Reorganization and Transfer of Regulations, 54339-54340 [2021-20380]
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54339
Rules and Regulations
Federal Register
Vol. 86, No. 188
Friday, October 1, 2021
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 870
Commodity Credit Corporation
7 CFR Part 1427
[Doc. No. AMS–LRRS–21–0047]
Reorganization and Transfer of
Regulations
Agricultural Marketing Service;
Commodity Credit Corporation, USDA.
ACTION: Final rule.
AGENCY:
This rule transfers regulations
pertaining to the Economic Adjustment
Assistance for Textile Manufacturers
program from the Commodity Credit
Corporation (CCC) to the Agricultural
Marketing Service (AMS) to reflect
changes in the organizational structure
and delegated authorities within the
United States Department of Agriculture
(USDA). This action is necessary to
enable the AMS Administrator to issue,
maintain, and revise as necessary
regulations related to programs under
the AMS Administrator’s delegated
authority.
SUMMARY:
DATES:
Effective October 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Laurel May, Regulatory Analyst,
Legislative and Regulatory Review Staff,
Office of the Administrator, AMS,
USDA; Telephone: (202) 384–2975, or
Email: Laurel.May@usda.gov.
SUPPLEMENTARY INFORMATION: Congress
directed the Secretary of Agriculture
(Secretary) to provide economic
adjustment assistance to domestic users
of upland cotton under the Economic
Adjustment Assistance to Users of
Upland Cotton program in section
1207(c) of the Food, Conservation, and
Energy Act of 2008 (Pub. L. 110–234;
May 22, 2008). Under the program
domestic users of upland cotton may
qualify for financial assistance that can
VerDate Sep<11>2014
16:40 Sep 30, 2021
Jkt 256001
be used to acquire, construct, install,
modernize, develop, convert, or expand
land, plant, buildings, equipment,
facilities, or machinery. Payments for
such assistance are issued by CCC.
Section 1203(b) of the Agriculture
Improvement Act of 2018 (Pub. L. 115–
334; December 20, 2018) renamed the
program ‘‘Economic Assistance
Adjustment to Textile Mills’’ (EAATM).
Regulations implementing the EAATM
are found at 7 CFR part 1427, in subpart
C, in §§ 1427.100 to 1427.105.
In a memorandum dated July 1,
2019,1 the Secretary redelegated
authority to administer EAATM from
the Farm Service Agency to the
Agricultural Marketing Service (AMS).
A final rule published October 15, 2020
(85 FR 65500), amended 7 CFR part 2
to reflect the redelegation. Amended
§ 2.79(a)(23) authorizes the AMS
Administrator to administer the EAATM
program (7 U.S.C. 9037(c)). The
redelegation of authority necessitates
the transfer of corresponding regulations
to AMS, giving the AMS Administrator
authority to issue, maintain, and revise
the regulations pertaining to EAATM.
This final rule completes the necessary
transfer.
Overview of Changes
Currently, Title 7, Chapter XIV, part
1427 of the Code of Federal Regulations
(CFR) contains the EAATM regulations
(in §§ 1427.100 to 1427.105), under CCC
administration. This final rule removes
the EAATM regulations from 7 CFR part
1427 and adds them in a new part 870—
Economic Adjustment Assistance to
Textile Mills—to 7 CFR chapter VIII,
Subchapter B. Currently Subchapter B is
titled ‘‘Regulations for Warehouses’’ and
contains part 869—Regulations for the
United States Warehouse Act (USWA).
This final rule revises the title for
Subchapter B to read ‘‘Fair Trade
Practices’’ to reflect the delegation of
administrative authority for both USWA
and EAATM activities to the AMS
Administrator. The Deputy
Administrator of AMS’s Fair Trade
Practices Program (FTPP) oversees
USWA and EAATM activities for the
Administrator. Finally, this rule makes
a conforming change to the text of the
EAATM regulations to reflect the
program’s revised name.
1 Secretary’s Memorandum 1076–030 (July 1,
2019), available at https://www.ocio.usda.gov/
document/secretarys-memorandum-1076-030.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Classification
This final rule is administrative in
nature and reflects changes in USDA’s
organization. Accordingly, pursuant to 5
U.S.C. 553, notice of proposed
rulemaking and opportunity for
comment are not required, and this rule
may be made effective in fewer than 30
days after publication in the Federal
Register. Therefore, this final rule is
effective upon publication.
