[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 8836-8837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4430]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR PART 1499
RIN 0551-0035
Foreign Donation of Agricultural Commodities
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends regulations governing procedures for
procuring ocean transportation for agricultural commodities provided
under section 416(b) of the Agricultural Act of 1949 and the Food for
Progress Act of 1985. These changes are consistent with the procedures
applicable to title I of the Agricultural Trade Development and
Assistance Act of 1954 (P.L. 480).
DATES: This interim rule is effective February 23, 1998. Comments must
be received in writing by April 24, 1998 to be assured of
consideration.
ADDRESSES: Send comments to the Director, Commodity Credit Corporation,
Program Support Division, Foreign Agricultural Service, United States
Department of Agriculture, 1400 Independence Avenue, S.W., Stop 1031,
Washington, D.C. 20250-1031; telephone (202) 720-3573.
FOR FURTHER INFORMATION CONTACT: Ira Branson, Director, Commodity
Credit Corporation Program Support Division, Foreign Agricultural
Service, United States Department of Agriculture, 1400 Independence
Avenue, S.W., Stop 1031, Washington, D.C. 20250-1031; telephone (202)
720-3573.
SUPPLEMENTARY INFORMATION: This interim rule is issued in conformance
with Executive Order 12866. Based on information compiled by the
Department, it has been determined that this interim 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;
[[Page 8837]]
(3) Would not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(4) Would not materially alter the budgetary impact of entitlement,
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.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this interim 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 interim rule.
Paperwork Reduction Act
This interim rule does not contain any information collection
requirements that require OMB approval under the provisions of the
Paperwork Reduction Act.
Executive Order 12372
This interim 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 12988
This interim rule has been reviewed under the Executive Order
12988, Civil Justice Reform. The interim 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 interim rule would not have retroactive
effect. Administrative proceedings are not required before parties may
seek judicial review.
In accordance with section 416(b) of the Agricultural Act of 1949,
7 U.S.C. 1431(b), (``section 416(b)'') and the Food for Progress Act of
1985, 7 U.S.C. 1736o, (``FFP''), Commodity Credit Corporation (``CCC'')
donates agricultural commodities overseas to meet food needs and to
support economic development efforts in foreign countries. The
recipient of a donation, commonly referred to as a ``cooperating
sponsor,'' is required to contract for the ocean transportation of the
donated commodities. Current regulations governing section 416(b) and
FFP require cooperating sponsors to follow certain procedures when
contracting for ocean transportation of bulk cargoes and non-liner
shipments of packaged commodities that parallel procedures required
under title I of the Agricultural Trade Development and Assistance Act
of 1954, (Pub. L. 480). The Pub. L. 480 Operations Division, Export
Credits, Foreign Agricultural Service, has the responsibility of
overseeing the contracting process for all these programs.
On October 10, 1997, CCC published a final rule applicable to title
I, Pub. L. 480 at 7 CFR part 17 that changed certain requirements
regarding the procedures for contracting for ocean transportation of
bulk cargoes and non-liner shipments of packaged commodities and also
reorganized part 17 (62 FR 52929). The purpose of this interim rule is
to amend the regulations applicable to section 416(b) and FFP to be
consistent with the new title I, P.L. 480 requirements. In particular,
the interim rule deletes the prohibition in Sec. 1499.8(b)(4) against
``clarification or submission of additional information'' under
competitive freight invitations for bids and updates a cross reference
to the title I, Pub. L. 480 regulations regarding information and
certifications required from prospective shipping agents. Public
participation in these rule changes is unnecessary because the changes
were the subject of public comments during the title I, Pub. L. 480
rule-making process. Also, any delay in promulgating these changes may
delay implementation of these foreign assistance programs this fiscal
year. For these reasons, CCC is promulgating this rule as an interim
rule, effective on publication. However, comments on the provisions of
this regulation are invited. CCC will consider all comments received
and may make changes based on the comments received.
List of Subjects in 7 CFR Part 1499
Agricultural commodities, Exports, Foreign aid.
Accordingly, CCC proposes to amend 7 CFR part 1499 as follows:
PART 1499--FOREIGN DONATION PROGRAMS
1. The authority citation for part 1499 continues to read as
follows:
Authority: 7 U.S.C. 1431(b); 7 U.S.C. 1736o; E.O. 12752.
2. In Sec. 1499.8, paragraph (b)(4) is amended by revising the
first sentence to read as follows:
Sec. 1499.8 Ocean transportation.
* * * * *
(b) * * *
(4) In the case of shipments of bulk commodities and non-liner
shipments of packaged commodities, the Cooperating Sponsor shall open
offers in public in the United States at the time and place specified
in the invitation for bids and consider only offers that are responsive
to the invitation for bids without negotiation. * * *
* * * * *
Sec. 1499.8 [Amended]
3. In Sec. 1499.8, paragraph (c)(2) is amended by removing ``7 CFR
17.5'' and adding, in its place, ``7 CFR 17.4''.
Signed at Washington, DC on November 20, 1997.
Christopher E. Goldthwait,
General Sales Manager, FAS, and Vice President, Commodity Credit
Corporation.
[FR Doc. 98-4430 Filed 2-20-98; 8:45 am]
BILLING CODE 3410-10-M
