[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Proposed Rules]
[Pages 52634-52635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25125]



      
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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 195 / Tuesday, October 10, 1995 / 
Proposed Rules  

[[Page 52634]]


DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1413

RIN 0560-AE40


1996 Upland Cotton Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agricultural Act of 1949, as amended (1949 Act), requires 
the Secretary of Agriculture to implement an Acreage Reduction Program 
(ARP) for the 1996 crop of upland cotton which will result in a ratio 
of carry-over to total disappearance of 29.5 percent. This proposed 
rule would amend the regulations to set forth the acreage reduction 
percentage for the 1996 crop of upland cotton.

DATES: Comments must be received on or before October 20, 1995, in 
order to be assured of consideration.

ADDRESSES: Comments must be mailed to Director, Fibers and Rice 
Analysis Division, Consolidated Farm Service Agency (CFSA), U.S. 
Department of Agriculture (USDA), room 3754-S, P.O. Box 2415, 
Washington, DC 20013-2415.

FOR FURTHER INFORMATION CONTACT: Wayne E. Bjorlie, Fibers and Rice 
Analysis Division, CFSA, USDA, room 3754-S, P.O. Box 2415, Washington, 
DC 20013-2415 or call 202-720-6734.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule has been determined to be economically 
significant and was reviewed by the Office of Management and Budget 
(OMB) under Executive Order 12866.

Preliminary Regulatory Impact Analysis

    The Preliminary Regulatory Impact Analysis describing the options 
considered in developing this proposed rule and the impact of the 
implementation of each 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 proposed rule because the Commodity Credit 
Corporation 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 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 12778

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

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 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 proposed rule 
do not contain information collections that require clearance by OMB 
under the provisions of 44 U.S.C. 3501 et seq.

Request for Public Comment

    Comments are requested with respect to this proposed rule, and such 
comments shall be considered in developing the final rule.

Background

    The Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66) 
extended authority for an upland cotton program through the 1997 
marketing year. Therefore, in accordance with section 103B of the 1949 
Act, an ARP is required to be implemented for the 1996 crop of upland 
cotton if it is determined that in the absence of an ARP the total 
supply of upland cotton will be excessive, taking into account the need 
for an adequate carry-over to maintain reasonable and stable supplies 
and prices and to meet a national emergency. However, if new 
legislation is enacted, the 1996 program will be amended in accordance 
with any new or revised provisions.
    Land diversion payments also may be made to producers of upland 
cotton, whether or not an ARP for upland cotton is in effect, if needed 
to assist in adjusting the total national acreage of upland cotton to 
desirable goals. If, at the time of final announcement of the ARP, the 
projected carry-over of upland cotton for the crop year is equal to or 
greater than 8 million bales, a paid land diversion shall be offered to 
upland cotton producers.
    If an ARP is announced, the reduction shall be achieved by applying 
a uniform percentage reduction (from 0 to 25 percent) to the upland 
cotton crop acreage base for the crop for each upland cotton-producing 
farm. In making such a determination, the number of acres placed into 
the program established under subtitle D of title XII of the Food 
Security Act of 1985, as amended, must be taken into consideration.
    A number of acres on the farm shall be devoted to conservation 
uses, in accordance with regulations issued by the Secretary. The acres 
required to be devoted to conservation uses may be reduced, at the 
request of the producer, if the producer's total estimated deficiency 
payments which would be received under the feed grain, rice, wheat, 
upland and ELS cotton programs are estimated to be reduced in order to 
comply with the payment limitations set forth in section 1001 of the 
Food Security Act of 1985. The amount of the reduction in the acres 
required to be devoted to conservation uses is proportional to the 
estimated reduction in payments, in accordance with 7 CFR part 1413.53. 


[[Page 52635]]

    Producers who knowingly produce upland cotton in excess of the 
permitted upland cotton acreage for the farm plus any upland cotton 
acreage planted in accordance with the flexibility provisions are 
ineligible for upland cotton loans and payments with respect to that 
farm.
    If it is determined that an ARP for the 1996 crop of upland cotton 
is needed, a preliminary announcement of the ARP uniform percentage 
requirement (from 0 to 25 percent) must be made not later than November 
1 of the calendar year preceding the year in which the crop is 
harvested. Not later than January 1 of the calendar year in which the 
crop is harvested, a final announcement of the ARP uniform percentage 
requirement must be made. Producers in early planting areas may elect 
to participate in the program on the terms of the ARP first announced 
for the crop, or as subsequently revised, if the Secretary determines 
that the producers may be unfairly disadvantaged by the revision.
    The ARP for the 1996 crop of upland cotton must be set at a level 
that will result in a ratio of carry-over to total disappearance of 
29.5 percent, based on the most recent projection of carry-over and 
total disappearance at the time of announcement of the ARP. For the 
purposes of this provision, the term ``total disappearance'' means all 
upland cotton utilization, including total domestic, total export, and 
total residual disappearance.
    Based on August 1995 supply/use estimates, ending stocks for the 
1996 marketing year under a 5-percent ARP, a 12.5-percent ARP, and a 
20-percent ARP are 6.0 million bales, 5.4 million bales, and 4.9 
million bales, respectively. Such ARP levels would result in ratios of 
carry-over to total disappearance of 32.3, 29.5, and 27.5 percent, 
respectively. For the purposes of this proposed rule, these three ARP 
options will be considered. However, because of changes in the supply/
use situation that may develop between now and November 1, the actual 
announced preliminary ARP may be different from the options discussed 
in this rule.
    The estimated impacts of the ARP options are shown in the following 
table.

                  Upland Cotton Supply/Demand Estimates                 
------------------------------------------------------------------------
                                                Option   Option   Option
                     Item                         1        2        3   
------------------------------------------------------------------------
                                                                        
(2) Percent                                                             
ARP..........................................        5     12.5       20
Participation................................       85       83       81
                                                                        
(2) Thousand acres                                                      
Planted......................................   14,700   13,900   13,100
                                                                        
(2) Thousand bales                                                      
Production...................................   19,300   18,400   17,400
Domestic Use.................................   11,800   11,700   11,600
Exports......................................    6,800    6,600    6,400
Ending Stocks................................    6,000    5,400    4,700
                                                                        
(2) Percent                                                             
Stocks to Use................................     32.3     29.5     26.1
                                                                        
(2) Million dollars                                                     
Deficiency Payments..........................      603      491      394
------------------------------------------------------------------------

    Accordingly, comments are requested on the 1996 acreage reduction 
percentage for upland cotton. The final determination of this 
percentage will be published in the Federal Register and will be set 
forth at 7 CFR part 1413.

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, it is proposed that 7 CFR part 1413 be 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 to read as follows by:
    A. Revising paragraphs (a)(3)(iv) and (a)(3)(v),
    B. Adding paragraph (a)(3)(vi),
    C. Adding paragraph (d)(6).


Sec. 1413.54  Acreage reduction program provisions.

    (a) * * *
    (3) * * *
    (iv) 1994 upland cotton, 11.0 percent;
    (v) 1995 upland cotton, 0 percent; and
    (vi) 1996 upland cotton shall be within the range of 0 to 25 
percent, as determined and announced by CCC.
* * * * *
    (d) * * *
    (6) For the 1996 crop:
    (i)-(ii) [Reserved]
    (iii) Shall not be made available to producers of the 1996 crop 
upland cotton.
* * * * *
    Signed at Washington, DC, on October 4, 1995.
Bruce R. Weber,
Acting Executive Vice President, Commodity Credit Corporation.
[FR Doc. 95-25125 Filed 10-5-95; 9:18 am]
BILLING CODE 3410-05-P