Rule2021-25985
Grant Agreements for the Development of Foreign Markets for U.S. 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 USDA regulations on Grant Agreements for the Development of Foreign Markets for U.S. Agricultural Commodities ("MAP regulation") to make technical corrections to reflect the revised OMB regulations. This final rule also makes several minor changes to the MAP regulation to modify the timing of the evaluation provision, add one additional exemption for a USA Pavilion waiver request, clarify the market representation in the contracting procedures provision, and add certain flexibilities to the origin statement and 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 68882-68884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25985]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1485
Grant Agreements for the Development of Foreign Markets for U.S.
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
USDA regulations on Grant Agreements for the Development of Foreign
Markets for U.S. Agricultural Commodities (``MAP regulation'') to make
technical corrections to reflect the revised OMB regulations. This
final rule also makes several minor changes to the MAP regulation to
modify the timing of the evaluation provision, add one additional
exemption for a USA Pavilion waiver request, clarify the market
representation in the contracting procedures provision, and add certain
flexibilities to the origin statement and 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#52312720267c333e2612272136337c353d24"><span class="__cf_email__" data-cfemail="c0a3b5b2b4eea1acb480b5b3a4a1eea7afb6">[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 MAP regulation, 7 CFR part 1485, refers
to 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, adds one additional
exemption for a USA Pavilion waiver request, clarifies the market
representation in the contracting procedures provision, and adds
certain flexibilities to the origin statement and sample shipment
requirements.
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: 10.601, Market Access 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,
[[Page 68883]]
and equity). Executive Order 13563 emphasized the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and 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 1485
Agricultural commodities, Exports.
For the reasons set forth in the preamble, CCC amends part 1485 of
title 7 of the Code of Federal Regulations as follows:
PART 1485--GRANT AGREEMENTS FOR THE DEVELOPMENT OF FOREIGN MARKETS
FOR U.S. AGRICULTURAL COMMODITIES
0
1. The authority citation for 7 CFR part 1485 continues to read as
follows:
Authority: 7 U.S.C. 5623, 5662-5663.
0
2. In Sec. 1485.15, revise paragraph (c)(6) to read as follows:
Sec. 1485.15 Operational procedures for brand programs.
* * * * *
(c) * * *
(6) Require: That all product labels, promotional material, and
advertising will identify the origin of the eligible commodity as
``American,'' ``Product of the United States of America,'' ``Product of
the U.S.,'' ``Product of the U.S.A.,'' ``Product of America,'' ``Grown
in the United States of America,'' ``Grown in the U.S.,'' ``Grown in
the U.S.A.,'' ``Grown in America,'' ``Made in the United States of
America,'' ``Made in the U.S.,'' ``Made in the U.S.A.,'' ``Made in
America,'' or product of, grown in, or made in any state or territory
of the United States of America spelled out in its entirety, or other
U.S. regional designation if approved in advance by CCC; that such
origin identification will be conspicuously displayed in a manner
easily observed as identifying the origin of the product; and that such
origin identification will conform, to the extent possible, to the U.S.
standard of \1/6\ inch (.42 centimeters) in height based on the lower
case letter ``o.'' The use of these terms as a descriptor or in the
name of the product (e.g., Texas style chili, Bob's American Pizza)
does not satisfy the product origin requirement. Phrases ``product
of,'' ``grown in,'' or ``made in'' are encouraged, but not required. A
MAP Participant that wishes to use an origin statement that varies from
those set out in this subsection must submit the proposed statement to
CCC for review and must receive approval to use the statement before
its
[[Page 68884]]
use in an activity. A MAP Participant may request an exemption from
this requirement on a case by case basis. All such requests shall be in
writing and include justification satisfactory to CCC that this
labeling requirement would hinder a MAP Participant's promotional
efforts. CCC will determine, on a case by case basis, whether
sufficient justification exists to grant an exemption from the labeling
requirement. In addition, CCC may temporarily waive this requirement
where CCC has determined that such labeling will likely harm sales
rather than help them. Such determinations will be announced to MAP
Participants via a program notice issued on FAS' website;
* * * * *
0
3. In Sec. 1485.17, revise paragraphs (b)(4) and (18) to read as
follows:
Sec. 1485.17 Reimbursement rules.
* * * * *
(b) * * *
(4) In-store and food service promotions, product demonstrations to
the trade and to consumers, and distribution of product samples (but
not the purchase of the product samples), including shipment of samples
or other program materials;
* * * * *
(18) Where USDA has sponsored or endorsed a U.S. pavilion at a
retail, trade, or consumer exhibit or show, whether held outside or
inside the United States, MAP funds may be used to reimburse the travel
and/or non-travel expenditures of only those MAP Participants 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)(18), 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 MAP Participant in writing; and
* * * * *
Sec. 1485.22 [Amended]
0
4. In Sec. 1485.22(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
5. In Sec. 1485.23(b), revise the first sentence to read as follows:
Sec. 1485.23 Evaluation.
* * * * *
(b) When required by CCC, a MAP Participant shall complete a
program evaluation. * * *
* * * * *
Sec. 1485.29 [Amended]
0
6. In Sec. 1485.29(d)(5), remove the word ``in-country'' everywhere it
appears and add in its place ``market''.
Sec. 1485.34 [Amended]
0
7. In Sec. 1485.34(a), remove the citation ``2 CFR 200.331'' and add
in its place the citation ``2 CFR 200.332''.
0
8. In Sec. 1485.36, revise paragraphs (a) introductory text, (a)(1),
and (b)(2) to read as follows:
Sec. 1485.36 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. 2021-25985 Filed 12-3-21; 8:45 am]
BILLING CODE 3410-10-P
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