Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-07-03.xml --- 72 127 Tuesday, July 3, 2007 Contents Administration Administration on Aging See Aging Administration Agency Agency for Toxic Substances and Disease Registry NOTICES Superfund program: Hazardous substances priority list (toxicological profiles), 36456-36457 E7-12833 Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Advanced Performance Outcome Measurement Project, 36457-36458 E7-12858 Agricultural Agricultural Marketing Service RULES Dairy Product mandatory Reporting Program; establishment, 36341-36345 07-3235 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Telecommunications Act accessibility guidelines and electronic and information technology accessibility standards:

Telecommunications and Electronic and Information Technology Advisory Committee; Meetings, 36401-36402 E7-12811 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 36458 E7-12837 National Center for Injury Prevention and Control Initial Review Group, 36458 E7-12822 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency PROPOSED RULES Regulatory review amendments, 36550-36584 07-3206 NOTICES Agency information collection activities; proposals, submissions, and approvals, 36545-36547 07-3226 Drug Drug Enforcement Administration NOTICES Registration revocations, restrictions, denials, reinstatements:

Myers, Michael F., M.D., 36484-36487 E7-12771 Southwood Pharmaceuticals, Inc., 36487-36504 07-3218 *Applications, hearings, determinations, etc.:* Applied Science Labs, 36480-36481 E7-12950 Cambrex Charles City, Inc., 36481 E7-12952 Dade Behring Inc., 36481 E7-12949 Hospira, Inc., 36481 E7-12953 Johnson Matthey Inc., 36481-36482 E7-12941 E7-12947 Lipomed, Inc., 36482-36483 E7-12954 Lonza Riverside, 36483 E7-12946 Penick Corp., 36483 E7-12945 Roche Diagnostics Operations, Inc., 36483 E7-12951 Stepan Co., 36484 E7-12942 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 36435-36438 E7-12842 E7-12843 E7-12844 E7-12845 Special education and rehabilitative services:

Blind vending facilities under Randolph-Sheppard Act— Arbitration panel decisions, 36438-36439 E7-12893 Employment Employment and Training Administration NOTICES Alien temporary employment labor certification process: Tree planting and related reforestation occupations; H-2B labor certification application procedures, 36504-36507 E7-12766 Energy Energy Department See Federal Energy Regulatory Commission See Hearings and Appeals Office, Energy Department NOTICES Meetings: DOE/NSF Nuclear Science Advisory Committee, 36439 E7-12839 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Primary and secondary copper smelting area sources, 36363-36367 E7-12847 PROPOSED RULES Air pollutants, hazardous; national emission standards: Primary and secondary copper smelting area sources, 36415-36418 E7-12848 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Virginia, 36413-36415 E7-12854 Air quality implementation plans; approval and promulgation; various States: Delaware, 36402-36403 07-3227 New Jersey, 36406-36413 E7-12874 Virginia, 36404-36406 E7-12838 NOTICES Agency information collection activities; proposals, submissions, and approvals, 36449-36450 E7-12878 Air pollution control:

State operating permits programs— South Dakota, 36451 E7-12852 Confidential business information and data transfer, 36451-36452 E7-12877 Superfund; response and remedial actions, proposed settlements, etc.: Belden Cribbing Site, CO, 36452-36453 E7-12859 Water pollution control: National Pollutant Discharge Elimination System— Region 8; facilities/operations that generate, treat, or use/dispose of sewage sludge by land application, landfill, and surface disposal; general permits, 36453-36454 E7-12857 Water supply:

Public water system supervision program— Massachusetts and New Hampshire, 36454-36455 07-3228 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Area navigation routes, 36346-36347 E7-12683 Class E airspace, 36345-36346 07-3201 07-3202 PROPOSED RULES Airworthiness directives: Boeing, 36370-36397 E7-12815 E7-12816 E7-12817 E7-12818 E7-12835 E7-12836 Class E airspace, 36397-36398 E7-12793 NOTICES Agency information collection activities; proposals, submissions, and approvals, 36542-36543 07-3222 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 36545-36547 07-3226 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed:

R.E. Ginna Nuclear Power Plant, LLC, 36442-36443 E7-12801 Electric rate and corporate regulation combined filings, 36443-36446 E7-12808 E7-12809 *Applications, hearings, determinations, etc.:* Edwards, Jeffrey S., 36439-36440 E7-12802 Great Plains Energy Inc. et al., 36440 E7-12804 Gulf Crossing Pipeline Co. LLC, et al, 36440-36441 E7-12803 South Carolina Public Service Authority, 36441 E7-12806 Tiqun Energy, Inc., 36442 E7-12805 Williston Basin Interstate Pipeline Co., 36442 E7-12807 Federal Motor Federal Motor Carrier Safety Administration NOTICES Reports and guidance documents; availability, etc.:

NAFTA cross-border trucking provisions; demonstration project, 36543-36544 07-3250 Federal Procurement Federal Procurement Policy Office RULES Acquisition regulations: Cost Accounting Standards Board— Commercial items; time and material and labor hour contracts exemption, 36367-36369 E7-12888 NOTICES Reports and guidance documents; availability, etc.: Cost Accounting Standards— Standards 412 and 413; harmonization with Pension Protection Act; staff discussion paper, 36508-36511 E7-12886 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 36545-36547 07-3226 Banks and bank holding companies:

Change in bank control, 36455 E7-12830 Formations, acquisitions, and mergers, 36455-36456 E7-12775 E7-12829 Meetings; Sunshine Act, 36456 07-3264 Food Food and Drug Administration RULES Medical devices: General hospital and personal use devices— Filtering facepiece respirator for use by general public in public health medical emergencies; classification, 36360-36363 E7-12789 PROPOSED RULES Medical devices: General and plastic surgery devices— Tissue adhesive for topical approximation of skin; reclassification, 36398-36401 E7-12797 NOTICES Committees; establishment, renewal, termination, etc.:

Public advisory committees and panels— Voting members, 36458-36462 E7-12799 Grants and cooperative agreements; availability, etc.: Center for Food Safety and Applied Nutrition; 2008 FY program priorities; comment request, 36462-36463 E7-12884 Orphan products; clinical safety and effectiveness studies, 36463-36468 E7-12881 Medical devices: Cardiovascular devices— Impedance plethysmograph; classification change request denied, 36468-36470 E7-12883 Neurological devices— Cutaneous electrode; classification change; petition denied, 36470-36471 E7-12882 Reports and guidance documents; availability, etc.:

Integrated summaries of effectiveness and safety; location within common technical document, 36471-36472 E7-12792 Medical devices— Filtering facepiece respirator for use by general public in public health medical emergencies; Class II special controls, 36472-36473 E7-12790 Tissue adhesive for the topical approximation of skin; Class II special controls, 36473-36474 E7-12795 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Modoc, 36419 E7-12814 North Mt. Baker-Snoqualmie, 36419-36420 E7-12826 Snohomish County, 36419 E7-12824 South Mt.

Baker-Snoqualmie, 36419 E7-12823 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Aging Administration See Centers for Disease Control and Prevention See Food and Drug Administration Hearings Hearings and Appeals Office, Energy Department NOTICES Special refund procedures; implementation, 36446-36449 E7-12832 Homeland Homeland Security Department See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 36475-36476 E7-12892 Interior Interior Department See Land Management Bureau International International Trade Administration NOTICES Antidumping:

Honey from— China, 36422-36426 E7-12891 Antidumping and countervailing duties: Administrative review requests, 36420-36422 07-3248 International International Trade Commission NOTICES Import investigations: Light-walled rectangular pipe and tube from— Various countries, 36479-36480 E7-12846 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent:

Decertified Power River Federal Coal Production Region, WY; coal lease applications; meetings, 36476-36478 E7-12889 Meetings: Wild Horse and Burro Advisory Board, 36478-36479 E7-12800 Management Management and Budget Office See Federal Procurement Policy Office Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 36544 E7-12791 National Institute National Institute of Standards and Technology RULES Accreditation and assessment programs National Voluntary Laboratory Accreditation Program; operating procedures, 36347 E7-12853 NOAA National Oceanic and Atmospheric Administration NOTICES Endangered and threatened species permit applications, determinations, etc., 36427 E7-12871 Environmental statements; availability, etc.:

Beaufort and Chukchi Seas, AK; seismic surveys, 36427 E7-12880 Exempted fishing permit applications, determinations, etc., 36427-36429 E7-12879 Marine mammal permit applications, determinations, etc., 36429-36430 E7-12873 Marine mammals: Incidental taking; authorization letters, etc.— Scripps Institute of Oceanography; Northeastern Indian Ocean; low-energy marine seismic survey, 36430-36435 E7-12870 Meetings: Gulf of Mexico Fishery Management Council, 36435 E7-12867 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 36512 07-3263 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 36512 E7-12769 Meetings: Nuclear Waste and Materials Advisory Committee, 36518-36519 E7-12788 E7-12841 Reactor Safeguards Advisory Committee, 36519 E7-12840 Meetings; Sunshine Act, 36519-36520 07-3253 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 36520-36526 E7-12635 Reports and guidance documents; availability, etc.:

Materials licenses program, consolidated guidance; specific guidance about commercial radiopharmacy licenses, 36526-36528 E7-12856 *Applications, hearings, determinations, etc.:* BWX Technologies, Inc., 36515-36516 E7-12786 Carolina Power & Light Co., 36516-36517 07-3224 FirstEnergy Nuclear Operating Co., 36517-36518 E7-12774 E7-12785 Virginia Electric & Power Co., 36512-36514 E7-12855 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS Lebanon; suspension of entry of certain persons responsible for policies and actions that threaten sovereignty and democracy (Proc. 8158), 36585-36588 07-3275 EXECUTIVE ORDERS Defense and national security:

Classified national security information access; extending duration of EO 13381 for one year (EO 13436), 36337 07-3258 Turkmenistan; waiver under the Trade Act of 1974 (EO 13437), 36339 07-3259 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 36420 E7-12813 SEC Securities and Exchange Commission RULES Securities: Short sale price test; amendments, 36348-36359 E7-12868 NOTICES Agency information collection activities; proposals, submissions, and approvals, 36528-36530 E7-12781 E7-12783 E7-12784 Self-regulatory organizations; proposed rule changes:

International Securities Exchange, LLC, 36530-36532 E7-12777 E7-12778 Municipal Securities Rulemaking Board, 36532-36536 E7-12779 National Association of Securities Dealers, Inc., 36536-36538 E7-12782 Philadelphia Stock Exchange Inc., 36538-36539 E7-12780 Social Social Security Administration RULES Freedom of Information Act; implementation: Technical correction Correction, 36359-36360 E7-12828 NOTICES Grants and cooperative agreements; availability, etc.: Early Identification and Intervention Demonstrations Program, 36539-36540 E7-12773 Social security numbers; integrity protection, 36540 E7-12831 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 36541-36542 E7-12861 E7-12863 E7-12897 Culturally significant objects imported for exhibition:

J.M.W. Turner, 36542 E7-12864 Surface Surface Transportation Board NOTICES Railroad services abandonment: Columbus & Greenville Railway Co., 36544-36545 E7-12678 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 36545-36547 07-3226 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2006 annual product and country practices reviews; results, 36528 E7-12887 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 36475 E7-12834 Separate Parts In This Issue Part II Treasury Department, Comptroller of the Currency, 36550-36584 07-3206 Part III Executive Office of the President, Presidential Documents, 36585-36588 07-3275 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 72 127 Tuesday, July 3, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1170 RIN 0581-AC66 [Doc. # AMS-07-0047; DA-06-07] Dairy Product Mandatory Reporting AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule. SUMMARY: This interim final rule establishes a Dairy Product Mandatory Reporting Program as required by law, on an interim final basis. The Dairy Market Enhancement Act of 2000, and certain provisions of the Farm Security and Rural Investment Act of 2002, amended the Agricultural Marketing Act of 1946 to provide for timely, accurate, and reliable market information to facilitate more informed marketing decisions and promote competition in the dairy product manufacturing industry.

The Department will issue a final rule once public comments have been received. DATES: *Effective Date:* August 2, 2007. The provisions of this rule will expire 12 months from the date of publication unless further regulatory action is taken. Comments must be submitted on or before September 4, 2007. ADDRESSES: Comments (four copies) should be submitted to John R. Mengel, Chief Economist, USDA/AMS/Dairy Programs, Office of the Chief Economist, STOP 0229-Room 2753, 1400 Independence Ave, SW., Washington, DC 20250-0229 or faxed to

(202)690-0552. Comments may also be submitted at the Federal eRulemaking portal: *http://www.regulations.gov* . All comments should reference the docket number and the date and page number of this issue of the **Federal Register** . Comments can be viewed in the Office of the Chief Economist during regular business hours, or at: *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: John R. Mengel, Chief Economist, USDA/AMS/Dairy Programs, Office of the Chief Economist, STOP 0229-Room 2753, 1400 Independence, Ave, SW., Washington, DC 20250-0229,

