Export Credit Guarantee (GSM-102) Program and Facility Guarantee Program (FGP) Certifications, 28185-28186 [2019-12581]
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Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Rules and Regulations
§ 1430.425 Violations regarding controlled
substances.
The provisions of 7 CFR 718.6 apply
to this part.
Richard Fordyce,
Administrator, Farm Service Agency.
Robert Stephenson,
Executive Vice President, Commodity Credit
Corporation.
[FR Doc. 2019–12998 Filed 6–14–19; 4:15 pm]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1493
RIN 0551–AA99
Export Credit Guarantee (GSM–102)
Program and Facility Guarantee
Program (FGP) Certifications
Foreign Agricultural Service
and Commodity Credit Corporation
(CCC), USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule modifies the
certifications required to qualify to
participate in the Export Credit
Guarantee (GSM–102) Program and the
Facility Guarantee Program (FGP) to
make them consistent with Governmentwide debarment and suspension
guidelines and U.S. Department of
Agriculture requirements. Specifically,
CCC is eliminating the requirement for
participants to make certain
certifications with respect to affiliates.
DATES: This rule is effective June 18,
2019.
U.S. Department of
Agriculture, Foreign Agricultural
Service, Credit Programs Division, 1400
Independence Ave. SW, Stop 1025,
Room 5509, Washington, DC 20250–
1025.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Amy Slusher, Deputy Director, Credit
Programs Division, 202–720–6211,
Amy.Slusher@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSK3GLQ082PROD with RULES
Background
On November 18, 2014, CCC
published a Final Rule in the Federal
Register (79 FR 68589) revising and
amending the regulations that
administer the Export Credit Guarantee
(GSM–102) Program. On September 22,
2016, CCC published a Final Rule in the
Federal Register (81 FR 65510) revising
and amending the regulations that
administer the Facility Guarantee
Program (FGP). Both of these final rules
VerDate Sep<11>2014
16:08 Jun 17, 2019
Jkt 247001
incorporated certifications required of
U.S. exporters, U.S. sellers, U.S.
financial institutions and foreign
financial institutions applying to
participate in these programs. The
certifications for the GSM–102 program
are found at 7 CFR 1493.60, and those
for the FGP at 7 CFR 1493.250. The
certifications are, in part, based on
Government-wide requirements related
to suspension and debarment found at
2 CFR part 180 and prohibitions barring
delinquent debtors from obtaining
Federal loans, insurance and guarantees
(31 CFR part 285). Certain certifications
(at 7 CFR 1493.60(a)(1) through (4) and
7 CFR 1493.250(a)(1) through (4))
require the applicant to certify with
respect to the applicant itself, as well as
its ‘‘principals’’ and ‘‘affiliates’’ (as
defined in 2 CFR part 180).
FAS is eliminating the requirement
for applicants to make these
certifications with respect to
‘‘affiliates,’’ for several reasons. First,
there is no Government-wide or
Department of Agriculture requirement
to make these certifications with respect
to ‘‘affiliates.’’ Neither the governmentwide suspension and debarment
regulations at 2 CFR part 180 nor the
Department of Agriculture’s form AD–
1047 (‘‘Certification Regarding
Debarment, Suspension, and Other
Responsibility Matters’’) include
affiliates. Second, FAS has determined
that the affiliates of program
participants generally do not have a
relationship to the applicant’s
participation in CCC export credit
guarantee programs. Third, the
‘‘affiliate’’ certification is burdensome
on U.S. exporters, sellers, and U.S. and
foreign financial institution participants
that are large, and often diverse,
organizations with many affiliates. This
change will therefore reduce the burden
on program applicants and participants.
Notice and Comment
In general, the Administrative
Procedure Act (5 U.S.C. 553) requires
that a notice of proposed rulemaking be
published in the Federal Register and
interested persons be given an
opportunity to participate in the
rulemaking through submission of
written data, views, or arguments,
except when the rule involves a matter
relating to public property, loan, grants,
benefits or contracts. The
Administrative Procedure Act also
states notice of proposed rulemaking is
not required ‘‘when the agency for good
cause finds . . . that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ Because this rule involves two
loan guarantee programs, the regulations
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
28185
for this program are exempt from the
notice and comment provisions of 5
U.S.C. 553. Additionally, the agency has
determined that because this
amendment will make the existing rules
at 7 CFR part 1493 consistent with U.S.
Government and Departmental
certification requirements and will
reduce burden on participants, notice of
proposed rulemaking is unnecessary. It
is in the public interest to implement
these changes as soon as possible;
therefore, this final rule is effective
when published in the Federal Register.
Executive Order 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This
proposed rule has been determined to
be not significant and was not reviewed
by the Office of Management and
Budget (OMB) in conformance with
Executive Order 12866.
Executive Order 13175
This rule has been reviewed for
compliance with Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments.’’
