Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-10-11.xml --- 81 196 Tuesday, October 11, 2016 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: Initial Review Group Committee, 70114-70115 2016-24386 Agency Agency for International Development NOTICES Meetings: Advisory Committee on Voluntary Foreign Aid, 70085 2016-24525 Privacy Act; Systems of Records, 70085-70087 2016-24509 Agricultural Research Agricultural Research Service RULES General Administrative Policy for Non-Assistance Cooperative Agreements, 69999-70004 2016-23884 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70087-70088 2016-24440 Agriculture Agriculture Department See Agricultural Research Service See Food and Nutrition Service See Forest Service Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70117-70118 2016-24415 Privacy Act; Computer Matching Program, 70115-70117 2016-24387 2016-24388 Coast Guard Coast Guard RULES Drawbridge Operations: James River, Isle of Wight and Newport News, VA, 70013-70014 2016-24476 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70102 2016-24403 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Procurement of Commercial Items; DFARS Case 2016-D006; Extension of Comment Period, 70067 2016-24370 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Meetings: Defense Health Board, 70102-70103 2016-24451 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Accrediting Agencies Reporting Activities for Institutions and Programs, 70104-70105 2016-24448 Meetings: President's Advisory Commission on Educational Excellence for African Americans, 70103-70104 2016-24487 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Butte County Air Quality Management District, 70018-70020 2016-24498 District of Columbia;

Sulfur Content of Fuel Oil, 70020-70023 2016-24372 Missouri; Operating Permits Program, and 112(l) Plan; Construction Permits Required, 70025-70029 2016-24375 Nebraska, 70023-70025 2016-23975 Pesticide Tolerances: Mandestrobin, 70038-70043 2016-24492 Protection of Stratospheric Ozone: Determination 32 for Significant New Alternatives Policy Program, 70029-70038 2016-24381 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Butte County Air Quality Management District, 70065 2016-24497 District of Columbia;

Sulfur Content of Fuel Oil, 70064-70065 2016-24373 Missouri; Operating Permits Program, and 112(l) Plan; Construction Permits Required, 70066 2016-24379 Nebraska, 70065-70066 2016-23977 NOTICES Meetings: Farm, Ranch, and Rural Communities Committee; Teleconference, 70109-70110 2016-24490 Requests for Nominations: 2017 Safer Choice Partner of the Year Awards Program, 70110-70111 2016-24494 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 70111 2016-24661 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

The Boeing Company Airplanes, 70011-70013 2016-24197 PROPOSED RULES Airworthiness Directives: Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 70062-70064 2016-24202 Federal Bureau Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information System Advisory Policy Board, 70134-70135 2016-24462 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: AztecAmerica Bank, Berwyn, IL, 70111 2016-24437 Bank of Jackson County, Graceville, FL, 70112 2016-24435 DuPage National Bank, West Chicago, IL, 70112 2016-24436 Independent National Bank, Ocala, FL, 70111 2016-24434 Valley Capital Bank, N.A., Mesa, AZ, 70111-70112 2016-24433 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Water Street Land, LLC, 70108-70109 2016-24604 License Applications: Moriah Hydro Corp., 70107-70108 2016-24471 License Transfer Applications: Lower Village Hydroelectric Associates, LP; Sugar River Power LLC, 70105 2016-24470 Preliminary Permit Applications: GreenGenStorage LLC, 70105 2016-24474 Preliminary Permit Withdrawals: Dynegy Estero Bay Wave Park, LLC, 70108 2016-24475 Dynegy Point Estero Wave Park, LLC, 70108 2016-24473 Qualifying Conduit Hydropower Facilities: California American Water, Southern Division, 70106 2016-24472 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: Los Angeles County, CA, 70247-70248 2016-24480 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Vision, 70248-70256 2016-24447 2016-24452 2016-24465 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Railworthiness Directive for Certain Railroad Tank Cars Equipped with Bottom Outlet Valve Assembly and Constructed by American Railcar Industries and ACF Industries, 70256-70257 2016-24429 Environmental Impact Statements;

Availability, etc.: Long Bridge Project, Washington, DC, 70260 2016-24522 San Gorgonio Pass Rail Corridor Service: Riverside, San Bernardino, Orange, and Los Angeles Counties, CA, 70257-70260 2016-24597 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 70112 2016-24376 Federal Transit Federal Transit Administration NOTICES Uniform System of Accounts and Changes to the National Transit Database Reporting Requirements, 70260-70264 2016-24414 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:

Solidago albopilosa (White-haired Goldenrod) and Removal of Solidago albopilosa (White-haired Goldenrod); Removal from Federal List, 70043-70059 2016-24249 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Status for Sideroxylon reclinatum ssp. austrofloridense (Everglades Bully), Dalea carthagenensis var. floridana (Florida Prairie-Clover), et al., 70282-70308 2016-24140 NOTICES John H. Chafee Coastal Barrier Resources System: Maps for Louisiana, Puerto Rico, and the U.S.

