This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

46665 

Vol. 74, No. 175 

Friday, September 11, 2009 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 248 

[FNS–2007–0008] 

RIN 0584–AD74 

WIC Farmers’ Market Nutrition 

Program (FMNP): Nondiscretionary 

Provisions of Public Law 108–265, the 

Child Nutrition and WIC 

Reauthorization Act of 2004 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This is an affirmation by the 

Department of an interim rule as a final 

rule, without change amending the WIC 

Farmers’ Market Nutrition Program 

(FMNP) regulations to codify three 

FMNP nondiscretionary provisions 

mandated in the Child Nutrition and 

WIC Reauthorization Act of 2004. The 

three nondiscretionary provisions 

include the option to authorize roadside 

stands, a reduction in the required 

amount of State matching funds, and an 

increase in the maximum Federal 

benefit level. These changes are 

intended to increase State agency 

flexibility in managing the Program. The 

first two provisions became effective on 

October 1, 2004, while the increased 

maximum Federal FMNP benefit level 

was effective as of June 30, 2004. 

DATES: Effective on October 13, 2009 the 

Department is adopting as a final rule 

the interim rule published at 73 FR 

65246 on November 3, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Debra R. Whitford, Director, 

Supplemental Food Programs Division, 

Food and Nutrition Service, USDA, 

3101 Park Center Drive, Room 528, 

Alexandria, VA 22302, (703) 305–2746, 

or Debbie.Whitford@fns.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The WIC Farmers’ Market Nutrition 

Program: Nondiscretionary Provisions of 

Public Law 108–265, the Child 

Nutrition and WIC Reauthorization Act 

of 2004, was published on November 3, 

2008, as an interim rule in the Federal 

Register (73 FR 65246). The rule 

provided a 60 day comment period that 

ended on January 2, 2009. No comment 

letters were submitted during the 

comment period. This interim rule 

amended the FMNP regulations to 

codify the three FMNP nondiscretionary 

provisions exactly as set forth in the 

Child Nutrition and WIC 

Reauthorization Act of 2004. The three 

nondiscretionary provisions include the 

option to authorize roadside stands, a 

reduction in the required amount of 

State matching funds, and an increase in 

the maximum Federal benefit level. 

These changes are intended to increase 

State agency flexibility in managing the 

Program. 

Because the nondiscretionary 

provisions have been implemented as 

set forth in the law, they are retained as 

written in this final rule. 

For reasons given in the interim rule, 

the Department is adopting the interim 

rule as a final rule without change. 

This action also affirms information 

contained in the interim rule concerning 

Executive Order 12866, the Regulatory 

Flexibility Act, Executive Order 12988, 

and the Paperwork Reduction Act. 

Further, for this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

List of Subjects in 7 CFR Part 248 

Food assistance programs, Food 

donations, Grant programs—Social 

programs, Indians, Infants and children, 

Maternal and child health, 

Nondiscrimination, Nutrition education, 

Public assistance programs, WIC, 

Women. 

PART 248—WIC FARMERS’ MARKET 

NUTRITION PROGRAM (FMNP) 

■ Accordingly, the Department is 

adopting as a final rule, without change, 

the interim rule that amended 7 CFR 

part 248 and was published at 73 FR 

65246 on November 3, 2008. 

Dated: August 25, 2009. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

[FR Doc. E9–21468 Filed 9–10–09; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 760 

RIN 0560–AH94 

Livestock Forage Disaster Program 

and Emergency Assistance for 

Livestock, Honeybees, and FarmRaised Fish; Supplemental Agricultural 

Disaster Assistance 

AGENCY: Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements specific 

requirements for the Emergency 

Assistance for Livestock, Honeybees, 

and Farm-Raised Fish Program (ELAP) 

and the Livestock Forage Disaster 

Program (LFP) authorized by the Food, 

Conservation, and Energy Act of 2008 

(2008 Farm Bill). LFP provides 

payments to eligible livestock producers 

that have suffered livestock grazing 

losses due to qualifying drought or fire. 

For drought, the losses must have 

occurred on land that is native or 

improved pastureland with permanent 

vegetative cover or is planted to a crop 

planted specifically for grazing for 

covered livestock due to a qualifying 

drought during the normal grazing 

period for the county. For fire, LFP 

provides payments to eligible livestock 

producers that have suffered grazing 

losses on rangeland managed by a 

Federal agency if the eligible livestock 

producer is prohibited by the Federal 

agency from grazing the normal 

permitted livestock on the managed 

rangeland due to a qualifying fire. ELAP 

provides emergency assistance to 

eligible producers of livestock, 

honeybees, and farm-raised fish that 

have losses due to disease, adverse 

weather, or other conditions, including 

losses due to blizzards and wildfires, as 

determined by the Secretary. ELAP 

assistance is for losses not covered 

under other Supplemental Agricultural 

Disaster Assistance Payment programs 

established by the 2008 Farm Bill, 

specifically LFP, Livestock Indemnity 

Program (LIP), and Supplemental 


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