Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Rules and Regulations 30341

Henderson/Madison County line; then

north along the Henderson/Madison

County line to the point of beginning.

Lawrence County. The entire county.

Lewis County. That portion of the

county bounded by a line beginning at

the intersection of the Lewis/Perry

County line and State Highway 48; then

east along State Highway 48 to State

Highway 20; then southeast along State

Highway 20 to the Lewis/Lawrence

County line; then west along the Lewis/

Lawrence County line to the Lewis/

Wayne County line; then north along

the Lewis/Wayne County line to the

Lewis/Perry County line; then north

along the Lewis/Perry County line to the

point of beginning.

Lincoln County. That portion of the

county bounded by a line beginning at

the intersection of the Lincoln/Marshall

County line and State Highway 50; then

east along State Highway 50 to the

Lincoln/Moore County line; then south

along the Lincoln/Moore County line to

the Lincoln/Franklin County line; then

south along the Lincoln/Franklin

County line to the Tennessee/Alabama

State Line; then west along the

Tennessee/Alabama State line to the

Lincoln/Giles County line; then north

along the Lincoln/Giles County line to

the point of beginning.

Madison County. The entire county.

Marion County. The entire county.

Marshall County. That portion of the

county bounded by a line beginning at

the intersection of the Marshall/Giles

County line and State Highway 129;

then east along State Highway 129 to

U.S. Highway Alternate 31; then north

along U.S. Highway Alternate 31 to

State Highway 50; then southeast along

State Highway 50 to the Marshall/

Lincoln County line; then west along

the Marshall/Lincoln County line to the

Marshall/Giles County line; then north

along the Marshall/Giles County line to

the point of beginning.

McMinn County. The entire county.

* * * * *

Meigs County. The entire county.

Monroe County. That portion of the

county bounded by a line beginning at

the intersection of the Monroe/McMinn

County line and State Highway 68

(including the entire city limits of

Tellico Plains); then south along State

Highway 68 to the Monroe/Polk County

line; then west along the Monroe/Polk

County line to the Monroe/McMinn

County line; then north along the

Monroe/McMinn County line to the

point of beginning.

Moore County. That portion of the

county bounded by a line beginning at

the intersection of the Moore/Lincoln

County line and State Highway 50; then

east along State Highway 50 to the

Moore/Franklin County line; then south

along the Moore/Franklin County line to

the Moore/Lincoln County line; then

west and north along the Moore/Lincoln

County line to the point of beginning.

Perry County. That portion of the

county lying south of latitude 35°45′.

* * * * *

Rhea County. The entire county.

Shelby County. The entire county.

* * * * *

3. In part 301, Subpart—Imported Fire

Ant (§§ 301.81–301.81–10), the

appendix is amended as follows:

a. By revising the title of the appendix

and removing footnote 8.

b. Under III. A., by revising the first

paragraph.

c. Under III. C. 4. Exclusion,

Bifenthrin, by revising paragraph (b).

d. Under III. C. 4. Enforcement, by

revising the second, third, and sixth

paragraphs.

Appendix to Subpart ‘‘Imported Fire

Ant’’

III. Regulatory Procedures

A. Instructions to Inspectors. Inspectors

must know and follow instructions in the

PPQ Treatment Manual, the pesticide label,

and exemptions (Section 18 or 24 (c) of

FIFRA) for the treatment or other procedures

used to authorize the movement of regulated

articles. These will serve as a basis for

explaining such procedures to persons

interested in moving articles affected by the

quarantine. Inspectors shall furnish

completed information to anyone interested

in moving regulated articles.

* * * * *

C. Approved Treatments.

* * * * *

4. Imported-Fire-Ant-Free Nursery—

Containerized Plants Only

* * * * *

Exclusion

Bifenthrin

* * * * *

(b) Treated with bifenthrin drench upon

delivery in accordance with this appendix

(III.C.3.b), and within 180 days be either:

* * * * *

Enforcement

* * * * *

If imported fire ants are detected in nursery

stock during an inspection by a Federal or

State inspector, issuance of certificates for

movement shall be suspended until

necessary treatments are applied and the

plants and nursery premises are determined

to be free of the imported fire ant. A Federal

or State inspector may declare a nursery to

be free of the imported fire ant upon

reinspection of the premises. This inspection

must be conducted no sooner than 30 days

after treatment to ensure its effectiveness.

