[Federal Register: September 15, 2006 (Volume 71, Number 179)]
[Rules and Regulations]
[Page 54401-54402]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se06-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
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[[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:
Phillip.Elder@usda.gov.
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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