Virgin Islands, 70130-70133 2016-24461 Food and Drug Food and Drug Administration NOTICES Guidance: Blood Glucose Monitoring Test Systems for Prescription Point-of-Care Use, 70122-70124 2016-24430 Self-Monitoring Blood Glucose Test Systems for Over-the-Counter Use, 70120-70122 2016-24431 Sunscreen Innovation Act; Section 586C(c) Advisory Committee Process, 70118-70119 2016-24460 Sunscreen Innovation Act; Withdrawal of a 586A Request or Pending Request, 70119-70120 2016-24459 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Assessment of the Barriers that Constrain the Adequacy of Supplemental Nutrition Assistance Program Allotments, 70088-70089 2016-24478 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 70274-70275 2016-24398 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70089-70090 2016-24402 Boundary Modifications: Skagit Wild and Scenic River, Mt.

Baker, Snoqualmie National Forest, WA, 70090 2016-24464 Government Ethics Government Ethics Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Executive Branch Confidential Financial Disclosure Report, 70113-70114 2016-24502 Modified OGE Form 201 Ethics in Government Act Access Form, 70112-70113 2016-24501 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S.

Citizenship and Immigration Services PROPOSED RULES Retrospective Review of Existing Regulations, 70060-70061 2016-24344 Interior Interior Department See Fish and Wildlife Service See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70277 2016-24394 Meetings: Taxpayer Advocacy Panel Joint Committee, 70275 2016-24397 Taxpayer Advocacy Panel Notices and Correspondence Project Committee, 70277 2016-24395 Taxpayer Advocacy Panel Special Projects Committee, 70275 2016-24396 Taxpayer Advocacy Panel Tax Forms and Publications Project Committee, 70276 2016-24391 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 70276 2016-24399 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 70275-70276 2016-24393 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 70276-70277 2016-24392 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Lined Paper Products from India; Administrative Review, 2014, 70091-70092 2016-24486 High Pressure Steel Cylinders from the People's Republic of China, 70090-70091 2016-24366 Wooden Bedroom Furniture from the People's Republic of China, 70092-70094 2016-24488 Trade Missions: Executive-Led Power Technologies; United Arab Emirates and Saudi Arabia March 12-16, 2017, 70094-70097 2016-24479 Justice Department Justice Department See Federal Bureau of Investigation NOTICES Proposed Consent Decrees, 70135 2016-24432 Proposed Consent Decrees under the Clean Air Act, 70136 2016-24458 Proposed Consent Decrees under the Toxic Substances Control Act, 70135-70136 2016-24441 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 70136-70138 2016-24638 Millenium Millennium Challenge Corporation NOTICES Quarterly Report (October 1, 2013 - December 31, 2014), 70139-70171 2016-24512 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70171 2016-24442 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 70264-70273 2016-24505 2016-24526 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 70126-70130 2016-24406 2016-24407 2016-24513 National Institute of Allergy and Infectious Diseases, 70128 2016-24411 National Institute of Child Health and Human Development, 70126 2016-24413 National Institute of Environmental Health Sciences, 70125-70126 2016-24410 National Institute of Mental Health, 70124-70125 2016-24409 National Institute of Neurological Disorders and Stroke, 70126-70127 2016-24408 National Science Advisory Board for Biosecurity, 70125 2016-24412 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Species: 90-day Finding on a Petition to List the Pacific Bluefin Tuna, 70074-70080 2016-24477 International Fisheries:

Tuna and Tuna-like Species in the Eastern Pacific Ocean; Silky Shark Fishing Restrictions and Fish Aggregating Device Data, 70080-70084 2016-24444 NOTICES Drafts 2016 Marine Mammal Stock Assessment Reports, 70097-70099 2016-24404 Meetings: New England Fishery Management Council, 70100 2016-24455 Pacific Fishery Management Council, 70101-70102 2016-24454 South Atlantic Fishery Management Council, 70100 2016-24453 Permits: Marine Mammals; File No. 19669, 70100-70101 2016-24400 Marine Mammals;

File No. 20658, 70101 2016-24401 National Park National Park Service NOTICES Native American Graves Protection and Repatriation Review Committee: Findings and Recommendations Regarding Cultural Items for the Wiyot Tribe, California, 70134 2016-24468 Findings and Recommendations Regarding Human Remains and Associated Funerary Objects for the Pueblo of Santa Ana, NM, 70133-70134 2016-24467 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 70171-70172 2016-24675 National Transportation National Transportation Safety Board NOTICES Senior Executive Service Performance Review Board;

Correction, 70172 2016-24439 2016-24450 Senior Executive Service Performance Review Board; Withdrawal, 70172 2016-24449 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM 100 Cask System; Certificate of Compliance No. 1014, Amendment No. 10, 70004-70011 2016-24466 NOTICES Confirmatory Orders: Southern Nuclear Operating Co., Inc.; Edwin I. Hatch Nuclear Plant, Unit Nos. 1 and 2, 70172-70175 2016-24463 Facility Operating and Combined Licenses:

Applications and Amendments Involving No Significant Hazards Considerations, 70175-70190 2016-24321 License Amendment Applications: Tennessee Valley Authority, Sequoyah Nuclear Plant, Units 1 and 2, 70190-70191 2016-24456 Meetings; Sunshine Act, 70191 2016-24563 Personnel Personnel Management Office NOTICES Privacy Act; Systems of Records, 70191-70197 2016-24507 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials Grants Requirements, 70067-70074 2016-24418 NOTICES Hazardous Materials:

Termination of EX Classification Approval EX1987030326, 70273 2016-24417 Postal Regulatory Postal Regulatory Commission RULES Product Lists; Update, 70014-70018 2016-24511 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: German-American Day (Proc. 9515), 70317-70318 2016-24744 ADMINISTRATIVE ORDERS Refugee Admissions for Fiscal Year 2017 (Presidential Determination No. 2016-13 of September 28, 2016), 70315-70316 2016-24736 Trafficking in Persons;

Foreign Governments' Efforts Regarding (Presidential Determination No. 2016-12 of September 27, 2016), 70309-70313 2016-24734 Securities Securities and Exchange Commission NOTICES Applications: Terra Income Fund 6, Inc., et al., 70210-70214 2016-24428 Exemptions: Advisors Series Trust and Orinda Asset Management, LLC, 70226 2016-24427 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 70205-70207 2016-24424 Bats EDGX Exchange, Inc., 70198-70200 2016-24426 BOX Options Exchange LLC, 70214-70216, 70222-70226 2016-24422 2016-24423 2016-24425 Depository Trust Co., 70200-70205 2016-24499 Investors Exchange LLC, 70216-70222 2016-24421 NASDAQ Stock Market LLC, 70207-70210 2016-24420 NYSE Arca, Inc., 70226-70227 2016-24419 Small Business Small Business Administration NOTICES Disaster Declarations:

Florida, 70227-70228 2016-24383 2016-24384 Meetings: Federal Advisory Committee, 70228-70229 2016-24385 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adoptive Family Relief Act Refund Application, 70229 2016-24484 Application for A, G, or NATO Visa, 70229-70230 2016-24485 Nonimmigrant Treaty Trader/Investor Application, 70230-70231 2016-24483 State Justice State Justice Institute NOTICES Grant Guidelines, 70231-70247 2016-24382 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Meetings:

Port Performance Freight Statistics Working Group, 70273-70274 2016-24446 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Temporary Protected Status, 70130 2016-24496 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Expanded Access to Non-VA Care through the Veterans Choice Program, 70278-70279 2016-24482 Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 70279 2016-24510 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 70282-70308 2016-24140 Part III Presidential Documents, 70309-70313, 70315-70318 2016-24744 2016-24736 2016-24734 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 81 196 Tuesday, October 11, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Research Service 7 CFR Part 550 RIN-0518-AA06 General Administrative Policy for Non-Assistance Cooperative Agreements AGENCY: Agricultural Research Service, (ARS), Research, Education, and Economics (REE), Department of Agriculture (USDA).

ACTION: Final rule. SUMMARY: This final rule amends ARS regulations and adopts the Office of Management and Budget

(OMB)guidance entitled, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” as the uniform guidance within the REE mission area on the use, award, and administration of non-assistance cooperative agreements awarded pursuant to National Agricultural Research, Extension, and Teaching Policy Act of 1977. It thereby gives regulatory effect to the OMB guidance. DATES: This final rule is effective October 11, 2016. FOR FURTHER INFORMATION CONTACT: Kim Hicks, 301-504-1141, or *Kim.Hicks@ars.usda.gov.* SUPPLEMENTARY INFORMATION: Background Section 1424 of the Food Security Act of 1985, Public Law 99-198, amended Section 1472(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318(b)) to authorize the Secretary to use a cooperative agreement as a legal instrument reflecting a relationship between the Secretary and a State cooperative institution, State department of agriculture, college, university, other research or educational institution or organization, Federal or private agency or organization, individual, or any other party, if the Secretary determines

(a)the objectives of the agreement will serve a mutual interest of the parties to the agreement in agricultural research, extension, and teaching activities, including statistical reporting; and

