop on 

such acreage: 

(i) By destroying the remaining crop, 

you agree to accept an appraised 

amount of production determined in 

accordance with section 13(d)(1) of 

these Crop Provisions to count against 

the unit production guarantee. This 

amount will be considered production 

to count in determining any final 

indemnity on the unit and will be used 

to settle your claim as described in 

section 13. 

(ii) You may use such acreage for any 

purpose, including planting and 

separately insuring any other crop if 

such insurance is available. 

(iii) If you elect to plant and elect to 

insure spring-planted dry pea acreage of 

the same dry pea type (you must elect 

whether or not you want insurance on 

the spring-planted acreage of the same 

dry pea type at the time we release the 

fall-planted acreage), you must pay 

additional premium for insurance. Such 

acreage will be insured in accordance 

with the policy provisions that are 

applicable to acreage that is initially 

planted in the spring to the same dry 

pea type, and you must: 

(A) Plant the spring-planted acreage 

in a manner which results in a clear and 

discernable break in the planting pattern 

at the boundary between it and any 

remaining acreage of the fall-planted dry 

pea acreage; and 

(B) Store or market the production in 

a manner which permits us to verify the 

amount of spring-planted production 

separately from any fall-planted 

production. In the event you are unable 

to provide records of production that are 

acceptable to us, the spring-planted 

acreage will be considered to be a part 

of the original fall-planted unit. 

Signed in Washington, DC, on August 26, 

2008. 

Eldon Gould, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. E8–20128 Filed 9–3–08; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1291 

[Docket No. AMS–FV–08–0057; FV–08–379 

IFR] 

RIN 0581–AC88 

Specialty Crop Block Grant Program—

Farm Bill; Notice of Request for 

Approval of a New Information 

Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule provides regulations 

to administer the Specialty Crop Block 

Grant Program—Farm Bill (SCBGP–FB) 

to enhance the competitiveness of 

specialty crops. This rule is intended to 


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51586 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

establish eligibility and application 

requirements and grant administration 

procedures for the SCBGP–FB 

consistent with the Food, Conversation, 

and Energy Act of 2008 (Farm Bill) 

amendments to the Specialty Crops 

Competitiveness Act of 2004. This 

program is separate from the Specialty 

Crop Block Grant Program (SCBGP) 

found in 7 CFR part 1290. 

DATES: Effective September 5, 2008; 

comments received by November 3, 

2008, will be considered prior to 

issuance of a final rule. Pursuant to the 

Paperwork Reduction Act, comments on 

the information collection burden that 

would result from this rule must be 

received by November 3, 2008. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this action. Comments must 

be posted on http:// 

www.regulations.gov; or sent to the 

Docket Clerk, Fruit and Vegetable 

Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0235, 

Washington, DC 20250–0235; Fax: (202) 

720–0016; E-mail: 

scblockgrants@usda.gov. 

In addition, comments concerning the 

information collection and 

recordkeeping requirement required by 

this rule should also be sent to the Desk 

Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, 725 17th St., 

NW., Room 725, Washington, DC 20503. 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information will have 

practical utility; (2) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

All comments should reference the 

docket number AMS–FV–08–0057; FV–

08–379, the date, and the page number 

of this issue of the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Trista Etzig, Fruit and Vegetable 

Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0235, 

Washington, DC 20250–0235; 

Telephone: (202) 690–4942; Fax: (202) 

720–0016; or E-mail: 

trista.etzig@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This rule has been determined to be 

not significant for the purposes of 

Executive Order 12866 and therefore 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Public Law 104–4 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State and 

local governments and the private 

sector. Under section 202 of the UMRA, 

the Agricultural Marketing Service 

(AMS) generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures by State and local 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year (2 U.S.C. 1532). When 

such a statement is needed for a rule, 

section 205 of the UMRA generally 

requires federal agencies 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 (2 U.S.C. 

1535). 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State and local governments or the 

private sector of $100 million or more 

in any one year. Therefore, this rule is 

not subject to the requirements of 

sections 202 and 205 of the UMRA. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This action is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations or policies, unless they 

present an irreconcilable conflict with 

this rule. There are no administrative 

procedures which must be exhausted 

prior to any judicial challenge to the 

provisions of this rule. 

Catalog of Federal Domestic Assistance 

This program is listed in the Catalog 

of Federal Domestic Assistance under 

No. 10.170, Specialty Crop Block Grant 

Program—Farm Bill. 

