Federal Register: September 8, 2009 (Volume 74, Number 172)

DOCID: fr08se09-23 FR Doc E9-21552

SUBJECT CATEGORY:

Market Access Program

DATES: Comments concerning this proposed rule must be received by November 9, 2009 to be assured consideration.

DOCUMENT SUMMARY:

This proposed rule would revise and amend the regulations at 7 CFR part 1485 used to administer the Market Access Program (MAP) by updating and merging the application requirements and the activity plan requirements to reflect the Unified Export Strategy (UES) system currently in place; clarifying the eligibility of activities designed to address international market access issues; modifying the list of eligible and ineligible contributions; revising the portions of the regulation regarding evaluations, contracting procedures, and the compliance review and appeals process; eliminating the Export Incentive Program/Market Access Program (EIP/MAP) as a separate subcomponent; and making other administrative changes for clarity and program integrity.

SUMMARY:

Market Access Program

SUPPLEMENTAL INFORMATION

Background

On May 23, 2007, the Commodity Credit Corporation (CCC) published an advance notice of proposed rulemaking and public hearing in the Federal Register (72 FR 28901). This notice was intended to solicit comments on whether to amend and revise the existing MAP regulations. In addition, CCC held a public hearing on July 25, 2007, to receive oral and written comments. This proposed rule includes changes based on public comments and CCC's experience in operating the program. The following changes are proposed:

CCC proposes to add a separate paragraph to note explicitly the applicability of other Federal statutes and regulations to the activities of MAP participants. CCC also proposes to add new definitions and to delete obsolete definitions. Of note, CCC proposes to clarify the definitions of U.S. agricultural commodity, brand promotion, CCC, contribution, credit memo, expenditure, generic promotion, supergrade, and smallsized entity. CCC proposes to remove the definitions of activity plan, activity plan amendment request (APAR), deputy administrator, division director, EIP/MAP, EIP/MAP participant, eligible commodity, exported commodity, unfair trade practice, U.S. commercial entity, and U.S. industry contribution. CCC proposes to add definitions of administrative expenses or costs, approval letter, brand participant, UES Web site, FAS Web site, notification, program agreement, program year, temporary contractor, U.S. forprofit entity, and UES.

CCC proposes to modify the language that describes the application process and activity plan. CCC proposes to update and merge the list of application requirements and the activity plan requirements to better reflect the UES system that has been in place for several years.

CCC proposes to modify the lists of reimbursable and non reimbursable activities to clarify the reimbursability of certain activities, e.g., to allow reimbursement for the use of electronic media in advertising (such as radio, television, electronic mail, Internet, telephone, text messaging, and podcasting) and portable electronic communications devices (such as mobile phones, wireless e mail devices, and personal digital assistants). Other clarifications address overseas office expenses, legal expenses, market research, coupons, permanent displays, subscriptions to publications, travel reimbursement, Office of Management and Budget (OMB) Circular A133 audits, and translation of written materials. CCC also proposes to clarify that expenditures associated with educational training designed to improve market access by addressing temporary or permanent trade barriers are reimbursable. Such activities are currently allowable, but were not specifically identified in the regulation.

CCC proposes to modify the list of reimbursable activities to include development and use of Web sites; production of business cards that target a foreign audience; expenditures associated with conducting international staff conferences; expenditures related to copyright, trademark, or patent registration; leasing storage space overseas for storing program materials; and business class travel to be more consistent with the federal travel regulation.

Throughout the program's history, certain domestic administrative costs have been reimbursable for regional or national groupings of state departments of agriculture. CCC proposes to broaden this eligibility to allow for domestic administrative costs for the Intertribal Agriculture Council, which is a similar grouping of Native American and Alaskan tribes.

CCC proposes to modify the list of nonreimbursable activities to make ineligible expenditures on activities that include derogatory references or negative comparisons to other U.S. agricultural commodities and contributions to a contingency reserve. CCC also proposes to clarify that if a MAP participant discovers that MAP funds have not been spent properly, the participant has 30 days to inform CCC and repay the amount misspent.

CCC proposes to clarify, separate, and include in a new paragraph MAP contribution rules that were originally subsumed in the application process paragraph.

CCC proposes to separate existing paragraphs entitled ``Financial management, reports, evaluations, and appeals'' and ``Miscellaneous provisions'' into multiple paragraphs to provide greater clarity. CCC proposes to establish separate paragraphs to describe the compliance review and appeals processes; amendment of agreements; termination of agreements;
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consequences of noncompliance with agreements; as well as new paragraphs on financial management, evaluation, information disclosure, ethical conduct, physical property, program income, and reporting. CCC proposes to extend the due date for evaluation reports and annual performance reports to 180 days following the end of a program year.

CCC proposes a new paragraph establishing new requirements for a participant to submit to CCC, for CCC's approval, a contracting plan that outlines its procedures for developing and publicizing requests for proposals, invitations for bids, and similar documents that solicit thirdparty offers to provide goods or services; procedures for reviewing proposals, bids, or other offers to provide goods and services; and other contracting requirements, including conflict of interest provisions that extend beyond the relevant actor's immediate family.

In addition, CCC proposes to add a paragraph requiring MAP participants that operate brand programs under MAP to establish certain operational procedures outlined in this proposed rule.

CCC also proposes to add a paragraph imposing new requirements on participants to establish and maintain a fraud prevention program and to report to CCC any allegations regarding potential fraud against the program.

Finally, CCC proposes to eliminate the EIP/MAP subcomponent, which was a part of the program limited to forprofit entities that entered into agreements with CCC. This applied when the program was available to large companies, but such companies are no longer eligible for the program.

Executive Order 12866

This proposed rule is issued in conformance with Executive Order 12866. It has been determined to be not significant for the purposes of Executive Order 12866 and was not reviewed by OMB. A costbenefit assessment of this rule was not completed.

Executive Order 12988

This rule has been reviewed in accordance with Executive Order 12988. This rule does not preempt State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. This rule would not be retroactive.

Executive Order 12372

This program is not subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983).

Regulatory Flexibility Act

The Regulatory Flexibility Act does not apply to this rule because CCC is not required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking with respect to the subject matter of this rule.

