This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

7387 

Vol. 78, No. 22 

Friday, February 1, 2013 

DEPARTMENT OF AGRICULTURE 

Advisory Committee on Biotechnology 

and 21st Century Agriculture; Renewal 

AGENCY: Agricultural Research Service, 

USDA. 

ACTION: Advisory Committee on 

Biotechnology and 21st Century 

Agriculture Renewal. 

SUMMARY: Notice is hereby given that 

the Secretary of Agriculture has 

renewed the Advisory Committee on 

Biotechnology and 21st Century 

Agriculture (AC21). The Secretary of 

Agriculture has determined that the 

Committee is necessary and in the 

public interest. 

FOR FURTHER INFORMATION CONTACT: 

Questions should be addressed to 

Michael Schechtman, Designated 

Federal Official, telephone (202) 720– 

3817; fax (202) 690–4265; email 

AC21@ars.usda.gov. 

SUPPLEMENTARY INFORMATION: USDA 

believes it is important to maintain an 

intensive and regular dialogue to 

explore and understand the broad array 

of issues related to the expanding 

dimensions and importance of 

agricultural biotechnology. The AC21 

has been established to provide 

information and advice to the Secretary 

of Agriculture on issues related to 

agricultural biotechnology. The purpose 

of this Committee is to advise the 

Secretary of Agriculture on the broad 

array of issues related to the expanding 

dimensions and importance of 

agricultural biotechnology. 

Dated: January 23, 2013. 

Catherine Woteki, 

Under Secretary for Research, Education, and 

Economics. 

[FR Doc. 2013–02175 Filed 1–31–13; 8:45 am] 

BILLING CODE 3410–03–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Docket No. AMS–DA–08–0031; DA–08–05] 

Continuation of 2008 Farm Bill—Dairy 

Forward Pricing Program 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice. 

SUMMARY: The American Taxpayer 

Relief Act of 2012 (ATRA) extended the 

authorization of the Dairy Forward 

Pricing Program contained in the Food, 

Conservation and Energy Act of 2008 

(the 2008 Farm Bill), through September 

30, 2013. This document provides 

notice that producers and cooperative 

associations of producers may enter into 

forward price contracts under the Dairy 

Forward Pricing Program through 

September 30, 2013, as provided for in 

the Final Rule published October 31, 

2008 (73 FR 64868). The 2008 Farm Bill 

initially prohibited new forward 

contracts from being entered into after 

September 30, 2012, and no forward 

contracts entered into under the 

program extending beyond September 

30, 2015. However, passage of the ATRA 

that was signed into law on January 2, 

2013, revised the program to allow new 

contracts to be entered into until 

September 30, 2013. Any forward 

contract entered into up and until the 

September 30, 2013, deadline is still 

subject to the September 30, 2015, cutoff 

date to meet the terms of the contract. 

DATES: Effective Date: February 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Roger Cryan, Director, Economics 

Division, USDA/AMS/Dairy Programs, 

Stop 0229–Room 2753–S, 1400 

Independence Avenue SW., 

Washington, DC 20250–0231, (202) 720– 

7091, email address: 

roger.cryan@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: The Dairy 

Forward Pricing Program (73 FR 64868) 

allows producers and cooperative 

associations of producers to voluntarily 

enter into forward price contracts with 

handlers for milk used for Class II, III, 

or IV purposes under the Agricultural 

Marketing Agreement Act of 1937 

(AMAA), (7 U.S.C. 601 et seq). The 

program also allows handlers regulated 

under the Federal milk marketing order 

program to pay producers and 

cooperative associations in accordance 

with the terms of a forward contract and 

not have to pay the minimum Federal 

order blend price for producer milk. 

This program was initially established 

in accordance with the 2008 Farm Bill 

(H.R. 6124, Pub. L. 110–246). The 

American Taxpayer Relief Act of 2012 

(ATRA), (H.R. 8, Pub. L. 112–240), 

extended the authorization of the Dairy 

Forward Pricing Program contained in 

the Food, Conservation and Energy Act 

of 2008 (the 2008 Farm Bill) (H.R. 6124, 

Pub. L. 110–246) through September 30, 

2013. 

The program authorizes that under 

the AMAA, milk handlers pay 

producers or cooperative associations of 

producers a negotiated price, rather than 

the Federal order minimum blend price 

for producer milk if subject to 

conditions and terms of a forward 

contract, provided the volume of such 

milk does not exceed the handler’s Class 

II, III, and IV utilization for the month 

on the order that regulates the milk. The 

program applies to producer milk 

regulated under Federal milk marketing 

orders that is not classified as Class I 

milk or milk otherwise intended for 

fluid use and that is in the current of 

interstate or foreign commerce or 

directly burdens, obstructs, or affects 

interstate or foreign commerce of 

Federally regulated milk. The Federal 

milk marketing order program consists 

of 10 Federal milk marketing orders (7 

CFR parts 1001–1131). 

