Oil and Gas Leasing EIS on Lands Administered by the Dixie National Forest
The Forest Supervisor of the Dixie National Forest gives notice of the intent to prepare an environmental impact statement (EIS) to document the analysis and disclose the environmental and human effects of oil and gas leasing on lands administered by the Dixie National Forest. The Federal Onshore Oil and Gas Leasing Reform Act of 1987 requires the Forest Service to evaluate National Forest System lands for potential oil and gas leasing. The EIS would analyze all lands with a federally-owned mineral estate within the Dixie National Forest. As the agency responsible for lease issuance and administration, the Bureau of Land Management (BLM) will participate as a cooperating agency.
Milk in the Northeast and Other Marketing Areas; Interim Order Amending the Orders
This order amends the manufacturing (make) allowances contained in the Class III and Class IV product price formulas applicable to all Federal milk marketing orders. Specifically, this decision adopts the following make allowances: cheese$0.1682 per pound; butter$0.1202 per pound; nonfat dry milk (NFDM)$0.1570 per pound; and dry whey$0.1956 per pound. More than the required number of producers have approved the issuance of the interim orders as amended.
Newspapers Used for Publication of Legal Notice of Appealable Decisions for the Northern Region; Northern Idaho, Montana, North Dakota, and portions of South Dakota and Eastern Washington
This notice lists the newspapers that will be used by all Ranger Districts, Forests, Grasslands, and the Regional Office of the Northern Region to publish legal notices for public comment and decisions subject to appeal and predecisional administrative review under 36 CFR 215, 217, and 218. The intended effect of this action is to inform interested members of the public which newspapers will be used to publish legal notices for public comment or decisions; thereby allowing them to receive constructive notice of a decision, to provide clear evidence of timely notice, and to achieve consistency in administering the appeals process.
Interstate Movement of Garbage from Hawaii; Availability of a Pest Risk Assessment and an Environmental Assessment and Finding of No Significant Impact
We are advising the public that a pest risk assessment and an environmental assessment and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to a request to allow the interstate movement of garbage from Hawaii to a landfill in the State of Washington. The pest risk assessment evaluates the risks associated with the interstate movement of garbage from Hawaii to Washington. The environmental assessment examines the potential environmental effects associated with moving garbage interstate from Hawaii to Washington, subject to certain pest risk mitigation measures and documents our review and analysis of the environmental impacts associated with, and alternatives to, the action. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.
Data Collection, Reporting and Recordkeeping Requirements Applicable to Cranberries Not Subject to the Cranberry Marketing Order; Suspension of Provisions Under 7 CFR Part 926
This rule suspends Part 926 in the Code of Federal Regulations, which requires persons engaged in the handling or importation of fresh cranberries or cranberry products, but not subject to the reporting requirements of the Federal cranberry marketing order (7 CFR Part 929), to report sales, acquisition, and inventory information to the Cranberry Marketing Committee (Committee), and to maintain adequate records of such activities. The establishment of these requirements is authorized under section 8(d) of the Agricultural Marketing Agreement Act of 1937 (Act). The Committee, which administers marketing order 929, regulating the handling of cranberries grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York, has been delegated by the Department of Agriculture (USDA) to collect such information authorized under Part 926. Based on information provided by the Committee, USDA has determined that the collection of information under Part 926 is of marginal benefit to the industry and should be suspended.
Nectarines and Peaches Grown in California; Temporary Suspension of Provisions Regarding Continuance Referenda Under the Nectarine and Peach Marketing Orders
This rule temporarily suspends order provisions that require continuance referenda to be conducted for the nectarine and peach marketing orders during winter 2006-07. The suspensions will enable the Department of Agriculture (USDA) to postpone conducting the continuance referenda until the industry has had sufficient time to evaluate the effects of recent amendments to the marketing orders. Temporary suspension of the continuance referenda should also minimize confusion during the upcoming committee nomination period, which overlaps with the scheduled referenda period.