Executive Order 12372 

This program is not subject to the 

provisions of Executive Order 12372, 

which requires intergovernmental 

consultation with State and local 

officials. See the Notice related to 7 CFR 

part 3015, subpart V published at 48 FR 

29115 (June 24, 1983). 

Executive Order 12612 

It has been determined that this rule 

does not have sufficient Federalism 

implications to warrant the preparation 

of a Federalism Assessment. The 

provisions contained in this rule would 

not have a substantial direct effect on 

States or their political subdivisions or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

Regulatory Flexibility Act 

The AMS certifies that this rule will 

not have a significant impact on a 

substantial number of small entities as 

defined in the Regulatory Flexibility 

Act, Public Law 96–534, as amended (5 

U.S.C. 601 et seq.). This rule only will 

impact State departments of agriculture 

that apply for grant funds. States, as 

defined under the SCBGP–FB, mean the 

fifty States, the District of Columbia, the 

Commonwealth of Puerto Rico, Guam, 

American Samoa, the U.S. Virgin 

Islands, and the Commonwealth of the 

Northern Mariana Islands. The States 

are not small entities under the Act. 

Authority for a Specialty Crop Block 

Grant Program 

This program is intended to 

accomplish the goal of enhancing the 

competitiveness of specialty crops. The 

SCBGP–FB is authorized under section 

101 of the Specialty Crops 

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

1621 note, amended under section 

10109 of the Food, Conservation, and 

Energy Act of 2008, the Farm Bill). 

Section 10109 directs the Secretary of 

Agriculture to make grants to States to 

be used by State departments of 

agriculture solely to enhance the 

competitiveness of specialty crops. This 

program is separate from the Specialty 

Crop Block Grant Program (SCBGP) 

found in 7 CFR part 1290. 

This rule also invites comments on 

the reporting and recordkeeping 

provisions that would be generated by 

this interim final rule. The information 

collection and recordkeeping 

requirements associated with this 

interim final rule are explained in more 

detail in the Paperwork Reduction Act 

section of this rule. 

Background 

On July 30, 2008, AMS published at 

73 FR 44211, a Notice of Funds 

Availability. AMS announced the 

availability of approximately $10 

million in grant funds, less USDA 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51587 

administrative costs, to enhance the 

competitiveness of specialty crops. The 

2008 Farm Bill makes the SCBGP–FB 

funds available only through the end of 

the fiscal year (September 30, 2008). In 

view of this, a shorter application 

period was deemed appropriate. 

Applications are to be received not later 

than September 8, 2008. The application 

process is discussed in the July 30, 2008 

Notice of Funds Availability. This 

interim final rule includes additional 

application and State plan requirements 

beginning with fiscal year 2009. 

Under the program established by this 

interim final rule, the Fruit and 

Vegetable Program will announce every 

fiscal year that applications may be 

submitted for participation in a 

‘‘Specialty Crop Block Grant Program—

Farm Bill’’, which will be administered 

by personnel of the Agricultural 

Marketing Service (AMS). 

Mandatory funding will be made 

available to the Secretary of Agriculture 

to provide specialty crop block grants of 

$10 million for fiscal year 2008, $49 

million in 2009, and $55 million in each 

of fiscal years 2010 through 2012, less 

USDA administrative costs. Each fiscal 

year, the AMS intends to publish a 

Federal Register notice announcing the 

program and soliciting grant 

applications. The notice will include 

the amount of grant funds available to 

each State and the application period. 

For each fiscal year, each State that 

submits an application that is reviewed 

and approved by AMS is to receive at 

least an amount that is equal to the 

higher of $100,000, or 1⁄3 of 1 percent of 

the total amount of funding made 

available for that fiscal year to enhance 

the competitiveness of specialty crops. 

In addition, each State will receive an 

amount that represents the proportion of 

the value of specialty crop production 

in the state in relation to the national 

value of specialty crop production using 

the latest available complete specialty 

crop production data set in all states 

whose applications are accepted. 

All 50 States, the District of Columbia, 

the Commonwealth of Puerto Rico, 

Guam, American Samoa, the U.S. Virgin 

Islands, and the Commonwealth of the 

Northern Mariana Islands are eligible to 

participate. SCBGP applications will be 

accepted from any State department of 

agriculture, as defined under the 

SCBGP–FB, which means the agency, 

commission, or department of a State 

government responsible for agriculture 

within the State. 

‘‘Specialty crops’’ for the purpose of 

this rule, means fruits and vegetables, 

tree nuts, dried fruits, horticulture and 

nursery crops (including floriculture). 

