[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Rules and Regulations]
[Pages 31937-31939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09568]



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 Rules and Regulations
                                                 Federal Register
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 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 
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  Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / Rules 
and Regulations  

[[Page 31937]]



DEPARTMENT OF AGRICULTURE

7 CFR Parts 6, 11, 25, 1530, 1580, 1940, 2500, 2903, and 4288

[Docket No. USDA-2020-0004]


Department of Agriculture Regulations for Grants and Agreements; 
Update of Citations

AGENCY: Office of the Chief Financial Officer, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the regulations of several United 
States Department of Agriculture agencies to correct outdated citations 
to the Department's grants and agreements regulations.

DATES: Effective May 28, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Tyson Whitney, Director, 
Transparency & Accountability Reporting Division, Office of the Chief 
Financial Officer, USDA, 1400 Independence Avenue SW, Washington, DC 
20250-2011; phone (202) 720-8978.

SUPPLEMENTARY INFORMATION: The regulations in 2 CFR chapter IV set 
forth the United States Department of Agriculture's (USDA) regulations 
for grants and agreements. The regulations in part 417 were established 
in a final rule published May 25, 2010 (75 FR 29185), the regulations 
in part 421 in a final rule published December 8, 2011 (76 FR 76610), 
and the remainder of the chapter (parts 400, 415, 416, 418, and 422) in 
a final rule published December 19, 2014 (79 FR 75982). The regulations 
in 2 CFR chapter IV updated and replaced provisions that had previously 
been found in 7 CFR parts 3015 through 3019, 3021, and 3052.
    The regulations of several USDA agencies in title 7 refer to and 
cite the grants and agreements regulations. Following the publication 
of the various final rules establishing the regulations in 2 CFR 
chapter IV, those agencies updated their regulations so that they 
referred to the new grants and agreements regulations in title 2 rather 
than the predecessor regulations in Title 7. However, we have 
identified a number of instances where the necessary updates were 
inadvertently overlooked. This final rule makes those updates.

Effective Date

    This rule relates to internal agency management and makes various 
nonsubstantive changes to the regulations in title 7, Code of Federal 
Regulations to correct outdated citations to the Department's grants 
and agreements regulations. Accordingly, notice and other public 
procedure on this rule are unnecessary and contrary to the public 
interest. Therefore, pursuant to 5 U.S.C. 553, notice of proposed 
rulemaking and opportunity to comment are not required, and this rule 
may be made effective less than 30 days after publication in the 
Federal Register. Further, since this rule relates to internal agency 
management, it is exempt from the provisions of Executive Orders 12866, 
12988, and 13771. Finally, this action is not a rule as defined by the 
Regulatory Flexibility Act (5 U.S.C. 501) and, thus, is exempt from the 
provisions of that Act.

Paperwork Reduction Act

    This final rule contains no new reporting, recordkeeping, or third-
party disclosure requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects

7 CFR Part 6

    Agricultural commodities, Dairy, Cheese, Imports, Procedural rules, 
Application requirements, Tariff-rate quota, Reporting and 
recordkeeping requirements.

7 CFR Part 11

    Administrative practice and procedure, Agriculture, Agricultural 
commodities, Crop insurance, Ex parte communications, Farmers, Federal 
aid programs, Guaranteed loans, Insured loans, Loan programs, Price 
support programs, Soil conservation.

7 CFR Part 25

    Community development, Economic development, Empowerment zones, 
Enterprise communities, Housing, Indians, Intergovernmental relations, 
Reporting and recordkeeping requirements, Rural development.

7 CFR Part 1530

    Polyhydric alcohol, Raw and refined sugar, Re-exports.

7 CFR Part 1580

    Agricultural commodity imports; Reporting and recordkeeping 
requirements; and Trade adjustment assistance.

7 CFR Part 1940

    Administrative practice and procedure, Agriculture, Allocations, 
Grant programs--Housing and community development, Loan programs--
Agriculture, Rural areas.

7 CFR Part 2500

    Farmers, Federal aid programs, Grants administration, Grant 
programs--agriculture, Ranchers, Socially disadvantaged groups.

7 CFR Part 2903

    Agricultural commodities, Energy, Fuel, Fuel additives.

7 CFR Part 4288

    Administrative practice and procedure, Biobased products, Energy, 
Reporting and recordkeeping requirements.

    Accordingly, 7 CFR parts 6, 11, 25, 1530, 1580, 1940, 2500, 2903, 
and 4288 are amended as follows:

PART 6--IMPORT QUOTAS AND FEES

Subpart--General Provisions

0
1. The authority citation for part 6, Subpart--General Provisions, 
continues to read as follows:

    Authority: Sec. 8, 65 Stat. 75; 19 U.S.C. 1365.

[Subpart Redesignated as Subpart A]

0
2. Redesignate ``Subpart--General Provisions'' as ``Subpart A--General 
Provisions''.

