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

Published date05 February 2020
Citation85 FR 6419
Record Number2020-01296
SectionRules and Regulations
CourtCommodity Credit Corporation
Federal Register, Volume 85 Issue 24 (Wednesday, February 5, 2020)
[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]
                ========================================================================
                Rules and Regulations
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains regulatory documents
                having general applicability and legal effect, most of which are keyed
                to and codified in the Code of Federal Regulations, which is published
                under 50 titles pursuant to 44 U.S.C. 1510.
                The Code of Federal Regulations is sold by the Superintendent of Documents.
                ========================================================================
                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
                

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