37496 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

nectarines and peaches of 45,543,561 

containers, the value of the 2008 

packout is estimated to be $193,560,134. 

Dividing this total estimated grower 

revenue figure by the estimated number 

of producers (550) yields an estimated 

average revenue per producer of about 

$351,928 from the sales of peaches and 

nectarines. 

Under authority provided in §§ 916.52 

and 917.41 of the orders, grade, size, 

maturity, pack, and container marking 

requirements are established for fresh 

shipments of California nectarines and 

peaches, respectively. Such 

requirements are in effect on a 

continuing basis. 

Sections 916.356 and 917.459 of the 

orders’ rules and regulations establish 

minimum sizes for various varieties of 

nectarines and peaches. This rule 

continues in effect the action that 

adjusted the minimum fruit sizes 

authorized for certain varieties of each 

commodity for the 2009 season. 

Minimum size regulations are put in 

place to encourage producers to leave 

fruit on the trees for a longer period of 

time, increasing both maturity and fruit 

size. Increased fruit size increases the 

number of packed containers per acre 

and, coupled with heightened maturity 

levels, also provides greater consumer 

satisfaction, which in turn fosters repeat 

purchases that benefit producers and 

handlers alike. 

Annual adjustments to minimum 

sizes of nectarines and peaches, such as 

these, are recommended by the 

committees based upon historical data, 

producer and handler information 

regarding sizes attained by different 

varieties, and trends in consumer 

purchases. 

An alternative to such action would 

include not establishing minimum size 

regulations for these new varieties. Such 

an action, however, would be a 

significant departure from the 

committees’ past practices and represent 

a significant change in the regulations as 

they currently exist. For these reasons, 

this alternative was not recommended. 

The committees make 

recommendations regarding the 

revisions in handling requirements after 

considering all available information, 

including comments received by 

committee staff. At the meetings, the 

impact of and alternatives to these 

recommendations are deliberated. The 

committees consist of individual 

producers and handlers with many 

years of experience in the industry who 

are familiar with industry practices and 

trends. All committee meetings are open 

to the public and comments are widely 

solicited. In addition, minutes of all 

meetings are distributed to committee 

members and others who have 

requested them, and are also available 

on the committees’ Web site, thereby 

increasing the availability of this critical 

information within the industry. 

Regarding the impact of this action on 

the affected entities, both large and 

small entities are expected to benefit 

from the changes, and the costs of 

compliance are not expected to be 

significantly different between large and 

small entities. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

nectarine and peach handlers. As with 

all Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

In addition, as noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this rule. 

Further, the committees’ meetings 

were widely publicized throughout the 

nectarine and peach industry and all 

interested parties were invited to attend 

the meetings and participate in 

committee deliberations. Like all 

committee meetings, the November 25, 

2008, meetings were public meetings 

and all entities, both large and small, 

were able to express their views on this 

issue. Also, the committees have a 

number of appointed subcommittees to 

review certain issues and make 

recommendations to the committees. 

The committees’ Tree Fruit Quality 

Subcommittee met on October 29, 2008, 

and discussed this issue in detail. That 

meeting was also a public meeting and 

both large and small entities were able 

to participate and express their views. 

Comments on the interim final rule 

were required to be received on or 

before April 21, 2009. One comment, 

supporting the interim final rule, was 

received. Therefore, for the reasons 

given in the interim final rule, we are 

adopting the interim final rule as a final 

rule, without change. 

To view the interim final rule and the 

comment received, go to http:// 

www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=AMS-FV08-0108. 

This action also affirms information 

contained in the interim final rule 

concerning Executive Orders 12866 and 

12988, the Paperwork Reduction Act (44 

U.S.C. Chapter 35), and the E-Gov Act 

(44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (74 FR 7778, February 20, 

2009) will tend to effectuate the 

declared policy of the Act. 

List of Subjects 

7 CFR Part 916 

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917 

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements. 

PARTS 916 AND 917—[AMENDED] 

■ Accordingly, the interim final rule 

that amended 7 CFR parts 916 and 917 

and that was published at 74 FR 7778 

on February 20, 2009, is adopted as final 

rule, without change. 

Dated: July 24, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–18099 Filed 7–28–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Doc. No. AMS–FV–09–0038; FV09–922–1 

IFR] 

Apricots Grown in Designated 

Counties in Washington; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

Washington Apricot Marketing 

Committee (Committee) for the 2009– 

2010 and subsequent fiscal periods from 

$2.00 to $1.00 per ton of apricots 

handled. The Committee locally 

administers the marketing order, which 

regulates the handling of apricots grown 

in designated counties in Washington. 