(202)720-7091. SUPPLEMENTARY INFORMATION: This interim final rule is a statutory requirement pursuant to the Agricultural Marketing Act of 1946 [7 U.S.C. 1621 *et seq.* ], hereinafter referred to as the “Act”, as amended November 22, 2000, by Pub. L. No. 106-532, 114 Stat. 2541, and further amended May 13, 2002, by Pub. L. No. 107-171, 116 Stat. 207. *Background:* The Act provides for and accordingly, this interim final rule establishes, a Dairy Product Mandatory Reporting Program that will:

(1)Require persons engaged in manufacturing dairy products to provide to the Department of Agriculture (Department) certain information including the price, quantity, and moisture content, where applicable, of dairy products sold by the manufacturer; and

(2)Require manufacturers and other persons storing dairy products to report to the Department information on the quantity of dairy products stored. Under the interim final rule, the National Agricultural Statistics Service

(NASS)will collect such information. Any manufacturer that processes and markets less than 1 million pounds of dairy products per calendar year would be exempt from these reporting requirements. Under this authority, NASS initiated a program to collect the information for Dairy Product Prices. Dairy Products Prices began with the collection of cheese data in 1997. Information on cheddar cheese, butter, dry whey, and nonfat dry milk is now collected and published on a weekly basis. Stocks of butter and cheese have been collected on a voluntary basis since 1916 under the Cold Storage Program. Information on specific cheeses, butter, anhydrous milkfat, butter oil, unsalted butter, nonfat dry milk and dry whey is now collected and published on a monthly basis. The Act as amended provides the Department with the authority needed to make the reporting of dairy product information mandatory. No new commodities are included under this rule. The Act also provides that the Secretary shall take such actions as the Secretary considers necessary to verify the accuracy of the information submitted or reported. With more complete and accurate information, the Department and the dairy industry can be confident that reported dairy product prices and inventories are more precise indicators of supply and demand conditions. The Agricultural Marketing Service

(AMS)will implement a plan to verify the price information submitted by various dairy product manufacturing plants to NASS per the mandatory dairy product price reporting program using the reports received from NASS. During the first year of verification, AMS will visit all of the entities eligible to file reports at least once. In subsequent years, AMS will visit large entities that account for 80 percent of the yearly reported product volume of each specified dairy product at least once and one-half of the entities that account for the remaining 20 percent of the yearly reported product volume. Entities in the latter category will be visited at least once every two years. During each visit, AMS will review applicable sales transaction records for a sample of reporting periods during the year. AMS will verify that eligible sales transactions agree with information reported to NASS and will check for eligible sales transactions that were not reported to NASS. AMS will report to the Secretary any reporting violations. AMS requests comments on all aspects of this audit program. Executive Order 12866: Regulatory Planning and Review This interim final rule has been determined “significant” for purposes of Executive Order 12866 and therefore has been reviewed by the Office of Management and Budget. A cost benefit analysis

(CBA)was conducted and can be viewed on the internet at *http://www.ams.usda.gov/dairy* . The largest possible response to the survey by processors will provide more reliable dairy product prices for use in establishing minimum prices for Class III and Class IV milk under the Federal milk marketing order program. In addition, the use of reliable market prices for dairy products will help assure that milk producers are paid an equitable price for their milk and that milk processors are paying a competitive price for their milk supply. Erroneous price information can be costly. For example, during the month of May 2005, the CBA indicates that a 1 cent per pound error in the cheese price announced by NASS would cause a 9.65 cent per hundredweight error in the Class III price and 3.76 cents per hundredweight error in the price paid to producers. Multiplying the price error (3.76 cents) times the quantity of milk marketed in Federal milk marketing order system indicates that either producers would have received $4 million less for their milk in the month of May 2005, than they actually did, or that manufacturers would have paid $4 million more for milk in May 2005 than they actually did. Also, some or all of this error could have affected Class I prices in June 2005. The CBA estimated the incremental cost of the mandatory reporting program in the first year would be approximately $24,000 for manufacturers who were not already reporting to NASS to comply with this rule. As stated in the CBA, there are a total of 110 cold storage facilities and 98 manufacturing plants that are required to report under the mandatory program. The cost to cold storage facilities completing reports is $132 per facility for a total annual cost of $14,520. The cost to manufacturers reporting product prices is estimated at $381.26 per plant for a total annual cost of $37,363.48. Thus, the total annual cost for submitting information under the mandatory program is $51,883.48. The cost to the Federal Government for implementation of the verification program will be approximately $102,000 the first year and approximately $70,000 in subsequent years. Executive Order 12988 Civil Justice Reform This interim final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. This rule will not preempt any State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Civil Rights Review AMS has considered the potential civil rights implications of this rule on minorities, women, or persons with disabilities to ensure that no person or group shall be discriminated against on the basis of race, color, national origin, gender, religion, age, disability, sexual orientation, marital or family status, political beliefs, parental status or protected genetic information. This review included persons that are employees of the entities that are subject to this regulation. This rule does not require affected entities to relocate or alter their operations in ways that could adversely affect such persons or groups. Further, this rule would not deny any persons or groups the benefits of the program or subject any persons or groups to discrimination. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this interim final rule on small entities and has determined that this rule will not have a significant economic impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small businesses in the dairy product manufacturing 1 industry have been defined by the Small Business Administration

