40250 Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations 

■ 4. Amend § 2.68 by adding paragraph 

(a)(12) to read as follows: 

§ 2.68 Administrator, National Agricultural 

Statistics Service. 

(a) * * * 

(12) Enter into agreements with and 

receive funds from any State, other 

political subdivision, organization, or 

individual for the purpose of 

conducting cooperative research 

projects, including agricultural 

statistical survey activities (7 U.S.C. 

450a). 

* * * * * 

PART 520—PROCEDURES FOR 

IMPLEMENTING NATIONAL 

ENVIRONMENTAL POLICY ACT 

■ 5. The authority citation for part 520 

continues to read as follows: 

Authority: National Environmental Policy 

Act (NEPA) as amended, 42 U.S.C. 4321 et 

seq.; E.O. 11514, 34 FR 4247, as amended by 

E.O. 11991, 42 FR 26927; E.O. 12144, 44 FR 

11957; 5 U.S.C. 301; 40 CFR 1500–1508. 

■ 6. Amend § 520.4 by revising 

paragraph (a) to read as follows: 

§ 520.4 Responsibilities. 

(a) Administrator. The Administrator 

is responsible for environmental 

analysis and documentation required for 

compliance with the provisions of 

NEPA and related laws, policies, plans, 

programs, and projects. The ARS 

Deputy Administrator for Natural 

Resources has been delegated 

responsibility for the establishment of 

procedures and coordination necessary 

to carry out the policies and provisions 

of NEPA. 

* * * * * 

Dated: June 29, 2012. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. 2012–16610 Filed 7–6–12; 8:45 am] 

BILLING CODE 3410–09–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 930 

[Doc. No. AMS–FV–11–0092; FV12–930–1 

FR] 

Tart Cherries Grown in the States of 

Michigan, et al.; Increasing the Primary 

Reserve Capacity and Revising 

Exemption Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the primary 

inventory reserve capacity and the 

exemption provisions applicable to 

handler diversion activities prescribed 

under the marketing order for tart 

cherries (order). The order regulates the 

handling of tart cherries grown in the 

States of Michigan, New York, 

Pennsylvania, Oregon, Utah, 

Washington, and Wisconsin, and is 

administered locally by the Cherry 

Industry Administrative Board (Board). 

This action increases the volume of tart 

cherries that can be placed in the 

primary inventory reserve from 50 

million pounds to 100 million pounds 

and revises exemption provisions by 

limiting diversion credits for new 

market development and market 

expansion activities to one year. These 

changes are intended to facilitate sales 

and lessen the impact of market 

expansion activities on volume 

restriction calculations. 

DATES: Effective Date: July 10, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Regional 

Director, Southeast Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or Email: 

Jennie.Varela@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing Order 

No. 930, as amended (7 CFR part 930), 

regulating the handling of tart cherries 

grown in the States of Michigan, New 

York, Pennsylvania, Oregon, Utah, 

Washington, and Wisconsin, 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 final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. 

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. A 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 revises the primary 

inventory reserve capacity and the 

exemption provisions applicable to 

handler diversion activities prescribed 

under the order. This action increases 

the volume of tart cherries that can be 

placed in the primary inventory reserve 

from 50 million pounds to 100 million 

pounds and revises exemption 

provisions by limiting diversion credits 

for new market development and market 

expansion activities to one year. These 

changes are intended to facilitate sales 

and lessen the impact of new market 

development and market expansion 

activities on volume restriction 

calculations. These changes were 

recommended by the Board at its 

meetings on September 15, 2011, and 

November 2, 2011, respectively. 

Section 930.55 of the order provides 

authority for the establishment of a 

primary inventory reserve as part of the 

order’s volume control provisions. 

Section 930.50(i) of the order establishes 

a cap of 50 million pounds on the 

primary inventory reserve, but provides 

authority to raise that limit if necessary, 

provided that any recommendation for 

change is made by the Board on or 

before September 30 to become effective 

for the following crop year. 

Section 930.59 of the order authorizes 

handler diversion. When volume 

regulation is in effect, handlers may 

fulfill any restricted percentage 

requirement in full or in part by 

acquiring diversion certificates or by 

voluntarily diverting cherries or cherry 

products in a program approved by the 

Board, rather than placing cherries in an 

inventory reserve. These eligible 

diversion activities include, in part, use 

for new market development and market 

expansion activities. 

