Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54667 

* * * * * 

§ 319.37–7 [Amended] 

■ 3. In § 319.37–7, paragraph (a)(3), the 

table is amended by removing the entry 

for ‘‘Fraxinus spp. (ash)’’. 

Done in Washington, DC, this 17th day of 

September 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–22194 Filed 9–22–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 650 

RIN 0578–AA41 

[Docket No. NRCS–IFR–08001] 

Regulations for Complying With the 

National Environmental Policy Act 

AGENCY: Natural Resources 

Conservation Service (NRCS), USDA. 

ACTION: Affirmation of interim final rule 

as final rule. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS or Agency) 

published an Interim Final Rule on June 

25, 2008, amending its National 

Environmental Policy Act (NEPA) 

compliance regulations by clarifying the 

appropriate use of a program 

environmental assessment (EA) and by 

aligning its NEPA public involvement 

process with that of the Council on 

Environmental Quality’s (CEQ) 

regulations that implement NEPA. Both 

changes would better align the Agency 

regulations with the CEQ NEPA 

regulations and provide for the efficient 

and timely environmental review of 

NRCS actions, particularly those actions 

where Congress has directed NRCS 

action within short time periods of 60– 

90 days. The Council on Environmental 

Quality, in accordance with their 

regulations, reviewed and approved the 

proposed changes on June 11, 2008. The 

comment period on the interim final 

rule closed on July 25, 2008. No 

comments were received on the interim 

final rule. Accordingly, NRCS is issuing 

this final rule to indicate that no 

comments were received and to 

announce that the interim rule is final 

without change. 

DATES: Effective September 23, 2008, the 

interim final rule published on June 25, 

2008 (73 FR 35883) is confirmed as 

final. 

FOR FURTHER INFORMATION CONTACT: Matt 

Harrington, National Environmental 

Coordinator, Ecological Sciences 

Division, NRCS, P.O. Box 2890, Room 

6158–S, Washington, DC 20013; 

telephone (202) 720–4925; submit email to: matt.harrington@wdc.usda.gov, 

Attention: Compliance with NEPA 

comments. 

SUPPLEMENTARY INFORMATION: 

Availability of Rulemaking Documents 

You can get an electronic copy of the 

full Compliance with NEPA rule using 

the Internet through the NRCS 

homepage at http://www.nrcs.usda.gov 

and by selecting ‘‘Programs,’’ then 

‘‘National Environmental Policy Act 

(NEPA) Documents.’’ 

Background 

Synopsis of the Final Rule 

The rule better aligns the NRCS’ 

NEPA regulations with that of the CEQ’s 

regulations that implement NEPA. The 

final rule amends 7 CFR 650.5(c) Figure 

1 by inserting ‘‘Program EA’’ to the flow 

chart on NRCS decisionmaking and the 

rule adds a section to 7 CFR 650.8(a), 

which discusses the criteria for 

determining the need for a program EA. 

The rule also makes changes to 7 CFR 

650.12 so that 650.12 better conforms to 

CEQ’s similar regulations. 

First, the rule amends 7 CFR 650.5(c) 

Figure 1 by inserting ‘‘Program EA’’ to 

the flow chart on NRCS decisionmaking 

and by adding a section to 7 CFR 650.8 

discussing the criteria for determining 

the need for a program EA. Previously, 

Agency regulations did not address 

NRCS’ ability to tier to Program EAs or 

clarify when it is appropriate to use a 

program environmental assessment. The 

change to Figure 1 explicitly confirms 

the State and field offices’ ability to tier 

site-specific environmental reviews and 

decisionmaking to either a Program EA 

or Program EIS. The change to section 

650.8 clearly states when it is 

appropriate to use an environmental 

assessment. This change aligns NRCS’ 

NEPA regulations with 40 CFR 

1507.3(b)(2), which states that Agency 

NEPA regulations should identify 

specific criteria for those classes of 

action which normally require an EA 

and those that require an EIS. For 

rulemaking actions under the Farm Bill, 

the Agency has prepared program EAs 

in the past because the limited 

significance of the actions did not 

warrant the preparation of an EIS. 

Therefore, this rule change provides for 

the efficient and timely environmental 

review of NRCS actions. 

Second, NRCS is changing the current 

requirement of publication of the notice 

of availability for every EA/FNSI in the 

Federal Register. CEQ regulations 

require public involvement in preparing 

any EA/Finding of No Significant 

Impact (FNSI) and require a 30-day 

review period of the EA/FNSI only in 

the following limited circumstances: (a) 

The action is, or closely similar to, one 

which normally requires the preparation 

of an EIS, as defined by NRCS NEPA 

implementing regulations at 7 CFR 

650.7, or (b) the nature of the action is 

one without precedent. The changes 

made in the NRCS final rule at 7 CFR 

650.12 mirror that of CEQ’s regulations. 

This change provides the Agency with 

the flexibility for all program actions to 

determine the most appropriate method 

of public involvement in preparing the 

EA/FNSI and the most appropriate 

method for publication of the notice of 

the availability of the EA/FNSI. As 

noted by CEQ regulations implementing 

NEPA (40 CFR 1506.6), actions 

primarily of local concern may be 

published in local newspapers and use 

other means to reach the interested and 

affected members of the public. 

