[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Rules and Regulations]
[Pages 33539-33542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16013]


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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Parts 735, 736, 737, 738, 739, 740, 741, 742, and 743

RIN 0560-AF07


Amending Regulations for Various Commodity Warehouses

AGENCY: Farm Service Agency.

ACTION: Final rule.

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SUMMARY: This final rule updates the various commodity regulations 
issued under the United States Warehouse Act (USWA) governing cotton, 
grain, wool, dry beans, nut, sirup, and cottonseed warehouses. The 
changes contained in this final rule are administrative in nature. Due 
to the administrative nature of these changes, affected warehouse 
operators/warehousemen or other sectors of agricultural trade will not 
be adversely affected.
    This final rule also revokes the ``Regulations for Field 
Warehouses'' which were originally issued as Service and Regulatory 
Announcement No. 136 (B.A.E.) July 30, 1932. These regulations have not 
had any appreciable activity for many years and there is no foreseeable 
need for them in the future.
    This action is being taken as part of the National Performance 
Review Initiative to eliminate unnecessary regulations and improve 
those that remain in force.

EFFECTIVE DATE: June 20, 1997.
FOR FURTHER INFORMATION CONTACT: Steve Mikkelsen, Chief, Licensing 
Authority Branch, Warehouse and Inventory Division, Farm Service 
Agency, STOP 0553, 1400 Independence Avenue SW., Washington, DC 20250-
0553; telephone (202) 720-7433.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and therefore has not been reviewed 
by the Office of Management and Budget (OMB).

Executive Order 12988

    This final rule has been reviewed in accordance with Executive 
Order 12988. The provisions of this final rule do not preempt State 
laws, are not retroactive, and do not involve administrative appeals.

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 Analysis 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,

[[Page 33540]]

published at 48 FR 29115 (June 24, 1983).

Paperwork Reduction Act

    This rule does not affect reporting or recordkeeping requirements.

Regulatory Flexibility Act

    Because this rule will not have an adverse impact on a substantial 
number of small businesses, a Regulatory Flexibility Assessment is not 
required.

Unfunded Mandate Reform Act of 1995

    This rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) for State, local, and tribal governments or the private sector. 
Thus, this rule is not subject to the requirements of sections 202 and 
205 of the UMRA.

Background

    Pursuant to the provisions of the USWA, the Secretary has the 
authority to license public warehousemen storing agricultural 
commodities (7 U.S.C. 241 et seq.) who meet statutory and regulatory 
standards. Changes in the economy, governmental administrative policy, 
and the needs of the warehousing industry in general have necessitated 
the Department to review, on a continuous basis, operations and 
requirements under the USWA.
    Accordingly, rules and regulations and changes to such rules and 
regulations have been promulgated by the Department from time to time, 
under authority of 7 U.S.C. 268 (section 28) of the USWA for the 
efficient execution of the USWA.

List of Subjects in 7 CFR Parts 735, 736, 737, 738, 739, 740, 741, 
742 and 743

    Administrative practice and procedure, Agricultural commodities, 
Reporting and recordkeeping requirements, Surety bonds, Warehouses.

    For the reasons set out in the preamble, 7 CFR is amended as 
follows:
    1. Throughout parts 735 through 742, in OMB control numbers, revise 
all references to ``control number 0581-0027'' to read ``control number 
0560-0120.''

PART 735--COTTON WAREHOUSES

    2. The authority citation for part 735 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

    3. In the sections listed below, remove the reference in the right 
column and insert, ``the Service'' in its place:

------------------------------------------------------------------------
                Section                             Reference           
------------------------------------------------------------------------
735.2(gg).............................  ``FSA''.                        
735.2(hh).............................  ``FSA''.                        
735.2(ii).............................  ``FSA''.                        
735.52................................  ``Agricultural Marketing        
                                         Service, USDA''.               
735.100...............................  ``FSA''.                        
735.101(k)............................  ``FSA''.                        
735.102(b)............................  ``FSA'' (two occurrences).      
------------------------------------------------------------------------

    4. Section 735.35 is revised to read as follows:


Sec. 735.35  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipts for auditing to an entity or office of the Service as 
may be designated from time to time.


Sec. 735.46  [Removed and Reserved]

    5. Section 735.46 is removed and reserved.
    6. Section 735.87 is revised to read as follows:


Sec. 735.87  Publications.

    Publications under the act and the regulations in this part shall 
be made in such media as may be deemed proper by the Administrator.
    7. Section 735.101(n) is removed and Secs. 735.101 (o) through (q) 
are redesignated Secs. 735.101 (n) through (p) respectively.

PART 736--GRAIN WAREHOUSES

    8. The authority citation for part 736 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

Sec. 736.5  [Removed and Reserved]

    9. Section 736.5 is removed and reserved.
    10. Section 736.22 is revised to read as follows:


Sec. 736.22  Printing of receipts.