(b)all parties will contribute resources to the accomplishment of those objectives. The cooperative agreements authorized by 7 U.S.C. 3318(b) have been determined to be neither procurement nor assistance in nature and, therefore, not subject to the provisions of Federal Grant and Cooperative Agreement Act of 1977 or the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards codified at 2 CFR part 200. Many of the standards and provisions of the OMB grants management circulars were adopted in whole or in part in 7 CFR part 550. Subparts A through D of Part 550, consisting of sections 550.1 through 550.62, included specific provisions of Federal assistance regulations and cost principles because they embody principles of good management and sound financial stewardship important to all Federal assistance and non-assistance awards. Although the non-assistance cooperative agreements described in this rule are substantially different than the Federal assistance-type cooperative agreements used by most Federal awarding agencies, as a matter of good business practice REE is amending 7 CFR part 550 to adopt 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,” (78 FR 78589) published on December 26, 2013, as supplemented by this part, and to update and streamline the existing REE administrative requirements applicable to non-assistance cooperative agreements. This rulemaking will reduce administrative burden for non-Federal entities receiving Federal funds under non-assistance cooperative agreements while reducing the risk of waste, fraud, and abuse. Accordingly, proper use of these non-assistance cooperative agreements promote and facilitate partnerships between the REE Agency and the Cooperator in support of research, extension, and education projects of mutual benefit to each party. List of Subjects in Part 550 Agricultural research, Non-assistance, Procedural rules, Research, Science, Technology. For the reasons stated in the preamble, the Department of Agriculture, REE, revises 7 CFR part 550 to read as follows: PART 550—GENERAL ADMINISTRATIVE POLICY FOR NON-ASSISTANCE COOPERATIVE AGREEMENTS Sec. 550.100 Purpose and scope. 550.101 Definitions. 550.102 Applicability. 550.103 Eligibility. 550.104 Competition. 550.105 Duration. 550.106 Mutuality of interest. 550.107 Exceptions. 550.108 Conflicting policies and deviations. 550.109 Formation of non-assistance cooperative agreements. 550.110 Certifications and compliance with statutory and national policy requirements; REE conflict of interest policy. 550.111 Project supervision and responsibilities. 550.112 Administrative supervision. 550.113 Rules of the workplace. 550.114 Availability of funds. 550.115 Payment. 550.116 Prior approvals. 550.117 Program income. 550.118 Peer review. 550.119 Publications and audiovisuals. 550.120 Press releases. 550.121 Advertising. 550.122 Vesting of title. 550.123 Financial reporting. 550.124 Technical and property reporting requirements. Authority: Section 1472(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3318(b)). § 550.100 Purpose and scope.

(a)*Purpose.* This part adopts the OMB guidance in subparts A through F of 2 CFR part 200, as supplemented by this part, as REE policies and procedures for non-assistance cooperative agreements executed under the authority of Section 1472(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C 3318(b)). It thereby makes applicable for REE non-assistance cooperative agreements the OMB guidance, as supplemented by this part.

(b)*Scope.* The REE Agencies subject to this rule include ARS, National Agricultural Statistics Service (NASS), Economics Research Service (ERS), and the National Institute of Food and Agriculture (NIFA). These agreements are neither procurement nor assistance in nature, and therefore, are not subject to the Federal Grant and Cooperative Agreements Act of 1977. § 550.101 Definitions. As used in this part: *Agency Principal Investigator* means the REE Agency technical representative, acting within the scope of delegated authority, who is responsible for participating with the cooperator in the accomplishment of a non-assistance cooperative agreement's objective(s), and monitoring and evaluating the cooperator's performance ( *i.e.,* ARS PI). *Authorized Departmental Officer (ADO)* means the REE Agency's official with delegated authority to negotiate, award, administer, and terminate non-assistance cooperative agreements. *Award* means an executed non-assistance cooperative agreement. *Cooperator* means an eligible entity, as defined in 7 U.S.C. 3318(b), who enters into a non-assistance cooperative agreement with a REE Agency to further research, extension, or teaching programs in the food and agricultural sciences. *Cooperator resource contributions* means a real and substantial contribution of resources (more than nominal), in furtherance of the objective(s) of the award, in order to evoke a partnership such that all parties to the agreement have a true stake in the project. *Funding period* means the period of time when Federal funding is available for obligation by the cooperator (start date through end date). *Non-Assistance Cooperative Agreement (NACA)* means a legal instrument which is neither a procurement contract nor an assistance-type cooperative agreement, that furthers agricultural research, extension, or teaching programs in which the objectives of the agreement serve a mutual interest of the parties in agricultural research, extension, and teaching activities and all parties contribute resources to the accomplishment of those objectives. *Peer Review* is a process utilized by REE Agencies to determine if agency sponsored research projects have scientific merit and program relevance; to provide peer input, and make improvements to project design and technical approaches; and to provide insight on how to conduct the highest quality research in support of REE Agency missions and programs. *Principle Investigator (PI)* means the individual, designated by the cooperator, responsible for directing and monitoring the performance, the day-to-day activities, and the scientific and technical aspects of the cooperator's portion of a REE funded project. The PI works jointly with the REE Agency PI in the development of project objectives and all other technical and performance related aspects of the program or project. See additional responsibilities of PI in § 550.111 of this part. *REE Agency* means the USDA, REE Mission Area agency (ARS, ERS, NASS, or NIFA) that enters into a non-assistance cooperative agreement. *State Cooperative Institution* is defined in 7 U.S.C. 3103(18) as institutions designated or receiving funds pursuant to the following eight statutory requirements, as may be amended:

(1)The First Morrill Act—The Land Grant Institutions.

(2)The Second Morrill Act—The 1890 Institutions, including Tuskegee University.

(3)The Hatch Act of March 2, 1887 (24 Stat. 440-442, as amended; 7 U.S.C. 361a-361i)—The State Agricultural Experiment Stations.

(4)The Smith-Lever Act of May 8, 1914 (38 Stat. 372-374, as amended; 7 U.S.C. 341-349)—The State Extension Services.

(5)The McIntire-Stennis Cooperative Forestry Act; 16 U.S.C. 582a *et seq.* —Cooperating Forestry Schools.

(6)Public Law 95-113, Section 1430—A college or university having an accredited college of veterinary medicine or a department of veterinary science or animal pathology or similar unit conducting animal health and disease research in a State Agricultural Experiment Station.

