[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Rules and Regulations]
[Pages 6419-6421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01296]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / 
Rules and Regulations  

[[Page 6419]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1471

RIN 0551-AB00


Pima Agriculture Cotton Trust Fund and Agriculture Wool Apparel 
Manufacturers Trust Fund

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

ACTION: Final rule.

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

SUMMARY: This final rule makes amendments to regulations for the Pima 
Agriculture Cotton Trust Fund (Agriculture Pima Trust Fund) and the 
Agriculture Wool Apparel Manufacturers Trust Fund (Wool Trust Fund) 
programs. This final rule makes minor changes to the Department of 
Agriculture's administration of the Wool Trust Fund, required by 
section 12603 of the Agriculture Improvement Act of 2018. Statutory 
changes were made with respect to two of the four types of payments 
available under the Wool Trust Fund, the Refund of Duties Paid on 
Imports of Certain Wool Products (Wool Duty Refund program) and the 
Payments to Manufacturers of Certain Worsted Wool Fabrics (Wool Grant 
program). In addition, new regulatory language is required to update 
the payment expiration calendar year and for submission of affidavits 
that apply to all four payments made available under the Wool Trust 
Fund. This final rule also makes minor changes to the Department of 
Agriculture's administration of the Agriculture Pima Trust Fund per 
section 12602 of the Agriculture Improvement Act of 2018. New 
regulatory language is required for updating the payment expiration 
calendar year and to include information in the required affidavit of 
yarn spinners.

DATES: This final rule is effective February 5, 2020.

FOR FURTHER INFORMATION CONTACT: Benjamin Chan, Director for Grant 
Programs Branch, Global Programs, Foreign Agricultural Service, USDA; 
email: [email protected], 202-720-8877.

SUPPLEMENTARY INFORMATION: 

Background

Purpose of the Regulatory Action

    On March 9, 2015, FAS published a final rule in the Federal 
Register (80 FR 12321) for the Agriculture Pima Trust and the 
Agriculture Wool Trust programs. That rule was subsequently amended on 
November 18, 2016, (81 FR 81657) based on comments received to add 
details for the Refund of Duties Paid on Imports of Certain Wool 
Products payment. This current rule reflects minor changes to the 
Department of Agriculture's administration of the Wool Trust Fund, made 
by section 12603 of the Agriculture Improvement Act of 2018. This rule 
also reflects minor changes to the Department of Agriculture's 
administration of the Agriculture Pima Trust Fund made by Section 12602 
of the Agriculture Improvement Act of 2018.

Effective Date and Notice and Comment

    In general, the Administrative Procedure Act (APA, 5 U.S.C. 553) 
requires that a notice of proposed rulemaking be published in the 
Federal Register for interested persons to be given an opportunity to 
participate in the rulemaking through submission of written data, 
views, or arguments with or without opportunity for oral presentation 
and requires a 30-day delay in the effective date of rules, except when 
the rule involves a matter relating to public property, loans, grants, 
benefits, or contracts. This rule involves matters relating to 
contracts and therefore the requirements in section 553 do not apply.
    The Office of Management and Budget (OMB) designated this rule as 
not major under the Congressional Review Act, as defined by 5 U.S.C. 
804(2). Therefore, FAS is not required to delay the effective date for 
60 days from the date of publication to allow for Congressional review.
    Accordingly, this rule is effective upon publication in the Federal 
Register.

Executive Order 12866, 13563, 13771 and 13777

    Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
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 emphasized the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. The requirements in 
Executive Orders 12866 and 13573 for the analysis of costs and benefits 
to loans apply to rules that are determined to be significant. 
Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' 
established a federal policy to alleviate unnecessary regulatory 
burdens on the American people.
    OMB designated this rule as not significant for the purposes of 
Executive Order 12866 and was not reviewed by OMB. A cost-benefit 
assessment of this rule was not required for either Executive Orders 
12866 or 13563.

Executive Order 12372

    This final rule is not subject to Executive Order 12372, 
``Intergovernmental Review of Federal Programs,'' which requires 
consultation with State and local officials that would be directly 
affected by proposed Federal financial assistance. The objectives of 
the Executive Order are to foster an intergovernmental partnership and 
a strengthened federalism, by relying on State and local processes for 
State and local government coordination and review of proposed Federal 
financial assistance and direct Federal development. For reasons 
specified in the final rule related notice regarding 7 CFR part 3015, 
(48 FR 29115, June 24, 1983), the programs and activities within this 
rule are excluded from the scope of Executive Order 12372.

Executive Order 12988

    This rule has been reviewed in accordance with Executive Order 
12988, ``Civil Justice Reform.'' This rule does not preempt State or 
local laws, regulations, or policies unless they

[[Page 6420]]

present an irreconcilable conflict with this rule. This rule will not 
be retroactive.

Executive Order 13132

    This final rule has been reviewed under Executive order 13132, 
``Federalism.'' The policies contained in this final rule do not have 
any substantial direct effect on States, on the relationship between 
the Federal Government and the States, or on the distribution of power 
and responsibilities among the various levels of government, except as 
required by law. Nor does this final rule impose substantial direct 
compliance costs on State and local governments. Therefore, 
consultation with the States is not required.

