Federal Register - October 1, 2021
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Source: Federal Register
54339
Rules and Regulations
Federal Register Vol. 86, No. 188
Friday, October 1, 2021
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 870
Commodity Credit Corporation 7 CFR Part 1427
Doc. No. AMSLRRS210047
Reorganization and Transfer of Regulations Agricultural Marketing Service;
Commodity Credit Corporation, USDA.
ACTION: Final rule.
AGENCY:
This rule transfers regulations pertaining to the Economic Adjustment Assistance for Textile Manufacturers program from the Commodity Credit Corporation CCC to the Agricultural Marketing Service AMS to reflect changes in the organizational structure and delegated authorities within the United States Department of Agriculture USDA. This action is necessary to enable the AMS Administrator to issue, maintain, and revise as necessary regulations related to programs under the AMS Administrators delegated authority.
SUMMARY:
DATES:
Effective October 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Laurel May, Regulatory Analyst, Legislative and Regulatory Review Staff, Office of the Administrator, AMS, USDA; Telephone: 202 3842975, or Email: Laurel.May@usda.gov.
SUPPLEMENTARY INFORMATION: Congress directed the Secretary of Agriculture Secretary to provide economic adjustment assistance to domestic users of upland cotton under the Economic Adjustment Assistance to Users of Upland Cotton program in section 1207c of the Food, Conservation, and Energy Act of 2008 Pub. L. 110234;
May 22, 2008. Under the program domestic users of upland cotton may qualify for financial assistance that can
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be used to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery. Payments for such assistance are issued by CCC.
Section 1203b of the Agriculture Improvement Act of 2018 Pub. L. 115
334; December 20, 2018 renamed the program Economic Assistance Adjustment to Textile Mills EAATM.
Regulations implementing the EAATM
are found at 7 CFR part 1427, in subpart C, in 1427.100 to 1427.105.
In a memorandum dated July 1, 2019,1 the Secretary redelegated authority to administer EAATM from the Farm Service Agency to the Agricultural Marketing Service AMS.
A final rule published October 15, 2020
85 FR 65500, amended 7 CFR part 2
to reflect the redelegation. Amended 2.79a23 authorizes the AMS
Administrator to administer the EAATM
program 7 U.S.C. 9037c. The redelegation of authority necessitates the transfer of corresponding regulations to AMS, giving the AMS Administrator authority to issue, maintain, and revise the regulations pertaining to EAATM.
This final rule completes the necessary transfer.
Overview of Changes Currently, Title 7, Chapter XIV, part 1427 of the Code of Federal Regulations CFR contains the EAATM regulations in 1427.100 to 1427.105, under CCC
administration. This final rule removes the EAATM regulations from 7 CFR part 1427 and adds them in a new part 870
Economic Adjustment Assistance to Textile Millsto 7 CFR chapter VIII, Subchapter B. Currently Subchapter B is titled Regulations for Warehouses and contains part 869Regulations for the United States Warehouse Act USWA.
This final rule revises the title for Subchapter B to read Fair Trade Practices to reflect the delegation of administrative authority for both USWA
and EAATM activities to the AMS
Administrator. The Deputy Administrator of AMSs Fair Trade Practices Program FTPP oversees USWA and EAATM activities for the Administrator. Finally, this rule makes a conforming change to the text of the EAATM regulations to reflect the programs revised name.
1 Secretarys Memorandum 1076030 July 1, 2019, available at https www.ocio.usda.gov/
document/secretarys-memorandum-1076-030.
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Classification This final rule is administrative in nature and reflects changes in USDAs organization. Accordingly, pursuant to 5
U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required, and this rule may be made effective in fewer than 30
days after publication in the Federal Register. Therefore, this final rule is effective upon publication.
Additionally, this rule is exempt from the provisions of Executive Order 12866, as it is limited to agency management. This action is not a rule as defined by the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq., and thus is exempt from the provisions of those Acts. This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq..
The Congressional Review Act 5
U.S.C. 801 et seq. provides exemptions for rules of particular applicability;
relating to agency management or personnel; or of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. This action qualifies for this exemption.
AMS 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 and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule.
List of Subjects 7 CFR Part 870
Cotton, Payments, Reporting and recordkeeping, Textile mills.
7 CFR Part 1427
Cotton, Cottonseeds, Loan programsagriculture, Packaging and containers, Price support programs, Reporting and recordkeeping requirements, Surety bonds, Warehouses.
For the reasons stated in the preamble, as authorized by the Secretarys Memorandum implementing the Agriculture Improvement Act of 2018, dated July 1, 2019, the
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