[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59289-59291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23506]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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. 78, No. 187 / Thursday, September 26, 2013 / 
Proposed Rules  

[[Page 59289]]



DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1423

RIN 0560-AI18


Clarification of Bales Made Available for Shipment by CCC-
Approved Warehouses

AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Commodity Credit Corporation (CCC) proposes to amend the 
regulations that specify the requirements for CCC-approved warehouses 
storing cotton. The amendment would change the definition of Bales Made 
Available for Shipment (BMAS). CCC-approved cotton warehouses are 
currently required to report BMAS, among other data, to CCC every week. 
This rule would clarify that bales made available, but not picked up by 
the shipper, can only be reported by the warehouse operator as BMAS for 
no longer than the first two weeks that such bales have been made 
available for delivery but have not yet been picked up. The rule would 
only change how bales not picked up are reported by the warehouse 
operator to CCC in the weekly; it does not change any warehouse tariffs 
or fees. This change would improve the quality of reported information 
about bales available for shipment, benefiting both CCC and the cotton 
industry.

DATES: We will consider comments we receive by November 25, 2013.

ADDRESSES: We invite you to submit comments on this proposed rule. In 
your comment, please specify RIN 0560-AI18 and include the volume, 
date, and page number of this issue of the Federal Register. You may 
submit comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments; or
     Mail, Hand Delivery, or Courier: Dan Schofer, Cotton 
Program Manager, Commodity Operations Division, Farm Service Agency, 
USDA, Mail Stop 0533, 1400 Independence Ave SW., Washington, DC 20250-
0572.
    All written comments will be available for inspection online at 
www.regulations.gov and at the mail address above during business hours 
from 8 a.m. to 5 p.m., Monday through Friday, except holidays. A copy 
of this proposed rule is available through the FSA home page at http://www.fsa.usda.gov/.

FOR FURTHER INFORMATION CONTACT: Dan Schofer, telephone: (202) 720-
2121. Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.) should contact 
the USDA Target Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: The Commodity Operations Division of the 
Farm Service Agency (FSA) administers the CCC-approved warehouse 
program for CCC. This responsibility includes approving and licensing 
warehouses where commodities that are under various types of CCC loans 
may be stored. Those approved warehouses are required to comply with 
CCC regulations, which include reporting information about the stored 
commodities to CCC. The specific requirements that approved warehouses 
must meet are specified in the regulations in 7 CFR 1423 ``Commodity 
Credit Corporation Approved Warehouses'' and in the written storage 
agreements between CCC and the warehouse for each type of commodity.
    CCC-approved cotton warehouses are currently required to report 
BMAS, among other data, to CCC every week. This rule would clarify that 
bales made available, but not picked up could only be reported as BMAS 
for no longer than the first two weeks that such bales were made 
available for shipment. The rule would only change how bales not picked 
up are counted in the weekly report to CCC; it would not change any 
warehouse tariffs or fees.
    This rule would clarify how BMAS is defined in the regulation in 7 
CFR Sec.  1423.11 that apply to CCC-approved cotton warehouses. As 
specified in this rule, bales made available, but not picked up could 
not be reported as BMAS for longer than the first two weeks that such 
bales were made available for shipment. There is no such time limit in 
the existing regulations or in the existing Cotton Storage Agreement 
between CCC and approved warehouses. This rule would clarify how BMAS 
is defined in the regulations; a conforming change would be made to 
Amendment 2 of CCC's Cotton Storage Agreement. The storage agreement is 
the agreement between CCC and the warehouse on the requirements that 
the warehouse must meet for storing cotton that is under loan to CCC. 
The standard cotton storage agreement form and the subsequent 
amendments are available on FSA's Web site at http://www.fsa.usda.gov/FSA/webapp?area=home&subject=coop&topic=was-ca.
    There is no expected cost to warehouses or CCC of reporting BMAS as 
specified in this rule. The rule would only change how bales made 
available, but not picked up by the shipper are reported by the 
warehouse operator to CCC in the weekly report; it does not change 
warehouse tariffs or restocking fees.
    This change is intended to make the flow of cotton from U.S. 
producers and cotton warehouses to shippers, and ultimately to cotton 
merchants, more efficient based upon more accurately knowing and 
reporting what cotton is available for shipment. Availability and 
consistent supply of cotton are crucial for the U.S. cotton industry in 
competition with other cotton producing nations, and having accurate 
information about bales available for shipment contributes to an 
efficient supply of U.S. cotton.

Executive Order 12866

    The Office of Management and Budget (OMB) designated this proposed 
rule as not significant under Executive Order 12866 and, therefore, OMB 
has not reviewed this rule.

Clarity of the Regulations

    Executive Order 12866, as supplemented by Executive Order 13563, 
requires each agency to write all rules in plain language. In addition 
to your substantive comments on this proposed rule, we invite your 
comments on how to make it easier to understand. For example:

[[Page 59290]]

     Are the requirements in the rule clearly stated? Are the 
scope and intent of the rule clear?
     Does the rule contain technical language or jargon that is 
not clear?
     Is the material logically organized?
     Would changing the grouping or order of sections or adding 
headings make the rule easier to understand?
     Could we improve clarity by adding tables, lists, or 
diagrams?
     Would more, but shorter, sections be better? Are there 
specific sections that are too long or confusing?
     What else could we do to make the rule easier to 
understand?

Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601), 
CCC is certifying that this proposed rule would not have a significant 
economic effect on a substantial number of small entities. New 
provisions in this rule would not impact a substantial number of small 
entities to a greater extent than large entities. Therefore, CCC 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.

Environmental Review

    The environmental impacts of this proposed rule have been 
considered in a manner consistent with the provisions of the National 
Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations 
of the Council on Environmental Quality (40 CFR parts 1500-1508), and 
FSA regulations for compliance with NEPA (7 CFR part 799). This 
proposed rule would only change how bales not picked up are counted in 
the weekly report to CCC and does not change the structure or goals of 
the program and can be considered simply administrative in nature. 
Therefore, FSA has determined that NEPA does not apply to this proposed 
rule and no environmental assessment or environmental impact statement 
will be prepared.

Executive Order 12372

    This proposed rule is not subject to Executive Order 12372, 
Intergovernmental Review of Federal Programs, which requires 
intergovernmental consultation with State and local officials. This 
proposed rule does not address a program; it proposes to revise the 
rule that regulates warehouses as they are involved in CCC programs. 
See the notice related to 7 CFR part 3015, subpart V, published in the 
Federal Register on June 24, 1983 (48 FR 29115).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This proposed rule is not retroactive and would 
not preempt State or local laws, regulations, or policies unless they 
represent an irreconcilable conflict with this proposed rule. Before 
any judicial action may be brought regarding provisions of this 
proposed rule, the administrative appeal provisions of 7 CFR parts 11 
and 780 must be exhausted.

Executive Order 13132

    The policies contained in this proposed rule would not have any 
substantial direct effect on States, on the relationship between the 
Federal Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Nor would this 
proposed rule impose substantial direct compliance costs on State and 
local governments. Therefore, consultation with the States is not 
required.

Executive Order 13175

    This proposed rule has been reviewed for compliance with Executive 
Order 13175, ``Consultation and Coordination with Indian Tribal 
Governments.'' Executive Order 13175 imposes requirements on the 
development of regulatory policies that have Tribal implications or 
preempt Tribal laws. The USDA Office of Tribal Relations has concluded 
that the policies contained in this rule do not have Tribal 
implications that preempt Tribal law. FSA continues to consult with 
Tribal officials to have a meaningful consultation and collaboration on 
the development and strengthening of FSA regulations.

Unfunded Mandates

    Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L. 
104-4) requires Federal agencies to assess the effects of their 
regulatory actions on State, local, or tribal governments or the 
private sector. Agencies generally must prepare a written statement, 
including a cost benefit analysis, for proposed and final rules with 
Federal mandates that may result in expenditures of $100 million or 
more in any 1 year for State, local, or tribal governments, in the 
aggregate, or to the private sector. UMRA generally requires agencies 
to consider alternatives and adopt the more cost effective or least 
burdensome alternative that achieves the objectives of the rule. This 
rule contains no Federal mandates as defined by Title II of UMRA for 
State, local, or tribal governments or for the private sector. 
Therefore, this rule is not subject to the requirements of sections 202 
and 205 of UMRA.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act of 1996, (Pub. L. 104-121, SBREFA). Therefore, 
CCC is not required to delay the effective date for 60 days from the 
date of publication to allow for Congressional review.

Paperwork Reduction Act

    The cotton information covered in this proposed rule is the weekly 
reporting of BMAS by cotton warehouses. BMAS is reported through the 
Electronic Warehouse Receipt (EWR) system, to which FSA has access. EWR 
is operated by a private company and generally contains information 
that is exempt from the Paperwork Reduction Act (44 U.S.C. Chapter 35) 
because it is usual and customary business information. The proposed 
change in the regulation would not change the burden associated with 
reporting BMAS, which is required to be reported weekly. The only thing 
that would change is which bales are required to be included in the 
calculation of the total BMAS for that week. EWR is approved under OMB 
control number 0560-0120.

E-Government Act Compliance

    CCC is committed to complying with the E-Government Act, to promote 
the use of the Internet and other Information technologies to provide 
increased opportunities for citizen access to Government Information 
and services, and for other purposes.

List of Subjects in 7 CFR Part 1423

    Agricultural commodities, Honey, Oilseeds, Reporting and 
recordkeeping requirements, Surety bonds, Warehouses.

    For the reasons discussed above, CCC proposes to amend 7 CFR part 
1423 as follows:

PART 1423--COMMODITY CREDIT CORPORATION APPROVED WAREHOUSES

0
1. The authority for part 1423 continues to read as follows:

    Authority: 15 U.S.C. 714b and 714c.

0
2. Revise Sec.  1423.11 (b)(1)(ii) to read as follows:


Sec.  1423.11  Delivery and shipping standards for cotton warehouses.

* * * * *
    (b) * * *

[[Page 59291]]

    (1) * * *
    (ii) Were scheduled and ready for delivery in a previous week, but 
were not picked up by the shipper and remain available for immediate 
loading and another shipping date has not been established, or such 
bales are not subject to a restocking fee as provided in the warehouse 
operator's public tariff. Bales that have been available for delivery 
but not picked up may be counted as BMAS for no longer than the first 
two weeks that such bales have been made available for delivery but not 
yet picked up by the shipper.
* * * * *

    Signed on August 12, 2013.
Juan M. Garcia,
Administrator, Farm Service Agency, and Executive Vice President, 
Commodity Credit Corporation.
[FR Doc. 2013-23506 Filed 9-25-13; 8:45 am]
BILLING CODE 3410-05-P