Executive Order 13175

    This final rule has been reviewed in accordance with the 
requirements of 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 or 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.
    USDA has assessed the impact of this rule on Indian Tribes and 
determined that this rule does not have Trial implications that 
required Tribal consultation under Executive Order 13175. If a Tribe 
requests consultation, FAS will work with the USDA Office of Tribal 
Relations to ensure meaningful consultation is provided.

Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this final 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 final rule.

Environmental Review

    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 that apply to CCC activities (7 CFR part 799). 
FAS has determined that NEPA does not apply to this final rule and that 
no environmental assessment or environmental impact statement will be 
prepared.

Unfunded Mandates Reform Act

    This final rule does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA). Therefore, this rule is not subject to the 
requirements of sections 202 and 205 of UMRA.

Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520), this rule does not change the information collection 
approved by OMB under control number 0551-0044.

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, 
services, and for other purposes. The forms, regulations, and other 
information collection activities required to be utilized by a person 
subject to this final rule are available at: http://www.fas.usda.gov.

List of Subjects in 7 CFR Part 1471

    Agricultural commodities, imports.

    Accordingly, 7 CFR part 1471 is amended as follows:

PART 1471--PIMA AGRICULTURE COTTON TRUST FUND (AGRICULTURE PIMA 
TRUST) AND AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST FUND 
(AGRICULTURE WOOL TRUST)

0
1. The authority citation for part 1471 is revised to read as follows.

    Authority:  Sections 501-506, Pub. L. 106-200, (114 Stat. 299-
304); section 4002, Pub. L. 108-429 (7 U.S.C. 7101 note); section 
1633, Pub. L. 109-280 (120 Stat. 1166); section 325, Pub. L. 110-343 
(122 Stat. 3875); sections 12314 and 12315, Pub. L. 113-79 (7 U.S.C. 
2101 note and 7101 note); and sections 12602 and 12603, Pub. L. 115-
334 (7 U.S.C. 2101 note).

Subpart A--Agriculture Pima Trust


Sec.  1471.1   [Amended]

0
2. Amend Sec.  1471.1(b)(2) by removing ``2015 through 2018'' and 
adding ``2019 through 2023'' in its place.

0
3. Amend Sec.  1471.2 as follows:
0
a. In the introductory text, remove the year ``2018'' and add the year 
``2023'' in its place;
0
b. In paragraph (b) introductory text, remove the phrase ``2013 and'';
0
c. In paragraph (b)(1), remove the first occurrence of the year 
``2013'' and add the words ``the prior calendar year'' in its place and 
remove the phrase ``calendar year 2013'' and add the phrase ``the prior 
calendar year'' in its place;
0
c. In paragraph (b)(2), remove the phrase ``calendar year 2013'' and 
add the words ``the prior calendar year'' in its place;
0
d. In paragraph (c) introductory text, remove the phrase ``calendar 
year 2013'' and add the phrase ``the prior calendar year'' in its 
place; and
0
e. Add paragraphs (c)(3) and (4).
    The additions read as follows:


Sec.  1471.2   Pima cotton payments.

* * * * *
    (c) * * *
    (3) A yarn spinner will not receive an amount under paragraph 
(b)(1) of this section that exceeds the cost of pima cotton that was:
    (i) Purchased during the prior calendar year; and
    (ii) Used in spinning any cotton yarns.
    (4) The Secretary will reallocate any amounts reduced by reason of 
the limitation under paragraph (b) of this section to spinners using 
the ratio described in paragraph (b) of this section, disregarding 
production of any spinner subject to that limitation.

0
4. Amend Sec.  1471.3 as follows:
0
a. In paragraphs (a) and (c) remove the phrase ``calendar year 2013'' 
and add the phrase ``the prior calendar year'' in its place;
0
b. In paragraph (b), remove the phrase ``During 2013'' and in its place 
the phrase ``In the prior calendar year''; and
0
c. Add paragraph (d).
    The addition reads as follows:


Sec.  1471.3   Affidavit of producers of ring spun pima cotton yarn.

* * * * *
    (d) The dollar amount of pima cotton purchased during the prior 
calendar year that was used in spinning any cotton yarns, and for which 
the producer maintains supporting documentation.


Sec.  1471.4   [Amended]

0
5. Amend Sec.  1471.4 as follows:
0
a. In paragraph (a)(1), remove the phrase ``and during calendar year 
2013'';
0
b. In paragraph (a)(2), remove the phrase ``calendar year 2013'' and 
add ``the prior calendar year'' in its place; and

[[Page 6421]]

0
c. In paragraph (a)(4), remove the phrase ``2013 and in''.

Subpart B--Agriculture Wool Trust


Sec.  1471.10   [Amended]

0
6. Amend Sec.  1471.10, in paragraph (b)(2) by removing ``2015 through 
2019'' and adding the years ``2019 through 2023'' in its place.

     Dated: January 14, 2020.
Robert Stephenson,
Executive Vice President, Commodity Credit Corporation.

    In concurrence with:

    Dated: December 23, 2019.
Clay Hamilton,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 2020-01296 Filed 2-4-20; 8:45 am]
BILLING CODE 3410-10-P