(SBA)as those processors employing not more than 500 employees. For purposes of determining a processor's size, if the plant is part of a larger company operating multiple plants that collectively exceed the 500-employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees. There are approximately 98 dairy product manufacturers and 110 manufacturers and other persons storing dairy products that would be subject to the provisions of this rule. According to U.S. Census Bureau Statistics of U.S. Businesses, there were 1,110 dairy manufacturing firms in the United States in 2004. Of these concerns, 1,017 firms had fewer than 500 employees and 93 firms had greater than 500 employees. 1 North American Industry Classification System (NAICS) code 3115. Therefore, few of the manufacturers and persons affected by this interim final rule are small businesses under the criteria established by the SBA. Those manufacturers with less than 1 million pounds of annual production are exempted by the Act and most of the entities that would be subject to mandatory reporting already report this information to NASS. The annual cost to manufacturers reporting product prices is estimated at $381.26 per plant. As discussed in the Paperwork Reduction Act section below, AMS believes the records that would be required to be maintained under this interim final rule are already being maintained for at least two years as part of the normal course of business. Thus, there would be no additional burden or cost associated with the maintenance of these records. Therefore, the interim final rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (44 U.S.C. Chapter 35), the forms and reporting and recordkeeping requirements that are included that are utilized to collect the information required by the Act have been previously approved by the Office of Management and Budget

(OMB)and were assigned OMB control number 0535-0020 for the Dairy Product Prices Survey and OMB control number 0535-0001 for the Monthly Cold Storage Report. The primary function of NASS is to prepare and issue current official state and national estimates of crop and livestock production. Estimates of milk production and manufactured dairy products are an integral part of this program. Milk and dairy statistics are used by the Department to help administer the Federal milk marketing order program and are used by the dairy industry in planning, pricing, and projecting supplies of milk and milk products. The interim final rule does not change the current method and frequency of data collection utilized by NASS. Data collection of Dairy Product Prices is conducted weekly to collect sales transactions data for the previous week. Manufacturers are provided a supply of report forms for the products they are to report. The dairy product manufacturer completes the form with information, including the manufacturer's name, address, plant location, quantities sold, and dollars received or prices of Cheddar cheese, butter, dry whey, and nonfat dry milk. Manufacturers report to NASS by facsimile or by electronic data reporting. The Monthly Cold Storage Report is mailed each month to manufacturers and other entities storing dairy products. Manufacturers and other entities report to NASS the name, address, and stocks on hand at the end of the month. Reports are returned to NASS. This interim final rule implements recordkeeping requirements authorized by the Act. Under this regulation, each person required to report information to the Department shall maintain, and make available to the Department, on request, original contracts, agreements, receipts, and other records associated with the sale or storage of any dairy products during the two-year period beginning on the date of the creation of the records. AMS has consulted with several of those entities that are required to maintain records under this interim finale rule and believes the necessary records are already being maintained for at least two years as part of the normal course of business. Therefore, there would be no additional burden or cost associated with the maintenance of these records. AMS invites comment on whether all entities subject to this regulation already maintain the necessary records for at least two years. Comments should be sent to the USDA in care of John R. Mengel, Chief Economist, USDA/AMS/Dairy Programs, Office of the Chief Economist, STOP 0229—Room 2753, 1400 Independence Ave., SW., Washington, DC 20250-0229 or faxed to

