Trade Adjustment Assistance for Farmers, 42799-42804 [E9-20345]
Download as PDF
42799
Proposed Rules
Federal Register
Vol. 74, No. 163
Tuesday, August 25, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
7 CFR Part 1580
RIN 0551–AA80
Trade Adjustment Assistance for
Farmers
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY: Foreign Agricultural Service,
USDA.
ACTION: Proposed rule.
SUMMARY: The American Recovery and
Reinvestment Act of 2009 reauthorizes
and modifies the Trade Adjustment
Assistance for Farmers program as
established by Subtitle C of Title I of the
Trade Act of 2002, which amended the
Trade Act of 1974. Under this program,
the U.S. Department of Agriculture
(USDA) provides technical assistance
and cash benefits to eligible producers
of raw agricultural commodities and
fishermen (jointly referred to as
‘‘producers’’) when the Foreign
Agricultural Service (FAS)
Administrator determines that increased
imports of raw agricultural
commodities, aquaculture products, or
wild-caught aquatic species (jointly
referred to as ‘‘agricultural
commodities’’) have contributed
importantly to a greater than 15 percent
decrease in the national average price,
or quantity of production, or value of
production, or cash receipts for the
agricultural commodity specified in the
certified petition compared to the
average of the three preceding marketing
years. The rule establishes the
procedure by which a group can submit
a petition for certification of eligibility
and individual producers of agricultural
commodities can apply for technical
assistance and cash benefits for the
development and implementation of
approved business adjustment plans.
DATES: Comments should be received on
or before September 24, 2009, to be
assured consideration.
ADDRESSES: Comments should be
mailed or delivered to The Trade
VerDate Nov<24>2008
23:52 Aug 24, 2009
Jkt 217001
Adjustment Assistance for Farmers
Staff, Import Policies and Export
Reporting Division, Office of Trade
Programs, Foreign Agricultural Service,
1400 Independence Avenue, SW., STOP
1021, Washington, DC 20250–1021.
Comments can also be e-mailed to
tradeadjustment@fas.usda.gov.
Comments received may be inspected
between 10 a.m. and 4 p.m. in Suite
100, 1250 Maryland Avenue, SW.,
Washington, DC 20034.
Paperwork Reduction Act
FOR FURTHER INFORMATION CONTACT: The
Trade Adjustment Assistance for
Farmers Staff, Import Policies and
Export Reporting Division, Office of
Trade Programs, Foreign Agricultural
Service, 1400 Independence Avenue,
SW., STOP 1021; e-mail:
tradeadjustment@fas.usda.gov;
telephone: (202) 720–0638; fax (202)
720–8461. Persons with disabilities who
require alternative means for
communication of program information
(Braille, large print, audiotape, etc.)
should contact the USDA Office of
Communications at (202) 720–5881
(voice) or (202) 720–7808 (TDD).
Executive Order 12988
In accordance with the Paperwork
Reduction Act of 1995; FAS has
previously received approval from the
OMB with respect to the information
collection required to support this
program. The information collection is
described below:
Title: Trade Adjustment Assistance
for Farmers.
OMB Control Number: 0551–0040.
This rule has been reviewed under
Executive Order 12988. The provisions
of this rule would not have preemptive
effect with respect to any State or local
laws, regulations, or policies which
conflict with such provision or which
otherwise impede their full
implementation. The rule would not
have retroactive effect. Before any
judicial action may be brought regarding
this rule, all administrative remedies
must be exhausted.
National Environmental Policy Act
Executive Order 12866
The Office of Management and Budget
(OMB) designated this rule as
significant under Executive Order 12866
and, therefore, it has been reviewed by
OMB. A cost-benefit assessment for the
proposed rule has been prepared and is
available from the information contact
cited above.
The Administrator (FAS) has
determined that this action will not
have a significant effect on the quality
of the human environment. Therefore,
neither an Environmental Assessment
nor an Environmental Impact Statement
is necessary for this rule.
Executive Orders 12372, 13083 and
13084, and the Unfunded Mandates
Reform Act (Pub. L. 104–4)
SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act
The Regulatory Flexibility Act
ensures that regulatory and information
requirements are tailored to the size and
nature of small businesses, small
organizations, and small governmental
jurisdictions. This rule will not have a
significant economic impact on a
substantial number of small farm
operations. Participation in the program
is voluntary. Direct and indirect costs
are likely to be very small as a
percentage of revenue and in terms of
absolute costs. The minimal regulatory
requirements impact large and small
businesses equally, and the program’s
benefits should improve cash flow and
liquidity for farmers participating in the
program.
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
These Executive Orders and Public
Law 104–4 require consultation with
State and local officials and Indian
tribal governments. This rule does not
impose an unfunded mandate or any
other requirement on State, local or
tribal governments. Accordingly, these
programs are not subject to the
provisions of Executive Order 12372,
Executive Order 13083, and Executive
Order 13084, or the Unfunded Mandates
Reform Act.
Executive Order 12630
This Order requires careful evaluation
of governmental actions that interfere
with constitutionally protected property
rights. This rule would not interfere
with any property rights and, therefore,
does not need to be evaluated on the
basis of the criteria outlined in
Executive Order 12630.
E:\FR\FM\25AUP1.SGM
25AUP1
jlentini on DSKJ8SOYB1PROD with PROPOSALS
42800
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules
Background
The American Recovery and
Reinvestment Act of 2009 (Pub. L. 111–
5) reauthorizes and modifies the Trade
Adjustment Assistance (TAA) for
Farmers program and provides both
technical assistance and cash benefits to
producers as established by Subtitle C of
Title I of the Trade Act of 2002 (Pub. L.
107–210), which amended the Trade
Act of 1974. The statute authorizes an
appropriation of not more than $90
million per year for the 2009 and 2010
fiscal years, and $22.5 million for the
period beginning October 1, 2010 and
ending December 31, 2010 to carry out
the program; including USDA salaries
and expenses.
Under this rule, a group of producers
may petition the Administrator (FAS)
for trade adjustment assistance during
the petition period announced in the
Federal Register. Petitioners must
submit data on either the national
average price, or quantity of production,
or value of production, or cash receipts
for the agricultural commodity for the
most recent marketing year for which
data are available and the three
preceding marketing years. FAS will
first review the petition for
appropriateness, completeness, and
timeliness, before publishing a notice in
the Federal Register that it has been
accepted. The Economic Research
Service (ERS) will then conduct a
market study to verify the decline in the
national average price, or quantity of
production, or value of production, or
cash receipts for the petitioned
commodity, and to assess possible
causes, taking into due account any
special factors which may have affected
prices, including imports, exports,
production, changes in consumer
preferences, weather conditions,
diseases, and other relevant issues. ERS
will report its findings to the
Administrator (FAS) who will review
and determine whether or not to certify
the petitioning group’s eligibility for
trade adjustment assistance.
Upon certification of the petition,
producers have 90 days to contact the
Farm Service Agency (FSA) to apply for
assistance. As soon as producers are
found eligible, they may receive: (1)
training specifically tailored to their
needs by the Cooperative State
Research, Education, and Extension
Service (CSREES); and under certain
circumstances (2) travel and per diem
payments to help offset costs incurred to
attend initial training. Depending on the
commodity and the region, the training
package may include technical
publications in print or on-line, group
seminars and presentations, one-on-one
VerDate Nov<24>2008
23:52 Aug 24, 2009
Jkt 217001
meetings, and assistance in the
development of business adjustment
plans. Producers who satisfy personal
and farm income limits; complete the
designated technical training; and
develop and implement approved
business plans are eligible for TAA for
Farmers cash benefits. During the 36month period following certification of
the petition by the Administrator (FAS),
a producer may receive not more than
$12,000 for the development and
implementation of business plans
approved under the TAA for Farmers
program. If the funding authorized by
Congress is insufficient to pay 100
percent of all TAA for Farmers
obligations during the fiscal year, the
payments provided for business plan
development and implementation will
be reduced proportionately, as
determined by the Administrator (FAS).
List of Subjects in 7 CFR Part 1580
Agricultural commodity imports,
Reporting and recordkeeping
requirements, and Trade adjustment
assistance.
For the reasons set out in the
preamble, 7 CFR part 1580 is proposed
to be revised to read as follows:
PART 1580—TRADE ADJUSTMENT
ASSISTANCE FOR FARMERS
Sec.
