[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28541]
Federal Register / Vol. 59, No. 222 / Friday, November 18, 1994 /
[[Page Unknown]]
[Federal Register: November 18, 1994]
VOL. 59, NO. 222
Friday, November 18, 1994
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1413
RIN 0560-AD55
Malting Barley Assessment
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule.
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SUMMARY: This final rule sets the malting barley assessment rate at
zero percent for the 1994 and 1995 crops of barley. Malting barley
assessments have been levied by the Commodity Credit Corporation (CCC)
in accordance with section 105B(p) of the Agricultural Act of 1949, as
amended (the 1949 Act). On March 7, 1994, the CCC issued an interim
rule with respect to the malting barley assessment rate for 1993
through 1995 crops of barley. The assessment rate was set at 2.5
percent. Lowering the assessment rate to zero percent for the 1994 and
1995 crops of barley is taken since it has been determined that the
costs associated with levying the assessment exceed the revenue
generated by the assessment.
EFFECTIVE DATE: November 18, 1994.
FOR FURTHER INFORMATION CONTACT: Philip Sronce, Agricultural Economist,
Grains Analysis Division, FSA, USDA, P.O. Box 2415, Washington, DC
20013-2415; telephone 202-720-4418.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule is issued in conformance with Executive Order 12866
and has been determined not to be a ``significant regulatory action.''
Based on information compiled by the Department, it has been determined
that this final rule:
(1) Would have an annual effect on the economy of less than $100
million;
(2) Would not adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities;
(3) Would not create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency;
(4) Would not alter the budgetary impact of entitlements, grants,
user fees, or loan programs or rights and obligations of recipients
thereof; and
(5) Would not raise novel legal or policy issues arising out of
legal mandates, the President's priorities, or principles set forth in
Executive Order 12866.
Federal Assistance Program
The title and number of the Federal Assistance Program, as found in
the Catalog of Federal Domestic Assistance, to which this rule applies
is Feed Grain Production Stabilization--10.055.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable to this rule because the CCC is not required by 5 U.S.C. 553
or any other provision of law to publish a notice of proposed
rulemaking with respect to the subject matter of this rule.
Executive Order 12778
This final rule has been reviewed in accordance with Executive
Order 12778. The provisions of this final rule do not preempt State
laws, are not retroactive, and do not require the exhaustion of any
administrative appeal remedies.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not have a significant impact on the quality of the human
environment. Therefore, neither an Environmental Assessment nor an
Environmental Impact Statement is needed.
Executive Order 12372
This program/activity is not subject to the provisions of 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).
Paperwork Reduction Act
The amendments to 7 CFR part 1413 set forth in this final rule will
reduce the reporting burden for producers of 1994 through 1995 crops of
barley by eliminating the requirement to complete form ASCS-658, Report
of Production, for the purposes of providing marketing evidence of
barley marketed as malting barley. The estimated reduction in burden
hours on the public will be 18,750 hours annually. Form ASCS-658 is
currently cleared under OMB No. 0560-0050 through August 31, 1996. ASCS
will submit a request to revise the burden associated with the use of
form ASCS-658 to the Office of Management and Budget by December 1,
1994.
Background
In accordance with section 105B(p) of the 1949 Act, the Secretary
of Agriculture is required to levy an assessment with respect to
producers of malting barley who are participating in the barley
production adjustment program for each of the 1991 through 1995 crop
years. The Secretary is required to establish such assessment at no
more than 5 percent of the value of malting barley produced on program
payment acres on the farm and the production per acre on which the
assessment is based shall not be greater than the farm program payment
yield.
On March 7, 1994, the CCC issued an interim rule with respect to
the malting barley assessment rate for 1993 through 1995 crops of
barley. The assessment rate was set at 2.5 percent.
Public response to the interim rule which reduced the malting
barley assessment rate from 5 percent to 2.5 percent was supportive of
the reduction, but encouraged CCC to adopt a zero-percent assessment
rate in the final rule. Nine responses were received from
representatives of industry and producers. Rep. Michael D. Crapo, U.S.
House of Representatives, representing the Second District of Idaho,
also encouraged the elimination of the malting barley assessment.
Malting barley producers and industry representatives overwhelmingly
oppose the assessment of malting barley.
After considering these comments, the Secretary has determined in
accordance with section 105B(p) of the 1949 Act that the assessment
will be established at zero-percent for the 1994 and 1995 crops of
barley. This action has been taken since CCC has determined that
levying the assessment increases CCC outlays for barley deficiency
payments greater than the revenue generated by the assessment. This
increase in deficiency payments is generally due to changes in
marketing patterns which have occurred as producers of barley market
barley as feed barley which would otherwise have been marketed as
malting barley in order to avoid the assessment. This causes the barley
to be marketed at a lower price thus affecting the prices used by CCC
in determining barley deficiency payments.
List of Subjects in 7 CFR Part 1413
Acreage allotments, Cotton, Disaster assistance, Feed grains, Price
support programs, Reporting and recordkeeping requirements, Rice, Soil
conservation, Wheat.
Accordingly, 7 CFR part 1413 is amended as follows:
1. The authority citation for 7 CFR part 1413 continues to read as
follows:
4Authority: 7 U.S.C. 1308, 1308a, 1309, 1441-2, 1444-2, 1444f,
1445b-3a, 1461-1469, 15 U.S.C. 714b and 714c.
Sec. 1413.110 [Amended]
2. A. In Sec. 1413.110, paragraph (a) is amended by deleting
``1995'' and inserting ``1993'' in its place.
B. In Sec. 1413.110, paragraph (b) is revised to read as follows:
Sec. 1413.110 Malting barley.
* * * * *
(b)(1) The assessment rate per bushel will be the smaller of:
(i)(A) For the 1991 and 1992 crops of barley, 5 percent of the
State weighted average market price of malting barley produced on the
farm in those States where average market prices for the respective
crop year are available from the National Agricultural Statistics
Service,
(B) For the 1993 crop of barley, 2.5 percent of the State weighted
average market price of malting barley produced on the farm in those
States where average market prices for the respective crop year are
available from the National Agricultural Statistics Service, or
(ii) The deficiency payment rate for such crop of barley.
(2) With respect to those States where the information from the
National Agricultural Statistics Service is not available for purposes
of administering subsection (b)(1), the national average market price
for the respective crop year will be used.
(3) For the 1994 and 1995 crops of barley, no assessment will be
levied.
* * * * *
Signed at Washington, DC on November 9, 1994.
Richard Rominger,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 94-28541 Filed 11-17-94; 8:45 am]
BILLING CODE 3410-05-P