Proposed Rule: National Organic Program: Allowed and prohibited substances; national list

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    This section of the FEDERAL REGISTERcontains notices to the public of the proposedissuance of rules and regulations. The

    purpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.

    Proposed Rules Federal Register

    37854

    Vol. 71, No. 127

    Monday, July 3, 2006

    DEPARTMENT OF AGRICULTURE

    Agricultural Marketing Service

    7 CFR Part 205

    [Docket Number TM0604]

    RIN 0581AC61

    National Organic Program (NOP);

    Proposed Amendments to the NationalList of Allowed and ProhibitedSubstances (Crops and Livestock)

    AGENCY: Agricultural Marketing Service,USDA.

    ACTION: Proposed rule.

    SUMMARY: This proposed rule wouldamend the U.S. Department ofAgricultures (USDA) National List ofAllowed and Prohibited Substances(National List) regulations to reflectrecommendations submitted to theSecretary of Agriculture (Secretary) bythe National Organic Standards Board

    (NOSB) on August 17, 2005. Consistentwith the recommendations from theNOSB, this proposed rule would addtwo substances, along with anyrestrictive annotations, to the NationalList.

    DATES: Comments must be received byAugust 2, 2006.

    ADDRESSES: Interested persons maycomment on this proposed rule usingthe following procedures:

    Mail: Comments may be submittedby mail to: Bob Pooler, AgriculturalMarketing Specialist, National Organic

    Program, USDAAMSTMPNOP, 1400Independence Ave., SW., Room 4008So., Ag Stop 0268, Washington, DC20250.

    E-mail: Comments may besubmitted via the internet to:[email protected].

    Internet: http://www.regulations.gov.

    Fax: Comments may be submittedby fax to: (202) 2057808.

    Written comments on this proposedrule should be identified with thedocket number TM0604. Commenters

    should identify the topic and sectionnumber of this proposed rule to whichthe comment refers.

    Clearly indicate if you are for oragainst the proposed rule or someportion of it and your reason for it.Include recommended language changesas appropriate.

    Include a copy of articles or otherreferences that support your comments.Only relevant material should besubmitted.

    It is our intention to have allcomments to this proposed rule,whether submitted by mail, e-mail, orfax, available for viewing on the NOPhomepage. Comments submitted inresponse to this proposed rule will also

    be available for viewing in person atUSDAAMS, Transportation andMarketing, Room 4008South Building,1400 Independence Ave., SW.,Washington, DC, from 9 a.m. to 12 noonand from 1 p.m. to 4 p.m., Mondaythrough Friday (except official Federalholidays). Persons wanting to visit theUSDA South Building to viewcomments received in response to thisproposed rule are requested to make anappointment in advance by calling (202)7203252.

    FOR FURTHER INFORMATION CONTACT: BobPooler, Agricultural Marketing

    Specialist, Telephone: (202) 7203252;Fax: (202) 2057808.

    SUPPLEMENTARY INFORMATION:

    I. Background

    On December 21, 2000, the Secretaryestablished, within the NOP [7 CFR part205], the National List regulations( 205.600 through 205.607). TheNational List regulations identifysynthetic substances and ingredientsthat are allowed and nonsynthetic(natural) substances and ingredients thatare prohibited for use in organicproduction and handling. Under the

    authority of the Organic FoodsProduction Act of 1990 (OFPA), asamended, (7 U.S.C. 6501 et seq.), theNational List can be amended by theSecretary based on proposedamendments developed by the NOSB.Since established, the National List has

    been amended three times, October 31,2003 (68 FR 61987), November 3, 2003(68 FR 62215), and October 21, 2005 (70FR 61217). Additionally, an amendmentto the National List, proposed onSeptember 16, 2005 (70 FR 54660), iscurrently pending.

    This proposed rule would amend theNational List to reflectrecommendations submitted to theSecretary by the NOSB on August 17,2005. On August 17, 2005, the NOSBrecommended that the Secretary addone substance to 205.601 and onesubstance to 205.603 of the NationalList regulations.