United States Standards for Grades of Cantaloups
The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Cantaloups. AMS has been reviewing the Fresh Fruit and Vegetable grade standards for usefulness in serving the industry. As a result, AMS has identified the United States Standards for Grades of Cantaloups for possible revisions. AMS is considering revising the (Application of Tolerances( section in the U.S. standards. Additionally, the (Unclassified( category would be eliminated from the standards. AMS is seeking comments on these proposed changes that may better serve the industry.
Nectarines and Peaches Grown in California; Revision of Regulations on Production Districts, Committee Representation, and Nomination Procedures
This rule revises the administrative rules and regulations that define production districts, allocate committee membership, and specify nomination procedures for the Nectarine Administrative Committee (NAC) and the Peach Commodity Committee (PCC) (committees). The committees are responsible for local administration of the Federal marketing orders (orders) for fresh nectarines and peaches grown in California, respectively. This rule also revises the committees' mailing address. These revisions are necessary to bring the orders' administrative rules and regulations into conformance with the recently amended order provisions.
Caribou-Targhee National Forest, ID, WY and UT, Caribou Oil and Gas Leasing EIS
The Caribou-Targhee National Forest gives notice of the intent to prepare an environmental impact statement (EIS) to document the analysis and disclose the anticipated environmental and human effects of oil and gas leasing on the Caribou administrative unit of the Forest and the Curlew National Grassland in southeast Idaho, with minor amounts of land in northern Utah and western Wyoming. The Federal Onshore Oil and Gas Leasing Reform Act of 1987 (FOOGLRA) requires the Forest Service to evaluate National Forest System (NFS) lands for potential oil and gas leasing. As the agency responsible for lease issuance and administration, the Bureau of Land Management (BLM) will participate as a cooperating agency.
Tripod Fire Salvage Project, Okanogan and Wenatchee National Forests, Okanogan County, WA
Notice is hereby given that the USDA Forest Service will prepare an Environmental Impact Statement (EIS) for a proposal to recover the economic value through salvage harvest of dead and dying trees damaged in the Tripod Complex Fire, to remove potential hazard trees from open roads, and to reforest salvage harvest units within specified drainages of the Methow Valley and Tonasket Ranger Districts, Okanogan and Wenatchee National Forests. Details of the proposal are further described in the SUPPLEMENTARY INFORMATION section below. Approximately 2,800 acres would be treated in the proposed project area. The analysis area encompasses a portion of the burned area in the Middle Fork Beaver Creek, Lightning Creek, Chewuch River, Ramsey Creek, Boulder Creek, North Fork Boulder Cree, Bromas Creek, Brevucinus Creek, Twentymile Creek, Pelican Creek, McCay Creek, Granite Creek, Cedar Creek, and Cabin Creek drainages, along Road 37 and Road 39 within the fire boundary, and includes parts of the following townships: T34N, R23E; T34N, R24E; T35N, R22E; T35N, R23E; T35N, R24E; T36N, R22E; T36N, R23E; T36N, R24E; T37N, R22E; T37N, R23E; T38N, R23E; and T39N, R23E; Williamette Meridian. The Tripod Complex Fire, located five miles northeast of Winthrop, Washington, burned approximately 175,000 acres across mixed ownership in July to September 2006. Approximately 164,000 acres were on National Forest System lands administered by the Methow Valley Ranger District and the Tonasket Ranger District, Okanogan and Wenatchee National Forests. The purpose of the EIS will be to evaluate a range of reasonable alternatives for this proposal and take public comment on the analysis. The direction in the amended Okanogan National Forest Land and Resource Management Plan (Forest Plan) provides the overall guidance for management of National Forest System lands included in this proposal.
Kaibab National Forest; Arizona; Warm Fire Recovery Project
This project would address part of the overall restoration needs for the approximately 40,000 acres that burned in June through July 2006 in the fire suppression area of the Warm Fire. Specifically, this proposal includes salvage of approximately 84.5 million board feet (MMBF) (168,987 hundred cubic feet) of fire killed timber on approximately 9,990 acres and reforestation through planting conifers on approximately 14,690 acres, while allowing approximately 4,050 acres to naturally reforest with quaking aspen.
