[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28185-28186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12581]


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

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1493

RIN 0551-AA99


Export Credit Guarantee (GSM-102) Program and Facility Guarantee 
Program (FGP) Certifications

AGENCY: Foreign Agricultural Service and Commodity Credit Corporation 
(CCC), USDA.

ACTION: Final rule.

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

SUMMARY: This final rule modifies the certifications required to 
qualify to participate in the Export Credit Guarantee (GSM-102) Program 
and the Facility Guarantee Program (FGP) to make them consistent with 
Government-wide debarment and suspension guidelines and U.S. Department 
of Agriculture requirements. Specifically, CCC is eliminating the 
requirement for participants to make certain certifications with 
respect to affiliates.

DATES: This rule is effective June 18, 2019.

ADDRESSES: U.S. Department of Agriculture, Foreign Agricultural 
Service, Credit Programs Division, 1400 Independence Ave. SW, Stop 
1025, Room 5509, Washington, DC 20250-1025.

FOR FURTHER INFORMATION CONTACT: Amy Slusher, Deputy Director, Credit 
Programs Division, 202-720-6211, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On November 18, 2014, CCC published a Final Rule in the Federal 
Register (79 FR 68589) revising and amending the regulations that 
administer the Export Credit Guarantee (GSM-102) Program. On September 
22, 2016, CCC published a Final Rule in the Federal Register (81 FR 
65510) revising and amending the regulations that administer the 
Facility Guarantee Program (FGP). Both of these final rules 
incorporated certifications required of U.S. exporters, U.S. sellers, 
U.S. financial institutions and foreign financial institutions applying 
to participate in these programs. The certifications for the GSM-102 
program are found at 7 CFR 1493.60, and those for the FGP at 7 CFR 
1493.250. The certifications are, in part, based on Government-wide 
requirements related to suspension and debarment found at 2 CFR part 
180 and prohibitions barring delinquent debtors from obtaining Federal 
loans, insurance and guarantees (31 CFR part 285). Certain 
certifications (at 7 CFR 1493.60(a)(1) through (4) and 7 CFR 
1493.250(a)(1) through (4)) require the applicant to certify with 
respect to the applicant itself, as well as its ``principals'' and 
``affiliates'' (as defined in 2 CFR part 180).
    FAS is eliminating the requirement for applicants to make these 
certifications with respect to ``affiliates,'' for several reasons. 
First, there is no Government-wide or Department of Agriculture 
requirement to make these certifications with respect to 
``affiliates.'' Neither the government-wide suspension and debarment 
regulations at 2 CFR part 180 nor the Department of Agriculture's form 
AD-1047 (``Certification Regarding Debarment, Suspension, and Other 
Responsibility Matters'') include affiliates. Second, FAS has 
determined that the affiliates of program participants generally do not 
have a relationship to the applicant's participation in CCC export 
credit guarantee programs. Third, the ``affiliate'' certification is 
burdensome on U.S. exporters, sellers, and U.S. and foreign financial 
institution participants that are large, and often diverse, 
organizations with many affiliates. This change will therefore reduce 
the burden on program applicants and participants.

Notice and Comment

    In general, the Administrative Procedure Act (5 U.S.C. 553) 
requires that a notice of proposed rulemaking be published in the 
Federal Register and interested persons be given an opportunity to 
participate in the rulemaking through submission of written data, 
views, or arguments, except when the rule involves a matter relating to 
public property, loan, grants, benefits or contracts. The 
Administrative Procedure Act also states notice of proposed rulemaking 
is not required ``when the agency for good cause finds . . . that 
notice and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest.'' Because this rule involves two loan 
guarantee programs, the regulations for this program are exempt from 
the notice and comment provisions of 5 U.S.C. 553. Additionally, the 
agency has determined that because this amendment will make the 
existing rules at 7 CFR part 1493 consistent with U.S. Government and 
Departmental certification requirements and will reduce burden on 
participants, notice of proposed rulemaking is unnecessary. It is in 
the public interest to implement these changes as soon as possible; 
therefore, this final rule is effective when published in the Federal 
Register.

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has been determined to be not 
significant and was not reviewed by the Office of Management and Budget 
(OMB) in conformance with Executive Order 12866.

