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Rules and Regulations Federal Register

76835

Vol. 69, No. 246

Thursday, December 23, 2004

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 51 

[Docket Number FV–98–304 C] 

Pistachio Nuts in the Shell, and 

Shelled Pistachio Nuts; Grade 

Standards

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Correcting amendments.

SUMMARY: This document contains 

corrections to final regulations which 

were published August 22, 2003 (68 FR 

50681). The regulations related to 

United States Standards for Grades of 

Pistachio Nuts in the Shell, and the 

United States Standards for Grades of 

Shelled Pistachio Nuts.

EFFECTIVE DATE: December 23, 2004.

FOR FURTHER INFORMATION CONTACT:

David Priester, Standardization Section, 

Fresh Products Branch, Fruit and 

Vegetable Programs, Agricultural 

Marketing Service, U.S. Department of 

Agriculture, 1400 Independence 

Avenue, SW., Room 1661 South 

Building, STOP 0240, Washington, DC 

20250–0240, Fax (202) 720–8871 or call 

(202) 720–2185; e-mail 

David.Priester@usda.gov.

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this correction revised 

§§ 51.2544, Tolerances, and 51.2557, 

Tolerances. 

Need for Correction 

As published, minor insect injury or 

vertebrate injury was inadvertently 

omitted from regulatory text § 51.2544, 

Table II paragraph (b) and § 51.2557, 

Table I paragraph (b). Additionally, 

mold, rancid, decay was incorrectly 

listed in § 51.2544, Table II paragraph 

(b)(1), and § 51.2557, Table I paragraph 

(b)(1). This document corrects those 

errors. The corrected tables conform to 

the definitions of serious damage in 

§ 51.2547 and § 51.2560.

List of Subjects in 7 CFR Part 51 

Agricultural commodities, Food 

grades and standards, Fruits, Nuts, 

Reporting and recordkeeping 

requirements, Trees, Vegetables.

■ Accordingly, 7 CFR is amended by 

making the following corrections:

PART 51—FRESH FRUITS, 

VEGETABLES AND OTHER 

PRODUCTS (INSPECTION, 

CERTIFICATION, AND STANDARDS)

■ 1. The authority citation for 7 CFR part 

51 continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

■ 2. In § 51.2544, Table II is revised to 

read as follows:

§ 51.2544 Tolerances.

* * * * *

TABLE II.—TOLERANCES

Factor

internal (kernel) defects

(tolerances by weight) 

U.S. fancy

(percent) 

U.S. extra

No. 1

(percent) 

U.S. No. 1

(percent) 

U.S. select

(percent) 

U.S. artificially 

opened

(percent) 

U.S. non-split

(percent) 

(a) Damage .............................................. 3 6 6 6 6 6 

(b) Serious Damage (Minor Insect or 

Vertebrate Injury, Mold, Rancid, 

Decay) .................................................. 3 4 4 4 4 4 

(1) Insect Damage, included in (b) .......... 1 2 2 2 2 2 

(c) Total Internal Defects ......................... 4 8 9 9 9 9 

* * * * * ■ 3. In § 51.2557, Table I is revised to 

read as follows:

§ 51.2557 Tolerances.

* * * * *

TABLE 1.—TOLERANCES

Factor

(tolerances by weight) 

U.S. fancy

(percent) 

U.S. extra 

No. 1

(percent) 

U.S. No. 1

(percent) 

(a) Damage .............................................................................................................................................. 2.0 2.5 3.0 

(b) Serious Damage (Minor Insect or Vertebrate Injury, Mold, Rancid, Decay) ..................................... 1.5 2.0 2.5 

(1) Insect Damage, included in (b) .......................................................................................................... .3 .4 .5 

(c) Foreign Material ................................................................................................................................. .03 .05 .1 

76836 Federal Register / Vol. 69, No. 246 / Thursday, December 23, 2004 / Rules and Regulations 

Dated: December 17, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–28056 Filed 12–22–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Farm Service Agency 

7 CFR Part 784

RIN 0560–AH15

2004 Ewe Lamb Replacement and 

Retention Payment Program

AGENCY: Farm Service Agency, USDA.

ACTION: Final rule.

SUMMARY: This rule sets forth the 

regulations for the 2004 Ewe Lamb 

Replacement and Retention Payment 

Program. This program will assist 

producers of sheep and promote the 

replacement and retention of ewe lamb 

breeding stock by providing payments 

to producers who have recently reduced 

production and flock size due to low 

prices, and other market conditions.

DATES: This rule is effective on 

December 23, 2004.

FOR FURTHER INFORMATION CONTACT:

Danielle Cooke, Price Support Division, 

Farm Service Agency, United States 

Department of Agriculture, STOP 0512, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0512. 

Telephone (202) 720–1919; email: 

Danielle.Cooke@wdc.usda.gov.

