[Federal Register Volume 71, Number 179 (Friday, September 15, 2006)]
[Rules and Regulations]
[Pages 54401-54402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7678]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 179 / Friday, September 15, 2006 / 
Rules and Regulations  

[[Page 54401]]



DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Parts 700, 702, 711, 729, 752, and 755

Commodity Credit Corporation

7 CFR Parts 1413, 1446, 1470, 1479, 1480, 1481 and 1482

RIN 0560-AH65


Removal of Obsolete Regulations

AGENCIES: Commodity Credit Corporation, Farm Service Agency, USDA.

ACTION: Final rule.

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SUMMARY: This action removes regulations rendered obsolete by 
expiration of their statutory authority and the ending of their 
respective programs. There are no impacts on past or current program 
operations.

DATES: Effective Date: September 15, 2006.

FOR FURTHER INFORMATION CONTACT: Phillip Elder, Regulatory Review 
Group, Farm Service Agency, USDA, STOP 0540, 1400 Independence Avenue, 
SW., Washington, DC 20250-0540; Telephone: (202) 205-5851; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion of Final Rule

    This rule removes regulations rendered obsolete by expiration of 
their statutory authority and the ending of their respective programs. 
Removal of the regulations will not impact any remaining disputes, 
issues or other matters regarding those programs. The regulations in 
effect at the time of any action governed by the subject regulations 
remain in effect for such matters though they are removed from the CFR. 
The regulations being removed and a brief description of them are as 
follows:

Part 700--Experimental Rural Clean Water Program

    The Rural Clean Water Program (RCWP) was authorized by the 
Agriculture, Rural Development and Related Agencies Appropriations Act, 
1980, Public Law 96-108. The RCWP provided financial and technical 
assistance through contracts of 3 to 10 years to install best 
management practices in areas which have critical water quality 
problems resulting from agricultural activities. This program was an 
experimental program authorized by an annual appropriation from 
Congress. The program was not continued and has received no funds for 
several years. Water quality problems resulting from agricultural 
activities are now dealt with through the Conservation Reserve Program 
(CRP) of CCC and other programs of the Department. See 7 CFR 1410(c).

Part 702--Colorado River Basin Salinity (CRSC) Control Program

    The regulations in this part were authorized by section 202 of the 
Colorado River Basin Salinity Control Act, 43 U.S.C. 1592 (2000), which 
authorized FSA to identify salt-source areas in the Colorado River 
Basin, and develop plans for implementing conservation measures that 
will reduce the salt load in the Colorado River. CRSC Contracts had a 
term of not less than 3 nor more than 10 years. CRSC was transferred to 
the USDA, Natural Resources Conservation Service (NRCS) by the 
Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-354). 
Therefore, no producer CRSC contracts with FSA remain in effect as 
these records were transferred to NRCS.

Part 711--Marketing Quota Review Regulations

    This part provided procedures for the review of a producer's crop 
marketing quota in accordance with the Agricultural Adjustment Act of 
1938, 7 U.S.C. 1301 et seq. A farmer who was dissatisfied with his 
quota was provided with the right to request a review by the review 
committee within 15 days after the date of FSA mailing to him a notice 
of such quota. These marketing quota review regulations are now 
obsolete because FSA no longer administers any marketing quota 
programs.

Part 729--Peanut Marketing Quotas

    Sections 1309 and 1310 of the Farm Security Rural Investment Act of 
2002 terminated, beginning with the 2002 crop, the marketing quota and 
price support program for peanuts (7 U.S.C. 7271).

Part 752--Water Bank Program

    The Water Bank Program (WBP) provided payments to eligible persons 
for the conservation of water or related uses in important migratory 
waterfowl nesting and breeding areas to preserve and improve habitat 
for migratory waterfowl, wildlife resources, and promote comprehensive 
water management. The agreement period was for 10 years, renewable for 
additional periods of 10 years each. The WBP was transferred to NRCS by 
the Department of Agriculture Reorganization Act of 1994 (Pub. L. 103-
354). Further, certain lands subject to a Water Bank contract were made 
eligible for enrollment in the FSA Conservation Reserve Program (16 
U.S.C. 3831(c) and 7 CFR part 1410).

Part 755--Regional Programs--Appalachian Land Stabilization And 
Conservation Program

    The Appalachian Land Stabilization and Conservation Program (ALSCP) 
authorized by the regulations at 7 CFR part 755 promoted economic 
growth of Appalachia and the conservation of its soil and water 
resources by assisting landowners, operators, or occupiers through 
contracts requiring changes in land use, and the establishment of 
conservation practices. The period to be covered by a contract was not 
less than 3 years or longer than 10 years. The ALSCP was terminated on 
October 1, 1982.

Part 1413--Hard White Wheat Incentive Program

    The Hard White Wheat Incentive Program was authorized by the Farm 
Security and Rural Investment Act of 2002 to provide funds during the 
2003 through 2005 crop years for producers of hard white wheat (7 
U.S.C. 7999). The intent was to increase the production of both spring 
and winter varieties of hard white wheat. This program expired after 
the 2005 crop year.

