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contains regulatory documents having general

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Rules and Regulations Federal Register

22089 

Vol. 74, No. 90 

Tuesday, May 12, 2009 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1487 

RIN 0551–AA71 

Technical Assistance for Specialty 

Crops 

AGENCY: Foreign Agricultural Service 

(FAS) and Commodity Credit 

Corporation (CCC), USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

regulations to incorporate changes into 

three existing Technical Assistance for 

Specialty Crops (TASC) provisions. 

First, it increases the funding cap on 

individual proposals from $250,000 to 

$500,000 per year. Second, it increases 

the maximum duration of an activity 

from 3 years to 5 years. Finally, it 

increases the number of approved 

projects that a TASC participant can 

have underway at any given time, from 

three to five. The rule also makes other 

minor administrative changes to two 

other provisions for clarity. 

DATE: Effective Date: June 11, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mark Slupek at (202) 720–1169, fax at 

(202) 720–9361, or by email at: 

podadmin@fas.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule amends the regulations 

at 7 CFR part 1487 applicable to the 

TASC program. The Farm Security and 

Rural Investment Act of 2002, which 

was reauthorized by the Food, 

Conservation, and Energy Act of 2008, 

directs CCC to establish a program to 

provide mandatory funding to assist 

U.S. organizations with funding for 

projects that address sanitary, 

phytosanitary, and technical barriers 

that prohibit or threaten the export of 

U.S. specialty crops. FAS, which 

administers the TASC program, 

provides grant funds as direct assistance 

to U.S. organizations. 

Executive Order 12866 

This rule is issued in conformance 

with Executive Order 12866. It has been 

determined to be not significant for the 

purposes of Executive Order 12866 and 

has not been reviewed by the Office of 

Management and Budget (OMB). A costbenefit assessment of this rule was not 

completed. 

Executive Order 12988 

This rule has been reviewed in 

accordance with Executive Order 12988. 

This rule would preempt State laws to 

the extent such laws are inconsistent 

with it. This rule would not be 

retroactive. 

Executive Order 12372 

This program is not subject to 

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 48 FR 29115 (June 24, 

1983). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because CCC is not 

required by 5 U.S.C. 553 or any other 

law to publish a notice of proposed 

rulemaking with respect to the subject 

matter of this rule. 

Environmental Assessment 

CCC has determined that this rule 

does not constitute a major State or 

Federal action that would significantly 

affect the human or natural environment 

consistent with the National 

Environmental Policy Act (NEPA), 40 

CFR 1502.4, major Federal actions 

requiring the preparation of 

Environmental Impact Statements, and 

Compliance with NEPA implementing 

the regulations of the Council on 

Environmental Quality, 40 CFR parts 

1500–1508. Therefore, no 

environmental assessment or 

environmental impact statement will be 

prepared. 

Unfunded Mandates 

Although CCC is publishing this as a 

final rule, Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

does not apply to this rule because CCC 

is not required by 5 U.S.C. 553 or any 

other law to publish a final rulemaking 

for the subject of this rule. Further, this 

rule contains no unfunded mandates as 

defined in sections 202 and 205 of 

UMRA. Nor does this rule potentially 

affect small governments or contain 

significant Federal intergovernmental 

mandates. 

Paperwork Reduction Act of 1995 

In accordance with the Paperwork 

Reduction Act of 1995, CCC has 

previously received approval from OMB 

with respect to the information 

collection required to support this 

program. The information collection is 

described below: 

Title: Technical Assistance for 

Specialty Crops. 

OMB Control Number: 0551–0038. 

E-Government Act Compliance 

CCC is committed to complying with 

the E-Government Act to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services and for other purposes. The 

forms, regulations, and other 

information collection activities 

required to be utilized by a person 

subject to this rule are available at 

http://www.fas.usda.gov. 

List of Subjects in 7 CFR Part 1487 

Agricultural commodities, Exports, 

Specialty crops. 

Summary and Analysis of Comments 

CCC published a rule in the Federal 

Register (73 FR 73617, Dec. 3, 2008) 

proposing three changes to the 

regulations which govern the operations 

of the TASC program. That rule 

requested interested parties to submit 

comments by January 2, 2009. 

Following is a summary of the 

comments which specifically address 

the proposed rule and CCC’s responses 

to these comments. General comments 

relating to the value of the program, 

editorial suggestions, and nonsubstantive comments have been 

omitted. 

Increase the Funding Cap From 

$250,000 to $500,000 per Year 

CCC received six comments on this 

issue. One of the six opposed the 

increase. 


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22090 Federal Register / Vol. 74, No. 90 / Tuesday, May 12, 2009 / Rules and Regulations 

Comment: We support amending the 

regulations used to administer the TASC 

program by increasing the amount of 

funding per proposal in any given year. 

The amendment to the TASC 

regulations will make the program more 

viable and relevant in addressing 

potential and existing trade barriers. 

Comment: CCC should reconsider the 

proposed funding limitation by either 

reducing the funding limitation of 

$500,000 per project to allow for longer 

maximum durations, or by creating a 

discretionary fund to be designated 

specifically for projects extending 

beyond the maximum duration. The 

assessment of these types of 

circumstances should be based on the 

effectiveness of the project’s activities 

by the measurement in reaching 

projected goals. 

