Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 27997

List of Subjects in 5 CFR Part 532

Administrative practice and

procedure, Freedom of information,

Government employees, Reporting and

recordkeeping requirements, Wages.

Accordingly, under the authority of 5

U.S.C. 5343, the interim rule amending

5 CFR part 532 published on January 31,

1996 (61 FR 3175), is adopted as final

without any changes.

Office of Personnel Management.

Lorraine A. Green,

Deputy Director.

[FR Doc. 96–13839 Filed 6–3–96; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 29

[Docket No. TB–95–18]

Tobacco Inspection; Growers’

Referendum Results

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This document contains the

determination with respect to the

referendum on the merger of Sanford

and Carthage-Aberdeen, North Carolina,

to become the consolidated market of

Sanford-Carthage-Aberdeen. A mail

referendum was conducted during the

period of April 15–19, 1996, among

tobacco growers who sold tobacco on

these markets in 1995 to determine

producer approval/disapproval of the

designation of these markets as one

consolidated market. Growers approved

the merger. Therefore, for the 1996 and

succeeding flue-cured marketing

seasons, the Sanford and CarthageAberdeen, North Carolina, tobacco

markets shall be designated as and

called Sanford-Carthage-Aberdeen. The

regulations are amended to reflect this

new designated market.

EFFECTIVE DATE: July 5, 1995.

FOR FURTHER INFORMATION CONTACT:

Rebecca Fial, Assistant to the Director,

Tobacco Division, Agricultural

Marketing Service, United States

Department of Agriculture, P.O. Box

96456, Washington, DC 20090–6456;

telephone number (202) 260–0151.

SUPPLEMENTARY INFORMATION: A notice

was published in the March 18, 1996,

issue of the Federal Register (61 FR,

10903) announcing that a referendum

would be conducted among active fluecured producers who sold tobacco on

either Sanford or Carthage-Aberdeen,

during the 1995 season to ascertain if

such producers favored the

consolidation.

The notice of referendum announced

the determination by the Secretary that

the consolidated market of SanfordCarthage-Aberdeen, North Carolina,

would be designated as a flue-cured

tobacco auction market and receive

mandatory Federal grading of tobacco

sold at auction for the 1996 and

succeeding seasons, subject to the

results of the referendum. The

determination was based on the

evidence and arguments presented at a

public hearing held in Sanford, North

Carolina, on November 7, 1995,

pursuant to applicable provisions of the

regulations issued under the Tobacco

Inspection Act, as amended. The

referendum was held in accordance

with the provisions of the Tobacco

Inspection Act, as amended (7 U.S.C.

511d) and the regulations set forth in 7

CFR 29.74.

Ballots for the April 15–19

referendum were mailed to 622

producers. Approval required votes in

favor of the proposal by two-thirds of

the eligible voters who cast valid

ballots. The Department received a total

of 156 responses: 127 eligible producers

voted in favor of the consolidation; 27

eligible producers voted against the

consolidation; and 2 ballots were

determined to be invalid.

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

This final rule has been reviewed

under Executive Order 12788, Civil

Justice Reform. This action is not

intended to have retroactive effect. The

final rule will not preempt any State or

local laws, regulations, or policies,

unless they present an irreconcilable

conflict with this rule. There are no

administrative procedures which must

be exhausted prior to any judicial

challenge to the provisions of this rule.

Additionally, in conformance with

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), full

consideration has been given to the

potential economic impact upon small

business. Most tobacco producers and

many tobacco warehouses are small

businesses as defined in the Regulatory

Flexibility Act. This action will not

substantially affect the normal

movement of the commodity in the

marketplace. It has been determined

that this action will not have a

significant impact on a substantial

number of small entities.

List of Subjects in 7 CFR Part 29

Administrative Practices and

Procedures, Advisory Committees,

Government Publications, Imports,

Pesticides and Pests, Reporting and

Recordkeeping Procedures, Tobacco.

For the reasons set forth in the

preamble, 7 CFR Part 29, Subpart D, is

amended as follows:

Subpart D—Order of Designation of

Tobacco Markets

1. The authority citation for 7 CFR

Part 29, Subpart D, continues to read as

follows:

Authority: Sec. 5, 49 Stat. 732, as amended

by Sec. 157(a)(1), 95 Stat. 374 (7 U.S.C.

511d).

2. In Section 29.8001, the table is

amended by adding a new entry (hhh)

to read as follows:

Territory Types of tobacco Auction markets Order of designation Citation

* * * * * * *

(hhh) North Carolina ........................................... flue-cured ........... ............................................ Sanford-Carthage-Aberdeen.July 5, 1996.
27998 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations

Dated: May 28, 1996.

Kenneth C. Clayton,

Acting Administrator.

[FR Doc. 96–13832 Filed 6–3–96; 8:45 am]

BILLING CODE 3410–02–P

Natural Resources Conservation

Service

7 CFR Part 610

Technical Assistance

AGENCY: Natural Resources

Conservation Service, USDA.

ACTION: Final rule.

SUMMARY: Section 301(c) of the Federal

Agriculture Improvement and Reform

Act of 1996 (FAIRA) requires the

Secretary of Agriculture to publish in

the Federal Register, within 60 days of

the enactment of FAIRA, the universal

soil loss equation (USLE) and wind

erosion equation (WEQ) used by the

Department of Agriculture (the

Department) as of the date of

publication. The Natural Resources

Conservation Service (NRCS) utilizes

factors from the USLE, the revised

universal soil loss equation (RUSLE)

and the WEQ in equations to predict

soil erosion due to water and wind. The

Department was first required to use the

factors from the USLE and WEQ to make

highly erodible land (HEL)

determinations under the Food Security

Act (FSA) of 1985, Pub. L. 99–198. The

FSA defined HEL as land that has the

potential for an excessive annual rate of

erosion in relation to the soil loss

tolerance level as determined by the

Secretary through application of factors

from the USLE and WEQ.