    II. Overview of Proposed Amendments

    The following provides an overviewof the proposed amendments todesignated sections of the National Listregulations:

    This proposed rule would amendparagraph (e) of 205.601 of theNational List regulations by adding the

    following substance:Sucrose octanoate esters (CAS #s42922747; 58064474). Sucroseoctanoate esters (SOE) were petitionedfor use in organic crop production as aninsecticide/miticide. SOE exist as anamber-colored liquid. The mixture ofesters is manufactured from two

    biochemicalssucrose (table sugar) andan octanoic acid ester (commonly foundin plants and animals). Sucrose esterswere isolated when researchersinvestigated the insecticidal propertiesof the leaf hairs on tobacco leaves. Theactive ingredient acts by dissolving thewaxy protective coating (cuticle) of

    target pests, causing the insect or miteto dry out and die.

    Under the Federal Insecticide,Fungicide, and Rodenticide Act(FIFRA), the EPA has registered SOE asa biochemical that targets mites andcertain soft-bodied insects (e.g., aphids)at three distinct commercial sites: Foodand non-food crops, including certainornamentals; media for growingmushrooms; and adult honey bees(http://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/

    factsheet_035300.htm). In assessingrisks to human health, the EPA has

    concluded that no risks to humans areexpected from the use of SOE as apesticide active ingredient. SOE are nottoxic to mammals, but in highconcentrations, they are corrosive to theeye. To avoid irreversible eye damage,exposed workers are required to wearappropriate protective clothing. Inassessing risks to the environment, theEPA determined that no risks to theenvironment are expected from the useof SOE in pesticide products because:(a) The esters biodegrade rapidly andtherefore do not persist in the

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    mailto:[email protected]:[email protected]:[email protected]://www.regulations.gov/http://www.regulations.gov/http://www.regulations.gov/http://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmmailto:[email protected]://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.epa.gov/oppbppd1/biopesticides/ingredients/factsheets/factsheet_035300.htmhttp://www.regulations.gov/http://www.regulations.gov/
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    environment, (b) the esters are not toxicto mammals or other non-targetorganisms, (c) organisms are alreadyexposed because these sucrose esters arefound in plants, and (d) the tinyamounts used in pesticide products arenot expected to substantially increasethe amount of these esters in theenvironment.

    At its August 17, 2005, meeting inWashington, DC, the NOSBrecommended adding SOE to theNational List for use in organic cropproduction as an insecticide/miticide.In this open meeting, the NOSBevaluated SOE against the evaluationcriteria of 7 U.S.C. 6517 and 6518 of theOFPA, received public comment, andconcluded that SOE is consistent withthe OFPA evaluation criteria.

    The NOP consulted with the EPA andFood and Drug Administration (FDA) toensure that the NOSB recommendationfor the use of SOE in organic cropproduction would be consistent withFederal regulations governing the use ofthe substance. The EPA informed theNOP that the recommended use of SOEin organic crop production is consistentwith EPA regulations. The FDAconfirmed that the referenced sucroseoctanoate ester product is appropriatelylicensed by the EPA for its use.Therefore, after consultation with theEPA and FDA concerning the NOSBsrecommendation to permit the use ofSOE in organic crop production, theSecretary is proposing to accept theNOSBs recommendation and amend 205.601(e) of the National List by

    adding SOE as an insecticide as follows:Sucrose octanoate esters (CAS #s

    42922747; 58064474)inaccordance with approved labeling.

    This proposed rule would amendparagraph (b) of 205.603 of theNational List regulations by adding thefollowing substance:

    Sucrose octanoate esters (CAS #s42922747; 58064474). Sucroseoctanote esters (SOE) were petitionedfor use in organic livestock productionas an insecticide/miticide forhoneybees. Sucrose octanoate estersexist as an amber-colored liquid. The

    mixture of esters is manufactured fromtwo biochemicals-sucrose (table sugar)and an octanoic acid ester (commonlyfound in plants and animals). Sucroseesters were isolated when researchersinvestigated the insecticidal propertiesof the leaf hairs on tobacco leaves. Theactive ingredient acts by dissolving thewaxy protective coating (cuticle) oftarget pests, causing the insect or miteto dry out and die.

