Debt Management; Administrative Updates, 89275-89276 [2023-28408]
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89275
Rules and Regulations
Federal Register
Vol. 88, No. 247
Wednesday, December 27, 2023
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
Office of the Secretary
7 CFR Part 3
[Docket No. USDA–2023–0016]
Debt Management; Administrative
Updates
Office of the Secretary, USDA.
Final rule.
AGENCY:
ACTION:
This final rule amends the
U.S. Department of Agriculture’s debt
management regulations by making two
minor clarifying changes pertaining to
entities or programs to which some or
all of the regulations do not apply.
DATES: Effective December 27, 2023.
FOR FURTHER INFORMATION CONTACT: Mr.
Elvis Tull, Branch Chief, Office of the
Chief Financial Officer, USDA; 202–
205–5369.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ddrumheller on DSK120RN23PROD with RULES1
I. Background
The regulations in 7 CFR part 3, ‘‘Debt
Management,’’ prescribe standards and
procedures for use by U.S. Department
of Agriculture (USDA) agencies in the
collection, compromise, suspension, or
termination of debts owed to the United
States. This rule clarifies the scope of
debt collection activity as it applies to
public international organizations and
the availability of administrative review
under 7 CFR part 3 for certain debt
collection activities involving the
Commodity Credit Corporation (CCC).
First, § 3.1, ‘‘Purpose and scope,’’
includes categories of debt collection
actions to which 7 CFR part 3 does not
apply. One of those categories, found in
paragraph (c)(3), is the ‘‘[c]ollection of
debts owed by foreign governments and,
sovereign institutions of foreign
governments.’’
This amendment clarifies that, in
addition to debts owed by foreign
governments and sovereign institutions
of foreign governments, debts owed by
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15:06 Dec 26, 2023
Jkt 262001
public international organizations are
outside the scope of USDA’s debt
collection regulations. A public
international organization is an
organization entitled to enjoy privileges,
exemptions, and immunities as an
international organization under the
International Organizations Immunities
Act (22 U.S.C. 288–288f). Examples
include the Organization for Economic
Cooperation and Development (OECD)
and the United Nations. This
amendment aligns USDA’s debt
collection regulations with those of
other U.S. Government agencies, such as
the Department of State and the United
States Agency for International
Development, that work with public
international organizations. Consistent
with the treatment of public
international organizations under U.S.
law, these agencies group the collection
of debts owed by public international
organizations along with the collection
of debts owed by foreign governments
and sovereign institutions of foreign
governments in the list of debt
collection actions to which their debt
management regulations do not apply.
Therefore, USDA amends § 3.1(c)(3) to
include public international
organizations.
Second, 7 CFR part 3, subpart F,
establishes consolidated administrative
review procedures for debts subject to
administrative offset, administrative
wage garnishment, and disclosure to
credit reporting agencies under subparts
D and E of part 3. However, there is a
list in § 3.60(b) of certain debt collection
proceedings initiated by USDA agencies
that are subject to the separate
administrative review procedures in 7
CFR part 11, National Appeals Division,
rather than the procedures in 7 CFR part
3, subpart F. Among the debt collection
proceedings listed in § 3.60(b) are those
initiated by CCC.
The statutory authority for the
National Appeals Division only
specifically requires coverage for the
CCC ‘‘with respect to domestic
programs’’ (7 U.S.C. 6991(2)(B)). This
draws a statutory distinction between
domestic CCC programs and CCC
programs administered outside the
United States by USDA’s Foreign
Agricultural Service. To clarify that
non-domestic CCC programs are
addressed under the administrative
review procedures of 7 CFR part 3,
subpart F, and not subject to the
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Frm 00001
Fmt 4700
Sfmt 4700
procedures provided in 7 CFR part 11,
USDA amends 7 CFR 3.60(b) by adding
the qualifier ‘‘(with respect to domestic
programs)’’ to the mention of CCCinitiated debt collection proceedings.