United States Standards for Soybeans
In a final rule published in the Federal Register on September 6, 2006, we amended regulations concerning the United States Standards for Soybeans. The final rule contained an error in the rule portion; inadvertently, footnote reference numbers were left off of Table 17 in 7 CFR 800.86. This document corrects that error.
Common Crop Insurance Regulations, Millet Crop Insurance Provisions
The Federal Crop Insurance Corporation (FCIC) proposes to amend the Common Crop Insurance Regulations, Millet Crop Insurance Provisions to remove the reduction in indemnity for any unharvested millet acreage to better meet the needs of insured producers. The changes will apply for the 2008 and succeeding crop years.
Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2
This rule modifies the grade and maturity requirements for potatoes handled under the Colorado potato marketing order, Area No. 2. The marketing order regulates the handling of Irish potatoes grown in Colorado and is administered locally by the Colorado Potato Administrative Committee, Area No. 2 (Committee). This rule relaxes the minimum grade requirement from U.S. No. 1 grade to U.S. Commercial grade for all Area No. 2 potato varieties, other than round, red- skinned varieties, measuring from 1 \1/2\-inch minimum diameter to 2 \1/4\-inch maximum diameter (size B), and 1-inch minimum diameter to 1 \3/4\-inch maximum diameter. This rule also changes from August 25 to August 1 of each year the date minimum maturity requirements are implemented. These changes are intended to facilitate the handling and marketing of Colorado Area No. 2 potatoes.
Central Kupreanof Timber Harvest Environmental Impact Statement
The Department of Agriculture, Forest Service, will prepare an Environmental Impact Statement (EIS) on a proposal to harvest timber and to develop a road management plan for the Central Kupreanof Timber Harvest on the northwest and central part of Kupreanof Island, on the Petersburg Ranger Districts, Tongass National Forest. The proposed action provides for multiple timber sale opportunities and will result in the production of approximately 40 million board feet (mmbf) of timber from approximately 2,025 acres of forested land. Up to 11.1 miles of new forest system road and up to 7.0 miles of temporary road may be necessary for timber harvest. A range of alternatives, responsive to significant issues, will be developed and will include a no action alternative. The existing log transfer facility (LTF) at Little Hamilton in Hamilton Bay would be used. This project is within the Mitkof/Kupreanof biogeographic province. The Record of Decision will disclose whether and where the Forest Supervisor has decided to provide timber harvest units, roads and associated timber harvesting facilities.
Procedures for Third Party Facilitated Land Exchanges
The Forest Service is issuing an interim directive to Forest Service Handbook (FSH) 5409.13Land Acquisition Handbook to provide additional guidance to its employees for using third party facilitators in a real estate action.
Forest Service Interim Guidelines for Tribal Forest Protection Act
On December 13, 2005, the Forest Service issued an interim directive to provide guidance for Tribal Forest Protection Act (TFPA) proposals. This interim directive provides internal administrative direction to guide Forest Service employees in planning, implementing, and monitoring TFPA proposals. The interim directive is issued to Forest Service Handbook (FSH) 2409.19, Renewable Resources Handbook, Chapter 60, Stewardship Contracting, as Interim Directive No. 2409.19- 2005-2 and can be found at http://www.fs.fed.us/spf/tribalrelations/. This direction was developed to implement the provisions as authorized in Public Law 108-278, Tribal Forest Protection Act. The agency is requesting comment on this interim directive to ensure that the public has the opportunity to comment on the implementation of this new authority. The public's comments will be considered prior to development of final agency policy.
Forestry Research Advisory Council
The Forestry Research Advisory Council will meet in Madison, WI, January 23-25, 2007. The purpose of the meeting is to discuss emerging issues in forestry research.
United States Standards for Grades of Parsley
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is soliciting comments on its proposal to revise the United States Standards for Grades of Parsley. AMS is proposing to revise the standards to allow percentages to be determined by count rather than weight. AMS is also proposing to eliminate the unclassified category. The proposed revisions would bring the standards for parsley in line with current marketing practices, thereby improving the usefulness in serving the industry.