    Under FIFRA, the EPA has registeredSOE as a biochemical that targets mitesand certain soft-bodied insects (e.g.,

    aphids) at three distinct commercialsites: food and non-food crops,including certain ornamentals; mediafor growing mushrooms; and adulthoney bees (http://www.epa.gov/oppbppd1/biopesticides/ingredients/

    factsheets/factsheet_035300.htm). Inassessing risks to human health, theEPA has concluded that no risks to

    humans are expected from the use ofSOE as a pesticide active ingredient.SOE are not toxic to mammals, but inhigh concentrations are corrosive to theeye. To avoid irreversible eye damage,exposed workers are required to wearappropriate protective clothing. Inassessing risks to the environment, theEPA determined that no risks to theenvironment are expected from the useof SOE in pesticide products because:(a) The esters biodegrade rapidly andtherefore do not persist in theenvironment, (b) the esters are not toxicto mammals or other non-target

    organisms, (c) organisms are alreadyexposed because these sucrose esters arefound in plants, and (d) the tinyamounts used in pesticide products arenot expected to substantially increasethe amount of these esters in theenvironment.

    At its August 17, 2005, meeting inWashington, DC, the NOSBrecommended adding SOE to theNational List for use in organic livestockproduction as an insecticide/miticide.In this open meeting, the NOSBevaluated SOE against the evaluationcriteria of 7 U.S.C. 6517 and 6518 of the

    OFPA, received public comment, andconcluded that SOE is consistent withthe OFPA evaluation criteria.

    The NOP consulted with the EPA andFDA to ensure that the NOSBrecommendation for the use of SOE inorganic livestock production would beconsistent with Federal regulationsgoverning the use of the substance. TheEPA informed the NOP that therecommended use of SOE in organiclivestock production is consistent withEPA regulations. The FDA confirmedthat the referenced sucrose octanoateester product is appropriately licensed

    by the EPA for such use. Therefore, afterconsultation with the EPA and FDAconcerning the NOSBsrecommendation to permit the use ofSOE in organic livestock production, theSecretary is proposing to accept theNOSBs recommendation and amend 205.603(b) of the National List byadding SOE as an external parasiticideas follows:

    Sucrose octanoate esters (CAS #s42922747; 58064474)inaccordance with approved labeling.

    Recommendation Not Accepted

    Chitosan (Poly-D Glucosamine) (CAS#90127604). Chitosan waspetitioned for use in organic cropproduction as an adhesive adjuvant to

    be used with fungicides approved foruse under the NOP regulations.Chitosan is a polymer of glucosaminesugars, specifically glucosamine and N-acetyl-glucosamine. Its structure andcomposition are similar to bothcellulose (i.e., the primary structuralcomponent of plant fiber) and chitin.Like chitin, chitosan is found naturallyin the shells of all crustaceans andinsects, as well as certain otherorganisms such as many fungi, algae,and yeast. Chitosan is a chemicallystable, white to pale yellow powder orflake. It has a strong positive charge,which is the basis of its use as asticking agent (i.e., an adhesiveadjuvant). The positively chargedmolecules adhere to negatively charged

    pesticides and plant surfaces. In thepetition for the use of chitosan, as anadjuvant, the proposed rate ofapplication is 0.011 pounds of chitosanper 20 gallons of water; it is adequate toapply on 1 acre.

    Under the FIFRA, the EPA hasregistered chitosan as a biopesticide thatis used primarily as a plant growthenhancer, and as a substance that booststhe ability of plants to defend againstfungal infections, including early andlate blight, downy and powderymildew, and gray mold. The EPA hasapproved its use outdoors and indoors

    on many plants grown commerciallyand by consumers. Chitosan is normallysprayed on leaves of plants throughoutgrowing season, with applications everyone to two weeks as needed. Inassessing risks to human health, theEPA has concluded that no risks tohumans are expected when productscontaining chitosan are used accordingto label directions. In assessing risks tothe environment, the EPA determinedthat no risks to the environment areexpected because chitosan has notshown toxicity in mammals, it isabundant in nature, and it is used in

    tiny amounts.At its August 17, 2005, meeting inWashington, DC, the NOSBrecommended adding chitosan to theNational List for use in organic cropproduction as an insecticide, with therestriction that it only be used as anadjuvant. In this open meeting, theNOSB evaluated chitosan against theevaluation criteria of 7 U.S.C. 6517 and6518 of the OFPA, received publiccomment, and concluded that chitosanis consistent with the OFPA evaluationcriteria.

