This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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

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the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

51351 

Vol. 73, No. 171 

Wednesday, September 3, 2008 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 613 

Plant Materials Centers (PMC) 

AGENCY: Natural Resources 

Conservation Service (NRCS), USDA. 

ACTION: Final rule. 

SUMMARY: Minor editorial changes are 

being made to clarify and update the 

existing regulation. These changes do 

not significantly affect part 613, 

however we present the entire part, as 

amended, for the convenience of the 

reader. 

DATES: Effective Date: September 3, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael Hubbs, Director, Ecological 

Sciences Division, NRCS, USDA, Post 

Office Box 2890, Washington, DC 20013; 

telephone: (202) 720–2587. 

SUPPLEMENTARY INFORMATION: Since part 

613 became effective (72 FR 68743 

December 6, 2007), several changes have 

occurred requiring the need to update it. 

These changes include renaming the 

National PMC in Beltsville, Maryland, 

to the Norman A. Berg National PMC 

and a correction in the location of the 

Louisiana PMC from Golden Meadows 

to Galliano. These changes are minor 

and do not significantly affect part 613. 

This rule sets forth general statements of 

Agency policy and internal Agency 

organization and management. 

Therefore, pursuant to 5 U.S.C. 553, it 

is found that notice and public 

comment is not required. Further, in 

light of the minor changes, good cause 

is found for making this rule effective 

on publication in the Federal Register. 

Since this rule relates to internal 

Agency management, it is exempt from 

E.O. 12291. Finally, this action is not a 

rule as defined by Public Law 96–354, 

the Regulatory Flexibility Act, and thus 

is exempt from the provisions of that 

Act. 

List of Subjects in 7 CFR Part 613 

Plants (agriculture), Soil conservation. 

■ Accordingly, 7 CFR part 613 is revised 

to read as follows: 

PART 613—PLANT MATERIALS 

CENTERS 

Sec. 

613.1 Purpose. 

613.2 Policy and objectives. 

613.3 NRCS responsibilities in plant 

materials. 

613.4 Special production of plant materials. 

613.5 PMCs. 

Authority: 16 U.S.C. 590a–590f, 5908; 7 

U.S.C. 1010–1011. 

§ 613.1 Purpose. 

This part provides NRCS policy on 

the operation of PMCs. The Centers 

have responsibilities for assembling, 

testing, releasing, and providing for the 

commercial production and use of plant 

materials and plant materials 

technology for programs of soil, water, 

and related resource conservation and 

development. 

§ 613.2 Policy and objectives. 

(a) It is NRCS policy to assemble, 

comparatively evaluate, release, and 

distribute for commercial increase new 

or improved plant materials and plant 

materials technology needed for broad 

programs of resource conservation and 

development for agriculture, wildlife, 

urban, recreation, and other land uses 

and environmental needs. It is the 

policy of NRCS to conduct plant 

materials work in cooperation with 

other agencies of the Department of 

Agriculture, such as the Agricultural 

Research Service, and with other 

Federal and State research agencies, 

including State agricultural experiment 

stations. The emphasis of the NRCS 

plant materials work is to find suitable 

plants to address conservation needs. In 

contrast, the emphasis of research 

agencies and organizations in plant 

development is to improve 

economically important crops. The 

NRCS program of testing and releasing 

new seed-propagated plant materials 

follows the guidelines in ‘‘Statement of 

Responsibilities and Policies Relating to 

the Development, Release, and 

Multiplication of Publicly Developed 

Varieties of Seed-Propagated Crops,’’ 

which was adopted in June 1972, by 

Land Grant Colleges and interested 

Federal agencies. NRCS releases 

improved conservation plant materials 

requiring vegetative multiplication in 

ways appropriate for particular States 

and particular species by working with 

experiment stations, crop improvement 

associations, and other State and 

Federal agencies. 