    No receipt shall be issued by a licensed warehouseman unless it is:
    (a) In a form prescribed by the Administrator,
    (b) Upon distinctive paper or card stock specified by the 
Administrator,
    (c) Printed by a printer with whom the United States has a 
subsisting agreement and bond for such printing, and
    (d) On paper and/or card stock tinted with ink in the manner 
prescribed by the agreement under paragraph (c) of this section.
    11. Section 736.32 is moved to immediately follow the undesignated 
center heading ``Duties of Warehouseman''. Section 736.32 is also 
revised to read as follows:


Sec. 736.32  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipts for auditing to an entity or office of the Service as 
may be designated from time to time.
    12. In Sec. 736.33, paragraph (f) is revised to read as follows:


Sec. 736.33  Insurance; requirements.

* * * * *
    (f) If at any time a fire occurs at or within any licensed 
warehouse, it shall be the duty of the warehouseman to report 
immediately the occurrence of such fire and the extent of damage to the 
Administrator.
    13. In the last sentence in Sec. 736.59, the phrase ``of 
`Agricultural Marketing Service, USDA.' '' is changed to read ``of the 
Service.''

PART 737--TOBACCO WAREHOUSES

    14. The authority citation for part 737 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

    15. Section 737.19 is revised to read as follows:


Sec. 737.19  Printing of receipts.

    No receipt shall be issued by a licensed warehouseman unless it is:
    (a) In a form prescribed by the Administrator,
    (b) Upon distinctive paper or card stock specified by the 
Administrator,
    (c) Printed by a printer with whom the United States has a 
subsisting agreement and bond for such printing, and
    (d) On paper and/or card stock tinted with ink in the manner 
prescribed by the agreement under paragraph (c) of this section.
    16. Section 737.42 is revised to read as follows:


Sec. 737.42  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipts for auditing to an entity or office of the Service as 
may be designated from time to time.
    17. Section 737.46 is revised to read as follows:


Sec. 737.46  Reporting fire losses.

    If at any time a fire occurs at or within any licensed warehouse, 
it shall be the duty of the warehouseman to report immediately the 
occurrence of such fire and the extent of damage to the Administrator.


Sec. 737.47  [Removed and Reserved]

    18. Section 737.47 is removed and reserved.
    19. In the last sentence in Sec. 737.50, the phrase ``of 
`Agricultural Marketing

[[Page 33541]]

Service, USDA.' '' is changed to read ``of the Service.''
    20. Section 737.76 is revised to read as follows:


Sec. 737.76  Publications.

    Publications under the act and the regulations in this part shall 
be made in such media as may be deemed proper by the Administrator.

PART 738--WOOL WAREHOUSES

    21. The authority citation for part 738 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

    22. Section 738.19 is revised to read as follows:


Sec. 738.19  Printing of receipts.

    No receipt shall be issued by a licensed warehouseman unless it is:
    (a) In a form prescribed by the Administrator,
    (b) Upon distinctive paper or card stock specified by the 
Administrator,
    (c) Printed by a printer with whom the United States has a 
subsisting agreement and bond for such printing, and
    (d) On paper and/or card stock tinted with ink in the manner 
prescribed by the agreement under paragraph (c) of this section.
    23. Section 738.30 is revised to read as follows:


Sec. 738.30  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipts for auditing to an entity or office of the Service as 
may be designated from time to time.


Sec. 738.32  [Removed and Reserved]

    24. Section 738.32 is removed and reserved.
    25. Section 738.45 is revised to read as follows:


Sec. 738.45  Reporting fire losses.

    If at any time a fire occurs at or within any licensed warehouse, 
it shall be the duty of the warehouseman to report immediately the 
occurrence of such fire and the extent of damage to the Administrator.
    26. In the last sentence in Sec. 738.48, the phrase ``of 
`Agricultural Marketing Service, USDA.' '' is changed to read ``of the 
Service.''
    27. Section 738.70 is revised to read as follows:


Sec. 738.70  Publications.

    Publications under the act and the regulations in this part shall 
be made in such media as may be deemed proper by the Administrator.

PART 739--DRY BEAN WAREHOUSES

    28. The authority citation for part 738 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

    29. Section 739.19 is revised to read as follows:


Sec. 739.19  Printing of receipts.

    No receipt shall be issued by a licensed warehouseman unless it is:
    (a) In a form prescribed by the Administrator,
    (b) Upon distinctive paper or card stock specified by the 
Administrator,
    (c) Printed by a printer with whom the United States has a 
subsisting agreement and bond for such printing, and
    (d) On paper and/or card stock tinted with ink in the manner 
prescribed by the agreement under paragraph (c) of this section.
    30. Section 739.40 is revised to read as follows:


Sec. 739.40  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipt for auditing to an entity or office of the Service as 
may be designated from time to time.


Sec. 739.52  [Removed and Reserved]

    31. Section 739.52 is removed and reserved.
    32. Section 739.53 is revised to read as follows:


Sec. 739.53  Reporting fire losses.

