[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Rules and Regulations]
[Pages 70811-70812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29249]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1405
RIN 0560-AI00
Commodity Assessments; Loans, Purchases, and Other Operations
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule; technical amendment.
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SUMMARY: The Commodity Credit Corporation (CCC) is amending regulations
as required by the Food, Conservation, and Energy Act of 2008 (the 2008
Farm Bill) to remove a provision concerning CCC fees for administrative
costs to collect commodity assessments. The 2008 Farm Bill prohibits
CCC from collecting these fees. As a result of this amendment, CCC,
rather than States or commodity associations, will absorb the
administrative costs of implementing and modifying commodity assessment
collections.
DATES: Effective Date: November 19, 2010.
FOR FURTHER INFORMATION CONTACT: Frankie Coln, Price Support Division,
Farm Service Agency (FSA), U.S. Department of Agriculture (USDA), Mail
Stop 0512, 1400 Independence Avenue, SW., Washington, DC 20250-0512;
telephone (202) 720-9011; fax (202) 690-3307; e-mail,
[email protected].
Persons with disabilities who require alternative means for
communication (Braille, large print, audiotape, etc.) should contact
the USDA Target Center at 202-720-2600 (voice and TDD).
SUPPLEMENTARY INFORMATION: Section 1616 of the 2008 Farm Bill (Pub. L.
110-246) prohibits CCC from charging any fee or related cost for the
collection of commodity assessments. Therefore, this rule removes a
provision relating to such fees. CCC has already implemented this
policy and is not charging such fees.
Many States charge assessments on commodities marketed in that
State and use the assessment to fund State level agricultural promotion
activities. CCC has agreements with States to collect the assessments.
When authorized by State law, CCC deducts the assessment from the
proceeds of a Marketing Assistance Loan (MAL) on behalf of the State.
In the past, CCC has charged fees to cover the administrative costs of
collecting the assessment, including costs to modify the rate of the
assessment or to develop the automation software to begin the
collection of a newly mandated commodity assessment. The agreement
between CCC and the States has required the States to indemnify CCC for
the administrative costs of collecting the assessments.
CCC will continue to collect commodity assessments as part of the
MAL program, but is no longer charging fees for the administrative
costs. Therefore, the cost to MAL customers for CCC's administration of
commodity assessments has decreased to zero. CCC estimates that this
will save producers, their marketing associations, and the States about
$15,000 per year.
Notice and Comment
These regulations are exempt from the notice and comment
requirements of the Administrative Procedures Act (5 U.S.C. 553), as
specified in section 1601(c) of the 2008 Farm Bill, which requires that
the regulations be promulgated and administered without regard to the
notice and comment provisions of Section 553 of title 5 of the United
States Code or the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 FR 13804) relating to notices of proposed
rulemaking and public participation in rulemaking.
Executive Order 12866
This final rule has been designated as not significant under
Executive Order 12866 and has not been reviewed by the Office of
Management and Budget.
Regulatory Flexibility Act
This rule is not subject to the Regulatory Flexibility Act since
CCC is not required to publish a notice of proposed rulemaking for this
rule.
Environmental Evaluation
The environmental impacts of this rule have been considered in a
manner consistent with the provisions of the National Environmental
Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council
on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations
for compliance with NEPA (7 CFR part 799). The change to the
regulations
[[Page 70812]]
removing a provision concerning CCC fee collection for administrative
costs of implementing or modifying commodity assessment collections, as
required by the 2008 Farm Bill, that are identified in this Final Rule
is solely administrative. Therefore, FSA has determined that NEPA does
not apply to this Final Rule and no environmental assessment or
environmental impact statement will be prepared.
Executive Order 12372
This program is not subject to Executive Order 12372, which
requires consultation with State and local officials. See the notice
related to 7 CFR part 3015, subpart V, published in the Federal
Register on June 24, 1983 (48 FR 29115).
Executive Order 12988
This rule has been reviewed under Executive Order 12988. This final
rule is not retroactive and it does not preempt State or local laws,
regulations, or policies unless they present an irreconcilable conflict
with this rule. Before any judicial action may be brought regarding the
provisions of this rule the administrative appeal provisions of 7 CFR
parts 11 and 780 must be exhausted.
Executive Order 13132
The policies contained in this rule do not have any substantial
direct effect on States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose substantial direct compliance costs on state and local
governments. Therefore, consultation with the States is not required.
Executive Order 13175
The policies contained in this rule do not have tribal implications
that preempt tribal law.
Unfunded Mandates
This rule contains no Federal mandates under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) for State, local, or tribal governments, or the private sector.
In addition, CCC was not required to publish a notice of proposed
rulemaking for this rule. Therefore, this rule is not subject to the
requirements of sections 202 and 205 of UMRA.
Paperwork Reduction Act
These regulations are exempt from the requirements of the Paperwork
Reduction Act (44 U.S.C. Chapter 35), as specified in section
1601(c)(2)(a) of the 2008 Farm Bill, which provides that these
regulations, which are necessary to implement title I of the 2008 Farm
Bill, be promulgated and administered without regard to the Paperwork
Reduction Act.
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.
List of Subjects in 7 CFR part 1405
Loan programs--agriculture, Price support programs.
0
For the reasons set out above, CCC amends 7 CFR part 1405 as follows:
PART 1405--LOANS, PURCHASES, AND OTHER OPERATIONS
0
1. The authority will continue to read as follows:
Authority: 7 U.S.C. 1515; 7 U.S.C. 7416a; 7 U.S.C. 7991(e); 15
U.S.C. 714b and 714c.
Sec. 1405.9 [Amended]
0
2. Amend Sec. 1405.9, in paragraph (c)(1), by removing the words ``and
for administrative costs'', and adding, in their place, the words ``but
not for administrative costs''.
Signed in Washington, DC, on November 15, 2010.
Jonathan Coppess,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2010-29249 Filed 11-18-10; 8:45 am]
BILLING CODE 3410-05-P