Executive Order 13175

    This rule has been reviewed for compliance with Executive Order 
13175, ``Consultation and Coordination with Indian Tribal 
Governments.'' Executive Order 13175 requires Federal agencies to 
consult and coordinate with tribes on a government-to-government basis 
on policies that have tribal implications, including regulations, 
legislative comments, proposed legislation, and other policy statements 
or actions that have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes or on the distribution of power and responsibilities between the 
Federal government and Indian tribes. FAS has assessed the impact of 
this rule on Indian tribes and determined that this rule does not, to 
the knowledge of FAS, have tribal implications that required tribal 
consultation under Executive Order 13175. If a tribe requests 
consultation, FAS will work with USDA Office of Tribal Relations to 
ensure meaningful consultation is provided where changes, additions, 
and modifications identified herein are not expressly mandated by 
Congress.

[[Page 28186]]

Executive Order 13771

    Executive Order 13771 directs agencies to reduce regulation and 
control regulatory costs and provides that for every new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process. This rule is not an Executive 
Order 13771 regulatory action because this rule is not significant 
under Executive Order 12866.

List of Subjects in 7 CFR Part 1493

    Agricultural commodities, Exports.

    Accordingly, for the reasons stated in the preamble, 7 CFR part 
1493 is amended as follows:

PART 1493--CCC EXPORT CREDIT GUARANTEE PROGRAMS

0
1. The authority citation for part 1493 continues to read as follows:


    Authority:  7 U.S.C. 5602, 5622, 5661, 5662, 5663, 5664, 5676; 
15 U.S.C. 714b(d), 714c(f).


0
2. In Sec.  1493.60, paragraphs (a)(1) through (4) are revised to read 
as follows:


Sec.  1493.60  Certifications required for program participation.

    (a) * * *
    (1) The applicant and any of its principals (as defined in 2 CFR 
180.995) are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or excluded from covered transactions by any U.S. 
Federal department or agency;
    (2) The applicant and any of its principals (as defined in 2 CFR 
180.995) have not within a three-year period preceding this application 
been convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State, or local) 
transaction or contract under a public transaction; violation of 
Federal or State antitrust statues or commission of embezzlement, 
theft, forgery, bribery, falsification or destruction of records, 
making false statements, or receiving stolen property;
    (3) The applicant and any of its principals (as defined in 2 CFR 
180.995) are not presently indicted for or otherwise criminally or 
civilly charged by a governmental entity (Federal, State or local) with 
commission of any of the offenses enumerated in paragraph (a)(2) of 
this section;
    (4) The applicant and any of its principals (as defined in 2 CFR 
180.995) have not within a three-year period preceding this application 
had one or more public transactions (Federal, State or local) 
terminated for cause or default;
* * * * *

0
3. In Sec.  1493.250, paragraphs (a)(1) through (4) are revised to read 
as follows:


Sec.  1493.60  Certifications required for program participation.

    (a) * * *
    (1) The applicant and any of its principals (as defined in 2 CFR 
180.995) are not presently debarred, suspended, proposed for debarment, 
declared ineligible, or excluded from covered transactions by any U.S. 
Federal department or agency;
    (2) The applicant and any of its principals (as defined in 2 CFR 
180.995) have not within a three-year period preceding this application 
been convicted of or had a civil judgment rendered against them for 
commission of fraud or a criminal offense in connection with obtaining, 
attempting to obtain, or performing a public (Federal, State, or local) 
transaction or contract under a public transaction; violation of 
Federal or State antitrust statues or commission of embezzlement, 
theft, forgery, bribery, falsification or destruction of records, 
making false statements, or receiving stolen property;
    (3) The applicant and any of its principals (as defined in 2 CFR 
180.995) are not presently indicted for or otherwise criminally or 
civilly charged by a governmental entity (Federal, State or local) with 
commission of any of the offenses enumerated in paragraph (a)(2) of 
this section;
    (4) The applicant and any of its principals (as defined in 2 CFR 
180.995) have not within a three-year period preceding this application 
had one or more public transactions (Federal, State or local) 
terminated for cause or default;
* * * * *

    Dated: June 10, 2019.
Robert Stephenson,
Executive Vice President, Commodity Credit Corporation.
    In concurrence with:

    Dated: June 7, 2019.
Ken Isley,
Administrator, Foreign Agricultural Service.
[FR Doc. 2019-12581 Filed 6-17-19; 8:45 am]
BILLING CODE 3410-10-P