[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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