During this period, certification may be based

upon the drench or immersion treatment

provided in paragraph III.C.3. of this

appendix, titled ‘‘Plants—Balled or in

Containers.’’

Upon notification by the department of

agriculture in any State of destination that a

confirmed imported fire ant infestation was

found on a shipment from a nursery

considered free of the imported fire ant, the

department of agriculture in the State of

origin shall cease its certification of

shipments from that nursery. An

investigation by Federal or State inspectors

will commence immediately to determine the

probable source of the problem and to ensure

that the problem is resolved. If the problem

is an infestation, issuance of certification for

movement on the basis of imported-fire-antfree premises will be suspended until

treatment and elimination of the infestation

is completed. Reinstatement into the program

will be granted upon determination that the

nursery premises are free of the imported fire

ant, and that all other provisions of this

subpart are being followed.

* * * * *

This imported-fire-ant-free nursery

program is not mandatory for movement of

regulated articles. Plants, balled or in

containers, may otherwise be certified for

movement using the chlorpyrifos, bifenthrin,

or tefluthrin treatments described in

paragraph III.C.3 of this appendix, titled

‘‘Plants, Balled or in Containers.’’ However,

certification for movement under the

imported-fire-ant-free nursery program will

be granted only if all of the provisions of this

subpart are followed.

* * * * *

Done in Washington, DC, this 4th day of

May 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–11830 Filed 5–10–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 985

[Docket No. FV–00–985–2 FR]

Marketing Order Regulating the

Handling of Spearmint Oil Produced in

the Far West; Revision of

Administrative Rules and Regulations

Governing Issuance of Additional

Allotment Base to New Producers

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule reduces the number

of regions established for issuing

additional allotment base to new

producers from three regions to two

regions and revises the procedure used

for determining the distribution of

30342 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Rules and Regulations

additional allotment base to new

producers. The Spearmint Oil

Administrative Committee (Committee),

the agency responsible for local

administration of the marketing order

for spearmint oil produced in the Far

West, recommended this rule to provide

a more equitable distribution of

allotment base to new producers.

EFFECTIVE DATE: May 12, 2000.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204; telephone: (503) 326–

2724, Fax: (503) 326–7440; or George

Kelhart, Technical Advisor, Marketing

Order Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

D.C. 20090–6456; telephone: (202) 720–

2491, Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing Order

No. 985 (7 CFR Part 985), as amended,

regulating the handling of spearmint oil

produced in the Far West (Washington,

Idaho, Oregon, and designated parts of

Nevada and Utah), hereinafter referred

to as the ‘‘order.’’ This 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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. 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 the Secretary 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. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary 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 the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

The spearmint oil order is a volume

control program that authorizes the

regulation of spearmint oil produced in

the Far West through annual allotment

percentages and salable quantities for

Class 1 (Scotch) and Class 3 (Native)

spearmint oils. The salable quantity

limits the quantity of each class of

spearmint oil that may be marketed

from each season’s crop. Each producer

is allotted a share of the salable quantity

by applying the allotment percentage to

that producer’s allotment base for the

applicable class of spearmint oil.

Handlers may not purchase spearmint

oil in excess of a producer’s annual

allotment, or from producers who have

not been issued an allotment base under

the order.

Section 985.53(d)(1) requires the

Committee to annually make additional

allotment base available in an amount

not greater than 1 percent of the total

allotment base for each class of

spearmint oil. The order specifies that

50 percent of the additional allotment

base be made available for new

producers and 50 percent be made

available for existing producers. A new

producer is any person who has never

been issued allotment base for a class of

oil, and an existing producer is any

person who has been issued allotment

base for a class of oil. Provision is made

in the order for new producers to apply

to the Committee for the annually

available additional allotment base,

which in turn is issued to applicants in

each oil class by lottery. The additional

allotment base being made available to

existing producers is distributed equally

among all existing producers who

apply.