The inclusion of horticulture means 

turfgrass sod is a covered commodity. 

Section 1291.4 prescribes that grant 

funds shall be used to enhance the 

competitiveness of eligible specialty 

crops and benefit the specialty crop 

industry and/or the public. For a list of 

eligible specialty crops and ineligible 

commodities, please refer to the SCBGP 

Guidelines available on the SCBGP Web 

site at http://www.ams.usda.gov/fv. 

Section 1291.7 prescribes application 

procedures that include a State plan to 

indicate how grant funds will be 

utilized to enhance the competitiveness 

of specialty crops. For guidance on 

completing the application, please refer 

to the SCBGP Guidelines available on 

the SCBGP Web site at http:// 

www.ams.usda.gov/fv. 

State departments of agriculture are 

encouraged to conduct outreach to 

specialty crop producers, including 

socially disadvantaged and beginning 

farmers of specialty crops and develop 

their State plans through a competitive 

process to ensure maximum public 

input and benefit. States are also 

encouraged to include multi-state and 

regional proposals. 

Section 1291.10 prescribes that States 

who do not apply for or do not request 

all available funding during the 

specified grant application period will 

forfeit all or that portion of available 

funding not requested for that 

application year. Funds not obligated 

will be allocated pro rata to the 

remaining States who applied during 

the specified grant application period to 

be solely expended on projects 

previously approved in their State plan. 

AMS is inviting comments on this 

interim final rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the AMS has requested 

emergency review and approval by the 

Office of Management and Budget of a 

new information collection. 

Title: Specialty Crop Block Grant 

Program—Farm Bill. 

OMB Number: 0581-New. 

Type of Request: New Information 

Collection. 

Expiration Date of Approval: 3 years 

from date of OMB approval. 

Abstract: The information collection 

requirements in this request are applied 

only to those State departments of 

agriculture who voluntarily participate 

in the SCBGP–FB. The information 

collected is needed for the 

implementation of the SCBGP–FB, to 

determine a State department of 

agriculture’s eligibility in the program, 

and to certify that grant participants are 

complying with applicable program 

regulations. Data collected is the 

minimum information necessary to 

effectively carry out the requirements of 

the program, and to fulfill the intent of 

Section 101 of the Competitiveness Act 

of 2004, as amended by Section 10109 

of the Food, Conservation, and Energy 

Act of 2008, Public Law 110–246, the 

Farm Bill. 

State departments of agriculture who 

wish to participate in the SCBGP–FB 

would have to submit the following: 

(a) SF–424, ‘‘Application for Federal 

Assistance’’, (approved under OMB 

collection number 4040–0004) is 

required to apply for federal assistance. 

(b) SF–424A, ‘‘Budget InformationNon-Construction Programs,’’ (approved 

under OMB collection number 0348– 

0044) is required to show each project’s 

budget breakdown. 

(c) Form SF–424B, ‘‘Assurances-NonConstruction Programs’’, (approved 

under OMB collection number 0348– 

0040) to assure the Federal government 

of the applicant’s legal authority to 

apply for Federal assistance. 

(d) State Plan Narrative. Completed 

applications must include a State Plan 

Narrative to show how grant funds will 

be utilized to enhance the 

competitiveness of specialty crops. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 10 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 56 

(All 50 States, the District of Columbia, 

the Commonwealth of Puerto Rico, 

Guam, American Samoa, the U.S. Virgin 

Islands, and the Commonwealth of the 

Northern Mariana Islands). 

Estimated Number of Responses: 56. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 560 hours. 

Before funds are dispersed, State 

departments of agriculture must 

complete the following forms: 

(a) Form AD–1047, ‘‘Certification 

Regarding Disbarment, Suspension, and 

Other Responsibility Matters—Primary 

Covered Transactions.’’ This form must 

have the grantee’s original signature. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .20 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 

56. 

Estimated Number of Responses: 56. 

Estimated Number of Responses per 

Respondent: 1. 


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Estimated Total Annual Burden on 

Respondents: 11.20 hours. 

(b) Form AD–1048, ‘‘Certification 

Regarding Disbarment, Suspension, 

Ineligibility and Voluntary Exclusion—

Lower Tier Covered Transactions.’’ The 

grantee keeps this document for their 

records. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .20 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 

56. 

Estimated Number of Responses: 56. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 11.20 hours. 

(c) Form AD–1049, ‘‘Certification 

Regarding Drug-Free Workplace 

Requirements (Grants) Alternative I—

For Grantees Other Than Individuals.’’