1580.101 General statement.
1580.102 Definitions.
1580.201 Petitions for trade adjustment
assistance.
1580.202 Hearings, petition reviews, and
amendments.
1580.203 Determination of eligibility and
certification by the Administrator (FAS).
1580.301 Application for trade adjustment
assistance.
1580.302 Technical assistance and services.
1580.303 Adjustment assistance payments.
1580.401 Subsequent year recertification.
1580.501 Administration.
1580.502 Maintenance of records, audits
and compliance.
1580.503 Recovery of overpayments.
1580.504 Debarment and suspension and
penalties.
1580.505 Appeals.
1580.506 Judicial Review.
1580.602 Paperwork Reduction Act
assigned number.
Authority: 19 U.S.C. 2401.
§ 1580.101
General statement.
This part provides regulations for the
Trade Adjustment Assistance (TAA) for
Farmers program as authorized by the
Trade Act of 1974, amended by Subtitle
C of Title I of the Trade Act of 2002
(Pub. L. 107–210), and re-authorized
and modified by the American Recovery
and Reinvestment Act of 2009 (Pub. L.
111–5). The regulations establish
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
procedures by which a group of
producers of raw agricultural
commodities or fishermen (jointly
referred to as ‘‘producers’’) can petition
for certification of eligibility and
through which individual producers
covered by a certified petition can apply
for technical assistance and cash
benefits for the development and
implementation of approved business
adjustment plans.
§ 1580.102
Definitions.
As used in the part, the following
terms mean:
Agricultural commodity means any
commodity in its raw or natural state;
found in chapters 1, 3, 4, 5, 6, 7, 8, 10,
12, 14, 23, 24, 41, 51, and 52 of the
Harmonized Tariff Schedule of the
United States (HTS).
Articles like or directly competitive
generally means products falling under
the same HTS number used to identify
the agricultural commodity in the
petition. A ‘‘like’’ product means
substantially identical in inherent or
intrinsic characteristics, and the term
‘‘directly competitive’’ means articles
that are substantially equivalent for
commercial purposes (i.e., adapted to
the same uses and essentially
interchangeable therefore). For fishery
products, competition could be either
from farm-raised or wild-caught
products.
Authorized representative means an
entity that represents a group of
agricultural commodity producers or
fishermen.
Average price received by the
producer means the average of the 3
marketing year prices per unit received
by the producer from the first level of
sales for the commodity, not weighted
by production.
Cash receipts mean the value of
commodity marketings during the
calendar year, irrespective of the year of
production, as calculated by the
Economic Research Service of the
USDA.
Certification of eligibility means the
date on which the Administrator (FAS)
announces in the Federal Register or by
Department news release, whichever
comes first, a certification of eligibility
to apply for trade adjustment assistance.
Contributed importantly means a
cause which is important, but not
necessarily more important than any
other cause.
CSREES means the Cooperative State
Research, Education, and Extension
Service (will be renamed the National
Institute of Food and Agriculture on
October 1, 2009), the Federal agency
within the U.S. Department of
E:\FR\FM\25AUP1.SGM
25AUP1
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules
Agriculture which administers the
Federal agricultural extension programs.
Department means the U.S.
Department of Agriculture.
Family member means an individual
to whom a producer is related as
spouse, lineal ancestor, lineal
descendent, or sibling, including:
(1) Great grandparent;
(2) Grandparent;
(3) Parent;
(4) Children, including legally
adopted children;
(5) Grandchildren;
(6) Great grandchildren;
(7) Sibling of the family member in
the farming operation; and
(8) Spouse of a person listed in
paragraphs (1) through (7) of this
definition.
Filing period means the dates during
which petitions may be submitted, as
published in the Federal Register.
FSA means the Farm Service Agency
of the U.S. Department of Agriculture.
Group means three or more producers
who are not members of the same
family.
Impacted area means one or more
States of the United States.
Marketing year means the marketing
season or year designated by the
Administrator (FAS) with respect to an
agricultural commodity. In the case of
an agricultural commodity that does not
have a designated marketing year, a
calendar year will be used.
National average price means the
average price paid to producers for an
agricultural commodity in a marketing
year as determined by the National
Agricultural Statistics Service (NASS) of
the U.S. Department of Agriculture, or
the National Marine Fisheries Service of
the National Oceanic and Atmospheric
Administration, when available, or
when unavailable, as determined by the
Administrator (FAS).
Producer means a person who shares
in the risk of producing an agricultural
commodity and is entitled to a share of
the commodity for marketing; including
an operator, a sharecropper, or a person
who owns or rents the land on which
the commodity is produced; or a person
who reports gain or loss from the trade
or business of fishing on the person’s
annual Federal income tax return for the
taxable year that most closely
corresponds to the marketing year with
respect to which a petition is filed.
Raw or natural state means unaltered
by any process other than cleaning,
grading, coating, sorting, trimming,
mixing, conditioning, drying, dehulling,
shelling, chilling, cooling, blanching,
irradiating, or fumigating.
State Cooperative Extension Service
means an organization established at the
VerDate Nov<24>2008
23:52 Aug 24, 2009
Jkt 217001
land-grant college or university under
the Smith-Lever Act of May 8, 1914, as
amended (7 U.S.C. 341–349); section
209(b) of the Act of October 26, 1974,
as amended (D.C. Code, through section
31–1719(b)); or section 1444 of the
National Agricultural Research,
Extension, and Teaching Policy Act of
1977, as amended (7 U.S.C. 3221).
United States means the 50 States of
the United States, the District of
Columbia, and Puerto Rico.
Value of production means the value
of commodities produced during the
crop year calculated as production times
the marketing year average price. This
may be equal to cash receipts when the
crop year for the commodity runs from
January through December.
§ 1580.201 Petitions for trade adjustment
assistance.
(a) A group of producers in the United
States or its authorized representative
may file a petition for trade adjustment
assistance.
(b) Filings may be written or
electronic, as provided for by the
Administrator (FAS), and submitted to
FAS no later than the last day of the
filing period announced in the Federal
Register. Petitions received after this
date will be returned to the sender.
(c) Petitions shall include the
following information.
(1) Name, business address, phone
number, and email address (if available)
of each producer in the group, or its
authorized representative. The petition
shall identify a contact person for the
group.
(2) The agricultural commodity and
its Harmonized Tariff Schedule of the
United States (HTS) number.
(3) The production area represented
by the group or its authorized
representative. The petition shall
indicate if the group is filing on behalf
of all producers in the United States, or
if it is filing solely on behalf of all
producers in a specifically identified
impacted area. In the latter case, at least
one member of the group must reside in
each State within the impacted area.
(4) The beginning and ending dates
for the marketing year upon which the
petition is based. A petition may be
filed for only the most recent full
marketing year for which data are
available for national average prices, or
quantity of production, or value of
production, or cash receipts.
(5) A justification statement
explaining why the petitioners should
be considered eligible for adjustment
assistance.
(6) Supporting information justifying
the basis of the petition, including
required data for the petitioned
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
42801
marketing year and the previous 3
marketing years.
(i) Whenever possible, the petitioners
shall use national average data compiled
by the National Agricultural Statistics
Service (NASS) or the National Marine
Fisheries Service (NMFS), to determine
national average prices, or quantity of
production, or value of production, or
cash receipts. If NASS or NMFS has not
compiled such data for the commodity,
the petitioners shall provide alternative
data for the marketing year under
review and for the previous 3 marketing
years, and identify the source of the
data. In such cases the Administrator
(FAS) shall determine if the alternative
data is acceptable.
(ii) If the petition is filed on behalf of
producers in a specifically identified
impacted area, the petitioners shall
provide:
(A) The national average prices or
county prices if applicable, or quantity
of production or value of production, or
cash receipts for the petitioned
commodity in the impacted area for the
marketing year under review and for the
previous three marketing years, and
identification of the data source.
(B) [Reserved]
(iii) The Administrator (FAS) may
request petitioners to provide records to
support their data.
(d) Once the petition is received, the
Administrator (FAS) shall determine if
it meets the requirements of
§ 1580.201(c) of this section, and if so,
publish notice in the Federal Register
that a petition has been accepted and
that an investigation is being initiated.
The notice shall identify the agricultural
commodity, including any like or
directly competitive commodities, the
marketing year being investigated, the
data being used, and the production
area covered by the petition. The notice
may also announce the scheduling of a
public hearing, if requested by the
petitioner. If the petition does not meet
the requirements of § 1580.201(c) of this
section, the Administrator (FAS) shall
notify as soon as practicable the contact
person or the authorized representative
for the group of the deficiencies.