Section 610 Review; Egg Research and Promotion Program
This document summarizes the results of an Agricultural Marketing Service's (AMS) review of the Egg Research and Promotion Program (conducted under the Egg Research and Promotion Order), under the criteria contained in Section 610 of the Regulatory Flexibility Act (RFA). Based upon its review, AMS has determined that the Order should be continued without change.
Blueberry Promotion, Research, and Information Order; Amendment No. 2 to Change the Name of the U.S.A. Cultivated Blueberry Council and Increase Membership; Correction
The Agricultural Marketing Service published in the Federal Register on August 7, 2006, a final rule that changed the title of the U.S.A. Cultivated Blueberry Council (USACBC) to the ``U.S. Highbush Blueberry Council'' (Council) and added a member and alternate to represent the state of Washington. However, inaccurate amendatory language was used to make the change to the Council's name. In addition, an incorrect acronym used in Sec. 1218.78 prevented its removal and replacement and a heading preceding Sec. 1218.40 in the final rule was published with a repetitive word. This document corrects the error.
Control of Viral Hemorrhagic Septicemia; Public Meetings
We are advising the public that the Animal and Plant Health Inspection Service's Veterinary Services program will host four public meetings to present current information about the outbreaks of viral hemorrhagic septicemia (VHS) and actions taken to prevent the spread of this fish disease, and to discuss issues concerning possible regulation of VHS by the Agency.
Potato Research and Promotion Plan; Amendment of Administrative Committee Structure
This rule amends the structure of the Administrative Committee (Committee) of the National Potato Promotion Board (Board) as prescribed in the Potato Research and Promotion Plan by increasing the number of Vice-Chairperson positions on the Committee from six to seven. The change is intended to more closely correlate the Committee's representation with potato production in the Northwest districta five state region which accounts for more than half of all U.S. potato production.
Avocados Grown in South Florida; Suspension of Weekly Handler Reporting Requirements
This rule changes the reporting requirements currently prescribed under the marketing order for avocados grown in South Florida (order). The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This rule indefinitely suspends the weekly handler reporting requirements specified under the order. The information from the weekly reports is no longer being used by the industry or the Committee staff and the germane information is available from other sources. This action reduces the reporting burden on handlers, while aligning information collection requirements with the needs of the industry.
Commodity Credit Corporation Information Collection; Noninsured Crop Disaster Assistance Program
In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency and the Commodity Credit Corporation are seeking comments from all interested individuals and organizations on the extension of a currently approved information collection used in support of the Noninsured Crop Disaster Assistance Program (NAP). The information collected is needed to determine eligibility to obtain NAP assistance.
Advisory Committee on Emerging Markets: Nominations
Notice is hereby given that nominations are being sought for twenty (20) qualified persons to serve on the Advisory Committee on Emerging Markets (the Committee). The role of the Committee is to provide information and advice, based upon knowledge and expertise of the members, useful to the Department of Agriculture (USDA) in implementing the Emerging Markets Program (EMP). The Committee also advises USDA on ways to increase the involvement of the U.S. private sector in emerging markets in food and rural business systems and reviews proposals submitted to the Program for funding technical assistance activities.
Glenn/Colusa County Resource Advisory Committee
The Glenn/Colusa County Resource Advisory Committee (RAC) will meet in Willows, California. Agenda items covered include: (1) Introductions, (2) Approval of Minutes, (3) Public Comment, (4) Status of Funding, (5) General Discussion (6) Status of Legislation, (7) Next Agenda.
Flathead National Forest, Swan Lake Ranger District, Montana; Cooney McKay Project Environmental Impact Statement
The Forest Service will prepare an Environmental Impact Statement (EIS) for a proposal to harvest timber, reduce hazardous forest fuels, and construct temporary roads within the Cooney McKay Project area. The project area is approximately 35 miles southeast of Bigfork, Montana, in the vicinity of the community of Condon, Montana. The Forest Service is seeking further information and comments from Federal, State, and local agencies and other individuals or organizations that maybe interested in or affected by the proposed actions. These comments will be used to prepare the draft EIS.