[[Page 54402]]

Part 1446--Peanuts

    Part 1446 contains regulations for the receiving, handling, 
storing, and disposition of the 1996 through 2002 crops of peanuts. 
Authority for this part was repealed by sections 1309 and 1310 of the 
Farm Security Rural Investment Act of 2002. (7 U.S.C 7271). Current 
peanut loan, handling, and warehousing requirements are now contained 
in 7 CFR parts 1421 and 1423.

Part 1470--Apple Market Loss Assistance Payment Program

    The Apple Market Loss Assistance Payment Program (AMLAP) provided 
income assistance to the producers of the 1998, 1999, and 2000 crop of 
apples to compensate them for the loss of markets in the applicable 
years. Authority for AMLAP has expired.

Part 1479--2003-2005 Crop Disaster Program

    Part 1479 governed the 2003, 2004, and 2005-Crop Disaster Program 
(CDP) of CCC. The CDP made disaster assistance payments to producers on 
eligible 2003, 2004, or 2005 crops due to disasters as provided under 
Division B of the Military Construction Appropriations and Emergency 
Hurricane Supplemental Appropriations Act, 2005, Public Law 108-324. 
Authority for CDP has expired.

Part 1480--2001 and 2002-Crop Disaster Program

    Part 1480 set forth the regulations of the 2001 and 2002-CDP which 
made disaster payments to producers with eligible losses in 2001 or 
2002 due to disasters under the Agricultural Assistance Act of 2003, 
Public Law 108-007. Authority for CDP has expired.

Part 1481--Sugar Beet Disaster Program

    The Sugar Beet Disaster Program provided payments to sugar beet 
producers who were prevented from planting, or who otherwise suffered 
required levels of losses in 2001 or 2002 due to adverse weather. 
Authority for the Sugar Beet Disaster Program has expired.

Part 1482--Value-Added Wheat Gluten And Wheat Starch Product Market 
Development Program

    The Value-Added Wheat Gluten and Wheat Starch Product Market 
Development Program made payments to U.S. producers for wheat gluten 
and wheat starch products to promote activities aimed at improving the 
economic viability of producers of such products. Authority for this 
program expired on June 5, 2003.

Informal Rulemaking Requirements

    This rule relates to internal agency management. Therefore, 
pursuant to 5 U.S.C. 553, a notice of proposed rulemaking and an 
opportunity for public comment are not required, and this rule may be 
made effective less than 30 days after publication in the Federal 
Register. Also, because this rule relates to internal agency 
management, it is exempt from the provisions of Executive Order Nos. 
12630, 12866, 12988, 13045, 13132, 13175, 13211, and 13272. Further, 
this action is not a rule as defined by the Regulatory Flexibility Act, 
5 U.S.C. 601, et seq., and is therefore exempt from the provisions of 
that Act. In addition, this rule is not subject to the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C 4321 et seq., Title 
II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. Ch. 17A, 25, 
or the E-Government Act of 2002, 44 U.S.C. 3501, note. Accordingly, as 
authorized by section 808 of the Small Business Regulatory Enforcement 
Fairness Act of 1996, 5 U.S.C. 808, this rule may be made effective 
upon publication.

Paperwork Reduction Act

    This rule does not affect any information collections.

List of Subjects

7 CFR Part 700

    Agriculture, Rural areas, Soil conservation, Water pollution 
control, Water resources, Water supply, Watersheds.

7 CFR Part 702

    Agriculture, Soil conservation, Water pollution control, Water 
resources, Water supply, Watersheds.

7 CFR Part 711

    Agriculture, Marketing quotas, Oilseeds, Price support programs, 
Reporting and recordkeeping requirements.

7 CFR Part 729

    Agriculture, Agricultural commodities, Marketing quotas, Oilseeds, 
Price support programs.

7 CFR Part 752

    Agriculture, Soil conservation, Water pollution control, Water 
resources, Water supply, Watersheds, Wildlife.

7 CFR Part 755

    Agriculture, Rural areas, Soil conservation.

7 CFR Part 1413

    Agriculture, Agricultural commodities, Grains, Price support 
programs.

7 CFR Part 1446

    Agriculture, Agricultural commodities, Marketing quotas, Oilseeds, 
Price support programs.

7 CFR Part 1470

    Agriculture, Agricultural commodities, Fruits, Price support 
programs.

7 CFR Part 1479

    Agriculture, Agricultural commodities, Crop Insurance, Grains, 
Fruits.

7 CFR Part 1480

    Agricultural commodities, Aquaculture, Crop Insurance, Grains.

7 CFR Part 1481

    Agricultural commodities, Sugar.

7 CFR Part 1482

    Agricultural commodities, Grains.

CHAPTER VII--[AMENDED]

0
Accordingly, under the authorities cited in the preamble, and the 
general rulemaking authority of 5 U.S.C. 301, 7 CFR Chapter VII is 
amended by removing parts 700, 702, 711, 729, 752, 755, 1413, 1446, 
1470, 1479, 1480, 1481 and 1482.

    Signed at Washington, DC on September 6, 2006.
Teresa C. Lasseter,
Administrator, Farm Service Agency, Executive Vice President, Commodity 
Credit Corporation.
[FR Doc. 06-7678 Filed 9-14-06; 8:45 am]
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