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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

70995 

Vol. 79, No. 230 

Monday, December 1, 2014 

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: Final rule. 

SUMMARY: This rule amends the 

regulations that specify the 

requirements for the Commodity Credit 

Corporation (CCC)-approved 

warehouses storing cotton, which are 

administered by the Farm Service 

Agency (FSA). FSA is changing the 

definition of Bales Made Available for 

Shipment (BMAS). CCC-approved 

cotton warehouses are currently 

required to report BMAS, among other 

data, to FSA every week. FSA is 

clarifying 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 2 

weeks that such bales have been made 

available for delivery but have not yet 

been picked up. This rule change 

includes whether bales not picked up 

are reported by the warehouse operator 

to FSA in the weekly report; it does not 

change any warehouse tariffs, late fees, 

or restocking fees. The quality of 

reported information about bales made 

available for shipment will improve, 

which will benefit both FSA and the 

cotton industry. 

DATES: Effective Date: December 31, 

2014. 

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 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 FSA. The specific 

requirements that approved warehouses 

must meet are specified in the 

regulations in 7 CFR part 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 FSA every week. 

This rule will clarify that bales made 

available, but not picked up may only 

be reported as BMAS for no longer than 

the first 2 weeks that such bales were 

made available for shipment. The rule 

only changes how bales not picked up 

are counted in the weekly report to CCC; 

it does not change any warehouse 

tariffs, late fees, or restocking fees. 

As specified in this rule, bales made 

available for shipment, but not picked 

up may not be reported as BMAS for 

longer than the first 2 weeks that such 

bales were made available for shipment. 

There was no such time limit in the 

previous regulations or in the previous 

Cotton Storage Agreement (CSA) 

between FSA and approved warehouses. 

FSA is clarifying how BMAS is defined 

in the regulations in 7 CFR 1423.11 that 

apply to CCC-approved cotton 

warehouses; a conforming change will 

be made to Amendment 2 of CCC’s CSA. 

CSA 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 CSA 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. Since very few 

cotton warehouses currently list BMAS 

for longer than 2 weeks, this rule will 

not affect the majority of warehouse 

operators. The rule will only change 

how bales made available for shipment, 

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, and having accurate 

information about bales available for 

shipment contributes to an efficient 

supply of U.S. cotton. 

Discussion of Comments 

In response to the proposed rule, eight 

comments were submitted by 

commenters during the 60-day comment 

period. Comments were submitted by 

cotton industry associations, association 

members, and an individual cotton 

warehouse. Seven of the eight 

comments support the proposed rule 

change. Most of the supportive 

comments expressed the feeling that the 

proposed rule change will strengthen 

USDA enforcement of the current 

shipping standard requirement of 4.5 

percent of a warehouse’s applicable 

storage capacity per week. 

One of the supportive comments 

offers a suggestion for an additional 

change. One commenter disagrees with 

the proposed rule change. The following 

provides a summary of public 

comments received on the proposed 

rule and FSA’s responses. 

Comment: Only count a bale once in 

flow calculation—when the load is first 

assembled (broken out), rather than 

counting it again if unloaded and 

reloaded at a transit warehouse. 

Response: Warehouse operators report 

the number of bales shipped, made 

available for shipment, or not picked up 

in the weekly BMAS report. Warehouse 

operators are not required to list bales 

individually in the BMAS report, nor is 

the reporting format set up to handle 

that amount and type of data. There will 

be no change in response to the 

comment. 

Comment: Bales made available for 

delivery, but not picked up should stay 

a part of the BMAS total until shipment; 


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70996 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

they should not be removed from the 

report after only 2 weeks. 

Response: The flow of cotton from 

warehouses will continue regardless of 

the amount of bales not picked up; the 

change in the definition and the 

resulting change in the reporting will 

not change that. Warehouses are still 

required to deliver, schedule, and have 

cotton bales ready for delivery without 

unnecessary delay. In order to be 

considered to have delivered cotton 

without unnecessary delay, the 

warehouse operator must make 

available for shipment at least 4.5 

percent of the applicable storage 

capacity in effect during the relevant 

week of shipment. Accurate BMAS data 

and cotton flow information contributes 

to the efficient supply of U.S. cotton. It 

could be detrimental to the cotton 

industry as whole if BMAS data gave 

the appearance that cotton is flowing at 

a steady, consistent rate, but in reality 

months of cotton bales not picked up 

remain in warehouses across the 

country. In order to improve the quality 

of reported information about bales 

made available for shipment, there will 

be no change in response to the 

comment. 

Executive Order 12866 and 13563 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

The Office of Management and Budget 

(OMB) designated this rule as not 

significant under Executive Order 12866 

and, therefore, OMB has not reviewed 

this rule. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule whenever an agency is required by 

APA or any other law to publish a 

proposed rule, unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

FSA is certifying that this 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, FSA 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 

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 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 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ requires consultation with 

State and local officials that would be 

directly affected by proposed federal 

financial assistance. The objectives of 

the Executive Order are to foster an 

intergovernmental partnership and a 

strengthened Federalism, by relying on 

State and local processes for State and 

local government coordination and 

review of proposed Federal Financial 

assistance and direct Federal 

development. For reasons set forth in 

the final rule related document 

regarding 7 CFR part 3015, subpart V 

(48 FR 29115, June 24, 1983), the 

programs and activities within this rule 

are excluded from the scope of 

Executive Order 12372. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, ‘‘Civil Justice 

Reform.’’ This rule will not preempt 

State or local laws, regulations, or 

policies unless they represent an 

irreconcilable conflict with this rule. 