Assessments upon apricot handlers are 

used by the Committee to fund 

reasonable and necessary expenses of 

the program. The fiscal period begins 

April 1 and ends March 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective July 30, 2009. 

Comments received by September 28, 


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2009, will be considered prior to 

issuance of a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. Comments should 

reference the docket number and the 

date and page number of this issue of 

the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Curry or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW. Third Avenue, 

Suite 385, Portland, OR 97204; 

telephone: (503) 326–2724, Fax: (503) 

326–7440; or e-mail: 

Robert.Curry@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence Ave., 

SW., STOP 0237, Washington, DC 

20250–0237; telephone: (202) 720–2491; 

Fax: (202) 720–8938; or e-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 922 (7 CFR 922), 

regulating the handling of apricots 

grown in designated counties in 

Washington, hereinafter referred to as 

the ‘‘order.’’ The order is effective under 

the Agricultural Marketing Agreement 

Act of 1937, as amended (7 U.S.C. 601– 

674), hereinafter referred to as the 

‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Washington apricot handlers 

are subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable apricots 

beginning April 1, 2009, and continue 

until amended, suspended, or 

terminated. This rule will not preempt 

any State or local laws, regulations, or 

policies, unless they present an 

irreconcilable conflict with this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule decreases the assessment 

rate established for the Committee for 

the 2009–2010 and subsequent fiscal 

periods from $2.00 to $1.00 per ton of 

apricots handled. 

The order provides authority for the 

Committee, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the Committee are 

producers and handlers in designated 

counties in Washington. They are 

familiar with the Committee’s needs and 

with the costs for goods and services in 

their local area and are thus in a 

position to formulate an appropriate 

budget and assessment rate. The 

assessment rate was formulated and 

discussed at a public meeting, thus all 

directly affected persons had an 

opportunity to participate and provide 

input. 

For the 2008–2009 and subsequent 

fiscal periods, the Committee 

recommended, and USDA approved, an 

assessment rate of $2.00 per ton of fresh 

apricots handled. This assessment rate 

continues in effect from fiscal period to 

fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on May 21, 2009, 

and unanimously recommended 2009– 

2010 expenditures of $7,843 and a 

decreased assessment rate of $1.00 per 

ton. In comparison, last year’s budgeted 

expenditures were $7,093. The 

recommended assessment rate is $1.00 

less than the $2.00 rate in effect since 

the 2008–2009 fiscal period. The 

Committee recommended the 

assessment rate decrease to help offset 

the increase in income that would have 

accompanied the much larger apricot 

crop projected for this summer. This 

assessment rate reduction will also have 

the effect of maintaining the 

Committee’s monetary reserve at a level 

commensurate with program objectives 

and requirements. 

The major expenditures 

recommended by the Committee for the 

2009–2010 fiscal period are $4,800 for 

the management fee and $3,043 for 

operational expenses, which include 

travel expenses, financial audit, 

compliance, insurance and bonds, 

equipment maintenance and 

miscellaneous expenses. In comparison, 

budgeted expenses for the 2008–2009 

seasons were $4,800 and $2,293, 

respectively. 

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses by expected 

shipments of Washington apricots. 

Applying the $1.00 per ton assessment 

rate to the Committee’s 7,600 ton crop 

estimate should provide $7,600 in 

assessment income. The assessment 

income, in addition to approximately 

$243 from the Committee’s reserve 

would be adequate to cover the 

recommended $7,843 budget for the 

2009–2010 fiscal period. Funds in the 

reserve ($8,609 as of March 31, 2009), 

would be kept within the maximum 

permitted by the order of approximately 

one fiscal period’s operational expenses 

(§ 922.42.) 

The assessment rate established with 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although the assessment rate is 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA would evaluate the Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 


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37498 Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2009–2010 budget and 

those for subsequent fiscal periods will 

be reviewed and, as appropriate, 

approved by USDA. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

rule on small entities. Accordingly, 

AMS has prepared this initial regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 300 

producers of fresh apricots in the 

regulated production area and 

approximately 22 handlers subject to 

regulation under the order. Small 

agricultural producers are defined by 

the Small Business Administration (13 

CFR 121.201) as those having annual 

receipts of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $7,000,000. 

Based on information compiled by 

National Agricultural Statistics Service, 

the value of Washington’s total apricot 

production in 2008 was $6,601,000. 

