[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Rules and Regulations]
[Pages 68880-68882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25984]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1484


Programs To Help Develop Foreign Markets for Agricultural 
Commodities

AGENCY: Commodity Credit Corporation and Foreign Agricultural Service, 
U.S. Department of Agriculture (USDA).

ACTION: Final rule.

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SUMMARY: The Office of Management and Budget (OMB) revised and 
renumbered certain provisions in its regulation establishing uniform 
administrative requirements, cost principles, and audit requirements 
for Federal awards to non-Federal entities. This final rule amends the 
U.S. Department of Agriculture's (USDA) regulations on Programs to Help 
Develop Foreign Markets for Agricultural Commodities (``FMD 
regulation'') to make technical corrections to reflect the revised OMB 
regulations. This final rule also makes three minor changes to the FMD 
regulation: To modify the timing of the evaluation provision; to add 
one additional exemption for a USA Pavilion waiver request; and to add 
certain flexibilities to the sample shipment requirements.

DATES: This rule is effective December 6, 2021.

FOR FURTHER INFORMATION CONTACT: Curt Alt, (202) 690-4784, 
[email protected]. Persons with disabilities who require an alternative 
means for communication of information (e.g., Braille, large print, 
audiotape, etc.) should contact Angela Ubrey (Human Resources, 202-772-
4836) or Constance Goodwin (Office of Civil Rights, 202-379-6431).

SUPPLEMENTARY INFORMATION: The FMD regulation, 7 CFR part 1484, refers 
to

[[Page 68881]]

and cites various sections of 2 CFR part 200. As a result of amendments 
that OMB made to 2 CFR part 200 in August 2020, the Commodity Credit 
Corporation (CCC) has identified a number of instances where technical 
corrections are necessary. This final rule makes those technical 
corrections where needed. In addition, this final rule also modifies 
the timing of the evaluation provision and adds one additional 
exemption for a USA Pavilion waiver request.
    This rule involves a matter relating to agency management or 
personnel or to public property, loans, grants, benefits, or contracts. 
Accordingly, notice and other public procedure on this rule are 
unnecessary and this rule may be made effective less than 30 days after 
publication in the Federal Register. See 5 U.S.C. 553.

Catalog of Federal Domestic Assistance

    The program covered by this regulation is listed in the Catalog of 
Federal Domestic Assistance (CFDA) under the following Foreign 
Agricultural Service (FAS) CFDA number: 10.600, Foreign Market 
Development Cooperator Program.

E-Government Act Compliance

    CCC is committed to complying with the E-Government Act of 2002 (44 
U.S.C. chapter 36), to promote the use of the internet and other 
information technologies to provide increased opportunities for 
citizens' access to Government information and services, and for other 
purposes.

Executive Order 12866 and 13563

    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 
apply to rules that are determined to be significant. It has been 
determined that this action is not significant for the purposes of 
Executive Order 12866; therefore, this rule was not reviewed by the 
Office of Management and Budget.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs has designated this 
rule as not a major rule, as defined by 5 U.S.C. 804(2).

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

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with officials of State and local 
governments that would be directly affected by the 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 the State and local 
government coordination and review of proposed Federal financial 
assistance and direct Federal development. This rule will not directly 
affect State or local officials and, for this reason, it is excluded 
from the scope of Executive Order 12372.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule that is subject to notice and comment rulemaking 
under the Administrative Procedure Act (APA) or any other law, unless 
the agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. The Regulatory 
Flexibility Act does not apply to this rule because CCC is not required 
by the APA or any other law to publish a notice of proposed rulemaking 
with respect to the subject matter of the rule. Therefore, this action 
is not a rule as defined by the Regulatory Flexibility Act and, thus, 
is exempt from the provisions of that Act.

Executive Order 13132

    This rule has been reviewed under Executive Order 13132, 
``Federalism.'' This rule will 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. This rule does 
not impose substantial direct compliance costs on State and local 
governments. Therefore, consultation with the States was not required.