Opal Creek Scenic Recreation Area (SRA) Advisory Council; Notice of Meeting.
Opal Creek Scenic Recreation Area Advisory Council meetings will convene in Stayton, Oregon on Wednesday, January 24, 2007 and March 28, 2007. These meetings are scheduled to begin at 6:30 p.m., and will conclude at approximately 8:30 p.m. Meetings will be held in the South Room of the Stayton Community Center located on 400 West Virginia Street in Stayton, Oregon. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include the mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for the SRA, and consults on a periodic and regular basis on the management of the area. Tentative agenda items include: Subcommittees reports and recommendations, and Three Pools Site Rehabilitation Project Update. A direct public comment period is tentatively scheduled to begin at 8 p.m. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to scheduled meetings by sending them to Designated Federal Official Paul Matter at the address given below.
Lake Tahoe Basin Federal Advisory Committee
The Lake Tahoe Basin Federal Advisory Committee will hold a meeting on January 17, 2007 at The Creekside Room, Lake Tahoe Community College, One College Drive, South Lake Tahoe, CA 96150. This Committee, established by the Secretary of Agriculture on December 15, 1998 (64 FR 2876), is chartered to provide advice to the Secretary on implementing the terms of the Federal Interagency Partnership on the Lake Tahoe Region and other matters raised by the Secretary.
The Secretary of Agriculture's determination of the Primary Purpose of Specified State of Florida Conservation Programs
The Natural Resources Conservation Service (NRCS) is providing public notice that the Secretary of Agriculture has determined the cost-share payments made under specific State of Florida conservation programs are primarily for the purposes of conserving soil and water resources, or protecting and restoring the environment. NRCS was assigned technical and administrative responsibility for reviewing the State of Florida's conservation programs and making appropriate recommendations for the Secretary's determination of primary purpose. The programs are: Program for Citrus, Cow/Calf, Dairies and Other Agriculture in the Lake Okeechobee Priority Basins; Program for Indian River Area Citrus Groves; Program for Interim Measures for Tri-County Agricultural Area Farms; Program for Interim Measures for Florida Producers of Container-Grown Plants; Program for Best Management Practices for Shadehouse Grown Leatherleaf Ferns; Nitrogen Best Management Practices Program for Florida Ridge Citrus; Nitrogen Interim Measure for Florida Citrus; Nitrogen Interim Measure for Bahiagrass and Bermuda Grass; and Florida Conservation Reserve Enhancement Program. This determination is in accordance with Section 126 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126), and permits recipients of cost-share payments to exclude from gross income to the extent allowed by the Internal Revenue Service.
The Secretary of Agriculture's Determination of the Primary Purpose of the Commonwealth of Massachusetts' Small Renewables Initiative Program
The Natural Resources Conservation Service (NRCS) is providing public notice that the Secretary of Agriculture has determined the cost-share payments made under the Commonwealth of Massachusetts' Small Renewables Initiative Program are primarily for the purpose of protecting or restoring the environment. NRCS was assigned technical and administrative responsibility for reviewing the Commonwealth of Massachusetts' Program and making appropriate recommendations for the Secretary's determination of primary purpose. This determination is in accordance with Section 126 of the Internal Revenue Code of 1954, as amended (26 U.S.C. 126), and permits recipients of cost-share payments to exclude from gross income to the extent allowed by the Internal Revenue Service.
General Conference Committee of the National Poultry Improvement Plan; Meeting
We are giving notice of a meeting of the General Conference Committee of the National Poultry Improvement Plan.
United States Standards for Grades of Pea Pods
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is establishing voluntary United States Standards for Grades of Pea Pods. The standards will provide industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of pea pods.