§ 1580.202 Hearings, petition reviews, and
amendments.
(a) If the petitioner, or any other
person found by the Administrator
(FAS) to have a substantial interest in
the proceedings, submits not later than
10 days after the date of publication of
notice in the Federal Register under
§ 1580.201(d) of this title, a request in
writing for a hearing, the Administrator
(FAS) shall provide for a public hearing
and afford such interested person an
E:\FR\FM\25AUP1.SGM
25AUP1
42802
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules
opportunity to be present, to produce
evidence, and to be heard.
(b) If the petitioner or any other
person having an interest in the
proceedings takes issue with any of the
information published in the Federal
Register concerning the petition, such
person may submit to the Administrator
(FAS) their comments in writing or
electronically for consideration by the
Administrator (FAS) not later than 10
days after the date of publication of
notice in the Federal Register under
§ 1580.201(d) of this title.
(c) A producer or group of producers
that resides outside of the State or
region identified in the petition filed
under paragraph (a) of this section, may
file a request to become a party to that
petition not later than 15 days after the
date that the notice is published in the
Federal Register under § 1580.201(d) of
this title. The Administrator (FAS) may
amend the original petition to expand
the impacted area and include the
additional filer, or consider it a separate
filing.
(d) The Administrator (FAS) shall
publish in the Federal Register as soon
as practicable any changes to the
original notice resulting from any
actions taken under this section.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
§ 1580.203 Determination of eligibility and
certification by the Administrator (FAS).
(a) As soon as practicable after the
petition has been accepted, but in any
event not later than 40 days after that
date, the Administrator (FAS) shall
certify a group of producers as eligible
to apply for adjustment assistance under
this chapter if the Administrator (FAS)
determines:
(1) At least one of the following:
(i) The national average price of the
agricultural commodity produced by the
group during the most recent marketing
year for which data are available is less
than 85 percent of the average of the
national average price for the
commodity in the 3 marketing years
preceding such marketing year; or
(ii) The quantity of production of the
agricultural commodity produced by the
group during such marketing year is less
than 85 percent of the average of the
quantity of production of the
commodity produced by the group in
the 3 marketing years preceding such
marketing year; or
(iii) The value of production of the
agricultural commodity produced by the
group during such marketing year is less
than 85 percent of the average value of
production of the commodity produced
by the group in the 3 marketing years
preceding such marketing year; or
(iv) The cash receipts for the
agricultural commodity produced by the
VerDate Nov<24>2008
23:52 Aug 24, 2009
Jkt 217001
group during such marketing year are
less than 85 percent of the average of the
cash receipts for the commodity
produced by the group in the 3
marketing years preceding such
marketing year;
(2) The volume of imports of articles
like or directly competitive with the
agricultural commodity produced by the
group in the marketing year with respect
to which the group files the petition
increased compared to the average
volume of such imports during the 3
marketing years preceding such
marketing year; and
(3) The increase in such imports
contributed importantly to the decrease
in the national average price, or quantity
of production, or value of production, or
cash receipts for, the agricultural
commodity.
(b) In any case in which there are
separate classes of goods within an
agricultural commodity, the
Administrator (FAS) shall treat each
class as a separate commodity in
determining;
(1) Group eligibility;
(2) The national average price, or
quantity of production, or value of
production, or cash receipts; and
(3) The volume of imports.
(c) Upon making a determination,
whether affirmative or negative, the
Administrator (FAS) shall promptly
publish in the Federal Register a
summary of the determination, together
with the reasons for making the
determination.
(d) In addition, the Administrator
(FAS) shall notify producers covered by
a certification how to apply for
adjustment assistance. Notification
methods may include direct mailings to
known producers, messages to directly
affected producer groups and
organizations, electronic
communications, website notices on the
Internet, use of broadcast print media,
and transmittal through local USDA
offices.
(e) Whenever a group of agricultural
producers is certified as eligible to
apply for assistance, the Administrator
(FAS) shall notify CSREES, Agricultural
Marketing Service and FSA who will
assist in informing other producers
about the TAA for Farmers program and
how they may apply for trade
adjustment assistance.
§ 1580.301 Application for trade
adjustment assistance.
(a) Only producers covered by a
certification of eligibility under
§ 1580.203 of this title, may apply for
adjustment assistance.
(b) An eligible producer may submit
an application for adjustment assistance
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
by submitting to FSA a designated
application form at any time after the
certification date but not later than 90
days after the certification date. If the
90-day application period ends on a
weekend or legal holiday, the producer
may apply the following business day.
(c) When submitting an application,
the producer shall provide sufficient
documentation to establish that:
(1) The producer produced the
agricultural commodity in the marketing
year for which the petition is filed and
in at least 1 of the 3 marketing years
preceding that marketing year;
(2) There has been a decrease in the
quantity of the agricultural commodity
produced by the producer in the
marketing year for which the petition is
certified from the most recent prior
marketing year preceding that marketing
year for which data is available; or
(3) There has been a decrease in the
price of the agricultural commodity
based on:
(i) The price received for the
agricultural commodity by the producer
during the marketing year with respect
to which the petition is filed from the
average price for the commodity
received by the producer in the 3
marketing years preceding that
marketing year; or
(ii) The effective posted county price
maintained by FSA for the agricultural
commodity on the date on which the
petition is filed from the average
effective posted county level price for
the commodity in the 3 marketing years
preceding the date on which the
petition is filed.
(4) If a petition is certified with
respect to a commodity not produced by
the producer every year, the producer
may establish the average price received
by the producer for the commodity in
the 3 marketing years preceding the year
in which the petition is filed by using
annual price data for the 3 most recent
marketing years in which the producer
produced the commodity.
(5) The producer must certify that
they have not received cash benefits
under the Trade Adjustment Assistance
for Workers or Trade Adjustment
Assistance for Firms programs; or TAA
for Farmers benefits based on the
production of an agricultural
commodity covered by another TAA for
Farmers petition.
(d) The producer must certify that:
(1) Their average gross nonfarm
income for the year in which the
petition is certified does not exceed
$500,000, and
(2) Their average adjusted gross farm
income does not exceed $750,000.
(e) The total amount of payments
made to a producer under this part
E:\FR\FM\25AUP1.SGM
25AUP1
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules
during any crop year may not exceed
the limitations on payments applicable
to counter-cyclical and Average Crop
Revenue Election (ACRE) payments.
(f) If requested by FSA, a producer
must provide documentation regarding
average adjusted gross income and
payment limitations.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
§ 1580.302
services.
Technical assistance and
(a) Initial Technical Assistance: A
producer covered by a certification who
has been determined by FSA to meet the
requirements of § 1580.301 of this title,
is eligible to receive Initial Technical
Assistance through CSREES to be
completed within 180 days of petition
certification. Such assistance shall
include information regarding:
(1) Improving the yield and marketing
of that agricultural commodity, and
(2) The feasibility and desirability, of
substituting one or more agricultural
commodities for that agricultural
commodity.
(b) Intensive Technical Assistance:
Upon completion of Initial Technical
Assistance, a producer is eligible to
participate in Intensive Technical
Assistance. Intensive Technical
Assistance shall consist of:
(1) A series of courses to further assist
the producer in improving the
competitiveness of producing the
agricultural commodity certified under
§ 1580.203 of this title, or another
agricultural commodity, and
(2) Assistance in developing an initial
business plan based on the courses
completed under paragraph (a) of this
section.
(c) During Intensive Technical
Assistance, CSREES shall deliver and
the producer shall be required to attend
a series of Intensive Technical
Assistance workshops relevant to the
circumstances of the producer.
(d) Initial Business Plan: Upon
completion of the Initial and Intensive
Technical Assistance, the producer shall
be required to develop an Initial
Business Plan recommended by CSREES
and approved by the Administrator
(FAS) before receiving an adjustment
assistance payment. The Initial Business
Plan will:
(1) Reflect the skills gained by the
producer through the courses described
in paragraph (c); and
(2) Demonstrate how the producer
will apply those skills to the
circumstances of the producer.
(e) Upon approval of the Initial
Business Plan, the producer will receive
an amount not to exceed $4,000 to
implement the Initial Business Plan or
develop a Long-Term Business
Adjustment Plan.