Dated: January 29, 2013. 

Rex A. Barnes, 

Acting Administrator. 

[FR Doc. 2013–02170 Filed 1–31–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

Continuation of Farm Service Agency 

2008 Farm Bill Programs 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Notice. 

SUMMARY: The American Taxpayer 

Relief Act of 2012 (ATRA) extended the 

authorization of the Food, Conservation, 

and Energy Act of 2008 (the 2008 Farm 

Bill) through the 2013 crop year, fiscal 

year (FY), or calendar year, as 

applicable, for certain Commodity 

Credit Corporation (CCC) commodity 


srobinson on DSK4SPTVN1PROD with NOTICES
7388 Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Notices 

and conservation programs 

administered by the Farm Service 

Agency (FSA). This notice provides 

information about which programs have 

been extended for an additional year, 

which programs producers will need to 

enroll in through applications and 

contracts, and the dates for the 

submission of the required applications. 

The extended programs will be 

administered through their current 

terms and procedures for the applicable 

period of extension, except as provided 

in this notice. 

DATES: Effective Date: February 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Craig Trimm; telephone: (202) 720– 

3175. Persons with disabilities who 

require alternative means for 

communication (Braille, large print, 

audiotape, etc.) should contact the 

USDA Target Center at (202) 720–2600 

(voice and TDD). 

SUPPLEMENTARY INFORMATION: ATRA 

(Pub. L. 112–240, January 2, 2013) 

authorized the continuation of certain 

CCC and FSA payment limitation and 

income eligibility requirements, 

commodity programs, and conservation 

programs previously authorized or 

amended in the 2008 Farm Bill (Pub. L. 

110–246). Certain other authorities were 

not extended. Program authorizations 

and mandatory funding authorizations 

that were not extended are noted below. 

Extended programs (including 

mandatory funding) include the Direct 

and Counter-Cyclical Payment Program 

(DCP), Average Crop Revenue Election 

Program (ACRE), Milk Income Loss 

Contract Program (MILC), Dairy Product 

Price Support Program (DPPSP), Dairy 

Indemnity Payment Program (DIPP), 

Marketing Assistance Loans (MAL), 

Loan Deficiency Payments (LDP), 

Conservation Reserve Program (CRP), 

Upland Cotton and Extra Long Staple 

Cotton Programs, and Sugar Program. 

Generally, these programs will 

continue to operate in 2013 as they did 

in 2012, with some minor modifications 

noted briefly below. ATRA authorized 

most CCC programs for the 2013 crop 

year, but MILC was authorized for FY 

2013, and DPPSP was authorized for 

calendar year 2013. 

FSA is updating software, forms, and 

handbooks for the 2013 continuation of 

the programs. FSA is updating program 

Fact Sheets and will conduct extensive 

outreach to ensure that producers are 

aware of sign-up periods and 

application requirements. Details for 

each program are being announced in 

news releases to facilitate planning for 

the 2013 growing season. 

DCP and ACRE 

The 2013 DCP provisions are 

unchanged from 2012. DCP provides 

two types of payments to eligible 

producers on enrolled farms: direct 

payments and counter-cyclical 

payments. Both are calculated using 

historical base acres and payment yields 

established for the farm. To participate 

in and receive DCP payments, eligible 

producers must enroll through the 

annual sign-up. Signup for the 2013 

crop year will begin on February 19, 

2013, and will end on August 2, 2013. 

Direct payments will be issued to 

eligible producers in October 2013. As 

the 2008 Farm Bill did not authorize 

advance direct payments for the 2012 

crop year, such payments are also not 

authorized for the 2013 crop year. 

Counter-cyclical payments for the 2013 

crop will be issued to eligible producers 

beginning in October 2014, if effective 

prices are less than target prices. As 

with previous years, if effective prices 

are greater than specified target prices 

during the 2013 marketing year, there 

will be no counter-cyclical payments. 

The 2013 ACRE provisions are mostly 

unchanged from 2012. ACRE is an 

alternative program to DCP that 

provides payments only if both the State 

and Farm triggers are met. The State 

ACRE Guarantee must exceed the 

Actual State Revenue and the Farm 

ACRE Guarantee must exceed the 

Actual Farm Revenue. Producers who 

elect to enroll a farm in ACRE must 

agree to: 

(1) Forgo counter-cyclical payments, 

(2) A 20-percent reduction in their 

direct payments, and 

(3) A 30-percent reduction in the 

MAL rates for all commodities produced 

on the farm that are eligible for ACRE 

payments. 