Environmental Assessment

CCC has determined that this proposed rule does not constitute a major State or Federal action that would significantly affect the human or natural environment. Consistent with the National Environmental Policy Act (NEPA), 40 CFR part 1502.4, ``Major Federal Actions Requiring the Preparation of Environmental Impact Statements'' and the regulations of the Council on Environmental Quality, 40 CFR parts 1500 1508, no environmental assessment or environmental impact statement will be prepared.

Unfunded Mandates

Although we are publishing this as a proposed rule, Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) does not apply to this rule because it does not impose any enforceable duty or contain any unfunded mandate as described under the UMRA.

Paperwork Reduction Act of 1995

In accordance with the Paperwork Reduction Act of 1995, FAS has previously received approval from OMB with respect to the information collection required to support this program. The information collection is described below:

Title: Foreign Market Development Program (FMD) and Market Access Program (MAP);

OMB Control Number: 05510026.

EGovernment Act Compliance

CCC is committed to complying with the EGovernment 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. The forms, regulations, and other information collection activities required to be utilized by a person subject to this rule are available at: http://www.fas.usda.gov. List of Subjects in 7 CFR Part 1485

Agricultural commodities, Exports.

For the reasons stated in the preamble, CCC proposes to amend 7 CFR part 1485 as follows:
PART 1485GRANT AGREEMENTS FOR THE DEVELOPMENT OF FOREIGN MARKETS FOR U.S. AGRICULTURAL COMMODITIES

1. The authority citation for 7 CFR part 1485 continues to read as follows:

Authority: 7 U.S.C. 5623; 7 U.S.C. 56625663 and sec. 1302, Public Law 10366, 107 Stat. 330.

2. Subpart B is revised to read as follows:
Subpart BMarket Access Program
Sec.
1485.10 General purpose and scope.
1485.11 Definitions.
1485.12 Participation eligibility.
1485.13 Application process.
1485.14 Application review and formation of agreements.
1485.15 Operational procedures for brand programs.
1485.16 Contribution rules.
1485.17 Reimbursement rules.
1485.18 Reimbursement procedures.
1485.19 Advances.
1485.20 Employment practices.
1485.21 Financial management.
1485.22 Reports.
1485.23 Evaluation.
1485.24 Compliance reviews and notices.
1485.25 Failure to make required contribution.
1485.26 Submissions.
1485.27 Disclosure of program information.
1485.28 Ethical conduct.
1485.29 Contracting procedures.
1485.30 Property standards.
1485.31 Antifraud requirements.
1485.32 Program income.
1485.33 Amendment.
1485.34 Noncompliance with an agreement.
1485.35 Suspension, termination, and closeout of agreements. 1485.36 Paperwork reduction requirements.
Subpart BMarket Access Program
Sec. 1485.10 General purpose and scope.
(a) This subpart sets forth the general terms, conditions, and policies governing the Commodity Credit Corporation's (CCC) operation of the Market Access Program (MAP).
(b)(1) In addition to the provisions of this subpart, other regulations of general application issued by the U. S. Department of Agriculture (USDA), including the regulations set forth in Chapter XXX of this title, ``Office of the Chief Financial Officer, Department of Agriculture,'' may apply to the MAP. These include, but are not limited to:
(i) 7 CFR part 1, subpart AOfficial Records
(ii) 7 CFR part 3Debt Management
(iii) 7 CFR part 15, subpart ANondiscrimination
(iv) 7 CFR part 3015Uniform Federal Assistance Regulations
(v) 7 CFR part 3016Uniform Administrative Requirements for
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Grants and Cooperative Agreements to State and Local Governments (vi) 7 CFR part 3017Governmentwide Debarment and Suspension (Nonprocurement)
(vii) 7 CFR part 3018New Restrictions on Lobbying
(viii) 7 CFR part 3019Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations
(ix) 7 CFR part 3021Governmentwide requirements for drugfree workplace (financial assistance)
(x) 7 CFR part 3052Audits of States, Local Governments, and Non profit Organizations
(xi) 48 CFR part 31Contract Cost Principles and Procedures of the Federal Acquisition Regulations.
(2) In addition, relevant provisions of the CCC Charter Act (15 U.S.C. 714 et seq.) and any other statutory provisions that are generally applicable to CCC are also applicable to the MAP and the regulations set forth in this part.
(3) MAP participants must also comply with Title VI for the Civil Rights Act of 1964 and related civil rights regulations and policies. (c) Under the MAP, CCC may provide grants to eligible U.S. entities to conduct certain marketing and promotion activities aimed at developing, maintaining, or expanding commercial export markets for U.S. agricultural commodities and products. MAP participants may receive assistance for either generic or brand promotion activities. While activities generally take place overseas, reimbursable activities may also take place in the United States. When considering eligible nonprofit U.S. trade organizations, CCC gives priority to organizations that have the broadest producer representation and affiliated industry participation of the commodity being promoted.
(d) The MAP generally operates on a reimbursement basis. (e) CCC's policy is to ensure that benefits generated by MAP agreements are broadly available throughout the relevant agricultural sector and that no single entity gains an undue advantage. CCC also endeavors to enter into MAP agreements covering a broad array of agricultural commodity sectors. The MAP is administered by personnel of the Foreign Agricultural Service (FAS) acting on behalf of CCC. Sec. 1485.11 Definitions.

For purposes of this subpart the following definitions apply:

Activitya specific foreign market development effort undertaken by a MAP participant.

Administrative expenses or costs expenses or costs of administering, directing, and controlling an organization that is a MAP participant that are not directly identifiable with a specific market promotion activity. Generally, this would include expenses or costs such as those related to:
(1) Maintaining a physical office (including, but not limited to, rent, office equipment, office supplies, office d[eacute]cor, office furniture, computer hardware and software, maintenance, extermination, parking, business cards);
(2) Personnel (including, but not limited to, salaries, benefits, payroll taxes, individual insurance, training);
(3) Communications (including, but not limited to, phone expenses, Internet, mobile phones, personal digital assistants, email, mobile e mail devices, postage, courier services, television, radio, walkie talkies);
(4) Management of an organization or unit of an organization (including, but not limited to, planning, supervision, supervisory travel, teambuilding, recruiting, hiring);
(5) Utilities (including, but not limited to, sewer, water, energy);
(6) Professional services (including, but not limited to, accounting expenses, financial services, investigatory services).

Approval lettera document by which CCC informs an applicant that its MAP application for a program year has been approved for funding. This letter may also approve specific activities and contain terms and conditions in addition to the program agreement. This letter requires a countersignature by the MAP participant before it becomes effective.