Section 985.53(d)(3) of the order

provides authority for the establishment

of rules governing the annual

distribution of additional allotment

base. Accordingly, on October 6, 1999,

the Committee unanimously

recommended revising § 985.153 of the

order’s rules and regulations to provide

a more equitable distribution of

allotment base to new producers.

Section 985.153 provides regulations for

the issuance of additional allotment

base to new and existing producers.

This final rule: (1) Reduces the number

of regions established for issuing

additional allotment base to new

producers from three regions to two

regions; and (2) revises the procedure

used for determining the distribution of

additional allotment base to new

producers to take into account the

reduced number of regions.

Currently, § 985.153(c) establishes the

regions for issuing additional allotment

base as follows:

(A) Region 1—The State of Oregon

and those portions of Utah and Nevada

included in the production area.

(B) Region 2—The State of Idaho.

(C) Region 3—The State of

Washington.

Under the current provisions, the

names of all eligible new producers

were placed in separate lots per class of

oil and region. Names are then drawn

based on the amount of additional

allotment base available and the

Committee’s determination of the

minimum economic enterprise required

to produce each class of oil. These

procedures result in three new Scotch

spearmint oil producers (one from each

region) receiving approximately 3,100

pounds of allotment base each, and

three new Native spearmint oil

producers (one from each region)

receiving approximately 3,400 pounds

of allotment base each.

This rule replaces the three regions

with the following two regions:

(A) Region A—The State of

Washington.

(B) Region B—All areas of the

production area outside the State of

Washington.

Additionally, this rule modifies the

method used to draw names by

specifying that the names of all eligible

new producers are placed in separate

lots based on two regions rather than

three regions. For each class of oil,

separate drawings will be held from a

list of all applicants from Region A,

from a list of all applicants from Region

B, and from a list of all remaining

applicants from Regions A and B

combined. If, in any marketing year,

there are no requests in a class of oil

from eligible new producers in a region,

such unused allotment base will be

issued to two eligible new producers

whose names are selected by drawing

from a lot containing the names of all

remaining eligible new producers from

the other region for that class of oil.

Thus, depending upon the amount of

additional base available and the

minimum economic enterprise needed

for oil production, three new producers

of each class of oil will receive equal

portions of the additional base made

available each year.

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Rules and Regulations 30343

The Committee made this

recommendation after its analysis of

statistics relating to current spearmint

oil production and the number of

requests received each year for

additional allotment base from the

various States included in the

production area. The following tables

show the number of actual applications

for additional Scotch and Native

spearmint oil base over the most recent

ten-year period:

APPLICATIONS FOR ADDITIONAL SCOTCH SPEARMINT OIL BASE

WA ID OR UT NV

1991 ......................................................................................................... 99 42 17 3 0

1992 ......................................................................................................... 90 47 16 3 0

1993 ......................................................................................................... 40 21 4 1 0

1994 ......................................................................................................... 27 22 5 1 0

1995 ......................................................................................................... 42 21 3 0 0

1996 ......................................................................................................... 31 19 3 0 0

1997 ......................................................................................................... 35 16 2 0 0

1998 ......................................................................................................... 32 26 1 0 0

1999 ......................................................................................................... 25 22 0 1 0

2000 ......................................................................................................... 21 9 0 0 0

APPLICATIONS FOR ADDITIONAL NATIVE SPEARMINT OIL BASE

WA ID OR UT NV

1991 ......................................................................................................... 112 27 16 5 0

1992 ......................................................................................................... 100 49 19 5 0

1993 ......................................................................................................... 47 28 5 2 0

1994 ......................................................................................................... 44 24 8 3 0

1995 ......................................................................................................... 56 21 8 2 0

1996 ......................................................................................................... 44 19 3 0 0

1997 ......................................................................................................... 43 19 2 1 0

1998 ......................................................................................................... 39 23 2 0 0

1999 ......................................................................................................... 31 23 0 0 1

2000 ......................................................................................................... 26 15 2 0 0

