[Federal Register Volume 61, Number 7 (Wednesday, January 10, 1996)]
[Proposed Rules]
[Pages 704-705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-326]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 7 / Wednesday, January 10, 1996 /
Proposed Rules
[[Page 704]]
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1485
Agreements for the Development of Foreign Markets for
Agricultural Commodities
AGENCY: Commodity Credit Corporation (CCC).
ACTION: Proposed rule.
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SUMMARY: The Commodity Credit Corporation (CCC) is proposing to amend
its regulations implementing the Market Promotion Program (MPP)
authorized by Section 203 of the Agricultural Trade Act of 1978, 7
U.S.C. 5623. Specifically, the proposed rule would extend the period of
time following the expiration of the marketing year during which
participants may pay for approved market development activities and
still be entitled to receive reimbursement from CCC. This period would
be extended from 30 days to 4 months. The proposed rule is part of an
effort by CCC to increase program flexibility and ease administrative
requirements on program participants.
DATES: Comments on the proposed rule should be submitted in writing to
the address below by February 9, 1996 to be assured of consideration.
FOR FURTHER INFORMATION CONTACT:
Sharon L. McClure, Director, Marketing Operations Staff, Foreign
Agricultural Service, United States Department of Agriculture, 14th and
Independence Avenue, SW., Washington, DC 20250-1042, (202) 720-5521.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule is issued in conformance with Executive Order
12866. Based on information compiled by the Department, it has been
determined that this proposed rule:
(1) Would have an annual effect on the economy of less than $100
million;
(2) Would not adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities;
(3) Would not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(4) Would not alter the budgetary impact of entitlements, grants,
user fees, or loan programs or rights and obligations of recipients
thereof; and
(5) Would not raise novel legal or policy issues arising out of
legal mandates, the President's priorities, or principles set forth in
Executive Order 12866.
The Department of Agriculture is committed to carrying out its
statutory and regulatory mandates in a manner that best serves the
public interest. Therefore, where legal discretion permits, the
Department actively seeks to promulgate regulations that promote
economic growth, create jobs, are minimally burdensome and are easy for
the public to understand, use or comply with. In short, the Department
is committed to issuing regulations that maximize net benefits to
society and minimize costs imposed by those regulations.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this proposed rule since CCC is not required by 5 U.S.C.
553 or any other provision of law to publish a notice of rulemaking
with respect to the subject matter of this rule.
Paperwork Reduction Act
The proposed rule does not impose any new reporting or
recordkeeping requirements. The information collection requirements of
participating in the MPP were approved for use by the Office of
Management and Budget under OMB control number 0551-0027.
Executive Order 12372
This proposed rule is not subject to the provisions of Executive
Order 12372 which requires intergovernmental consultation with state
and local officials. See the Notice related to 7 CFR part 3015, subpart
V, published at 46 FR 29115 (June 24, 1983).
Executive Order 12778
This proposed rule has been reviewed under the Executive Order
12778, Civil Justice Reform. The proposed rule would have pre-emptive
effect with respect to any state or local laws, regulations, or
policies which conflict with such provisions or which otherwise impede
their full implementation. The proposed rule would not have retroactive
effect. Administrative proceedings are not required before parties may
seek judicial review.
Background
On February 1, 1995, the CCC published final rules at 60 FR 6352
governing the MPP. These new rules were applicable beginning with a
participant's 1995 marketing year. Following publication, CCC
participated with interested parties in five information sessions
designed to familiarize participants with the new regulations and offer
participants an additional opportunity to identify any problem areas.
At these sessions, there was considerable discussion concerning the
requirement that participants must have completely paid for approved
activities not later that 30 days following the end of a participant's
activity plan in order to receive reimbursement, 7 CFR 1485.16(h)(3).
As a result of these discussions, CCC recognized that this requirement
is too restrictive and does not allow sufficient time for a participant
to receive and pay an invoice submitted by a third party, particularly
for those activities that are conducted near the end of an activity
plan year. In addition, the current requirement may, inadvertently,
impose a requirement on participants to prepay invoices. This is not a
practice CCC wishes to endorse since it is not a common business
practice and may also jeopardize the financial integrity of the
program. This proposed rule would amend the current requirement in 7
CFR 1485.16(h) by allowing participants to transfer funds to pay for
activities not later than 4 months following the end of the activity
plan year and still be entitled to receive reimbursement from CCC.
List of Subjects in 7 CFR Part 1485
Agricultural commodities, Exports.
[[Page 705]]
For the reasons set forth in the preamble, CCC proposes to amend 7
CFR part 1485 as follows:
PART 1485--AGREEMENTS FOR THE DEVELOPMENT OF FOREIGN MARKETS FOR
AGRICULTURAL COMMODITIES
1. The authority citation for Part 1485 continues to read as
follows:
Authority: 7 U.S.C. 5623, 5662-5664 and sec. 1302, Pub. L. 103-
66, 107 Stat. 330.
Subpart B--Market Promotion Program
2. In Sec. 1485.16, paragraph (h) is revised to read as follows:
Sec. 1485.16 Reimbursement rules.
* * * * *
(h) CCC will reimburse for expenditures made after the conclusion
of participant's activity plan year provided:
(1) The activity was approved prior to the end of the activity plan
year;
(2) The activity was completed within 30 calendar days following
the end of the activity plan year; and
(3) all funds transferred to pay for the activity within 4 months
following the end of the activity plan year.
Signed at Washington, D.C. on December 19, 1995.
Timothy J. Galvin,
Acting Administrator, Foreign Agricultural Service and Vice President,
Commodity Credit Corporation.
[FR Doc. 95-326 Filed 1-9-95; 8:45 am]
BILLING CODE 3410-05-M