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    The NOSB restricted the use ofchitosan to an adjuvant only, due to thefact that chitosan could also be used asa plant defense booster and plantgrowth enhancer. As a plant growthenhancer, the mode of action is believedto be that chitosan is taken up by plantcells where it enters the cell nucleusand stimulates messenger ribonucleic

    acid and enzyme production. Thisaction stimulates the plant to producemore lignin in the stems, resulting instronger stems. However, as anadjuvant, the application rate ofchitosan would be approximately 0.011pounds per 20 gallons of water. At sucha rate, chitosan would be unlikely to actas a defense booster and plant growthenhancer. It is also unlikely that itwould create unacceptable changes insoil temperature, water availability, pHlevels, nutrient availability, or saltconcentration.

    The NOP consulted with the EPA

    concerning the NOSBsrecommendation to include chitosan onthe National List. The EPA informed theNOP that for the petitioned use ofchitosan, as an adjuvant, the substancewould not be considered an activeingredient, but an inert ingredient. TheEPA further stated that, in addition tochitosan being registered as an activeingredient, it is also approved as an EPAList 4B inert ingredient. The NOPregulations, at 205.601(m), permits theuse of EPA List 4 inert ingredients withnonsynthetic substances or syntheticsubstances approved for use under theNOP regulations as an active pesticide

    ingredient. As a result, the NOP will notpropose to specifically add chitosan tothe National List as an adjuvant; it isalready permitted for use at 205.601(m) of the National Listregulations.

    III. Related Documents

    One notice was published regardingthe meeting of the NOSB and itsdeliberations on recommendations andsubstances petitioned for amending theNational List. Substances andrecommendations included in thisproposed rule were announced for

    NOSB deliberation in Federal RegisterNotice 70 FR 43116, July 26, 2005.

    IV. Statutory and Regulatory Authority

    The OFPA, as amended (7 U.S.C. 6501et seq.), authorizes the Secretary tomake amendments to the National List

    based on proposed amendmentsdeveloped by the NOSB. Sections6518(k)(2) and 6518(n) of OFPAauthorize the NOSB to developproposed amendments to the NationalList for submission to the Secretary andestablish a petition process by which

    persons may petition the NOSB for thepurpose of having substances evaluatedfor inclusion on or deletion from theNational List. The National List petitionprocess is implemented under 205.607of the NOP regulations. The currentpetition process (65 FR 43259) can beaccessed through the NOP Web site athttp://www.ams.usda.gov/nop.

    A. Executive Order 12866

    This action has been determined notsignificant for purposes of ExecutiveOrder 12866, and therefore, has not

    been reviewed by the Office ofManagement and Budget.

    B. Executive Order 12988

    Executive Order 12988 instructs eachexecutive agency to adhere to certainrequirements in the development of newand revised regulations in order to avoidunduly burdening the court system.This proposed rule is not intended tohave a retroactive effect.

    States and local jurisdictions arepreempted under section 2115 of theOFPA (7 U.S.C. 6514) from creatingprograms of accreditation for privatepersons or State officials who want to

    become certifying agents of organicfarms or handling operations. Agoverning State official would have toapply to USDA to be accredited as acertifying agent, as described in section2115(b) of the OFPA (7 U.S.C. 6514(b)).States are also preempted undersections 2104 through 2108 of the OFPA(7 U.S.C. 6503 through 6507) fromcreating certification programs to certify

    organic farms or handling operationsunless the State programs have beensubmitted to, and approved by, theSecretary as meeting the requirements ofthe OFPA.

    Pursuant to section 2108(b)(2) of theOFPA (7 U.S.C. 6507(b)(2)), a Stateorganic certification program maycontain additional requirements for theproduction and handling of organicallyproduced agricultural products that areproduced in the State and for thecertification of organic farm andhandling operations located within theState under certain circumstances. Such

    additional requirements must: (a)Further the purposes of the OFPA, (b)not be inconsistent with the OFPA, (c)not be discriminatory towardagricultural commodities organicallyproduced in other States, and (d) not beeffective until approved by theSecretary.