VerDate Nov<24>2008
23:52 Aug 24, 2009
Jkt 217001
(f) A producer who completes the
Intensive Technical Assistance and
whose Initial Business Plan has been
approved shall be eligible, in addition to
the amount under paragraph (e) of this
section, for assistance in developing a
Long-Term Business Adjustment Plan.
(g) Long-Term Business Adjustment
Plan: The Long-Term Business
Adjustment Plan shall:
(1) Include steps reasonably
calculated to materially contribute to
the economic adjustment of the
producer to changing market conditions;
(2) Take into consideration the
interests of the workers employed by the
producer; and
(3) Demonstrate that the producer will
have sufficient resources to implement
the business plan.
(h) Upon recommendation by CSREES
and approval of the producer’s LongTerm Business Adjustment Plan by the
Administrator (FAS), the producer shall
be entitled to receive an amount not to
exceed $8,000 to implement their LongTerm Business Adjustment Plan.
(i) The Initial Business Plan and LongTerm Business Adjustment Plan must be
completed and approved within 36
months after a petition is certified.
(j) A producer shall not receive a
combined total of more than $12,000 for
the Initial Business Plan and the Long
Term Business Adjustment Plan in the
36-month period following petition
certification.
(k) The Administrator (FAS) may
authorize supplemental assistance
necessary to defray reasonable
transportation and subsistence expenses
incurred by a producer in connection
with the initial technical assistance, if
such initial technical assistance is
provided at facilities that are not within
normal commuting distance of the
regular place of residence of the
producer. CSREES and FSA will work
with the producer and the
Administrator (FAS) to facilitate
application for and proper payment of
reasonable allowable supplemental
expenses. The Administrator (FAS) will
not authorize payments to a producer:
(1) For subsistence expenses that
exceed the lesser of:
(i) The actual per diem expenses for
subsistence incurred by a producer; or
(ii) The prevailing per diem allowance
rate authorized under Federal travel
regulations; or
(2) For travel expenses that exceed the
prevailing mileage rate authorized
under the Federal travel regulations.
42803
appropriated fiscal year funds are
available to provide maximum cash
benefits to all eligible applicants, after
having deducted estimated
transportation and substance payments
and administrative and technical
assistance costs, the Administrator
(FAS) shall prorate cash payments to
producers for the approved initial and
long-term business plans.
(b) Any producer who may be entitled
to a payment may assign their rights to
such payment in accordance with 7 CFR
part 1404 or successor regulations as
designated by the Department.
(c) In the case of death, incompetency,
disappearance, or dissolution of a
producer that is eligible to receive
benefits in accordance with this part,
such producer or producers specified in
7 CFR part 707 may receive such
benefits.
§ 1580.401 Subsequent year petition
recertification.
(a) Prior to the anniversary of the
petition certification date:
(1) Groups or authorized
representatives that provided the data to
justify their initial petition shall provide
the Administrator (FAS) data for the
most recent marketing year, and
(2) The Administrator (FAS) shall
make a determination with respect to
the re-certification of petitions for the
subsequent year by applying criteria as
set forth in § 1580.203 of this title for
the most recent marketing year.
(b) The Administrator (FAS) will
promptly publish in the Federal
Register the determination with the
reasons for the determination.
(c) If a petition is re-certified, only
eligible producers who did not receive
training and cash benefits under this
program may apply.
§ 1580.501
Administration.
(a) The petition process will be
administered by FAS. FAS will publish
in the Federal Register the filing dates
for commodity groups to file petitions.
(b) FSA will administer the producer
application and payment process.
(c) State and county FSA committees
and representatives do not have the
authority to modify or waive any of the
provisions of this part.
(d) The technical assistance process
and the recommendation for approval of
all producer business plans will be
under the general supervision of
CSREES. CSREES may award the
technical assistance and services to a
state cooperative extension service.
§ 1580.303 Adjustment assistance
payments.
§ 1580.502 Maintenance of records, audits
and compliance.
(a) If the Administrator (FAS)
determines that insufficient
(a) Producers making application for
benefits under this program must
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
E:\FR\FM\25AUP1.SGM
25AUP1
jlentini on DSKJ8SOYB1PROD with PROPOSALS
42804
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 / Proposed Rules
maintain accurate records and accounts
that will document that they meet all
eligibility requirements specified
herein, as may be requested. Such
records and accounts must be retained
for 2 years after the date of the final
payment to the producer under this
program.
(b) At all times during regular
business hours, authorized
representatives of the U.S. Department
of Agriculture or any agency thereof, the
Comptroller General of the United
States shall have access to the premises
of the producer in order to inspect,
examine, and make copies of the books,
records, and accounts, and other written
data as specified in paragraph (a) of this
section.
(c) Audits of certifications of average
adjusted gross income may be
conducted as necessary to determine
compliance with the requirements of
this subpart. As a part of this audit,
income tax forms may be requested and
if requested, must be supplied. If a
producer has submitted information to
FSA, including a certification from a
certified public accountant or attorney,
that relied upon information from a
form previously filed with the Internal
Revenue Service, such producer shall
provide FSA a copy of any amended
form filed with the Internal Revenue
Service within 30 days of the filing.
(d) If requested in writing by the U.S.
Department of Agriculture or any
agency thereof, or the Comptroller
General of the United States, the
producer shall provide all information
and documentation the reviewing
authority determines necessary to verify
any information or certification
provided under this subpart, including
all documents referred to in
§ 1580.301(c) of this title, within 30
days. Acceptable production
documentation may be submitted by
facsimile, in person, or by mail and may
include copies of receipts, ledgers,
income statements, deposit slips,
register tapes, invoices for custom
harvesting, records to verify production
costs, contemporaneous measurements,
truck scale tickets, fish tickets, landing
reports, and contemporaneous diaries
that are determined acceptable. Failure
to provide necessary and accurate
information to verify compliance, or
failure to comply with this part’s
requirements, will result in ineligibility
for all program benefits subject to this
part for the year or years subject to the
request.
§ 1580.503
Recovery of overpayments.
(a) If the Administrator (FAS)
determines that any producer has
received any payment under this
VerDate Nov<24>2008
23:52 Aug 24, 2009
Jkt 217001
program to which the producer was not
entitled, or has expended funds
received under this program for any
purpose that was not approved by the
Administrator (FAS) such producer will
be liable to repay such amount. The
Administrator (FAS) may waive such
repayment if it is determined that:
(1) The payment was made without
fault on the part of the producer; and
(2) Requiring such repayment would
be contrary to equity and good
conscience.
(b) Unless an overpayment is
otherwise recovered, or waived under
paragraph (a) of this section, the
Administrator (FAS) shall recover the
overpayment as a debt following the
procedures in 7 CFR part 3. The
requirement for demand and notice and
opportunity for a hearing under the debt
collection procedures in 7 CFR part 3
shall satisfy the notice and hearing
requirements under 19 U.S.C. 2401f(c),
and the appeal procedures in § 1580.505
of this title shall not apply to collection
of overpayments.
§ 1580.504 Debarment and suspension
and penalties.
(a) Generally. The regulations
governing Governmentwide Debarment
and Suspension (Nonprocurement), 7
CFR part 3017, and Government
Requirements for Drug-Free Workplace
(Financial Assistance), 7 CFR part 3021,
apply to this part.
(b) Additional specific suspension
and debarment provision for this
program. In addition to any other
debarment or suspension of a producer
under paragraph (a) of this section, in
connection with this program, if the
Administrator (FAS) or a court of
competent jurisdiction determines that a
producer:
(1) Knowingly has made, or caused
another to make, a false statement or
representation of a material fact, or
(2) Knowingly has failed, or caused
another to fail, to disclose a material
fact; and, as a result of such false
statement or representation, or of such
nondisclosure, such producer has
received any payment under this
program to which the producer was not
entitled, the Administrator (FAS) shall
suspend and debar such producer from
any future payments under this
program, as provided in 19 U.S.C.
2401f(b).
(c) Criminal penalty. Whoever makes
a false statement of a material fact
knowing it to be false, or knowingly
fails to disclose a material fact, for the
purpose of obtaining or increasing for
himself or for any other producer any
payments authorized to be furnished
under this program shall be fined not
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
more than $10,000 or imprisoned for not
more than 1 year, or both.
§ 1580.505
Appeals.