II. Notice and Comment Not Required
This rule is ministerial in nature and
makes only clarifying, technical
adjustments to align USDA’s debt
management regulations. Accordingly,
pursuant to the administrative
procedure provisions in 5 U.S.C. 553,
USDA finds, for good cause, that prior
notice and other public procedure with
respect to this action are not necessary
and this rule may be made effective less
than 30 days after publication in the
Federal Register. Therefore, this rule
will be effective upon publication in the
Federal Register.
III. Procedural Requirements
Executive Orders 12866 and 14094
The Office of Management and Budget
(OMB) has determined that this
regulatory action does not meet the
criteria for significant regulatory action
pursuant to Executive Order 12866,
Regulatory Planning and Review, as
amended by Executive Order 14094,
Modernizing Regulatory Review.
As noted, this rule is ministerial in
nature and makes only clarifying,
technical adjustments to align USDA’s
debt management regulations.
Accordingly, there are no economic
impacts associated with this action.
Regulatory Flexibility Act
The provisions of the Regulatory
Flexibility Act relating to an initial and
final regulatory flexibility analysis (5
U.S.C. 603, 604) are not applicable to
this final rule because USDA was not
required to publish notice of proposed
rulemaking under 5 U.S.C. 553 or any
other law. Accordingly, a regulatory
flexibility analysis is not required.
Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
List of Subjects in 7 CFR Part 3
Administrative practice and
procedure, Claims, Government
employees, Income taxes, Loan
programs—agriculture, Penalties,
Reporting and recordkeeping
requirements, Wages.
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27DER1
89276
Federal Register / Vol. 88, No. 247 / Wednesday, December 27, 2023 / Rules and Regulations
Accordingly, USDA amends 7 CFR
part 3 as follows:
DATES:
FOR FURTHER INFORMATION CONTACT:
PART 3—DEBT MANAGEMENT
1. The authority citation for part 3
continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1506,
1981, 1981a, 1981d, and 2008h; 15 U.S.C.
714b; 31 U.S.C. 3701, 3711, 3716–18, and
3720B; and 31 CFR parts 285 and 901–904.
2. In § 3.1, revise paragraph (c)(3) to
read as follows:
■
§ 3.1
Purpose and scope.
*
*
*
*
*
(c) * * *
(3) Collection of debts owed by
foreign governments, sovereign
institutions of foreign governments, or
public international organizations.
*
*
*
*
*
§ 3.60
[Amended]
3. In § 3.60, in paragraph (b), add the
words ‘‘(with respect to domestic
programs)’’ after the acronym ‘‘CCC’’.
■
Ethel Butler,
Fiscal Policy Division Director, Office of the
Chief Financial Officer, U.S. Department of
Agriculture.
[FR Doc. 2023–28408 Filed 12–26–23; 8:45 am]
BILLING CODE 3410–90–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 905
[Doc. No. AMS–SC–21–0054]
Marketing Order for Oranges,
Grapefruit, Tangerines, and Pummelos
Grown in Florida
Agricultural Marketing Service,
(USDA).
ACTION: Final rule.
AGENCY:
This rulemaking amends
Marketing Order 905, which regulates
the handling of oranges, grapefruit,
tangerines, and pummelos grown in
Florida. The amendments reduce the
size of the Citrus Administrative
Committee (Committee), lower the
quorum requirements, revise the
nomination and selection processes, and
remove the requirement to allocate
committee seats based on volume from
each district. A new section will
provide the Committee authority to
receive voluntary contributions for
promotion and research projects. Also,
conforming changes were made to help
align the marketing order with the
amendments.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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15:06 Dec 26, 2023
Jkt 262001
This rule is effective January 26,
2024.
Geronimo Quinones, Marketing
Specialist, or Matthew Pavone, Chief,
Rulemaking Services Branch, Market
Development Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, Stop 0237,
Washington, DC 20250–0237;
Telephone: (202) 720–8085, or Email:
Geronimo.Quinones@usda.gov or
Matthew.Pavone@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, Stop 0237,
Washington, DC 20250–0237;
Telephone: (202) 720–8085, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
finalizes amendments to regulations
issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This rule is
issued under Marketing Order No. 905,
as amended (7 CFR part 905), regulating
the handling of oranges, grapefruit,
tangerines, and pummelos grown in
Florida. Part 905, referred to as the
‘‘Order,’’ is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’ The
Committee locally administers the
Order and is composed of citrus
producers and shippers operating
within the area of production, and a
non-industry member.