(7)Public Law 95-113, Section 1475(b), as added by Public Law 97-98, section 1440—Colleges, universities, and Federal laboratories having a demonstrated capacity in aquaculture research.

(8)Public Law 95-113, section 1480, as added by Public Law 97-98, section 1440—Colleges, universities, and Federal laboratories having a demonstrated capacity of rangeland research. § 550.102 Applicability. This part applies to all REE non-assistance cooperative agreements awarded under the authority of 7 U.S.C. 3318(b). § 550.103 Eligibility. REE Agencies may enter into a non-assistance cooperative agreements with eligible entities to further research, extension, or teaching programs in the food and agricultural sciences. Eligible entities are any State agricultural experimental station, State cooperative extension service, any college or university, other research or education institution or organization, Federal or private agency or organization, an individual, or other party, either foreign or domestic. § 550.104 Competition. REE Agencies may enter into non-assistance cooperative agreements, as authorized by this part, without regard to any requirements for competition specified in 2 CFR 200.202 and 200.206. (7 U.S.C. 3318(e)). § 550.105 Duration. REE Agencies may enter into non-assistance cooperative agreements for a period not to exceed five years. (7 U.S.C. 3318(c)). § 550.106 Mutuality of interest. The REE Agency must document all parties' interest in the project. Mutual interest exists when all parties benefit in the same qualitative way from the objectives of the award. If one party to the non-assistance cooperative agreement would independently have an interest in the project, which is shared by the other party, and all parties contribute resources to obtain the end result of the project, mutual interest exists. § 550.107 Exceptions. This part does not apply to:

(a)USDA Federal Financial Assistance agreements subject to 2 CFR parts 400 and 415;

(b)Procurement contracts or other agreements subject to the Federal Acquisition Regulation

(FAR)or the Agriculture Acquisition Regulation (AgAR); or

(c)Agreements providing loans or insurance directly to an individual. § 550.108 Conflicting policies and deviations. This part supersedes and takes precedence over any individual REE regulations and directives dealing with executed and administered non-assistance cooperative agreements entered into under the delegated authority of 7 U.S.C. 3318(b). This part may only be superseded, in whole or in part, by a specifically worded Federal statute, regulation, or Executive Order. Deviations from specific provisions of part 550 must be authorized by the USDA-REE-Administrative and Financial Management (AFM)-Financial Management and Agreements Division (FMAD), or any successor organization, based on a documented justification. In the interest of maximum uniformity, exceptions from any requirements of this Part will be permitted only in unusual circumstances. Responsibility for developing, interpreting, and updating this Part is assigned to the USDA-REE-AFM-FMAD, or any successor organization. § 550.109 Formation of non-assistance cooperative agreements. In lieu of 2 CFR 200.201 through 200.204, 200.206, and 200.306, this section establishes project development, resource contributions, indirect cost reimbursement, and tuition remission provisions for non-assistance cooperative agreements.

(a)*Project development.* REE Agencies provide partial funding to cooperators to support research projects that contribute to REE program objectives and help carry out the REE mission. The project must consist of a project plan and/or statement of work, and a budget as follows:

(1)*Project plan.* A *project plan* must be jointly developed by the Agency PI and the cooperator, and be compliant with a REE program requirement. The REE Agency may include program-specific requirements, as applicable. These requirements should be aligned with Agency strategic goals, strategic objectives, or performance goals that are relevant to the program.

(2)*Statement of work.* A detailed *statement of work* must be jointly planned, developed, and prepared by the cooperator's PI and the Agency PI to address the objective(s), approach, statement of mutual interest, performance responsibilities (which may include specific performance goals, indicators, milestones, or expected outcomes, such as outputs, or services performed or public impacts of any of these, with an expected timeline for accomplishment), and any mutual agreements.

(3)*Budget.* The *budget* is a funding plan that must be jointly developed by the Agency PI and the Cooperator PI. The approved budget must identify the cooperator resource contributions, both direct and indirect, by budget line item. The cooperator must provide a budget justification/narrative.

(b)*Resource contributions.* Each party must contribute resources towards the successful completion of the non-assistance cooperative agreement.

(1)*Agency resource contributions.* The *Agency's contribution* is the Federal share as reflected in the award.

(2)*Cooperator resource contributions.* The *Cooperator's contribution* may consist of funds, services, or in-kind contributions, must be no less than 20 percent of the total funding provided by the REE Agency, and cannot fall below 20 percent of the total Federal funding throughout the period of performance. All cooperator contributions must consist of a sufficient amount of itemized direct costs to demonstrate a true stake in the project, as determined by the ADO. All contributions must be documented in the budget and be consistent with the cooperator's institution classification of costs.

(i)Cooperator resource contributions must meet all of the following criteria:

(A)Are verifiable from the Cooperator's records;

(B)Are not included as contributions for any other Federal award;

(C)Are necessary and reasonable for accomplishment of project or program objectives;

(D)Are allowable under 2 CFR part 200, subpart E;

(E)Are not paid by the Federal government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to cooperator resource contributions of other Federal programs;

(F)Conform to other provisions of this Part, as applicable.