Subpart--Dairy Tariff-Rate Quota Import Licensing

0
3. The authority citation for Subpart--Dairy Tariff-Rate Quota Import 
Licensing continues to read as follows:

    Authority: Additional U.S. Notes 6, 7, 8, 12, 14, 16-23 and 25 
to Chapter 4 and

[[Page 31938]]

General Note 15 of the Harmonized Tariff Schedule of the United 
States (19 U.S.C. 1202), Pub. L. 97-258, 96 Stat. 1051, as amended 
(31 U.S.C. 9701), and secs. 103 and 404, Pub. L. 103-465, 108 Stat. 
4819 (19 U.S.C. 3513 and 3601).

[Subpart Redesignated as Subpart B]

0
4. Redesignate ``Subpart--Dairy Tariff-Rate Quota Import Licensing'' as 
``Subpart B--Subpart--Dairy Tariff-Rate Quota Import Licensing''.

0
5. Section 6.31 is revised to read as follows:


Sec.  6.31  Debarment and suspension.

    The provisions in 2 CFR parts 417 and 421 apply to this subpart.

Subpart--Price-Undercutting of Domestic Cheese by Quota Cheeses

0
6. The authority citation for Subpart--Price-Undercutting of Domestic 
Cheese by Quota Cheeses continues to read as follows:

    Authority: Sec. 702, Pub. L. 96-39, 93 Stat. 144, 19 U.S.C. 1202 
note.

[Subpart Redesignated as Subpart C]

0
7. Redesignate ``Subpart--Price-Undercutting of Domestic Cheese by 
Quota Cheeses'' as ``Subpart C--Price-Undercutting of Domestic Cheese 
by Quota Cheeses''.

PART 11--NATIONAL APPEALS DIVISION

0
8. The authority citation for part 11 continues to read as follows:

    Authority: 5 U.S.C. 301; Title II, Subtitle H, Pub. L. 103-354, 
108 Stat. 3228 (7 U.S.C. 6991 et seq.); Reorganization Plan No. 2 of 
1953 (5 U.S.C. App.).

Subpart A--[Amended]

0
9. The heading for subpart A is amended by removing the word 
``Divison'' and adding the word ``Division'' in its place.


Sec.  11.1  [Amended]

0
10. In Sec.  11.1, the in definition of Participant, paragraph (4) is 
amended by removing the citation ``7 CFR parts 1407 and 3017'' and 
adding the citation ``7 CFR part 1407 and 2 CFR part 417'' in its 
place.

PART 25--RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

0
11. The authority citation for part 25 continues to read as follows:

    Authority:  5 U.S.C. 301; 26 U.S.C. 1391; Pub. L. 103-66, 107 
Stat. 543; Pub. L. 105-34, 111 Stat. 885; Sec. 766, Pub. L. 105-277, 
112 Stat. 2681-37; Pub. L. 106-554 [Title I of H.R. 5562], 114 Stat. 
2763.


Sec.  25.603  [Amended]

0
12. In Sec.  25.603, paragraph (e) is amended in the certification text 
by removing the citation ``7 CFR parts 25, 3015, 3016, 3017, 3018, 3019 
and 3052'' and adding the citation ``7 CFR part 25, 2 CFR part 200, and 
2 CFR chapter IV'' in its place.

0
13. In Sec.  25.622, paragraph (c) is revised to read as follows:


Sec.  25.622  Other considerations.

* * * * *
    (c) Other USDA regulations. This program is subject to the 
provisions of the following regulations, as applicable:
    (1) 2 CFR part 400, Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards;
    (2) 2 CFR part 415, General Program Administrative Regulations;
    (3) 2 CFR part 416, General Program Administrative Regulations for 
Grants and Cooperative Agreements to State and Local Governments;
    (4) 2 CFR part 417, Nonprocurement Debarment and Suspension;
    (5) 2 CFR part 418, New Restrictions on Lobbying;
    (6) 2 CFR part 421, Requirements for Drug-Free Workplace (Financial 
Assistance); and
    (7) 2 CFR part 422, Research Institutions Conducting USDA-Funded 
Extramural Research; Research Misconducts.

PART 1530--THE REFINED SUGAR RE-EXPORT PROGRAM, THE SUGAR 
CONTAINING PRODUCTS RE-EXPORT PROGRAM, AND THE POLYHYDRIC ALCOHOL 
PROGRAM

0
14. The authority citation for part 1530 continues to read as follows:

    Authority:  Additional U.S. note 6 to chapter 17 of the 
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202); 19 
U.S.C. 3314; Proc. 6641, 58 FR 66867, 3 CFR, 1994 Comp., p. 172; 
Proc. 6763, 60 FR 1007, 3 CFR, 1995 Comp., p. 146.


0
15. In Sec.  1530.111, paragraph (b) is revised to read as follows:


Sec.  1530.111  Enforcement and penalties.

* * * * *
    (b) The Administrator of the Foreign Agricultural Service, USDA, 
may suspend or revoke a license upon recommendation of the Licensing 
Authority. Suspension of a license will be governed by 2 CFR part 417, 
subpart G, and debarment will be governed by 2 CFR part 417, subpart H.

PART 1580--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS

0
16. The authority citation for part 1580 continues to read as follows:

    Authority:  19 U.S.C. 2401.


0
17. In Sec.  1580.504, paragraph (a) is revised to read as follows:


Sec.  1580.504  Debarment, suspension, and penalties.