Executive Order 13175 requires Federal
agencies to consult and coordinate with
tribes on a government-to-government
basis on policies that have tribal
implications, including regulations,
legislative comments, proposed
legislation, and other policy statements
or actions that have substantial direct
effects on one or more Indian tribes, on
the relationship between the Federal
Government and Indian tribes or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes. FAS has
assessed the impact of this rule on
Indian tribes and determined that this
rule does not, to the knowledge of FAS,
have tribal implications that required
tribal consultation under Executive
Order 13175. If a tribe requests
consultation, FAS will work with USDA
Office of Tribal Relations to ensure
meaningful consultation is provided
where changes, additions, and
modifications identified herein are not
expressly mandated by Congress.
E:\FR\FM\18JNR1.SGM
18JNR1
28186
Federal Register / Vol. 84, No. 117 / Tuesday, June 18, 2019 / Rules and Regulations
Executive Order 13771
Executive Order 13771 directs
agencies to reduce regulation and
control regulatory costs and provides
that for every new regulation issued, at
least two prior regulations be identified
for elimination, and that the cost of
planned regulations be prudently
managed and controlled through a
budgeting process. This rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
List of Subjects in 7 CFR Part 1493
Agricultural commodities, Exports.
Accordingly, for the reasons stated in
the preamble, 7 CFR part 1493 is
amended as follows:
PART 1493—CCC EXPORT CREDIT
GUARANTEE PROGRAMS
1. The authority citation for part 1493
continues to read as follows:
■
Authority: 7 U.S.C. 5602, 5622, 5661,
5662, 5663, 5664, 5676; 15 U.S.C. 714b(d),
714c(f).
2. In § 1493.60, paragraphs (a)(1)
through (4) are revised to read as
follows:
■
jbell on DSK3GLQ082PROD with RULES
§ 1493.60 Certifications required for
program participation.
(a) * * *
(1) The applicant and any of its
principals (as defined in 2 CFR 180.995)
are not presently debarred, suspended,
proposed for debarment, declared
ineligible, or excluded from covered
transactions by any U.S. Federal
department or agency;
(2) The applicant and any of its
principals (as defined in 2 CFR 180.995)
have not within a three-year period
preceding this application been
convicted of or had a civil judgment
rendered against them for commission
of fraud or a criminal offense in
connection with obtaining, attempting
to obtain, or performing a public
(Federal, State, or local) transaction or
contract under a public transaction;
violation of Federal or State antitrust
statues or commission of embezzlement,
theft, forgery, bribery, falsification or
destruction of records, making false
statements, or receiving stolen property;
(3) The applicant and any of its
principals (as defined in 2 CFR 180.995)
are not presently indicted for or
otherwise criminally or civilly charged
by a governmental entity (Federal, State
or local) with commission of any of the
offenses enumerated in paragraph (a)(2)
of this section;
(4) The applicant and any of its
principals (as defined in 2 CFR 180.995)
VerDate Sep<11>2014
16:08 Jun 17, 2019
Jkt 247001
have not within a three-year period
preceding this application had one or
more public transactions (Federal, State
or local) terminated for cause or default;
*
*
*
*
*
DEPARTMENT OF AGRICULTURE
3. In § 1493.250, paragraphs (a)(1)
through (4) are revised to read as
follows:
Standards and Specifications for
Timber Products Acceptable for Use
by Rural Utilities Service Electric and
Telecommunications Borrowers
§ 1493.60 Certifications required for
program participation.
AGENCY:
■
(a) * * *
(1) The applicant and any of its
principals (as defined in 2 CFR 180.995)
are not presently debarred, suspended,
proposed for debarment, declared
ineligible, or excluded from covered
transactions by any U.S. Federal
department or agency;
(2) The applicant and any of its
principals (as defined in 2 CFR 180.995)
have not within a three-year period
preceding this application been
convicted of or had a civil judgment
rendered against them for commission
of fraud or a criminal offense in
connection with obtaining, attempting
to obtain, or performing a public
(Federal, State, or local) transaction or
contract under a public transaction;
violation of Federal or State antitrust
statues or commission of embezzlement,
theft, forgery, bribery, falsification or
destruction of records, making false
statements, or receiving stolen property;
(3) The applicant and any of its
principals (as defined in 2 CFR 180.995)
are not presently indicted for or
otherwise criminally or civilly charged
by a governmental entity (Federal, State
or local) with commission of any of the
offenses enumerated in paragraph (a)(2)
of this section;
(4) The applicant and any of its
principals (as defined in 2 CFR 180.995)
have not within a three-year period
preceding this application had one or
more public transactions (Federal, State
or local) terminated for cause or default;
*
*
*
*
*
Dated: June 10, 2019.
Robert Stephenson,
Executive Vice President, Commodity Credit
Corporation.
