[Federal Register Volume 68, Number 215 (Thursday, November 6, 2003)]
[Rules and Regulations]
[Pages 62731-62732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27962]



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  Federal Register / Vol. 68, No. 215 / Thursday, November 6, 2003 / 
Rules and Regulations  

[[Page 62731]]



DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

7 CFR Part 1580

RIN 0551-AA66


Trade Adjustment Assistance for Farmers

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Technical amendments.

-----------------------------------------------------------------------

SUMMARY: This final rule makes technical corrections to the final rule 
published on August 20, 2003, implementing the Trade Adjustment 
Assistance for Farmers (TAA) program.

DATES: Effective on November 6, 2003.

FOR FURTHER INFORMATION CONTACT: Richard Blabey, Director, Import 
Policies and Programs Division, Foreign Agricultural Service, 1400 
Independence Avenue, SW., STOP 1021, by e-mail at: 
[email protected], telephone (202) 720-2916, or fax at 
(202) 720-0876.

SUPPLEMENTARY INFORMATION: A final rule implementing the TAA program 
was published on August 20, 2003 (60 FR 50048). The rule, which is 
codified at 7 CFR part 1580, implements Chapter 6 of Title II of the 
Trade Act of 1974, as amended by subtitle C of Title I of the Trade Act 
of 2002 (Pub. Law 107-210) (19 U.S.C. 2551, et seq.) (the Trade Act).
    As published, the final rule contained four technical errors or 
inadvertent omissions. The corrections being made are described as 
follows:
    Section 1580.102 of the regulation defines certification date to 
mean ``the date on which the Administrator announces in the Federal 
Register or by Department news release, whichever comes first, a 
certification of eligibility to apply for adjustment assistance.'' 
Section 293(a) of the Trade Act states: ``Each certification shall 
specify the date on which eligibility under this chapter begins.'' The 
Trade Act authorizes the Department to announce for each certification 
the date on which eligibility begins not restricted to the date of the 
Federal Register notice. Therefore, this flexibility to announce an 
eligibility date other than the date of publication in the Federal 
Register, as currently provided for in the rule, will be made available 
to the Administrator.
    Section 1580.203(a)(1) of the regulation states, as a condition for 
adjustment assistance: ``The national average price for the 
agricultural commodity for the marketing year under review is equal to 
or less than 80 percent of the average of the national average prices 
for the 5 marketing years preceding the most recent marketing year.'' 
Section 292(c)(1) of the Trade Act states, as a condition for 
adjustment assistance: ``that the national average price for the 
agricultural commodity * * * produced by the group for the most recent 
marketing year for which the national average price is available is 
less than 80 percent of the average of the national average price for 
such agricultural commodity * * * for the 5 marketing years preceding 
the most recent marketing year.'' To be consistent with the Trade Act, 
the Administrator shall certify initial petitions for TAA only when the 
national average price is less than 80 percent of the average price for 
the commodity for the 5 preceding marketing years.
    Section 1580.302(e) of the regulation states: ``Producers shall be 
entitled to employment services and training benefits under trade 
adjustment assistance for workers managed by the U.S. Department of 
Labor.'' Section 296(d) of the Trade Act states: ``An agricultural 
commodity producer entitled to receive a cash benefit under this 
chapter * * * (2) shall be entitled to employment services and training 
benefits under part II of subchapter B of chapter 2.'' The Trade Act 
authorizes Department of Labor employment services and training 
benefits to producers entitled to receive a cash benefit. The final 
rule offers these services and benefits to all TAA applicants. To be 
consistent with the Trade Act, employment services and training 
benefits will be available only to those TAA applicants who are 
eligible for cash benefits.
    Section 1580.303(d) of the regulation states: ``The total amount of 
payments made under this part to a person during any fiscal year when 
considered with the total amount of counter-cyclical payments made in 
accordance with part 1412 of this title for a corresponding crop year 
shall not exceed $65,000 per fiscal year, as determined by the 
Administrator.'' Section 296(a)(2)(B) of the Trade Act states: ``The 
total amount of payments made to an agricultural producer under this 
chapter during any crop year may not exceed the limitation on counter-
cyclical payments set forth in section 1001(c) of the Food Security Act 
of 1985.'' The Trade Act applies the $65,000 counter-cyclical payment 
limitation on a crop year basis. The final rule applies the $65,000 
limitation on a fiscal year basis. To be consistent with section 
1001(c) of the Food Security Act of 1985, the $65,000 TAA counter-
cyclical payment limitation will be imposed on a crop year basis.

Corrections to the Final Rule

0
Accordingly, FR Rule Doc. No. 03-21338, as published at 68 FR 50048, 
August 20, 2003, is corrected by revising sections 1580.102, 
1580.203(a)(1), 1580.302(e) and 1580.303(d) to read as follows:

PART 1580--[CORRECTED]

0
1. The authority citation for part 1580 continues to read as follows:

    Authority: 19 U.S.C. 2401.


Sec.  1580.102  [Corrected]

0
2. In Sec.  1580.102, on page 50050, in the second column, the 
definition for ``Certification date'' is revised as follows:
* * * * *
    Certification date means the effective date on which the 
Administrator announces in the Federal Register or by Department news 
release a certification of eligibility to apply for adjustment 
assistance.
* * * * *

0
3. Section 1580.203(a)(1), on page 50051, in the second column, is 
revised as follows:


Sec.  1580.203  Determination of eligibility and certification by the 
Administrator.

* * * * *
    (a) * * *
    (1) The national average price for the agricultural commodity for 
the

[[Page 62732]]

marketing year under review is less than 80 percent of the average of 
the national average prices for the 5 marketing years preceding the 
most recent marketing year, and
* * * * *

0
4. Section 1580.302(e), on page 50052, in the first column, is revised 
to read as follows:


Sec.  1580.302  Technical assistance and services.

* * * * *
    (e) Producers that furnish all certifications required under Sec.  
1580.301(e) shall be entitled to employment services and training 
benefits under trade adjustment assistance for workers managed by the 
Department of Labor.
* * * * *

0
5. Section Sec.  1580.303(d), on page 50052, in the second column, is 
revised to read as follows:


Sec.  1580.303  Adjustment Assistance Payments.

* * * * *
    (d) The total amount of payments made under this part to a person 
during any crop year when considered with the total amount of counter-
cyclical payments made in accordance with part 1412 of this title for a 
corresponding crop year shall not exceed $65,000 per crop year, as 
determined by the Administrator.
* * * * *

    Signed at Washington, DC on October 27, 2003.
A. Ellen Terpstra,
Administrator, Foreign Agricultural Service.
[FR Doc. 03-27962 Filed 11-5-03; 8:45 am]
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