17984 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

pear assessment rate was $0.45 per

standard box, or equivalent and $0.04

for the supplemental assessment rate on

Anjou variety pears. This represents a

$0.02 decrease in the assessment rate

recommended for this fiscal year.

This rate, when applied to anticipated

winter pear shipments of 13,817,000

boxes or equivalent, will yield a total of

$5,941,310 in assessment income.

Assessment income, along with

$401,324 from other income sources,

and $493,292 from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses. The $493,292

withdrawal of funds from the

Committee’s authorized reserve will

result in no reserve remaining at the end

of the 1994–95 fiscal period.

Major expense categories for the

1994–95 fiscal year include $5,572,500

for advertising, $276,340 for SOPP data

research, $276,340 for winter pear

improvement, $142,310 for salaries and

benefits, and $612,442 for unshared

contingency.

The expenses and assessment rate

were authorized in the finalization of

the interim final rule issued on

November 1, 1994, and published in the

Federal Register [59 FR 55333,

November 7, 1994]. The interim final

rule provided a 30-day comment period

for interested persons. No comments

were received.

The Committee conducted a mail vote

during January 1995, and unanimously

recommended to increase 1994–95

expenses from $6,835,926 to $7,460,160,

an increase of $624,234 from the

previously authorized amount. The

increase is necessary because the winter

pear crop, which was previously

estimated at 13,817,000 boxes or

equivalent, is now estimated at

15,500,000 boxes.

This under-estimation of over one

million boxes, caused the Committee to

calculate less assessment income. The

Committee is increasing funds for

promotion and advertisement for what

has become the largest crop of winter

pears in the industry’s history.

With the approved assessment rate of

$0.43, when applied to winter pear

shipments of 15,500,000 boxes or

equivalent, will yield a total of

$6,665,000 in assessment income.

Assessment income, along with

$368,086 from other income sources,

and $427,074 from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses.

Major expense categories for the

1994–95 fiscal year are to be revised as

follows; $5,812,500 for advertising,

$538,322 for unshared contingency,

$310,000 for SOPP data research, and

$310,000 for winter pear improvement

($5,572,500, $612,442, $276,340, and

$276,340, respectively, are the amounts

from the previously approved budget).

This action will not impose additional

costs on handlers. Therefore, the

Administrator of the AMS has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

After consideration of all relevant

matter presented, including the

information and recommendations

submitted by the Committee and other

available information, it is hereby found

that this rule as hereinafter set forth will

tend to effectuate the declared policy of

the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect or to engage in

further public procedure and that good

cause exists for not postponing the

effective date of this action until 30 days

after publication in the Federal Register

because: (1) The fiscal year for the

Committee began July 1, 1994, and the

Committee needs to have approval to

pay its expenses which are incurred on

a continuous basis; (2) handlers are

aware of this action which was

unanimously recommended by the

Committee by mail vote; and (3) no

increase in the assessment rate is being

recommended so no additional funds

will need to be collected from handlers.

List of Subjects in 7 CFR Part 927

Marketing agreements and orders,

Pears, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 927 is amended as

follows:

PART 927—WINTER PEARS GROWN

IN OREGON, WASHINGTON, AND

CALIFORNIA

1. The authority citation for 7 CFR

part 927 continues to read as follows:

Authority: 7 U.S.C. 601–674.

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 927.234 [Amended]

2. § 927.234 is amended by removing

‘‘$6,835,926’’ and adding in its place

‘‘$7,460,160’’.

Dated: March 31, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–8424 Filed 4–7–95; 8:45 am]

BILLING CODE 3410–02–P

Commodity Credit Corporation

7 CFR Parts 1413 and 1427

RIN 0560–AD42

1995 Extra Long Staple Cotton

Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Final rule.

SUMMARY: On November 7, 1994, the

Commodity Credit Corporation (CCC)

issued a proposed rule (58 FR 55378)

with respect to the 1995 Production

Adjustment Program for Extra Long

Staple (ELS) Cotton, which is conducted

by the CCC in accordance with the

Agricultural Act of 1949, as amended

(1949 Act). The 1995 ELS Cotton

Acreage Reduction Program (ARP)

percentage has been determined to be 10

percent. This final rule amends the

regulations to set forth the ARP

percentage, the established (target)

price, and the price support rate. No

paid land diversion (PLD) program will

be implemented for the 1995 crop of

ELS cotton.

EFFECTIVE DATE: April 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Kathryn A. Broussard, Consolidated

Farm Service Agency, United States

Department of Agriculture, room 3758–

S, P.O. Box 2415, Washington, DC

20013–2415 or call 202–720–9222.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule has been determined to be

significant and was reviewed by the

Office of Management and Budget

(OMB) under Executive Order 12866.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this final rule since the

CCC is not required by 5 U.S.C. 553 or

any other provision of law to publish a

notice of final 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 Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 17985

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 final rule has been reviewed in

accordance with Executive Order 12778.