In concurrence with:
Dated: June 7, 2019.
Ken Isley,
Administrator, Foreign Agricultural Service.
[FR Doc. 2019–12581 Filed 6–17–19; 8:45 am]
BILLING CODE 3410–10–P
PO 00000
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Fmt 4700
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Rural Utilities Service
7 CFR Parts 1728 and 1755
Rural Utilities Service, USDA.
Final rule; request for
comments.
ACTION:
SUMMARY: The Rural Utilities Service
(RUS), an agency of U.S. Department of
Agriculture, is amending its regulations
on Electric and Telecommunications
Standards and Specifications for
Materials, Equipment and Construction,
to make changes to Bulletin 1728F–700,
RUS Specification for Wood Poles,
Stubs and Anchor Logs; Bulletin
1728H–701, Specification for Wood
Crossarms, Transmission Timbers, and
Pole Keys; and Bulletin 1728H–702,
Specification for Quality Control and
Inspection of Timber Products (Wood
Bulletins) to keep RUS standards
current with the technology advances
and consistent with the industry
practice. The bulletins are provided as
regulated specifications to RUS Electric
Program borrowers for procurement of
electric transmission and distribution
line wood materials.
DATES:
Effective Date: This final rule is
effective June 18, 2019.
Comments Due Date: Comments are
due no later than August 2, 2019.
Incorporation by Reference: The
incorporation by reference of certain
publications listed in this rule is
approved by the Director of the Federal
Register as of June 18, 2019.
ADDRESSES: Submit comments
identified as 7 CFR 1728.97(a)(21)
Bulletin 1728F–700, 7 CFR 1728.201
Bulletin 1728H–701, and/or 7 CFR
1728.202 Bulletin 1728H–702 by the
following method:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and, in the
lower ‘‘Search Regulations and Federal
Actions’’ box, select ‘‘Rural Utilities
Service’’ from the agency drop-down
menu, then click on ‘‘Submit.’’ In the
Docket ID column, select RUS–18–
ELECTRIC–0008 to submit or view
public comments and to view
supporting and related materials
available electronically. Information on
using Regulations.gov, including
instructions for accessing documents,
submitting comments, and viewing the
docket after the close of the comment
E:\FR\FM\18JNR1.SGM
18JNR1
]]>Agencies
[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Rules and Regulations]
[Pages 28185-28186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12581]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1493
RIN 0551-AA99
Export Credit Guarantee (GSM-102) Program and Facility Guarantee
Program (FGP) Certifications
AGENCY: Foreign Agricultural Service and Commodity Credit Corporation
(CCC), USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule modifies the certifications required to
qualify to participate in the Export Credit Guarantee (GSM-102) Program
and the Facility Guarantee Program (FGP) to make them consistent with
Government-wide debarment and suspension guidelines and U.S. Department
of Agriculture requirements. Specifically, CCC is eliminating the
requirement for participants to make certain certifications with
respect to affiliates.
DATES: This rule is effective June 18, 2019.
ADDRESSES: U.S. Department of Agriculture, Foreign Agricultural
Service, Credit Programs Division, 1400 Independence Ave. SW, Stop
1025, Room 5509, Washington, DC 20250-1025.
FOR FURTHER INFORMATION CONTACT: Amy Slusher, Deputy Director, Credit
Programs Division, 202-720-6211, [email protected].
SUPPLEMENTARY INFORMATION:
Background
On November 18, 2014, CCC published a Final Rule in the Federal
Register (79 FR 68589) revising and amending the regulations that
administer the Export Credit Guarantee (GSM-102) Program. On September
22, 2016, CCC published a Final Rule in the Federal Register (81 FR
65510) revising and amending the regulations that administer the
Facility Guarantee Program (FGP). Both of these final rules
incorporated certifications required of U.S. exporters, U.S. sellers,
U.S. financial institutions and foreign financial institutions applying
to participate in these programs. The certifications for the GSM-102
program are found at 7 CFR 1493.60, and those for the FGP at 7 CFR
1493.250. The certifications are, in part, based on Government-wide
requirements related to suspension and debarment found at 2 CFR part
180 and prohibitions barring delinquent debtors from obtaining Federal
loans, insurance and guarantees (31 CFR part 285). Certain
certifications (at 7 CFR 1493.60(a)(1) through (4) and 7 CFR
1493.250(a)(1) through (4)) require the applicant to certify with
respect to the applicant itself, as well as its ``principals'' and
``affiliates'' (as defined in 2 CFR part 180).
FAS is eliminating the requirement for applicants to make these
certifications with respect to ``affiliates,'' for several reasons.