(ii)Cooperator's share of contributions to the project may include:

(A)Unrecovered indirect costs, including indirect costs of the cooperator's resource contributions. Unrecovered indirect cost means the difference between the amount charged to the award and the amount which could have been charged to the award under the cooperator's approved negotiated indirect cost rate.

(B)Values for cooperator's contributions of services and property, established in accordance with 2 CFR 200.434. If the REE Agency authorizes the cooperator to donate buildings or land for construction/facilities acquisition projects or long term use, the value of the donated property for cooperator contributions must be the lesser of paragraph (b)(2)(ii)(B)( *1* ) or ( *2* ) of this section (refer to paragraph (b)(2)(ii)(H) of this section for more on the value of donated property): ( *1* ) The value of the remaining life of the property recorded in the cooperator's accounting records at the time of donation. ( *2* ) The current fair market value. However, when there is sufficient justification, the REE Agency may approve the use of the current fair market value of the donated property, even if it exceeds the value described in paragraph (b)(2)(ii)(B)( *1* ) of this section at the time of donation.

(C)Volunteer services furnished by third-party professional and technical personnel, consultants, and other skilled and unskilled labor, if the service is an integral and necessary part of an approved project or program. Rates for third-party volunteer services must be consistent with those paid for similar work by the cooperator. In those instances in which the required skills are not found in the cooperator, rates must be consistent with those paid for similar work in the labor market in which the cooperator competes for the kind of services involved. In either case, paid fringe benefits that are reasonable, necessary, allocable, and otherwise allowable may be included in the valuation. (Refer to paragraph (b)(2)(ii)(H) of this section for more on third-party in-kind contributions.)

(D)Donated employee services furnished by third-party organization. These services must be valued at the employee's regular rate of pay plus an amount of fringe benefits that is reasonable, necessary, allocable, and otherwise allowable, and indirect costs at either the third-party organization's approved federally negotiated indirect cost rate, or, a rate in accordance with 2 CFR 200.414(d), provided these services employ the same skill(s) for which the employee is normally paid. Where donated services are treated as indirect costs, indirect cost rates will separate the value of the donated services so that reimbursement for the donated services will not be made. (Refer to paragraph (b)(2)(ii)(H) of this section for more on third-party in-kind contributions.)

(E)Donated property from third parties, which may include such items as office supplies, laboratory supplies, or workshop and classroom supplies. Value assessed to donated property included in the cooperator contributions must not exceed the fair market value of the property at the time of the donation. (Refer to paragraph (b)(2)(ii)(H) in this section for more on third-party in-kind contributions.)

(F)Third-party-donated equipment, buildings and land. The method used for determining cooperator contributions for which title passes to the cooperator may differ according to the purpose of the Award, if paragraph (b)(2)(ii)(F)( *1* ) or ( *2* ) of this section apply: ( *1* ) If the purpose of the Federal award is to assist the non-Federal entity in the acquisition of equipment, buildings or land, the aggregate value of the donated property may be claimed as cooperator resource contributions. ( *2* ) If the purpose of the Award is to support activities that require the use of equipment, buildings or land, normally only depreciation charges for equipment and buildings may be made. However, the fair market value of equipment or other capital assets and fair rental charges for land may be allowed, provided that the REE Agency has approved the charges. See also 2 CFR 200.420.

(G)The value of donated property must be determined in accordance with the usual accounting policies of the cooperator, with the following qualifications: ( *1* ) The value of donated land and buildings must not exceed its fair market value at the time of donation to the Cooperator as established by an independent appraiser ( *e.g.,* certified real property appraiser or General Services Administration representative) and certified by a responsible official of the cooperator as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) (Uniform Act) except as provided in the implementing regulations at 49 CFR part 24. ( *2* ) The value of donated equipment must not exceed the fair market value of equipment of the same age and condition at the time of donation. ( *3* ) The value of donated space must not exceed the fair rental value of comparable space as established by an independent appraisal of comparable space and facilities in a privately-owned building in the same locality. ( *4* ) The value of loaned equipment must not exceed its fair rental value.

(H)For third-party in-kind contributions, the fair market value of these goods and services must be documented and to the extent feasible supported by the same methods used internally by the cooperator.

(c)*Indirect costs and tuition remission* —(1) *Reimbursement of indirect costs.* Reimbursement of indirect costs is either prohibited or limited as further described in paragraphs (c)(1)(i) through

(iii)of this section, and the limit is identified on the approved budget, when applicable.

(i)*State cooperative institutions.* Payment of indirect costs to State cooperative institutions in connection with a non-assistance cooperative agreement is prohibited, as described in 7 U.S.C. 3319. This prohibition does not apply to funds for international agricultural programs conducted by a State cooperative institution and administered by the Secretary, or to funds provided by a Federal agency for such cooperative program or project through a fund transfer, advance, or reimbursement.

(ii)*Non-profit organizations.* Payment of indirect costs to non-profit organizations in connection with a non-assistance cooperative agreement is limited to 10 percent of the total direct cost of the Award. (Annual Appropriations Bill for Agriculture and Related agencies, General Provisions.)