Section 930.159 of the order’s 

administrative rules specifies methods 

of handler diversion, including using 

cherries or cherry products for exempt 

purposes prescribed under § 930.162. 


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Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations 40251 

Section 930.162 establishes the terms 

and conditions of exemption that must 

be satisfied for handlers to receive 

diversion certificates for exempt uses. 

Section 930.162(b) defines the activities 

which qualify for exemptions including 

new market development and market 

expansion. New market development 

and market expansion activities include, 

but are not limited to, sales of cherries 

into markets that are not yet 

commercially established, product line 

extensions, or segmentation of markets 

along geographic or other definable 

characteristics. 

In July 2011, the Board established an 

ad hoc committee (committee) to 

examine the volume regulation process 

under the order and recommend 

changes that might benefit the industry. 

The committee made a series of 

recommendations, mostly 

administrative in nature, which were 

discussed by the entire Board at its 

September and November meetings. The 

recommended administrative changes 

were approved by the Board and the 

changes to the primary reserve and 

diversion credits for market expansion 

activities, are the subject of this action. 

The order provides for the use of 

volume regulation to stabilize prices 

and improve grower returns during 

periods of oversupply. At the beginning 

of each season, the Board examines 

production and sales data to determine 

whether a volume regulation is 

necessary and if so, announces free and 

restricted percentages to limit the 

volume of tart cherries on the market. 

Free percentage cherries can be used to 

supply any available market, including 

domestic markets for pie filling, water 

packed, and frozen tart cherries. 

Restricted percentage cherries can be 

placed in reserve, marketed through 

exempt activities, including market 

expansion, or diverted in orchard or at 

the processing plant. 

When using reserves to meet their 

restricted percentage, handlers have two 

inventory reserve pools available, a 

primary reserve currently limited to 50 

million pounds and an unlimited 

secondary reserve. Reserves allow the 

industry to mitigate the impact of 

oversupply in large crop years, while 

allowing the industry to supply markets 

in years when production falls below 

demand. Volume in the secondary 

reserve cannot be released unless the 

primary reserve is empty. Most reserve 

inventory flows in and out of the 

primary reserve, and it is rarely at zero, 

making it difficult to release volume 

from the secondary reserve. 

Accessing reserves, particularly at the 

beginning of a crop year when the new 

crop has yet to be harvested, has become 

more important in recent seasons. When 

the order was promulgated, tart cherries 

were primarily processed as ingredients 

or into pie filling and a 50 million 

pound primary reserve met the needs of 

the industry. However, dried cherries, 

juice, and juice concentrate are growing 

segments of the industry, and some 

handlers are also manufacturing 

finished products for retail. The 

additional processing steps for these 

new products, as well as the growing 

variety of retail products have changed 

reserve needs. At any given time, 

handlers now hold more volume in 

reserve. 

Additionally, in years when a crop is 

short or demand exceeds expectations, 

the Board can vote to issue a reserve 

release. During the 2010–2011 season, 

the Board found it necessary to issue 

two such releases. The Board believes 

increasing the capacity of the primary 

reserve to 100 million pounds will 

facilitate the release of reserve cherries 

when they are needed. Moving 

additional reserve volume into the 

primary pool, which is easier to access, 

allows the industry to be more 

responsive to changes in demand and 

supply, and allows handlers more 

flexibility in how they utilize the 

reserve. The intent of this action is not 

to increase the volume of cherries in 

reserve, but to shift a greater volume 

into the primary reserve where it is 

more accessible to meet handler needs. 

This change should not impact volume 

restriction calculations. 

Accordingly, at its meeting on 

September 15, 2011, the Board 

recommended increasing the capacity of 

the primary inventory reserve from 50 

million pounds to 100 million pounds. 

Fifteen Board members voted for this 

change and two abstained. 