The Agricultural Marketing Service
(AMS) is issuing this rule in
conformance with Executive Orders
12866, 13563, and 14094. 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,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 reaffirms, supplements, and
updates Executive Order 12866 and
further directs agencies to solicit and
consider input from a wide range of
affected and interested parties through a
variety of means. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review.
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Fmt 4700
Sfmt 4700
In addition, this rule has been
reviewed under Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions would have
Tribal implications. AMS has
determined this rule is unlikely to 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.
This rule has also been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect. This rule shall
not be deemed to preclude, preempt, or
supersede any State program covering
oranges, grapefruit, tangerines, and
pummelos grown in Florida.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 8c(15)(A) of the Act (7 U.S.C.
608c(15)(A)), any handler subject to an
order may file with USDA a petition
stating that the order, any provision of
the order, or any obligation imposed in
connection with the order is not in
accordance with law and requesting a
modification of the order or to be
exempted therefrom. A handler is
afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
no later than 20 days after the date of
entry of the ruling.
Section 8c(17) of the Act and the
supplemental rules of practice authorize
the use of informal rulemaking (5 U.S.C.
553) to amend Federal fruit, vegetable,
and nut marketing agreements and
orders. In determining whether informal
rulemaking is appropriate, AMS is
required to consider the nature and
complexity of the proposed
amendments, the potential regulatory
and economic impacts on affected
entities, and any other relevant matters.
AMS has considered these factors and
has determined that the amendments in
this final rule are not unduly complex.
The amendments are primarily
administrative in nature and adapt the
Committee’s rules of practice to better
reflect the current state of the Florida
citrus industry. In addition, as
discussed in the Final Regulatory
Flexibility Analysis section below, the
amendments are not expected to impose
any costs on affected entities.
E:\FR\FM\27DER1.SGM
27DER1
Agencies
[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89275-89276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28408]
========================================================================
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. 88, No. 247 / Wednesday, December 27, 2023 /
Rules and Regulations
[[Page 89275]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 3
[Docket No. USDA-2023-0016]
Debt Management; Administrative Updates
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the U.S. Department of Agriculture's
debt management regulations by making two minor clarifying changes
pertaining to entities or programs to which some or all of the
regulations do not apply.
DATES: Effective December 27, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Elvis Tull, Branch Chief, Office
of the Chief Financial Officer, USDA; 202-205-5369.
SUPPLEMENTARY INFORMATION:
I. Background
The regulations in 7 CFR part 3, ``Debt Management,'' prescribe
standards and procedures for use by U.S. Department of Agriculture
(USDA) agencies in the collection, compromise, suspension, or
termination of debts owed to the United States. This rule clarifies the
scope of debt collection activity as it applies to public international
organizations and the availability of administrative review under 7 CFR
part 3 for certain debt collection activities involving the Commodity
Credit Corporation (CCC).
First, Sec. 3.1, ``Purpose and scope,'' includes categories of
debt collection actions to which 7 CFR part 3 does not apply. One of
those categories, found in paragraph (c)(3), is the ``[c]ollection of
debts owed by foreign governments and, sovereign institutions of
foreign governments.''
This amendment clarifies that, in addition to debts owed by foreign
governments and sovereign institutions of foreign governments, debts
owed by public international organizations are outside the scope of
USDA's debt collection regulations. A public international organization
is an organization entitled to enjoy privileges, exemptions, and
immunities as an international organization under the International
Organizations Immunities Act (22 U.S.C. 288-288f). Examples include the
Organization for Economic Cooperation and Development (OECD) and the
United Nations. This amendment aligns USDA's debt collection
regulations with those of other U.S. Government agencies, such as the
Department of State and the United States Agency for International
Development, that work with public international organizations.