(b) The objective of the plant 

materials activity is to select or develop 

special and improved plants and 

techniques for their successful 

establishment and maintenance to solve 

conservation problems and needs 

related to: 

(1) Controlling soil erosion on all 

lands; 

(2) Conserving water; 

(3) Protecting upstream watersheds; 

(4) Reducing sediment movement into 

waterways and reservoirs through the 

stabilization of critical sediment 

sources, such as surface mined lands, 

highway slopes, recreation sites, and 

urban and industrial development areas; 

(5) Stabilizing disposal areas for 

liquid and solid wastes; 

(6) Improving plant diversity and 

lengthening the grazing season on 

dryland pastures and rangelands; 

(7) Managing brush on mountain 

slopes with fire-retarding plant cover to 

reduce the possibility of fires that 

threaten life and property, or result in 

serious sediment sources; 

(8) Improving the effectiveness of 

windbreaks and shelterbelts for 

reducing airborne sediment, controlling 

snow drifting, and preventing crop 

damage from wind erosion; 

(9) Protecting streambank, pond, and 

lake waterlines from erosion by scouring 

and wave action; 

(10) Improving wildlife food and 

cover, including threatened and 

endangered and pollinator species; 

(11) Selecting special purpose plants 

to meet specific needs for environment 

protection and enhancement; 

(12) Selecting plants that tolerate air 

pollution agents and toxic soil 

chemicals; 

(13) Selecting plants that mitigate 

odor, Particulate Matter (PM)–10, and 

PM–2.5; 

(14) Testing plants for biofuels and 

other energy-related activities; and 

(15) Evaluating plants and techniques 

to combat invasive plant species and for 

reestablishment of desirable species 

after eradication. 


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51352 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

§ 613.3 NRCS responsibilities in plant 

materials. 

NRCS operates or enters into 

agreements with State universities or 

other State organizations to operate 

PMCs. NRCS also cooperates, both 

formally and informally, with other 

Federal, State, county, and nonprofit 

agencies or organizations on the 

selection of plants and evaluation of 

plant technology to increase the 

capabilities of PMCs. NRCS employs 

specialists for testing and selecting plant 

materials for conservation uses and the 

development of plant materials 

technology. NRCS’ responsibilities are 

to: (a) Identify the resource conservation 

needs and cultural management 

methods for environmental protection 

and enhancement. 

(b) Assemble and comparatively 

evaluate plant materials at PMCs and on 

sites where soil, climate, or other 

conditions differ significantly from 

those at the Centers. 

(c) Make comparative field plantings 

for final testing of promising plants and 

techniques in cooperation with 

conservation districts and other 

interested cooperators. 

(d) Release cooperatively improved 

conservation plants and maintain the 

breeder or foundation stocks in ways 

appropriate for particular State and 

plant species by working with 

experiment stations, crop improvement 

associations, and other State and 

Federal agencies. 

(e) Produce limited amounts of 

foundation or foundation-quality seed 

and plants available for allocation to 

conservation districts, experiment 

stations, other Federal and State 

research agencies, State seed certifying 

organizations and directly to 

commercial growers (if other options do 

not exist) that will use the material to 

establish seed fields, seed orchards, or 

vegetative plantings for large-scale 

increase. 

(f) Encourage and assist conservation 

districts, commercial seed producers, 

and commercial and State nurseries to 

produce needed plant materials for 

conservation uses. 

(g) Encourage the use of improved 

plant materials and plant materials 

technology in resource conservation and 

environmental improvement programs. 

§ 613.4 Special production of plant 

materials. 

NRCS can produce plant materials in 

the quantity required to do a specific 

conservation job if this production will 

serve the public welfare and only if the 

plant materials are not available 

commercially. This function will be 

performed only until the plant materials 

are available commercially. Specific 

production of plant materials by NRCS 

requires the approval of the Chief. 

§ 613.5 PMCs. 

(a) The Norman A. Berg National 

PMC. The Norman A. Berg National 

PMC at Beltsville, Maryland, focuses on 

national initiatives and provides 

coordination for plant materials work 

across all 50 States. In addition, the 

center provides plants and plant 

technology to address resource concerns 

in the mid-Atlantic region. 

