[Federal Register: December 3, 2008 (Volume 73, Number 233)]
[Proposed Rules]
[Page 73617-73618]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de08-13]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1487
RIN 0551-AA71
Technical Assistance for Specialty Crops
AGENCY: Foreign Agricultural Service and Commodity Credit Corporation,
USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would amend the regulations used to
administer the Technical Assistance for Specialty Crops (TASC) program
by increasing the amount of funding per proposal to $500,000 in a given
year, extending the allowable length of an activity to 5 years; and by
allowing up to five approved projects for any one TASC participant at
any given time.
DATES: Comments concerning this proposed rule must be received by
January 2, 2009 to be assured consideration.
ADDRESSES: Comments may be submitted by any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
E-Mail: ppsadmin@fas.usda.gov.
Fax: (202) 720-9361.
Hand Delivery or Courier: U.S. Department of Agriculture,
Foreign Agricultural Service, Program Policy Staff, Portals Office
Building, Suite 400, 1250 Maryland Ave., SW., Washington, DC 20024.
U.S. Postal Delivery: U.S. Department of Agriculture,
Foreign Agricultural Service, Program Policy Staff, Stop 1023, 1400
Independence Ave., SW., Washington, DC 20250-1042.
Comments may be inspected in Suite 400, Portals Building, 1250
Maryland Avenue, SW., Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. A copy of this proposed rule is
available through the FAS home page at http://www.fas.usda.gov/mos/
programs/TASC.asp.
FOR FURTHER INFORMATION CONTACT: Mark Slupek at (202) 720-4327, fax at
(202) 720-9361, or by e-mail at: ppsadmin@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
This proposed rule changes three existing TASC limitations. 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 from three to five that a TASC participant can have
underway at any given time. These changes are consistent with the
Administration's position regarding the TASC program.
Executive Order 12866
This proposed 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 was reviewed by the Office of Management and
Budget (OMB). A cost-benefit 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
FAS 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
FAS has determined that this proposed 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 part 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 proposed rule, Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) does not apply to this
rule. CCC is not
[[Page 73618]]
required by 5 U.S.C. 553 or any other law to publish a notice of
proposed 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, FAS has
previously received approval from the Office of Management and Budget
(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
FAS 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.
For the reasons set out in the preamble, under the authority of 5
U.S.C. 553; 15 U.S.C. 714b and 714c, 7 CFR part 1487 is proposed to be
amended as follows:
PART 1487--TECHNICAL ASSISTANCE FOR SPECIALTY CROPS
1. The authority citation for part 1487 continues to read as
follows:
Authority: Section 3205 of Public Law 107-171.
2. Revise Sec. 1487.4 to read as follows:
Sec. 1487.4 Are there any limits on the scope of proposals?
(a) Funding cap. TASC 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 five years. The five years do not
need to be consecutive.
(c) Target countries. Proposals may target all export markets,
including single countries or reasonable regional groupings of
countries.
(d) Multiple proposals. Applicants may submit multiple proposals,
but no TASC participant may have more than five approved projects
underway at any given time.
3. Amend Sec. 1487.6 by revising paragraph (b) to read as follows:
Sec. 1487.6 What are the criteria for evaluating proposals?
* * * * *
(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 Sec. 1487.8 by revising paragraph (a)(4) to read as
follows:
Sec. 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 three 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.
* * * * *
Dated: November 19, 2008.
Michael W. Yost,
Executive Vice President, Commodity Credit Corporation, and
Administrator, Foreign Agricultural Service.
[FR Doc. E8-28613 Filed 12-2-08; 8:45 am]
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