[Federal Register: August 25, 2004 (Volume 69, Number 164)]
[Rules and Regulations]
[Page 52167-52169]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au04-3]
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
7 CFR Part 1434
RIN 0560-AH17
Nonrecourse Marketing Assistance Loan and Loan Deficiency Payment
Regulations for Honey
AGENCY: Commodity Credit Corporation, USDA.
ACTION: Interim final rule.
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SUMMARY: This interim final rule amends the regulations governing the
Honey Nonrecourse Marketing Assistance Loan (MAL) and Loan Deficiency
Payment (LDP) Programs of the Commodity Credit Corporation (CCC). This
rule allows honey pledged as collateral for securing an MAL or to be
eligible for an LDP to be stored in CCC-approved, five-gallon plastic
storage containers, in addition to the plastic Intermediate Bulk
Containers already allowed, metal containers, and steel containers.
This rule is intended to increase the storage options for honey
producers that participate in the MAL and LDP programs.
DATES: This rule is effective August 25, 2004. Comments on this rule
must be
[[Page 52168]]
received on or before October 25, 2004 in order to be assured of
consideration. Comments received after that date may be considered to
the extent practicable.
ADDRESSES: The Farm Service Agency invites interested persons to submit
comments on this interim final rule. Comments may be submitted by any
of the following methods:
E-Mail: Send comments to Kimberly_Graham@wdc.usda.gov.
Fax: Submit comments by facsimile transmission to (202)
690-3307.
Mail: Send comments to Grady Bilberry, Director, Price
Support Division (PSD), Farm Service Agency, United States Department
of Agriculture (USDA), STOP 0512, Room 4095-S, 1400 Independence
Avenue, SW., Washington, DC 20250-0512.
Hand Delivery or Courier: Deliver comments to the above
address.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Comments may be inspected in the Office of the Director, PSD, FSA,
USDA, Room 4095-S, 1400 Independence Avenue, SW., Washington, DC,
between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. A
copy of this rule is available on the PSD home page at http://www.fsa.usda.gov/dafp/psd.
All comments will become a matter of public
record, including the name, mailing address, and e-mail address of the
commenting party.
FOR FURTHER INFORMATION CONTACT: Kimberly Graham, (202) 720-9154, e-
mail: Kimberly.Graham@wdc.usda.gov. 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 allows honey stored in CCC-approved, 5-gallon plastic
containers to be eligible for MAL's and LDP's. This change will make
CCC regulations more consistent with marketing practices in the honey
industry, especially 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. However, producers of smaller quantities of honey, who
normally market through local channels like farmer markets or local
groceries, often store it in smaller plastic containers, which are
significantly less expensive than metal drums or IBC's. Producers who
use these smaller plastic containers are currently not eligible for
honey MAL's and LDP's. CCC has determined that storing honey in 5-
gallon plastic containers is a normal marketing practice, and their use
does not increase the risk to the honey loan collateral. Thus, this
rule provides that honey stored in CCC-approved, 5-gallon plastic
containers is eligible for MAL's and LDP's, and requests public comment
on this change.
Notice and Comment
Section 1601(c) of the Farm Security and Rural Investment Act of
2002 (2002 Act) provides that the regulations needed to implement Title
I of the 2002 Act, including those involved here, may be promulgated
without regard to the notice and comment provisions of 5 U.S.C. 553 or
the Statement of Policy of the Secretary of Agriculture effective July
24, 1971, (36 FR 13804) relating to notices of proposed rulemaking and
public participation in rulemaking. Because this rule involves
technical storage and packaging requirements, it was determined to be
in the public's interest to solicit comments on the rule. The rule is
effective upon publication in order to benefit producers in 2004, and
because the rule is consistent with commercial storage practices used,
under limited circumstances, for years.
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 the Farm Service Agency (FSA) 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 concluded
that the rule requires no further environmental review because it is
categorically excluded. No extraordinary circumstances or other
unforeseeable factors exist which would require preparation of an
environmental assessment or environmental impact statement.
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(c) of the 2002 Act provides that the promulgation of
regulations and the administration of Title I of the 2002 Act shall be
made without regard to chapter 5 of title 44 of the United States Code
(the Paperwork Reduction Act). Accordingly, these regulations and the
forms and other information collection activities needed to administer
the program authorized by 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
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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.
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 LDP
REGULATIONS FOR HONEY
0
1. The authority citation for part 1434 continues to read as follows:
Authority: 7 U.S.C. 7931.
0
2. Amend Sec. 1434.8 by revising paragraphs (a) and (b)(4) to read as
follows:
Sec. 1434.8 Containers and drums.
(a)(1) To be eligible for assistance under this part, honey must be
packed in:
(i) CCC-approved, 5-gallon plastic containers;
(ii) 5-gallon metal containers;
(iii) Steel drums with a capacity not less than 5 gallons nor
greater than 70 gallons, or
(iv) Plastic Intermediate Bulk Containers (IBC's).
(2) Honey stored in plastic containers must be determined safe and
secure from all possibility of contamination.
(3) Honey storage containers used for these purposes must meet
requirements of the Federal Food, Drug and Cosmetic Act, as amended and
other specified requirements, as determined by CCC and must be
generally fit for the purpose for which they are to be used.
(4) CCC-approved 5-gallon plastic containers must hold
approximately 60 pounds of honey. The containers must be free and clear
of leakage and punctures and of suitable purity for food contact use
and meet food storage standards as provided by CCC. Plastic containers
must be new or previously used only to store honey. Plastic containers
previously used to store chemicals, pesticides, or any other product or
substance other than honey are ineligible for honey storage. The handle
of each container must be firm and strong enough to permit carrying the
filled container. The cover opening must not be damaged in any way that
will prevent a tight seal. Containers that have been punctured and
resealed will not be acceptable;
(5) The 5-gallon metal containers must hold approximately 60 pounds
of honey, and must be new, clean, sound, uncased, and free from
appreciable dents and rusts. The handle of each container must be firm
and strong enough to permit carrying the filled container. The cover
and container opening must not be damaged in any way that will prevent
a tight seal. Containers that are punctured or have been punctured and
resealed by soldering will not be acceptable; and
(6) The steel drums must be an open type and filled no closer than
2 inches from the top of the drums. Drums must be new or must be used
drums that have been reconditioned inside and outside. Drums must be
clean, treated inside and outside to prevent rusting, fitted with
gaskets that provide a tight seal and have an inside coating suitable
for honey storage.
(7) IBC's are bulk containers with a polyethylene inner bottle and
a galvanized steel protective cage, a capacity of either 275 or 330
gallons, and are reusable. IBC's must be clean, sound and provide a
tight seal.
(b) * * *
(4) Containers that do not meet the specified requirements of
paragraph (a) of this section or other CCC specifications or
requirements.
* * * * *
Signed in Washington, DC, on July 6, 2004.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 04-19401 Filed 8-24-04; 8:45 am]
BILLING CODE 3410-05-P