The provisions of the final 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 parts 1413

and 1427 set forth in this final rule do

not contain information collections that

require clearance by the Office of

Management and Budget under the

provisions of 44 U.S.C. 35.

Background

This final rule amends 7 CFR part

1413 to set forth determinations on the

1995 ARP and the PLD Program and 7

CFR part 1427 to set forth the

determinations on the 1995 price

support level. General descriptions of

the statutory basis for the 1995 ELS ARP

percentage determination in this final

rule were set forth in the proposed rule

at 59 FR 55378 (November 7, 1994).

Three comments were received during

the comment period. Two respondents

recommended that an ARP level not

higher than 10-percent would be

sufficient to maintain a stable level of

supplies. One respondent recommended

a 15-percent ARP, but recognized that a

10-percent ARP would be acceptable.

In accordance with statutory

requirements, the Secretary of

Agriculture (Secretary) announced: a 10-

percent ARP; a price support level of

79.65 cents per pound; and a target

price of 95.6 cents per pound, for the

1995 ELS cotton program on December

1, 1994. The Secretary determined that

a 10-percent ARP would maintain U.S.

competitiveness in world markets while

balancing the risks of excessive supplies

and possible shortages. A 10-percent

ARP reflects the current supply

situation while signaling to domestic

and foreign customers that the U.S. will

be a reliable supplier.

Acreage Reduction

In accordance with section 103(h)(5)

of the 1949 Act, an ARP has been

established for the 1995 crop of ELS

cotton at 10 percent. Accordingly,

producers will be required to reduce

their 1995 acreage of ELS cotton for

harvest from the crop acreage base

established for ELS cotton by at least

this established percentage in order to

be eligible for price support loans,

purchase, and payments.

Paid Land Diversion

In accordance with section

103(h)(5)(B) of the 1949 Act, a PLD

Program will not be implemented for

the 1995 crop of ELS cotton.

Price Support Rate

In accordance with section 103(h)(2)

of the 1949 Act, the price support rate

has been established with respect to the

1995 crop of ELS cotton at 79.65 cents

per pound.

Established (Target) Price

In accordance with section

103(h)(3)(B) of the 1949 Act, the

established (target) price has been

established with respect to the 1995

crop of ELS cotton at 95.6 cents per

pound.

List of Subjects

7 CFR Part 1413

Acreage allotments, Cotton, Disaster

assistance, Feed grains, Price support

programs, Reporting and recordkeeping

requirements, Rice, Soil conservation,

Wheat.

7 CFR Part 1427

Cotton, Loan programs/agriculture,

Packaging and containers, Price support

programs, Reporting and recordkeeping

requirements, Surety bonds,

Warehouses.

Accordingly, 7 CFR parts 1413 and

1427 are 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 as

follows by:

A. Revising paragraphs (a)(5)(iii) and

(a)(5)(iv), and

B. Adding paragraphs (a)(5)(v),

C. Adding paragraph (d)(5):

§ 1413.54 Acreage reduction program

provisions.

(a) * * *

(5) * * *

(iii) 1993 ELS cotton, 20 percent;

(iv) 1994 ELS cotton, 15 percent; and

(v) 1995 ELS cotton, 10 percent.

* * * * *

(d) * * *

(5) For the 1995 crop:

(i)–(iii) [Reserved]

(iv) Shall not be made available to

producers of ELS cotton.

* * * * *

3. Section 1413.103 is amended by

adding paragraph (a)(8)(v) and revising

paragraph (b) to read as follows:

§ 1413.103 Established (target) prices.

(a) * * *

(8) * * *

(v) 1995 ELS cotton—$.95.6/lb.

(b) ELS cotton target price for the

1996 crop will be established as 120

percent of the loan rate for ELS cotton.

PART 1427—COTTON

4. The authority citation for 7 CFR

part 1427 continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1425, and

1444–2; 15 U.S.C. 7114b and 714c.

5. Section 1427.8 is amended as

follows by:

A. Revising paragraphs (a)(2)(iii) and

(a)(2)(iv), and

B. Adding paragraph (a)(2)(v):

§ 1427.8 Amount of loan.

(a) * * *

(2) * * *

(iii) 1993 ELS cotton, 88.12 cents per

pound;

(iv) 1994 ELS cotton, 85.03 cents per

pound; and

(v) 1995 ELS cotton, 79.65 cents per

pound.

* * * * *

Signed at Washington, DC on March 31,

1995.

Grant Buntrock,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 95–8743 Filed 4–7–95; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF ENERGY

10 CFR Part 600

Deviations for the Technology

Reinvestment Project

AGENCY: Department of Energy.

ACTION: Rules; class deviations.

SUMMARY: The Department of Energy

(DOE), pursuant to 10 CFR 600.4, hereby