(b) Other PMCs. There are 26 other 

PMCs. Each serves several major land 

resource areas. NRCS operates 24 of 

these Centers, and 2 by cooperating 

agencies, as follows: 

(1) Operated by NRCS: Tucson, AZ, 

Booneville, AR, Lockeford, CA, 

Brooksville, FL, Americus, GA, Molokai, 

HI, Aberdeen, ID, Manhattan, KS, 

Galliano, LA, East Lansing, MI, 

Coffeeville, MS, Elsberry, MO, Bridger, 

MT, Fallon, NV, Cape May Courthouse, 

NJ, Los Lunas, NM, Big Flats, NY, 

Bismarck, ND, Corvallis, OR, Kingsville, 

TX, Knox City, TX, Nacogdoches, TX, 

Pullman, WA, and Alderson, WV. 

(2) Operated by cooperating agencies 

with financial and technical assistance 

from NRCS: Meeker, CO—White River 

and Douglas Creek Soil Conservation 

Districts with partial funding from 

NRCS. 

(3) Operated by cooperating agencies 

with technical assistance from NRCS: 

Palmer, AK—State of Alaska, 

Department of Natural Resources. 

Signed in Washington, DC, on August 20, 

2008. 

Arlen L. Lancaster, 

Chief, Natural Resources Conservation 

Service. 

[FR Doc. E8–20401 Filed 9–2–08; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1000 

[Docket No. AMS–DA–07–0026; AO–14–A77] 

Milk in the Northeast and Other 

Marketing Areas; Delay of Effective 

Date 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule; delay of 

effective date. 

SUMMARY: An interim final rule 

published July 31, 2008 amending the 

manufacturing cost allowances and the 

butterfat yield factor used in Class III 

and Class IV product-price formulas 

applicable in all Federal milk marketing 

orders had an effective date of 

September 1, 2008. The effective date of 

the Interim Rule will now be October 1, 

2008. The rule’s effective date is 

delayed because a complaint to enjoin 

the implementation of the revised 

manufacturing allowances and butterfat 

yield factor was filed in the United 

States District Court for the District of 

Columbia. Delaying implementation 

allows sufficient time for a preliminary 

injunction hearing. 

DATES: The effective date for the interim 

final rule published July 31, 2008 (73 FR 

44617), is delayed from September 1, 

2008, until October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: Jack 

Rower, Marketing Specialist, USDA/ 

AMS/Dairy Programs, Order 

Formulation and Enforcement, Stop 

0231—Room 2971–S, 1400 

Independence Avenue, SW., 

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

7183. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 1000 

provide for, among other things, 

formulas that establish minimum Class 

III and Class IV milk prices in all 

Federal milk marketing orders. The 

Class III and Class IV formulas also set 

minimum Federal order prices for Class 

I and Class II nonfat solids and skim 

milk prices and pricing factors that are 

announced in advance of the month for 

which such prices will be effective. 

Minimum Class III and Class IV prices 

for any given month are announced for 

all Federal orders on or before the 5th 

day of the following month. 

The Class III and Class IV productprice formulas use finished product 

prices for cheese, butter, nonfat dry milk 

and dry whey together with 

manufacturing allowances (commonly 

referred to as ‘‘make allowances’’) and 

yield factors to determine the minimum 

value of milk used to make the finished 

dairy products. Currently, the make 

allowances being used to compute all 

Federal order minimum class prices are 

those published in the Federal Register 

on December 29, 2006 (71 FR 78333). 

The current butterfat yield factor used 

in the Class III and Class IV productpricing formulas is that published in the 

Federal Register on February 12, 2003 

(65 FR 76832). 

Delay in Effective Date 

On July 31, 2008, an Interim Final 

Rule was published in the Federal 

Register (73 FR 44617) amending the 

make allowances and butterfat yield 


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