The final rule also allows the Agency 

to implement an action upon issuing the 

notice of availability of the EA/FNSI or 

at a specified time period after issuance 

of the notice based on the public 

involvement provided. For Agency 

actions with statutorily short 

rulemaking timeframes or for emergency 

actions, the ability to tailor public 

involvement and review allows the 

Agency to implement the action upon 

issuance of the notice of availability or 

a shorter timeframe thereafter, while 

still meeting the requirements of NEPA 

as well as its intent. This enables the 

Agency to prepare adequate NEPA 

analyses and to proceed with timely 

implementation for these important 

actions. 

Regulatory Certifications 

Executive Order 12866 

The NRCS reviewed this final rule 

under U.S. Department of Agriculture 

(Department) procedures and Executive 

Order 12866 issued September 30, 1993 

(E.O. 12866), as amended by E.O. 13422 

on Regulatory Planning and Review. 

This final rule is issued in accordance 

with the E.O. 12866. It has been 

determined that this final rule is not 

significant and, therefore, it has not 

been reviewed by OMB. 

Regulatory Flexibility Act 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this rule because NRCS is 

not required by 5 U.S.C. 553, or any 

other provision of law, to publish a 


jlentini on PROD1PC65 with RULES
54668 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

notice of final rulemaking with respect 

to the subject matter of this rule. 

Environmental Analysis 

The final rule amends the procedures 

for implementing the National 

Environmental Policy Act (NEPA) at 7 

CFR Part 650 and would not directly 

impact the environment. Agency NEPA 

procedures are procedural guidance to 

assist agencies in the fulfillment of 

Agency responsibilities under NEPA, 

but are not the Agency’s final 

determination of what level of NEPA 

analysis is required for a particular 

action. The CEQ set forth the 

requirements for establishing Agency 

NEPA procedures in its regulations at 40 

CFR 1505.1 and 1507.3. The CEQ 

regulations do not require agencies to 

conduct NEPA analyses or prepare 

NEPA documentation when establishing 

their NEPA procedures. The 

determination that establishing Agency 

NEPA procedures does not require 

NEPA analysis and documentation has 

been upheld in Heartwood, Inc. v. U.S. 

Forest Service, 230 F.3d 947, 954–55 

(7th Cir. 2000). 

Paperwork Reduction Act 

There are no requirements for 

information collection associated with 

this final rule that would require 

approval under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Unfunded Mandates 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538), NRCS has assessed the effects of 

this final rule on State, local, and tribal 

governments and the private sector. 

This final rule does not compel the 

expenditure of $100 million or more by 

any State, local, or tribal governments or 

anyone in the private sector. Therefore, 

a statement under section 202 of the Act 

is not required. 

Civil Justice Reform 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. After adoption of this 

final rule, (1) all State and local laws 

and regulations that conflict with this 

rule or that would impede full 

implementation of this rule will be 

preempted; (2) no retroactive effect 

would be given to this final rule; and (3) 

before an action may be brought in a 

Federal court of competent jurisdiction, 

the administrative appeal rights 

afforded persons at 7 CFR Parts 614, 

780, and 11 must be exhausted. 

Federalism 

NRCS has considered this final rule 

under the requirements of Executive 

Order 13132 issued August 4, 1999 (E.O. 

13132), ‘‘Federalism.’’ The Agency has 

made an assessment that the final rule 

conforms with the Federalism 

principles set out in this Executive 

Order; would not impose any 

compliance costs on the States; and 

would not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, nor on the distribution of 

power and responsibilities among the 

various levels of government. Therefore, 

NRCS concludes that this final rule does 

not have Federalism implications. 

Energy Effects 

This final rule has been reviewed 

under Executive Order 13211 issued 

May 18, 2001 (E.O. 13211), ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use.’’ NRCS has 

determined that this final rule does not 

constitute a significant energy action as 

defined in E.O. 13211. 

For the reasons stated in the 

preamble, under the authority at 42 

U.S.C. 4321 et seq.; Executive Order 

11514 (Rev.); 7 CFR 2.62, the Natural 

Resources Conservation Service 

confirms the interim rule amending 7 

CFR part 650 which published at 73 FR 

35883 on June 25, 2008, is adopted as 

final without change. 

Arlen L. Lancaster, 

Chief, Natural Resources Conservation 

Service. 

[FR Doc. E8–22090 Filed 9–22–08; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Docket No. AMS–FV–08–0052; FV08–922– 

1 FR] 

Apricots Grown in Designated 

Counties in Washington; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

Washington Apricot Marketing 

Committee (Committee) for the 2008–09 

and subsequent fiscal periods from 

$1.50 to $2.00 per ton for Washington 

apricots. The Committee is responsible 

for local administration of the marketing 

order regulating the handling of apricots 

grown in designated counties in 

Washington. Assessments upon 

handlers of apricots are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

fiscal period for the marketing order 

begins April 1 and ends March 31. The 

assessment rate remains in effect 

indefinitely unless modified, suspended 

or terminated. 

DATES: Effective Date: September 24, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Curry or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW Third Avenue, 

suite 385, Portland, OR 97204; 

Telephone: (503) 326–2724; Fax: (503) 

326–7440; or e-mail: 

Robert.Curry@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence, SW., 

STOP 0237, Washington, DC 20250– 

0237; Telephone: (202) 720–2491; Fax: 

(202) 720–8938; or e-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

922 (7 CFR 922), as amended, regulating 

the handling of apricots grown in 

designated counties in Washington, 

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 rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, apricot handlers in designated 

counties in Washington are subject to 

assessments. Funds to administer the 

order are derived from such 

assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable Washington 

apricots beginning April 1, 2008, and 

continue until amended, suspended, or 

terminated. 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 


jlentini on PROD1PC65 with RULES