Rule2021-25984
Programs To Help Develop Foreign Markets for Agricultural Commodities
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 6, 2021
Effective
December 6, 2021
Issuing agencies
Agriculture DepartmentCommodity Credit Corporation
Abstract
The Office of Management and Budget (OMB) revised and renumbered certain provisions in its regulation establishing uniform administrative requirements, cost principles, and audit requirements for Federal awards to non-Federal entities. This final rule amends the U.S. Department of Agriculture's (USDA) regulations on Programs to Help Develop Foreign Markets for Agricultural Commodities ("FMD regulation") to make technical corrections to reflect the revised OMB regulations. This final rule also makes three minor changes to the FMD regulation: To modify the timing of the evaluation provision; to add one additional exemption for a USA Pavilion waiver request; and to add certain flexibilities to the sample shipment requirements.
Full Text
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<title>Federal Register, Volume 86 Issue 231 (Monday, December 6, 2021)</title>
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[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68880-68882]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25984]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1484
Programs To Help Develop Foreign Markets for Agricultural
Commodities
AGENCY: Commodity Credit Corporation and Foreign Agricultural Service,
U.S. Department of Agriculture (USDA).
ACTION: Final rule.
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SUMMARY: The Office of Management and Budget (OMB) revised and
renumbered certain provisions in its regulation establishing uniform
administrative requirements, cost principles, and audit requirements
for Federal awards to non-Federal entities. This final rule amends the
U.S. Department of Agriculture's (USDA) regulations on Programs to Help
Develop Foreign Markets for Agricultural Commodities (``FMD
regulation'') to make technical corrections to reflect the revised OMB
regulations. This final rule also makes three minor changes to the FMD
regulation: To modify the timing of the evaluation provision; to add
one additional exemption for a USA Pavilion waiver request; and to add
certain flexibilities to the sample shipment requirements.
DATES: This rule is effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Curt Alt, (202) 690-4784,
<a href="/cdn-cgi/l/email-protection#bbd8cec9cf95dad7cffbcec8dfda95dcd4cd"><span class="__cf_email__" data-cfemail="2b485e595f054a475f6b5e584f4a054c445d">[email protected]</span></a>. Persons with disabilities who require an alternative
means for communication of information (e.g., Braille, large print,
audiotape, etc.) should contact Angela Ubrey (Human Resources, 202-772-
4836) or Constance Goodwin (Office of Civil Rights, 202-379-6431).
SUPPLEMENTARY INFORMATION: The FMD regulation, 7 CFR part 1484, refers
to
[[Page 68881]]
and cites various sections of 2 CFR part 200. As a result of amendments
that OMB made to 2 CFR part 200 in August 2020, the Commodity Credit
Corporation (CCC) has identified a number of instances where technical
corrections are necessary. This final rule makes those technical
corrections where needed. In addition, this final rule also modifies
the timing of the evaluation provision and adds one additional
exemption for a USA Pavilion waiver request.
This rule involves a matter relating to agency management or
personnel or to public property, loans, grants, benefits, or contracts.
Accordingly, notice and other public procedure on this rule are
unnecessary and this rule may be made effective less than 30 days after
publication in the Federal Register. See 5 U.S.C. 553.
Catalog of Federal Domestic Assistance
The program covered by this regulation is listed in the Catalog of
Federal Domestic Assistance (CFDA) under the following Foreign
Agricultural Service (FAS) CFDA number: 10.600, Foreign Market
Development Cooperator Program.
E-Government Act Compliance
CCC is committed to complying with the E-Government Act of 2002 (44
U.S.C. chapter 36), to promote the use of the internet and other
information technologies to provide increased opportunities for
citizens' access to Government information and services, and for other
purposes.
Executive Order 12866 and 13563
Executive Order 12866, ``Regulatory Planning and Review,'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review,''
direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). Executive Order 13563 emphasized the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. The requirements in
Executive Orders 12866 and 13573 for the analysis of costs and benefits
apply to rules that are determined to be significant. It has been
determined that this action is not significant for the purposes of
Executive Order 12866; therefore, this rule was not reviewed by the
Office of Management and Budget.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs has designated this
rule as not a major rule, as defined by 5 U.S.C. 804(2).
Executive Order 12988
This rule has been reviewed in accordance with Executive Order
12988, ``Civil Justice Reform.'' This rule does not preempt State or
local laws, regulations, or policies unless they present an
irreconcilable conflict with this rule. This rule will not be
retroactive.