This form must have the grantee’s 

original signature. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .20 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 

56. 

Estimated Number of Responses: 56. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 11.20 hours. 

(d) Form SF–LLL, ‘‘Disclosure of 

Lobbying Activities,’’ (approved under 

OMB collection number 0348–0046). 

This form must have the grantee’s 

original signature. 

Additionally, State departments of 

agriculture must also complete the 

following forms and paperwork for 

AMS: 

(a) Grant Agreement. The Grant 

Agreement sets forth the agreed upon 

responsibilities of AMS project work. It 

also indicates the agreed upon grant 

funding dollar amounts and the 

beginning date and ending date of the 

project work and the Grant Agreement. 

Four (4) copies of this Grant Agreement 

are required with the grantee’s 

signatures and dated for each grant. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .08 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 

56. 

Estimated Number of Responses: 56. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 4.65 hours. 

(b) Form SF–270, ‘‘Request for 

Advance and Reimbursement’’

(approved under OMB collection 

number 0348–0004) is required 

whenever the grantees request an 

advance or reimbursement of Federal 

grant funds. AMS expects that at least 

three (3) SF–270 forms will be 

submitted during the grant agreement 

period. 

(c) Annual Performance Report. The 

Annual Performance Report is required 

if a grant period is more than one year 

in length. The Annual Performance 

Report is written documentation 

required to notify AMS about the work 

activities and progress towards 

completing the grantee’s and 

subgrantee’s established project 

activities, goals and outcomes. AMS 

expects that at least two (2) Annual 

Performance Reports will be submitted 

during the grant agreement period. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 3 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 

56. 

Estimated Number of Responses: 112. 

Estimated Number of Responses per 

Respondent: 2. 

Estimated Total Annual Burden on 

Respondents: 336 hours. 

(d) Final Performance Report. The 

Final Performance Report is written 

information required by AMS within 90 

days after the ending date of the grant 

agreement. This information is utilized 

as final documentation of completion of 

the project activities, goals and 

outcomes. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 6 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 

56. 

Estimated Number of Responses: 56. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 336 hours. 

(e) Request for Grant Period 

Extension. If the grant period goes 

beyond 3 calendar years, a grantee 

would have to submit in writing to AMS 

requesting a grant period extension. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .17 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 6. 

Estimated Number of Responses: 6. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 1.02 hours. 

(f) SF–269 ‘‘Financial Status Report’’, 

if the project had program income (Long 

Form approved under OMB collection 

number 0348–0039), or SF–269A 

‘‘Financial Status Report’’ (Short Form 

approved under OMB collection number 

0348–0038) is to be completed 90 days 

after the expiration date of the grant 

period to comply with various legal and 

regulatory requirements as described 

within the form. 

(g) Audit Report. A State is required 

to conduct an audit of SCBGP 

expenditures and an audit report is 

required to be submitted to AMS no 

later than 30 days after completion of 

the audit. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 3 hours per 

response. 

Respondents: State departments of 

agriculture. 

Estimated Number of Respondents: 

56. 

Estimated Number of Responses: 56. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Total Annual Burden on 

Respondents: 168 hours. 

Finally, State departments of 

agriculture are required to retain records 

pertaining to the SCBGP for 3 years after 

completion of the grant period or until 

final resolution of any audit findings or 

litigation claims relating to the SCBGP. 

This is a part of normal business 

practice. 

This program would not be 

maintained by any other Agency, 

therefore, the requested information will 

not be available from any other existing 

records. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA), which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. For paper submissions, 

the SF and AD forms can be filled out 

electronically and printed out for 

submission with original signatures. 

The State Plan (Narrative) can be filled 

out electronically and printed out for 

submission. For grants.gov submissions, 

all SF and AD forms, as well as the State 

Plan (Narrative) can be filled out 

electronically and submitted as an 

attachment. 

The Annual Performance Report, 

Final Performance Report, Audit Report, 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51589 

and Request for Grant Period Extension 

can be submitted electronically. The 

Grant Agreement requires an original 

signature and can be submitted by mail. 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information will have 

practical utility; (2) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments on the information 

collection must be posted online at 

http://www.regulations.gov; or sent to 

Docket Clerk, Fruit and Vegetable 

Programs, Agricultural Marketing 

Service, U.S. Department of Agriculture, 

Stop 0235, 1400 Independence Avenue, 

SW., Washington, DC 20250–0235; Fax: 

(202) 720–0016; or E-mail: 

scblockgrants@usda.gov. In addition, 

comments concerning the information 

collection and recordkeeping 

requirement required by this rule 

should also be sent to the Desk Officer 

for Agriculture, Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, 725 17th St., 

NW., Room 725, Washington, DC 20503. 