(202)690-0552. All comments received will be available for public inspection during regular business hours at the same address or at *http://www.regulations.gov* . The reliability of prices announced by NASS is dependent on the accuracy of the reports submitted by manufacturers. To verify that the information submitted to NASS is accurate, all manufacturers required to submit reports will be subject to audits conducted by AMS. Failure on the part of manufacturers or other entities to comply with the data collection and recordkeeping requirements could lead to enforcement action, including the levying of civil penalties provided under section 273 of the Act, as amended [7 U.S.C. 1637b], against the violating person or entity. Except as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public information, statistics, or documents obtained from or submitted by any person under the Acts other than in a manner that ensures that confidentiality is preserved regarding the identity of persons, including parties to a contract, and proprietary business information. All report forms include a statement that individual reports are kept confidential. With respect to the application of the Privacy Act of 1974 (5 U.S.C. 552a) (“Privacy Act”) to the maintenance of records required by the Act, the Dairy Products Prices survey population consists of Agribusinesses. Data collected by this survey relates to Agribusinesses' dealings and not those of individuals. Records maintained at business sites for verification of information reported to NASS include contracts, agreements, receipts and other material related to sales of specific dairy products. No records about individuals are maintained by NASS for this survey and AMS believes that none would be part of these maintained business papers. AMS is aware that inaccurate reporting of nonfat dry milk price information to NASS in 2007 resulted in a reduction in prices paid to producers. AMS is aware of the existence of forward pricing sales such as those associated with the inaccurate reporting of nonfat dry milk price information. AMS specifically invites comment on the prevalence of the use of forward contracts and whether they need to be addressed in some way under the mandatory program. As discussed earlier, even relatively small errors in price information can result in significant differences in overall revenues. An audit-based program of dairy price reporting would substantially reduce the likelihood of such errors in reporting. For this reason, and because the required audit-based program is virtually identical to the program which has been operating for a number of years, there is good cause to issue this rule as an interim final rule. List of Subjects in 7 CFR Part 1170 Butter, Cheese, Dairy products, Nonfat dry milk, Reporting and recordkeeping requirements, Whey. For the reasons set forth in the preamble, Title 7, subtitle B, chapter X is amended by adding part 1170, to read as follows: PART 1170—DAIRY PRODUCT MANDATORY REPORTING Sec. 1170.1 Secretary. 1170.2 Act. 1170.3 Person. 1170.4 Dairy products. 1170.5 Manufacturer. 1170.6 Store. Dairy Product Reporting Program 1170.7 Reporting requirements. 1170.8 Price reporting specifications. 1170.9 Storage reporting specifications. 1170.10 Records. 1170.11 Confidential information. Verification and Enforcement 1170.12 Verification of reports. 1170.13 Noncompliance procedures. 1170.14 Appeals. 1170.15 Enforcement. Exemptions 1170.16 Exemptions. Authority: 7 U.S.C. 1637-1637b, as amended by Pub. L. 106-532, 114 Stat. 2541 and Pub. L. 107-171, 116 Stat. 207. PART 1170—DAIRY PRODUCT MANDATORY REPORTING § 1170.1 Secretary. *Secretary* means the Secretary of Agriculture of the United States or any other officer or employee of the Department to whom authority has been delegated. § 1170.2 Act. *Act* means the Agricultural Marketing Act of 1946, 7 U.S.C. 1621 *et seq.* , as amended by the Dairy Market Enhancement Act of 2000, Pub. L. No. 106-532, 114 Stat. 2541, and the Farm Security and Rural Investment Act of 2002, Pub. L. No. 107-171, 116 Stat. 207. § 1170.3 Person. *Person* means an individual, partnership, corporation, association, or any other business unit. § 1170.4 Dairy products. *Dairy Products* means—

(a)Manufactured dairy products that are used by the Secretary to establish minimum prices for Class III and Class IV milk under a Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937; and

(b)Substantially identical products designated by the Secretary in this Part. § 1170.5 Manufacturer. *Manufacturer* means any person engaged in the business of buying milk in commerce for the purpose of manufacturing dairy products in one or more locations. § 1170.6 Store.

(a)*Store* means to place cheese or butter in a warehouse or facility which is artificially cooled to a temperature of 50 degrees Fahrenheit or lower and hold these dairy products for 30 days or more; or

(b)*Store* means to place nonfat dry milk or dry whey in a manufacturing plant, packaging plant, distribution point, or shipment in transit. Dairy Product Reporting Program § 1170.7 Reporting requirements.

(a)Manufacturers of dairy products shall report on a weekly basis all sales transactions for the previous week, on the appropriate forms supplied by the National Agricultural Statistics Service. The report shall indicate the name, address, plant location, quantities sold, and dollars received or the prices of dairy products as defined in § 1170.4.

