Unknown. Direct final rule

7,987 words·~36 min read·/register/2007/07/20/07-3554

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2007-07-20.xml --- 72 139 Friday, July 20, 2007 Contents AID Agency for International Development PROPOSED RULES Privacy Act; implementation, 39768-39770 07-3331 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration NOTICES Committees; establishment, renewal, termination, etc.: Roadless Area Conservation National Advisory Committee, 39784 E7-14016 Animal Animal and Plant Health Inspection Service PROPOSED RULES Genetically engineered organisms and products:

Introductions of plants genetically engineered to encode compounds for industrial use; permit requirements Correction, 39901 C7-3474 Army Army Department See Engineers Corps RULES Environmental quality: Environmental protection and enhancement; CFR Part removed, 39740-39741 07-3538 NOTICES Environmental statements; availability, etc.: Stryker Brigade Combat Team, 39800-39801 07-3530 Inventions, Government-owned; availability for licensing, 39801 07-3537 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services RULES Medicare:

Civil monetary penalties, assessments, exclusions, and related appeals procedures, 39746-39756 E7-13535 PROPOSED RULES Medicaid: Medicaid Integrity Program; limitation on contractor liability, 39776-39779 E7-14115 NOTICES Agency information collection activities; proposals, submissions, and approvals, 39812-39814 E7-13904 E7-13905 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Connecticut, 39788 E7-14073 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 39786-39788 E7-14047 E7-14048 Commodity Commodity Futures Trading Commission PROPOSED RULES Organization, functions, and authority delegations:

Confidential information and commission records information, 39764-39768 E7-14103 Defense Defense Department See Army Department See Engineers Corps See Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 39799-39800 07-3532 Base closures and realignments; list, 39800 07-3535 Disability Disability Employment Policy Office NOTICES Grants and cooperative agreements; availability, etc.: National Technical Assistance and Research Center to Promote Leadership for Employment and Economic Independence for Adults with Disabilities, 39837-39848 E7-14074 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 39804 E7-14027 Postsecondary education:

Federal Pell Grant, Academic Competitiveness Grant, National Science and Mathematics Access to Retain Talent Grant, Federal Perkins Loan Programs et al.— Federal need analysis methodology for 2008-2009 award year; correction, 39804-39805 E7-14108 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-14039 E7-14040 39849-39851 E7-14041 Energy Energy Department See Federal Energy Regulatory Commission RULES Acquisition regulations:

Management and operating contracts; cooperative audit strategy; implementation Correction, 39761 E7-14060 NOTICES Committees; establishment, renewal, termination, etc.: High Energy Physics Advisory Panel, 39805 E7-14056 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Calhoun and Matagorda Counties, TX; Matagorda Ship Channel Improvement Project, 39801-39802 07-3536 Environmental statements; notice of intent: Riverside County, CA; San Jacinto River, 39802 07-3539 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Louisiana, 39741-39746 E7-14068 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Louisiana, 39772-39773 E7-14067 New York, 39773-39776 E7-14061 NOTICES Agency information collection activities; proposals, submissions, and approvals, 39805-39807 E7-14064 Environmental statements; availability, etc.: Agency comment availability, 39807-39808 E7-14107 Agency weekly receipts, 39808-39809 E7-14106 Meetings: Scientific Counselors Board, 39809-39810 E7-14063 Superfund; response and remedial actions, proposed settlements, etc.:

Diamond Alkali Site, NJ, 39810 E7-14004 Toxic and hazardous substances control: Endocrine disruptor screening program; Tier 1 and 2 assay peer review process [ **Editorial note:** The entry, appearing at 72 FR 38577 in the **Federal Register** issue of July 13, 2007 was incorrectly picked up under Pesticide programs: in that issue's Table of Contents.] Water programs: Public water system supervision program— Wisconsin, 39810-39811 E7-14065 Water Efficiency Leader Awards, 39811 E7-14062 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class D and E airspace; correction, 39734 07-3503 NOTICES Environmental statements; availability, etc.:

Denver International Airport, CO, 39877 07-3540 FCC Federal Communications Commission RULES Radio services, special: Private land mobile radio services— Improving Public Safety Communications in the 800 MHz Band, 39756-39761 E7-14099 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 39811 07-3567 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Public utilities; market-based rates for wholesale sales of electric energy; capacity and ancillary services, 39904-40046 E7-13675 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39877-39879 E7-14029 E7-14032 Motor carrier safety standards:

Driver qualifications; vision requirement exemptions, 39879-39886 E7-14034 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39886-39887 E7-14025 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 39811-39812 E7-14066 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Senior Executive Service Performance Review Board; membership, 39896 07-3531 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 39828-39829 E7-14057 Endangered and threatened species and marine mammal permit applications, determinations, etc., 39829-39832 E7-14059 E7-14081 E7-14083 Food Food and Drug Administration NOTICES Meetings:

Blood Products Advisory Committee, 39814-39815 E7-14088 Cardiovascular and Renal Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee; joint meeting, 39815 E7-14086 Food labeling; use of symbols to communicate nutrition information, 39815-39818 E7-14046 Food Safety and Defense Be ALERT; Public Workshop, 39818-39820 E7-14045 Forest Forest Service NOTICES Environmental statements; notice of intent: Kootenai National Forest, MT, 39784-39786 07-3519 GSA General Services Administration NOTICES Federal travel:

Federal Emergency Travel Guide; implementation, 39812 E7-14052 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Grade standards: Sorghum, 39730-39733 07-3554 PROPOSED RULES Ethanol production, differentiating grain inputs and standardized testing of ethanol production co-products; USDA role, 39762-39764 E7-14018 Grade standards: Soybeans, 39764 E7-14017 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See National Institutes of Health Housing Housing and Urban Development Department RULES Mortgage and loan insurance programs:

Single family mortgage insurance— Adjustable rate and home equity conversion mortgages; additional index, 40048-40050 E7-14030 NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 39828 07-3521 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: 4-in-1 title V grants, 39820-39824 E7-14033 Industry Industry and Security Bureau NOTICES Committees; establishment, renewal, termination, etc.:

Six technical advisory committees, 39788 07-3544 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service RULES Income taxes: Rule requirements of life-nonlife consolidation regulations, 39734-39737 E7-14084 Procedure and administration: Nonjudicial foreclosure sale and parties making administrative requests for return of wrongfully levied property; notification changes, 39737-39740 E7-14053 PROPOSED RULES Income taxes:

Mortality tables for determining present value Correction, 39770 E7-13494 Open account debt between S corporations and their shareholders; hearing Cancellation, 39770 E7-14082 Qualified films produced by taxpayers; domestic production activities; attributable income deduction Correction, 39770-39771 E7-14080 Procedure and administration: Nonjudicial foreclosure sale and parties making administrative requests for return of wrongfully levied property; notification changes, 39771-39772 E7-14051 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-14076 39896-39899 E7-14095 E7-14096 E7-14098 E7-14101 Meetings:

Taxpayer advocacy panel, 39899 E7-14089 Taxpayer advocacy panels, 39899 E7-14090 International International Trade Administration NOTICES Antidumping: Fresh garlic from— China, 39788-39790 07-3518 Granular polytetrafluoroethylene resin from— Italy, 39790-39793 E7-14087 Individually quick frozen red raspberries from— Chile, 39793 E7-14085 Labor Labor Department See Disability Employment Policy Office See Employment Standards Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Utah, 39832 E7-14054 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 39859 07-3564 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39887-39888 E7-14075 Minerals Minerals Management Service NOTICES Environmental statements; record of decision: Gulf of Mexico OCS— Oil and gas lease sales, 39832 E7-14078 Outer Continental Shelf Operations: Western Gulf of Mexico— Oil and gas lease sales, 39832-39837 E7-14114 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39888-39890 E7-14026 E7-14094 Motor vehicle theft prevention standards; exemption petitions, etc.:

Mercedes-Benz, 39890-39891 E7-14093 National Institute National Institute of Standards and Technology NOTICES Committees; establishment, renewal, termination, etc.: Federal Advisory Committees, 39793-39798 07-3548 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 39824-39825 E7-14031 Meetings: National Eye Institute, 39825-39826 07-3523 National Institute of Allergy and Infectious Diseases, 39826 07-3522 National Institute of Child Health and Human Development, 39826 07-3526 07-3527 National Library of Medicine, 39826-39827 07-3528 Scientific Review Center, 39827-39828 07-3524 07-3525 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Magnuson-Stevens Act provisions— Bering Sea and Aleutian Islands Catcher Processor Capacity Reduction Program, 39779-39783 E7-14118 NOTICES Reports and guidance documents; availability, etc.: U.S. Climate Change Science Program Synthesis and Assessment Product Prospectus, 39798-39799 E7-14091 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Digital-to-analog converter box coupon program, 39799 E7-14021 Navy Navy Department NOTICES Environmental statements; availability, etc.:

Westside of Marine Corps Base, Quantico, VA; public meeting, 39802-39803 E7-14126 Privacy Act; systems of records, 39803-39804 07-3534 Nuclear Nuclear Regulatory Commission RULES Reactor, fuel cycle, and materials licenses, including holders of compliance certificates, registrations, registrations, etc.; annual fees; CFR correction, 39733 07-55509 NOTICES Meetings: Reactor Safeguards Advisory Committee, 39859 E7-14070 Meetings; Sunshine Act, 39859-39860 07-3556 Occupational Occupational Safety and Health Administration NOTICES Grants and cooperative agreements; availability, etc.:

OSHA Training Institute Education Center program, 39851-39859 E7-14049 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials: Special permit applications; list, 39891-39892 07-3542 Special permit applications delayed; list, 39892-39893 07-3543 Special permit modification applications; list, 39893-39894 07-3541 Postal Postal Regulatory Commission NOTICES Meetings: Industry service tracking system; briefing, 39860 07-3545 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.:

Interagency Working Group on Import Safety; establishment (EO 13439), 40051-40055 07-3593 ADMINISTRATIVE ORDERS Former Liberian regime of Charles Taylor; continuation of national emergency (Notice of July 19, 2007), 40057-40060 07-3595 Public Public Debt Bureau See Fiscal Service SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 39865-39866 E7-14037 NASDAQ Stock Market LLC, 39866-39867 E7-14055 NYSE Arca, Inc., 39867-39869 E7-14036 Options Clearing Corp., 39869-39873 E7-14019 Philadelphia Stock Exchange, Inc., 39873-39877 E7-14023 E7-14024 *Applications, hearings, determinations, etc.:* Delaware Management Business Trust, et al., 39860-39865 E7-14028 SBA Small Business Administration RULES Nonprocurement debarment and suspension;

