[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
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 /
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[[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