SUPPLEMENTARY INFORMATION: 

Discussion of Final Rule 

The ELRRPP provides direct 

payments to sheep producers in order to 

help the U.S. sheep industry achieve 

sustained competitiveness. A reduction 

in sheep producer income has 

experienced reduced production of 

sheep and lambs and flock size. The 

domestic sheep industry has 

experienced reduced market prices, 

production, flock size, and investment 

in improving sheep flocks. In addition, 

persistent drought conditions in major 

U.S. sheep-producing areas have 

reduced available feed and forage 

capacity. The ELRRPP will help 

alleviate some of the financial stress that 

sheep producers are facing with an 

infusion of funds to improve their flocks 

or meet other obligations. 

The Farm Service Agency published a 

proposed rule for ELRRPP regulations 

on September 7, 2004, with a 30-day 

comment period which ended on 

October 7, 2004. The proposed rule 

provided that ELRRPP be based on ewe 

lambs held in the period between 

August 1, 2003, through July 31, 2004, 

and then, on through the end of the 

lamb’s own offspring lambing cycle, end 

at the conclusion of the application 

period and disbursement of allotted 

funds. The program will operate under 

regulations codified in 7 CFR part 784. 

Comments and Changes to Final Rule 

The Agency received 21 public 

comments during the 30-day comment 

period. One comment was received from 

a marketing cooperative, 8 comments 

were received from sheep and lamb 

producer associations, and 12 comments 

were received from individual members 

of sheep and lamb companies or ranch 

operations. All comments received were 

in support of the Ewe Lamb 

Replacement and Retention Payment 

Program and expressed the need for the 

program because of bad drought 

conditions that have severely impacted 

the sheep and lamb industry over the 

past few years. In addition, 19 out of 21 

of the comments received requested the 

Agency implement an expeditious signup and conclusion so that payments can 

be issued to producers before the end of 

the calendar year. No substantive 

changes were made from the regulations 

contained in the proposed rule. 

However, clarifying changes were made 

to conform the new program with that 

previously administered and to promote 

efficiency. An unnecessary and 

inaccurate reference to a finality rule 

has been eliminated. Also, a clarifying 

provision has been added, among 

others, to specify that a purchase 

without possession during the base 

period would not constitute an 

acquisition in the base period. As 

clarified, a qualifying ewe lamb must at 

some point in the base period have been 

under 18 months old and not have, at 

that time, produced an offspring of its 

own. To receive payment, the applicant 

must certify that the lamb meets 

program conditions. The certification 

must show that, as of the time of 

certification, the lamb does not have 

parrot mouth, foot rot, or scrapie. Spot 

checks will be conducted and lambs 

found to have these conditions will be 

ineligible for payment. Other 

requirements apply, including holding 

the lamb for a specified period of time 

tied to the lambing cycle. Funding of the 

program is limited, and claims will 

accordingly be limited. A few comments 

indicated confusion with the 

information collection requirements of 

the program. These comments will be 

addressed in the Agency’s submission of 

the information collection to the Office 

of Management and Budget (OMB) 

under the Paperwork Reduction Act. 

Executive Order 12866

This rule is issued in conformance 

with Executive Order 12866. This rule 

has been determined to be ‘‘Not 

Significant,’’ and was not reviewed by 

OMB. 

Regulatory Flexibility Act

The Regulatory Flexibility Act is not 

applicable to this rule because FSA is 

not required by 5 U.S.C. 533 or any 

other law to publish a notice of 

proposed rulemaking for the subject 

matter of this rule. 

Environmental Review 

It has been determined by an 

environmental assessment (EA) that the 

actions of the Ewe Lamb Replacement 

and Retention Payment Program 

(ELRRPP) will have no significant 

impact on the quality of the human 

environment. Therefore, an 

Environmental Impact Statement is not 

necessary to address the potential 

impacts of this rule. 

Executive Order 12988

This rule has been reviewed in 

accordance with Executive Order 12988. 

This rule preempts State laws that are 

inconsistent with this rule. Before any 

legal action may be brought regarding 

determinations made under 7 CFR part 

784, administrative appeal provisions 

set forth at 7 CFR parts 11 and 780 must 

be exhausted. 

Executive Order 12372

This program is not subject to the 

provisions of Executive Order 12372. 

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

notice related to 7 CFR part 3014, 

subpart V. 

Unfunded Mandates Reform Act 

This rule contains no Federal 

mandates for State, local, and tribal 

governments or the private sector under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA). Thus, this 

rule is not subject to the requirements 

of sections 202 and 205 of the UMRA. 

Paperwork Reduction Act of 1995

The information collection required to 

support ELRRPP has been approved by 

OMB and assigned OMB control number 

0560–0246. 

Executive Order 12612

This rule has no Federalism 

implications warranting a Federalism 

Assessment. This rule will not affect 

States, or their political subdivisions, or 

the distribution of power and