OMB guidance implementation, 39727-39730 E7-14035 Surface Surface Transportation Board NOTICES Committees; establishment, renewal, termination, etc.: Rail Energy Transportation Advisory Committee, 39894-39895 E7-14038 Railroad services abandonment: Illinois Central Railroad Co., 39895 E7-13759 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service See United States Mint NOTICES Boycotts, international:

Countries requiring cooperation; list, 39895 07-3533 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 39899-39900 E7-14022 Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 39904-40046 E7-13675 Part III Housing and Urban Development Department, 40048-40050 E7-14030 Part IV Executive Office of the President, Presidential Documents, 40051-40055 07-3593 Part V Executive Office of the President, Presidential Documents, 40057-40060 07-3595 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. 72 139 Friday, July 20, 2007 Rules and Regulations SMALL BUSINESS ADMINISTRATION 2 CFR Part 2700 13 CFR Parts 134 and 145 RIN 3245-AF63 Small Business Administration Implementation of OMB Guidance on Nonprocurement Debarment and Suspension AGENCY:

U.S. Small Business Administration. ACTION: Direct final rule. SUMMARY: The U.S. Small Business Administration

(SBA)is moving its regulations on nonprocurement debarment and suspension from their current location in title 13 of the Code of Federal Regulations

(CFR)to title 2 of the CFR, and is adopting the format established by the Office of Management and Budget (OMB). This rule establishes a new 2 CFR part 2700 that adopts OMB's final government-wide guidance on nonprocurement debarment and suspension and contains supplemental SBA nonprocurement debarment and suspension provisions. In addition, this rule removes the existing SBA nonprocurement debarment and suspension regulations and makes a conforming change and minor procedural clarifications. These changes constitute an administrative simplification that makes no substantive change in SBA policy or procedures for nonprocurement debarment and suspension. SBA is also amending a provision in its Rules of Procedure Governing Cases Before the Office of Hearings and Appeals (13 CFR 134.102(p)) to update the reference to SBA's nonprocurement debarment and suspension regulations. DATES: *Effective Date* : This rule is effective September 18, 2007 without further action. FOR FURTHER INFORMATION CONTACT: Kevin Harber, Office of General Counsel, U.S. Small Business Administration, 409 Third St., SW., Ste. 5700, Washington, DC 20416, telephone 202-619-1602 and e-mail: *Kevin.Harber@sba.gov* . SUPPLEMENTARY INFORMATION: I. Introduction On May 11, 2004, OMB established title 2 of the CFR with two subtitles (69 FR 2627). Subtitle A, “Government-wide Grants and Agreements,” contains OMB policy guidance to Federal agencies on grants and agreements. Subtitle B, “Federal Agency Regulations for Grants and Agreements,” contains Federal agencies' regulations implementing the OMB guidance, as it applies to grants and other financial assistance agreements and nonprocurement transactions. On August 31, 2005, OMB published interim final guidance for government-wide nonprocurement debarment and suspension in the **Federal Register** (70 FR 51863). The guidance was located in title 2 of the CFR as new subtitle A, chapter 1, part 180. The interim final guidance updated previous OMB guidance that was issued pursuant to Executive Order 12549, “Debarment and Suspension” (February 18, 1986), which gave government-wide effect to each agency's nonprocurement debarment and suspension actions. Section 6 of the Executive Order authorized OMB to issue guidance to Executive agencies on nonprocurement debarment and suspension, including provisions prescribing government-wide criteria and minimum due process procedures. Section 3 directed Executive agencies to issue regulations implementing the Executive Order that are consistent with the OMB guidelines. The interim final guidance at 2 CFR part 180 conforms the OMB guidance with the Federal agencies' November 26, 2003, update to the common rule on nonprocurement debarment and suspension ( *see* 70 FR 51864). Although substantively the same as the common rule, OMB's interim final guidance was published in a form suitable for agency adoption, thus eliminating the need for each agency to repeat the full text of the OMB government-wide guidance in its implementing regulations. This new approach is intended to make it easier for recipients of covered transactions or respondents in suspension or debarment actions to discern agency-to-agency variations from the common rule language; reduce the volume of Federal regulations in the CFR; and streamline the process for updating the government-wide requirements on nonprocurement debarment and suspension (70 FR 51864). On November 15, 2006, OMB published a final rule adopting the interim final guidance with changes (71 FR 66431). This direct final rule places SBA's nonprocurement debarment and suspension regulations in subtitle B of title 2 of the CFR, along with other agencies' nonprocurement debarment and suspension rules. This action was required by the OMB interim final guidance, which was made final on November 15, 2006 ( *see* 2 CFR 180.20, 180.25, 180.30 and 180.35). The new CFR part 2700 adopts the OMB guidelines with additions and clarifications that SBA made to the common rule on nonprocurement debarment and suspension in the SBA rule published on November 26, 2003 (68 FR 66544-70). The substance of SBA's nonprocurement debarment and suspension is unchanged. SBA is removing 13 CFR part 145, which was last revised as part of the November 2003 common rule. SBA is not soliciting public comment on this rule and is instead issuing this rule as a direct final rule. Under 5 U.S.C. 553(b)(3)(A) agencies are not required to undergo notice and comment procedure for “interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice.” Because this rule adopts OMB's published guidelines, which followed notice and comment procedures, and collocates SBA's specific nonprocurement suspension and debarment rules to title 2 of the CFR, we believe that it falls under the exception cited above. Compliance With Executive Orders 13132, 12988 and 12866, the Regulatory Flexibility Act (5 U.S.C. 601-602), and the Paperwork Reduction Act (44 U.S.C. Ch. 35) This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, for the purposes of Executive Order 13132, SBA determines that this rule has no federalism implications warranting preparation of a federalism assessment. OMB has determined this rule is not a “significant regulatory action” under Executive Order 12866. This action meets applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The action does not have retroactive or preemptive effect. SBA has determined that this rule does not impose additional reporting or recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C. Chapter 35. The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires administrative agencies to consider the effect of their actions on small entities, small non-profit enterprises, and small local governments. Pursuant to the RFA, when an agency issues a rulemaking, the agency must prepare a regulatory flexibility analysis which describes the impact of the rule on small entities. However, section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. Within the meaning of the RFA, SBA certifies that this rule will not have a significant economic impact on a substantial number of small entities because the rule imposes no direct requirements on small entities. List of Subjects 2 CFR Part 2700 Administrative practice and procedure, Debarment and suspension, Grant programs, Reporting and recordkeeping requirements. 13 CFR Part 134 Administrative practice and procedure, Claims, Equal access to justice, Lawyers, Organizations and functions (Government agencies). 13 CFR Part 145 Administrative practice and procedure, Government contracts, Grant programs, Loan programs, Reporting and recordkeeping requirements. Accordingly, under the authority of 15 U.S.C. 634, SBA amends the Code of Federal Regulations, Title 2, Subtitle B, and Title 13, Chapter 1, as follows: Title 2—Grants and Agreements 1. Add Chapter XXVII, consisting of Part 2700 to Subtitle B to read as follows: Chapter XXVII—Small Business Administration PART 2700—NONPROCUREMENT DEBARMENT AND SUSPENSION Sec. 2700.10 What does this part do? 2700.20 Does this part apply to me? 2700.30 What policies and procedures must I follow? Subpart A—General 2700.137 Who in the Small Business Administration may grant an exception to let an excluded person participate in a covered transaction? Subpart B—Covered Transactions 2700.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? Subpart C—Responsibilities of Participants Regarding Transactions 2700.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions 2700.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? Subpart E-F—[Reserved] Subpart G—Suspension 2700.765 How may I appeal my suspension? Subpart H—Debarment 2700.890 How may I appeal my debarment? Subpart I—Definitions 2700.930 Debarring official 2700.995 Principal 2700.1010 Suspending official Subpart J—[Reserved] Authority: Sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); E.O. 12549 (3 CFR, 1986 Comp., p. 189); E.O. 12689 (3 CFR, 1989, 1986 Comp., p. 235); 15 U.S.C. 634(b)(6). § 2700.10 What does this part do? This part adopts the Office of Management and Budget