Attach[eacute]/Counselorthe FAS employee representing USDA interests in the foreign country in which promotional activities are conducted.

Brand participanta smallsized U.S. forprofit entity or a non profit U.S. agricultural cooperative that owns the brand(s) of the U.S. agricultural commodity to be promoted or has the exclusive rights to use such brand(s) and that is participating in the MAP brand promotion program of another MAP participant.

Brand promotionan activity that involves the exclusive or predominant use of a single U.S. company name, or the logo or brand name of a single U.S. company, or any activity undertaken by a MAP participant in the brand program.

CCCthe Commodity Credit Corporation, including any agency or official of the United States delegated the responsibility to act on behalf of CCC.

Contributionan expenditure made by a MAP participant or U.S. industry in support of an approved activity.

Credit memoa commercial document, also known as a credit memorandum, issued by the MAP participant to a commercial entity that owes the MAP participant a certain sum. A credit memo is used when the MAP participant owes the commercial entity a sum less than the amount the entity owes the participant. The credit memo reflects an offset of the amount the MAP participant owes the entity against the amount the entity owes to the MAP participant.

Demonstration projectsactivities involving the erection or construction of a structure or facility or the installation of equipment.

Expenditureeither payment via the transfer of funds or offset reflected in a credit memo in lieu of a transfer of funds.

FASForeign Agricultural Service, USDA.

FAS Web sitea Web site maintained by FAS providing information on MAP. It is currently accessible at www.fas.usda.gov/mos/programs/ map.asp.

Foreign third partya foreign entity that works with a MAP participant, in accordance with an approved MAP program agreement and/ or approval letter, in promoting the export of a U.S. agricultural commodity.

Generic promotionan activity that is not a brand promotion but, rather, promotes a U.S. agricultural commodity generally.

MAPthe Market Access Program.

MAP participant or Participantan entity that has entered into a MAP program agreement with CCC.

Marketthe country or countries targeted by an activity.

Notificationa document from the MAP participant by which the MAP participant proposes to CCC changes to the activities and/or funding levels in an approved MAP program agreement and/or approval letter.

Program agreementa document entered into between CCC and a MAP participant setting forth the terms and conditions of approved activities under MAP, including any subsequent amendments to such agreement.

Program yearUnless otherwise agreed in writing between CCC and a MAP participant, a 12month period during which a MAP participant can undertake activities consistent with this subpart and its program agreement with CCC.

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Promoted commoditya U.S. agricultural commodity the sale of which is the intended result of a promotion activity.

Sales and trade relations expenditures (STRE)expenditures made on breakfast, lunch, dinner, receptions, and refreshments at approved activities; miscellaneous courtesies such as checkroom fees, taxi fares and tips; and decorations for a special promotional occasion.

Sales teama group of individuals engaged in an approved activity intended to result in specific sales.

Smallsized entitya U.S. commercial entity that meets the small business size standards published at 13 CFR part 121, Small Business Size Regulations.

SRTGthe acronym for State Regional Trade Group. An SRTG is an association of State Departments of Agriculture.

Supergradea salary level above the reimbursable salary range generally allowable under MAP, which CCC may approve on a case by case basis. This salary level is available only for certain nonU.S. employees who direct participants' overseas offices.

Temporary contractora contractor, typically a consultant or other highly paid professional, that is hired on a short term basis to assist in the performance of an activity.

Trade teama group of individuals engaged in an approved activity intended to promote the interests of an entire agricultural sector rather than to result in specific sales by any of its members.

UES Web sitea Web site maintained by FAS through which applicants may apply online to MAP and any other USDA market promotion program. The Web site is currently accessible at http://www.fas.usda.gov/mos/ ues/unified.asp.

Unified Export Strategy (UES)is a standardized online Internet application developed by USDA and available for use by entities to apply to any USDA market development program.

U.S. agricultural commodityany food, feed, fiber, forestry product, livestock, or insect of U.S. origin or fish harvested from a U.S. aquaculture farm or harvested by a vessel as defined in Title 46 of the United States Code, in waters that are not waters (including the territorial sea) of a foreign country, and any product thereof, excluding tobacco. An agricultural commodity shall be considered to be U.S. origin if it is comprised of at least 50 percent by weight, exclusive of added water, of agricultural commodities grown or raised in the United States.

USDA the United States Department of Agriculture.

U.S. forprofit entitya firm, cooperative, association, or other entity organized or incorporated, located and doing business for profit in the United States and engaged in the export or sale of a U.S. agricultural commodity.
Sec. 1485.12 Participation eligibility.