    Pursuant to section 2120(f) of theOFPA (7 U.S.C. 6519(f)), this proposedrule would not alter the authority of theSecretary under the Federal MeatInspection Act (21 U.S.C. 601 et seq.),the Poultry Products Inspections Act (21

    U.S.C. 451 et seq.), or the Egg ProductsInspection Act (21 U.S.C. 1031 et seq.),concerning meat, poultry, and eggproducts, nor any of the authorities ofthe Secretary of Health and HumanServices under the Federal Food, Drugand Cosmetic Act (21 U.S.C. 301 etseq.), nor the authority of theAdministrator of EPA under the Federal

    Insecticide, Fungicide and RodenticideAct (7 U.S.C. 136 et seq.).

    Section 2121 of the OFPA (7 U.S.C.6520) provides for the Secretary toestablish an expedited administrativeappeals procedure under which personsmay appeal an action of the Secretary,the applicable governing State official,or a certifying agent under this title thatadversely affects such person or isinconsistent with the organiccertification program established underthis title. The OFPA also provides thatthe U.S. District Court for the district inwhich a person is located has

    jurisdiction to review the Secretarysdecision.

    C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA)(5 U.S.C. 601 et seq.) requires agenciesto consider the economic impact of eachrule on small entities and evaluatealternatives that would accomplish theobjectives of the rule without unduly

    burdening small entities or erectingbarriers that would restrict their abilityto compete in the market. The purposeis to fit regulatory actions to the scale of

    businesses subject to the action. Section605 of the RFA allows an agency to

    certify a rule, in lieu of preparing ananalysis, if the rulemaking is notexpected to have a significant economicimpact on a substantial number of smallentities.

    Pursuant to the requirements set forthin the RFA, the Agricultural MarketingService (AMS) performed an economicimpact analysis on small entities in thefinal rule published in the FederalRegister on December 21, 2000 (65 FR80548). The AMS has also consideredthe economic impact of this action onsmall entities. The impact on entitiesaffected by this proposed rule would not

    be significant. The effect of thisproposed rule would be to allow the useof additional substances in agriculturalproduction and handling. This actionwould relax the regulations publishedin the final rule and would providesmall entities with more tools to use inday-to-day operations. The AMSconcludes that the economic impact ofthis addition of allowed substances, ifany, would be minimal and entirely

    beneficial to small agricultural servicefirms. Accordingly, USDA certifies thatthis rule will not have a significant

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    economic impact on a substantialnumber of small entities.

    Small agricultural service firms,which include producers, handlers, andaccredited certifying agents, have beendefined by the Small BusinessAdministration (SBA) (13 CFR 121.201)as those having annual receipts of lessthan $6,500,000 and small agricultural

    producers are defined as those havingannual receipts of less than $750,000.This proposed rule would have animpact on a substantial number of smallentities.

    The U.S. organic industry at the endof 2001 included nearly 6,949 certifiedorganic crop and livestock operations.These operations reported certifiedacreage totaling more than 2.09 millionacres of organic farm production. Dataon the numbers of certified organichandling operations (any operation thattransforms raw product into processedproducts using organic ingredients)were not available at the time of surveyin 2001; but they were estimated to bein the thousands. By the end of 2004,the number of certified organic crop,livestock, and handling operationstotaled nearly 11,400 operations. Basedon 2003 data, certified organic acreageincreased to 2.2 million acres.

    U.S. sales of organic food andbeverages have grown from $1 billion in1990 to an estimated $12.2 billion in2004. Organic food sales are projected toreach $14.5 billion for 2005; total U.S.organic sales, including nonfood uses,are expected to reach $15 billion in2005. The organic industry is viewed as

    the fasting growing sector of agriculture,representing 2 percent of overall foodand beverage sales. Since 1990, organicretail sales have historicallydemonstrated a growth rate between 20to 24 percent each year. This growthrate is projected to decline and fall to arate of 5 to 10 percent in the future.

    In addition, USDA has accredited 94certifying agents who have applied toUSDA to be accredited in order toprovide certification services toproducers and handlers. A complete listof names and addresses of accreditedcertifying agents may be found on the

    AMS NOP Web site, at http://www.ams.usda.gov/nop.AMS believesthat most of these entities would beconsidered small entities under thecriteria established by the SBA.