Additionally, this rule is exempt from
the provisions of Executive Order
12866, as it is limited to agency
management. This action is not a rule as
defined by the Regulatory Flexibility
Act, as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 801 et seq., and thus is
exempt from the provisions of those
Acts. This rule contains no information
collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act (5
U.S.C. 801 et seq.) provides exemptions
for rules ‘‘of particular applicability;’’
‘‘relating to agency management or
personnel;’’ or ‘‘of agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of non-agency parties.’’ This
action qualifies for this exemption.
AMS is committed to complying with
the E-Government Act to promote the
use of the internet and other
information technologies, to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this final rule.
List of Subjects
7 CFR Part 870
Cotton, Payments, Reporting and
recordkeeping, Textile mills.
7 CFR Part 1427
Cotton, Cottonseeds, Loan programsagriculture, Packaging and containers,
Price support programs, Reporting and
recordkeeping requirements, Surety
bonds, Warehouses.
For the reasons stated in the
preamble, as authorized by the
Secretary’s Memorandum implementing
the Agriculture Improvement Act of
2018, dated July 1, 2019, the
E:\FR\FM\01OCR1.SGM
01OCR1
54340
Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
§ 870.5
Department of Agriculture amends 7
CFR chapters VIII and XIV as follows:
TITLE 7—AGRICULTURE
CHAPTER VIII—AGRICULTURAL
MARKETING SERVICE (FEDERAL
GRAIN INSPECTION SERVICE, FAIR
TRADE PRACTICES PROGRAM),
DEPARTMENT OF AGRICULTURE
Subchapter B—Fair Trade Practices
1. Under the authority of 7 CFR
2.22(a)(1), revise the heading of
subchapter B to read as set forth above.
■ 2. Add part 870 to read as follows:
■
PART 870—ECONOMIC ASSISTANCE
ADJUSTMENT FOR TEXTILE MILLS
Sec.
870.1 Applicability.
870.3 Eligible upland cotton.
870.5 Eligible domestic users.
870.7 Upland cotton Domestic User
Agreement.
870.9 Payment.
Authority: 7 U.S.C. 9037(c).
§ 870.1
Applicability.
(a) These regulations specify the terms
and conditions under which the
Commodity Credit Corporation (CCC)
will make payments to eligible domestic
users who have entered into an Upland
Cotton Domestic User Agreement with
CCC to participate in the upland cotton
domestic user program.
(b) CCC will specify the forms to be
used in administering the Economic
Adjustment Assistance for Textile Mills
program.
§ 870.3
Eligible upland cotton.
(a) For purposes of this subpart,
eligible upland cotton is baled upland
cotton, regardless of origin, that is
opened by an eligible domestic user,
and is either:
(1) Baled lint, including baled lint
classified by USDA’s Agricultural
Marketing Service as Below Grade;
(2) Loose samples removed from
upland cotton bales for classification
purposes that have been rebaled;
(3) Semi-processed motes that are of
a quality suitable, without further
processing, for spinning, papermaking,
or production of non-woven fabric; or
(4) Re-ginned (processed) motes.
(b) Eligible upland cotton must not be:
(1) Cotton for which a payment, under
the provisions of this subpart, has been
made available;
(2) Raw (unprocessed) motes, pills,
linters, or other derivatives of the lint
cleaning process; or
(3) Textile mill wastes.
VerDate Sep<11>2014
16:40 Sep 30, 2021
Jkt 256001
Eligible domestic users.
(a) For purposes of this subpart, a
person regularly engaged in the business
of opening bales of eligible upland
cotton for the purpose of spinning,
papermaking, or processing of nonwoven cotton fabric in the United
States, who has entered into an
agreement with CCC to participate in
the upland cotton user program, will be
considered an eligible domestic user.
(b) Applications for payment under
this subpart must contain
documentation required by the
provisions of the Upland Cotton
Domestic User Agreement and other
instructions that CCC issues.
§ 870.7 Upland cotton Domestic User
Agreement.
(a) Payments specified in this subpart
will be made available to eligible
domestic users who have entered into
an Upland Cotton Domestic User
Agreement with CCC and who have
complied with the terms and conditions
in this subpart, the Upland Cotton
Domestic User Agreement, and
instructions issued by CCC.
(b) Upland Cotton Domestic User
Agreements may be obtained from the
Warehouse and Commodity
Management Division, P.O. Box 419205,
Stop 9148, Kansas City, MO 64141–
6205. In order to participate in the
program authorized by this subpart,
domestic users must execute the Upland
Cotton Domestic User Agreement and
forward the original and one copy to
KCCO.
§ 870.9
Payment.
(a) The payment rate for purposes of
calculating payments as specified in this
subpart is 3 cents per pound.