All comments to this information 

collection and recordkeeping 

requirement will be summarized in the 

final rule. All comments should 

reference the docket number AMS–FV–

08–0057; FV–08–379, the date, and the 

page number of this issue of the Federal 

Register. All comments will also 

become a matter of public record. 

A 60-day comment period is provided 

to allow interested persons to respond 

to this information collection. 

Effective Date 

It has been determined that this rule 

should be issued as an interim rule. The 

Specialty Crop Block Grant Program is 

authorized by section 101 of the 

Specialty Crops Competitiveness Act of 

2004 (7 U.S.C. 1621 note; amended 

under section 10109 of the Food, 

Conservation, and Energy Act of 2008, 

Public Law 110–246, the Farm Bill). 

Section 10109 of the Farm Bill directs 

the Secretary of Agriculture to make 

available $10 million in fiscal year 2008, 

$49 million in fiscal year 2009, and $55 

million in fiscal years 2010 through 

2012 to provide specialty crop block 

grants. This rule implements changes in 

the Farm Bill to the SCBGP, authorized 

by section 101 of the Specialty Crops 

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

1621 note). Because the Farm Bill was 

only recently enacted and requires the 

Secretary of Agriculture to make 

available approximately $10 million in 

grant funds in fiscal year 2008, which 

ends September 30, 2008, pursuant to 5 

U.S.C. 553, it is found, and determined, 

upon good cause, that it is impracticable 

and contrary to the public interest to 

give further notice prior to putting this 

rule into effect, and that good cause 

exists for not postponing the effective 

date of this interim final rule until 30 

days after publication in the Federal 

Register. 

List of Subjects in 7 CFR Part 1291 

Specialty crop block grants, 

Agriculture, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, and under authority of 7 

U.S.C. 1621 note, amended under 

Section 10109 of the Food, 

Conservation, and Energy Act of 2008, 

Public Law 110–246, Title 7, Chapter XI 

of the Code of Federal Regulations is 

amended by adding part 1291 to read as 

follows: 

PART 1291—SPECIALTY CROP 

BLOCK GRANT PROGRAM—FARM 

BILL 

Sec. 

1291.1 Purpose and scope. 

1291.2 Definitions. 

1291.3 Eligible grant applicants. 

1291.4 Eligible grant project. 

1291.5 Restrictions and limitations on grant 

funds. 

1291.6 Completed application. 

1291.7 Review of grant applications. 

1291.8 Grant agreements. 

1291.9 Unobligated funds. 

1291.10 Reporting and oversight 

requirements. 

1291.11 Audit requirements. 

Authority: 7 U.S.C. 1621 note, as amended. 

§ 1291.1 Purpose and scope. 

Pursuant to the authority conferred by 

Section 101 of the Specialty Crops 

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

1621 note), as amended by Section 

10109 of the Food, Conservation, and 

Energy Act of 2008, Public Law 110–

246, AMS will make grants to States to 

enhance the competitiveness of 

specialty crops in accordance with the 

terms and conditions set forth herein 

and other applicable federal statutes and 

regulations, including, but not limited 

to, 7 CFR Part 3015 and Part 3016. 

§ 1291.2 Definitions. 

(a) AMS means the Agricultural 

Marketing Service of the U.S. 

Department of Agriculture. 

(b) Application means the application 

for Specialty Crop Block Grant 

Program—Farm Bill. 

(c) Enhancing the competitiveness of 

specialty crops means, but is not limited 

to: Research, food safety, food security, 

plant health programs, education, 

nutrition, trade enhancement, 

promotion, marketing, ‘‘buy local’’

programs, increased consumption, 

increased innovation, improved 

efficiency and reduced costs of 

distribution systems, environmental 

concerns and conservation, product 

development, and developing 

cooperatives. 

(d) Grant period means the period of 

time from when the grant agreement is 

signed to the completion of all SCBGP–

FB projects submitted in the State plan. 

(e) Grantee means the government to 

which a grant is awarded and which is 

accountable for the use of the funds 

provided. The grantee is the entire legal 

entity even if only a particular 

component of the entity is designated in 

the grant agreement. 

