[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4996]


[[Page Unknown]]

[Federal Register: March 7, 1994]


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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation

7 CFR Part 1413

RIN 0560-AD55

 

Malting Barley Assessment

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Interim rule with request for comments.

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SUMMARY: This interim rule amends the regulations with respect to the 
malting barley assessment which is conducted by the Commodity Credit 
Corporation (CCC) in accordance with section 105B of the Agricultural 
Act of 1949, as amended (the 1949 Act). The amendment made by this 
interim rule will set the malting barley assessment rate at 2.5 percent 
for the 1993 through 1995 crops of barley. This action is taken to 
immediately improve the competitive position of U.S. barley producers 
and eliminate the distortions the assessment has on barley marketings 
and production.

DATES: Interim rule effective March 7, 1994. Comments must be received 
on or before April 6, 1994, in order to be assured of consideration.

ADDRESSES: Submit comments to the Director, Grains Analysis Division, 
Agricultural Stabilization and Conservation Service (ASCS), United 
States Department of Agriculture (USDA), P.O. Box 2415, Washington, DC 
20013-2415; telephone 202-720-4418. Comments received may be inspected 
between 9 a.m. and 4:30 p.m., Monday through Friday, except holidays, 
in room 3740, South Agriculture Building, USDA, 14th Street and 
Independence Avenue, SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Philip Sronce, Director, Grains 
Analysis Division, ASCS, USDA, P.O. Box 2415, Washington, DC 20013-
2415; telephone 202-720-4418.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This interim 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 interim 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 interim rule has been reviewed in accordance with Executive 
Order 12778. The provisions of this interim rule do not preempt State 
laws, are not retroactive, and do not require the exhaustion of any 
administrative appeal remedies.

Environmental Assessment or Impact Statement

    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 set forth in this interim rule do not contain 
information collections that require clearance by the Office of 
Management and Budget under the provisions of 44 U.S.C. 35.

Comments

    For the 1991 and 1992 crops of barley the assessment has been 
established at 5 percent. For the 1993 through 1995 crops of the barley 
the assessment will be established at 2.5 percent. This action is taken 
to immediately improve the competitive position of U.S. barley 
producers and eliminate the distortions the assessment has on barley 
marketings and production. Accordingly, the provisions of this interim 
rule are effective upon publication in the Federal Register. Comments 
are requested within 30 days of publication and will be scheduled for 
review so that a final document discussing comments received can be 
published in the Federal Register.

Statutory Background

    In accordance with section 105B(p) of the 1949 Act, the Secretary 
is required to levy an assessment on producers of malting barley that 
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 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.

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:

PART 1413--FEED GRAIN, RICE, UPLAND AND EXTRA LONG STABLE COTTON, 
WHEAT AND RELATED PROGRAMS

    1. The authority citation for 7 CFR part 1413 continues to read as 
follows:

    Authority: 7 U.S.C. 1308, 1308a, 1309, 1441-2, 1444-2, 1444f, 
1445b-3a, 1461-1469; 15 U.S.C. 714b and 714c.

    2. In Sec. 1413.110, paragraph (b) is revised to read as follows:


Sec. 1413.110  Malting barley.

* * * * *
    (b)(1) The assessment rate per bushel for the 1991 and 1992 crops 
of barley will be the smaller of:
    (i) 5 percent of the:
    (A) State weighted average market price of malting barley produced 
on the farm in those States where average market prices are available 
from the National Agricultural Statistics Service, or
    (B) The national average market price in all other States, or
    (ii) The final deficiency payment rate.
    (2) The assessment rate per bushel for the 1993, 1994, and 1995 
crops of barley will be 2.5 percent.
* * * * *
    Signed at Washington, DC on February 28, 1994.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 94-4996 Filed 3-4-94; 8:45 am]
BILLING CODE 3410-05-P