(OMB)guidance in subparts A through I of 2 CFR part 180, as supplemented by this part, as the SBA policies and procedures for nonprocurement debarment and suspension. It thereby gives regulatory effect for SBA to the OMB guidance as supplemented by this part. This part satisfies the requirements in section 3 of Executive Order 12549, “Debarment and Suspension” (3 CFR 1986 Comp., p. 189); Executive Order 12689, “Debarment and Suspension” (3 CFR 1989 Comp., p. 235); and section 2455 of the Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355 (31 U.S.C. 6101 note). § 2700.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)) apply to you if you are a—

(a)Participant or principal in a “covered transaction” (see subpart B of 2 CFR part 180 and the definition of “nonprocurement transaction” at 2 CFR 180.970);

(b)Respondent in an SBA suspension or debarment action;

(c)SBA debarment or suspension official; or

(d)SBA grants officer, agreements officer, or other official authorized to enter into any type of nonprocurement transaction that is a covered transaction. § 2700.30 What policies and procedures must I follow? The SBA policies and procedures you must follow are the policies and procedures specified in each applicable section of the OMB guidance in subparts A through I of 2 CFR part 180, as that section is supplemented by the section in this part with the same section number. The contracts that are covered transactions, for example, are specified by section 220 of the OMB guidance (i.e., 2 CFR 180.220) as supplemented by section 220 of this part (i.e., § 2700.220). For any section of OMB guidance in Subparts A through I of 2 CFR 180 that has no corresponding section in this part, SBA policies and procedures are those in the OMB guidance. Subpart A—General § 2700.137 Who in the Small Business Administration may grant an exception to let an excluded person participate in a covered transaction? The Director of the Office of Lender Oversight may grant an exception permitting an excluded person to participate in a particular covered transaction under SBA's financial assistance programs. For all other Agency programs, the Director of the Office of Business Operations may grant such an exception. Subpart B—Covered Transactions § 2700.220 What contracts and subcontracts, in addition to those listed in 2 CFR 180.220, are covered transactions? In addition to the contracts covered under 2 CFR 180.22(b) of the OMB guidance, this part applies to any contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the contract is to be funded or provided by the SBA under a covered nonprocurement transaction and the amount of the contract is expected to equal or exceed $25,000. This extends the coverage of the SBA nonprocurement suspension and debarment requirements to all lower tiers of subcontracts under covered nonprocurement transactions, as permitted under the OMB guidance at 2 CFR 180.200(c) (see optional lower tier coverage in the figure in the Appendix to 2 CFR part 180) Subpart C—Responsibilities of Participants Regarding Transactions § 2700.332 What methods must I use to pass requirements down to participants at lower tiers with whom I intend to do business? You, as a participant, must include a term or condition in lower-tier transactions requiring lower-tier participants to comply with subpart C of the OMB guidance in 2 CFR part 180, as supplemented by this part. Subpart D—Responsibilities of Federal Agency Officials Regarding Transactions § 2700.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435? To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with subpart C of 2 CFR part 180, as supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions. Subpart E-F—[Reserved] Subpart G—Suspension § 2700.765 How may I appeal my suspension?

