[Federal Register Volume 75, Number 186 (Monday, September 27, 2010)]
[Rules and Regulations]
[Pages 59058-59060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23883]


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DEPARTMENT OF AGRICULTURE

National Institute of Food and Agriculture

7 CFR Part 3430

RIN 0524-AA60


Competitive and Noncompetitive Non-Formula Federal Assistance 
Programs--Specific Administrative Provisions for the New Era Rural 
Technology Competitive Grants Program

AGENCY: National Institute of Food and Agriculture, USDA.

ACTION: Final rule.

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SUMMARY: The National Institute of Food and Agriculture (NIFA) is 
publishing a set of specific administrative requirements for the New 
Era Rural Technology Competitive Grants Program (RTP) to supplement the 
Competitive and Noncompetitive Non-formula Federal Assistance 
Programs--General Award Administrative Provisions for this program.

DATES: This rule is effective on September 27, 2010.

FOR FURTHER INFORMATION CONTACT: Greg Smith, National Program Leader, 
Higher Education Programs, Science and Education Resources Development; 
Voice: 202-720-2067; E-mail: <a href="/cdn-cgi/l/email-protection#b5d2c6d8dcc1ddf5dbdcd3d49bc0c6d1d49bd2dac3"><span class="__cf_email__" data-cfemail="1d7a6e707469755d73747b7c33686e797c337a726b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background and Summary

    On September 4, 2009, NIFA published an interim rule (74 FR 45972, 
September 4, 2009) to implement the Competitive and Noncompetitive 
Formula Federal Assistance Program--Specific Administrative Provisions 
for the New Era Rural Technology Competitive Grants Program. In the 
interim rule, NIFA invited comments which were due to the agency by 
January 4, 2010. We did not receive any comments. The only change to 
the rule is to clarify the definition on the type of organization that 
is eligible to apply under ``Advanced Technological Center'' (see Sec. 
3430.902 Definitions). Most ``Advanced Technological Centers'' are 
postsecondary, degree-granting academic institutions. They are another 
name for community or junior colleges with a specific academic focus in 
paraprofessional or trade areas such as electronic, mechanical, civil, 
and engineering technology. Also, these Advanced Technological Centers 
confer an associate degree or certificate of completion following 
successful completion of an academic curriculum sanctioned by an 
independent accreditation governing body.
    Some prospective applicants, who are not affiliated with a 
postsecondary, degree-granting academic institution, but are, instead, 
private businesses, do not offer an academic degree and are not 
sanctioned by an independent accreditation governing body. Accordingly, 
NIFA is not able to determine whether the commercial, for-profit 
interests of these private businesses are aligned with the following 
two New Era rural Technology program goals:
    1. To increase the number of students encouraged to pursue and 
complete a two (2) year postsecondary degree, or a certificate of 
completion, within an occupational focus of this grant program; and
    2. To assist rural communities by helping students achieve their 
career goals to develop a viable workforce for bioenergy, pulp and 
paper manufacturing, or agriculture-based renewable energy.
    By including the terms postsecondary, degree-granting academic 
institution to the eligible applicant definition, applicants are more 
inclined to follow the original intent of Congress in providing 
academic coursework and training in technology development and applied 
research to help ensure workforce opportunities critical to rural 
communities.

Authority

    Section 1405 of the National Agricultural Research, Extension, and 
Teaching Policy Act (NARETPA) of 1997, as amended (7 U.S.C. 3121) 
designates the U.S. Department of Agriculture (USDA) as the lead 
Federal agency for agriculture research, extension and teaching in the 
food and agricultural sciences. Section 1473E of NARETPA (7 U.S.C. 
3319e), as amended, requires the establishment of a program to be known 
as the New Era Rural Technology Competitive Grants Program (RTP), which 
NIFA administers.
    In carrying out the program, the Secretary is authorized to make 
competitive grants to support the fields of (i) bioenergy, (ii) pulp 
and paper manufacturing, and (iii) agriculture-based renewable energy 
resources, in order to help ensure workforce opportunities critical to 
rural communities. RTP will make grants available to community 
college(s) and/or advanced technology center(s), located in rural 
areas, for technology development, applied research, and/or training.

[[Page 59059]]

    For fiscal year (FY) 2010, $850,000 has been made available for the 
RTP, including administrative costs.