As shown in the above tables, there

has consistently been few applications

received from new producers in the

States of Oregon, Utah, and Nevada,

while the number of applications from

new producers in Washington, followed

to a lesser extent by the number of

applications from new producers in

Idaho, has consistently been much

higher. Committee records also show

that the number of producers, as well as

the amount of allotment base held by

those producers, is greatest in

Washington followed in decreasing

order by Idaho, Oregon, Utah, and

Nevada. Therefore, reducing the number

of regions from 3 to 2, and changing the

procedures used in distributing the base

will result in a more equitable

distribution of allotment base to new

producers. The changes will also make

the additional allotment base available

to new producers from the States which

have historically requested the most

base.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

Accordingly, the AMS has prepared this

final 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 rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are 7 spearmint oil handlers

subject to regulation under the order,

and approximately 119 producers of

Class 1 (Scotch) spearmint oil and

approximately 105 producers of Class 3

(Native) spearmint oil in the regulated

production area. Small agricultural

service firms are defined by the Small

Business Administration (SBA) (13 CFR

121.201) as those having annual receipts

of less than $5,000,000, and small

agricultural producers have been

defined as those whose annual receipts

are less than $500,000.

Based on the SBA’s definition of

small entities, the Committee estimates

that 2 of the 7 handlers regulated by the

order could be considered small

entities. Most of the handlers are large

corporations involved in the

international trading of essential oils

and the products of essential oils. In

addition, the Committee estimates that

25 of the 119 Scotch spearmint oil

producers and 7 of the 105 Native

spearmint oil producers could be

classified as small entities under the

SBA definition. Thus, a majority of

handlers and producers of Far West

spearmint oil may not be classified as

small entities.

The Far West spearmint oil industry

is characterized by producers whose

farming operations generally involve

more than one commodity, and whose

income from farming operations is not

exclusively dependent on the

production of spearmint oil. Crop

rotation is an essential cultural practice

in the production of spearmint oil for

weed, insect, and disease control. A

normal spearmint oil producing

operation would have enough acreage

for rotation such that the total acreage

required to produce the crop would be

about one-third spearmint and twothirds rotational crops. An average

spearmint oil producing farm would

thus have to have considerably more

acreage than would be planted to

spearmint during any given season. To

remain economically viable with the

added costs associated with spearmint

oil production, most spearmint oil

producing farms would fall into the

SBA category of large businesses.

Small spearmint oil producers

generally are not extensively diversified

30344 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Rules and Regulations

and as such are more at risk to market

fluctuations. Such small producers

generally need to market their entire

annual crop and do not have the luxury

of having other crops to cushion seasons

with poor spearmint oil returns.

Conversely, large diversified producers

have the potential to endure one or

more seasons of poor spearmint oil

markets because incomes from alternate

crops could support the operation for a

period of time. Being reasonably assured

of a stable price and market provides

small producing entities with the ability

to maintain proper cash flow and to

meet annual expenses. Thus, the market

and price stability provided by the order

potentially benefit the small producer

more than such provisions benefit large

producers. Even though a majority of

handlers and producers of spearmint oil

may not be classified as small entities,

the volume control feature of this order

has small entity orientation. The order

has contributed to the stabilization of

producer prices.

Section 985.53 of the order provides

that each year the Committee make

available additional allotment base for

each class of oil in the amount of no

more than 1 percent of the total

allotment base for that class of oil. This

affords an orderly method for new

spearmint oil producers to enter into

business and existing producers the

ability to expand their operations as the

spearmint oil market and individual

conditions warrant. One-half of the 1

percent increase is issued annually by

lot to eligible new producers for each

class of oil. To be eligible, a producer

must never have been issued allotment

base for the class of spearmint oil such

producer is making application for, and

have the ability to produce such

spearmint oil. The ability to produce

spearmint oil is generally demonstrated

when a producer has experience at

farming, and owns or rents the

equipment and land necessary to

successfully produce spearmint oil.

This rule: (1) Reduces the number of

regions established for issuing

additional allotment base to new

producers from three regions to two

regions; and (2) revises the procedure

used for determining the distribution of

additional allotment base to new

producers to take into account the

reduced number of regions. The

Committee recommended this rule to

provide for a more equitable

distribution of allotment base to new

producers.

During its deliberations, the

Committee considered alternatives to

their recommendation. The first option

discussed would have left § 985.153(c)

unchanged. This was rejected because of

the need to develop a more equitable

method of issuing additional base given

the light application record from some

of the States within the production area.