(a)If the SBA suspending official issues a decision under § 180.755 to continue your suspension after you present information in opposition to that suspension under § 180.720, you may ask for review of the suspending official's decision in two ways:

(1)You may ask the suspending official to reconsider the decision for material errors of fact or law that you believe will change the outcome of the matter; or

(2)You may request that the SBA Office of Hearings and Appeals

(OHA)review the suspending official's decision to continue your suspension within 30 days of your receipt of the suspending official's decision under § 180.755 or paragraph (a)(1) of this section. However, OHA may reverse the suspending official's decision only where OHA finds that the decision is based on a clear error of material fact or law, or where OHA finds that the suspending official's decision was arbitrary, capricious, or an abuse of discretion. You may appeal the suspending official's decision without requesting reconsideration, or you may appeal the decision of the suspending official on reconsideration. The procedures governing OHA appeals are set forth in 13 CFR part 134.

(b)A request for review under this section must be in writing; state the specific findings you believe to be in error; and include the reasons or legal bases for your position.

(c)OHA, in its discretion, may stay the suspension pending review of the suspending official's decision.

(d)The SBA suspending official and OHA must notify you of their decision under this section, in writing, using the notice procedures set forth at §§ 180.615 and 180.975. Subpart H—Debarment § 2700.890 How may I appeal my debarment?

(a)If the SBA debarring official issues a decision under § 180.870 to debar you after you present information in opposition to a proposed debarment under § 180.815, you may ask for review of the debarring official's decision in two ways:

(1)You may ask the debarring official to reconsider the decision for material errors of fact or law that you believe will change the outcome of the matter; or

(2)You may request that the SBA Office of Hearings and Appeals

(OHA)review the debarring official's decision to debar you within 30 days of your receipt of the debarring official's decision under § 180.870 or paragraph (a)(1) of this section. However, OHA may reverse the debarring official's decision only where OHA finds that the decision is based on a clear error of material fact or law, or where OHA finds that the debarring official's decision was arbitrary, capricious, or an abuse of discretion. You may appeal the debarring official's decision without requesting reconsideration, or you may appeal the decision of the debarring official on reconsideration. The procedures governing OHA appeals are set forth in 13 CFR part 134.

(b)A request for review under this section must be in writing; state the specific findings you believe to be in error; and include the reasons or legal bases for your position.

(c)OHA, in its discretion, may stay the debarment pending review of the debarring official's decision.

(d)The SBA debarring official and OHA must notify you of their decision under this section, in writing, using the notice procedures set forth at §§ 180.615 and 180.975. Subpart I—Definitions § 2700.930 Debarring official (SBA supplement to government-wide definition at 2 CFR 180.930). For SBA, the debarring official for financial assistance programs is the Director of the Office of Lender Oversight; for all other programs, the debarring official is the Director of the Office of Business Operations. § 2700.995 Principal (SBA supplement to government-wide definition at 2 CFR 180.995). *Principal* means—

(a)Other examples of individuals who are principals in SBA covered transactions include:

(1)Principal investigators.

(2)Securities brokers and dealers under the section 7(a) Loan, Certified Development Company

(CDC)and Small Business Investment Company

(SBIC)programs.

(3)Applicant representatives under the section 7(a) Loan, CDC, SBIC, Small Business Development Center (SBDC), and section 7(j) programs.

(4)Providers of professional services under the section 7(a) Loan, CDC, SBIC, SBDC, and section 7(j) programs.

(5)Individuals that certify, authenticate or authorize billings.

(b)[Reserved] § 2700.1010 Suspending official (SBA supplement to government-wide definition at 2 CFR 180.1010). For SBA, the suspending official for financial assistance programs is the Director of the Office of Lender Oversight; for all other programs, the suspending official is the Director of the Office of Business Operations. Subpart J—[Reserved] Title XIII—Business Credit and Assistance; Chapter I—Small Business Administration PART 134—RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS 2. The authority citation for part 134 continues to read as follows: Authority: 5 U.S.C. 504; 15 U.S.C. 632, 634(b)(6), 637(a), 648(l), 656(i), and 687(c); E.O. 12549, 51 FR 6370, 3 CFR, 1986 Comp., p. 189. § 134.102 [Amended] 3. Section 134.102(p) of subpart B is amended by removing “part 145 of this chapter” and adding “2 CFR parts 180 and 2700” in its place. PART 145—[REMOVED] 4. Under the authority of 15 U.S.C. 634, 13 CFR part 145 is removed. Dated: July 12, 2007. Steven C. Preston, Administrator. [FR Doc. E7-14035 Filed 7-19-07; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Parts 800 and 810 RIN 0580-AA91 United States Standards for Sorghum AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Final rule. SUMMARY: We are revising the United States Standards for Sorghum to amend the definitions of the classes Sorghum, White sorghum, and Tannin sorghum, and to amend the definition of nongrain sorghum. We are amending the grade limits for broken kernels and foreign material (BNFM), and the subfactor foreign material (FM). Additionally, we are inserting a total count limit for other material into the standards and revising the method of certifying test weight (TW). Further, we are changing the inspection plan tolerances for BNFM and FM. These changes will help facilitate the marketing of sorghum. DATES: *Effective Date:* June 1, 2008. FOR FURTHER INFORMATION CONTACT: Patrick McCluskey at GIPSA, USDA, Suite 180 STOP 1404, 6501 Beacon Drive, Kansas City, MO, 64133; Telephone

