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

Cited as:85 FR 72912
Court:National Institute Of Food And Agriculture, Rural Utilities Service
Publication Date:16 Nov 2020
Record Number:2020-24502
72912
Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
Dated: September 25, 2020.
Alex M. Azar II,
Secretary.
[FR Doc. 2020–21774 Filed 11–13–20; 8:45 am]
BILLING CODE 4151–17–P
DEPARTMENT OF AGRICULTURE
Office of the Secretary
2 CFR Parts 415 and 416
Rural Utilities Service
7 CFR Part 1780
National Institute of Food and
Agriculture
7 CFR Part 3430
Department of Agriculture Regulations
for Grants and Agreements; Update of
Citations
AGENCY
: Office of the Secretary, Rural
Utilities Service, National Institute of
Food and Agriculture, and Office of the
Chief Financial Officer, Department of
Agriculture.
ACTION
: Final rule.
SUMMARY
: The Office of Management
and Budget (OMB) revised sections of
its Guidance for Grants and Agreements
in August 2020. This final rule amends
the regulations of several United States
Department of Agriculture agencies to
reflect the revised OMB guidance and
make technical corrections to the
Department’s grants and agreements
regulations.
DATES
: Effective November 16, 2020.
FOR FURTHER INFORMATION CONTACT
:
Tyson Whitney, Office of the Chief
Financial Officer, Director,
Transparency and Accountability
Reporting Division, United States
Department of Agriculture, 1400
Independence Avenue SW, Washington,
DC 20250–9011, 202–720–8978,
tyson.whitney@usda.gov.
SUPPLEMENTARY INFORMATION
: The
regulations in 2 CFR chapter IV set forth
the United States Department of
Agriculture’s (USDA) regulations for
grants and agreements. In a final rule
published December 19, 2014 (79 FR
75982), USDA’s Office of the Chief
Financial Officer adopted 2 CFR part
200, along with an agency-specific
addendum in a new 2 CFR part 400. The
regulations in 2 CFR parts 415, 416, 418,
and 422 were established. The
regulations in 2 CFR chapter IV updated
and replaced provisions that had
previously been found in 7 CFR parts
3015, 3016, 3018, 3019, 3022, 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. As a result of the August 13, 2020,
publication of the Office of Management
and Budget’s ‘‘Guidance for Grants and
Agreements’’ (85 FR 49506), we have
identified a number of instances where
technical corrections are necessary. This
final rule makes those technical
corrections where needed.
Effective Date
This rule relates to internal agency
management and makes various
nonsubstantive changes to the
regulations in titles 2 and 7 of the Code
of Federal Regulations to make technical
corrections 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
2 CFR Parts 415 and 416
Accounting, Administrative practice
and procedure, Agriculture, Auditing,
Business and industry, Colleges and
universities, Community development,
Cost principles, Economic development,
Government contracts, Grants
administration, Grant programs, Grant
programs—housing and community
development, Hospitals, Indians, Loan
programs—agriculture, Nonprofit
organizations, Reporting and
recordkeeping requirements, Rural
areas, State and local governments.
7 CFR Part 1780
Community development,
Community facilities, Grant programs—
housing and community development,
Loan programs—housing and
community development, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 3430
Administrative practice and
procedure, Agriculture research,
Education, Federal assistance.
Accordingly, 2 CFR parts 415 and 416
and 7 CFR parts 1780 and 3430 are
amended as follows:
Title 2—[Amended]
PART 415—GENERAL PROGRAM
ADMINISTRATIVE REGULATIONS
1. The authority citation for part 415
is revised to read as follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 901–
903; 7 CFR 2.28.
2. In § 415.1, paragraphs (a)(1) and
(b)(10) are revised to read as follows:
§ 415.1 Competition in the awarding of
discretionary grants and cooperative
agreements.
(a) * * *
(1) Potential applicants must be
invited to submit proposals through
publications such as the Federal
Register, OMB-designated
governmentwide website as described in
2 CFR 200.204, professional trade
journals, agency or program handbooks,
the Assistance Listings, or any other
appropriate means of solicitation. In so
doing, awarding agencies should
consider the broadest dissemination of
project solicitations in order to reach the
highest number of potential applicants.
* * * * *
(b) * * *
(10) The Assistance Listings number
and title.
* * * * *
PART 416—GENERAL PROGRAM
ADMINISTRATIVE REGULATIONS FOR
GRANTS AND COOPERATIVE
AGREEMENTS TO STATE AND LOCAL
GOVERNMENTS
3. The authority citation for part 416
is revised to read as follows:
Authority: 5 U.S.C. 301; 31 U.S.C. 901–
903; 7 CFR 2.28.
§ 416.1 [Amended]
4. Section 416.1 is amended as
follows:
a. In paragraph (a), by removing the
citation ‘‘2 CFR 200.101(e)(4) through
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Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
(6)’’ both times it appears and adding
the citation ‘‘2 CFR 200.101(f)(4)
through (6)’’ in its place.
b. In paragraph (b), by removing the
citations ‘‘2 CFR 200.101(e)(4) through
(6)’’ and ‘‘2 CFR 200.319(b)’’ and adding
the citations ‘‘2 CFR 200.101(f)(4)
through (6)’’ and ‘‘2 CFR 200.319(c)’’ in
their places, respectively.