Notice of Release of National Organic Program Noncompliance and Adverse Action Records
The U.S. Department of Agriculture's (USDA) Agricultural Marketing Service (AMS) is publishing this notice to inform accredited certifying agents and producers and handlers certified to the National Organic Program (NOP) of AMS' intention to release notices of noncompliance, and the identity of each entity which has been suspended or revoked, as well as the reasons for these actions. The release of these materials complies with the Freedom of Information Act (FOIA) in which any information that is not protected from disclosure by a FOIA exemption must be provided to the public.
Boll Weevil; Quarantine and Regulations
We are extending the comment period for our proposed rule that would establish domestic boll weevil regulations that would restrict the interstate movement of regulated articles within regulated areas and from regulated areas into or through nonregulated areas in commercial cotton-producing States. This action will allow interested persons additional time to prepare and submit comments.
Environmental Impact Statement; Genetically Engineered Fruit Fly and Pink Bollworm
We are advising the public that the Animal and Plant Health Inspection Service intends to prepare an environmental impact statement relative to the proposed use of genetically engineered fruit flies and pink bollworm in certain plant pest control programs. This notice identifies potential issues and alternatives that will be studied in the environmental impact statement, requests public comment to further delineate the scope of the issues and alternatives, and provides notice of public meetings.
Amendment 2 of the Cotton Storage Agreement
This notice announces Amendment 2 to the Commodity Credit Corporation's (CCC's) Cotton Storage Agreement. This amendment alters the agreement that regulates the storage of CCC interest and commercial cotton in warehouses throughout the United States.
United States Standards for Grades of Cultivated Ginseng
The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is establishing voluntary United States Standards for Grades of Cultivated Ginseng. AMS received a request from an industry group representing cultivated ginseng growers to develop a standard that will provide the industry with a common language and uniform basis for trading, thus promoting the orderly and efficient marketing of cultivated ginseng.
Fruit and Vegetable Industry Advisory Committee
The purpose of this notice is to notify all interested parties that the Agricultural Marketing Service (AMS) will hold a Fruit and Vegetable Industry Advisory Committee (Committee) meeting that is open to the public. The U.S. Department of Agriculture (USDA) established the Committee to examine the full spectrum of issues faced by the fruit and vegetable industry and to provide suggestions and ideas to the Secretary of Agriculture on how USDA can tailor its programs to meet the fruit and vegetable industry's needs. This notice sets forth the schedule and location for the meeting.
Notice of Availability-America the Beautiful-The National Parks and Federal Recreational Lands Pass, Federal Lands Recreation Enhancement Act, Public Law 108-447, Div. J, Title VII
Section 5 paragraph 3 of the Federal Lands Recreation Enhancement Act (REA) of December 2004 (16 U.S.C. 6804(a)(3)) requires that the Secretaries of Interior and Agriculture publish a notice in the Federal Register when the ``America the Beautifulthe National Parks and Federal Recreational Lands Pass'' is first established and available for purchase. The new pass program was created in response to requirements of the REA. The new pass replaces the Golden Eagle, Golden Age, and the Golden Access Passports, as well as the National Parks Pass, which currently support recreation opportunities on public lands managed by the United States Forest Service, National Park Service, U.S. Fish and Wildlife Service, Bureau of Land Management, and the Bureau of Reclamation. Sales of the new pass are scheduled to begin in January 2007. The new pass will be sold at Federal recreation sites that charge entrance and standard amenity fees. The pass will also be available through links on government Web sites including creation.gov and through select third-party vendors.
Servicing and Collections-Unauthorized Recipients of Financial Assistance
This action amends the servicing regulations that apply when it is determined that unauthorized recipients have received financial assistance under USDA Business, Cooperative, and Community Facility loan and grant programs. The changes make clear that the first demand letter notifying the recipient of the Agency's determination serves as the initial step in the Agency's collection efforts, and that it may serve as the basis for the recipient's appeal rights. The terms of the first demand letter remain in full force and effect, unless the demand letter is subsequently amended in writing by the Agency after discussions with the recipient or modified as a result of judicial proceedings.