In addition to discussing the primary 

reserve, the Board also considered 

changes to diversion credits. These 

credits are a handler’s alternative to 

placing fruit in reserve in order to 

comply with their restricted percentage 

under volume restriction. The order 

provides that fruit used for certain 

exempt purposes, including new market 

development and market expansion, is 

eligible to receive diversion credits. 

Market expansion is defined as an 

activity that expands the sale of either 

tart cherries or the products in which 

tart cherries are an ingredient. The 

Board currently limits the duration of 

any diversion credit for new market 

development and market expansion to 

three years. 

The Board believes that new market 

development and market expansion 

activities have been successful in 

increasing sales. Some Board members 

expressed that these activities have been 

very helpful in developing the dried 

cherry and juice segments. Earlier 

regulations limited the volume that 

could receive diversion credit to 10 

million pounds. However, the Board 

believed the limitation could be 

discouraging expansion and in 2006 

recommended removing the diversion 

credit volume limitations. Since that 

time, the use of new market 

development and market expansion 

activities to meet restricted percentages 

has grown. The current three-year 

average for diversion credit for market 

expansion activities is approximately 35 

million pounds a year. 

In its discussions of this issue, the 

Board sought to find a solution that 

would continue to encourage new 

market development and market 

expansion projects, but reduce the 

impact these credits have on volume 

restriction calculations. While market 

expansion activities designated for 

diversion credit represent about 15 

percent of gross sales, these sales are not 

included in the average sales figure used 

to determine optimum supply for 

volume regulation. The Board estimates 

that limiting credits to one year will 

lower the annual average credit for 

market expansion to 16 million pounds, 

or 19 million pounds below the current 

average. 

With this action, it is anticipated that 

the difference in volume between the 

three-year credit and one-year credit for 

market expansion will shift to free sales 

helping to reduce the calculated 

restricted percentage. Using current 

numbers, assuming that the difference 

of 19 million pounds will be counted as 

free sales, this change will reduce the 

calculated surplus. Reducing the 

calculated surplus will, in turn, help 

lower restricted percentages. The Board 

believes this change will help make the 

calculations under volume regulation 

more reflective of industry conditions. 

Accordingly, at its November 2, 2011, 

meeting, the Board voted unanimously 

to revise exemption provisions 

applicable to handler diversion 

activities by limiting diversion credits 

for market expansion activities to one 

year, with the time limit beginning with 

the date of the first shipment. The Board 

also noted that projects approved prior 

to this action will be allowed to finish 

their three-year cycle. 

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 

action on small entities. Accordingly, 


tkelley on DSK3SPTVN1PROD with RULES
40252 Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations 

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. 

There are approximately 40 handlers 

of tart cherries who are subject to 

regulation under the marketing order 

and approximately 600 producers of tart 

cherries in the regulated area. Small 

agricultural service firms have been 

defined by the Small Business 

Administration (SBA) as those having 

annual receipts of less than $7,000,000, 

and small agricultural producers are 

defined as those having annual receipts 

of less than $750,000 (13 CFR 121.201). 

According to the National 

Agricultural Statistics Service, and 

Board data, the average annual grower 

price for tart cherries during the 2010– 

11 season was $0.221 per pound, and 

total shipments were around 270 

million pounds. Therefore, average 

receipts for tart cherry producers were 

around $99,000, well below the SBA 

threshold for small producers. In 2010, 

The Food Institute estimated an f.o.b. 

price of $0.84 per pound for frozen tart 

cherries, which make up the majority of 

processed tart cherries. Using this data, 

average annual handler receipts were 

about $5.7 million, also below the SBA 

threshold for small agricultural service 

firms. Assuming a normal distribution, 

the majority of producers and handlers 

of tart cherries may be classified as 

small entities. 

This rule increases the volume of tart 

cherries that can be placed in the 

primary inventory reserve from 50 

million pounds to 100 million pounds 

and revises the exemption provisions 

pertaining to handler diversion 

activities by limiting diversion credits 

for new market development and market 

expansion activities to one year. These 

changes are intended to facilitate sales 

and lessen the impact of such activities 

on volume restriction calculations. This 

rule adds § 930.150 to the rules and 

regulations to establish the increased 

limit for the primary inventory reserve, 

and revises § 930.162 of the regulations 

regarding exemptions as they pertain to 

handler diversion activities. The 

authority for these actions is provided 

in §§ 930.50 and 930.59 of the order. 