    If at any time a fire occurs at or within any licensed warehouse, 
it shall be the duty of the warehouseman to report immediately the 
occurrence of such fire and the extent of damage to the Administrator.
    33. In the last sentence in Sec. 739.57, the phrase ``of 
`Agricultural Marketing Service, USDA.' '' is changed to ``of the 
Service.''
    34. Section 739.78 is revised to read as follows:


Sec. 739.78  Publications

    Publications under the act and the regulations in this part shall 
be made in such media as may be deemed proper by the Administrator.

PART 740--NUT WAREHOUSES

    35. The authority citation for part 740 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

    36. Section 740.21 is revised to read as follows:


Sec. 740.21  Printing of receipts.

    No receipt shall be issued by a licensed warehouseman unless it is:
    (a) In a form prescribed by the Administrator,
    (b) Upon distinctive paper or card stock specified by the 
Administrator,
    (c) Printed by a printer with whom the United States has a 
subsisting agreement and bond for such printing, and
    (d) On paper and/or card stock tinted with ink in the manner 
prescribed by the agreement under paragraph (c) of this section.
    37. Section 740.27 is moved to immediately follow the undesignated 
center heading center heading ``Duties of Licensed Warehousemen''. 
Section 740.27 is also revised to read as follows:


Sec. 740.27  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipts for auditing to an entity or office of the Service as 
may be designated from time to time.


Sec. 740.49  [Removed and reserved]

    38. Section 740.49 is removed and reserved.
    39. Section 740.54 is revised to read as follows:


Sec. 740.54  Reporting fire losses.

    If at any time a fire occurs at or within any licensed warehouse, 
it shall be the duty of the warehouseman to report immediately the 
occurrence of such fire and the extent of damage to the Administrator.
    40. In the last sentence in Sec. 740.58, the phrase ``of 
`Agricultural Marketing Service, USDA.' '' is changed to read ``of the 
Service.''

PART 741--SIRUP WAREHOUSES

    41. The authority citation for part 741 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

    42. Section 741.19 is revised to read as follows:


Sec. 741.19  Printing of receipts.

    No receipt shall be issued by a licensed warehouseman unless it is:
    (a) In a form prescribed by the Administrator, (b) Upon distinctive 
paper or card stock specified by the Administrator, (c) Printed by a 
printer with whom the United States has a subsisting agreement and bond 
for such printing, and
    (d) On paper and/or card stock tinted with ink in the manner 
prescribed by the agreement under paragraph (c) of this section.
    43. Section 741.36 is revised to read as follows:

[[Page 33542]]

Sec. 741.36  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipts for auditing to an entity or office of the Service as 
may be designated from time to time.
    44. Section 741.46 is revised to read as follows:


Sec. 741.46  Reporting fire losses.

    If at any time a fire occurs at or within any licensed warehouse, 
it shall be the duty of the warehouseman to report immediately the 
occurrence of such fire and the extent of damage to the Administrator.
    45. In the last sentence in Sec. 741.50, the phrase ``of 
`Agricultural Marketing Service, USDA.' '' is changed to read ``of the 
Service.''
    46. Section 741.71 is revised to read as follows:


Sec. 741.71  Publications.

    Publications under the act and the regulations in this part shall 
be made in such media as may be deemed proper by the Administrator.

PART 742--COTTONSEED WAREHOUSES

    47. The authority citation for part 742 continues to read as 
follows:

    Authority: 7 U.S.C. 241 et seq.

    48. Section 742.20 is revised to read as follows:


Sec. 742.20  Printing of receipts.

    No receipt shall be issued by a licensed warehouseman unless it is:
    (a) In a form prescribed by the Administrator,
    (b) Upon distinctive paper or card stock specified by the 
Administrator,
    (c) Printed by a printer with whom the United States has a 
subsisting agreement and bond for such printing, and
    (d) On paper and/or card stock tinted with ink in the manner 
prescribed by the agreement under paragraph (c) of this section.
    49. Section 742.43 is revised to read as follows:


Sec. 742.43  Canceled receipts; auditing.

    Each warehouseman, if requested by the Service, shall forward 
canceled receipts for auditing to an entity or office of the Service as 
may be designated from time to time.
    50. Section 742.55 is revised to read as follows:


Sec. 742.55  Reporting fire losses.

    If at any time a fire occurs at or within any licensed warehouse, 
it shall be the duty of the warehouseman to report immediately the 
occurrence of such fire and the extent of damage to the Administrator.
    51. In the last sentence in Sec. 742.60, the phrase ``of 
`Agricultural Marketing Service, USDA.' '' is changed to read ``of the 
Service.''
    52. Section 742.82 is revised to read as follows:


Sec. 742.82  Publications.

    Publications under the act and the regulations in this part shall 
be made in such media as may be deemed proper by the Administrator.

PART 743--[REMOVED]

    53. Part 743 is removed and reserved.

    Signed at Washington, DC, on June 11, 1997.
Bruce R. Weber,
Acting Administrator, Farm Service Agency.
[FR Doc. 97-16013 Filed 6-19-97; 8:45 am]
BILLING CODE 3410-05-P