(a) A producer adversely affected by
a determination with respect to their
application for trade adjustment
assistance under § 1580.301 or with
respect to the receipt of technical
assistance or payments under
§ 1580.302 may file a notice of appeal
within 30 days of the date that the
notification of the adverse
determination was sent. The notice of
appeal should indicate whether the
producer is requesting a hearing.
(b) Any hearing conducted under
paragraph (a) of this section, shall be in
accordance with instructions issued by
the Administrator (FAS).
(c) A producer may not seek judicial
review of any adverse decision under
this paragraph without receiving a final
determination pursuant to this
paragraph.
§ 1580.506
Judicial review.
Any producer aggrieved by a final
agency determination under this part
may appeal to the U.S. Court of
International Trade for a review of such
determination in accordance with its
rules and procedures.
§ 1580.602 Paperwork Reduction Act
assigned number.
The information collection
requirements contained in these
regulations (7 CFR part 1580) have been
approved by the Office of Management
and Budget (OMB) under the provisions
of 44 U.S.C. Chapter 35 and been
assigned OMB control number 0551–
0040.
Dated: June 10, 2009.
Michael V. Michener,
Administrator, Foreign Agricultural Service.
[FR Doc. E9–20345 Filed 8–24–09; 8:45 am]
BILLING CODE 3410–10–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0717; Directorate
Identifier 2009–NM–002–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A310 Airplanes
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
E:\FR\FM\25AUP1.SGM
25AUP1
Agencies
[Federal Register Volume 74, Number 163 (Tuesday, August 25, 2009)]
[Proposed Rules]
[Pages 42799-42804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20345]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 74, No. 163 / Tuesday, August 25, 2009 /
Proposed Rules
[[Page 42799]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
7 CFR Part 1580
RIN 0551-AA80
Trade Adjustment Assistance for Farmers
AGENCY: Foreign Agricultural Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The American Recovery and Reinvestment Act of 2009
reauthorizes and modifies the Trade Adjustment Assistance for Farmers
program as established by Subtitle C of Title I of the Trade Act of
2002, which amended the Trade Act of 1974. Under this program, the U.S.
Department of Agriculture (USDA) provides technical assistance and cash
benefits to eligible producers of raw agricultural commodities and
fishermen (jointly referred to as ``producers'') when the Foreign
Agricultural Service (FAS) Administrator determines that increased
imports of raw agricultural commodities, aquaculture products, or wild-
caught aquatic species (jointly referred to as ``agricultural
commodities'') have contributed importantly to a greater than 15
percent decrease in the national average price, or quantity of
production, or value of production, or cash receipts for the
agricultural commodity specified in the certified petition compared to
the average of the three preceding marketing years. The rule
establishes the procedure by which a group can submit a petition for
certification of eligibility and individual producers of agricultural
commodities can apply for technical assistance and cash benefits for
the development and implementation of approved business adjustment
plans.
DATES: Comments should be received on or before September 24, 2009, to
be assured consideration.
ADDRESSES: Comments should be mailed or delivered to The Trade
Adjustment Assistance for Farmers Staff, Import Policies and Export
Reporting Division, Office of Trade Programs, Foreign Agricultural
Service, 1400 Independence Avenue, SW., STOP 1021, Washington, DC
20250-1021. Comments can also be e-mailed to
tradeadjustment@fas.usda.gov. Comments received may be inspected
between 10 a.m. and 4 p.m. in Suite 100, 1250 Maryland Avenue, SW.,
Washington, DC 20034.
FOR FURTHER INFORMATION CONTACT: The Trade Adjustment Assistance for
Farmers Staff, Import Policies and Export Reporting Division, Office of
Trade Programs, Foreign Agricultural Service, 1400 Independence Avenue,
SW., STOP 1021; e-mail: tradeadjustment@fas.usda.gov; telephone: (202)
720-0638; fax (202) 720-8461. Persons with disabilities who require
alternative means for communication of program information (Braille,
large print, audiotape, etc.) should contact the USDA Office of
Communications at (202) 720-5881 (voice) or (202) 720-7808 (TDD).
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Office of Management and Budget (OMB) designated this rule as
significant under Executive Order 12866 and, therefore, it has been
reviewed by OMB. A cost-benefit assessment for the proposed rule has
been prepared and is available from the information contact cited
above.
Regulatory Flexibility Act
The Regulatory Flexibility Act ensures that regulatory and
information requirements are tailored to the size and nature of small
businesses, small organizations, and small governmental jurisdictions.
This rule will not have a significant economic impact on a substantial
number of small farm operations. Participation in the program is
voluntary. Direct and indirect costs are likely to be very small as a
percentage of revenue and in terms of absolute costs. The minimal
regulatory requirements impact large and small businesses equally, and
the program's benefits should improve cash flow and liquidity for
farmers participating in the program.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995; FAS has
previously received approval from the OMB with respect to the
information collection required to support this program. The
information collection is described below:
Title: Trade Adjustment Assistance for Farmers.
OMB Control Number: 0551-0040.
Executive Order 12988
This rule has been reviewed under Executive Order 12988. The
provisions of this rule would not have preemptive effect with respect
to any State or local laws, regulations, or policies which conflict
with such provision or which otherwise impede their full
implementation. The rule would not have retroactive effect. Before any
judicial action may be brought regarding this rule, all administrative
remedies must be exhausted.
National Environmental Policy Act
The Administrator (FAS) has determined that this action will not
have a significant effect on the quality of the human environment.
Therefore, neither an Environmental Assessment nor an Environmental
Impact Statement is necessary for this rule.
Executive Orders 12372, 13083 and 13084, and the Unfunded Mandates
Reform Act (Pub. L. 104-4)
These Executive Orders and Public Law 104-4 require consultation
with State and local officials and Indian tribal governments. This rule
does not impose an unfunded mandate or any other requirement on State,
local or tribal governments. Accordingly, these programs are not
subject to the provisions of Executive Order 12372, Executive Order
13083, and Executive Order 13084, or the Unfunded Mandates Reform Act.
Executive Order 12630
This Order requires careful evaluation of governmental actions that
interfere with constitutionally protected property rights. This rule
would not interfere with any property rights and, therefore, does not
need to be evaluated on the basis of the criteria outlined in Executive
Order 12630.
[[Page 42800]]
Background
The American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)
reauthorizes and modifies the Trade Adjustment Assistance (TAA) for
Farmers program and provides both technical assistance and cash
benefits to producers as established by Subtitle C of Title I of the
Trade Act of 2002 (Pub. L. 107-210), which amended the Trade Act of
1974. The statute authorizes an appropriation of not more than $90
million per year for the 2009 and 2010 fiscal years, and $22.5 million
for the period beginning October 1, 2010 and ending December 31, 2010
to carry out the program; including USDA salaries and expenses.
Under this rule, a group of producers may petition the
Administrator (FAS) for trade adjustment assistance during the petition
period announced in the Federal Register. Petitioners must submit data
on either the national average price, or quantity of production, or
value of production, or cash receipts for the agricultural commodity
for the most recent marketing year for which data are available and the
three preceding marketing years. FAS will first review the petition for
appropriateness, completeness, and timeliness, before publishing a
notice in the Federal Register that it has been accepted. The Economic
Research Service (ERS) will then conduct a market study to verify the
decline in the national average price, or quantity of production, or
value of production, or cash receipts for the petitioned commodity, and
to assess possible causes, taking into due account any special factors
which may have affected prices, including imports, exports, production,
changes in consumer preferences, weather conditions, diseases, and
other relevant issues. ERS will report its findings to the
Administrator (FAS) who will review and determine whether or not to
certify the petitioning group's eligibility for trade adjustment
assistance.
Upon certification of the petition, producers have 90 days to
contact the Farm Service Agency (FSA) to apply for assistance. As soon
as producers are found eligible, they may receive: (1) training
specifically tailored to their needs by the Cooperative State Research,
Education, and Extension Service (CSREES); and under certain
circumstances (2) travel and per diem payments to help offset costs
incurred to attend initial training. Depending on the commodity and the
region, the training package may include technical publications in
print or on-line, group seminars and presentations, one-on-one
meetings, and assistance in the development of business adjustment
plans. Producers who satisfy personal and farm income limits; complete
the designated technical training; and develop and implement approved
business plans are eligible for TAA for Farmers cash benefits. During
the 36-month period following certification of the petition by the
Administrator (FAS), a producer may receive not more than $12,000 for
the development and implementation of business plans approved under the
TAA for Farmers program. If the funding authorized by Congress is
insufficient to pay 100 percent of all TAA for Farmers obligations
during the fiscal year, the payments provided for business plan
development and implementation will be reduced proportionately, as
determined by the Administrator (FAS).