Executive Order 12372
Executive Order 12372, ``Intergovernmental Review of Federal
Programs,'' requires consultation with officials of State and local
governments that would be directly affected by the proposed Federal
financial assistance. The objectives of the Executive order are to
foster an intergovernmental partnership and a strengthened federalism
by relying on State and local processes for the State and local
government coordination and review of proposed Federal financial
assistance and direct Federal development. This rule will not directly
affect State or local officials and, for this reason, it is excluded
from the scope of Executive Order 12372.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally requires an agency to prepare a regulatory flexibility
analysis of any rule that is subject to notice and comment rulemaking
under the Administrative Procedure Act (APA) or any other law, unless
the agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. The Regulatory
Flexibility Act does not apply to this rule because CCC is not required
by the APA or any other law to publish a notice of proposed rulemaking
with respect to the subject matter of the rule. Therefore, this action
is not a rule as defined by the Regulatory Flexibility Act and, thus,
is exempt from the provisions of that Act.
Executive Order 13132
This rule has been reviewed under Executive Order 13132,
``Federalism.'' This rule will not have any substantial direct effect
on States, on the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, except as required by law. This rule does
not impose substantial direct compliance costs on State and local
governments. Therefore, consultation with the States was not required.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments.'' Executive Order 13175 requires Federal agencies
to consult and coordinate with tribes on a government-to-government
basis on policies that have tribal implications, including regulations,
legislative comments or proposed legislation, and other policy
statements or actions that have substantial direct effects on one or
more Indian tribes, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. CCC does not expect
this rule to have any effect on Indian tribes.
Unfunded Mandates
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L.
104-4) requires Federal agencies to assess the effects of their
regulatory actions on State, local, or Tribal governments or the
private sector. Agencies generally must prepare a written statement,
including a cost benefit analysis, for proposed and final rules with
Federal mandates that may result in expenditures of $100 million or
more in any 1 year for State, local, or Tribal governments, in the
aggregate, or to the private sector. UMRA generally requires agencies
to consider alternative methods and adopt the more cost effective or
least burdensome alternative that achieves the objectives of the rule.
This rule contains no Federal mandates under the regulatory provisions
of Title II of the Unfunded Mandates Reform Act of 1995 for State,
local, or Tribal governments, or the private sector. Therefore, this
rule is not subject to the requirements of sections 202 and 205 of
UMRA.
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 in 7 CFR Part 1484
Agricultural commodities, Exports.
For the reasons set forth in the preamble, CCC amends part 1484 of
title
[[Page 68882]]
7 of the Code of Federal Regulations as follows:
PART 1484--PROGRAMS TO HELP DEVELOP FOREIGN MARKETS FOR
AGRICULTURAL COMMODITIES
0
1. The authority citation for 7 CFR part 1484 continues to read as
follows:
Authority: 7 U.S.C. 5623, 5662-5663.
0
2. In Sec. 1484.52, revise paragraphs (b)(7) and (40) to read as
follows:
Sec. 1484.52 Reimbursement rules.
* * * * *
(b) * * *
(7) Where USDA has sponsored or endorsed a U.S. pavilion at a
retail or trade exhibit or show, whether held outside or inside the
United States, project funds may be used to reimburse the travel and/or
non-travel expenditures of only those Cooperators located within the
U.S. pavilion. Such expenditures must also adhere to the standard terms
and conditions of the U.S. pavilion organizer. Upon written request,
CCC may temporarily waive this paragraph (b)(7), on a case by case
basis, where the trade show is segregated into product pavilions, a
company's distributor or importer is located outside the U.S. pavilion,
or when a company can demonstrate that there is a benefit to being
located outside the U.S. pavilion. Such waiver will be provided to the
Cooperator in writing;
* * * * *
(40) Shipment of samples or other program materials;
* * * * *
Sec. 1484.70 [Amended]
0
3. In Sec. 1484.70(b)(1), remove the citation ``2 CFR 200.328(b)(2)''
and add in its place the citation ``2 CFR 200.329(c)(2)''.
0
4. In Sec. 1484.72(c), revise the first sentence to read as follows:
Sec. 1484.72 Evaluation.
* * * * *
(c) When required by CCC, a Cooperator shall complete a program
evaluation. * * *
* * * * *
Sec. 1484.79 [Amended]
0
5. In Sec. 1484.79(a), remove the citation ``2 CFR 200.331'' and add
in its place the citation ``2 CFR 200.332''.
0
6. In Sec. 1484.81, revise paragraphs (a) introductory text, (a)(1),
and (b)(2) to read as follows:
Sec. 1484.81 Suspension and termination of agreements.
(a) An agreement or subaward may be suspended or terminated in
accordance with 2 CFR 200.339 or 200.340. FAS may suspend or terminate
an agreement if it determines that:
(1) One of the bases in 2 CFR 200.339 or 200.340 for termination or
suspension by FAS has been satisfied; or
* * * * *
(b) * * *
(2) Must comply with any closeout and post-closeout procedures
specified in the agreement and 2 CFR 200.344 and 200.345.
Robert Ibarra,
Executive Vice President, Commodity Credit Corporation.
In concurrence with:
Daniel Whitley,
Administrator, Foreign Agricultural Service.
[FR Doc. 2021-25984 Filed 12-3-21; 8:45 am]
BILLING CODE 3410-10-P
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