[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Proposed Rules]
[Pages 73617-73618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28613]


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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.

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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: [email protected].
     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: [email protected].

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

[[Page 73618]]

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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