[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Rules and Regulations]
[Pages 3139-3140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1050]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules 
and Regulations  

[[Page 3139]]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1434

RIN 0560-AH18


Nonrecourse Marketing Assistance Loan and Loan Deficiency Payment 
Regulations for Honey

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

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SUMMARY: This rule adopts as a final rule, an interim rule published on 
August 25, 2004. The Commodity Credit Corporation (CCC) uses these 
regulations to provide marketing assistance loans (MAL) and loan 
deficiency payments (LDP) for honey pledged as loan collateral. This 
final rule does not change the interim rule, thus, it is adopted as a 
final rule without change.

DATES: This rule is effective January 21, 2005.

FOR FURTHER INFORMATION CONTACT: Kimberly Graham, 202-720-9154, e-mail: 
[email protected]. 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:

Background

    This rule finalizes a change in CCC regulations regarding producers 
of relatively small quantities of honey. Most honey marketed in the 
U.S. is stored in metal drums or plastic storage units called 
Intermediate Bulk Containers (IBC's), and the majority of commercially 
exported and imported honey is stored in steel drums. Smaller 
producers, however, often market through channels like farmer markets 
or local groceries, and store honey in smaller, less expensive, plastic 
containers. This rule finalizes regulations providing that honey stored 
in 5-gallon plastic containers is eligible for MAL's and LDP's.

Public Comments

    Section 1601(c) of the Farm Security and Rural Investment Act of 
2002 (Section 1601) provides that the regulations involved may be 
promulgated without notice and comment. Nonetheless, CCC solicited 
comments on the interim rule because it was determined to be in the 
public's interest. No comments were received.

Executive Order 12866

    This rule is issued in conformance with Executive Order 12866, was 
determined to be not significant, and has not been reviewed by the 
Office of Management Budget.

Regulatory Flexibility Act

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule because CCC is not required to publish a notice 
proposed rulemaking for the subject matter of this rule.

Environmental Assessment

    The environmental impacts of this rule have been considered in 
accordance with the provisions of the National Environmental Policy Act 
of 1969 (NEPA), 42 U.S.C. 4321 et seq., the regulations of the Council 
on Environmental Quality (40 CFR parts 1500-1508), and the FSA 
regulations for compliance with NEPA, 7 CFR part 799. FSA has initiated 
the completion of an environmental assessment (EA) to determine the 
potential impacts of this action upon the human and natural 
environments. A copy of the draft EA will be made available to the 
public upon its completion.

Executive Order 12988

    This rule has been reviewed in accordance with Executive Order 
12988. This rule preempts State laws that are inconsistent with it. 
Before any legal action may be brought regarding a determination under 
this rule, the administrative appeal provisions set forth at 7 CFR 
parts 11 and 780 must be exhausted.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which require intergovernmental consultation with State and 
local officials. See the notice related to 7 CFR part 3014, subpart V, 
published at 48 FR 29115 (June 24, 1983).

Unfunded Mandates Reform Act of 1995

    The rule contains no Federal mandates under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) for State, Local, and tribal governments or the private sector. 
Thus, this rule is not subject to the requirements of sections 202 and 
205 of the UMRA.

Paperwork Reduction Act

    Section 1601 provides that the promulgation of regulations and the 
administration of these regulations are not subject to review by OMB 
under the Paperwork Reduction Act.

Executive Order 12612

    This rule does not have sufficient Federalism implications to 
warrant the preparation of a Federalism Assessment. This rule will not 
have a substantial direct effect on States or their political 
subdivisions or on the distribution of power and responsibilities among 
the various levels of government.

Government Paperwork Elimination Act

    FSA is committed to compliance with the Government Paperwork 
Elimination Act (GPEA) and the Freedom to E-File Act, which require 
Government agencies in general and FSA in particular to provide the 
public the option of submitting information or transacting business 
electronically to the maximum extent possible. The forms and other 
information collection activities required for participation in the 
program are available electronically for downloading or electronic 
submission through the USDA eForms Web site at http://forms.sc.egov.usda.gov/eforms.

Federal Assistance Programs

    The title and number of the Federal assistance program found in the 
Catalog of Federal Domestic Assistance to which this final rule applies 
are Commodity Loans and Loan Deficiency Payments, 10.051.

[[Page 3140]]

List of Subjects in 7 CFR Part 1434

    Honey, Loan programs-agriculture, Reporting and recordkeeping 
requirements.


0
For the reasons set out in the preamble, 7 CFR part 1434 is amended as 
follows:

PART 1434--NONRECOURSE MARKETING ASSISTANCE LOAN AND LOAN 
DEFICIENCY PAYMENTS FOR HONEY

0
Accordingly, the interim rule amending 7 CFR part 1434 which was 
published at 69 FR 52167, on August 25, 2004, is adopted as a final 
rule without change.

    Signed in Washington, DC, on January 11, 2005.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 05-1050 Filed 1-19-05; 8:45 am]
BILLING CODE 3410-05-P