To participate in the MAP, an entity shall be:
(a) A nonprofit U.S agricultural trade organization;
(b) A nonprofit SRTG;
(c) A nonprofit U.S. agricultural cooperative; or
(d) A State agency.
Sec. 1485.13 Application process.
(a) General application requirements. CCC will periodically publish a Notice in the Federal Register that it is accepting applications for participation in MAP. Applications shall be submitted in accordance with the terms and requirements specified in the Notice and in these regulations. Applicants are encouraged to submit a UES through the UES Internet Web site, but are not required to do so. Applicants may apply to conduct a generic promotion program, a brand promotion program that provides MAP funds to brand participants for branded promotion, or both.
(1) Applicant and program information.
(i) All applications shall contain:
(A) The name, address, and Internet location of the home page of the applicant organization;
(B) The name of the applicant's Chief Executive Officer; (C) The name, telephone number, fax number, and email address of the applicant's primary contact person;
(D) The name(s) of the person(s) responsible for managing the proposed program;
(E) A description of the applicant organization, including the type of organization of the applicant (e.g., nonprofit SRTG), its mission, and the statutory authorities by which it is constituted and under which it operates, if applicable;
(F) Tax exempt identification number of the applicant, if applicable;
(G) Beginning and ending dates for proposed program year (mm/dd/yy mm/dd/yy);
(H) Dollar amount of CCC resources requested for generic activities;
(I) Dollar amount of CCC resources requested for brand activities; (J) Percentage of CCC resources requested for brand activities that will be made available to smallsized entities;
(K) Total dollar amount of CCC resources requested;
(L) Percentage of CCC resources requested for general
administrative expenses;
(M) A Dun and Bradstreet DUNS number for the applicant; (N) A description of the applicant organization's membership and membership criteria;
(O) A list of organizations affiliated with the applicant, including parent organizations, subsidiaries, and partnerships; (P) A description of the applicant's management and administrative capability;
(Q) A description of the applicant's prior export promotion experience;
(R) Value, in U.S. dollars, of proposed contributions from the applicant;
(S) The applicant's proposed contribution stated as a percentage of the total dollar amount of CCC resources requested; and
(T) Value, in U.S. dollars, of proposed contributions from other sources.
(ii) [Reserved]
(2) Program justification.
(i) All applications shall contain:
(A) A description of the promoted U.S. agricultural commodity(s), its harmonized system code, the applicable commodity aggregate code (available from the UES Web site) and the percentage of U.S. origin content by weight, exclusive of added water;
(B) A description of the anticipated supply and demand situation for the promoted U.S. agricultural commodity(s);
(C) The volume and value of exports of the promoted U.S. agricultural commodity(s) to the targeted markets for the most recent 3year period;
(D) If the proposal is for 2 or more years, an explanation why the proposal should be funded on a multiyear basis; and
(E) A certification and, if requested by CCC, a written explanation supporting the certification that any funds received will supplement, but not supplant, any private or thirdparty funds or other contributions to program activities. An explanation, if one is requested, shall indicate why the applicant is unlikely to carry out the activities without Federal financial assistance. In determining whether Federal funds would supplement or supplant private or third party funds or contributions, CCC will consider the applicant's prior overall marketing budget in the MAP program from yeartoyear, variations in promotional strategies within a country, and new markets. (ii) [Reserved]
(3) Proposed program's strategic plan.
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(i) All applications shall include a strategic plan that contains: (A) A description of overall long term strategic goals to be advanced by the proposed activities for the ensuing 35 years; (B) An explanation of the organization's strategic planning process and identification of priority target markets, including a summary of proposed budgets by country and commodity aggregate code;
(C) A description of the world market situation for the exported U.S. agricultural commodity(s);
(D) A description of competition from other exporters;
(E) A statement of goals and the applicant's plans for monitoring and evaluating performance towards achieving these goals;
(F) For each country, 5 years or as many years as are available of: (1) Historical U.S. export data;
(2) U.S. market share; and
(3) MAP funds received by the applicant;
(G) For each target country, 3 years of projected U.S. export data and U.S. market share;
(H) Country strategy, including market constraint(s) impeding U.S. exports (e.g., trade barriers) or opportunities present and the strategy proposed to overcome constraints or take advantage of the opportunities, previous activities in the country, and the projected impact of the proposed program on U.S. exports;
(I) A justification for any proposed overseas office, including a staffing plan listing job titles, position descriptions, salary ranges, any request for approval of supergrade salaries, and an itemized administrative budget;
(J) A description of any demonstration projects, if applicable; (K) Data summarizing the applicant's historical and projected exports, market share, and MAP budgets of the promoted U.S. agricultural commodity(s);
(L) A written presentation of all proposed activities including: (1) A short description of the relevant market constraint or opportunity;
(2) A budget for each proposed activity, identifying the source of funds; and
(M) An evaluation plan setting forth specific goals and benchmarks set at regular intervals to be used to identify results against identified constraints and opportunities and to measure progress made in the target market. Evaluation of a proposed MAP program's effectiveness will depend on a clear statement by the applicant of goals, method of achievement, and expected results of programming at regular intervals. The overall goal of the MAP and of individual participants' programming is to achieve or maintain sales that would not have occurred in the absence of MAP funding. A MAP participant may modify and resubmit this plan for reapproval at any time during the program year.
(ii) Applications for brand promotion assistance shall also include in their strategic plans:
(A) A description of how the brand promotion program will be publicized to U.S. industry; and
(B) The criteria that will be used to allocate funds to U.S. for profit entities.
(b) CCC may request any additional information that it deems necessary to evaluate an application, including, but not limited to, performance measurement information.
(c) Special rules governing demonstration projects funded with CCC resources.
(1) CCC will consider proposals for demonstration projects, provided:
(i) No more than one such demonstration project per constraint is undertaken within a market;
(ii) The constraint to be addressed in the target market is a lack of technical knowledge or expertise;
(iii) The demonstration project is a practical and cost effective method of overcoming the constraint; and
(iv) A thirdparty must participate in such project through a written agreement.
Sec. 1485.14 Application review and formation of agreements. (a) General. CCC will, subject to the availability of funds, approve those applications that it considers to present the best opportunity for developing, maintaining, or expanding export markets for U.S. agricultural commodities. The selection process, by its nature, involves the exercise of judgment. CCC's choice of participants and proposed promotion projects requires that it consider and weigh a number of factors, some of which cannot be mathematically measured e.g., market opportunity, market strategy, and management capability. CCC may require that an applicant participate in the MAP through another MAP participant or applicant.
(b) Application review criteria. In assessing the likelihood of success of the applications it receives and deciding which it will approve, CCC will follow resultsoriented management principles and consider the following criteria:
(1) The effectiveness of program management;
(2) Soundness of accounting procedures;
(3) The nature of the applicant organization, with preference given to those organizations with the broadest base of producer
representation and affiliated industry participation;
(4) Prior export promotion experience;
(5) Appropriateness of staffing;
(6) Adequacy of the applicant's strategic plan in the following categories;
(i) Description of target market conditions;
(ii) Description of, and plan for addressing, market constraints and opportunities;
(iii) Breadth of industry participation in strategic planning process;
(iv) Strategic prioritization identified in proposed plan; (v) Export volume and value and market share goals in each target country;
(vi) Description of evaluation plan and suitability of the plan for performance measurement; and
(vii) Past program results and/or evaluations, including program success stories.
(c) Allocation factors. CCC determines which applications to approve and develops preliminary recommended funding levels for each approved application based on the following factors, in addition to those in paragraph (b) of this section. CCC determines final funding levels after allocating available funds to approved applications on the basis of criteria that will be fully described in each program year's MAP announcement in the Federal Register:
(1) Size of the budget request in relation to projected value of exports;
(2) Where applicable, size of the budget request in relation to actual value of exports in prior years;
(3) Where applicable, participant's past projections of exports compared with actual exports;
(4) Level of contributions by the applicant and by all other sources;
(5) Market share goals in target country(ies);
(6) The percentage by weight, exclusive of added water, of U.S. agricultural commodities contained in the promoted products; (7) The degree of valueadded processing in the United States; (8) General administrative and overhead costs compared to direct promotional costs; and
(9) In the case of a brand promotion program, the percentage of the budget that will be made available to smallsized entities as a means of providing priority assistance to such entities.
(d) Approval decision.
(1) CCC will approve those applications that it determines best [[Page 46032]]
satisfy the criteria and factors specified above.
(2) Notification of decision. CCC will notify each applicant in writing of the final disposition of its application.
(e) Formation of agreements. CCC will send a program agreement (or amendment to an existing program agreement), an approval letter, and a signature card to each approved applicant. The program agreement or amendment and the approval letter will outline which activities and budgets are approved and will specify any special terms and conditions applicable to a MAP participant's program, including any requirements with respect to contributions and program evaluations. An applicant that decides to accept the terms and conditions contained in the program agreement or amendment must so indicate by having its Chief Executive Officer (CEO) or designee sign the program agreement or amendment and submit it to CCC. Final agreement shall occur when the program agreement or amendment is signed on behalf of CCC.
(f) Signature cards. The MAP participant shall designate at least two individuals in its organization to sign program agreements, reimbursement claims, and advance requests. The MAP participant shall submit the signature card signed by those designated individuals and by the participant's CEO to CCC. The participant shall immediately notify CCC of any changes in signatories and shall submit a revised signature card accordingly.
(g) UES ID and passwords. CCC will provide each MAP participant with IDs and passwords for the UES website, as necessary. MAP participants shall protect these IDs and passwords in accordance with USDA's information technology policies that CCC will provide to MAP participants. MAP participants shall immediately notify CCC whenever a person who possesses the ID and password information no longer needs such information or a person who is not authorized gains such information.
(h) A MAP participant through which smallsized U.S. forprofit entities are participating in the MAP program shall obtain annual certifications from all such entities that they are smallsized entities as defined in these regulations. The participant shall retain these certifications in accordance with the recordkeeping requirements of this subpart.
(i) Changes to activities and funding.
(1) Adding a new activity.
(i) A MAP participant may not add a new activity to its approved MAP program without first obtaining CCC written approval of such change. To request approval of such change, the MAP participant shall submit a notification to CCC.
(ii) A notification for a new activity shall provide an activity justification and proposed activity strategic plan similar to the program justification and proposed program's strategic plan required in new applications. The notification shall contain the activity description, the proposed budget, and a justification of transfer of funds.
(iii) After receipt of the notification, CCC will inform the MAP participant in writing whether the requested change is approved. (2) Deleting or modifying existing activities and funding levels. (i) A MAP participant may make adjustments to its existing, approved activities and/or funding levels without prior approval of CCC, only if it submits a notification explaining the adjustments to CCC no later than 30 days after the change. However, a MAP participant desiring to increase the funding level for existing, approved activities addressing a single constraint or opportunity by more than $10,000 or 20 percent of the approved funding level, whichever is greater, must first submit a notification explaining the adjustment to CCC before making such change. If CCC does not disapprove of the proposed increase in funding level within 15 days, then the MAP participant may so adjust the level.
(ii) A notification of a modified or deleted activity shall contain the activity description, the proposed budget, and a justification of transfer of funds, if applicable.
(iii) A notification of changes to the approved funding levels of approved activities shall contain the activity description, the existing funding level, the proposed funding level, and a justification for transfer of funds, if applicable.
Sec. 1485.15 Operational procedures for brand programs.
(a) Where CCC approves an application by a MAP participant to run a brand promotion program that will include third party brand participants, the MAP participant shall establish brand program operational procedures. The MAP participant annually shall submit to CCC for approval, not later than 21 days prior to signing participation agreements with third party brand participants, its proposed brand program operational procedures for such program year. Such procedures shall include, at a minimum, a brand program application, application procedures, application review criteria, brand participant eligibility requirements, a participation agreement, reimbursement requirements, compliance requirements, reporting and recordkeeping requirements, employment practices, financial management requirements, contracting procedures, and evaluation requirements.
(b) The MAP participant shall not enter into any participation agreements with third party brand participants nor shall it implement any MAP brand activities for the applicable program year unless and until CCC has communicated in writing its approval of the proposed operational procedures to the MAP participant.
(c) Participation agreements between MAP participants and third party brand participants. Where CCC approves a MAP participant's application to run a brand promotion program that will include third party brand participants, the MAP participant shall enter into participation agreements with third party brand participants. These agreements must:
(1) Specify a time period for such third party brand promotion and require that all third party brand promotion expenditures be made within the MAP participant's approved program year;
(2) Make no allowance for extension or renewal;
(3) Limit reimbursable expenditures to those made in countries and for activities approved in the third party brand participant's activity plan;