ACRE payments are tied to current 

plantings on the farm, in contrast to 

countercyclical payments, which are 

tied to the farm’s base acres. As 

specified in the 2008 Farm Bill and in 

the current regulations for ACRE, a 

producer who elected to participate in 

ACRE could not participate in DCP from 

the year in which he elected to 

participate in ACRE through 2012. 

Because the provision imposing 

irrevocability of such election expired 

on September 30, 2012, all eligible 

producers may choose to enroll in either 

DCP or ACRE for the 2013 crop year. 

This means that producers who were 

enrolled in ACRE in 2012 may elect to 

enroll in DCP in 2013 or may re-enroll 

in ACRE in 2013 (and vice versa), 

subject to eligibility requirements. To 

participate and receive ACRE payments, 

eligible producers must sign up to enroll 

in ACRE for the 2013 crop year. ACRE 

signup will begin on February 19, 2013 

(at the same time that DCP signup 

begins), and will end on June 3, 2013. 

MILC 

MILC was extended by ATRA through 

September 30, 2013, with minor 

modifications. MILC compensates 

enrolled dairy producers when the 

Boston Class I milk price falls below 

$16.94 per hundredweight (cwt), as 

adjusted by the dairy feed ration 

adjustment specified in both the 2008 

Farm Bill and in the current regulations 

for MILC, 7 CFR Part 1430, ‘‘Dairy 

Products.’’ All producers’ MILC 

contracts are automatically extended to 

September 30, 2013. Producers therefore 

do not need to re-enroll in MILC. The 

production start month previously 

selected by an operation is applicable 

for FY 2013, unless a producer requests 

a change as discussed below. 

September 2012 was the last eligible 

month for MILC payments under the 

2008 Farm Bill. ATRA increased the 

MILC payment formula for September 

2012, resulting in a payment rate of 

about $0.59 per hundredweight for that 

month. Prior to ATRA, the applicable 

rate as of September 1, 2012 would have 

been zero under the formula in the 2008 

Farm Bill. ATRA reduces the payment 

rate beginning September 1, 2013. The 

September 2012 payment will 

automatically be disbursed in the near 

future to eligible producers who have 

not exceeded their maximum eligible 

production quantity of 2.985 million 

pounds for FY 2012. Producers 

currently enrolled in MILC are also 

eligible for about a $0.02 per 

hundredweight payment for October 

2012, if that month is selected as their 

production start month for FY 2013. The 

payment rate determined for November 

2012 is zero. Payments for subsequent 

months will be determined as data 

become available. 

Dairy operations may select a start 

month for FY 2013 other than October 

2012 (the start of FY 2013). Producers 

will be able to select any month in FY 

2013 to begin receiving payments. 

During the period (referred to as the 

‘‘relief period’’) beginning February 1, 

2013, through the close of business on 

February 28, 2013, producers with 

existing MILC contracts may make 

production start month selection 

changes for FY 2013 by completing and 

submitting form CCC–580M to FSA. For 

producers with new dairy operations 

that began operation before February 1, 

2013, FSA will accept applications 

(form CCC–580) beginning February 1, 

2013, and ending September 30, 2013. 

For eligibility information and other 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Notices 7389 

requirements, producers should contact 

their local FSA office. During the relief 

period, the producer may select any 

month in FY 2013 (beginning October 

2012) as the production start month; 

start month selection provisions 

specified in 7 CFR 1430.205, ‘‘Selection 

of Starting Month’’ do not apply. After 

the relief period, beginning March 1, 

2013, all production start month 

changes for new and existing MILC 

participants must be made according to 

normal start month selection provisions 

as specified in 7 CFR 1430.205. 

DPPSP 

DPPSP is extended through December 

31, 2013. DPPSP supports the price of 

cheddar cheese, butter, and nonfat dry 

milk by providing a standing offer from 

CCC to purchase those products at 

specific support prices. The support 

prices specified in the 2008 Farm Bill 

are the prices for 2013. 

DIPP 

DIPP is extended through September 

30, 2013. Through DIPP, FSA issues 

payments to dairy producers for losses 

incurred because they were required to 

remove their milk production from 

commercial markets due to the presence 

of certain chemical or toxic residue. 

MAL and LDP 

The MAL program and LDP program 

were extended by ATRA for the 2013 

crop year. The terms and conditions of 

such programs’ provisions are 

unchanged from 2012. MALs for loan 

commodities allow producers to receive 

9-month non-recourse loans from CCC. 

MALs provide an influx of cash when 

market prices are typically at harvesttime lows, allowing producers to delay 

the sale of the commodity until more 

favorable market conditions emerge. In 

lieu of securing a MAL, producers may 

elect to receive an LDP. 