(b)Manufacturers or other persons storing dairy products shall report on a monthly basis stocks of dairy products (as defined in § 1170.4) on hand, on the appropriate forms supplied by the National Agricultural Statistics Service. The report shall indicate the name, address, and stocks on hand at the end of the month for each storage location. § 1170.8 Price reporting specifications. The following are the reporting specifications for each dairy product.

(a)Specifications for Cheddar Cheese Prices:

(1)Sale: When a transaction is completed (for example: cheese is “shipped out” and title transfer occurs.)

(2)Variety: Cheddar Cheese.

(3)Style: 40-pound blocks or 500-pound barrels.

(4)Moisture Content: 40-pound blocks, exclude cheese that will be aged. Barrels Report—moisture content of cheese sold, not to exceed 37.7 percent.

(5)Age: Not less than 4 days or more than 30 days on date of sale.

(6)Grade: Barrels—Wisconsin State Brand or USDA Extra Grade or better. 40-pound blocks—Wisconsin State Brand or USDA Grade A or better.

(7)Color: Barrels—White, 40-pound blocks—colored between 6-8 on the National Cheese Institute color chart.

(8)Packaging: 40-pound blocks—Price should reflect cheese wrapped in a sealed, airtight package in corrugated or solid fiberboard containers with a reinforcing inner liner or sleeve. Exclude all other packaging costs from the reported price. Barrels—Exclude all packaging costs from the reported price.

(9)Price: Price should be reported as price per pound or total dollars received. Price is f.o.b. processing plant/storage center.

(10)Include: CCC purchases under the Dairy Price Support and related programs, and CME sales by initial manufacturer.

(11)Exclude: Block cheese that will be aged, transportation and clearing charges from price, intra-company sales, resales of purchased cheese and forward pricing sales (sales in which the selling prices was set (not adjusted) 30 or more days before the transaction was completed).

(b)Specifications for Butter Prices:

(1)Sale: When a transaction is completed (for example: Butter is “shipped out” and title transfer occurs.) Report sales of butter that meets USDA Grade AA standards, 80 percent butterfat, salted—fresh or storage.

(2)Price: Price is f.o.b. processing plant/storage center. Prices and quantities are for all 25 kilogram and 68 pound box sales.

(3)Include: CCC purchases under the Dairy Price Support and related programs, and CME sales by initial manufacturer.

(4)Exclude: Unsalted and Grade A butter, transportation and clearing charges from price, intra-company sales, resales of purchased butter and forward pricing sales (sales in which the selling prices was set (not adjusted) 30 or more days before the transaction was completed). This exclusion does not include sales through the Dairy Export Incentive Program (DEIP).

(c)Specifications for Dry Whey Prices:

(1)Sale: When a transaction is completed (for example: dry whey is “shipped out” and title transfer occurs.) Sales are for USDA Extra Grade edible nonhygroscopic dry whey.

(2)Price: Prices is f.o.b. processing plant/storage center. Prices and quantities are for all 25 kilogram bag, 50 pound bag, tote and tanker sales.

(3)Exclude: Sales of Grade A dry whey, sales of dry whey more than 180 days old, transportation charges from price, intra-company sales, resales of purchased dry whey and forward pricing sales (sales in which the selling prices was set (not adjusted) 30 or more days before the transaction was completed.)

(d)Specifications for the Nonfat Dry Milk Prices:

(1)Sale: When a transaction is completed (for example: nonfat dry milk is “shipped out” and title transfer occurs.) Sales are for USDA Extra Grade and USPH Grade A, non-fortified, nonfat dry milk.

(2)Price: Price is f.o.b. processing plant/storage center. Prices and quantities are for all 25 kilogram bag, 50 pound bag, tote and tanker sales.

(3)Include: Nonfat dry milk manufactured using low or medium heat process, CCC purchases under the Dairy Price Support and related programs, and CME sales by initial manufacturer.

(4)Exclude: Sales of nonfat dry milk more than 180 days old, nonfat dry milk manufactured using high heat process, sales of instant nonfat dry milk, sales of dry buttermilk products, transportation and clearing charges, intra-company sales, resales of purchased nonfat dry milk and forward pricing sales (sales in which the selling prices was set (not adjusted) 30 or more days before the transaction was completed). This exclusion does not include sales through the Dairy Export Incentive Program (DEIP). § 1170.9 Storage reporting specifications.