(iii)*All other cooperating entities.* With the exception of paragraphs (c)(1)(i) and

(ii)of this section, payment of indirect costs is allowable in connection with a non-assistance cooperative agreement. Reimbursement of indirect costs is limited to the percentage(s) established in the cooperator's approved negotiated indirect cost rate or, if applicable, the de minimis indirect cost rate.

(2)*Tuition remission.* Reimbursement of tuition expenses to State cooperative institutions in connection with non-assistance cooperative agreements is prohibited. (7 U.S.C. 3319)

(d)*Terms and conditions.* The Agency may impose award-specific terms and conditions or require additional assurances when appropriate. § 550.110 Certifications and compliance with statutory and national policy requirements; REE conflict of interest policy.

(a)*Federal statutory and national policy* requirements. The Cooperator must adhere to and comply with, all statutory and national policy requirements of the Federal Government. All signed certifications and assurances must be received by the REE Agency prior to execution of the award.

(b)*REE conflict of interest policy.*

(1)The Cooperator must disclose in writing any potential conflict of interest to the REE awarding agency, prior to award, and when a potential conflict arises during NACA period of performance.

(2)The Cooperator must maintain written standards of conduct covering conflicts of interest and governing the performance of their employees engaged in the selection, award and administration of contracts, and any subawards. § 550.111 Project supervision and responsibilities.

(a)The Cooperator is responsible and accountable for the performance and conduct of all its employees assigned to the project. REE Agencies do not have authority to supervise cooperator employees nor engage in the employer/employee relationship.

(b)The Cooperator PI must:

(1)Work jointly with the Agency PI on developing the project statement of work and budget;

(2)Assure that technical project performance and financial status reports are timely submitted in accordance with the terms and conditions of the award;

(3)Advise the Agency PI of any issues that may affect the timely completion of the project (award);

(4)Assure that appropriate acknowledgements of support are included in all publications and audiovisuals, in accordance with § 550.119 of this part;

(5)Assure that inventions are appropriately reported, in accordance with § 550.124 of this part;

(6)Upon request, provide the Agency a project plan for use during external peer reviews; and

(7)When appropriate, work with the Agency PI to prepare findings for peer-reviewed publication in scientific journals, and make presentations/talks to shareholders, etc. § 550.112 Administrative supervision. The Cooperator is responsible for employer/employee relations such as personnel, performance, and time management issues. The Cooperator is solely responsible for the administrative supervision of its employees, even when its employees are working in Agency facilities. § 550.113 Rules of the workplace. Cooperator employees, while engaged in work at REE facilities, will abide by the Agency's standard operating procedures with regard to the maintenance of laboratory notebooks, dissemination of information, equipment operation standards, facility access, hours of work, Federal agency required training, and the Rules and Regulations Governing Conduct on Federal Property (41 CFR part 102-74, subpart C). Cooperator employees will also undergo any background investigations/clearances, and submit to any health monitoring medical surveillance requirements associated with the REE facility where they will work. § 550.114 Availability of funds. Unless otherwise stated in the agreement, the funding period will begin on the start date of the period of performance specified on the Award Face Sheet. § 550.115 Payment. Reimbursement is the standard method of payment for non-assistance cooperative agreements. All payments to the Cooperator will be made in U.S. dollars by Electronic Funds Transfer (EFT), utilizing the Cooperator's DUNS number and current SAM registration information. The method of payment will be identified on the Award Face Sheet and includes:

(a)*Electronic payment system.* The Agency-accepted electronic payment system is the default method of payment.

(b)*EFT/Treasury Check.* When the payment method identified on the Award Face Sheet is “EFT/Treasury Check,” the Cooperator must submit invoices to the Agency on the OMB-approved SF-270, “Request for Advance or Reimbursement.” In addition to the SF-270, the Cooperator must provide:

(1)Total dollar amount requested for reimbursement itemized by approved budget categories, including the indirect cost rate for the award, when applicable.

(2)Name, phone number, email address, and the Cooperator's financial contact, should the ADO or Agency PI have any invoice questions. § 550.116 Prior approvals.

(a)*Approval.* With regard to 2 CFR 200.308(d)(4), prior documented approval from the REE Agency ADO is required for all prior approval requirements described in paragraph 2 CFR 200.308(d)(2).

(b)*No cost extensions.* With regard to 2 CFR 200.308(d)(2), all time extensions will only be approved by an amendment to the award. The Cooperator shall prepare and submit a written request to the ADO (which must be received no later than 10 days prior to the expiration date of the award). The request must contain, at a minimum, the following information:

(1)The length of additional time required to complete project objectives and a justification for the extension;

(2)A summary of progress to date (a copy of the most recent progress report is acceptable provided the information is current); and,

(3)Signature of the Authorized Representative and the Principal Investigator requesting the extension. Any request received by the ADO that does not meet this requirement will be returned for the necessary signature(s).

(c)*Budget revisions.* Budget revisions among direct cost categories or programs, functions, and activities for awards in which the Federal share of the project *exceeds* the Simplified Acquisition Threshold and the cumulative amount of such transfers *exceeds* or *is expected to exceed* 10 percent of the total budget as last approved by the REE Agency requires prior documented approval.

(d)*Advertising.* See § 550.121 of this part. § 550.117 Program income.