CRP 

ATRA maintains the CRP enrollment 

cap at the 32 million acre level for FY 

2013, unchanged from the 2008 Farm 

Bill. Current CRP enrollment is 27 

million acres. In addition to periodic 

general signups, producers may enroll 

environmentally sensitive land through 

CRP’s continuous signups. Continuous 

signup includes land enrolled through 

the Conservation Reserve Enhancement 

Program (CREP), which are state and 

federal partnerships that provide 

payments for installing specific 

conservation practices at specific 

locations. The dates producers may 

begin entering into new CRP contracts 

will be announced through the normal 

process of news releases. 

Sugar Program 

The Sugar Program, including the 

related Feedstock Flexibility Program, is 

extended for the 2013 crop year with no 

changes. The Sugar Program will 

continue to operate as specified in the 

2008 Farm Bill and in the current 

regulations. 

Upland Cotton and ELS Cotton 

The Upland Cotton and ELS Cotton 

Programs are extended through the 2013 

crop year, with no changes. The 2008 

Farm Bill specified that the special 

import quota for upland cotton and the 

Competitiveness Program for ELS 

Cotton were for a period through July 

31, 2013; these programs are extended 

through the 2013 crop year, which ends 

on July 31, 2014. The Upland Cotton 

and ELS Cotton Programs will continue 

to operate as specified in the 2008 Farm 

Bill and in the current regulations. 

Other Payment Eligibility Requirements 

Extended 

ATRA extended the provisions of the 

2008 Farm Bill that concern income 

eligibility and payment limitation. 

The adjusted gross income (AGI) 

requirements for 2013 are unchanged 

from 2012 requirements. The average 

AGI provisions apply to most of the 

programs administered by FSA and 

NRCS. Before producers can receive 

payments for 2013 programs with AGI 

provisions, they must file the proper 

forms to certify that their incomes are 

below specified levels. The Internal 

Revenue Service also requires written 

consent from the individual or legal 

entity for it to verify the individual or 

legal entity’s AGI and to provide such 

verification to the U.S. Department of 

Agriculture. To provide the annual AGI 

certification and written consent, 

participants must complete Form CCC– 

933, ‘‘Average Adjusted Gross Income 

(AGI) Certification and Consent to 

Disclosure of Tax Information’’ for 2013. 

Form CCC–933 is available at local FSA 

and NRCS offices or online through the 

FSA Web site. 

Participants in Federal farm programs 

that have farm land identified as highly 

erodible or as a wetland must continue 

to comply with certain land and 

environmental conservation 

requirements for payment eligibility 

purposes in 2013. The regulations in 7 

CFR part 12, ‘‘Highly Erodible Land and 

Wetland Conservation,’’ and 7 CFR part 

1400, ‘‘Payment Eligibility and Payment 

Limitation for 2009 and Subsequent 

Crop, Program, or Fiscal Years,’’ apply 

to all FSA and CCC programs in 2013. 

Programs That Are Authorized but 

Have Not Been Funded 

Some programs, including certain 

disaster assistance programs, were 

reauthorized but are subject entirely to 

appropriation in each of fiscal years 

2012 and 2013. As a result, those 

programs can be operated only if FY 

2013 funds are appropriated for them. 

Such programs include the Biomass 

Crop Assistance Program (BCAP); 

Voluntary Public Access—Habitat 

Incentive Program (VPA–HIP); Livestock 

Indemnity Program (LIP); Livestock 

Forage Disaster Assistance Program 

(LFP); Emergency Assistance for 

Livestock, Honeybees, and Farm-Raised 

Fish Program (ELAP); and Tree 

Assistance Program (TAP). 

Expired Programs 

Some programs in the 2008 Farm Bill 

were not extended by ATRA. There is 

no authority provided by ATRA for the 

Supplemental Revenue Assistance 

Payments Program (SURE) or for the 

Market Loss Assistance for Asparagus 

Producers Program (ALAP). 

Environmental Review 

FSA has determined that the 

authorization to extend certain 

provisions of the 2008 Farm Bill 

through 2013 as described in this notice 

would not constitute a major Federal 

action significantly affecting the quality 

of the human environment, as no new 

program provisions or implementation 

requirements were established under 

ATRA. Therefore, in accordance with 

the 7 CFR Part 799, Environmental 

Quality and Related Environmental 

Concerns—Compliance with the 

National Environmental Policy Act, 

implementing the regulations of the 

Council on Environmental Quality (40 

CFR parts 1500–1508), no 

environmental assessment or 

environmental impact statement will be 

prepared. 

Signed at Washington, DC, on January 29, 

2013. 

Juan M. Garcia, 

Executive Vice President, Commodity Credit 

Corporation and Administrator, Farm Service 

Agency. 

[FR Doc. 2013–02218 Filed 1–31–13; 8:45 am] 

BILLING CODE 3410–05–P 


srobinson on DSK4SPTVN1PROD with NOTICES