Federal Register Notices
[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]
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.
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 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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