[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Rules and Regulations]
[Pages 70811-70812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29249]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1405

RIN 0560-AI00


Commodity Assessments; Loans, Purchases, and Other Operations

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: The Commodity Credit Corporation (CCC) is amending regulations 
as required by the Food, Conservation, and Energy Act of 2008 (the 2008 
Farm Bill) to remove a provision concerning CCC fees for administrative 
costs to collect commodity assessments. The 2008 Farm Bill prohibits 
CCC from collecting these fees. As a result of this amendment, CCC, 
rather than States or commodity associations, will absorb the 
administrative costs of implementing and modifying commodity assessment 
collections.

DATES: Effective Date: November 19, 2010.

FOR FURTHER INFORMATION CONTACT: Frankie Coln, Price Support Division, 
Farm Service Agency (FSA), U.S. Department of Agriculture (USDA), Mail 
Stop 0512, 1400 Independence Avenue, SW., Washington, DC 20250-0512; 
telephone (202) 720-9011; fax (202) 690-3307; e-mail, 
[email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.) should contact 
the USDA Target Center at 202-720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: Section 1616 of the 2008 Farm Bill (Pub. L. 
110-246) prohibits CCC from charging any fee or related cost for the 
collection of commodity assessments. Therefore, this rule removes a 
provision relating to such fees. CCC has already implemented this 
policy and is not charging such fees.
    Many States charge assessments on commodities marketed in that 
State and use the assessment to fund State level agricultural promotion 
activities. CCC has agreements with States to collect the assessments. 
When authorized by State law, CCC deducts the assessment from the 
proceeds of a Marketing Assistance Loan (MAL) on behalf of the State. 
In the past, CCC has charged fees to cover the administrative costs of 
collecting the assessment, including costs to modify the rate of the 
assessment or to develop the automation software to begin the 
collection of a newly mandated commodity assessment. The agreement 
between CCC and the States has required the States to indemnify CCC for 
the administrative costs of collecting the assessments.
    CCC will continue to collect commodity assessments as part of the 
MAL program, but is no longer charging fees for the administrative 
costs. Therefore, the cost to MAL customers for CCC's administration of 
commodity assessments has decreased to zero. CCC estimates that this 
will save producers, their marketing associations, and the States about 
$15,000 per year.

Notice and Comment

    These regulations are exempt from the notice and comment 
requirements of the Administrative Procedures Act (5 U.S.C. 553), as 
specified in section 1601(c) of the 2008 Farm Bill, which requires that 
the regulations be promulgated and administered without regard to the 
notice and comment provisions of Section 553 of title 5 of the United 
States Code or the Statement of Policy of the Secretary of Agriculture 
effective July 24, 1971 (36 FR 13804) relating to notices of proposed 
rulemaking and public participation in rulemaking.

Executive Order 12866

    This final rule has been designated as not significant under 
Executive Order 12866 and has not been reviewed by the Office of 
Management and Budget.

Regulatory Flexibility Act

    This rule is not subject to the Regulatory Flexibility Act since 
CCC is not required to publish a notice of proposed rulemaking for this 
rule.

Environmental Evaluation

    The environmental impacts of this rule have been considered in a 
manner consistent with the provisions of the National Environmental 
Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council 
on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations 
for compliance with NEPA (7 CFR part 799). The change to the 
regulations

[[Page 70812]]

removing a provision concerning CCC fee collection for administrative 
costs of implementing or modifying commodity assessment collections, as 
required by the 2008 Farm Bill, that are identified in this Final Rule 
is solely administrative. Therefore, FSA has determined that NEPA does 
not apply to this Final Rule and no environmental assessment or 
environmental impact statement will be prepared.

Executive Order 12372

    This program is not subject to Executive Order 12372, which 
requires consultation with State and local officials. See the notice 
related to 7 CFR part 3015, subpart V, published in the Federal 
Register on June 24, 1983 (48 FR 29115).

Executive Order 12988

    This rule has been reviewed under Executive Order 12988. This final 
rule is not retroactive and it does not preempt State or local laws, 
regulations, or policies unless they present an irreconcilable conflict 
with this rule. Before any judicial action may be brought regarding the 
provisions of this rule the administrative appeal provisions of 7 CFR 
parts 11 and 780 must be exhausted.

Executive Order 13132

    The policies contained in this rule do not have any substantial 
direct effect on States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor does this 
rule impose substantial direct compliance costs on state and local 
governments. Therefore, consultation with the States is not required.

Executive Order 13175

    The policies contained in this rule do not have tribal implications 
that preempt tribal law.

Unfunded Mandates

    This rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) for State, local, or tribal governments, or the private sector. 
In addition, CCC was not required to publish a notice of proposed 
rulemaking for this rule. Therefore, this rule is not subject to the 
requirements of sections 202 and 205 of UMRA.

Paperwork Reduction Act

    These regulations are exempt from the requirements of the Paperwork 
Reduction Act (44 U.S.C. Chapter 35), as specified in section 
1601(c)(2)(a) of the 2008 Farm Bill, which provides that these 
regulations, which are necessary to implement title I of the 2008 Farm 
Bill, be promulgated and administered without regard to the Paperwork 
Reduction Act.

E-Government Act Compliance

    CCC 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.

List of Subjects in 7 CFR part 1405

    Loan programs--agriculture, Price support programs.

0
For the reasons set out above, CCC amends 7 CFR part 1405 as follows:

PART 1405--LOANS, PURCHASES, AND OTHER OPERATIONS

0
1. The authority will continue to read as follows:

    Authority:  7 U.S.C. 1515; 7 U.S.C. 7416a; 7 U.S.C. 7991(e); 15 
U.S.C. 714b and 714c.


Sec.  1405.9  [Amended]

0
2. Amend Sec.  1405.9, in paragraph (c)(1), by removing the words ``and 
for administrative costs'', and adding, in their place, the words ``but 
not for administrative costs''.

    Signed in Washington, DC, on November 15, 2010.
Jonathan Coppess,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 2010-29249 Filed 11-18-10; 8:45 am]
BILLING CODE 3410-05-P