Title 7—[Amended]
PART 1780—WATER AND WASTE
LOANS AND GRANTS
6. The authority citation for part 1780
continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
§ 1780.3 [Amended]
7. In § 1780.3(a), the definition of
Simplified acquisition threshold is
amended by removing the citation ‘‘2
CFR 200.88’’ and adding the citation ‘‘2
CFR 200.1’’ in its place.
PART 3430—COMPETITIVE AND
NONCOMPETITIVE NON-FORMULA
FEDERAL ASSISTANCE PROGRAMS—
GENERAL AWARD ADMINISTRATIVE
PROVISIONS
8. 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).
§ 3430.41 [Amended]
9. In § 3430.41, paragraph (b) is
amended by removing the citation
‘‘section 210 of 2 CFR Part 200’’ and
adding the citation ‘‘2 CFR 200.211’’ in
its place.
Stephen Censky,
Deputy Secretary, U.S. Department of
Agriculture.
[FR Doc. 2020–24502 Filed 11–13–20; 8:45 am]
BILLING CODE 3410–90–P
FEDERAL RETIREMENT THRIFT
INVESTMENT BOARD
5 CFR Parts 1600 and 1605
Simplification of Catch-Up
Contribution Process
AGENCY
: Federal Retirement Thrift
Investment Board.
ACTION
: Final rule.
SUMMARY
: The Federal Retirement Thrift
Investment Board (‘‘FRTIB’’) is reducing
paperwork burdens on participants who
are eligible to make catch-up
contributions by removing the
regulation that requires them to submit
two different contribution election
forms.
DATES
: This rule is effective January 1,
2021.
FOR FURTHER INFORMATION CONTACT
:
Austen Townsend, (202) 864–8647.
SUPPLEMENTARY INFORMATION
: The
FRTIB administers the Thrift Savings
Plan (TSP), which was established by
the Federal Employees’ Retirement
System Act of 1986 (FERSA), Public
Law 99–335, 100 Stat. 514. The TSP
provisions of FERSA are codified, as
amended, largely at 5 U.S.C. 8351 and
8401–79. The TSP is a tax-deferred
retirement savings plan for federal
civilian employees and members of the
uniformed services. The TSP is similar
to cash or deferred arrangements
established for private-sector employees
under section 401(k) of the Internal
Revenue Code (IRC)(26 U.S.C. 401(k)).
Normally, a TSP participant’s
contributions to his or her account
cannot exceed the statutory limits set
forth in IRC section 402(g) (limiting the
amount of traditional and Roth
contributions to $19,500 for calendar
year 2021) and IRC section 415(c)
(limiting the total amount of traditional,
Roth, tax-exempt, matching, and
automatic 1% contributions to the lesser
of 100% of the participant’s
compensation or $58,000 for calendar
year 2021). However, a TSP participant
who is age 50 or older is permitted to
make catch-up contributions to his or
her TSP account beyond these statutory
limits up to the dollar limit in IRC
section 414(v), which is $6,500 for
calendar year 2021.
On January 23, 2020, the FRTIB
published a proposed rule with request
for comments in the Federal Register
(85 FR 3857) to simplify the catch-up
contribution process by no longer
requiring participants to submit separate
catch-up contribution election forms.
The FRTIB received five comments on
the proposed rule. Three comments
expressed strong support for reducing
the burden on participants by
eliminating the separate catch-up
contribution election forms. Two of the
comments did not address the substance
of the regulations. Therefore the FRTIB,
is publishing the proposed rule as final
without change.
Although the regulatory text is being
published without change, in order to
avoid confusion, the FRTIB wishes to
clarify the effect of the simplified catch-
up contribution process on the rules set
forth at 5 CFR 1605.13 regarding back
pay awards and other retroactive pay
adjustments. If a TSP participant was
age 50 or older during the year(s) to
which a back pay award or other
retroactive pay adjustment is
attributable and the corrective
contributions or make-up contributions
exceed the IRC section 402(g) or 415(c)
limit, then corrective contributions or
make-up contributions will spill over
toward the catch-up limit for those
years, even if the contributions are
attributable to years before 2021.
However, catch-up contributions
attributable to years before 2021 are not
eligible for matching.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation will affect federal
employees, members of the uniformed
services who participate in the Thrift
Savings Plan, and their beneficiaries.
The TSP is a federal defined
contribution retirement savings plan
created by FERSA and is administered
by the FRTIB.
Paperwork Reduction Act
I certify that these regulations do not
require additional reporting under the
Paperwork Reduction Act.
Unfunded Mandates Reform Act of
1995
Pursuant to the Unfunded Mandates
Reform Act of 1995, 2 U.S.C. 602, 632,
653, 1501–1571, the effects of this
regulation on state, local, and tribal
governments and the private sector have
been assessed. This regulation will not
compel the expenditure in any one year
of $100 million or more by state, local,
and tribal governments, in the aggregate,
or by the private sector. Therefore, a
statement under 1532 is not required.
List of Subjects
5 CFR Part 1600
Taxes, Claims, Government
employees, Pensions, Retirement.
5 CFR Part 1605
Claims, Government employees,
Pensions, Retirement.
Ravindra Deo,
Executive Director, Federal Retirement Thrift
Investment Board.
For the reasons stated in the
preamble, the FRTIB amends 5 CFR
chapter VI as follows:
PART 1600—EMPLOYEE
CONTRIBUTION ELECTIONS,
CONTRIBUTION ALLOCATIONS, AND
AUTOMATIC ENROLLMENT
PROGRAM
1. The authority citation for part 1600
continues to read as follows:
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