(f) Indirect costs means those costs 

incurred for a common or joint purpose 

benefitting more than one cost objective, 

and not readily assignable to the cost 

objectives specifically benefitted, 

without effort disproportionate to the 

results achieved. 

(g) Outcome measure means an event 

or condition that is external to the 

project and that is of direct importance 

to the intended beneficiaries and/or the 

public. 

(h) Project means all proposed 

activities to be funded by the SCBGP–

FB. 

(i) Specialty crop means fruit and 

vegetables, tree nuts, dried fruits, 

horticulture and nursery crops 

(including floriculture). 

(j) State means the fifty States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, Guam, 

American Samoa, the United States 

Virgin Islands, and the Commonwealth 

of the Northern Mariana Islands. 

(k) State department of agriculture 

means the agency, commission, or 

department of a State government 

responsible for agriculture within the 

State. 

(l) Subgrantee means the government 

or other legal entity to which a subgrant 

is awarded and which is accountable to 

the grantee for the use of funds 

provided. 


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51590 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

§ 1291.3 Eligible grant applicants. 

Eligible grant applicants are State 

departments of agriculture from the fifty 

states, the District of Columbia, the 

Commonwealth of Puerto Rico, Guam, 

American Samoa, the United States 

Virgin Islands, and the Commonwealth 

of the Northern Mariana Islands. 

§ 1291.4 Eligible grant project. 

(a) To be eligible for a grant, the 

project(s) must enhance the 

competitiveness of U.S. grown or U.S. 

territory grown eligible specialty crops, 

in either domestic or foreign markets. 

(b) To be eligible for a grant, the 

project(s) must be completed within 

three calendar years after the grant 

agreement prescribed in § 1291.8 of this 

part is signed. The grant period is 

established by the longest approved 

project submitted in the State plan. 

However, for cause, an extension of the 

grant period not to exceed three years 

may be granted by AMS on a case by 

case basis with a written request from 

the State. 

(c) Projects should benefit the 

specialty crop industry and/or the 

public rather than a single organization, 

institution, individual, or commercial 

product. Single organizations, 

institutions, and individuals are eligible 

to participate as project partners. 

(d) Multi-state projects that address 

solutions to problems that cross state 

boundaries are eligible. 

§ 1291.5 Restrictions and limitations on 

grant funds. 

(a) Grant funds may not be used to 

fund political activities in accordance 

with provisions of the Hatch Act (5 

U.S.C. 1501–1508 and 7321–7326). 

(b) Development or participation in 

lobbying activities pursuant to 31 U.S.C. 

1352 including costs of membership in 

organizations substantially engaged in 

lobbying are unallowable. 

(c) Grant funds shall supplement the 

expenditure of State funds in support of 

specialty crops grown in that State, 

rather than replace State funds. 

(d) Grantees and subgrantees must 

comply with 7 CFR Part 3015. 

§ 1291.6 Completed application. 

Completed applications shall be clear 

and succinct and shall include the 

following documentation satisfactory to 

AMS. 

(a) One SF–424 ‘‘Application for 

Federal Assistance’’. 

(b) One SF–424A ‘‘Budget 

Information-Non-Construction 

Programs.’’ This form is required for 

applications submitted after September 

30, 2008. 

(c) One SF–424B ‘‘Assurances-NonConstruction Program.’’

(d) Completed applications must also 

include one State plan to show how 

grant funds will be utilized to enhance 

the competitiveness of specialty crops. 

The state plan shall include the 

following for each project: 

(1) Cover page and granting processes. 

Include the point of contact and lead 

agency for administering the plan. If 

outreach was performed to specialty 

crop producers, including socially 

disadvantaged and beginning farmers of 

specialty crops regarding the SCBGP–

FB, provide a description of the 

affirmative steps taken to perform this 

outreach to these groups. The 

description should include the methods 

used for identifying these groups and 

the methods used to reach out to them. 

Identify if an award was made to either 

a socially disadvantaged or beginning 

farmer. If outreach to these groups was 

not performed, explain why not. 

Indicate if a competitive process was 

used to solicit and evaluate grant 

proposals from all interested parties. If 

a competitive process was not used to 

solicit and evaluate grant proposals, 

explain why not. This paragraph (d)(1) 

is required for applications submitted 

after September 30, 2008. 

(2) Project title and abstract. Include 

the title of the project and an abstract of 

200 or fewer words. 

(3) Project purpose. Clearly state the 

purpose of the project. Describe the 

specific issue, problem, interest, or need 

to be addressed. Explain why the project 

is important and timely. If a proposal 

builds on a previous SCBGP or SCBGP–

FB project, indicate clearly how the new 

proposal complements previous work. 