(4) Specify the percentage of promotion expenditures that will be reimbursed, reimbursement procedures, and documentation requirements; (5) Include a written certification by the third party brand participant that it either owns the brand of the product it will promote or has exclusive rights to promote the brand in each of the countries in which promotion activities will occur;
(6) Require that all product labels, promotional material, and advertising will identify the origin of the U.S. agricultural commodity as ``Product of the U.S.'', ``Product of the U.S.A.'', ``Grown in the U.S.'', ``Grown in the U.S.A.'', ``Made in America'' or other U.S. regional designation if approved in advance by CCC; that such origin identification will be conspicuously displayed; and that such origin identification will conform, to the extent possible, to the U.S. standard of \1/6\ inch (.42 centimeters) in height based on the lower case letter ``o''. A MAP participant may request an exemption from this requirement on a casebycase basis. All such requests shall be in writing and include justification satisfactory to CCC that this labeling
[[Page 46033]]
requirement would hinder a MAP participant's promotional efforts. CCC will determine, on a case by case basis, whether sufficient justification exists to grant an exemption from the labeling requirement;
(7) Include a written certification by the third party brand participant that it is a smallsized entity as defined in this subpart; (8) Require that the third party brand participant submit to the MAP participant a statement certifying that any Federal funds received will supplement, but not supplant, any private or third party funds or other contributions to program activities; and
(9) Require the third party brand participant to maintain all original records and documents relating to program activities for 5 calendar years following the end of the applicable program year and make such records and documents available upon request to authorized officials of the U.S. Government.
(d) MAP participants may not provide assistance to a single company, including a company reincorporated or reorganized under the same or different name if the reincorporated or reorganized company is substantially similar to the preexisting company, for brand promotion in a single country for more than 5 years. Such 5 years do not need to be consecutive. Such 5year period shall not begin prior to the 1994 program year or the brand participant's first program year, whichever is later. In limited circumstances, CCC may waive the 5year limitation if CCC determines that further assistance is in the best interests of the MAP. CCC shall have the discretion to decide whether a reincorporated or reorganized company is substantially similar to the preexisting company for purposes of applying this 5year rule. Sec. 1485.16 Contribution rules.
(a) In MAP generic promotion programs, a MAP participant shall contribute a total amount in goods, services, and/or cash equal to at least 10 percent of the value of resources to be provided by CCC for all generic promotion activities proposed to be undertaken by the participant.
(b) In MAP brand promotion programs, a brand participant shall contribute at least 50 percent of the total eligible expenditures made on each approved brand promotion.
(c) A MAP participant must use its own funds and may not use MAP program funds to pay any administrative costs of the MAP participant's U.S. office(s), including legal fees, except as set forth in this subpart.
(d) Eligible contributions.
(1) In calculating the amount of contributions that it will make, and the contributions that the U.S. industry (including expenditures to be made by entities in the applicant's industry in support of the entities' related promotion activities in the markets covered by the applicant's application) or State agency will make, the MAP applicant may include the costs listed under paragraph (d)(2) of this section if: (i) Expenditures will be made in furtherance of an approved activity, and
(ii) The contributor has not been and will not be reimbursed by any source for such costs.
(2) Subject to paragraphs (c) and (d)(1) of this section, eligible contributions are:
(i) Cash;
(ii) Compensation paid to personnel;
(iii) The cost of acquiring materials, supplies or services; (iv) The cost of office space;
(v) A reasonable and justifiable proportion of general administrative costs and overhead;
(vi) Payments for indemnity and fidelity bond expenses; (vii) The cost of business cards that target a foreign audience; (viii) The cost of seasonal greeting cards;
(ix) Fees for office parking;
(x) The cost of subscriptions to publications;
(xi) The cost of activities conducted overseas;
(xii) Credit card fees;
(xiii) The cost of any independent evaluation or audit that is not required by CCC to ensure compliance with program agreement or regulatory requirements;
(xiv) The cost of giveaways, awards, prizes and gifts;
(xv) The cost of product samples;
(xvi) Fees for participating in U.S. Government activities; (xvii) The cost of air and local travel in the United States; (xviii) Payment of employee's or contractor's share of personal taxes;
(xix) STRE in the United States and the cost associated with trade shows, seminars, and entertainment conducted in the United States; (xx) Other administrative expenses (e.g., supervisory travel from the U.S. to an overseas office); and
(xxi) The cost of any activity expressly listed as reimbursable in this subpart.
(3) The following are not eligible contributions:
(i) Any portion of salary or compensation of an individual who is the target of an approved promotional activity;
(ii) Any expenditure, including that portion of salary and time spent, related to promoting membership in the participant organization (sometimes referred to in the industry as ``backsell'');
(iii) Any land costs other than allowable costs for office space; (iv) Depreciation;
(v) The cost of refreshments and related equipment provided to office staff;
(vi) The cost of insuring articles owned by private individuals; (vii) The cost of any arrangement that has the effect of reducing the selling price of a U.S. agricultural commodity;
(viii) The cost of product development, product modifications, or product research;
(ix) Slotting fees or similar sales expenditures;
(x) Membership fees in clubs and social organizations; and (xi) Any expenditure for an activity prior to CCC's approval of that activity.
(4) CCC shall determine, at CCC's discretion, whether any cost not expressly listed in this section may be included by the MAP participant as an eligible contribution.
Sec. 1485.17 Reimbursement rules.
(a) A MAP participant may seek reimbursement for an eligible expenditure if:
(1) The expenditure was made in furtherance of an approved activity; and
(2) The participant has not been and will not be reimbursed for such expenditure by any other source.
(b) Subject to paragraph (a) of this section, CCC will reimburse, in whole or in part, the cost of:
(1) Production and placement of advertising, in print, electronic media, billboards, or posters, which may include advertising the availability of price discounts. Electronic media includes, but is not limited to, radio, television, electronic mail, internet, telephone, text messaging, and podcasting;
(2) Production and distribution of banners, recipe cards, table tents, shelf talkers, and other similar point of sale materials; (3) Direct mail advertising;
(4) Instore and food service promotions, product demonstrations to the trade and to consumers, and distribution of promotional samples; (5) Temporary displays and rental of space for temporary displays; (6) Expenditures, other than travel expenditures, associated with retail, trade, consumer exhibits and shows,
[[Page 46034]]
seminars, and educational training, including participation fees, booth construction, transportation of related materials, rental of space and equipment, and duplication of related printed materials;
(7) International air travel, not to exceed the full fare economy rate, or other means of international transportation and per diem, as allowed under the U.S. Federal Travel Regulations (41 CFR parts 301 through 304), for no more than two representatives of a single brand participant to exhibit their company's products at a foreign trade show;
(8) Subscriptions to publications that are of a technical, economic, or marketing nature and that are relevant to the approved activities of the participant;