List of Subjects in 7 CFR Part 1580
Agricultural commodity imports, Reporting and recordkeeping
requirements, and Trade adjustment assistance.
For the reasons set out in the preamble, 7 CFR part 1580 is
proposed to be revised to read as follows:
PART 1580--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec.
1580.101 General statement.
1580.102 Definitions.
1580.201 Petitions for trade adjustment assistance.
1580.202 Hearings, petition reviews, and amendments.
1580.203 Determination of eligibility and certification by the
Administrator (FAS).
1580.301 Application for trade adjustment assistance.
1580.302 Technical assistance and services.
1580.303 Adjustment assistance payments.
1580.401 Subsequent year recertification.
1580.501 Administration.
1580.502 Maintenance of records, audits and compliance.
1580.503 Recovery of overpayments.
1580.504 Debarment and suspension and penalties.
1580.505 Appeals.
1580.506 Judicial Review.
1580.602 Paperwork Reduction Act assigned number.
Authority: 19 U.S.C. 2401.
Sec. 1580.101 General statement.
This part provides regulations for the Trade Adjustment Assistance
(TAA) for Farmers program as authorized by the Trade Act of 1974,
amended by Subtitle C of Title I of the Trade Act of 2002 (Pub. L. 107-
210), and re-authorized and modified by the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5). The regulations establish
procedures by which a group of producers of raw agricultural
commodities or fishermen (jointly referred to as ``producers'') can
petition for certification of eligibility and through which individual
producers covered by a certified petition can apply for technical
assistance and cash benefits for the development and implementation of
approved business adjustment plans.
Sec. 1580.102 Definitions.
As used in the part, the following terms mean:
Agricultural commodity means any commodity in its raw or natural
state; found in chapters 1, 3, 4, 5, 6, 7, 8, 10, 12, 14, 23, 24, 41,
51, and 52 of the Harmonized Tariff Schedule of the United States
(HTS).
Articles like or directly competitive generally means products
falling under the same HTS number used to identify the agricultural
commodity in the petition. A ``like'' product means substantially
identical in inherent or intrinsic characteristics, and the term
``directly competitive'' means articles that are substantially
equivalent for commercial purposes (i.e., adapted to the same uses and
essentially interchangeable therefore). For fishery products,
competition could be either from farm-raised or wild-caught products.
Authorized representative means an entity that represents a group
of agricultural commodity producers or fishermen.
Average price received by the producer means the average of the 3
marketing year prices per unit received by the producer from the first
level of sales for the commodity, not weighted by production.
Cash receipts mean the value of commodity marketings during the
calendar year, irrespective of the year of production, as calculated by
the Economic Research Service of the USDA.
Certification of eligibility means the date on which the
Administrator (FAS) announces in the Federal Register or by Department
news release, whichever comes first, a certification of eligibility to
apply for trade adjustment assistance.
Contributed importantly means a cause which is important, but not
necessarily more important than any other cause.
CSREES means the Cooperative State Research, Education, and
Extension Service (will be renamed the National Institute of Food and
Agriculture on October 1, 2009), the Federal agency within the U.S.
Department of
[[Page 42801]]
Agriculture which administers the Federal agricultural extension
programs.
Department means the U.S. Department of Agriculture.
Family member means an individual to whom a producer is related as
spouse, lineal ancestor, lineal descendent, or sibling, including:
(1) Great grandparent;
(2) Grandparent;
(3) Parent;
(4) Children, including legally adopted children;
(5) Grandchildren;
(6) Great grandchildren;
(7) Sibling of the family member in the farming operation; and
(8) Spouse of a person listed in paragraphs (1) through (7) of this
definition.
Filing period means the dates during which petitions may be
submitted, as published in the Federal Register.
FSA means the Farm Service Agency of the U.S. Department of
Agriculture.
Group means three or more producers who are not members of the same
family.
Impacted area means one or more States of the United States.
Marketing year means the marketing season or year designated by the
Administrator (FAS) with respect to an agricultural commodity. In the
case of an agricultural commodity that does not have a designated
marketing year, a calendar year will be used.
National average price means the average price paid to producers
for an agricultural commodity in a marketing year as determined by the
National Agricultural Statistics Service (NASS) of the U.S. Department
of Agriculture, or the National Marine Fisheries Service of the
National Oceanic and Atmospheric Administration, when available, or
when unavailable, as determined by the Administrator (FAS).
Producer means a person who shares in the risk of producing an
agricultural commodity and is entitled to a share of the commodity for
marketing; including an operator, a sharecropper, or a person who owns
or rents the land on which the commodity is produced; or a person who
reports gain or loss from the trade or business of fishing on the
person's annual Federal income tax return for the taxable year that
most closely corresponds to the marketing year with respect to which a
petition is filed.
Raw or natural state means unaltered by any process other than
cleaning, grading, coating, sorting, trimming, mixing, conditioning,
drying, dehulling, shelling, chilling, cooling, blanching, irradiating,
or fumigating.
State Cooperative Extension Service means an organization
established at the land-grant college or university under the Smith-
Lever Act of May 8, 1914, as amended (7 U.S.C. 341-349); section 209(b)
of the Act of October 26, 1974, as amended (D.C. Code, through section
31-1719(b)); or section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977, as amended (7 U.S.C. 3221).
United States means the 50 States of the United States, the
District of Columbia, and Puerto Rico.
Value of production means the value of commodities produced during
the crop year calculated as production times the marketing year average
price. This may be equal to cash receipts when the crop year for the
commodity runs from January through December.
Sec. 1580.201 Petitions for trade adjustment assistance.
(a) A group of producers in the United States or its authorized
representative may file a petition for trade adjustment assistance.
(b) Filings may be written or electronic, as provided for by the
Administrator (FAS), and submitted to FAS no later than the last day of
the filing period announced in the Federal Register. Petitions received
after this date will be returned to the sender.
(c) Petitions shall include the following information.
(1) Name, business address, phone number, and email address (if
available) of each producer in the group, or its authorized
representative. The petition shall identify a contact person for the
group.
(2) The agricultural commodity and its Harmonized Tariff Schedule
of the United States (HTS) number.
(3) The production area represented by the group or its authorized
representative. The petition shall indicate if the group is filing on
behalf of all producers in the United States, or if it is filing solely
on behalf of all producers in a specifically identified impacted area.
In the latter case, at least one member of the group must reside in
each State within the impacted area.
(4) The beginning and ending dates for the marketing year upon
which the petition is based. A petition may be filed for only the most
recent full marketing year for which data are available for national
average prices, or quantity of production, or value of production, or
cash receipts.
(5) A justification statement explaining why the petitioners should
be considered eligible for adjustment assistance.
(6) Supporting information justifying the basis of the petition,
including required data for the petitioned marketing year and the
previous 3 marketing years.
(i) Whenever possible, the petitioners shall use national average
data compiled by the National Agricultural Statistics Service (NASS) or
the National Marine Fisheries Service (NMFS), to determine national
average prices, or quantity of production, or value of production, or
cash receipts. If NASS or NMFS has not compiled such data for the
commodity, the petitioners shall provide alternative data for the
marketing year under review and for the previous 3 marketing years, and
identify the source of the data. In such cases the Administrator (FAS)
shall determine if the alternative data is acceptable.
(ii) If the petition is filed on behalf of producers in a
specifically identified impacted area, the petitioners shall provide:
(A) The national average prices or county prices if applicable, or
quantity of production or value of production, or cash receipts for the
petitioned commodity in the impacted area for the marketing year under
review and for the previous three marketing years, and identification
of the data source.
(B) [Reserved]
(iii) The Administrator (FAS) may request petitioners to provide
records to support their data.
(d) Once the petition is received, the Administrator (FAS) shall
determine if it meets the requirements of Sec. 1580.201(c) of this
section, and if so, publish notice in the Federal Register that a
petition has been accepted and that an investigation is being
initiated. The notice shall identify the agricultural commodity,
including any like or directly competitive commodities, the marketing
year being investigated, the data being used, and the production area
covered by the petition. The notice may also announce the scheduling of
a public hearing, if requested by the petitioner. If the petition does
not meet the requirements of Sec. 1580.201(c) of this section, the
Administrator (FAS) shall notify as soon as practicable the contact
person or the authorized representative for the group of the
deficiencies.