Response: Given the increase in 

program funding authorized by the 

Food, Conservation, and Energy Act of 

2008, CCC believes that increasing the 

project funding limitation will not 

constrict the number or duration of 

approved projects. Therefore, CCC is 

adopting the rule as proposed. 

Increase the Maximum Duration of an 

Activity From 3 Years to 5 Years 

CCC received six comments on this 

issue. One of the six opposed the 5-year 

limitation. 

Comment: The proposed rule change 

increasing the maximum duration of an 

activity from 3 years to 5 years should 

facilitate the efficient allocation of 

funding to the specialty crop industry 

and promote the design and 

implementation of projects that will 

benefit our industry. 

Comment: The proposed 5-year 

limitation, although appreciated, is an 

unrealistic timeline when mitigating 

phytosanitary concerns of international 

trade partners. A discretionary fund 

should be specifically created for those 

projects that extend beyond the 

maximum duration. 

Response: After 7 years of operating 

the TASC program, CCC believes that 3 

years is not a sufficient length of time 

to complete certain projects. CCC 

believes that 5 years should be sufficient 

to complete all projects, and that 

making a provision to allow for projects 

to exceed 5 years in duration is 

unnecessary. Therefore, CCC is adopting 

the rule as proposed. 

Increase the Number of Approved 

Projects From Three to Five That a 

TASC Participant Can Have Underway 

at Any Given Time 

CCC received five comments on this 

issue, all of which favored the proposed 

change. 

Comment: Allowing up to five 

approved projects for any one TASC 

participant at any given time should 

facilitate the efficient allocation of 

funding to the specialty crop industry 

and promote the design and 

implementation of projects that will 

benefit the industry. 

Response: CCC will adopt the rule as 

proposed. 

■ For the reasons set out in the 

preamble, 7 CFR part 1487 is amended 

as follows: 

Title 7—Agriculture 

PART 1487—TECHNICAL 

ASSISTANCE FOR SPECIALTY CROPS 

■ 1. The authority citation for part 1487 

continues to read as follows: 

Authority: Sec. 3205 of Pub. L. 107–171. 

■ 2. Revise § 1487.4 to read as follows: 

§ 1487.4 Are there any limits on the scope 

of proposals? 

(a) Funding cap. Proposals which 

request more than $500,000 of CCC 

funding in a given year will not be 

considered. 

(b) Length of activities. Funding will 

not be provided for projects that have 

received TASC funding for 5 years. The 

5 years do not need to be consecutive. 

(c) Target countries. Proposals may 

target all eligible export markets, 

including single countries or reasonable 

regional groupings of countries. 

(d) Multiple proposals. Applicants 

may submit multiple proposals, but no 

participant may have more than five 

approved projects underway at any 

given time. 

■ 3. Amend § 1487.6 by revising 

paragraph (b) to read as follows: 

§ 1487.6 Administration. 

* * * * * 

(b) Evaluation process. FAS will 

review all proposals for eligibility and 

completeness and will evaluate each 

proposal against the factors described in 

paragraph (a) of this section. The 

purpose of this review is to identify 

meritorious proposals, recommend an 

appropriate funding level for each 

proposal, and submit the proposals and 

funding recommendations to 

appropriate officials within FAS for 

decision. FAS may, when appropriate to 

the subject matter of the proposal, 

request the assistance of other U.S. 

government experts in evaluating the 

merits of a proposal. 

■ 4. Amend § 1487.8 by revising 

paragraph (a)(4) to read as follows: 

§ 1487.8 How are payments made? 

(a) * * * 

(4) Participants shall maintain all 

records and documents relating to TASC 

projects, including the original 

documentation which supports 

reimbursement claims, for a period of 3 

calendar years following the expiration 

or termination date of the program 

agreement. Such records and documents 

will be subject to verification by FAS 

and shall be made available upon 

request to authorized officials of the 

U.S. Government. FAS may deny a 

claim for reimbursement if the claim is 

not supported by acceptable 

documentation. 

* * * * * 

Signed at Washington, DC, on the 28th of 

April 2009. 

Patricia R. Sheikh, 

Acting Administrator, Foreign Agricultural 

Service, and Vice President, Commodity 

Credit Corporation. 

[FR Doc. E9–11053 Filed 5–11–09; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 93 

[Docket No. APHIS–2007–0095] 

RIN 0579–AC63 

Importation of Cattle From Mexico; 

Addition of Port at San Luis, AZ; 

Correction 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; correction. 

SUMMARY: We are correcting an error in 

the amendatory language in our final 

rule that added the port of San Luis, AZ, 

as a port through which cattle that have 

been infested with fever ticks or 

exposed to fever ticks or tick-borne 

diseases may be imported into the 

United States and that removed 

provisions that limit the admission of 

cattle that have been infested with fever 

ticks or exposed to fever ticks or tickborne diseases to the State of Texas. The 

final rule was published in the Federal 

Register on January 2, 2009. 

DATES: Effective Date: The effective date 

of this correction to § 93.427(b)(2) 

introductory text is delayed indefinitely. 

This delay is consistent with the 

delayed effective date of the amendment 

to § 93.427(b)(2) introductory text 

published in the Federal Register on 

January 2, 2009, at 74 FR 5–6. APHIS 

will publish a document announcing an 

effective date for this correction in the 

Federal Register. 


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