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Title 7Subtitle BChapter XXIX → Part 2900

Title 7: Agriculture


§2900.1   General.
§2900.2   Definitions.
§2900.3   Essential agricultural uses.
§2900.4   Natural gas requirements.
§2900.6   Effective date.

Authority: Pub. L. 95-621, Nov. 9, 1978.

Source: 44 FR 28786, May 17, 1979, unless otherwise noted.

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§2900.1   General.

Section 401(c) of the Natural Gas Policy Act of 1978 (NGPA) requires the Secretary of Agriculture to determine the essential uses of natural gas, and to certify to the Secretary of Energy and the Federal Energy Regulatory Commission (FERC) the natural gas requirements, expressed either as volumes or percentages of use, of persons, or classes thereof, for essential agricultural uses in order to meet requirements of full food and fiber production. This rule covers establishments performing functions classed as essential agricultural uses whose natural gas supplies are distributed through the interstate pipeline systems even though such establishments may receive such gas directly from an intrastate pipeline or local distribution company. The rule provides to the Secretary of Energy (for purposes of Section 401(a) of the NGPA) and to the Federal Energy Regulatory Commission the following certifications:

(a) Essential agricultural uses of natural gas, expressed as classes of establishments that use gas for essential agricultural purposes; and

(b) Essential agricultural current requirements of natural gas, expressed as percentages of use.

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§2900.2   Definitions.

(a) Full food and fiber production means the entire output of food and fiber produced for the domestic market, and for export, for building of reserves, and crops for soil building or conservation. This term also includes the processing of food and fiber into stable and storable products, and the maintenance of food quality after processing.

(b) Establishment means an economic unit, generally at a single physical location where business is conducted or where service or industrial operations are performed (for example, a factory, mill, store, mine, farm, sales office, or warehouse). (Note: This is the same definition used in the Standard Industrial Classification Manual, 1972 edition).

(c) Essential Agricultural Use Establishment means any Establishment, or the portion of an Establishment, which performs (or has the capability to perform) activities specified in §2900.3.

(d) Current Natural Gas Requirements means the amount of natural gas required by an Essential Agricultural Use Establishment to perform the activities devoted to full food and fiber production.

(Pub. L. 95-621, Nov. 8, 1979, 92 Stat. 3350, 15 U.S.C. 3301 et seq.)

[44 FR 28786, May 17, 1979, as amended at 46 FR 47216, Sept. 25, 1981]

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§2900.3   Essential agricultural uses.

For purposes of Section 401(c) of the NGPA the following classes or portions of classes are certified as essential agricultural uses in order to meet the requirements of full food and fiber production:

Essential Agricultural Uses

Industry SIC No. and Industry Description

Food and Natural Fiber Production

01   Agricultural Production—Crops

02   Agricultural Production—Livestock Excluding 0272—Horses and Other Equines, and Nonfood Portions of 0279—Animal Specialties, Not Elsewhere Classified.

0723   Crop Preparation Services for Market, Except Cotton Ginning (see fiber processing).

4971   Irrigation Systems.

Fertilizer and Agricultural Chemicals

(Process and Feedstock Use Only)

1474   Potash, Soda, and Borate Materials.

1475   Phosphate Rock.

1477   Sulfur.

2819   Industrial Inorganic Chemicals, n.e.c. (Agricultural related only).

2865   Cyclic Crudes and Cyclic Intermediates, Dyes and Organic Pigments (Agricutural related only).

2869   Industrial Organic Chemicals, n.e.c. (Agricutural related only).

287   Agricultural Chemicals.

2899   Chemicals and Chemical Preparations, n.e.c. (Salt—Feed grade only).

3274   Lime (Agricultural lime only).

Food and Natural Fiber Processing-Food

20   Food and Kindred Products Except 2047   Dog, Cat and Other Pet Food, and 2048   Prepared Feeds and Feed Ingredients for Animals and Fowls, Not Elsewhere Classified.

2869   Industrial Organic Chemicals (Monosodium Glutamate, Food-grade Citric Acid and Food-grade Enzymes only).

2899   Chemicals and Chemical Preparations, n.e.c. (Salt for food use only).

Animal Feeds, and Food

(Process and Feedstock Use Only)

2047   Dog, Cat and Other Pet Food.

2048   Prepared Feeds and Feed Ingredients for Animals and Fowls, Not Elsewhere Classified.

Natural Fiber

0724   Cotton Ginning.

2141   Tobacco Stemming and Redrying.

2299   Textile Goods, n.e.c. (wool tops, combing and converting).

3111   Leather Tanning and Finishing.

Food Quality Maintenance—Food Packaging

2641   Paper Coating and Glazing (food related only).

2643   Bags, Except Textile (food related only).

2645   Die Cut Paper and Paperboard (food related only).

2646   Pressed and Molded Pulp Goods (food related only).

2649   Converted Paper Products (food related only).

2651   Folding Paperboard Boxes (food related only).

2653   Corrugated and Solid Fiber Boxes (food related only).

2654   Sanitary Food Containers.

2655   Fiber Cans, Tubes, Drums, and Similar Products (food related only).

3079   Miscellaneous Plastic Products (food related only).

3221   Glass Containers (food related only).

3411   Metal Cans (food related only).

3412   Metal Shipping Barrels, Drums, Kegs, and Pails (food related only).

3466   Metal Crowns and Closures (Food Related Only).

3497   Metal Foil and Leaf (food related only).

Petroleum wax, synthetic petroleum wax and polyethylene wax (food grade only) as food containers.

Marketing and Distribution

4221   Farm Product Warehousing and Storage.

4222   Refrigerated Warehousing.

514   Groceries and Related Products.

5153   Farm Product Raw Materials—Grain.

54   Food Stores.

Energy Production

(1) Agricultural production on set-aside acreage or acreage diverted from the production of a commodity (as provided under the Agricultural Act of 1949) to be devoted to the production of any commodity for conversion into alcohol or hydrocarbons for use as motor fuel or other fuels;

(2) Sugar refining for production of alcohol; and

(3) Distillation of fuel-grade alcohol from food grains and other biomass by facilities in existence on June 30, 1980 which do not have the installed capability to burn coal lawfully, for a period ending June 29, 1985.

(Pub. L. 95-621, Nov. 8, 1978, 92 Stat. 3350; 15 U.S.C. 3301 et seq.)

[44 FR 28786, May 17, 1979, as amended at 45 FR 5298, Jan. 23, 1980; 45 FR 45887, 45888, July 8, 1980; 45 FR 50550, July 30, 1980; 47 FR 25320, June 11, 1982; 48 FR 43670, Sept. 26, 1983; 49 FR 37733, Sept. 26, 1984]

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§2900.4   Natural gas requirements.

For purposes of Section 401(c), NGPA, the natural gas requirements for each Essential Agricultural Use Establishment, whether such Essential Agricultural Use Establishment is in existence on the effective date of this rule or comes into existence thereafter, are certified to be 100 percent of Current Natural Gas Requirements.

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§2900.6   Effective date.

This rule shall become effective on May 14, 1979.

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