Since the Committee reports that there 

are 300 producers, the average annual 

farm-gate revenue from the sale of 

apricots last year was approximately 

$22,000 per producer. In addition, based 

on Committee records and 2008 f.o.b. 

prices ranging from $20.00 to $26.00 per 

24-pound loose-pack carton as reported 

by AMS Market News Service, the 

average annual revenue per handler in 

2008 was $357,197. In view of the 

foregoing, the majority of Washington 

apricot producers and handlers may be 

classified as small entities. 

This rule decreases the assessment 

rate established for the Committee and 

collected from handlers for the 2009– 

2010 and subsequent fiscal periods from 

$2.00 to $1.00 per ton. The Committee 

unanimously recommended 2009–2010 

expenditures of $7,843 and the 

decreased assessment rate at the May 

21, 2009, meeting. The recommended 

assessment rate is $1.00 less than the 

rate in effect since the 2008–2009 fiscal 

period. With an estimated 2009–2010 

apricot crop of 7,600 tons, assessment 

income combined with funds from the 

Committee’s monetary reserve should be 

adequate to cover budgeted expenses. 

The Committee recommended 

decreasing the assessment rate by 50 

percent due to the near doubling of the 

crop estimate this year compared to the 

crop actually harvested last year. With 

current crop and expense estimates, the 

Committee estimates that its reserve 

fund at the end of the 2009–2010 fiscal 

period will be about $8,300. This is 

approximately one fiscal period’s 

operational expenses as authorized by 

the order (§ 922.42). 

The major expenditures 

recommended by the Committee for the 

2009–2010 fiscal period include $4,800 

for the management fee and $3,043 for 

operational expenses. In comparison, 

budgeted expenses for the 2008–2009 

seasons were $4,800 and $2,293, 

respectively. 

The Committee discussed alternatives 

to this rule. With the potential for a 

much larger crop this season, 

assessment rates over $1.00 per ton were 

not seriously considered because of the 

potential of generating too much income 

and thus increasing the reserve fund to 

an amount higher than program 

requirements allow. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the producer price for the 2009–2010 

season could average about $1,000 per 

ton. Therefore, the estimated assessment 

revenue for the 2009–2010 fiscal period 

as a percentage of total producer 

revenue could approximate 0.1 percent. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. In addition, 

the Committee’s meeting was widely 

publicized throughout the Washington 

apricot industry and all interested 

persons were invited to attend and 

participate in the Committee’s 

deliberations on all issues. Like all 

Committee meetings, the May 21, 2009, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. Finally, 

interested persons are invited to submit 

information on the regulatory and 

informational impacts of this action on 

small businesses. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Washington 

apricot handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. Furthermore, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

AMS 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. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

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, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2009–2010 fiscal 

period began on April 1, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable Washington apricots 

handled during such fiscal period; (2) 

this action decreases the assessment rate 

for assessable apricots beginning with 

the 2009–2010 fiscal period; (3) 

handlers are aware of this action which 

was unanimously recommended by the 

Committee at a public meeting; and (4) 

this interim final rule provides a 60-day 

comment period, and all comments 

timely received will be considered prior 

to finalization of this ruled. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 922 is amended as 

follows: 


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Federal Register / Vol. 74, No. 144 / Wednesday, July 29, 2009 / Rules and Regulations 37499 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 922 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 922.235 is revised to read 

as follows: 

§ 922.235 Assessment rate. 

On or after April 1, 2009, an 

assessment rate of $1.00 per ton is 

established for the Washington Apricot 

Marketing Committee. 

Dated: July 24, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–18108 Filed 7–28–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1470 

RIN 0578–AA43 

Conservation Stewardship Program 

AGENCY: Commodity Credit Corporation, 

Natural Resources Conservation Service, 

United States Department of 

Agriculture. 

ACTION: Interim final rule with request 

for comment. 

SUMMARY: Section 2301 of the Food, 

Conservation, and Energy Act of 2008 

(the 2008 Act) amended the Food 

Security Act of 1985 to establish the 

Conservation Stewardship Program. The 

purpose of the Conservation 

Stewardship Program is to encourage 

producers to address resource concerns 

in a comprehensive manner by 

undertaking additional conservation 

activities, and improving, maintaining 

and managing existing conservation 

activities. This interim final rule, with 

request for comment, sets forth the 

policies, procedures, and requirements 

necessary to implement the 

Conservation Stewardship Program as 

authorized by the 2008 Act 

amendments. 

DATES: Effective Date: This interim final 

rule is effective July 29, 2009. 

Comment Date: Submit comments on 

or before September 28, 2009. 