The Board recommended these actions 

at meetings on September 15, 2011, and 

November 2, 2011. 

The Board believes these changes 

better align regulations with industry 

needs and practices, facilitate the 

release of restricted fruit, and help avoid 

over-restriction. It is not anticipated that 

this action will impose additional costs 

on handlers or growers, regardless of 

size. Handlers of all sizes could realize 

a cost savings by not having to store 

product relegated to the secondary 

reserve, which is difficult to access. 

Further, increasing the maximum 

volume that can be held in the primary 

reserve will allow handlers to be more 

responsive to industry needs by making 

reserves easier to access in periods of 

short supply or increased demand, 

which could facilitate sales. Changes in 

processing and cherry products have 

created a situation in which handlers 

may have more volume on hand at any 

given time, furthering the need to access 

reserves. Expanding the volume 

available in the primary reserve will 

assist handlers in managing their stocks 

and should help maintain a steady 

inventory of finished products to supply 

retailers and consumers. 

Additionally, the Board believes 

limiting diversion credits for market 

expansion to one year will move more 

sales into the free sales category for 

purposes of computing volume 

regulations. This should reduce the 

calculated surplus, and in turn lower 

restrictions. Lower restrictions allow 

handlers to have a greater portion of 

their volume available for free sales. 

This could facilitate additional sales 

which could improve returns for 

growers and handlers. 

This rule is expected to benefit 

producers, handlers, and consumers. 

The effects of this rule are not expected 

to be disproportionately greater or less 

for small handlers or producers than for 

larger entities. 

The Committee discussed alternatives 

to these changes, including not 

increasing the primary reserve capacity, 

as well as eliminating diversion credits 

for market expansion rather than 

limiting them to one year. Regarding the 

change to primary reserve capacity, the 

Board agreed that changes in the 

industry necessitated this change and 

that it was in the industry’s best interest 

to have this change in place by the next 

season. In discussing the change to 

diversion credits for market expansion, 

the Board considered phasing out 

diversion credits for market expansion 

altogether. However, some Board 

members believed that offering 

diversion credit for these activities had 

been beneficial to the industry and thus 

should not be eliminated entirely. The 

Board believes limiting credits to a 

maximum of one year would continue 

to encourage handlers to enter new 

markets, but lessen the impact on 

volume restriction calculations. 

Therefore, these alternatives were 

rejected. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0177, (Tart 

Cherries Grown in the States of 

Michigan, New York, Pennsylvania, 

Oregon, Utah, Washington, and 

Wisconsin). No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

Accordingly, this action will not 

impose any additional reporting or 

recordkeeping requirements on either 

small or large tart cherry 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. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this final 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. 

In addition, the Board formed a 

committee to review the order’s volume 

regulation procedures and suggest 

changes to the Board. This committee 

held meetings where these issues were 

discussed in detail. These meetings 

were public meetings and both large and 

small entities were able to participate 

and express their views. The Board’s 

meetings were widely publicized 

throughout the tart cherry industry and 

all interested persons were invited to 

attend and participate in Board 

deliberations on all issues. Like all 

Board meetings, the September 15, 

2011, and November 2, 2011, meetings 

were public meetings and all entities, 

both large and small, were able to 

express views on these issues. 

A proposed rule concerning this 

action was published in the Federal 

Register on April 25, 2012 (77 FR 

24640). Copies of the rule were emailed 

to all Board members and tart cherry 

handlers. Finally, the rule was made 

available through the Internet by USDA 

and the Office of the Federal Register. A 


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Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Rules and Regulations 40253 

15-day comment period ending May 10, 

2012, was provided to allow interested 

persons to respond to the proposal. No 

comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

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

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May 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 Board 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. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because handlers are already 

beginning to make plans for the 

upcoming season. Further, handlers are 

aware of these changes, which were 

recommended at public meetings. Also, 

a 15-day comment period was provided 

for in the proposed rule. 

List of Subjects in 7 CFR Part 930 

Marketing agreements, Reporting and 

recordkeeping requirements, Tart 

cherries. 