First, there is no Government-wide or Department of Agriculture
requirement to make these certifications with respect to
``affiliates.'' Neither the government-wide suspension and debarment
regulations at 2 CFR part 180 nor the Department of Agriculture's form
AD-1047 (``Certification Regarding Debarment, Suspension, and Other
Responsibility Matters'') include affiliates. Second, FAS has
determined that the affiliates of program participants generally do not
have a relationship to the applicant's participation in CCC export
credit guarantee programs. Third, the ``affiliate'' certification is
burdensome on U.S. exporters, sellers, and U.S. and foreign financial
institution participants that are large, and often diverse,
organizations with many affiliates. This change will therefore reduce
the burden on program applicants and participants.
Notice and Comment
In general, the Administrative Procedure Act (5 U.S.C. 553)
requires that a notice of proposed rulemaking be published in the
Federal Register and interested persons be given an opportunity to
participate in the rulemaking through submission of written data,
views, or arguments, except when the rule involves a matter relating to
public property, loan, grants, benefits or contracts. The
Administrative Procedure Act also states notice of proposed rulemaking
is not required ``when the agency for good cause finds . . . that
notice and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' Because this rule involves two loan
guarantee programs, the regulations for this program are exempt from
the notice and comment provisions of 5 U.S.C. 553. Additionally, the
agency has determined that because this amendment will make the
existing rules at 7 CFR part 1493 consistent with U.S. Government and
Departmental certification requirements and will reduce burden on
participants, notice of proposed rulemaking is unnecessary. It is in
the public interest to implement these changes as soon as possible;
therefore, this final rule is effective when published in the Federal
Register.
Executive Order 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has been determined to be not
significant and was not reviewed by the Office of Management and Budget
(OMB) in conformance with Executive Order 12866.
Executive Order 13175
This rule has been reviewed for compliance with Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Executive Order 13175 requires Federal agencies to
consult and coordinate with tribes on a government-to-government basis
on policies that have tribal implications, including regulations,
legislative comments, proposed legislation, and other policy statements
or actions that have substantial direct effects on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes or on the distribution of power and responsibilities between the
Federal government and Indian tribes. FAS has assessed the impact of
this rule on Indian tribes and determined that this rule does not, to
the knowledge of FAS, have tribal implications that required tribal
consultation under Executive Order 13175. If a tribe requests
consultation, FAS will work with USDA Office of Tribal Relations to
ensure meaningful consultation is provided where changes, additions,
and modifications identified herein are not expressly mandated by
Congress.
[[Page 28186]]
Executive Order 13771
Executive Order 13771 directs agencies to reduce regulation and
control regulatory costs and provides that for every new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process. This rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
List of Subjects in 7 CFR Part 1493
Agricultural commodities, Exports.
Accordingly, for the reasons stated in the preamble, 7 CFR part
1493 is amended as follows:
PART 1493--CCC EXPORT CREDIT GUARANTEE PROGRAMS
0
1. The authority citation for part 1493 continues to read as follows:
Authority: 7 U.S.C. 5602, 5622, 5661, 5662, 5663, 5664, 5676;
15 U.S.C. 714b(d), 714c(f).
0
2. In Sec. 1493.60, paragraphs (a)(1) through (4) are revised to read
as follows:
Sec. 1493.60 Certifications required for program participation.
(a) * * *
(1) The applicant and any of its principals (as defined in 2 CFR
180.995) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or excluded from covered transactions by any U.S.
Federal department or agency;
(2) The applicant and any of its principals (as defined in 2 CFR
180.995) have not within a three-year period preceding this application
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of
Federal or State antitrust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(3) The applicant and any of its principals (as defined in 2 CFR
180.995) are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (a)(2) of
this section;
(4) The applicant and any of its principals (as defined in 2 CFR
180.995) have not within a three-year period preceding this application
had one or more public transactions (Federal, State or local)
terminated for cause or default;
* * * * *
0
3. In Sec. 1493.250, paragraphs (a)(1) through (4) are revised to read
as follows:
Sec. 1493.60 Certifications required for program participation.
(a) * * *
(1) The applicant and any of its principals (as defined in 2 CFR
180.995) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or excluded from covered transactions by any U.S.
Federal department or agency;
(2) The applicant and any of its principals (as defined in 2 CFR
180.995) have not within a three-year period preceding this application
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of
Federal or State antitrust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(3) The applicant and any of its principals (as defined in 2 CFR
180.995) are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local) with
commission of any of the offenses enumerated in paragraph (a)(2) of
this section;
(4) The applicant and any of its principals (as defined in 2 CFR
180.995) have not within a three-year period preceding this application
had one or more public transactions (Federal, State or local)
terminated for cause or default;
* * * * *
Dated: June 10, 2019.
Robert Stephenson,
Executive Vice President, Commodity Credit Corporation.
In concurrence with:
Dated: June 7, 2019.
Ken Isley,
Administrator, Foreign Agricultural Service.
[FR Doc. 2019-12581 Filed 6-17-19; 8:45 am]
BILLING CODE 3410-10-P
