[Federal Register Volume 69, Number 160 (Thursday, August 19, 2004)]
[Proposed Rules]
[Page 51404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19007]


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AGENCY FOR INTERNATIONAL DEVELOPMENT

22 CFR Part 211

[A.I.D. Reg 11]
RIN 0412-AA54


Transfer of Food Commodities for Use in Disaster Relief, Economic 
Development and Other Assistance

AGENCY: Agency for International Development.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The USAID Office of Food for Peace proposes to amend and 
update 22 CFR part 211, the primary regulatory document governing the 
transfer of commodities to non-governmental organizations under Title 
II of the Agricultural Trade Development and Assistance Act of 1954. 
The purpose of rewriting this regulation is to bring the rule in line 
with legislative changes made in both the 1996 and 2002 Farm Bills, 
(Farm Security and Rural Investment Act of 2002, and Federal 
Agriculture Improvement and Reform Act of 1996), as well as to update 
the overall financial and programmatic procedural and reporting 
requirements. Changes are expected to update and clarify standard 
operating procedures, resulting in more efficient and streamlined 
management of Title II programs.

DATES: Submit comments on or before September 18, 2004.

ADDRESSES: Mail or hand deliver comments to Lisa Witte, USAID/DCHA/FFP, 
1300 Pennsylvania Avenue, NW., Rm. 7.06-102; Washington, DC 20523. 
Telephone: (202) 712-5162. Submit electronic comments and other 
relevant data to [email protected].

FOR FURTHER INFORMATION CONTACT: Lisa Witte, (202) 712-5162.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    You may submit comments and data by sending electronic mail (e-
mail) to: [email protected]. Submit comments as a Word file avoiding the 
use of special characters and any form of encryption.

Background

    Title II of Pub. L. 480, as amended authorizes appropriation of 
resources intended to combat hunger and malnutrition through support to 
activities that raise the level of availability, access and utilization 
of food in recipient countries. Title II programs are the 
responsibility of the United States Agency for International 
Development Bureau for Democracy, Conflict and Humanitarian Assistance, 
Office of Food for Peace.
    22 CFR part 211 is the primary regulatory document governing the 
transfer of commodities to non-governmental organization (NGO) 
programs. The document is out of date as it was last revised in 1992 
following the 1990 Farm Bill. Thus, a re-written regulation with up to 
date guidance reflecting the significant legislative changes that have 
occurred (1996 and 2002 Farm Bills) and revised financial and 
programmatic reporting requirements is necessary. This effort will be a 
tremendous benefit to the overall management of Title II programs.
    For the reasons discussed in the preamble, examples of what USAID 
proposes to amend in 22 CFR part 211 are as follows:
    1. Revise the overall organization of 22 CFR part 211 in accordance 
with all Federal Register publication requirements and Office of the 
Federal Register document drafting resources.
    2. Update legislative regulatory references and references to 
agency policy and program guidelines.
    3. Update and clarify definitions of and references to FFP/W, 
Missions, USAID, diplomatic posts, M/OP/TRANS, M/FM, USDA/Washington 
and Kansas City. Ensure references to these entities are used 
consistently throughout the regulation in terms of roles, decision-
making and re-delegations of authority. Update existing definitions as 
well as new conceptual terms in accordance with Food for Peace's new 
strategic plan, policy and legislation.
    4. Update program application process, program procedures, closeout 
and disposition guidance, and terminology used throughout the 
regulation. Ensure consistency with 22 CFR part 226 and OMB Circular A-
110.
    5. Update deposit and account information.
    6. Update commodity and shipping procedures as well as the ocean 
carrier loss and damage section.
    7. Revise language on displacement of sales to be written in the 
context of usual marketing requirements (UMR) as promulgated by USDA.
    8. Revise commodity transfer language in Sec.  211.5(o) in 
accordance with Development Assistance Program (DAP) guidance.
    9. Revise to increase dollar thresholds throughout regulation to 
reflect more appropriate levels of USAID mission and PVO 
responsibility, considering use of blanket waivers in lieu of 
thresholds where suitable.
    10. Clarify the use of collected claims proceed types in Sec.  
211.9: monetized commodity, program income and commodity loss; clarify 
where to deposit claims proceeds; revise thresholds. Clarify the 
differences in (a) marine claims/losses, and (b) inland and/or third 
party losses.
    This request for comments provides a summary description of 
possible changes and is not limited to the foregoing. USAID/DCHA/FFP 
also seeks comments and/or suggestions concerning other issues that may 
affect the implementation of the Transfer of Food Commodities under 
Title II of Pub. L. 480 and whether FFP's regulations should be amended 
or modified in light of such issues.

List of Subjects in 22 CFR Part 211

    Agricultural commodities, Disaster assistance, Food assistance 
programs, Foreign aid, Non-profit organizations, Reporting and 
recordkeeping requirements.

    Authority: 7 U.S.C. 1726a(c).

    Dated: August 13, 2004.
Lauren Landis,
Office Director for the Office of Food for Peace, Bureau of Democracy, 
Conflict and Humanitarian Assistance, United States Agency for 
International Development.
[FR Doc. 04-19007 Filed 8-18-04; 8:45 am]
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