(b) Payments specified in this subpart
will be determined by multiplying the
payment rate, of 3 cents per pound, by
(1) In the case of baled upland cotton,
whether lint, loose samples or reginned
motes, but not semi-processed motes,
the net weight of the cotton used (gross
weight minus the weight of bagging and
ties);
(2) In the case of unbaled reginned
motes consumed, without rebaling, for
an end use in a continuous
manufacturing process, the weight of
the reginned motes after final cleaning;
and
(3) In the case of semi-processed
motes which are of a quality suitable,
without further processing, for spinning,
papermaking, or manufacture of nonwoven cotton fabric, 25 percent of the
weight (gross weight minus the weight
of bagging and ties, if baled) of the semiprocessed motes; provided further, that
with respect to semi-processed motes
PO 00000
Frm 00002
Fmt 4700
Sfmt 9990
that are used prior to August 18, 2010,
payment may be allowed by CCC in its
sole discretion at 100 percent of the
weight as determined appropriate for a
transition of the program to the 25
percent factor.
(c) In all cases, the payment will be
determined based on the amount of
eligible upland cotton that an eligible
domestic user consumed during the
immediately preceding calendar month.
For the purposes of this subpart, eligible
upland cotton will be considered
consumed by the domestic user on the
date the bale is opened for
consumption, or if not baled, the date
consumed, without further processing,
in a continuous manufacturing process.
(d) Payments specified in this subpart
will be made available upon application
for payment and submission of
supporting documentation, as required
by the CCC-issued provisions of the
Upland Cotton Domestic User
Agreement.
(e) All payments received by the
eligible domestic user of upland cotton
must be used for purposes specified in
7 U.S.C. 9037(c)(3), which include but
are not limited to, acquisition,
construction, installation,
modernization, development,
conversion, or expansion of land, plant,
buildings, equipment, facilities, or
machinery. Such capital expenditures
must be directly attributable and
certified as such by the user for the
purpose of manufacturing upland cotton
into eligible cotton products in the
United States.
CHAPTER XIV—COMMODITY CREDIT
CORPORATION, DEPARTMENT OF
AGRICULTURE
PART 1427—COTTON
3. The authority citation for part 1427
continues to read as follows:
■
Authority: 7 U.S.C. 7231–7237, 7931–
7936, 9011, and 9031–40, 15 U.S.C. 714b and
c.
Subpart C—[Removed and Reserved]
4. Remove and reserve subpart C,
consisting of §§ 1427.100 through
1427.105.
■
Mae Wu,
Deputy Under Secretary, Marketing and
Regulatory Programs.
[FR Doc. 2021–20380 Filed 9–30–21; 8:45 am]
BILLING CODE 3410–05–P
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01OCR1
Agencies
[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54339-54340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20380]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules
and Regulations
[[Page 54339]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 870
Commodity Credit Corporation
7 CFR Part 1427
[Doc. No. AMS-LRRS-21-0047]
Reorganization and Transfer of Regulations
AGENCY: Agricultural Marketing Service; Commodity Credit Corporation,
USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule transfers regulations pertaining to the Economic
Adjustment Assistance for Textile Manufacturers program from the
Commodity Credit Corporation (CCC) to the Agricultural Marketing
Service (AMS) to reflect changes in the organizational structure and
delegated authorities within the United States Department of
Agriculture (USDA). This action is necessary to enable the AMS
Administrator to issue, maintain, and revise as necessary regulations
related to programs under the AMS Administrator's delegated authority.
DATES: Effective October 1, 2021.
FOR FURTHER INFORMATION CONTACT: Laurel May, Regulatory Analyst,
Legislative and Regulatory Review Staff, Office of the Administrator,
AMS, USDA; Telephone: (202) 384-2975, or Email: [email protected].
SUPPLEMENTARY INFORMATION: Congress directed the Secretary of
Agriculture (Secretary) to provide economic adjustment assistance to
domestic users of upland cotton under the Economic Adjustment
Assistance to Users of Upland Cotton program in section 1207(c) of the
Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234; May 22,
2008). Under the program domestic users of upland cotton may qualify
for financial assistance that can be used to acquire, construct,
install, modernize, develop, convert, or expand land, plant, buildings,
equipment, facilities, or machinery. Payments for such assistance are
issued by CCC. Section 1203(b) of the Agriculture Improvement Act of
2018 (Pub. L. 115-334; December 20, 2018) renamed the program
``Economic Assistance Adjustment to Textile Mills'' (EAATM).
Regulations implementing the EAATM are found at 7 CFR part 1427, in
subpart C, in Sec. Sec. 1427.100 to 1427.105.