(9) Demonstrators, interpreters, translators, receptionists, and similar temporary workers who help with the implementation of discrete promotional activities, such as trade shows, instore promotions, food service promotions, and trade seminars;
(10) Giveaways, awards, prizes, gifts and other similar promotional materials, subject to such reimbursement limitation as CCC may, from time to time, determine and announce in writing to all MAP participants and on the FAS Web site;
(11) The design and production of packaging, labeling or origin identification, to be used during the program year in which the expenditure is made, if such packaging, labeling or origin identification is necessary to meet the importing requirements of a foreign country;
(12) The design, production, and distribution of coupons; (13) An audit of a MAP participant as required by the applicable parts of this title if the MAP is the MAP participant's largest source of Federal funding;
(14) The translation of written materials as necessary to carry out approved activities; and
(15) Expenditures associated with developing, updating, and servicing Web sites on the Internet that clearly target a foreign audience.
(c) Subject to paragraph (a) of this section, but for generic promotion activities only, CCC will also reimburse, in whole or in part, the cost of:
(1) Compensation and allowances for housing, educational tuition, and cost of living adjustments paid to a U.S. citizen employee or a U.S. citizen contractor stationed overseas, except CCC will not reimburse that portion of:
(i) The total of compensation and allowances that exceed 125 percent of the level of a GS15 Step 10 salary for U.S. Government employees, and
(ii) Allowances that exceed the rate authorized for U.S. Embassy personnel;
(2) Approved supergrade salaries for nonU.S. citizens and nonU.S. contractors;
(3) Compensation of nonU.S. citizen staff employees or nonU.S. contractors subject to the following limitations:
(i) Where there is a local U.S. Embassy Foreign Service National (FSN) salary plan, CCC will not reimburse any portion of such compensation that exceeds the compensation prescribed for the most comparable position in the FSN salary plan, except for approved supergrades, or
(ii) Where an FSN salary plan does not exist, CCC will not reimburse any portion of such compensation that exceeds locally prevailing levels, which the MAP participant shall document by a salary survey or other mean, except for approved supergrades;
(4) A retroactive salary adjustment for nonU.S. citizen staff employees or nonU.S. contractors that conforms to a change in FSN salary plans, effective as of the date of such change;
(5) Accrued annual leave as of the time employment is terminated or as of such time as required by local law;
(6) Overtime paid to clerical staff;
(7) Temporary contractor fees, except CCC will not reimburse any portion of any such fee that exceeds the daily gross salary of a GS15, Step 10 for U.S. Government employees in effect on the date the fee is earned, unless a bidding process reveals that such a contractor is not available at or below that salary rate;
(8) International travel expenses, including passports, visas and inoculations, except that CCC generally will not reimburse any portion of air travel in excess of the full fare economy rate or when the participant fails to notify the Attach[eacute]/Counselor in the destination country in advance of the travel, unless the CCC determines it was impractical to provide such notice. If a traveler flies in business class or a different premium class, the basis for reimbursement will be the full fare economy class rate for the same flight. If economy class is not offered for the same flight or if the traveler flies on a charter flight, the basis for reimbursement will be the average of the full fare economy class rate for flights offered by three different airlines between the same points on the same date. In very limited circumstances, CCC will reimburse air travel up to the business class rate (i.e., a premium class rate other than the first class rate). CCC will, from time to time, determine a policy regarding the appropriate circumstances and announce that policy in writing to all MAP participants and on the FAS web site;
(9) Per diem, except that CCC will not reimburse per diem in excess of the rates allowed under the U.S. Federal Travel Regulations (41 CFR parts 301 through 304);
(10) Automobile mileage at the local U.S. Embassy rate or rental cars while in travel status;
(11) Other allowable expenditures while in travel status as authorized by the U.S. Federal Travel Regulations (41 CFR parts 301 through 304);
(12) Organization costs for overseas offices approved in MAP program agreements. Such costs include incorporation fees, brokers' fees, fees to attorneys, accountants, or investment counselors, whether or not employees of the organization, incurred in connection with the establishment or reorganization of the overseas office, and rent, utilities, communications originating overseas, office supplies, accident liability insurance premiums, and routine accounting and legal services required to maintain the overseas office;
(13) The purchase, lease, or repair of, or insurance premiums for, capital goods that have an expected useful life of at least 1 year, such as furniture, equipment, machinery, removable fixtures, draperies, blinds, floor coverings, computer hardware and software, and portable electronic communications devices (including mobile phones, wireless e mail devices, personal digital assistants);
(14) Such premiums for health or accident insurance and other benefits for foreign national employees that the employer is required by law to pay;
(15) Accident liability insurance premiums for facilities used jointly with thirdparty participants for MAP activities or for travel of nonMAP participant personnel;
(16) Market research, including research to determine the types of products that are desired in a market;
(17) Independent evaluations or audits, if not otherwise required by CCC, to ensure compliance with program agreement or regulatory requirements;
(18) Legal fees to obtain advice on the host country's labor laws; (19) Employment agency fees;
(20) STRE;
(21) Educational travel of dependent children, visitation travel, rest and recuperation travel, home leave travel, emergency visitation travel for U.S. overseas employees allowed under the Foreign Affairs Manual published by the U.S. Department of State;
[[Page 46035]]
(22) Evacuation payments (safe haven) and shipment and storage of household goods and motor vehicles;
(23) Domestic administrative support expenses for the National Association of State Departments of Agriculture, the SRTGs, and the Intertribal Agriculture Council;
(24) Expenditures associated with conducting international staff conferences;
(25) Travel expenditures associated with trade shows, seminars, educational training, international staff conferences conducted outside of the United States, and meetings of international organizations conducted in the United States;
(26) Approved demonstration projects;
(27) Expenditures related to copyright, trademark, or patent registration, including attorney fees;
(28) Rental or lease expenditures for storage space for program related materials;
(29) Business cards that target a foreign audience;
(30) Expenditures associated with developing, updating, and servicing web sites on the Internet that contain a message related to exporting or international trade; and
(31) Expenditures associated with educational training designed to improve market access by addressing market constraints, such as temporary or permanent trade barriers.
(d) A generic promotion activity may include the promotion of a foreign brand if the foreign brand uses the promoted U.S. agricultural commodity from multiple U.S. suppliers and is the primary market access to the targeted market for the U.S. agricultural commodity. A generic promotion activity may also involve the use of specific company names, logos or brand names. However, in that case, the MAP participant must ensure that all U.S. companies seeking to promote such U.S. agricultural commodity in the market have an equal opportunity to participate in the activity and that at least two U.S. companies participate. In addition, an activity that promotes separate items from multiple companies will be considered a generic promotion only if the promotion of the separate items maintains a unified theme and style and is subordinate to the promotion of the generic theme.