Consistent with the treatment of public international organizations
under U.S. law, these agencies group the collection of debts owed by
public international organizations along with the collection of debts
owed by foreign governments and sovereign institutions of foreign
governments in the list of debt collection actions to which their debt
management regulations do not apply. Therefore, USDA amends Sec.
3.1(c)(3) to include public international organizations.
Second, 7 CFR part 3, subpart F, establishes consolidated
administrative review procedures for debts subject to administrative
offset, administrative wage garnishment, and disclosure to credit
reporting agencies under subparts D and E of part 3. However, there is
a list in Sec. 3.60(b) of certain debt collection proceedings
initiated by USDA agencies that are subject to the separate
administrative review procedures in 7 CFR part 11, National Appeals
Division, rather than the procedures in 7 CFR part 3, subpart F. Among
the debt collection proceedings listed in Sec. 3.60(b) are those
initiated by CCC.
The statutory authority for the National Appeals Division only
specifically requires coverage for the CCC ``with respect to domestic
programs'' (7 U.S.C. 6991(2)(B)). This draws a statutory distinction
between domestic CCC programs and CCC programs administered outside the
United States by USDA's Foreign Agricultural Service. To clarify that
non-domestic CCC programs are addressed under the administrative review
procedures of 7 CFR part 3, subpart F, and not subject to the
procedures provided in 7 CFR part 11, USDA amends 7 CFR 3.60(b) by
adding the qualifier ``(with respect to domestic programs)'' to the
mention of CCC-initiated debt collection proceedings.
II. Notice and Comment Not Required
This rule is ministerial in nature and makes only clarifying,
technical adjustments to align USDA's debt management regulations.
Accordingly, pursuant to the administrative procedure provisions in 5
U.S.C. 553, USDA finds, for good cause, that prior notice and other
public procedure with respect to this action are not necessary and this
rule may be made effective less than 30 days after publication in the
Federal Register. Therefore, this rule will be effective upon
publication in the Federal Register.
III. Procedural Requirements
Executive Orders 12866 and 14094
The Office of Management and Budget (OMB) has determined that this
regulatory action does not meet the criteria for significant regulatory
action pursuant to Executive Order 12866, Regulatory Planning and
Review, as amended by Executive Order 14094, Modernizing Regulatory
Review.
As noted, this rule is ministerial in nature and makes only
clarifying, technical adjustments to align USDA's debt management
regulations. Accordingly, there are no economic impacts associated with
this action.
Regulatory Flexibility Act
The provisions of the Regulatory Flexibility Act relating to an
initial and final regulatory flexibility analysis (5 U.S.C. 603, 604)
are not applicable to this final rule because USDA was not required to
publish notice of proposed rulemaking under 5 U.S.C. 553 or any other
law. Accordingly, a regulatory flexibility analysis is not required.
Paperwork Reduction Act
This final rule imposes no new reporting or recordkeeping
requirements necessitating clearance by OMB.
List of Subjects in 7 CFR Part 3
Administrative practice and procedure, Claims, Government
employees, Income taxes, Loan programs--agriculture, Penalties,
Reporting and recordkeeping requirements, Wages.
[[Page 89276]]
Accordingly, USDA amends 7 CFR part 3 as follows:
PART 3--DEBT MANAGEMENT
0
1. The authority citation for part 3 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1506, 1981, 1981a, 1981d, and
2008h; 15 U.S.C. 714b; 31 U.S.C. 3701, 3711, 3716-18, and 3720B; and
31 CFR parts 285 and 901-904.
0
2. In Sec. 3.1, revise paragraph (c)(3) to read as follows:
Sec. 3.1 Purpose and scope.
* * * * *
(c) * * *
(3) Collection of debts owed by foreign governments, sovereign
institutions of foreign governments, or public international
organizations.
* * * * *
Sec. 3.60 [Amended]
0
3. In Sec. 3.60, in paragraph (b), add the words ``(with respect to
domestic programs)'' after the acronym ``CCC''.
Ethel Butler,
Fiscal Policy Division Director, Office of the Chief Financial Officer,
U.S. Department of Agriculture.
[FR Doc. 2023-28408 Filed 12-26-23; 8:45 am]
BILLING CODE 3410-90-P