[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 8836-8837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4430]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR PART 1499

RIN 0551-0035


Foreign Donation of Agricultural Commodities

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends regulations governing procedures for 
procuring ocean transportation for agricultural commodities provided 
under section 416(b) of the Agricultural Act of 1949 and the Food for 
Progress Act of 1985. These changes are consistent with the procedures 
applicable to title I of the Agricultural Trade Development and 
Assistance Act of 1954 (P.L. 480).

DATES: This interim rule is effective February 23, 1998. Comments must 
be received in writing by April 24, 1998 to be assured of 
consideration.

ADDRESSES: Send comments to the Director, Commodity Credit Corporation, 
Program Support Division, Foreign Agricultural Service, United States 
Department of Agriculture, 1400 Independence Avenue, S.W., Stop 1031, 
Washington, D.C. 20250-1031; telephone (202) 720-3573.

FOR FURTHER INFORMATION CONTACT: Ira Branson, Director, Commodity 
Credit Corporation Program Support Division, Foreign Agricultural 
Service, United States Department of Agriculture, 1400 Independence 
Avenue, S.W., Stop 1031, Washington, D.C. 20250-1031; telephone (202) 
720-3573.

SUPPLEMENTARY INFORMATION: This interim rule is issued in conformance 
with Executive Order 12866. Based on information compiled by the 
Department, it has been determined that this interim rule:
    (1) Would have an annual effect on the economy of less than $100 
million;
    (2) Would not adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities;

[[Page 8837]]

    (3) Would not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency;
    (4) Would not materially alter the budgetary impact of entitlement, 
grants, user fees, or loan programs or rights and obligations of 
recipients thereof; and
    (5) Would not raise novel legal or policy issues arising out of 
legal mandates, the President's priorities, or principles set forth in 
Executive Order 12866.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this interim rule since CCC is not required by 5 U.S.C. 
553 or any other provision of law to publish a notice of rulemaking 
with respect to the subject matter of this interim rule.

Paperwork Reduction Act

    This interim rule does not contain any information collection 
requirements that require OMB approval under the provisions of the 
Paperwork Reduction Act.

Executive Order 12372

    This interim rule is not subject to the provisions of 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 46 FR 29115 (June 24, 1983).

Executive Order 12988

    This interim rule has been reviewed under the Executive Order 
12988, Civil Justice Reform. The interim rule would have pre-emptive 
effect with respect to any state or local laws, regulations, or 
policies which conflict with such provisions or which otherwise impede 
their full implementation. The interim rule would not have retroactive 
effect. Administrative proceedings are not required before parties may 
seek judicial review.
    In accordance with section 416(b) of the Agricultural Act of 1949, 
7 U.S.C. 1431(b), (``section 416(b)'') and the Food for Progress Act of 
1985, 7 U.S.C. 1736o, (``FFP''), Commodity Credit Corporation (``CCC'') 
donates agricultural commodities overseas to meet food needs and to 
support economic development efforts in foreign countries. The 
recipient of a donation, commonly referred to as a ``cooperating 
sponsor,'' is required to contract for the ocean transportation of the 
donated commodities. Current regulations governing section 416(b) and 
FFP require cooperating sponsors to follow certain procedures when 
contracting for ocean transportation of bulk cargoes and non-liner 
shipments of packaged commodities that parallel procedures required 
under title I of the Agricultural Trade Development and Assistance Act 
of 1954, (Pub. L. 480). The Pub. L. 480 Operations Division, Export 
Credits, Foreign Agricultural Service, has the responsibility of 
overseeing the contracting process for all these programs.
    On October 10, 1997, CCC published a final rule applicable to title 
I, Pub. L. 480 at 7 CFR part 17 that changed certain requirements 
regarding the procedures for contracting for ocean transportation of 
bulk cargoes and non-liner shipments of packaged commodities and also 
reorganized part 17 (62 FR 52929). The purpose of this interim rule is 
to amend the regulations applicable to section 416(b) and FFP to be 
consistent with the new title I, P.L. 480 requirements. In particular, 
the interim rule deletes the prohibition in Sec. 1499.8(b)(4) against 
``clarification or submission of additional information'' under 
competitive freight invitations for bids and updates a cross reference 
to the title I, Pub. L. 480 regulations regarding information and 
certifications required from prospective shipping agents. Public 
participation in these rule changes is unnecessary because the changes 
were the subject of public comments during the title I, Pub. L. 480 
rule-making process. Also, any delay in promulgating these changes may 
delay implementation of these foreign assistance programs this fiscal 
year. For these reasons, CCC is promulgating this rule as an interim 
rule, effective on publication. However, comments on the provisions of 
this regulation are invited. CCC will consider all comments received 
and may make changes based on the comments received.

List of Subjects in 7 CFR Part 1499

    Agricultural commodities, Exports, Foreign aid.
    Accordingly, CCC proposes to amend 7 CFR part 1499 as follows:

PART 1499--FOREIGN DONATION PROGRAMS

    1. The authority citation for part 1499 continues to read as 
follows:

    Authority: 7 U.S.C. 1431(b); 7 U.S.C. 1736o; E.O. 12752.

    2. In Sec. 1499.8, paragraph (b)(4) is amended by revising the 
first sentence to read as follows:


Sec. 1499.8  Ocean transportation.

* * * * *
    (b) * * *
    (4) In the case of shipments of bulk commodities and non-liner 
shipments of packaged commodities, the Cooperating Sponsor shall open 
offers in public in the United States at the time and place specified 
in the invitation for bids and consider only offers that are responsive 
to the invitation for bids without negotiation. * * *
* * * * *


Sec. 1499.8  [Amended]

    3. In Sec. 1499.8, paragraph (c)(2) is amended by removing ``7 CFR 
17.5'' and adding, in its place, ``7 CFR 17.4''.

    Signed at Washington, DC on November 20, 1997.
Christopher E. Goldthwait,
General Sales Manager, FAS, and Vice President, Commodity Credit 
Corporation.
[FR Doc. 98-4430 Filed 2-20-98; 8:45 am]
BILLING CODE 3410-10-M