(a)*Use of program income.*

(1)Program income earned must be added to the non-assistance cooperative agreement, unless otherwise specified in the award.

(2)When specified in the award, program income can be used towards fulfilling the cooperator's resource contributions for the same award.

(b)*Disclosing program income.* The Cooperator must disclose program income in financial reports. Refer to § 550.123 of this part.

(c)*Program income closeout.* The REE Agency and the Cooperator will negotiate appropriate uses of income earned balances, after the period of performance, as part of the agreement closeout process. § 550.118 Peer review. Upon request of the REE Agency, Cooperators may be required to provide documentation in support of peer review activities, and Cooperator's personnel may be requested to participate in peer review forums to assist the REE Agency with their reviews. § 550.119 Publications and audiovisuals. In addition to 2 CFR 415.2, “Acknowledgement of USDA Support on Publications and Audiovisuals,” the Cooperator must adhere to the following:

(a)The REE Agency acknowledgment of support must read: “This material is based upon work supported by the Department of Agriculture, (type Agency name) under Agreement No. (type the Federal Award Identification Number

(FAIN)here).”

(b)All material described in 2 CFR 415.2 must also contain the following disclaimer unless the publication or audiovisual is formally cleared by the REE Agency: “Any opinions, findings, conclusion, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the Department of Agriculture.”

(c)Any public or technical information related to work carried out under a non-assistance cooperative agreement must be submitted by the developing party to the other for advice and comment. Information released to the public must describe the contributions of both parties to the work effort. In the event of a dispute, a separate publication or audiovisual may be made with effective statements of acknowledgment and disclaimer.

(d)The Cooperator must submit to the Agency PI copies of all final publications and audiovisuals resulting from the research conducted under the non-assistance cooperative agreement.

(e)REE Agencies and the Federal Government shall enjoy a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, for Federal purposes any materials developed in conjunction with a non-assistance cooperative agreement or contract under such a cooperative agreement. § 550.120 Press releases. Press releases or other forms of public notification for a broad public audience will be submitted to the REE Agency for review, prior to release to the public. The REE Agency will be given the opportunity to review, in advance, all written press releases and any other written information (including web content postings) to be released to the public by the Cooperator, and require changes as deemed necessary, if the material mentions by name the REE Agency, or the USDA, or any REE or USDA employee or research unit or location. § 550.121 Advertising. The Cooperator will not refer in any manner to the USDA or any REE Agency in connection with the use of the results of the award, without prior specific written authorization by the REE Agency. Information obtained as a result of the award will be made available to the public in printed or other forms by the REE Agency at its discretion. The Cooperator will be given due credit for its cooperation in the project. Prior approval is required. § 550.122 Vesting of title. Title to equipment and supplies and other tangible personal property will vest in the Cooperator as described in 2 CFR 200.313 and 200.314, unless otherwise specified in the award. (7 U.S.C. 3318(d)) § 550.123 Financial reporting. The Cooperator must submit financial reports at the interval required by the REE Agency, as identified on the Award Face Sheet, and may submit financial reports to the ADO electronically (refer to 2 CFR 200.335 Methods for collection, transmission, and storage of information).

(a)The OMB-approved SF-425, “Federal Financial Report,” may be used to report the financial status of an award; however, a financial report must contain an itemization of actual dollar amounts expended on the project during the reporting period (in line with the approved budget), and cumulative totals expended for each budget category from the start date of the award.

(b)Financial reporting due dates:

(1)Quarterly and semi-annual reports are due no later than 30 calendar days after the reporting period.

(2)Annual reports are due no later than 90 days following the end of the award anniversary date ( *i.e.,* one year following the month and day when the period of performance begins, and each year thereafter up until a final report is required).

(c)Final financial report:

(1)Requests for extensions must be submitted to the ADO.

(2)Regardless of Agency-provided extensions for submission of the final financial report, funds will not be available for any drawdowns/payments that exceed statutory limits, as well as any expiring appropriations. § 550.124 Technical and property reporting requirements.

(a)*Technical performance report.* The Cooperator must submit technical performance reports at the interval required by the REE Agency, as identified on the Award Face Sheet, and may submit performance reports to the REE Agency electronically.

(1)The performance report must follow the format of the Government wide Research Performance Progress Report, and must include the information described in 2 CFR 200.328(b)(2)(i) through (iii).

(2)The final performance report covers the entire period of performance of the award, and must describe progress made during the entire timeframe of the project.

(b)*Intellectual property reporting.* Reporting intellectual property resulting from a REE Agency award will be carried out through Interagency Edison (iEdison). The non-Federal entity must submit Invention Reports and Utilization Reports, including other relevant reports, at the iEdison web interface: *www.iedison.gov.*

(c)*Tangible personal property report.* Upon termination or expiration of the award, the non-Federal entity must identify personal property/equipment purchased with any Federal funds under the award on the OMB-approved SF-428, “Tangible Personal Property Report and Instructions.” Dated: September 23, 2016. Catherine Woteki, Chief Scientist, USDA, Under Secretary, Research, Education, and Economics. [FR Doc. 2016-23884 Filed 10-7-16; 8:45 am]

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