(a)Reporting universe:

(1)Cold Storage Report: All warehouses or facilities, except those described in § 1170.16, artificially cooled to a temperature of 50 degrees Fahrenheit or lower where dairy products generally are placed and held for 30 days or more. Excluded are stocks in refrigerated space maintained by wholesalers, jobbers, distributors, and chain stores; locker plants containing individual lockers; and frozen food processors whose inventories are turned over more than once a month.

(2)Dairy Products Report: All manufacturing plants, packaging plants, distribution points or shipments in transit.

(b)Products required:

(1)Natural cheese, domestic and foreign made, including barrel and cheese to be processed; American type cheeses, (cheddar, monterey, colby, etc.), including government owned stocks; Swiss; other natural cheese types (brick, mozzarella, muenster, parmesan, etc.). Exclude processed cheese;

(2)Butter, anhydrous milkfat (AMF), butter oil, and unsalted butter, including government owned stocks;

(3)Nonfat dry milk; and

(4)Dry whey. § 1170.10 Records. Each person required to report information to the Secretary shall maintain, and make available to the Secretary, on request, original contracts, agreements, receipts, and other records associated with the sale or storage of any dairy products during the two-year period beginning on the date of the creation of the records. § 1170.11 Confidential information. Except as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public information, statistics, or documents obtained from or submitted by any person in compliance with the Dairy Product Mandatory Reporting program other than in a manner that ensures that confidentiality is preserved regarding the identity of person, including parties to a contract, and proprietary business information. Verification and Enforcement § 1170.12 Verification of reports. For the purpose of assuring compliance and auditing records and reports required to be filed by manufacturers or other persons, the Agricultural Marketing Service, through its duly authorized agents, shall have access to any premises where applicable records are maintained, where dairy products are produced or stored, and at any time during reasonable business hours shall be permitted to inspect such manufacturer or person, and any original contracts, agreements, receipts, and other records associated with the sale or storage of any dairy products. § 1170.13 Noncompliance procedures.

(a)When the Secretary becomes aware that a manufacturer or person may have willfully delayed reporting of, or failed or refused to provide, accurate information pursuant to this part, the Secretary may issue a cease and desist order.

(b)Prior to the issuance of a cease and desist order, the Secretary shall provide notice and an opportunity for an informal hearing regarding the matter to the manufacturer or person involved.

(c)The notice shall contain the following information:

(1)That the issuance of a cease and desist order is being considered;

(2)The reasons for the proposed cease and desist order in terms sufficient to put the person on notice of the conduct or lack thereof upon which the notice is based;

(3)That within 30 days after receipt of the notice, the manufacturer or person may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed cease and desist order; and

(4)That if no response to the notice is received within the 30 days after receipt of the notice, that a cease and desist order may be issued immediately.

(d)If a manufacturer or person submits information or requests a hearing, the hearing should be held at a location and time that is convenient to the parties concerned, if possible. The hearing will be held before the Deputy Administrator, Dairy Programs, Agricultural Marketing Service, or a designee. The manufacturer or person may be represented. Witnesses may be called by either party.

(e)The Deputy Administrator, Dairy Programs, Agricultural Marketing Service, or a designee will make a decision on the basis of all the information in the administrative record, including any submission made by the manufacturer or person. The decision of whether a cease and desist order should be issued shall be made within 30 days after receipt of any information and argument submitted by the manufacturer or person. The cease and desist order shall be final unless the affected manufacturer or person requests a reconsideration of the order to the Administrator, Agricultural Marketing Service, within 30 days after the date of the issuance of the order. § 1170.14 Appeals. If the cease and desist order is confirmed by the Administrator, Agricultural Marketing Service, the manufacturer or person may appeal the order in the appropriate United States District Court not later than 30 days after the date of the confirmation of the order. § 1170.15 Enforcement.

(a)If a person subject to the Dairy Product Mandatory Reporting program fails to obey a cease and desist order after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Administrator, Agricultural Marketing Service, the United States may apply to the appropriate United States district court for enforcement of the order.

(b)If the court determines that the cease and desist order was lawfully made and duly served and that the manufacturer or person violated the order, the court shall enforce the order.

(c)If the court finds that the manufacturer or person violated the cease and desist order, the manufacturer or person shall be subject to a civil penalty of not more than $10,000 for each offense. Exemptions § 1170.16 Exemptions. Any manufacturer that processes and markets less than 1 million pounds of dairy products per calendar year is exempt from these regulations. Dated: June 28, 2007. Robert C. Keeney, Acting Administrator, Agricultural Marketing Service. [FR Doc. 07-3235 Filed 6-28-07; 3:15 pm]

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