[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-12007] [[Page Unknown]] [Federal Register: May 18, 1994] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE 7 CFR Part 1421 RIN 0560-AD34 and 0560-AD17 Grain and Similarly Handled Commodities; 1993 Wheat and Feed Grains Farmer-Owned Reserve Program AGENCY: Commodity Credit Corporation, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the regulations with respect to the farmer-owned reserve (FOR) program which is conducted by the Commodity Credit Corporation (CCC) in accordance with section 110 of the Agricultural Act of 1949 (the 1949 Act), as amended. The rule codifies determinations made by the Secretary of Agriculture (the Secretary) that the 1993 crops of wheat and feed grains may not be pledged as collateral for FOR loans. EFFECTIVE DATE: May 18, 1994. FOR FURTHER INFORMATION CONTACT: Philip Sronce, Director, Grains Analysis Division (GAD), Agricultural Stabilization and Conservation Service (ASCS), United States Department of Agriculture (USDA), room 3742-S, P.O. Box 2415, Washington, DC 20013-2415 or call 202-720-4418. SUPPLEMENTARY INFORMATION: Final Regulatory Impact Analysis A Final Regulatory Impact Analysis has been prepared and is available from Craig Jagger, Agricultural Economist, GAD, ASCS, USDA, room 3740-S, P.O. Box 2415, Washington, DC 20013-2415 or call 202-720- 4418. Executive Order 12866 This final rule is issued in conformance with Executive Order 12866. Based on information compiled by the USDA this rule has been determined to be ``economically significant'' because if FOR entry were permitted for wheat or feed grains, it would have an annual effect of the economy of more than $100 million and would materially alter the budgetary impact of entitlement, or loan programs or rights and obligations of recipients thereof. If FOR entry were allowed for the 1993 crops of wheat or feed grains, budget outlays for storage payments are expected to range from about $100 million to $500 million. This final rule 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; would not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; and would not raise novel or legal 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 are Grain Reserve Program--10.067. 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 this rule. Executive Order 12778 This final rule has been reviewed in accordance with Executive Order 12778. The provisions of this 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 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 1421 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 the Paperwork Reduction Act of 1990 (44 U.S.C. Chapter 35). Statutory Background Section 110 of the 1949 Act sets forth the statutory authority for the FOR program for wheat and feed grains. It provides that the determination of whether or not there will be entry of a crop into the FOR will be announced by December 15 of the year in which the crop of wheat was harvested and, in the case of feed grains, March 15 of the year following the year in which the crop of corn was harvested. Entry into the FOR is triggered based upon prices and stocks-to-use (S/U) ratios. Section 110 of the 1949 Act, paragraphs (2) and (3), provides the following: (2) DISCRETIONARY ENTRY--The Secretary may make extended loans available to producers of wheat or feed grains if either of the following conditions is met: (A) Price Condition: The Secretary determines that the average market price for wheat or corn, respectively, for the 90-day period prior to the announcement is less than 120 percent of the current loan rate for wheat or corn, respectively; or (B) S/U Condition: As of the announcement date, the Secretary estimates that the S/U ratio on the last day of the current marketing year will be: (i) in the case of wheat, more than 37.5 percent; and (ii) in the case of corn, more than 22.5 percent. (3) MANDATORY ENTRY--The Secretary shall make extended loans available to producers of wheat or feed grains if both of the conditions specified in subparagraphs (A) and (B) of paragraph (2) are met for wheat and feed grains, respectively. If neither the price nor the S/U condition is met, the Secretary has no authority to make extended loans available to producers of wheat or feed grains. On December 15, 1993, the Secretary announced that the estimated wheat S/U ratio at the end of the 1993/94 marketing year was 29.0 percent, the 90-day average market price of wheat was $3.19 per bushel, and 120 percent of the 1993 price support rate for wheat was $2.94 per bushel. Because neither entry conditions were met (the S/U ratio was less than 37.5 percent and the 90-day average market price of wheat was greater than 120 percent of the 1993 price support rate for wheat), the Secretary had no authority to allow entry of the 1993 crop of wheat into the FOR. On March 11, 1994, the Secretary announced that the estimated corn S/U ratio at the end of the 1993/94 marketing year was 10.1 percent, the 90-day average market price of corn was $2.71 per bushel, and 120 percent of the 1993 price support rate for corn was $2.06 per bushel. Because neither entry conditions were met (the S/U ratio was less than 22.5 percent and the 90-day average market price of corn was greater than 120 percent of the 1993 price support rate for corn), the Secretary had no authority to allow entry of the 1993 crop of feed grains into the FOR. This final rule amends 7 CFR part 1421 to set forth these determinations. List of Subjects in 7 CFR Part 1421 Grains, Loan programs/agriculture, Oilseeds, Peanuts, Price support programs, Reporting and recordkeeping requirements, Soybeans, Surety bonds, Warehouses. Accordingly, 7 CFR part 1421 is amended as follows: PART 1421--GRAINS AND SIMILARLY HANDLED COMMODITIES 1. The authority citation for 7 CFR part 1421 continues to read as follows: Authority: 7 U.S.C. 1421, 1423, 1425, 1441z, 1444f-1, 1445b-3a, 1445c-3, 1445e and 1446f; 15 U.S.C. 714b and 714c. 2. In Sec. 1421.217, paragraph (d) is added to read as follows: Sec. 1421.217 Reserve entry. * * * * * (d) No quantity of 1993-crop wheat or 1993-crop feed grains may be stored under the provisions of section 110 of the Agricultural Act of 1949, as amended. Signed at Washington, DC, on May 12, 1994. Bruce R. Weber, Acting Executive Vice President, Commodity Credit Corporation. [FR Doc. 94-12007 Filed 5-17-94; 8:45 am] BILLING CODE 3410-05-P