(816)823-4639; fax

(816)823-4644. SUPPLEMENTARY INFORMATION: Background The United States Grain Standards Act (USGSA) authorizes the Secretary of Agriculture to establish official standards of kind and class, quality and condition for sorghum and other grains (7 U.S.C. 76). The United States Standards for Grain serve as the starting point to define grain quality in the marketplace. The United States Standards for Sorghum are in the regulations at 7 CFR 810.1401-810.1405. On September 24, 2003, GIPSA was asked by the National Sorghum Producers (NSP, formerly National Grain Sorghum Producers) to initiate a review of the sorghum standards. Accordingly, in the December 17, 2003 **Federal Register** (68 FR 70201), through an Advance Notice of Proposed Rulemaking

(ANPR)we requested views and comments on the sorghum standards. We received 35 comments to the ANPR. In the March 29, 2006 **Federal Register** (71 FR 15633-15639) we invited comments to our proposed rule identifying changes to the United States Standards for Sorghum to:

(1)Delete the reference to tannin content from definitions of Sorghum, Tannin sorghum and White sorghum, and define these classes based on the presence or absence of a pigmented testa (subcoat);

(2)Revise the definition of nongrain sorghum by deleting sorghum-sudangrass hybrids, sorgrass, and adding language referencing seeds of Sorghum bicolor (L.) Moench that appear atypical of grain sorghum;

(3)Reduce the grading limits for broken kernels and foreign material

(BNFM)and the subfactor foreign material (FM);

(4)Insert a total count limit of 10 for other material used to determine sample grade factors;

(5)Report the certification of sorghum test weight in tenths of a pound per bushel; and

(6)Revise the sorghum breakpoints and associated grade limits for U.S. Nos. 1, 2, 3, and 4 BNFM and FM. Comment Review We received 11 comments expressing a variety of views during the 60 day comment period for the proposed rule. We received comments from sorghum producers, producer and other industry organizations, grain handlers, and a sorghum researcher. Overall, the comments supported all or a significant portion of the changes. A few commenters opposed specific portions of the changes. Some commenters requested additional changes beyond the scope of the proposed rule: Deleting the separate reference to FM but retaining the standard for total BNFM in the sorghum standard; deleting the reference to other grains from the definition of Damaged Kernels and Heat-damaged Kernels; and standardizing feed grain standards. We will consider these comments for future work on the standards. Sorghum Class Definitions We proposed removing the reference to tannin content from definitions of Sorghum, Tannin sorghum and White sorghum, and define these classes based on the presence or absence of a pigmented testa (subcoat). We received nine comments on the proposal to remove the word tannin from the class definitions of Sorghum, Tannin sorghum, and White sorghum. Eight commenters directly supported the proposal as written and the other commenter did not oppose the proposal as written. No comments were received opposing the proposal. Of the supporting comments, most used identical language to state that defining sorghum based on the lack of a pigmented testa (subcoat) addressed the concerns of sorghum marketing organizations. Accordingly, we are amending the sorghum standards to remove the reference to tannin content from definitions of Sorghum, Tannin sorghum and White sorghum, and define these classes based on the presence or absence of a pigmented testa (subcoat), as set forth in the proposal. Nongrain Sorghum Definition We proposed changing the definition of nongrain sorghum by

(1)removing sorgrass and sorghum-sudangrass hybrids by

(2)adding the words “seeds of Sorghum bicolor (L.) Moench that appear atypical of grain sorghum.” No commenters opposed or supported the proposal as written. Sorghum-sudangrass hybrids (botanically, Sorghum bicolor (L.) Moench), despite being grown as a forage crop, can either produce kernels which appear typical of grain sorghum or kernels that appear atypical of grain sorghum. We continue to believe that there is no reason to count kernels which appear typical of grain sorghum as nongrain sorghum, and this proposed change is made final herein. Comments were received supporting the removal of sweet sorghum (sorgo) from the definition of nongrain sorghum because botanically, sweet sorghum is Sorghum bicolor (l.) Moench, as is grain sorghum and sorghum-sudangrass hybrid. We discussed removing sweet sorghum (sorgo) from the definition of nongrain sorghum in the proposed rule but did not propose it as a change to the standards, taking into account comments received as a result of the ANPR. Sweet sorghum plants can produce kernels that appear either typical or atypical of grain sorghum. Using the same rationale applied to sorghum-sudangrass hybrids, we believe there is no reason to count sweet sorghum kernels which appear typical of grain sorghum as nongrain sorghum. Further, the additional wording “and seeds of Sorghum bicolor (L.) Moench that appear atypical of grain sorghum” will allow sweet sorghum kernels which appear atypical of grain sorghum to be counted as nongrain sorghum. Therefore, based on the comments received, we will delete sweet sorghum (sorgo) from the definition of nongrain sorghum. Finally, comments noted that producers appear to be restricted from receiving any program support from USDA because of the continuing classification of sweet sorghum as a nongrain. However, market conditions drive standards development and amendment, not eligibility for program support from USDA. Nonetheless, the definition of nongrain sorghum will be changed, but not because of this comment. BNFM and FM Grade Limits We proposed reducing the grade limits for BNFM and the subfactor FM. Comments noted that proposed revisions to the limits for BNFM and the subfactor FM would make it very difficult to achieve U.S. Number 1. We carefully considered the technical constraints and concerns raised as a result of this proposed change. Currently, U.S. Number 2 is the common trading standard and our analysis showed virtually no difference in the percentage of sorghum receiving the Number 2 grade (BNFM: 100.0 percent versus 99.8 percent; FM: 99.9 percent versus 95.8 percent) as a result of reducing the grade limits. We believe there will be no aggregate negative impact on the export sorghum market. Likewise, we believe changes to the sorghum standards must serve to improve market efficiency and encourage the production and delivery of high quality sorghum. Therefore, we are making no changes based on this comment. Total Other Material Count We proposed limiting the total number of pieces of other material upon which sample grade factor determinations are made. Eight comments were received supporting the proposal specifically or by inference. No comments were received opposing the proposal. Sorghum is used as a food grain in much of the world, thus the sample grade limit for sorghum should be consistent with the sample grade limits for other grains used as food. Accordingly, we are amending the sorghum standards to include a maximum count limit of 10 for the total of other material used to determine sample grade factors. Test Weight Certification We proposed revising the certification of sorghum test weight from TW from whole and half pounds, with a fraction of a half pound disregarded, to certification in tenths of a pound. One comment was received in support of the proposal, and no comments were received opposing the proposal as written. Accordingly, as set forth in the proposal, we are amending the grain standards to revise the certification of sorghum test weight. Inspection Plan Tolerances Shiplots, unit trains, and lash barge lots are inspected with a statistically based inspection plan. Inspection tolerances, commonly referred to as Breakpoints (BP), are used to determine acceptable quality. The revisions to the sorghum standards require revisions to some breakpoints. Accordingly, we are revising Table 15 of section 800.86(c)(2) to reflect the corresponding changes in the established inspection plan tolerances. The grade limits