(e) CCC will not reimburse any cost of:
(1) Forward year financial obligations, such as severance pay, attributable to employment of foreign nationals;
(2) Expenses, fines, settlements, judgments or payments relating to legal suits, challenges or disputes;
(3) The design and production of packaging, labeling or origin identification, except as specifically allowed in this subpart; (4) Product development, product modification or product research; (5) Product samples;
(6) Slotting fees or similar sales expenditures;
(7) The purchase of, construction of, or lease of space for permanent, nonmobile displays, i.e., displays that are constructed to remain permanently in the same location beyond one program year. However, CCC may, at its discretion, reimburse the construction or purchase of permanent displays on a casebycase basis, if the participant sought and received prior approval from CCC of such construction or purchase;
(8) Rental, lease or purchase of warehouse space, except for storage space for programrelated material;
(9) Coupon redemption or price discounts;
(10) Refundable deposits or advances;
(11) Giveaways, awards, prizes, gifts and other similar promotional materials in excess of the limitation described in this subpart; (12) Alcoholic beverages that are not an integral part of an approved promotional activity;
(13) The purchase, lease (except for use in authorized travel status) or repair of motor vehicles;
(14) Travel of applicants for employment interviews;
(15) Unused nonrefundable airline tickets or associated penalty fees, except where travel was restricted by U.S. Government action or advisory;
(16) Independent evaluations or audits, including evaluations or audits of the activities of a subcontractor, if CCC determines that such a review is needed in order to confirm past or to ensure future program agreement or regulatory compliance;
(17) Any arrangement that has the effect of reducing the selling price of a U.S. agricultural commodity;
(18) Goods, services and salaries of personnel provided by U.S. industry or foreign thirdparty;
(19) Membership fees in clubs and social organizations; (20) Indemnity and fidelity bonds;
(21) Fees for participating in U.S. Government sponsored activities, other than trade fairs and exhibits;
(22) Business cards that target a U.S. domestic audience; (23) Seasonal greeting cards;
(24) Office parking fees;
(25) Subscriptions to publications that are not of a technical, economic, or marketing nature or that are not relevant to the approved activities of the MAP participant;
(26) Home office domestic administrative expenses, including communication costs;
(27) Any expenditure on an activity that includes any derogatory reference or negative comparison to other U.S. agricultural commodities;
(28) Any expenditure on an activity that contradicts U.S. foreign policy;
(29) Payment of U.S. and foreign employees' or contractors' share of personal taxes, except where a foreign country's laws require the MAP participant to pay such employees' or contractors' share; (30) Any expenditure made for an activity prior to CCC's approval of that activity; and
(31) Contributions to a contingency reserve or any similar provision made for events the occurrence of which cannot be foretold with certainty as to time, intensity, or with an assurance of their happening.
(f) Special rules for approval of supergrades.
(1) With respect to individuals who are not U.S. citizens and who are hired by MAP participants either as employees or contractors, ordinarily, CCC will not reimburse any portion of such individual's compensation that exceeds the compensation prescribed for the most comparable position in the FSN salary plan applicable to the country in which the employee or contractor works. However, a MAP participant may seek a higher level of reimbursement for a nonU.S. citizen employee or contractor who will be employed as a country director or regional director by requesting that CCC approve that employee or contractor as a supergrade.
(2) To request approval of a supergrade, the participant shall provide CCC with a detailed description of both the duties and responsibilities of the position and the qualifications and background of the employee or contractor concerned. The participant shall also justify why the comparable FSN salary level is insufficient. (3) Where a nonU.S. citizen employee or contractor will be employed as a country director, the MAP participant may request approval for a ``Supergrade I'' salary level, equivalent to a grade increase over the existing top grade of the FSN salary plan. The supergrade and its step increases are calculated as the percentage difference between the second highest and the highest grade in the FSN salary plan, with that percentage applied to each of the steps [[Page 46036]]
in the top grade. Where the nonU.S. citizen employee or contractor will be employed as a regional director, with responsibility for activities and/or offices in more than one country, the MAP participant may request approval for a ``Supergrade II'' salary level, which is calculated relative to a ``Supergrade I'' in the same way the latter is calculated relative to the highest grade in the FSN salary plan. (4) A U.S. citizen with dual citizenship with another foreign country or countries shall not be considered a nonU.S. citizen. (g) CCC may determine, at CCC's discretion, whether any cost not expressly listed in this section will be reimbursed.
(h) For a brand promotion activity, CCC will reimburse no more than 50 percent of the total eligible expenditures made on that activity. (i) CCC will reimburse for expenditures made after the conclusion of participant's program year provided:
(1) The activity was approved by CCC prior to the end of the program year;
(2) The activity was completed within 30 calendar days following the end of the program year; and
(3) All expenditures were made for the activity within 6 months following the end of the program year.
(j) A MAP participant shall not use MAP funds for any activity or any expenses incurred by the MAP participant prior to the date of the program agreement or after the date the program agreement is suspended or terminated, except as otherwise permitted by CCC.
(k) Except as otherwise provided in this subpart, travel shall conform to U.S. Federal Travel Regulations (41 CFR parts 301 through 304) and air travel shall conform to the requirements of the Fly America Act (49 U.S.C. 40118). The MAP participant shall notify the Attach[eacute]/Counselor in the destination countries in writing in advance of any proposed travel.
Sec. 1485.18 Reimbursement procedures.
(a) Participants are required to use CCC's Internetbased system to request reimbursement for eligible MAP expenses. Claims for reimbursement shall contain the following information:
(1) Activity typebrand or generic;
(2) Activity number;
(3) Commodity aggregate code;
(4) Country code;
(5) Cost category;
(6) Amount to be reimbursed;
(7) If applicable, any reduction in the amount of reimbursement claimed to offset CCC demand for refund of amounts previously reimbursed and reference to the relevant compliance report or written notice; and
(8) If applicable, any amount previously claimed that has not been reimbursed.
(b) All claims for reimbursement shall be submitted by the MAP participant's U.S. office to CCC.
(c) CCC will not reimburse a claim for less than $10,000, except that CCC will reimburse a final claim for a MAP participant's program year for a lesser amount.
(d) CCC will not reimburse claims submitted later than 6 months after the end of a MAP participant's program year.
(e) If CCC overpays a reimbursement claim, the MAP participant shall repay CCC within 30 days of such overpayment the amount of the overpayment either by submitting a check payable to CCC or by offsetting its next reimbursement claim. The MAP participant shall make such payment in U.S. dollars, unless otherwise approved in advance by CCC.
(f) If a MAP participant receives a reimbursement or offsets an advanced payment which is later disallowed, the MAP participant shall repay CCC within 30 days of such disallowance the amount disallowed either by submitting a check payable to CCC or by offsetting its next reimbursement claim. The MAP participant shall make such payment in U.S. dollars, unless otherwi

FOR FURTHER INFORMATION CONTACT

Mark Slupek by phone at (202) 720- 4327, by fax at (202) 7209361, or by email at: podadmin@fas.usda.gov.

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