[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Rules and Regulations]
[Page 28181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9698]



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  Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Rules 
and Regulations  

[[Page 28181]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1435

RIN 0560-AH21


Flexible Marketing Allotments for Sugar; Correction

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document corrects the final regulations published on 
September 13, 2004 that amended the Sugar Program regulations of the 
Commodity Credit Corporation (CCC) by revising several definitions used 
in the program and the sugar marketing allotment regulations with 
respect to the reassignment of processors' allocation deficits. A 
correction is needed to restore two paragraphs that were inadvertently 
removed and add a clarifying paragraph.

DATES: Effective May 17, 2005.

FOR FURTHER INFORMATION CONTACT: Barbara Fecso, Dairy and Sweeteners 
Analysis, Economic and Policy Analysis Staff, Farm Service Agency 
(FSA), United States Department of Agriculture (USDA), Stop 0516, 1400 
Independence Ave., SW., Washington, DC 20250-0516. Telephone: (202) 
720-4146; e-mail: [email protected]. Persons with disabilities who 
require alternative means for communication (Braille, large print, 
audio tape, etc.) should contact the USDA Target Center at (202) 720-
2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: 

Background

    This rule corrects the final regulations published in the Federal 
Register on September 13, 2004 (69 FR 55061-55063) that amended the 
sugar marketing allotment regulations at 7 CFR 1435 with respect to the 
reassignment of processors' marketing allocations. In the final rule, 
the revision to section 1435.309 inadvertently removed paragraphs 
(c)(3) and (c)(4). These paragraphs are restored. The revision to 
section 1435.309(c) provided that if CCC determines a sugarcane 
processor will be unable to market its full allocation for the crop 
year in which an allotment is in effect, the deficit will be reassigned 
by June 1. This correction deletes the reference to June 1 in section 
1435.309(c) and adds a new paragraph 1435.109(d) that clarifies that 
June 1 is the date by which the initial estimate of the deficit will be 
reassigned and that later reassignments will be made if CCC determines 
after June 1 that a sugarcane processor will be unable to market its 
full allocation for the crop year in which an allotment is in effect. 
These corrections are required for the proper administration of the 
program.

List of Subjects in 7 CFR Part 1435

    Loan programs--agriculture, Price support programs, Reporting and 
record keeping requirements, and Sugar.

0
Accordingly, 7 CFR part 1435 is corrected as follows:

PART 1435--SUGAR PROGRAM

0
1. The authority citation for part 1435 continues to read as follows:

    Authority: 7 U.S.C. 1359aa-1359jj and 7272 et seq.; 15 U.S.C. 
714b and 714c.

Subpart D--Flexible Marketing Allotments for Sugar

0
2. Amend Sec.  1435.309 by:
0
a. Revising paragraph (c) introductory text;
0
b. Adding paragraphs (c)(3) and (c)(4);
0
c. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f) 
respectively;
0
d. Removing ``(d)(1)'' from newly designated paragraph (e)(2) and 
adding ``(e)(1)'' in its place;
0
e. Removing ``(d)(1) and (d)(2)'' from newly designated paragraph 
(e)(3) and adding ``(e)(1) and (e)(2)'' in its place; and
0
f. Adding new paragraph (d).
    The revisions and additions read as follows:


Sec.  1435.309  Reassignment of deficits.

* * * * *
    (c) If CCC determines a sugarcane processor will be unable to 
market its full allocation for the crop year in which an allotment is 
in effect, the deficit will be reassigned as follows:
* * * * *
    (3) If the deficit cannot be eliminated by paragraphs (c)(1) and 
(c)(2) of this section, be reassigned to CCC. CCC shall sell such 
quantity from inventory unless CCC determines such sales would have a 
significant effect on the sugar price.
    (4) If any portion of the deficit remains after paragraphs (c)(1), 
(c)(2), and (c)(3) of this section have been implemented, be reassigned 
to imports.
    (d) The initial estimate of the sugarcane deficit will be 
reassigned by June 1. CCC will conduct later reassignments if CCC 
determines, after June 1, that a sugarcane processor will be unable to 
market its full allocation.
* * * * *

    Signed in Washington, DC, on May 6, 2005.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 05-9698 Filed 5-16-05; 8:45 am]
BILLING CODE 3410-05-P