(GL)for sorghum are also revised in Table 15. Effective Date As specified in the USGSA (7 U.S.C. 76(b)), amendments to the standards cannot become effective less than one calendar year after public notification, unless in the judgment of the Secretary, the public health, interest, or safety require that they become effective sooner. In accordance with that section of the Act, it is determined that it is in the public interest to have this final rule effective on June 1, 2008, in order to coincide with the start of the 2008 sorghum harvest, and to facilitate domestic and export marketing of sorghum. Executive Order 12866 and Regulatory Flexibility Act This action has been determined to be exempt for the purposes of Executive Order 12866, and therefore has not been reviewed by the Office of Management and Budget. The Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ) requires agencies to consider the economic impact of each rule on small entities and evaluate alternatives that would accomplish the objectives of the rule without unduly burdening small entities or erecting barriers that would restrict their ability to compete in the market. We are amending the grain standards to change the definition of sorghum classes by deleting references to tannin and adding language referencing the presence or absence of a pigmented testa. We are amending the definition of nongrain sorghum by removing sorghum-sudangrass hybrids, sorgrass, and sweet sorghum (sorgo), and adding language referencing seeds of Sorghum bicolor (L.) Moench that appear atypical of grain sorghum. We are amending the grade and grade requirements for sorghum by reducing the grading limits for broken kernels and foreign material

(BNFM)and the subfactor foreign material (FM), and inserting a total count limit of 10 for other material used to determine sample grade factors. We are amending the grain standards to report the certification of test weight in tenths of a pound. The changes made to the sorghum standards in this final rule are needed to ensure market-relevant standards and grades and facilitate the marketing of grain. Under the provisions of the USGSA, grain exported from the United States must be officially inspected and weighed. The regulations and standards are applied equally to all entities. We provide mandatory inspection and weighing services at 33 export elevators (including four floating elevators). All of these facilities are owned by multi-national corporations, large cooperatives, or public entities that do not meet the requirements for small entities established by the Small Business Administration. The U.S. sorghum industry, including producers (approximately 40,000 (USDA-2002 Census of Agriculture)), handlers, processors, and merchandisers are the primary users of the U.S. Standards for Sorghum and utilize the official standards as a common trading language to market grain sorghum. We assume that some of the entities may be small. In addition to GIPSA, there are 55 official agencies that perform official services under the USGSA. Most users of the official inspection and weighing services, and the entities that perform these services, do not meet the regulations for small entities. The USGSA (7 U.S.C. 87f-1) requires the registration of all persons engaged in the business of buying, handling, weighing, or transporting grain for sale in foreign commerce. The USGSA regulations (7 CFR 800.30) define a foreign commerce grain business as persons who regularly engage in buying for sale, handling, weighing, or transporting grain totaling 15,000 metric tons or more during the preceding or current calendar year. At present, there are 92 registrants who account for practically 100 percent of U.S. sorghum exports, which for fiscal year

