[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)] [Rules and Regulations] [Pages 15363-15364] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-8093] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 9 CFR Part 205 RIN 0580-AA50 Clear Title--Protection for Purchasers of Farms Products AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document makes final an interim rule amending regulations relating to the establishment and management of statewide central filing systems as they pertain specifically to the filing of ``effective financing statements'' for ``farm products'' as defined in section 1324 of the Food Security Act of 1985 (7 U.S.C. 1631) by allowing electronic filing of effective financing statements without the prior signature of the debtor provided State law authorizes such a filing. The interim rule brought the regulations into conformity with Sections 662 and 663 of the Federal Agriculture Improvement and Reform Act of 1996. EFFECTIVE DATE: October 22, 1996. FOR FURTHER INFORMATION CONTACT: Gerald E. Grinnell, Industry Analysis Staff, Packers and Stockyards Programs, Grain Inspection, Packers and Stockyards Administration, STOP 3647, Room 3052, South Building, 1400 Independence Avenue S.W., Washington, D.C. 20250-3647, (202) 720-7455. Kimberly D. Hart, Esquire, Trade Practices Division, Office of the General Counsel, STOP 1413, Room 2430, South Building, 1400 Independence Avenue S.W., Washington, D.C. 20250-1413, (202) 720-8160. SUPPLEMENTARY INFORMATION: Background An interim rule was published in the Federal Register on October 22, 1996 (61 FR 54727) which allows electronic filing of effective financing statements without the signature of the debtor provided State law authorizes such a filing. The interim rules also allows States to distribute the master list by electronic means if requested by registrants. Section 1324 of the Food Security Act of 1985 (Pub. L. 99-198) (7 U.S.C. 1631) (hereinafter ``the Act'') provides that certain persons may be subject to a security interest in a farm product created by the seller under certain circumstances in which a lender files an ``effective financing statement'' with the ``system operator'' in a State which has a certified central filing system as defined by the Act. The Act requires the Secretary of Agriculture to prescribe regulations ``to aid States in the implementation and management of a central filing system.'' The Grain Inspection, Packers and Stockyards Administration was delegated with the Secretary's responsibilities under the Act. Those regulations (9 CFR 205) were published on August 18, 1986 (51 FR 29450). The Secretary's authority and responsibility under the Act is limited to certification and prescribing regulations to aid in the implementation and management of certified central filing systems. The Act does not give the Secretary the authority or responsibility for such matters as direct notification by secured parties, sales of and payment for products, procedures for payment or procedures for personal liability protection. Those matters are governed by State law. The Act does not contain any enforcement mechanism for noncompliance with the Act or its regulations. Section 662 of the Federal Agriculture Improvement and Reform Act of 1996 (hereinafter ``the Statute'') amended the Act and section 663 of the Statute provided that the amendment become effective upon enactment. The Act was amended because of concerns of States with certified central filing systems who desired to implement electronic filing procedures but could not because of the Act's requirement that the debtor must sign the effective financing statement. Commercial lenders also expressed concern and confusion due to the vagueness of the continuation provisions for effective financing statements included in the Act and its inconsistency with Article IX of the Uniform Commercial Code. Prior to the Act's amendment by the Statute, lenders could not electronically file effective financing statements or amendments to the effective financing statements with State certified central filing systems because such statements were required to contain the signature of the debtor which could not be transmitted electronically. The amendment contained in the Statute was intended to remedy these concerns. Section 662 of the Statute amended the Act. Section 663 of the Statute provided that the amendment become effective upon enactment. It is therefore necessary to amend the regulations to conform to the amendment to the Act. Since prior notice and other public procedures with respect to the interim rule were impracticable and contrary to the public interest under these conditions, and because the rule relieves a regulatory restriction, there was good cause under 5 U.S.C. 553 to make it effective upon publication. Comments Received Two comments were received in response to the interim rule, one from a national bankers association and the other from a State bankers association. The comments support removal of the signature requirement for effective financing statements and encourage the Department to remove the signature requirement for paper-based continuation statements. Section 205.209(d) of the regulations currently [[Page 15364]] provides that continuation statements are to be treated in the same manner as amendments to effective financing statements. The interim rule amended section 205.209(c) to allow the electronic filing of amendments to effective financing statements without the signature of the debtor. Pursuant to section 205.209(d), this change applies to electronically filed continuation statements as well. Because the purpose of this rulemaking is to implement the amendments to the Act, it does not address the commentors' request to eliminate the signature requirement for the paper-based continuation statements. We plan to address this request in a separate rulemaking. After review of the published interim rule and the comments received, we have determined that the interim rule as published at 61 FR 54727 will be adopted as the final rule. Compliance With Regulatory Requirements As set forth in the interim rule published at 61 FR 54727, this rulemaking was reviewed under and is issued in conformance with Executive Order 12866, Civil Justice Reform (formerly Executive Order 12778, now Executive Order 12988), and Regulatory Flexibility Act and Information Collection requirements. The previously approved information collection and recordkeeping requirements for 9 CFR Part 205 have been previously approved by the Office of Management and Budget under control number 0580-0016. List of Subjects in 9 CFR Part 205 Agriculture, Central filing system. PART 205--CLEAR TITLE--PROTECTION FOR PURCHASERS OF FARM PRODUCTS Accordingly, the interim rule amending 9 CFR Part 205 which was published at 61 FR 54727 on October 22, 1996, is adopted as a final rule without change. Dated: March 28, 1997. James R. Baker, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 97-8093 Filed 3-31-97; 8:45 am] BILLING CODE 3410-EN-P