The Committee also discussed

eliminating the use of different regions

in its additional allotment base issuance

procedure and having one drawing for

the calculated number of recipients per

class of oil for the entire production

area. This option was also rejected

because it would not ensure geographic

distribution of the additional base.

The Committee made its

recommendation after careful

consideration of available information,

including the aforementioned

alternative recommendations, the

minimum economic enterprise required

for spearmint oil production, historical

statistics relating to the locations of the

producers applying for the annual

additional allotment base, and other

factors such as number of producers by

State and the amount of allotment base

held by such producers. Based on its

review, the Committee believes that the

action recommended is the best option

available to ensure that the objectives

sought will be achieved.

The information collection

requirements contained in the section of

the order’s rules and regulations being

amended by this rule have been

previously approved by the Office of

Management and Budget (OMB) under

the provisions of 44 U.S.C. chapter 35

and have been assigned OMB No. 0581–

0065. This action will not impose any

additional reporting or record keeping

requirements on either small or large

spearmint oil producers and handlers.

All reports and forms associated with

this program are reviewed periodically

to avoid unnecessary and duplicative

information collection by industry and

public sector agencies. The Department

has not identified any relevant Federal

rules that duplicate, overlap, or conflict

with this rule.

A proposed rule was published in the

Federal Register on February 17, 2000

(65 FR 8069). A 60-day comment period

was provided to allow interested

persons the opportunity to respond to

the proposal, including any regulatory

and informational impacts of this action

on small businesses. A copy of the

proposed rule was faxed and mailed to

the Committee office, which in turn

notified Committee members and

spearmint oil producers and handlers of

the proposed action. In addition, the

Committee’s meeting was widely

publicized throughout the spearmint oil

industry and all interested persons were

invited to attend and participate on all

issues. A copy of the proposal was also

made available on the Internet by the

U.S. Government Printing Office. No

comments were received. Accordingly,

no changes are made to the rule as

proposed.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

http://www.ams.usda.gov/fv/

moab.html. 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

matter 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.

List of Subjects in 7 CFR Part 985

Marketing agreements, Oils and fats,

Reporting and recordkeeping

requirements, Spearmint oil.

For the reasons set forth in the

preamble, 7 CFR Part 985 is amended as

follows:

PART 985—MARKETING ORDER

REGULATING THE HANDLING OF

SPEARMINT OIL PRODUCED IN THE

FAR WEST

1. The authority citation for 7 CFR

Part 985 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 985.153, paragraph (c) is

revised to read as follows:

§ 985.153 Issuance of additional allotment

base to new and existing producers.

* * * * *

(c) Issuance—(1) New producers. (i)

Regions: For the purpose of issuing

additional allotment base to new

producers, the production area is

divided into the following regions:

(A) Region A. The State of

Washington.

(B) Region B. All areas of the

production area outside the State of

Washington.

(ii) Each year, the Committee shall

determine the size of the minimum

economic enterprise required to

produce each class of oil. The

Committee shall thereafter calculate the

number of new producers who will

receive allotment base under this

section for each class of oil. The

Committee shall include that

information in its announcements to

new producers in each region informing

them when to submit requests for

allotment base. The Committee shall

Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Rules and Regulations 30345

determine whether the new producers

requesting additional base have ability

to produce spearmint oil. The names of

all eligible new producers from each

region shall be placed in separate lots

per class of oil. For each class of oil,

separate drawings shall be held from a

list of all applicants from Region A,

from a list of all applicants from Region

B, and from a list of all remaining

applicants from Regions A and B

combined. If, in any marketing year,

there are no requests in a class of oil

from eligible new producers in a region,

such unused allotment base shall be

issued to two eligible new producers

whose names are selected by drawing

from a lot containing the names of all

remaining eligible new producers from

the other region for that class of oil. The

Committee shall immediately notify

each new producer whose name was

drawn and issue that producer an

allotment base in the appropriate

amount.

* * * * *

Dated: May 5, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–11836 Filed 5–10–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1436

RIN 0560–AG00

Farm Storage Facility Loan Program

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Interim rule.

SUMMARY: This rule implements the

Commodity Credit Corporation’s (CCC’s)

Farm Storage Facility Loan program

utilizing authority in the CCC Charter

Act. The program will provide financing

for producers to build or upgrade farm

storage and handling facilities.