(FY)2005 totaled approximately 3,138,580 metric tons (MT). While most of the 89 registrants are large businesses, we assume some may be small. GIPSA determined that this final rule will not have a significant economic impact on a substantial number of small entities, as defined in the Regulatory Flexibility Act. Paperwork Reduction Act Pursuant to the Paperwork Reduction Act of 1995, the existing information collection requirements are approved under OMB Number 0580-0013. No additional collection or recordkeeping requirements are imposed on the public by this final rule. Accordingly, OMB clearance is not required by section 350(h) of the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* , or OMB's implementing regulation at 5 CFR part 1320. E-Government Compliance We are committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Executive Order 12988 Executive Order 12988, Civil Justice Reform, instructs each executive agency to adhere to certain requirements in the development of new and revised regulations in order to avoid unduly burdening the court system. The final rule was reviewed under this Executive Order and no additional related information has been obtained since then. This final rule is not intended to have a retroactive effect. The United States Grain Standards Act provides in Section 87g that no State or subdivision may require or impose any requirements or restrictions concerning the inspection, weighing, or description of grain under the USGSA. Otherwise, this final rule will not preempt any State or local laws, regulations, or policies, unless they present any irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this final rule. List of Subjects 7 CFR Part 800 Administrative practice and procedure, Conflict of interests, Exports, Freedom of information, Grains, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. 7 CFR Part 810 Exports, Grains. For reasons set out in the preamble, 7 CFR parts 800 and 810 are amended as follows: PART 800—GENERAL REGULATIONS 1. Revise the authority citation for part 800 to read as follows: Authority: 7 U.S.C. 71-87k. 2. In § 800.86(c)(2), revise table 15 to read as follows: § 800.86 Inspection of shiplot, unit train and lash barge grain in single lots.

(c)* * *

(2)* * * Table 15.—Grade Limits

(GL)and Breakpoints

(BP)for Sorghum Grade Minimum test weight per bushel (pounds) Maximum limits of— Damaged kernels Heat-damaged (percent) Total (percent) Broken kernels and foreign material Total (percent) Foreign material (percent) GL BP GL BP GL BP GL BP GL BP U.S. No. 1 57.0 −0.4 0.2 0.1 2.0 1.1 3.0 0.5 1.0 0.4 U.S. No. 2 55.0 −0.4 0.5 −0.4 5.0 1.8 6.0 0.6 2.0 0.5 U.S. No. 3 1 53.0 −0.4 1.0 0.5 10.0 2.3 8.0 0.7 3.0 0.6 U.S. No. 4 51.0 −0.4 3.0 0.8 15.0 2.8 10.0 0.8 4.0 0.7 1 Sorghum that is distinctly discolored shall be graded not higher than U.S. No. 3. PART 810—OFFICIAL UNITED STATES STANDARDS FOR GRAIN 3. Revise the authority citation for part 810 to read as follows: Authority: 7 U.S.C. 71-87k. 4. In § 810.102, revise paragraph

(d)to read as follows: § 810.102 Definition of other terms.

(d)*Test Weight per bushel* . The weight per Winchester bushel (2,150.42 cubic inches) as determined using an approved device according to procedures prescribed in FGIS instructions. Test weight per bushel in the standards for corn, mixed grain, oats, sorghum, and soybeans is determined on the original sample. Test weight per bushel in the standards for barley, flaxseed, rye, sunflower seed, triticale, and wheat is determined after mechanically cleaning the original sample. Test weight per bushel is recorded to the nearest tenth pound for corn, rye, sorghum, soybeans, triticale, and wheat. Test weight per bushel for all other grains, if applicable, is recorded in whole and half pounds with a fraction of a half pound disregarded. Test weight per bushel is not an official factor for canola. 5. In § 810.1402, revise paragraphs (c)(1) through (c)(3) and

(h)to read as follows: § 810.1402 Definition of other terms.

(c)* * *

(1)*Sorghum.* Sorghum which lacks a pigmented testa (subcoat) and contains less than 98.0 percent White sorghum and not more than 3.0 percent Tannin sorghum. The pericarp color of this class may appear white, yellow, red, pink, orange or bronze.

(2)*Tannin sorghum.* Sorghum which has a pigmented testa (subcoat) and contains not more than 10 percent of kernels without a pigmented testa.

(3)*White sorghum.* Sorghum which lacks a pigmented testa (subcoat) and contains not less than 98.0 percent kernels with a white pericarp, and contains not more than 2.0 percent of sorghum of other classes. This class includes sorghum containing spots that, singly or in combination, cover 25.0 percent or less of the kernel.

(h)*Nongrain sorghum.* Seeds of broomcorn, Johnson-grass, *Sorghum almum* Parodi, and sudangrass; and seeds of Sorghum bicolor (L.) Moench that appear atypical of grain sorghum. 6. Revise § 810.1404 to read as follows: § 810.1404 Grades and grade requirements for sorghum. Grading factors Grades U.S. Nos. 1 1 2 3 4 Minimum pound limits of Test weight per bushel 57.0 55.0 53.0 51.0 Maximum percent limits of Damaged kernels: Heat (part of total) 0.2 0.5 1.0 3.0 Total 2.0 5.0 10.0 15.0 Broken kernels and foreign material: Foreign material (part of total) 1.0 2.0 3.0 4.0 Total 3.0 6.0 8.0 10.0 Maximum count limits of Other material: Animal filth 9 9 9 9 Castor beans 1 1 1 1 Crotalaria seeds 2 2 2 2 Glass 1 1 1 1 Stones 2 7 7 7 7 Unknown foreign substance 3 3 3 3 Cockleburs 7 7 7 7 Total 3 10 10 10 10 U.S. Sample grade is sorghum that:

(a)Does not meet the requirements for U.S. Nos. 1, 2, 3, or 4; or

(b)Has a musty, sour, or commercially objectionable foreign odor (except smut odor); or

(c)Is badly weathered, heating, or distinctly low quality. 1 Sorghum which is distinctly discolored shall not grade higher than U.S. No. 3. 2 Aggregate weight of stones must also exceed 0.2 percent of the sample weight. 3 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, unknown foreign substance or cockleburs. David R. Shipman, Acting Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 07-3554 Filed 7-19-07; 8:45 am]

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