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. As noted above, NIFA has 
been delegated the authority to administer this program and will be 
issuing Federal assistance awards for funding made available for this 
program; and thus, awards made under this authority will be subject to 
the Agency's assistance regulations at 7 CFR part 3430, Competitive and 
Noncompetitive Non-formula Federal Assistance Programs--General Award 
Administrative Provisions. The Agency's development and publication of 
these regulations for its non-formula Federal assistance programs serve 
to enhance its accountability and to standardize procedures across the 
Federal assistance programs it administers while providing transparency 
to the public. NIFA published 7 CFR part 3430 with subparts A through F 
as an interim rule on August 1, 2008 [73 FR 44897-44909], and adopted 
as a final rule September 4, 2009 [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) authorized under section 1415A 
of the National Agricultural Research, Extension, and Teaching Policy 
Act of 1977 (NARETPA) with implementing regulations at 7 CFR 3431.
    NIFA organized the regulation as follows: Subparts A through E 
provide administrative provisions for all competitive and 
noncompetitive non-formula Federal assistance awards. 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 
Sec. 3430.2), (4) eligibility, (5) project types and priorities, (6) 
funding restrictions (including indirect costs), and (7) matching 
requirements. Subparts F and thereafter contain the above seven 
components in this order. Additional sections may be added for a 
specific program if there are additional requirements or a need for 
additional rules for the program (e.g., additional reporting 
requirements). Through this rulemaking, NIFA is adding subpart M for 
the administrative provisions that are specific to the RTP.

II. Administrative Requirements for the Proposed Rulemaking Executive 
Order 12866

    This action has been determined to be not significant for purposes 
of Executive Order 12866, and therefore, has not been reviewed by the 
Office of Management and Budget (OMB). This final rule will not create 
a serious inconsistency or otherwise interfere with an action taken or 
planned by another agency; nor will it materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs; nor will 
it have an annual effect on the economy of $100 million or more; nor 
will it adversely affect the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local or Tribal governments or communities in a 
material way. Furthermore, it does not raise a novel legal or policy 
issue arising out of legal mandates, the President's priorities or 
principles set forth in the Executive Order.

Regulatory Flexibility Act of 1980

    This 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 
concluded that the rule will not have a significant economic impact on 
a substantial number of small entities. The rule does not involve 
regulatory and informational requirements regarding businesses, 
organizations, and governmental jurisdictions subject to regulation.

Paperwork Reduction Act (PRA)

    The Department certifies that this 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; however, the 
burden estimates will increase for existing approved information 
collections associated with this rule due to additional applicants. 
These estimates will be provided to OMB. In addition to the SF-424 form 
families (i.e., Research and Related and Mandatory), and SF-425, 
Federal Financial Report; NIFA has three currently approved OMB 
information collections associated with this rulemaking: OMB 
Information Collection No. 0524-0042, NIFA Current Research Information 
System (CRIS); No. 0524-0041, NIFA Application Review Process; and No. 
0524-0026, Organizational Information.

Catalog of Federal Domestic Assistance

    This final regulation applies to the Federal assistance program 
administered by NIFA under the Catalog of Federal Domestic Assistance 
(CFDA) No. 10.314, New Era Rural Technology Competitive Grants Program.

Unfunded Mandates Reform Act of 1995 and Executive Order 13132

    The Department has reviewed this 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.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    The Department has reviewed this final rule in accordance with 
Executive Order 13175, and has determined that it does not have 
``Tribal implications.'' The final rule does not ``have substantial 
direct effects on one or more Indian Tribes, on the relationship 
between the Federal Government and Indian Tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian Tribes.''

Clarity of This Regulation

    Executive Order 12866 and the President's Memorandum of June 1, 
1998, require each agency to write all rules in plain language. The 
Department invites comments on how to make this final rule easier to 
understand.

List of Subjects in 7 CFR Part 3430

    Administrative practice and procedure, Agricultural research, 
Education, Extension, Federal assistance.

0
Accordingly, the interim rule amending 7 CFR part 3430 which was 
published at 74 FR 45972 on September

[[Page 59060]]

4, 2009, is adopted as a final rule with the following change:

PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL 
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVSIONS

0
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).


0
2. In Sec.  3430.902, revise the definition of ``Advanced Technological 
Center'' to read as follows:


Sec.  3430.902  Definitions.

* * * * *
    Advanced Technological Center refers to a post-secondary, degree-
granting institution that provides students with technology-based 
education and training, preparing them to work as technicians or at the 
semi-professional level, and aiding in the development of an 
agriculture-based renewable energy workforce. For this program, such 
Centers must be located within a rural area.
* * * * *

    Done in Washington, DC, September 17, 2010.
Roger N. Beachy,
Director, National Institute of Food and Agriculture.
[FR Doc. 2010-23883 Filed 9-24-10; 8:45 am]
BILLING CODE 3410-22-P


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