ADDRESSES: You may send comments 

(identified by Docket Number NRCS– 

IFR–09004) using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://regulations.gov and 

follow the instructions for sending 

comments electronically; 

• E-mail directly to NRCS: 

CSP2008@wdc.usda.gov; 

• Mail: Gregory Johnson, Director, 

Financial Assistance Programs Division, 

U.S. Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 

5237–S, Washington, DC 20250–2890; 

• Fax: (202) 720–4265; 

• Hand Delivery Room: USDA South 

Building, 1400 Independence Avenue, 

SW., Room 5237–S, Washington, DC 

20250, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays. Please ask the guard at the 

entrance to the South Building to call 

(202) 720–4527 in order to be escorted 

into the building; 

• This interim final rule may be 

accessed via the Internet. Users can 

access the NRCS homepage at http:// 

www.nrcs.usda.gov; select the Farm Bill 

link from the menu; select the Interim 

final link from beneath the Final and 

Interim Final Rules Index title. Persons 

with disabilities who require alternative 

means for communication (Braille, large 

print, audio tape, etc.) should contact 

the USDA TARGET Center at: (202) 

720–2600 (voice and TDD). 

FOR FURTHER INFORMATION CONTACT: 

Gregory Johnson, Director, Financial 

Assistance Programs Division, U.S. 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 

5237–S, Washington, DC 20250; Phone: 

(202) 720–1845; Fax: (202) 720–4265; or 

e-mail CSP2008@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Regulatory Certifications 

Executive Order 12866 

Pursuant to Executive Order 12866 

(FR Doc. 93–24523, September 30, 

1993), this interim final rule with 

request for comment is an economically 

significant regulatory action since it 

results in an annual effect on the 

economy of $100 million or more. The 

administrative record is available for 

public inspection in Room 5831 of the 

South Building, USDA, 1400 

Independence Avenue, SW., 

Washington, DC. Pursuant to Executive 

Order 12866, NRCS conducted an 

economic analysis of the potential 

impacts associated with this program. A 

summary of the economic analysis can 

be found at the end of this preamble and 

a copy of the analysis is available upon 

request from Gregory Johnson, Director, 

Financial Assistance Programs Division, 

Natural Resources Conservation Service, 

Room 5237–S, Washington, DC 20250– 

2890 or electronically at: http:// 

www.nrcs.usda.gov/programs/csp/ 

under the CSP Rules and Notices with 

Supporting Documents title. 

Regulatory Flexibility Act 

NRCS has determined that the 

Regulatory Flexibility Act is not 

applicable to this interim final rule 

because NRCS is not required by 5 

U.S.C. 553, or any other provision of 

law, to publish a notice of proposed 

rulemaking with respect to the subject 

matter of this rule. 

Environmental Analysis 

Availability of the Environmental 

Assessment (EA) and Finding of No 

Significant Impact (FONSI). A 

programmatic environmental 

assessment has been prepared in 

association with this rulemaking. The 

analysis has determined that there will 

not be a significant impact to the human 

environment and as a result an 

Environmental Impact Statement is not 

required to be prepared (40 CFR part 

1508.13). The EA and FONSI are 

available for review and comment for 30 

days from the date of publication of this 

interim final rule in the Federal 

Register. A copy of the EA and FONSI 

may be obtained from the following 

Web site: http://www.nrcs.usda.gov/ 

programs/Env_Assess/. A hard copy 

may also be requested from the 

following address and contact: Matt 

Harrington, National Environmental 

Coordinator, Ecological Sciences 

Division, NRCS, 1400 Independence 

Ave., SW., Washington, DC 20250. 

Comments from the public should be 

specific and reference that comments 

provided are on the EA and FONSI. 

Public comment may be submitted by 

any of the following means: (1) E-mail 

comments to NEPA2008@wdc.usda.gov; 

(2) e-mail to e-gov Web site at http:// 

www.regulations.gov; or (3) written 

comments to: Matt Harrington, National 

Environmental Coordinator, Ecological 

Sciences Division, NRCS, 1400 

Independence Ave., SW., Washington, 

DC 20250. 

Civil Rights Impact Analysis 

NRCS has determined through a Civil 

Rights Impact Analysis that the interim 

final rule discloses no 

disproportionately adverse impacts for 

minorities, women, or persons with 

disabilities. The data presented 

indicates producers who are members of 

the protected groups have participated 

in NRCS conservation programs at 

parity with other producers. 

Extrapolating from historical 

participation data, it is reasonable to 

conclude that NRCS programs, 

including CSP, will continue to be 


sroberts on DSKD5P82C1PROD with RULES