Sec. 1580.202 Hearings, petition reviews, and amendments.
(a) If the petitioner, or any other person found by the
Administrator (FAS) to have a substantial interest in the proceedings,
submits not later than 10 days after the date of publication of notice
in the Federal Register under Sec. 1580.201(d) of this title, a
request in writing for a hearing, the Administrator (FAS) shall provide
for a public hearing and afford such interested person an
[[Page 42802]]
opportunity to be present, to produce evidence, and to be heard.
(b) If the petitioner or any other person having an interest in the
proceedings takes issue with any of the information published in the
Federal Register concerning the petition, such person may submit to the
Administrator (FAS) their comments in writing or electronically for
consideration by the Administrator (FAS) not later than 10 days after
the date of publication of notice in the Federal Register under Sec.
1580.201(d) of this title.
(c) A producer or group of producers that resides outside of the
State or region identified in the petition filed under paragraph (a) of
this section, may file a request to become a party to that petition not
later than 15 days after the date that the notice is published in the
Federal Register under Sec. 1580.201(d) of this title. The
Administrator (FAS) may amend the original petition to expand the
impacted area and include the additional filer, or consider it a
separate filing.
(d) The Administrator (FAS) shall publish in the Federal Register
as soon as practicable any changes to the original notice resulting
from any actions taken under this section.
Sec. 1580.203 Determination of eligibility and certification by the
Administrator (FAS).
(a) As soon as practicable after the petition has been accepted,
but in any event not later than 40 days after that date, the
Administrator (FAS) shall certify a group of producers as eligible to
apply for adjustment assistance under this chapter if the Administrator
(FAS) determines:
(1) At least one of the following:
(i) The national average price of the agricultural commodity
produced by the group during the most recent marketing year for which
data are available is less than 85 percent of the average of the
national average price for the commodity in the 3 marketing years
preceding such marketing year; or
(ii) The quantity of production of the agricultural commodity
produced by the group during such marketing year is less than 85
percent of the average of the quantity of production of the commodity
produced by the group in the 3 marketing years preceding such marketing
year; or
(iii) The value of production of the agricultural commodity
produced by the group during such marketing year is less than 85
percent of the average value of production of the commodity produced by
the group in the 3 marketing years preceding such marketing year; or
(iv) The cash receipts for the agricultural commodity produced by
the group during such marketing year are less than 85 percent of the
average of the cash receipts for the commodity produced by the group in
the 3 marketing years preceding such marketing year;
(2) The volume of imports of articles like or directly competitive
with the agricultural commodity produced by the group in the marketing
year with respect to which the group files the petition increased
compared to the average volume of such imports during the 3 marketing
years preceding such marketing year; and
(3) The increase in such imports contributed importantly to the
decrease in the national average price, or quantity of production, or
value of production, or cash receipts for, the agricultural commodity.
(b) In any case in which there are separate classes of goods within
an agricultural commodity, the Administrator (FAS) shall treat each
class as a separate commodity in determining;
(1) Group eligibility;
(2) The national average price, or quantity of production, or value
of production, or cash receipts; and
(3) The volume of imports.
(c) Upon making a determination, whether affirmative or negative,
the Administrator (FAS) shall promptly publish in the Federal Register
a summary of the determination, together with the reasons for making
the determination.
(d) In addition, the Administrator (FAS) shall notify producers
covered by a certification how to apply for adjustment assistance.
Notification methods may include direct mailings to known producers,
messages to directly affected producer groups and organizations,
electronic communications, website notices on the Internet, use of
broadcast print media, and transmittal through local USDA offices.
(e) Whenever a group of agricultural producers is certified as
eligible to apply for assistance, the Administrator (FAS) shall notify
CSREES, Agricultural Marketing Service and FSA who will assist in
informing other producers about the TAA for Farmers program and how
they may apply for trade adjustment assistance.
Sec. 1580.301 Application for trade adjustment assistance.
(a) Only producers covered by a certification of eligibility under
Sec. 1580.203 of this title, may apply for adjustment assistance.
(b) An eligible producer may submit an application for adjustment
assistance by submitting to FSA a designated application form at any
time after the certification date but not later than 90 days after the
certification date. If the 90-day application period ends on a weekend
or legal holiday, the producer may apply the following business day.
(c) When submitting an application, the producer shall provide
sufficient documentation to establish that:
(1) The producer produced the agricultural commodity in the
marketing year for which the petition is filed and in at least 1 of the
3 marketing years preceding that marketing year;
(2) There has been a decrease in the quantity of the agricultural
commodity produced by the producer in the marketing year for which the
petition is certified from the most recent prior marketing year
preceding that marketing year for which data is available; or
(3) There has been a decrease in the price of the agricultural
commodity based on:
(i) The price received for the agricultural commodity by the
producer during the marketing year with respect to which the petition
is filed from the average price for the commodity received by the
producer in the 3 marketing years preceding that marketing year; or
(ii) The effective posted county price maintained by FSA for the
agricultural commodity on the date on which the petition is filed from
the average effective posted county level price for the commodity in
the 3 marketing years preceding the date on which the petition is
filed.
(4) If a petition is certified with respect to a commodity not
produced by the producer every year, the producer may establish the
average price received by the producer for the commodity in the 3
marketing years preceding the year in which the petition is filed by
using annual price data for the 3 most recent marketing years in which
the producer produced the commodity.
(5) The producer must certify that they have not received cash
benefits under the Trade Adjustment Assistance for Workers or Trade
Adjustment Assistance for Firms programs; or TAA for Farmers benefits
based on the production of an agricultural commodity covered by another
TAA for Farmers petition.
(d) The producer must certify that:
(1) Their average gross nonfarm income for the year in which the
petition is certified does not exceed $500,000, and
(2) Their average adjusted gross farm income does not exceed
$750,000.
(e) The total amount of payments made to a producer under this part
[[Page 42803]]
during any crop year may not exceed the limitations on payments
applicable to counter-cyclical and Average Crop Revenue Election (ACRE)
payments.
(f) If requested by FSA, a producer must provide documentation
regarding average adjusted gross income and payment limitations.
Sec. 1580.302 Technical assistance and services.
(a) Initial Technical Assistance: A producer covered by a
certification who has been determined by FSA to meet the requirements
of Sec. 1580.301 of this title, is eligible to receive Initial
Technical Assistance through CSREES to be completed within 180 days of
petition certification. Such assistance shall include information
regarding:
(1) Improving the yield and marketing of that agricultural
commodity, and
(2) The feasibility and desirability, of substituting one or more
agricultural commodities for that agricultural commodity.
(b) Intensive Technical Assistance: Upon completion of Initial
Technical Assistance, a producer is eligible to participate in
Intensive Technical Assistance. Intensive Technical Assistance shall
consist of:
(1) A series of courses to further assist the producer in improving
the competitiveness of producing the agricultural commodity certified
under Sec. 1580.203 of this title, or another agricultural commodity,
and
(2) Assistance in developing an initial business plan based on the
courses completed under paragraph (a) of this section.
(c) During Intensive Technical Assistance, CSREES shall deliver and
the producer shall be required to attend a series of Intensive
Technical Assistance workshops relevant to the circumstances of the
producer.
(d) Initial Business Plan: Upon completion of the Initial and
Intensive Technical Assistance, the producer shall be required to
develop an Initial Business Plan recommended by CSREES and approved by
the Administrator (FAS) before receiving an adjustment assistance
payment. The Initial Business Plan will:
(1) Reflect the skills gained by the producer through the courses
described in paragraph (c); and
(2) Demonstrate how the producer will apply those skills to the
circumstances of the producer.
(e) Upon approval of the Initial Business Plan, the producer will
receive an amount not to exceed $4,000 to implement the Initial
Business Plan or develop a Long-Term Business Adjustment Plan.
(f) A producer who completes the Intensive Technical Assistance and
whose Initial Business Plan has been approved shall be eligible, in
addition to the amount under paragraph (e) of this section, for
assistance in developing a Long-Term Business Adjustment Plan.
(g) Long-Term Business Adjustment Plan: The Long-Term Business
Adjustment Plan shall:
(1) Include steps reasonably calculated to materially contribute to
the economic adjustment of the producer to changing market conditions;
(2) Take into consideration the interests of the workers employed
by the producer; and
(3) Demonstrate that the producer will have sufficient resources to
implement the business plan.
