[Federal Register: August 19, 2004 (Volume 69, Number 160)]
[Proposed Rules]
[Page 51404]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au04-21]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 211
[A.I.D. Reg 11]
RIN 0412-AA54
Transfer of Food Commodities for Use in Disaster Relief, Economic
Development and Other Assistance
AGENCY: Agency for International Development.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The USAID Office of Food for Peace proposes to amend and
update 22 CFR part 211, the primary regulatory document governing the
transfer of commodities to non-governmental organizations under Title
II of the Agricultural Trade Development and Assistance Act of 1954.
The purpose of rewriting this regulation is to bring the rule in line
with legislative changes made in both the 1996 and 2002 Farm Bills,
(Farm Security and Rural Investment Act of 2002, and Federal
Agriculture Improvement and Reform Act of 1996), as well as to update
the overall financial and programmatic procedural and reporting
requirements. Changes are expected to update and clarify standard
operating procedures, resulting in more efficient and streamlined
management of Title II programs.
DATES: Submit comments on or before September 18, 2004.
ADDRESSES: Mail or hand deliver comments to Lisa Witte, USAID/DCHA/FFP,
1300 Pennsylvania Avenue, NW., Rm. 7.06-102; Washington, DC 20523.
Telephone: (202) 712-5162. Submit electronic comments and other
relevant data to reg11@usaid.gov.
FOR FURTHER INFORMATION CONTACT: Lisa Witte, (202) 712-5162.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
You may submit comments and data by sending electronic mail (e-
mail) to: reg11@usaid.gov. Submit comments as a Word file avoiding the
use of special characters and any form of encryption.
Background
Title II of Pub. L. 480, as amended authorizes appropriation of
resources intended to combat hunger and malnutrition through support to
activities that raise the level of availability, access and utilization
of food in recipient countries. Title II programs are the
responsibility of the United States Agency for International
Development Bureau for Democracy, Conflict and Humanitarian Assistance,
Office of Food for Peace.
22 CFR part 211 is the primary regulatory document governing the
transfer of commodities to non-governmental organization (NGO)
programs. The document is out of date as it was last revised in 1992
following the 1990 Farm Bill. Thus, a re-written regulation with up to
date guidance reflecting the significant legislative changes that have
occurred (1996 and 2002 Farm Bills) and revised financial and
programmatic reporting requirements is necessary. This effort will be a
tremendous benefit to the overall management of Title II programs.
For the reasons discussed in the preamble, examples of what USAID
proposes to amend in 22 CFR part 211 are as follows:
1. Revise the overall organization of 22 CFR part 211 in accordance
with all Federal Register publication requirements and Office of the
Federal Register document drafting resources.
2. Update legislative regulatory references and references to
agency policy and program guidelines.
3. Update and clarify definitions of and references to FFP/W,
Missions, USAID, diplomatic posts, M/OP/TRANS, M/FM, USDA/Washington
and Kansas City. Ensure references to these entities are used
consistently throughout the regulation in terms of roles, decision-
making and re-delegations of authority. Update existing definitions as
well as new conceptual terms in accordance with Food for Peace's new
strategic plan, policy and legislation.
4. Update program application process, program procedures, closeout
and disposition guidance, and terminology used throughout the
regulation. Ensure consistency with 22 CFR part 226 and OMB Circular A-
110.
5. Update deposit and account information.
6. Update commodity and shipping procedures as well as the ocean
carrier loss and damage section.
7. Revise language on displacement of sales to be written in the
context of usual marketing requirements (UMR) as promulgated by USDA.
8. Revise commodity transfer language in Sec. 211.5(o) in
accordance with Development Assistance Program (DAP) guidance.
9. Revise to increase dollar thresholds throughout regulation to
reflect more appropriate levels of USAID mission and PVO
responsibility, considering use of blanket waivers in lieu of
thresholds where suitable.
10. Clarify the use of collected claims proceed types in Sec.
211.9: monetized commodity, program income and commodity loss; clarify
where to deposit claims proceeds; revise thresholds. Clarify the
differences in (a) marine claims/losses, and (b) inland and/or third
party losses.
This request for comments provides a summary description of
possible changes and is not limited to the foregoing. USAID/DCHA/FFP
also seeks comments and/or suggestions concerning other issues that may
affect the implementation of the Transfer of Food Commodities under
Title II of Pub. L. 480 and whether FFP's regulations should be amended
or modified in light of such issues.
List of Subjects in 22 CFR Part 211
Agricultural commodities, Disaster assistance, Food assistance
programs, Foreign aid, Non-profit organizations, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 1726a(c).
Dated: August 13, 2004.
Lauren Landis,
Office Director for the Office of Food for Peace, Bureau of Democracy,
Conflict and Humanitarian Assistance, United States Agency for
International Development.
[FR Doc. 04-19007 Filed 8-18-04; 8:45 am]
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