    (a) Generally. The regulations governing nonprocurement debarment 
and suspension, 2 CFR part 417, and requirements for drug-free 
workplace (financial assistance), 2 CFR part 421, apply to this part.
* * * * *

PART 1940--GENERAL

0
18. The authority citation for part 1940 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1989; and 42 U.S.C. 1480.


0
19. In Sec.  1940.968, paragraphs (h)(3) and (m) are revised to read as 
follows:


Sec.  1940.968  Rural Economic Development Review Panel Grant (Panel 
Grant).

* * * * *
    (h) * * *
    (3) Management assistance. Grantees will be provided management 
assistance as necessary to assure that grant funds are used for 
eligible purposes for the successful operation of the panel. Grants 
made under this subpart will be administered under and are subject to 
the U.S. Department of Agriculture regulations in 2 CFR parts 416 and 
417, as appropriate.
* * * * *
    (m) Costs. Costs incurred under this grant program are subject to 
cost principles established in 2 CFR part 200, subpart E.
* * * * *

PART 2500--OAO FEDERAL FINANCIAL ASSISTANCE PROGRAMS--GENERAL AWARD 
ADMINISTRATIVE PROCEDURES

0
20. The authority citation for part 2500 continues to read as follows:

    Authority:  7 U.S.C. 6934, 7 U.S.C. 2279.


0
21. In Sec.  2500.003, paragraphs (d) through (j) are revised to read 
as follows:


Sec.  2500.003  Other applicable statutes and regulations.

* * * * *
    (d) 2 CFR part 415, General Program Administrative Regulations.
    (e) 2 CFR part 416, General Program Administrative Regulations for 
Grants

[[Page 31939]]

and Cooperative Agreements to State and Local Governments.
    (f) 2 CFR part 417, Nonprocurement Debarment and Suspension.
    (g) 2 CFR part 418, New Restrictions on Lobbying. Imposes 
prohibitions and requirements for disclosure and certification related 
to lobbying on awardees of Federal contracts, grants, cooperative 
agreements, and loans.
    (h) 2 CFR part 200, subparts B--General Provisions, C--Pre-Federal 
Award Requirements and Contents of Federal Awards, and D--Post-Federal 
Award Requirements, as adopted by USDA through 2 CFR part 400.
    (i) 2 CFR part 421, Requirements for Drug-Free Workplace (Financial 
Assistance).
    (j) 2 CFR part 200, subpart F--Audit Requirements, as adopted by 
USDA through 2 CFR part 400.
* * * * *

PART 2903--BIODIESEL FUEL EDUCATION PROGRAM

0
22. The authority citation for part 2903 continues to read as follows:

    Authority:  7 U.S.C. 8104; 5 U.S.C. 301.


0
23. Section 2903.21 is revised to read as follows:


Sec.  2903.21  Applicable Federal statutes and regulations.

    Several Federal statutes and regulations apply to grant 
applications considered for review and to project grants awarded under 
this program. These include, but are not limited to:
    (a) 7 CFR part 1, subpart A--USDA implementation of the Freedom of 
Information Act.
    (b) 7 CFR part 3--USDA implementation of OMB Circular No. A-129 
regarding debt collection.
    (c) 7 CFR part 15, subpart A--USDA implementation of Title VI of 
the Civil Rights Act of 1964, as amended.
    (d) 2 CFR part 417, Nonprocurement Debarment and Suspension.
    (e) 2 CFR part 418, New Restrictions on Lobbying. Imposes 
prohibitions and requirements for disclosure and certification related 
to lobbying on recipients of Federal contracts, grants, cooperative 
agreements, and loans.
    (f) 2 CFR part 200, subparts B--General Provisions, C--Pre-Federal 
Award Requirements and Contents of Federal Awards, and D--Post-Federal 
Award Requirements, as adopted by USDA through 2 CFR part 400.
    (g) 2 CFR part 421, Requirements for Drug-Free Workplace (Financial 
Assistance).
    (h) 2 CFR part 200, subpart F--Audit Requirements, as adopted by 
USDA through 2 CFR part 400. Title 29 U.S.C. 794 (sec. 504, 
Rehabilitation Act of 1973) and 7 CFR part 15b (USDA implementation of 
statute)--prohibiting discrimination based upon physical or mental 
handicap in federally assisted programs. Title 35 U.S.C. 200 et seq.--
Bayh-Dole Act, controlling allocation of rights to inventions made by 
employees of small business firms and domestic nonprofit organizations, 
including universities, in federally assisted programs (implementing 
regulations are contained in 37 CFR part 401).

PART 4288--PAYMENT PROGRAMS

0
24. The authority citation for part 4288 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1989.


Sec.  4288.136  [Amended]

0
25. In Sec.  4288.136, the introductory text is amended by removing the 
words ``to 7 CFR part 3017, Government-wide Debarment and Suspension'' 
and adding the words ``with 2 CFR part 417'' in their place.

Stephen L. Censky,
Deputy Secretary, U.S. Department of Agriculture.
[FR Doc. 2020-09568 Filed 5-27-20; 8:45 am]
BILLING CODE 3410-90-P