[Federal Register Volume 76, Number 127 (Friday, July 1, 2011)]
[Rules and Regulations]
[Pages 38548-38549]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16256]
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DEPARTMENT OF AGRICULTURE
National Institute of Food and Agriculture
7 CFR Part 3430
[0524-AA61]
Competitive and Noncompetitive Nonformula Federal Assistance
Programs--Administrative Provisions for Biomass Research and
Development Initiative; Technical Amendments
AGENCY: National Institute of Food and Agriculture, USDA.
ACTION: Final rule; technical amendments.
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SUMMARY: The National Institute of Food and Agriculture (NIFA)
published in the Federal Register of June 17, 2011, a document adopting
as final an interim rule published June 14, 2010, which contained a set
of specific administrative requirements for the Biomass Research and
Development Initiative (BRDI). This document contains minor changes to
those regulations.
DATES: Effective on July 1, 2011.
[[Page 38549]]
FOR FURTHER INFORMATION CONTACT: Carmela Bailey, National Program
Leader, Plant and Animal Systems, National Institute of Food and
Agriculture, U.S. Department of Agriculture, STOP 3356, 1400
Independence Avenue, SW., Washington, DC 20250-2299; Voice: 202-401-
6443; Fax: 202-401-4888; E-mail: cbailey@NIFA.usda.gov.
SUPPLEMENTARY INFORMATION: On June 14, 2010, NIFA published an interim
rule (75 FR 33497) with a 120-day comment period to provide
administrative provisions that are specific to the Federal assistance
awards made under section 9008(e) of the Farm Security and Rural
Investment Act of 2002 (FSRIA), Public Law 107-171 (7 U.S.C. 8108(e)),
as amended by section 9001 of the Food, Conservation, and Energy Act of
2008 (FCEA), Public Law 110-246, providing authority to the Secretary
of Agriculture and the Secretary of Energy, to establish and carry out
a joint Biomass Research and Development Initiative (BRDI) under which
competitively awarded grants, contracts, and financial assistance are
provided to, or entered into with, eligible entities to carry out
research on and development and demonstration of biofuels and biobased
products; and the methods, practices, and technologies for the
production of biofuels and biobased products. No program specific
comments were received. NIFA intended to proceed with the final rule
with only minimal changes but published in the Federal Register of June
17, 2011, a document adopting as final the interim rule published June
14, 2010. This document amends the rule to include the intended minor
changes to those regulations. Sections 3430.700, 3430.701, 3430.702
(definition of ``Advisory Committee''), 3430.705, 3430.707, and
3430.708 are amended to correct or add citations and cross-references.
Additionally, section 3430.705 is amended to make minor revisions to
the facility cost prohibition for purposes of consistency with other
program regulations in 7 CFR part 3430. Finally, section 3430.706 is
amended to clarify that the required non-Federal cost-share is a
percentage of project cost, not Federal funds awarded.
List of Subjects in 7 CFR Part 3430
Administrative practice and procedure, Agricultural research,
Education, Extension, Federal assistance.
Accordingly, 7 CFR part 3430 is amended as follows:
PART 3430--COMPETITIVE AND NONCOMPETITIVE NON-FORMULA FEDERAL
ASSISTANCE PROGRAMS--GENERAL AWARD ADMINISTRATIVE PROVISIONS
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. Revise Sec. 3430.700 to read as follows:
Sec. 3430.700 Applicability of regulations.
The regulations in this subpart apply to the Federal assistance
awards made under the program authorized under section 9008 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8108), as amended
by section 9001 of the Food, Conservation, and Energy Act of 2008 (Pub.
L. 110-246).
0
3. Amend Sec. 3430.701 by revising the introductory text to read as
follows:
Sec. 3430.701 Purpose.
In carrying out the program, NIFA, in cooperation with the
Department of Energy, is authorized to make competitive awards under
section 9008(e) of FSRIA (7 U.S.C. 8108(e)) to develop:
* * * * *
0
4. In Sec. 3430.702, revise the definition of ``Advisory Committee''
to read as follows:
Sec. 3430.702 Definitions.
* * * * *
Advisory Committee means the Biomass Research and Development
Technical Advisory Committee established by section 9008(d) of FSRIA (7
U.S.C. 8108(d)).
* * * * *
0
5. Amend Sec. 3430.704 by revising paragraph (b) introductory text to
read as follows:
Sec. 3430.704 Project types and priorities.
* * * * *
(b) Additional Considerations. Within the technical topic areas
described in paragraph (a) of this section, NIFA, in cooperation with
DOE, shall support research and development to--
* * * * *
0
6. Revise Sec. 3430.705 to read as follows:
Sec. 3430.705 Funding restrictions.
(a) Facility costs. Funds made available under this subpart shall
not be used for the construction of a new building or facility or the
acquisition, expansion, remodeling, or alteration of an existing
building or facility (including site grading and improvement, and
architect fees).
(b) Indirect costs. Subject to Sec. 3430.54, indirect costs are
allowable for Federal assistance awards made by NIFA.
(c) Minimum allocations. After consultation with the Board, NIFA in
cooperation with DOE, shall require that each of the three technical
topic areas described in Sec. 3430.704(a) receives not less than 15
percent of funds made available to carry out BRDI.
0
7. Amend Sec. 3430.706 by revising paragraphs (a) and (b) to read as
follows:
Sec. 3430.706 Matching requirements.
(a) Requirement for Research and/or Development Projects. The non-
Federal share of the cost of a research or development project under
BRDI shall be not less than 20 percent. NIFA may reduce the non-Federal
share of a research or development project if the reduction is
determined to be necessary and appropriate.
(b) Requirement for Demonstration and Commercial Projects. The non-
Federal share of the cost of a demonstration or commercial project
under BRDI shall be not less than 50 percent.
* * * * *
0
8. Amend Sec. 3430.707 by revising paragraph (b)(2) to read as
follows:
Sec. 3430.707 Administrative duties.
* * * * *
(b) * * *
(2) Included in the best practices database established under
section 1672C(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925e(e)).
0
9. Amend Sec. 3430.708 by revising paragraph (a) to read as follows:
Sec. 3430.708 Review criteria.
(a) General. BRDI peer reviews of applications are conducted in
accordance with requirements found in section 9008 of FSRIA (7 U.S.C.
8108); section 103 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7613); and regulations found in
title 7 of the Code of Federal Regulations, sections 3430.31 through
3430.37.
* * * * *
Signed at Washington, DC, on June 22, 2011.
Chavonda Jacobs-Young,
Acting Director, National Institute of Food and Agriculture.
[FR Doc. 2011-16256 Filed 6-30-11; 8:45 am]
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