For the reasons set forth in the 

preamble, 7 CFR part 930 is amended as 

follows: 

PART 930—TART CHERRIES GROWN 

IN THE STATES OF MICHIGAN, NEW 

YORK, PENNSYLVANIA, OREGON, 

UTAH, WASHINGTON, AND 

WISCONSIN 

■ 1. The authority citation for 7 CFR 

part 930 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. A new § 930.150 is added to read 

as follows: 

§ 930.150 Primary inventory reserve. 

Beginning July 1, 2012, the primary 

inventory reserve may not exceed 100 

million pounds. 

■ 3. Section 930.162 is amended by 

adding a sentence at the end of section 

(b)(2) to read as follows: 

§ 930.162 Exemptions. 

* * * * * 

(b) * * * 

(2) * * * In addition, shipments of 

tart cherries or tart cherry products in 

new market development and market 

expansion outlets are eligible for 

handler diversion credit for a period of 

one year from the handler’s first date of 

shipment into such outlets. 

* * * * * 

Dated: July 3, 2012. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–16699 Filed 7–6–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

7 CFR Part 3560 

RIN 0575–AC66 

Reserve Account 

AGENCY: Rural Housing Service, USDA. 

ACTION: Final rule. 

SUMMARY: Through this action, the Rural 

Housing Service (RHS) is amending its 

regulation to change the Reserve 

Account for new construction for the 

Sections 514/516 Farm Labor Housing 

(FLH) program and the Section 515 

Rural Rental Housing (RRH) program. 

This action will not affect reserve 

accounts for existing portfolios. 

DATES: Effective Date: This rule is 

effective September 7, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Michael Steininger, Acting Director, 

Multi-Family Housing Preservation and 

Direct Loan Division, Rural Housing 

Service, U.S. Department of Agriculture, 

STOP 0781, 1400 Independence Avenue 

SW., Washington, DC 20250–0781. 

Telephone: 202–720–1610 (this is not a 

toll-free number); email: michael.

steininger@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Classification 

This final rule has been determined to 

be not significant and was reviewed by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Civil Justice Reform 

This final rule has been reviewed 

under E.O. 12988, Civil Justice Reform. 

If this final rule is adopted: (1) Unless 

otherwise specifically provided, all 

State and local laws that are in conflict 

with this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule except as specifically prescribed in 

the rule; and (3) administrative 

proceedings of the National Appeals 

Division of the Department of 

Agriculture (7 CFR part 11) must be 

exhausted before bringing suit. 

Regulatory Flexibility Act 

The final rule has been reviewed with 

regard to the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). The undersigned has 

determined and certified by signature 

on this document that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This rulemaking action does not involve 

a new or expanded program nor does it 

require any more action on the part of 

a small business than required of a large 

entity. 

Paperwork Reduction Act 

There are no new reporting and 

recordkeeping requirements associated 

with this rule. 

E-Government Act Compliance 

RHS is committed to complying with 

the E-Government Act, by promoting the 

use of the Internet and other 

information technologies in order to 

provide increased opportunities for 

citizen access to Government 

information, services, and other 

purposes. 

Unfunded Mandate Reform Act 

(UMRA) 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

state, local and tribal governments or 

the private sector. Therefore, this rule is 

not subject to the requirements of 

Sections 202 and 205 of the UMRA. 

Environmental Impact Statement 

This document has been reviewed in 

accordance with 7 CFR part 1940, 

subpart G, ‘‘Environmental Program.’’ 

RHS determined that the proposed 

action does not constitute a major 

Federal action significantly affecting the 

quality of the environment. Therefore in 

accordance with the National 

Environmental Policy Act of 1969, 

Public Law 91–190, an Environmental 

Impact Statement is not required. 

Programs Affected 

The programs affected by this 

regulation are listed in the Catalog of 

Federal Domestic Assistance under 

numbers 10.405—Farm Labor Housing 

Loans and Grants; 10.415—Rural Rental 

Housing Loans; and 10.427—Rural 

Rental Assistance Payments. 

Federalism 

For the reasons discussed above, this 

rule does not have significant 

Federalism implications that warrant 

the preparation of a Federalism 

assessment under Executive Order 

13132. 


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