Indicate if the proposal will be or has 

been submitted to another Federal grant 

program. 

(4) Potential impact. Discuss the 

number of people or operations affected, 

the intended beneficiaries of each 

project, and/or potential economic 

impact if such data are available and 

relevant to the project. 

(5) Expected Measurable Outcomes. 

Describe at least one distinct, 

quantifiable, and measurable outcomeoriented objective that directly and 

meaningfully supports the project’s 

purpose. The measurable outcomeoriented objective must define an event 

or condition that is external to the 

project and that is of direct importance 

to the intended beneficiaries and/or the 

public. Outcome measures may be long 

term that exceed the grant period. 

Describe how performance toward 

meeting outcomes will be monitored. 

For applications submitted after 

September 30, 2008, include a 

performance-monitoring plan to 

describe the process of collecting and 

analyzing data to meet the outcomeoriented objectives. 

(6) Work Plan. Explain briefly the 

activities that will be performed to 

accomplish the objectives of the project. 

Be clear about who will do the work. 

Include appropriate time lines. 

(7) Budget Narrative. Indirect costs 

should not exceed 10 percent of any 

proposed budget. Provide a justification 

if indirect costs exceed 10 percent. For 

applications submitted after September 

30, 2008, provide in sufficient detail 

information about the budget categories 

listed on SF–424A to demonstrate that 

grant funds are being expended on 

eligible grant activities that meet the 

purpose of the program. 

(8) Project Oversight. Describe the 

oversight practices that provide 

sufficient knowledge of grant activities 

to ensure proper and efficient 

administration. 

(9) Project Commitment. Describe 

how all grant partners commit to and 

work toward the goals and outcome 

measures of the proposed project(s). 

(10) Multi-State Projects. If the project 

is a multi-state project, describe how the 

States are going to collaborate 

effectively with related projects with 

one state assuming the coordinating 

role. Indicate the percent of the budget 

covered by each State. 

§ 1291.7 Review of grant applications. 

(a) Applications will be reviewed and 

approved or rejected as appropriate for 

conformance with the provisions in 

§ 1291.6 of this part. AMS may request 

the applicant provide additional 

information or clarification. 

(b) Incomplete applications as of the 

deadline for submission will not be 

considered. 

§ 1291.8 Grant agreements. 

(a) After approval of a grant 

application, AMS will enter into a grant 

agreement with the State department of 

agriculture. 

(b) AMS grant agreements will 

include at a minimum the following: 

(1) The projects in the approved State 

plan. 

(2) Total amount of Federal financial 

assistance that will be advanced. 

(3) Beginning and end dates of the 

grant agreement period. 

(4) Terms and conditions pursuant to 

which AMS will fund the project(s). 

§ 1291.9 Unobligated funds. 

(a) States who do not apply for or do 

not request all available funding during 

the specified grant application period 

will forfeit all or that portion of 

available funding not requested for that 

application year. 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51591 

(b) Funds not obligated will be 

allocated, by a date as determined by 

the Secretary, pro rata to the remaining 

States who applied during the specified 

grant application period to be solely 

expended on projects previously 

approved in their State plan. 

§ 1291.10 Reporting and oversight 

requirements. 

(a) An annual performance report will 

be required of all State departments’ of 

agriculture within 90 days after the 

completion of the first year of the 

project(s), until the expiration date of 

the grant agreement. If the grant period 

is one year or less, then only a final 

performance report is required (See 

paragraph (b) of this section). The 

annual performance report shall include 

the following: 

(1) Activities Performed. Briefly 

summarize activities performed, targets, 

and/or performance goals achieved 

during the reporting period to meet 

measurable outcomes for each project. 

(2) Problems and Delays. Note 

unexpected delays or impediments for 

each project. 

(3) Future Project Plans. Outline work 

to be performed during the next 

reporting period for each project. 

(4) Funding Expended To Date. 

Comment on the level of grant funds 

expended to date for each project. 

(b) A final performance report will be 

required of all State departments of 

agriculture within 90 days following the 

expiration date of the grant period. The 

final progress report shall include the 

following: 

(1) Project Summary. An outline of 

the issue, problem, interest, or need for 

each project. 

(2) Project Approach. How the issue 

or problem was approached via each 

project. 

(3) Goals and Outcomes Achieved. 

