[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Rules and Regulations]
[Pages 24205-24206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12055]



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Rules and Regulations
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Federal Register / Vol. 61, No. 94 / Tuesday, May 14, 1996 / Rules 
and Regulations

[[Page 24205]]



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: Final rule.

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SUMMARY: The Commodity Credit Corporation (CCC) is adopting as a final 
rule the provisions of the proposed rule published January 10, 1996, 
(61 FR 704) regarding implementation of the Market Promotion Program 
(MPP) authorized by Section 203 of the Agricultural Trade Act of 1978, 
7 U.S.C. 5623. Specifically, this rule extends 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 of 
time is extended from 30 days to 4 months. This change eases 
administrative requirements by affording program participants 
additional time to obtain invoices and other documentation which 
supports the completion of overseas market development activities.

EFFECTIVE DATES: May 14, 1996.

FOR FURTHER INFORMATION CONTACT: Sharon McClure or Denise Fetters at 
(202) 720-5521.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule is issued in conformance with Executive Order 
12866. Based on information compiled by the Department, it has been 
determined that this 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 of 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 final 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 final rule does not impose any new reporting or record keeping 
requirements. The information collection requirements for 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 final 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 final rule has been reviewed under the Executive Order 12778, 
Civil Justice Reform. The 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 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 completely pay for approved 
activities not later than 30 days following the end of a participant's 
activity plan year in order to receive reimbursement, 7 CFR 
Sec. 1485.16(h)(3). As a result of these discussions, CCC published a 
proposed rule on January 10, 1996, to amend the current requirement in 
7 CFR Sec. 1485.16(h).

General Comments

    The public was given 30 days to submit written comments on the 
proposed rule. During this period, CCC received 5 letters from 
nonprofit U.S. trade organizations. All commenters strongly supported 
the proposed rule which would allow 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. The proposed rule is adopted as final. Since this final removes a 
restriction, it is being made effective upon publication in the Federal 
Register.

List of Subjects in 7 CFR Part 1485

    Agricultural commodities, Exports.

    Accordingly, 7 CFR Part 1485 is amended to read as follows:

[[Page 24206]]

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 were transferred to pay for the activity within 4 
months following the end of the activity plan year.

    Signed at Washington, D.C. on May 8, 1996.
Timothy J. Galvin,
Acting Administrator, Foreign Agricultural Service and Vice President, 
Commodity Credit Corporation.
[FR Doc. 96-12055 Filed 5-13-96; 8:45 am]
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