    D. Paperwork Reduction Act

    No additional collection orrecordkeeping requirements areimposed on the public by this proposedrule. Accordingly, OMB clearance is notrequired by section 350(h) of thePaperwork Reduction Act of 1995, 44U.S.C. 3501, et seq., or OMBs

    implementing regulations at 5 CFR part1320.

    AMS is committed to compliancewith the Government PaperworkElimination Act (GPEA), which requiresGovernment agencies in general toprovide the public the option ofsubmitting information or transacting

    business electronically to the maximum

    extent possible.

    E. General Notice of Public Rulemaking

    This proposed rule reflectsrecommendations submitted to theSecretary by the NOSB. The 2substances proposed to be added to theNational List were based on petitionsfrom the industry. The NOSB evaluatedeach petition using criteria in the OFPA.Because these substances are critical toorganic production and handlingoperations, producers and handlersshould be able to use them in theiroperations as soon as possible. A 30 day

    period for interested persons tocomment on this rule is provided.

    List of Subjects in 7 CFR Part 205

    Administrative practice andprocedure, Agriculture, Animals,Archives and records, Imports, Labeling,Organically produced products, Plants,Reporting and recordkeepingrequirements, Seals and insignia, Soilconservation.

    For the reasons set forth in thepreamble, 7 CFR part 205, subpart G isproposed to be amended as follows:

    PART 205NATIONAL ORGANICPROGRAM

    1. The authority citation for 7 CFRpart 205 continues to read as follows:

    Authority: 7 U.S.C. 65016522.

    2. In 205.601 a new paragraph (e)(9)is added to read as follows:

    205.601 Synthetic substances allowedfor use in organic crop production.

    * * * * *(e) * * *(9) Sucrose octanoate esters (CAS #s

    42922747; 58064474)in

    accordance with approved labeling.* * * * *

    3. In 205.603 a new paragraph (b)(7)is added to read as follows:

    205.603 Synthetic substances allowedfor use in organic livestock production.

    * * * * *(b) * * *(7) Sucrose octanoate esters (CAS #s

    42922747; 58064474)inaccordance with approved labeling.

    * * * * *

    Dated: June 26, 2006.

    Lloyd C. Day,

    Administrator, Agricultural MarketingService.

    [FR Doc. E610393 Filed 63006; 8:45 am]

    BILLING CODE 341002P

    DEPARTMENT OF AGRICULTURE

    Commodity Credit Corporation

    7 CFR Part 1421

    RIN 0560AH52

    Storage Requirements for GrainSecurity for Marketing AssistanceLoans

    AGENCY: Commodity Credit Corporation,USDA.

    ACTION: Proposed rule.

    SUMMARY: This rule proposes changes to

    the regulations governing the MarketingAssistance Loan Programs of theCommodity Credit Corporation (CCC)that are authorized by the Farm Securityand Rural Investment Act of 2002 (2002Act). CCC is proposing to no longerrequire a Federally-licensed warehouseoperator, or in a State with a warehouselicensing programs, a State-licensedwarehouse operator to execute a CCCstorage agreement. Nothing in thisproposed rule will affect theadministration of the United StatesWarehouse Act by USDA.

    DATES: Comments should be received on

    or before August 2, 2006.ADDRESSES: CCC invites interestedpersons to submit comments on thisproposed rule and on the collection ofinformation required to administer theaffected regulations. Comments may besubmitted by any of the followingmethods:

    E-Mail: Send comments to:[email protected].

    Fax: Submit comments by facsimiletransmission to: (202) 6901536.

    Mail: Send comments to: Director,Price Support Division, Farm ServiceAgency, United States Department of

    Agriculture (USDA), Room 4095S,1400 Independence Avenue, SW.,Washington, DC 202500512.

    Hand Delivery or Courier: Delivercomments to the above address.

    Federal Rulemaking Portal: Go tohttp://www.regulations.gov.Follow theonline instructions for submittingcomments.

    All written comments will beavailable for public inspection at theabove address during business hoursfrom 8 a.m. to 5 p.m., Monday throughFriday.

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