Clarification of Bales Made Available for Shipment by CCC-Approved Warehouses, 59289-59291 [2013-23506]

Download as PDF 59289 Proposed Rules Federal Register Vol. 78, No. 187 Thursday, September 26, 2013 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. DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1423 RIN 0560–AI18 Clarification of Bales Made Available for Shipment by CCC-Approved Warehouses Commodity Credit Corporation and Farm Service Agency, USDA. ACTION: Proposed rule. AGENCY: 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 https://www.regulations.gov. Follow the emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:01 Sep 25, 2013 Jkt 229001 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 https:// 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 § 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 https:// 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: E:\FR\FM\26SEP1.SGM 26SEP1 59290 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Proposed Rules • 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. emcdonald on DSK67QTVN1PROD with PROPOSALS 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). VerDate Mar<15>2010 18:01 Sep 25, 2013 Jkt 229001 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 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 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 1. The authority 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) * * * E:\FR\FM\26SEP1.SGM 26SEP1 * * Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Proposed Rules (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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2013–0342; Directorate Identifier 2013–NE–14–AD] RIN 2120–AA64 Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co. KG Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for RollsRoyce Deutschland Ltd & Co. KG (RRD) Tay 620–15, 650–15, and 651–54 turbofan engines. This proposed AD was prompted by the discovery that the lowpressure compressor (LPC) fan blades leading edges erode in service and create an unacceptable blade flutter margin. This proposed AD would require replacement of LPC fan blades. We are proposing this AD to prevent LPC fan blade failure, damage to the engine, and damage to the airplane. DATES: We must receive comments on this proposed AD by November 25, 2013. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 emcdonald on DSK67QTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 18:01 Sep 25, 2013 Jkt 229001 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 202–493–2251. For service information identified in this proposed AD, contact Rolls-Royce Deutschland Ltd & Co KG, Eschenweg 11, Dahlewitz, 15827 BlankenfeldeMahlow, Germany; phone: 49 0 33– 7086–1200 (direct 1016); fax: 49 0 33– 7086–1212. You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781–238–7125. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (phone: 800–647–5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Frederick Zink, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7779; fax: 781–238 7199; email: frederick.zink@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2013–0342; Directorate Identifier 2013–NE–14–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 59291 personnel concerning this proposed AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Discussion The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2013– 0143, dated July 12, 2013 (referred to hereinafter as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: Service history of Tay series engines discovered that low pressure compressor (LPC) fan blade leading edge could be subject of excessive deterioration. The LPC fan blade leading edge profile influences the LPC aerodynamic characteristics and stability. This condition, if not corrected, could reduce fan flutter margin and, in some cases, could lead to fan blade failure, possibly resulting in uncontained release of high energy debris with consequent damage to, and/or reduced control of, the aeroplane. You may obtain further information by examining the MCAI in the AD docket. Service-history-relevant failure cases and a standard leading edge erosion rate profile analysis support the requirement for replacement of fan blades at the cycle intervals listed in the proposed AD, to maintain an acceptable fan flutter margin. We are proposing this AD to prevent LPC fan blade failure, damage to the engine, and damage to the airplane. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of Germany, and is approved for operation in the United States. Pursuant to our bilateral agreement with the European Community, EASA has notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would require replacement of LPC fan blades at specific intervals. Costs of Compliance We estimate that this proposed AD affects 52 engines installed on airplanes E:\FR\FM\26SEP1.SGM 26SEP1

Agencies

[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Proposed Rules]
[Pages 59289-59291]
From the Federal Register Online via the Government Printing 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 https://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 https://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 https://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

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.