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B-330348 1 (2018-09-14)

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A            O        U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-330348


September 14, 2018

The Honorable Pat Roberts
Chairman
The Honorable Debbie Stabenow
Ranking Member
Committee on Agriculture, Nutrition, and Forestry
United States Senate

The Honorable K. Michael Conaway
Chairman
The Honorable Collin C. Peterson
Ranking Member
Committee on Agriculture
House of Representatives

Subject: Department of Agriculture, Commodity Credit Corporation: Market Facilitation Program

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Agriculture (USDA), Commodity Credit Corporation (CCC)
entitled Market Facilitation Program (RIN: 0560-AI42). We received the rule on August 30,
2018. It was published in the Federal Register as a final rule on August 30, 2018. 83 Fed. Reg.
44,173. The effective date of the final rule is August 30, 2018.

The final rule implements the Market Facilitation Program (MFP). MFP provides payments to
producers with commodities that have been significantly impacted by actions of foreign
governments resulting in the loss of traditional exports. This rule specifies the eligibility
requirements, payment calculations, and application procedures for MFP. The details for
specific commodities and the relevant application start dates will be announced in subsequent
notices of funds availability.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). This rule was received on August 30, 2018. It was
published in the Federal Register on August 30, 2018, and has a stated effective date of
August 30, 2018. Therefore, the final rule does not have a 60-day delay in its effective date.

However, the 60-day delay in effective date can be waived, if the agencies find for good cause
that delay is impracticable, unnecessary, or contrary to the public interest, and the agencies
incorporate a statement of the findings and their reasons in the rule issued. 5 U.S.C. § 808(2).
USDA found good cause to issue this regulation effective upon publication in the Federal
Register. According to USDA, the beneficiaries of this rule have been significantly impacted by
actions of foreign governments resulting in the loss of traditional exports. Therefore, USDA
found that it would be contrary to the public interest to delay the effective date of this rule

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