[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1709-1710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-241]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 1427
RIN 0560-AD82
1994 Cotton Loan and LDP Provisions
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Final rule.
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SUMMARY: On August 2, 1994, the Commodity Credit Corporation (CCC)
issued an interim rule with respect to the cotton price support program
which is conducted by the CCC in accordance with The Agricultural Act
of 1949, as amended (the 1949 Act). This interim rule provided greater
clarity, enhanced the administration of CCC programs by providing
uniformity between CCC price support programs, provided more authority
to State and county committees in administering the programs, lessened
administrative actions CCC imposes on producers who violate the loan
and loan deficiency payment agreements, eliminated obsolete provisions,
and more appropriately reflected loan eligibility requirement for the
1994 and subsequent year crops. This rule adopts as final the interim
rule published on August 2, 1994 at 59 FR 39251. In addition, this rule
amends 7 CFR Chapter XIV to reflect the abolishment of ASCS and the
establishment of the Consolidated Farm Service Agency in the recent
Department of Agriculture reorganization.
EFFECTIVE DATE: January 5, 1995.
FOR FURTHER INFORMATION CONTACT: Philip Sharp, Program Specialist,
Consolidated Farm Service Agency (CFSA), USDA, P.O. Box 2415,
Washington, DC 20013-2415; telephone 202-720-7988. [[Page 1710]]
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be not- significant for purposes
of Executive Order 12866 and therefore has not been reviewed by Office
of Management and Budget (OMB).
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
are: Commodity Loans and Purchases--10.051.
Regulatory Flexibility Act
It has been determined that the Regulatory Flexibility Act is not
applicable because 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 these determinations.
Environmental Evaluation
It has been determined by an environmental evaluation that this
action will not have a significant impact on the quality of human
environment.
Executive Order 12372
This program 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).
Executive Order 12778
This rule has been reviewed pursuant to Executive Order 12778. To
the extent State and local laws are in conflict with these regulatory
provisions, it is the intent of CCC that the terms of the regulations
prevail. The provisions of this rule are not retroactive. Prior to any
judicial action in a court of jurisdiction, administrative review under
7 CFR part 780 must be exhausted.
Paperwork Reduction Act
Public reporting burden for the information collections contained
in this regulation with respect to price support programs is estimated
to average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. The information collections have previously
been cleared under the current regulations by OMB, and assigned OMB
Nos. 0560-0087 and 0560-0129. The content and format of the information
collections have not changed as a result of this amendment to 7 CFR
part 1427; however, the frequency of reporting has been reduced. CFSA
will submit a burden correction worksheet to OMB for review.
Discussion of Comments
One letter was timely received in response to the interim rule
published on August 2, 1994, requesting public comments on the interim
regulations for implementing the price support loan programs for upland
cotton and extra long staple cotton which are administered by the CCC.
The respondent was generally supportive of the provisions of the
interim rule; however, they expressed a need for a more detailed
explanation of why the reference to incentive payments was removed from
section 1427.5(c)(2)(ii). The removal of the reference to incentive
payments was to remove the possible interpretation that incentive
payments automatically resulted in the loss of beneficial interest. In
fact, payments by buyers to producers for services, such as
transportation and storage, will not cause beneficial interest to be
transferred if such payment is not conditioned on the eventual sale of
the cotton.
If buyers question whether or not incentive payments made to
producers will result in the producer losing beneficial interest
prematurely, such buyers are encouraged to have their contracts
reviewed by the CFSA.
Establishment of the Consolidated Farm Service Agency
Pursuant to Public Law 103-354, the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994, the Secretary
of Agriculture issued Secretary's Memorandum 1010-1, Reorganization of
the Department of Agriculture, on October 20, 1994. That memorandum
orders the abolishment of the Agricultural Stabilization and
Conservation Service and the establishment of the Consolidated Farm
Service Agency, which assumes the functions previously performed by the
Agricultural Stabilization and Conservation Service. This rule includes
amendments to 7 CFR chapter XIV which are necessary to bring agency
regulations into alignment with the departmental reorganization.
Accordingly, 7 CFR Chapter XIV and part 1427 are amended as
follows:
1. In 7 CFR chapter XIV, all references to ``Agricultural
Stabilization and Conservation Service'' are revised to read
``Consolidated Farm Service Agency'' and all references to ``ASCS'' are
revised to read ``CFSA''.
2. Under authority of 7 U.S.C. 1421, 1423, 1425, 1444, and 1444-2;
15 U.S.C. 714b and 714c, the interim rule amending 7 CFR part 1427 that
was published at 59 FR 39251 on August 2, 1994 is adopted as a final
rule without change.
Signed in Washington, DC, on December 23, 1994.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-241 Filed 1-4-95; 8:45 am]
BILLING CODE 3410-05-P