This rule will not have retroactive 

effect. 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 

This rule has been reviewed under 

Executive Order 13132, ‘‘Federalism.’’ 

The policies contained in this 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, except as 

required by law. Nor does this rule 

impose substantial direct compliance 

costs on State and local governments. 

Therefore, consultation with the States 

is not required. 

Executive Order 13175 

This rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, ‘‘Consultation 

and Coordination with Indian Tribal 

Governments.’’ Executive Order 13175 

requires Federal agencies to consult and 

coordinate with tribes on a governmentto-government basis on policies that 

have tribal implications, including 

regulations, legislative comments or 

proposed legislation, and other policy 

statements or actions that have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

FSA has assessed the impact of this 

rule on Indian tribes and determined 

that this rule does not, to our 

knowledge, have tribal implications that 

require tribal consultation under 

Executive Order 13175. If a Tribe 

requests consultation, FSA will work 

with the USDA Office of Tribal 

Relations to ensure meaningful 

consultation is provided where changes, 

additions, and modifications identified 

in this rule are not expressly mandated 

by the 2014 Farm Bill. 

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, and 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. 


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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 70997 

1To view the interim rule, supporting documents, 

the May 2011 and June 2012 documents reopening 

the comment period, and the comments we 

received, go to http://www.regulations.gov/

#!docketDetail;D=APHIS-2006-0074. 

2On December 4, 2013, we published another 

rulemaking, ‘‘Bovine Spongiform Encephalopathy; 

Importation of Bovines and Bovine Products’’ (78 

FR 72980–73008) that redesignated the sections we 

amended in part 95 in the interim rule. These 

redesignations are reflected in this final rule. 

3The interim rule used the term ‘‘exotic 

Newcastle disease’’ or ‘‘END.’’ In this document, we 

have removed the word ‘‘exotic’’ from the term to 

reflect changes made to the regulations in a final 

rule published March 29, 2013 (78 FR 19080– 

19085). 

4Federal Register, May 3, 2011 (76 FR 24793, 

Docket No. APHIS–2006–0074). 

This rule contains no Federal mandates 

as defined by Title II of UMRA for State, 

local, or Tribal governments, or the 

private sector. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

SBREFA 

This rule is not a major rule under the 

SBREFA (Public Law 104–121). 

Therefore, FSA is not required to delay 

the effective date for 60 days from the 

date of publication to allow for 

Congressional review. Accordingly, this 

rule is effective 30 days after 

publication in the Federal Register. 

Paperwork Reduction Act 

The cotton information covered in 

this 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 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 

FSA 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, 7 

CFR part 1423 is amended as follows: 

PART 1423—COMMODITY CREDIT 

CORPORATION APPROVED 

WAREHOUSES 

■ 1. The authority citation for part 1423 

continues to read as follows: 

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

■ 2. Revise § 1423.11(b)(1)(ii) to read as 

follows: 

§ 1423.11 Delivery and shipping standards 

for cotton warehouses. 

* * * * * 

(b) * * * 

(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. 

* * * * * 

Dated: November 23, 2014. 

Val Dolcini, 

Administrator, Farm Service Agency, and 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2014–28180 Filed 11–28–14; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 93, 94, and 95 

[Docket No. APHIS–2006–0074] 

RIN 0579–AC36 

Highly Pathogenic Avian Influenza 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are adopting as a final 

rule, with changes, an interim rule that 

amended the regulations concerning the 

importation of animals and animal 

products to prohibit or restrict the 

importation of live birds and poultry 

(including hatching eggs) and bird and 

poultry products from regions where 

any subtype of highly pathogenic avian 

influenza (HPAI) is considered to exist. 

The interim rule also added restrictions 

concerning importation of live birds and 

poultry that have been moved through 

regions where HPAI is considered to 

exist, or that have been vaccinated for 

certain types of avian influenza. This 

final rule amends the interim rule to 

allow the importation of live zoological 

birds and poultry that have been 

vaccinated for avian influenza as part of 

an official program and under specific 

conditions as determined by the 

Administrator and to allow the 

importation of HPAI-resistant pigeons, 

doves, and other Columbiform species 

under certain conditions from regions 

where HPAI is considered to exist. This 

action will provide for the importation 

of certain zoological birds and poultry 

under specified conditions designed to 

minimize the risk of introducing HPAI 

into the United States. 

DATES: Effective December 1, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Javier Vargas, Case Manager, National 

Import Export Services, Animal Health 

Policy and Programs, VS, APHIS, 4700 

River Road Unit 38, Riverdale, MD 

20737; (301) 851–3300. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule 1 effective and 

published in the Federal Register on 

January 24, 2011 (76 FR 4046–4056, 

Docket No. APHIS–2006–0074), we 

amended the regulations in 9 CFR parts 

93, 94, and 95 2 concerning the 

importation of animals and animal 

products to prohibit or restrict the 

importation of bird and poultry 

products from regions where highly 

pathogenic avian influenza (HPAI) is 

considered to exist by applying 

mitigations similar to those we use for 

Newcastle disease.3 The interim rule 

included restrictions concerning 

importation of live birds and poultry 

(including hatching eggs) that have been 

vaccinated for certain types of avian 

influenza or that have been moved 

through regions where HPAI is 

considered to exist. In addition, the 

interim rule updated cooking 

requirements to specifically include 

carcasses, parts, or products of poultry 

or other birds from regions where HPAI 

is considered to exist. These actions 

were necessary to prevent the 

introduction of HPAI into the United 

States. 

We solicited comments concerning 

the interim rule for 60 days ending 

March 25, 2011. We reopened the 

comment period 4 for 15 days ending 

May 18, 2011, to give commenters more 

time to respond. We reopened the 


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