In a memorandum dated July 1, 2019,\1\ the Secretary redelegated
authority to administer EAATM from the Farm Service Agency to the
Agricultural Marketing Service (AMS). A final rule published October
15, 2020 (85 FR 65500), amended 7 CFR part 2 to reflect the
redelegation. Amended Sec. 2.79(a)(23) authorizes the AMS
Administrator to administer the EAATM program (7 U.S.C. 9037(c)). The
redelegation of authority necessitates the transfer of corresponding
regulations to AMS, giving the AMS Administrator authority to issue,
maintain, and revise the regulations pertaining to EAATM. This final
rule completes the necessary transfer.
---------------------------------------------------------------------------
\1\ Secretary's Memorandum 1076-030 (July 1, 2019), available at
https://www.ocio.usda.gov/document/secretarys-memorandum-1076-030.
---------------------------------------------------------------------------
Overview of Changes
Currently, Title 7, Chapter XIV, part 1427 of the Code of Federal
Regulations (CFR) contains the EAATM regulations (in Sec. Sec.
1427.100 to 1427.105), under CCC administration. This final rule
removes the EAATM regulations from 7 CFR part 1427 and adds them in a
new part 870--Economic Adjustment Assistance to Textile Mills--to 7 CFR
chapter VIII, Subchapter B. Currently Subchapter B is titled
``Regulations for Warehouses'' and contains part 869--Regulations for
the United States Warehouse Act (USWA). This final rule revises the
title for Subchapter B to read ``Fair Trade Practices'' to reflect the
delegation of administrative authority for both USWA and EAATM
activities to the AMS Administrator. The Deputy Administrator of AMS's
Fair Trade Practices Program (FTPP) oversees USWA and EAATM activities
for the Administrator. Finally, this rule makes a conforming change to
the text of the EAATM regulations to reflect the program's revised
name.
Classification
This final rule is administrative in nature and reflects changes in
USDA's organization. Accordingly, pursuant to 5 U.S.C. 553, notice of
proposed rulemaking and opportunity for comment are not required, and
this rule may be made effective in fewer than 30 days after publication
in the Federal Register. Therefore, this final rule is effective upon
publication.
Additionally, this rule is exempt from the provisions of Executive
Order 12866, as it is limited to agency management. This action is not
a rule as defined by the Regulatory Flexibility Act, as amended by the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
801 et seq., and thus is exempt from the provisions of those Acts. This
rule contains no information collection or recordkeeping requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act (5 U.S.C. 801 et seq.) provides
exemptions for rules ``of particular applicability;'' ``relating to
agency management or personnel;'' or ``of agency organization,
procedure, or practice that does not substantially affect the rights or
obligations of non-agency parties.'' This action qualifies for this
exemption.
AMS is committed to complying with the E-Government Act to promote
the use of the internet and other information technologies, to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this final rule.
List of Subjects
7 CFR Part 870
Cotton, Payments, Reporting and recordkeeping, Textile mills.
7 CFR Part 1427
Cotton, Cottonseeds, Loan programs-agriculture, Packaging and
containers, Price support programs, Reporting and recordkeeping
requirements, Surety bonds, Warehouses.
For the reasons stated in the preamble, as authorized by the
Secretary's Memorandum implementing the Agriculture Improvement Act of
2018, dated July 1, 2019, the
[[Page 54340]]
Department of Agriculture amends 7 CFR chapters VIII and XIV as
follows:
TITLE 7--AGRICULTURE
CHAPTER VIII--AGRICULTURAL MARKETING SERVICE (FEDERAL GRAIN
INSPECTION SERVICE, FAIR TRADE PRACTICES PROGRAM), DEPARTMENT OF
AGRICULTURE
Subchapter B--Fair Trade Practices
0
1. Under the authority of 7 CFR 2.22(a)(1), revise the heading of
subchapter B to read as set forth above.
0
2. Add part 870 to read as follows:
PART 870--ECONOMIC ASSISTANCE ADJUSTMENT FOR TEXTILE MILLS
Sec.
870.1 Applicability.
870.3 Eligible upland cotton.
870.5 Eligible domestic users.
870.7 Upland cotton Domestic User Agreement.
870.9 Payment.
Authority: 7 U.S.C. 9037(c).
Sec. 870.1 Applicability.
(a) These regulations specify the terms and conditions under which
the Commodity Credit Corporation (CCC) will make payments to eligible
domestic users who have entered into an Upland Cotton Domestic User
Agreement with CCC to participate in the upland cotton domestic user
program.
(b) CCC will specify the forms to be used in administering the
Economic Adjustment Assistance for Textile Mills program.