This final rule sets forth the USLE and

WEQ used by the Department as of this

date and the circumstances under the

equations are used. Since the first

mandated use of the USLE in 1985, the

technology used to predict soil erosion

due to water has been refined. The

refinement is reflected in a revised

USLE (RUSLE) which will also be used

under the circumstances described in

this rule.

EFFECTIVE DATE: This rule is effective

June 3, 1996.

FOR FURTHER INFORMATION CONTACT:

David L. Schertz, National Agronomist,

Natural Resources Conservation Service,

P.O. Box 2890, Washington, D.C. 20013;

Fax 202–720–2646 or

Internet:dschertz@usda.gov.

SUPPLEMENTARY INFORMATION:

Rulemaking Analyses

EO 12291: Not major.

Regulatory Flexibility Act: No

significant impact.

Paperwork Reduction Act: Does not

apply.

National Environmental Policy Act:

Not applicable.

Civil Rights Impact Analysis: Not

applicable.

Federalism Assessment: Does not

have sufficient federalism implications

to warrant an assessment.

Unfunded Mandate: Not applicable.

Background And Purpose

The Natural Resources Conservation

Service (NRCS) of the United States

Department of Agriculture (the

Department), utilizes the universal soil

loss equation (USLE), the revised

universal soil loss equation (RUSLE)

and the wind erosion equation (WEQ) to

predict soil erosion due to water and

wind. Section 301(c) of the Federal

Agriculture Improvement and Reform

Act of 1996 (FAIRA), which was

enacted April 4, 1996, requires the

Secretary of Agriculture to publish in

the Federal Register by June 3, 1996, the

USLE and WEQ used by the Department

as of the date of publication. NRCS is

publishing the equations and the rules

under which the USLE, RUSLE, and

WEQ factors are used for administering

programs.

The equation for predicting soil loss

due to erosion for both the USLE and

RUSLE is A=R×K×LS×C×P. The factors

in the equation have the following

definitions:

1. A is the estimation of average

annual soil loss in tons per acre caused

by sheet and rill erosion.

2. R is the rainfall erosivity factor.

3. K is the soil erodibility factor.

4. LS is the slope length and steepness

factor.

5. C is the cover and management

factor.

6. P is the support practice factor.

A paper published by K.G. Renard, et

al., in the May–June, 1994 Journal of

Soil and Water Conservation, volume

49(3), pages 213–220, entitled, ‘‘RUSLE

revisited: Status, questions, answers,

and the future’’, describes the revision.

Primary differences between the USLE

and RUSLE include the following:

R Factor: RUSLE includes more R

values for the Western United States

than the USLE. For the eastern United

States, R values are generally the same

as those used in the USLE but includes

some revisions.

K Factor: Values used in RUSLE are

similar to the USLE values but are

adjusted to account for changes, such as

freezing and thawing, and soil moisture.

These adjustments are calculated at onehalf month intervals for use in RUSLE

and are applicable in the northern and

southern plains, midwest, southern, and

eastern United States.

LS Factor: USLE uses one LS table;

RUSLE uses four LS tables, as

determined by the relationship of rill to

interrill erosion. Although both the

USLE and RUSLE can account for the

effects of complex slopes, RUSLE

simplifies this LS determination

through the use of computer technology.

C Factor: USLE provides estimates of

soil changes for 4–5 crop stage periods

throughout the year. RUSLE provides

estimates of cover and soil changes on

one-half month intervals, especially in

relation to canopy, surface residue,

residue just under the surface, and the

effects of climate on residue

decomposition, roughness, roots, and

soil consolidation.

P Factor: USLE uses P factors for

contouring, contour stripcropping, and

terracing from table values established

for field slope ranges; and for terraces,

the P factor is also based on channel

gradients. RUSLE uses P factors for

farming across the slope and includes

new process-based routines to

determine the effect of stripcropping

and buffer strips. Values for farming

across the slope are based on slope

length and steepness, row grade, ridge

height, storm severity, soil infiltration,

and the cover and roughness conditions.

The stripcropping P factor is based on

the amount and location of soil

deposition.

The equation for predicting soil loss

due to wind erosion is E=f(IKCLV). The

factors in the equation have the

following definitions:

1. E is the estimation of average

annual soil loss in tons per acre.

2. f indicates the equation includes

functional relationships that are not

straight-line mathematical calculations.

3. I is the soil erodibility index.

4. K is the ridge roughness factor.

5. C is the climatic factor. All climatic

factor values are expressed as a

percentage of the value established at

Garden City, Kansas. Garden City,

Kansas was the location of early

research in the WEQ and established the

standard for climatic factors against

which the other locations are measured.

6. L is the unsheltered distance across

an erodible field, measured along the

prevailing wind erosion direction.

7. V is the vegetative cover factor.

The Department was first statutorily

required to use the factors from the

USLE and WEQ to make highly erodible

land (HEL) determinations under the

Food Security Act (FSA) of 1985, Pub.

L. 99–198. The Department published

the equations used to determine HEL

during promulgation of the regulations