[Federal Register Volume 63, Number 214 (Thursday, November 5, 1998)] [Rules and Regulations] [Pages 59691-59692] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-29588] ======================================================================== 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 63, No. 214 / Thursday, November 5, 1998 / Rules and Regulations [[Page 59691]] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 17 RIN 0551-AA54 Regulations Governing the Financing of Commercial Sales of Agricultural Commodities AGENCY: Commodity Credit Corporation, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule revises the regulations applicable to the financing of the sale and exportation of agricultural commodities pursuant to title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (Pub. L. 480). The rule would permit a waiver of the present requirement that only private entities with a business office or agent in the United States are eligible to enter into title I, Pub. L. 480 agreements when the General Sales Manager determines that there is adequate assurance of repayment to CCC. This change would allow additional foreign private entities to participate in title I, and thereby increase exports of U.S. agricultural commodities. DATES: This rule is effective November 5, 1998. ADDRESSES: Comments should be sent to Grant Pettrie, Acting Director, Program Development Division, Foreign Agricultural Service, U.S. Department of Agriculture, Room 4506, South Building, Stop 1034, Washington, DC 20250-1034. FOR FURTHER INFORMATION CONTACT: Acting Director, Program Development Division, Foreign Agricultural Service, U.S. Department of Agriculture, Room 4506, South Building, Stop 1034, Washington, DC 20250-1034; telephone: (202) 720-4221; Facsimile: (202) 690-0251. SUPPLEMENTARY INFORMATION: This rule is issued in conformance with Executive Order 12866. Based on information compiled by the Department, it has been determined that this rule: (1) Would have an annual effect on the economy of less than $100 million; (2) Would not adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (3) Would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (4) Would not alter the budgetary impact of entitlements, grants, user fees, or loan programs or rights and obligations of recipients thereof; and (5) Would not raise novel legal or policy issues arising out of legal mandates, the President's priorities, or principles set forth in Executive Order 12866. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act. The Vice President, CCC, who is the General Sales Manager, has certified that this rule will not have a significant economic impact on a substantial number of small entities. Under title I, Pub. L. 480 CCC enters into agreements with foreign governments or private entities to finance their purchase and importation of U.S. agricultural commodities. The rule would allow a waiver of an existing program requirement that restricts the eligibility of businesses in foreign countries to enter into these agreements with CCC. A copy of this rule has been submitted to the General Counsel, Small Business Administration. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372 which requires intergovernmental consultation with state and local officials. See the Notice related to 7 CFR Part 3015, Subpart V, published at 48 FR 29115 (June 24, 1983). Paperwork Reduction Act The information collection requirements imposed by this rule have been previously submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). OMB has assigned control number 0551-0005 for this information collection. This rule would not require the collection of additional information. Executive Order 12988 This rule has been reviewed under Executive order 12988, Civil Justice Reform. The rule would have preemptive effect with respect to any state or local laws, regulations, or policies which conflict with such provisions or which otherwise impede their full implementation. The final rule does not have a retroactive effect. The rule does not require that administrative remedies be exhausted before suit may be filed. Background Title I of the Agricultural Trade Development and Assistance Act of 1954, as amended (Pub. L. 480) authorizes CCC to finance the sale and exportation of agricultural commodities on concessional credit terms, 7 U.S.C. 1701 et seq. CCC may enter into title I, Pub. L. 480 agreements with private entities. Current regulations provide that, in order to be eligible for a title I, Pub. L. 480 agreement, a private entity must maintain a bona fide business office in the United States and have a person, principal, or agent on whom service of judicial process may be had in the United States. On August 7, 1998, CCC published a proposed rule (63 FR 42283) that would allow the General Sales Manager to waive this requirement if the foreign private entity provides adequate assurances of repayment to CCC for the financing extended to it under the Pub. L. 480 agreement. The purpose of the proposed rule was to allow CCC more flexibility in programming in order to take advantage of viable export opportunities. CCC did not receive any comments on the proposed rule and is adopting it as a final rule without change. List of Subjects in 7 CFR Part 17 Agricultural commodities, Exports, Finance, Maritime carriers. Accordingly, this rule amends part 17 of 7 CFR As follows: [[Page 59692]] Part 17--Sales of Agricultural Commodities Made Available Under Title I of the Agricultural Trade Development and Assistance Act of 1954, as Amended 1. The authority citation for part 17 continues to read as follows: Authority: 7 U.S.C. 1701-1704, 1731-1736b, 1736f, 5676,; E.O. 12220, 45 FR 44245. 2. Section 17.1(b)(3) is revised to read as follows: Sec. 17.1 General. * * * * * (b) * * * (3) A private entity must maintain a bona fide business office in the United States and have a person, principal, or agent on whom service of judicial process may be had in the United States unless the General Sales Manager determines that there are adequate assurances of repayment to CCC for the financing extended by CCC. * * * * * Signed at Washington, DC, on October 14, 1998. Lon Hatamiya, Administrator, Foreign Agricultural Service and Vice President, Commodity Credit Corporation. [FR Doc. 98-29588 Filed 11-4-98; 8:45 am] BILLING CODE 3410-10-M