Sec. 870.3 Eligible upland cotton.
(a) For purposes of this subpart, eligible upland cotton is baled
upland cotton, regardless of origin, that is opened by an eligible
domestic user, and is either:
(1) Baled lint, including baled lint classified by USDA's
Agricultural Marketing Service as Below Grade;
(2) Loose samples removed from upland cotton bales for
classification purposes that have been rebaled;
(3) Semi-processed motes that are of a quality suitable, without
further processing, for spinning, papermaking, or production of non-
woven fabric; or
(4) Re-ginned (processed) motes.
(b) Eligible upland cotton must not be:
(1) Cotton for which a payment, under the provisions of this
subpart, has been made available;
(2) Raw (unprocessed) motes, pills, linters, or other derivatives
of the lint cleaning process; or
(3) Textile mill wastes.
Sec. 870.5 Eligible domestic users.
(a) For purposes of this subpart, a person regularly engaged in the
business of opening bales of eligible upland cotton for the purpose of
spinning, papermaking, or processing of non-woven cotton fabric in the
United States, who has entered into an agreement with CCC to
participate in the upland cotton user program, will be considered an
eligible domestic user.
(b) Applications for payment under this subpart must contain
documentation required by the provisions of the Upland Cotton Domestic
User Agreement and other instructions that CCC issues.
Sec. 870.7 Upland cotton Domestic User Agreement.
(a) Payments specified in this subpart will be made available to
eligible domestic users who have entered into an Upland Cotton Domestic
User Agreement with CCC and who have complied with the terms and
conditions in this subpart, the Upland Cotton Domestic User Agreement,
and instructions issued by CCC.
(b) Upland Cotton Domestic User Agreements may be obtained from the
Warehouse and Commodity Management Division, P.O. Box 419205, Stop
9148, Kansas City, MO 64141-6205. In order to participate in the
program authorized by this subpart, domestic users must execute the
Upland Cotton Domestic User Agreement and forward the original and one
copy to KCCO.
Sec. 870.9 Payment.
(a) The payment rate for purposes of calculating payments as
specified in this subpart is 3 cents per pound.
(b) Payments specified in this subpart will be determined by
multiplying the payment rate, of 3 cents per pound, by
(1) In the case of baled upland cotton, whether lint, loose samples
or reginned motes, but not semi-processed motes, the net weight of the
cotton used (gross weight minus the weight of bagging and ties);
(2) In the case of unbaled reginned motes consumed, without
rebaling, for an end use in a continuous manufacturing process, the
weight of the reginned motes after final cleaning; and
(3) In the case of semi-processed motes which are of a quality
suitable, without further processing, for spinning, papermaking, or
manufacture of non-woven cotton fabric, 25 percent of the weight (gross
weight minus the weight of bagging and ties, if baled) of the semi-
processed motes; provided further, that with respect to semi-processed
motes that are used prior to August 18, 2010, payment may be allowed by
CCC in its sole discretion at 100 percent of the weight as determined
appropriate for a transition of the program to the 25 percent factor.
(c) In all cases, the payment will be determined based on the
amount of eligible upland cotton that an eligible domestic user
consumed during the immediately preceding calendar month. For the
purposes of this subpart, eligible upland cotton will be considered
consumed by the domestic user on the date the bale is opened for
consumption, or if not baled, the date consumed, without further
processing, in a continuous manufacturing process.
(d) Payments specified in this subpart will be made available upon
application for payment and submission of supporting documentation, as
required by the CCC-issued provisions of the Upland Cotton Domestic
User Agreement.
(e) All payments received by the eligible domestic user of upland
cotton must be used for purposes specified in 7 U.S.C. 9037(c)(3),
which include but are not limited to, acquisition, construction,
installation, modernization, development, conversion, or expansion of
land, plant, buildings, equipment, facilities, or machinery. Such
capital expenditures must be directly attributable and certified as
such by the user for the purpose of manufacturing upland cotton into
eligible cotton products in the United States.
CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF
AGRICULTURE
PART 1427--COTTON
0
3. The authority citation for part 1427 continues to read as follows:
Authority: 7 U.S.C. 7231-7237, 7931-7936, 9011, and 9031-40, 15
U.S.C. 714b and c.
Subpart C--[Removed and Reserved]
0
4. Remove and reserve subpart C, consisting of Sec. Sec. 1427.100
through 1427.105.
Mae Wu,
Deputy Under Secretary, Marketing and Regulatory Programs.
[FR Doc. 2021-20380 Filed 9-30-21; 8:45 am]
BILLING CODE 3410-05-P