[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10217]


[[Page Unknown]]

[Federal Register: May 2, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Parts 1413 and 1427

RIN 0560-AD21

 

1994 Upland Cotton Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

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SUMMARY: On October 5, 1993, the Commodity Credit Corporation (CCC) 
issued a proposed rule with respect to the 1994 Upland Cotton 
Production Adjustment Program, which is conducted by the CCC in 
accordance with the Agricultural Act of 1949 (1949 Act), as amended. 
The 1994 Upland Cotton Acreage Reduction Program (ARP) percentage has 
been determined to be 11.0 percent. This final rule amends the 
regulations to set forth the ARP and the price support rate for the 
1994 crop of upland cotton. No paid land diversion (PLD) program will 
be implemented for the 1994 crop of upland cotton. These actions are 
required by section 103B of the 1949 Act, as amended.

EFFECTIVE DATE: May 2, 1994.

FOR FURTHER INFORMATION CONTACT: Carol Skelly, Fibers and Rice Analysis 
Division, Agricultural Stabilization and Conservation Service, United 
States Department of Agriculture (USDA), room 3754-S, P.O. Box 2415, 
Washington, DC 20013-2415 or call 202-720-6734.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule is issued in conformance with Executive Order 
12866. Based on information compiled by the USDA, it has been 
determined that this final rule:
    (1) Would have an annual effect on the economy of more 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 materially alter the budgetary impact of entitlement, 
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.

Final Regulatory Impact Analysis

    The final Regulatory Impact Analysis describing the options 
considered in developing this final rule and the impact of the 
implementation of the selected option is available on request from the 
above-named individual.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule since CCC is not required by section 105(b) of 
the 1949 Act to request comments with respect to the subject matter of 
this rule.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will have no significant impact on the quality of the human 
environment. Therefore, neither an Environmental Assessment nor an 
Environmental Impact Statement is needed.

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: Cotton Production Stabilization--10.052.

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).

Executive Order 12778

    This final rule has been reviewed in accordance with Executive 
Order 12778. The provisions of the final rule do not preempt State 
laws, are not retroactive, and do not involve administrative appeals.

Paperwork Reduction Act

    The amendments to 7 CFR parts 1413 and 1427 set forth in this final 
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.

Background

    This final rule amends 7 CFR part 1413 to set forth determinations 
on the 1994 ARP and PLD programs, and 7 CFR part 1427 to set forth the 
determination of the 1994 price support level. General descriptions of 
the statutory basis for the 1994 upland cotton ARP percentage 
determination in this final rule were set forth at 58 FR 51934 (October 
5, 1993).
    A total of thirteen comments was received regarding the ARP level. 
One respondent recommended the lowest possible level. One respondent 
suggested an ARP of 10 percent. Five respondents favored an ARP of no 
more than 14 percent and one other respondent recommended a level of 14 
percent. One respondent suggested 15 percent, one suggested 22.5 
percent, and one recommended a level of no more than 17.5 percent. Two 
respondents favored setting the ARP at the statutory maximum of 25 
percent.
    After considering these comments, the Secretary of Agriculture 
(Secretary) on November 1, 1993, announced a 17.5-percent ARP level and 
a price support level of 50.00 cents per pound for the 1994 marketing 
year. On January 4, 1994, a final ARP requirement of 11.0 percent was 
announced for the 1994 crop of upland cotton. The Secretary determined 
that, based upon the most recent projections of carryover and total 
disappearance, a 11.0-percent ARP would result in a ratio of carryover 
to total disappearance of 30 percent.

Acreage Reduction

    In accordance with section 103B(e)(1) of the 1949 Act, an ARP of 
11.0 percent has been established for the 1994 crop of upland cotton. 
Accordingly, producers will be required to reduce their 1994 acreage of 
upland cotton for harvest from the crop acreage base established for 
upland cotton by at least this established percentage in order to be 
eligible for price support loans and payments.

Paid Land Diversion

    In accordance with section 103B(e)(5) of the 1949 Act, a PLD 
program will not be implemented for the 1994 crop of upland cotton.

Price Support Rate

    In accordance with section 103B(a)(1)(3) of the 1949 Act, the price 
support rate has been established with respect to the 1994 crop of 
upland cotton at 50.00 cents per pound.

List of Subjects

7 CFR Part 1413

    Acreage allotments, Cotton, Disaster assistance, Feed grains, Price 
support programs, Reporting and recordkeeping requirements, Rice, Soil 
conservation, Wheat.

7 CFR Part 1427

    Cotton, Loan programs/agriculture, Packaging and containers, Price 
support programs, Reporting and recordkeeping requirements, Surety 
bonds, Warehouses.

    Accordingly, 7 CFR parts 1413 and 1427 are amended as follows:

PART 1413--FEED GRAIN, RICE, UPLAND AND EXTRA LONG STAPLE 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. Section 1413.54 is amended by:
    A. Revising paragraph (a)(3)(ii) and (a)(3)(iii),
    B. Adding paragraph (a)(3)(iv),
    C. Republishing paragraph (d)(4), introductory text, and
    D. Adding paragraph (d)(4)(iii) to read as follows:


Sec. 1413.54  Acreage reduction program provisions.

    (a) * * *
    (3) * * *
    (ii) 1992 upland cotton, 10 percent;
    (iii) 1993 upland cotton, 7.5 percent; and
    (iv) 1994 upland cotton, 11.0 percent.
* * * * *
    (d) * * *
    (4) For the 1994 crop:
* * * * *
    (iii) Shall not be made available to producers of upland cotton.
* * * * *

PART 1427--COTTON

    3. The authority citation for 7 CFR part 1427 continues to read as 
follows:

    Authority: 7 U.S.C. 1421, 1423, 1425, 1444, and 1444-2; 15 
U.S.C. 714b and 714c.

    4. Section 1427.8 is amended by:
    A. Revising paragraph (a)(1)(ii) and (a)(1)(iii); and
    B. Adding paragraph (a)(1)(iv) to read as follows:


Sec. 1427.8  Amount of loan.

    (a) * * *
    (1) * * *
    (ii) 1992 upland cotton, 52.35 cents per pound;
    (iii) 1993 upland cotton, 52.35 cents per pound; and
    (iv) 1994 upland cotton, 50.00 cents per pound.
* * * * *
    Signed at Washington, DC, on April 22, 1994.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 94-10217 Filed 4-29-94; 8:45 am]
BILLING CODE 3410-05-P