(h) Upon recommendation by CSREES and approval of the producer's
Long-Term Business Adjustment Plan by the Administrator (FAS), the
producer shall be entitled to receive an amount not to exceed $8,000 to
implement their Long-Term Business Adjustment Plan.
(i) The Initial Business Plan and Long-Term Business Adjustment
Plan must be completed and approved within 36 months after a petition
is certified.
(j) A producer shall not receive a combined total of more than
$12,000 for the Initial Business Plan and the Long Term Business
Adjustment Plan in the 36-month period following petition
certification.
(k) The Administrator (FAS) may authorize supplemental assistance
necessary to defray reasonable transportation and subsistence expenses
incurred by a producer in connection with the initial technical
assistance, if such initial technical assistance is provided at
facilities that are not within normal commuting distance of the regular
place of residence of the producer. CSREES and FSA will work with the
producer and the Administrator (FAS) to facilitate application for and
proper payment of reasonable allowable supplemental expenses. The
Administrator (FAS) will not authorize payments to a producer:
(1) For subsistence expenses that exceed the lesser of:
(i) The actual per diem expenses for subsistence incurred by a
producer; or
(ii) The prevailing per diem allowance rate authorized under
Federal travel regulations; or
(2) For travel expenses that exceed the prevailing mileage rate
authorized under the Federal travel regulations.
Sec. 1580.303 Adjustment assistance payments.
(a) If the Administrator (FAS) determines that insufficient
appropriated fiscal year funds are available to provide maximum cash
benefits to all eligible applicants, after having deducted estimated
transportation and substance payments and administrative and technical
assistance costs, the Administrator (FAS) shall prorate cash payments
to producers for the approved initial and long-term business plans.
(b) Any producer who may be entitled to a payment may assign their
rights to such payment in accordance with 7 CFR part 1404 or successor
regulations as designated by the Department.
(c) In the case of death, incompetency, disappearance, or
dissolution of a producer that is eligible to receive benefits in
accordance with this part, such producer or producers specified in 7
CFR part 707 may receive such benefits.
Sec. 1580.401 Subsequent year petition recertification.
(a) Prior to the anniversary of the petition certification date:
(1) Groups or authorized representatives that provided the data to
justify their initial petition shall provide the Administrator (FAS)
data for the most recent marketing year, and
(2) The Administrator (FAS) shall make a determination with respect
to the re-certification of petitions for the subsequent year by
applying criteria as set forth in Sec. 1580.203 of this title for the
most recent marketing year.
(b) The Administrator (FAS) will promptly publish in the Federal
Register the determination with the reasons for the determination.
(c) If a petition is re-certified, only eligible producers who did
not receive training and cash benefits under this program may apply.
Sec. 1580.501 Administration.
(a) The petition process will be administered by FAS. FAS will
publish in the Federal Register the filing dates for commodity groups
to file petitions.
(b) FSA will administer the producer application and payment
process.
(c) State and county FSA committees and representatives do not have
the authority to modify or waive any of the provisions of this part.
(d) The technical assistance process and the recommendation for
approval of all producer business plans will be under the general
supervision of CSREES. CSREES may award the technical assistance and
services to a state cooperative extension service.
Sec. 1580.502 Maintenance of records, audits and compliance.
(a) Producers making application for benefits under this program
must
[[Page 42804]]
maintain accurate records and accounts that will document that they
meet all eligibility requirements specified herein, as may be
requested. Such records and accounts must be retained for 2 years after
the date of the final payment to the producer under this program.
(b) At all times during regular business hours, authorized
representatives of the U.S. Department of Agriculture or any agency
thereof, the Comptroller General of the United States shall have access
to the premises of the producer in order to inspect, examine, and make
copies of the books, records, and accounts, and other written data as
specified in paragraph (a) of this section.
(c) Audits of certifications of average adjusted gross income may
be conducted as necessary to determine compliance with the requirements
of this subpart. As a part of this audit, income tax forms may be
requested and if requested, must be supplied. If a producer has
submitted information to FSA, including a certification from a
certified public accountant or attorney, that relied upon information
from a form previously filed with the Internal Revenue Service, such
producer shall provide FSA a copy of any amended form filed with the
Internal Revenue Service within 30 days of the filing.
(d) If requested in writing by the U.S. Department of Agriculture
or any agency thereof, or the Comptroller General of the United States,
the producer shall provide all information and documentation the
reviewing authority determines necessary to verify any information or
certification provided under this subpart, including all documents
referred to in Sec. 1580.301(c) of this title, within 30 days.
Acceptable production documentation may be submitted by facsimile, in
person, or by mail and may include copies of receipts, ledgers, income
statements, deposit slips, register tapes, invoices for custom
harvesting, records to verify production costs, contemporaneous
measurements, truck scale tickets, fish tickets, landing reports, and
contemporaneous diaries that are determined acceptable. Failure to
provide necessary and accurate information to verify compliance, or
failure to comply with this part's requirements, will result in
ineligibility for all program benefits subject to this part for the
year or years subject to the request.
Sec. 1580.503 Recovery of overpayments.
(a) If the Administrator (FAS) determines that any producer has
received any payment under this program to which the producer was not
entitled, or has expended funds received under this program for any
purpose that was not approved by the Administrator (FAS) such producer
will be liable to repay such amount. The Administrator (FAS) may waive
such repayment if it is determined that:
(1) The payment was made without fault on the part of the producer;
and
(2) Requiring such repayment would be contrary to equity and good
conscience.
(b) Unless an overpayment is otherwise recovered, or waived under
paragraph (a) of this section, the Administrator (FAS) shall recover
the overpayment as a debt following the procedures in 7 CFR part 3. The
requirement for demand and notice and opportunity for a hearing under
the debt collection procedures in 7 CFR part 3 shall satisfy the notice
and hearing requirements under 19 U.S.C. 2401f(c), and the appeal
procedures in Sec. 1580.505 of this title shall not apply to
collection of overpayments.
Sec. 1580.504 Debarment and suspension and penalties.
(a) Generally. The regulations governing Governmentwide Debarment
and Suspension (Nonprocurement), 7 CFR part 3017, and Government
Requirements for Drug-Free Workplace (Financial Assistance), 7 CFR part
3021, apply to this part.
(b) Additional specific suspension and debarment provision for this
program. In addition to any other debarment or suspension of a producer
under paragraph (a) of this section, in connection with this program,
if the Administrator (FAS) or a court of competent jurisdiction
determines that a producer:
(1) Knowingly has made, or caused another to make, a false
statement or representation of a material fact, or
(2) Knowingly has failed, or caused another to fail, to disclose a
material fact; and, as a result of such false statement or
representation, or of such nondisclosure, such producer has received
any payment under this program to which the producer was not entitled,
the Administrator (FAS) shall suspend and debar such producer from any
future payments under this program, as provided in 19 U.S.C. 2401f(b).
(c) Criminal penalty. Whoever makes a false statement of a material
fact knowing it to be false, or knowingly fails to disclose a material
fact, for the purpose of obtaining or increasing for himself or for any
other producer any payments authorized to be furnished under this
program shall be fined not more than $10,000 or imprisoned for not more
than 1 year, or both.
Sec. 1580.505 Appeals.
(a) A producer adversely affected by a determination with respect
to their application for trade adjustment assistance under Sec.
1580.301 or with respect to the receipt of technical assistance or
payments under Sec. 1580.302 may file a notice of appeal within 30
days of the date that the notification of the adverse determination was
sent. The notice of appeal should indicate whether the producer is
requesting a hearing.
(b) Any hearing conducted under paragraph (a) of this section,
shall be in accordance with instructions issued by the Administrator
(FAS).
(c) A producer may not seek judicial review of any adverse decision
under this paragraph without receiving a final determination pursuant
to this paragraph.
Sec. 1580.506 Judicial review.
Any producer aggrieved by a final agency determination under this
part may appeal to the U.S. Court of International Trade for a review
of such determination in accordance with its rules and procedures.
Sec. 1580.602 Paperwork Reduction Act assigned number.
The information collection requirements contained in these
regulations (7 CFR part 1580) have been approved by the Office of
Management and Budget (OMB) under the provisions of 44 U.S.C. Chapter
35 and been assigned OMB control number 0551-0040.
Dated: June 10, 2009.
Michael V. Michener,
Administrator, Foreign Agricultural Service.
[FR Doc. E9-20345 Filed 8-24-09; 8:45 am]
BILLING CODE 3410-10-P