How the performance goals and 

measurable outcomes were achieved for 

each project(s). If outcome measures 

were long term, summarize the progress 

that has been made towards 

achievement. 

(4) Beneficiaries. Description and 

quantitative data for the number of 

people or operations that have benefited 

from the project’s accomplishments, 

and/or the potential economic impact of 

each project. 

(5) Lessons Learned. Lessons learned, 

results, conclusions, for each project. If 

outcome measures were not achieved, 

identify and share the lessons learned to 

help expedite problem-solving. 

(6) Contact Person. List the contact 

person for each project with telephone 

number and email address. 

(7) Additional Information. Include 

other relevant project information 

available (e.g. publications, Web sites, 

photographs). 

(c) A final SF–269A ‘‘Financial Status 

Report (Short Form)’’ or SF–269 

‘‘Financial Status Report (Long Form)’’

if the project(s) had program income, is 

required within 90 days following the 

expiration date of the grant period. 

(d) AMS will monitor States, as it 

determines necessary, to assure that 

projects are completed in accordance 

with the approved State plan. If AMS, 

after reasonable notice to a State, and 

opportunity to be heard, finds that there 

has been a failure by the State to comply 

substantially with any provision or 

requirement of the State plan, AMS may 

disqualify, for one or more years, the 

State from receipt of future grants under 

the SCBGP. 

(e) States shall diligently monitor 

performance to ensure that time 

schedules are being met, project work 

within designated time periods is being 

accomplished, and other performance 

measures are being achieved. 

§ 1291.11 Audit requirements. 

Each year that a State receives a grant 

under the SCBGP–FB, the State is 

required to conduct an audit of the 

expenditures of SCBGP–FB funds. If the 

Single Audit Act applies to an eligible 

grantee, the State shall submit the 

annual audit results to AMS within 30 

days after completion of the audit. If the 

Single Audit Act does not apply, the 

State shall conduct an audit of all 

SCBGP–FB funds no later than 60 days 

after the end date of the grant 

agreement. The State shall submit to 

AMS not later than 30 days after 

completion of the audit, a copy of the 

audit results. 

Dated: August 28, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–20486 Filed 9–3–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 95 

[Docket No. 30626; Amdt. No. 476] 

IFR Altitudes; Miscellaneous 

Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts 

miscellaneous amendments to the 

required IFR (instrument flight rules) 

altitudes and changeover points for 

certain Federal airways, jet routes, or 

direct routes for which a minimum or 

maximum en route authorized IFR 

altitude is prescribed. This regulatory 

action is needed because of changes 

occurring in the National Airspace 

System. These changes are designed to 

provide for the safe and efficient use of 

the navigable airspace under instrument 

conditions in the affected areas. 

DATES: Effective Date: 0901 UTC, 

September 25, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Donald P. Pate, Flight Procedure 

Standards Branch (AMCAFS–420), 

Flight Technologies and Programs 

Division, Flight Standards Service, 

Federal Aviation Administration, Mike 

Monroney Aeronautical Center, 6500 

South MacArthur Blvd. Oklahoma City, 

OK. 73169 (Mail Address: P.O. Box 

25082 Oklahoma City, OK. 73125) 

telephone: (405) 954–4164. 

SUPPLEMENTARY INFORMATION: This 

amendment to part 95 of the Federal 

Aviation Regulations (14 CFR part 95) 

amends, suspends, or revokes IFR 

altitudes governing the operation of all 

aircraft in flight over a specified route 

or any portion of that route, as well as 

the changeover points (COPs) for 

Federal airways, jet routes, or direct 

routes as prescribed in part 95. 

The Rule 

The specified IFR altitudes, when 

used in conjunction with the prescribed 

changeover points for those routes, 

ensure navigation aid coverage that is 

adequate for safe flight operations and 

free of frequency interference. The 

reasons and circumstances that create 

the need for this amendment involve 

matters of flight safety and operational 

efficiency in the National Airspace 

System, are related to published 

aeronautical charts that are essential to 

the user, and provide for the safe and 

efficient use of the navigable airspace. 

In addition, those various reasons or 

circumstances require making this 

amendment effective before the next 

scheduled charting and publication date 

of the flight information to assure its 

timely availability to the user. The 

effective date of this amendment reflects 

those considerations. In view of the 

close and immediate relationship 

between these regulatory changes and 

safety in air commerce, I find that notice 

and public procedure before adopting 

this amendment are impracticable and 

contrary to the public interest and that 

good cause exists for making the 

amendment effective in less than 30 

days. 


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