Executive Order 13175

    This 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. CCC does not expect 
this rule to have any effect on Indian tribes.

Unfunded Mandates

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L. 
104-4) requires Federal agencies to assess the effects of their 
regulatory actions on State, local, or Tribal governments or the 
private sector. Agencies generally must prepare a written statement, 
including a cost benefit analysis, for proposed and final rules with 
Federal mandates that may result in expenditures of $100 million or 
more in any 1 year for State, local, or Tribal governments, in the 
aggregate, or to the private sector. UMRA generally requires agencies 
to consider alternative methods and adopt the more cost effective or 
least burdensome alternative that achieves the objectives of the rule. 
This rule contains no Federal mandates under the regulatory provisions 
of Title II of the Unfunded Mandates Reform Act of 1995 for State, 
local, or Tribal governments, or the private sector. Therefore, this 
rule is not subject to the requirements of sections 202 and 205 of 
UMRA.

Paperwork Reduction Act

    This final rule contains no new reporting, recordkeeping, or third-
party disclosure requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 1484

    Agricultural commodities, Exports.

    For the reasons set forth in the preamble, CCC amends part 1484 of 
title

[[Page 68882]]

7 of the Code of Federal Regulations as follows:

PART 1484--PROGRAMS TO HELP DEVELOP FOREIGN MARKETS FOR 
AGRICULTURAL COMMODITIES

0
1. The authority citation for 7 CFR part 1484 continues to read as 
follows:

    Authority: 7 U.S.C. 5623, 5662-5663.


0
2. In Sec.  1484.52, revise paragraphs (b)(7) and (40) to read as 
follows:


Sec.  1484.52  Reimbursement rules.

* * * * *
    (b) * * *
    (7) Where USDA has sponsored or endorsed a U.S. pavilion at a 
retail or trade exhibit or show, whether held outside or inside the 
United States, project funds may be used to reimburse the travel and/or 
non-travel expenditures of only those Cooperators located within the 
U.S. pavilion. Such expenditures must also adhere to the standard terms 
and conditions of the U.S. pavilion organizer. Upon written request, 
CCC may temporarily waive this paragraph (b)(7), on a case by case 
basis, where the trade show is segregated into product pavilions, a 
company's distributor or importer is located outside the U.S. pavilion, 
or when a company can demonstrate that there is a benefit to being 
located outside the U.S. pavilion. Such waiver will be provided to the 
Cooperator in writing;
* * * * *
    (40) Shipment of samples or other program materials;
* * * * *


Sec.  1484.70  [Amended]

0
3. In Sec.  1484.70(b)(1), remove the citation ``2 CFR 200.328(b)(2)'' 
and add in its place the citation ``2 CFR 200.329(c)(2)''.

0
4. In Sec.  1484.72(c), revise the first sentence to read as follows:


Sec.  1484.72  Evaluation.

* * * * *
    (c) When required by CCC, a Cooperator shall complete a program 
evaluation. * * *
* * * * *


Sec.  1484.79  [Amended]

0
5. In Sec.  1484.79(a), remove the citation ``2 CFR 200.331'' and add 
in its place the citation ``2 CFR 200.332''.

0
6. In Sec.  1484.81, revise paragraphs (a) introductory text, (a)(1), 
and (b)(2) to read as follows:


Sec.  1484.81   Suspension and termination of agreements.

    (a) An agreement or subaward may be suspended or terminated in 
accordance with 2 CFR 200.339 or 200.340. FAS may suspend or terminate 
an agreement if it determines that:
    (1) One of the bases in 2 CFR 200.339 or 200.340 for termination or 
suspension by FAS has been satisfied; or
* * * * *
    (b) * * *
    (2) Must comply with any closeout and post-closeout procedures 
specified in the agreement and 2 CFR 200.344 and 200.345.

Robert Ibarra,
Executive Vice President, Commodity Credit Corporation.

    In concurrence with:
Daniel Whitley,
Administrator, Foreign Agricultural Service.
[FR Doc. 2021-25984 Filed 12-3-21; 8:45 am]
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