DATES: This rule is effective May 11,

2000. Comments concerning this rule

should be received on or before June 12,

2000 to be assured consideration.

Comments on the information

collections in this rule must be received

by July 10, 2000 to be assured

consideration.

ADDRESSES: Comments must be

submitted to Grady Bilberry, Director,

Price Support Division, Farm Service

Agency, 1400 Independence Avenue,

S.W., STOP 0512, Washington, DC

20250–0512.

FOR FURTHER INFORMATION CONTACT:

Chris Kyer, (202) 720–7935 or e-mail

chris_kyer@wdc.fsa.usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This rule is issued in conformance

with Executive Order 12866 and has

been determined to be economically

significant and has been reviewed by

the Office of Management and Budget.

Regulatory Flexibility Act

It has been determined that the

Regulatory Flexibility Act is not

applicable to this rule because the Farm

Service Agency 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 Evaluation

It has been determined by an

Environmental Evaluation that this

program, as a whole, will have no

significant impact on the quality of the

human environment. Therefore, neither

an Environmental Assessment nor an

Environmental Impact Statement for the

program is needed. However, because it

is possible that individual projects may

have limited impacts on the local

environment, environmental

evaluations for each project will be

conducted to determine the need for

environmental assessment and/or

mitigation.

Executive Order 12988

This rule has been reviewed in

accordance with Executive Order 12988.

The provisions of this rule preempt

State laws to the extent such laws are

inconsistent with the provisions of this

rule. Before any legal action may be

brought regarding determinations of this

rule, the administrative appeal

provisions set forth at 7 CFR part 780

must be exhausted.

Executive Order 12372

This program is not subject to the

provisions of Executive Order 12372,

which require intergovernmental

consultation with State and local

officials. See the notice related to 7 CFR

part 3014, subpart V, published at 48 FR

29115 (June 24, 1983).

The Unfunded Mandates Reform Act of

1995

This rule contains no Federal

mandates under the regulatory

provisions of Title II of the Unfunded

Mandates Reform Act of 1995 (UMRA)

for State, local, and tribal governments

or the private sector. Thus, this rule is

not subject to the requirements of

sections 202 and 205 of the UMRA.

Paperwork Reduction Act of 1995

A Notice with request for comments

on the information collection is part of

this proposed rule. An emergency

information collection package has been

sent to OMB for review.

In accordance with the Paperwork

Reduction Act of 1995, this notice

announces the Commodity Credit

Corporation’s (CCC) request for approval

of a new information collection in

support of the Farm Storage Facility

Loan Program.

Title: 7 CFR 1436, Farm Storage

Facility Loan Program Regulations.

OMB Control Number: 0506–NEW.

Type of Request: Approval of an

information collection.

Abstract: This information is needed

to administer the CCC’s Farm Storage

Facility Loan Program. The information

will be gathered from producers needing

additional on-farm grain storage and

handling capacity to determine whether

they are eligible for loans.

Estimate of Burden: Public reporting

burden for this collection of information

is estimated to average 22 minutes per

producer.

Respondents: Eligible producers:

200.000.

Estimated Number of Respondents:

50,000.

Estimated Number of Responses per

Respondent: 2.

Estimated Total Annual Burden on

Respondents: 47,250 hours.

Proposed topics for comments are: (a)

Whether the collection of information is

necessary for the proper performance of

the functions of the agency, including

whether the information will have

practical utility; (b) the accuracy of the

agency’s estimate of burden including

the validity of the methodology and

assumptions used; (c) ways to enhance

the quality, utility, and clarity of the

information to be collected; or (d) ways

to minimize the burden of the collection

of information on those who are to

respond, including the use of

appropriate automated, electronic,

mechanical or other technological

collection techniques or other forms of

information technology.

Comments should be sent to the Desk

Officer for Agriculture, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 and to Chris

Kyer, USDA—Farm Service Agency—

Price Support Division, 1400

Independence Avenue, SW., STOP

0512, Washington, DC 20250–0512;

Telephone (202) 720–7935 or e-mail

chris_kyer@wdc,fsa.usda.gov. Copies