Unknown. Interim final rule with request for comments

4,380 words·~20 min read·/register/2007/08/07/07-3856·

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-2007-08-07.xml --- 72 151 Tuesday, August 7, 2007 Contents Agricultural Agricultural Marketing Service RULES Raisins produced from grapes grown in California, 44029-44031 07-3856 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Housing Service See Rural Utilities Service Centers Centers for Medicare & Medicaid Services RULES Medicare: Inpatient rehabilitation facility prospective payment system (2008 FY); update, 44284-44335 07-3789 NOTICES Medicare:

Quality improvement program organization contracts; evaluation criteria and standards, 44150-44155 E7-15342 Privacy Act; systems of records, 44155-44159 E7-15250 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Alabama, 44081 E7-15353 Indiana, 44081-44082 E7-15354 Mississippi, 44082 E7-15355 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

China, 44126-44127 E7-15325 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 44220-44222 07-3834 Education Education Department PROPOSED RULES Postsecondary education: Academic Competitiveness Grant and National Science and Mathematics Access to Retain Talent Grant Programs, 44050-44065 E7-15306 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-15260 E7-15316 44127-44129 E7-15317 E7-15319 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Superfund; response and remedial actions, proposed settlements, etc.:

Georgia-Pacific Hardwood Site, NC, 44133 E7-15330 Water pollution control: Total maximum daily loads— Arkansas, 44133 E7-15329 Water programs: Federal Geographic Data Committee— Wetland mapping standard, 44133-44136 E7-15351 Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 44136 07-3863 FAA Federal Aviation Administration RULES Standard instrument approach procedures, 44033-44035 E7-15139 NOTICES Airport noise compatibility program: Noise exposure maps— Baton Rouge Metropolitan Airport, LA, 44216-44217 07-3846 Air traffic operating and flight rules, etc.

New York LaGuardia Airport, NJ and NY, 44214-44216 07-3855 FCC Federal Communications Commission NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., E7-15320 44136 E7-15344 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 44220-44222 07-3834 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 44132-44133 E7-15283 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission, LLC, 44129 E7-15286 E.ON U.S.

Hydro 1 LLC, 44129 E7-15282 Mosaic Fertilizer, LLC, 44129-44130 E7-15284 Northern Natural Gas Co., 44130 E7-15278 PacifiCorp, 44130 E7-15279 Petal Gas Storage, L.L.C., 44130-44131 E7-15287 Southwest Power Pool, Inc., 44131 E7-15280 Tampa, FL, 44131-44132 E7-15285 Umatilla Electric Cooperative Association, 44132 E7-15281 Federal Highway Federal Highway Administration PROPOSED RULES National Environmental Policy Act; implementation, 44038-44050 07-3781 NOTICES Federal agency actions on proposed highways; judicial review claims:

San Bernardino National Forest, CA; Big Bear Lake Bridge replacement project, 44217-44218 E7-15267 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards: Parts and accessories necessary for safe operation— Driveaway-towaway operations; fire extinguisher exception, 44035-44036 E7-15206 Federal Reserve Federal Reserve System RULES Truth in lending (Regulation Z): Home mortgage loan fees; adjustment, 44032-44033 E7-15194 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44136-44138 E7-15298 Banks and bank holding companies:

Change in bank control, 44138 E7-15296 Formations, acquisitions, and mergers, 44138 E7-15297 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 44138-44144 E7-15326 E7-15328 Prohibited trade practices: Colegio de Optometras de Puerto Rico et al., 44144-44146 E7-15356 Federal Transit Federal Transit Administration PROPOSED RULES National Environmental Policy Act; implementation, 44038-44050 07-3781 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— San Bernardino bluegrass and California taraxacum, 44232-44282 07-3836 Yadon's piperia, 44069-44073 E7-15193 Mexican gray wolf, 44065-44069 E7-14626 NOTICES Comprehensive conservation plans; availability, etc.: Medicine Lake National Wildlife Refuge Complex, MT, 44170-44171 E7-15291 Food Food and Drug Administration PROPOSED RULES Administrative rulings and decisions: Ozone-depleting substances use; essential-use designations— Oral pressurized metered-dose inhalers containing flunisolide, triamcinolone, metaproterenol, pirbuterol, albuterol, etc.; removed, 44037-44038 E7-15372 NOTICES Human drugs:

Drug products withdrawn from sale for reasons other than safety or effectiveness— Dexedrine, 44160-44161 E7-15236 Prevacid naprapac, 44159-44160 E7-15233 Reports and guidance documents; availability, etc.: Pediatric studies; medical and clinical pharmacology reviews; summaries, 44161 E7-15234 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Lincoln County, 44076 07-3839 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Deficit Reduction Act; implementation:

Hurricane Katrina evacuees; Federal medical assistance percentages (2008 FY), 44146-44149 E7-15321 Special Exposure Cohort; employee class designations: Dow Chemical Co., IL, 44149-44150 07-3845 Los Alamos National Laboratory, NM, 44150 07-3843 W.R. Grace, TN, 44150 07-3844 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Poison Control Center Stabilization and Enhancement Program, 44161-44162 E7-15352 National Vaccine Injury Compensation Program:

Petitions received; list, 44162-44164 E7-15349 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44169-44170 E7-15359 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes: Corporate estimated tax, 44338-44366 E7-14946 NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-15244 44222-44228 E7-15247 E7-15256 E7-15257 E7-15261 E7-15262 E7-15265 E7-15266 E7-15268 E7-15269 Health Insurance Portability and Accountability Act of 1996; implementation:

Expatriation; individuals losing United States citizenship; quarterly listing, 44228-44230 E7-15270 International International Trade Administration NOTICES Antidumping: Individually quick frozen red raspberries from— Chile, 44112-44122 E7-15327 Pasta from— Italy, 44082-44086 E7-15340 Polyethylene terephthalate film, sheet, and strip from— India, 44086-44089 E7-15322 Purified carboxymethylcellulose from— Finland, 44106-44112 E7-15343 Mexico, 44095-44099 E7-15324 Netherlands, 44099-44105 E7-15337 Sweden, 44089-44095 E7-15323 Countervailing duties:

Pneumatic off-the-road tires from— China, 44122-44126 07-3833 Justice Justice Department NOTICES Privacy Act; systems of records, 44182-44185 E7-15239 Land Land Management Bureau NOTICES Alaska Native claims selection: Doyon, Ltd., 44171 E7-15292 Committees; establishment, renewal, termination, etc.: Steens Mountain Advisory Council, 44171-44172 E7-15360 Oil and gas leases: Colorado, 44172 E7-15277 Recreation fee areas: Moab Field Office, Grand County, UT; camping areas, 44172-44173 E7-15363 Resource management plans, etc.:

South Coast Planning Area, CA, 44173-44174 E7-15365 Withdrawal and reservation of lands: Montana, 44174-44175 E7-15366 Utah, 44175-44176 E7-15275 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; Nonconforming vehicles importation eligibility determinations, 44218-44220 E7-15249 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 44164-44166 E7-15348 E7-15350 Committees; establishment, renewal, termination, etc.:

Interagency Autism Coordinating Committee, 44166 07-3850 Meetings: National Heart, Lung, and Blood Institute, 44166 07-3847 National Institute of Allergy and Infectious Diseases, 44167 07-3849 National Institute of Diabetes and Digestive and Kidney Diseases, 44166-44167 07-3848 National Institute on Alcohol Abuse and Alcoholism, 44168 07-3853 National Institute on Deafness and Other Communication Disorders, 44168 07-3851 Scientific Review Center, 44168-44169 07-3852 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Western Pacific fisheries— Precious corals, 44074-44075 E7-15209 National Park National Park Service NOTICES Boundary establishment, descriptions, etc.: Harpers Ferry National Historical Park, WV, 44176 E7-15308 Environmental statements; availability, etc.: Cape Cod National Seashore MA; hunting program, 44176-44177 E7-15295 Environmental statements; notice of intent: Cape Lookout National Seashore, NC, 44178-44179 07-3837 Sand Creek Massacre National Historic Site, CO, 44179-44180 E7-15293 Environmental statements; record of decision:

Death Valley National Park, CA, 44180 07-3838 Lake Mead National Recreation Area, NV; systems conveyance and operations program, 44180-44181 E7-15294 Meetings: Alaska Region Subsistence Resource Commissions, 44181 E7-15302 Native American Graves Protection Repatriation Review Committee, 44181-44182 E7-15347 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-15299 44185-44186 E7-15300 E7-15301 Environmental statements; availability, etc.:

Entergy Nuclear Vermont Yankee, LLC, et al., 44186-44187 E7-15345 Meetings; Sunshine Act, 44187 07-3860 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44187-44189 E7-15164 Rural Rural Housing Service NOTICES Grants and cooperative agreements; availability, etc.: Section 515 Multi-Family Housing Preservation Revolving Loan Fund Demonstration Program, 44076-44081 07-3841 RUS Rural Utilities Service RULES Grants:

Public Television Station Digital Transition Program, 44031-44032 E7-15263 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Lehman Brothers Asset Management LLC et al., 44190-44194 E7-15309 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 44194-44196 E7-15310 NASDAQ Stock Market LLC, 44196-44201 E7-15288 National Association of Securities Dealers, Inc., 44201-44204 E7-15290 E7-15311 New York Stock Exchange LLC, 44205-44208 E7-15274 E7-15313 NYSE Arca, Inc., 44208-44209 E7-15312 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44209-44210 E7-15243 Disaster loan areas:

Kansas, 44210 E7-15304 Texas, 44210 E7-15303 Meetings: National Small Business Development Center Advisory Board, 44210 E7-15305 National Women's Business Council, 44210 E7-15307 Regulatory Fairness Boards— Region I; hearing, 44211 E7-15315 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44211-44212 E7-15153 Meetings: Ticket to Work and Work Incentives Advisory Panel, 44212 E7-15252 State State Department NOTICES Culturally significant objects imported for exhibition:

Inspiring Impressionism, 44212-44213 E7-15338 Meetings: Shipping Coordinating Committee, 44213-44214 E7-15333 E7-15335 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 44232-44282 07-3836 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 44284-44335 07-3789 Part IV Treasury Department, Internal Revenue Service, 44338-44366 E7-14946 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. 72 151 Tuesday, August 7, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Docket No. AMS-FV-07-0083; FV07-989-3 IFR] Raisins Produced From Grapes Grown in California; Change in Requirements for Interhandler Transfers of Raisins AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule revises the requirements for interhandler transfers of raisins under the administrative rules and regulations of the California raisin marketing order (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative California (Committee). This rule requires handlers who transfer raisins to other handlers within the State of California to certify to the Committee that only acquired, free-tonnage raisins that meet all applicable order requirements are being transferred to receiving handlers.

This action should help maintain the integrity of the order by ensuring that handlers only transfer acquired, free-tonnage raisins that meet applicable order requirements. DATES: Effective August 1, 2007; comments received by August 22, 2007 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237;

Fax:

(202)720-8938; or Internet: *http://www.regulations.gov* . All comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov* . FOR FURTHER INFORMATION CONTACT: Rose M. Aguayo, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Telephone:

(559)487-5901, Fax:

(559)487-5906, or E-mail: *Rose.Aguayo@usda.gov* , or *Kurt.Kimmel@usda.gov* . Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 989 (7 CFR part 989), both as amended, regulating the handling of raisins produced from grapes grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule revises the requirements for interhandler transfers of raisins under the administrative rules and regulations of the California raisin order. This rule requires handlers who transfer raisins to other handlers within the State of California to certify to the Committee that only acquired, free-tonnage raisins that meet all applicable order requirements are being transferred. Pursuant to § 989.17, “acquire means to have or obtain physical possession of raisins by a handler at his packing or processing plant or at any other established receiving station operated by him.” However, handlers are not deemed to acquire raisins if they are being stored for another, being reconditioned, or held for inspection. Also the term only applies to the handler who first obtains possession of the raisins. Free tonnage raisins are those raisins which have been acquired, not placed in the reserve pool, and for which producers receive payment for 100 percent of handler purchases. This change should help maintain the integrity of the order and was unanimously recommended by the Committee at a public meeting on April 12, 2007. Section 989.59(e) of the order provides authority for handlers who acquire free-tonnage raisins to transfer such raisins to other handlers within the State of California. It also specifies that transferring handlers shall promptly report such transfers to the Committee, unless transfers are between plants owned or operated by the same handler. Further, it specifies that receiving handlers shall comply with all applicable order requirements before shipping or otherwise making final disposition of such raisins. Section 989.73 of the order provides authority for the RAC to collect reports from handlers and specifies that, upon request by the RAC, with the approval of the Secretary, handlers shall furnish to the RAC other information as may be necessary to enable it to exercise its powers and perform its duties. The RAC meets routinely to make decisions on various programs authorized under the order such as interhandler transfers. The RAC utilizes information collected under the order in its decision making. Section 989.173 of the order's administrative rules and regulations specifies certain reports that handlers are currently required to submit to the RAC. Under § 989.173(d)(1) of the order's rules and regulations any handler who transfers free-tonnage raisins to another handler within the State of California shall submit a report to the Committee showing information regarding the interhandler transfer not later than five calendar days following such transfer. Such information includes the transfer date; the names and addresses of the transferring parties; the variety, net weight, and condition of the raisins transferred; and the inspection certificate number, if the raisins have already been packed. Transferring handlers are required to forward two copies of the RAC Form No. 6, “Interhandler Transfers of Free-Tonnage Raisins,” to the receiving handler at the same time the report is submitted to the Committee. The receiving handler is required to certify receiving the raisins and to submit one copy of the certification report to the Committee within five calendar days of receiving the raisins or the copies of RAC Form No. 6, whichever is later. The Committee is concerned that some handlers may be transferring California raisins which are not acquired or which do not meet all applicable order requirements. Such requirements include proper reporting, inspection, assessments, and volume regulation. To help ensure that handlers only transfer acquired, free-tonnage raisins that meet all applicable order requirements, the Committee unanimously recommended at its April, 12, 2007, meeting that the transferring handlers certify on RAC Form No. 6, “Interhandler Transfer of Free-Tonnage Raisins,” that only acquired, free-tonnage raisins that meet all applicable order requirements are being transferred. The Committee expects that requiring this certification should help maintain the integrity of the order. This rule modifies § 989.173(d)(1) by deleting the word “and” from paragraph (iii); by changing the period to a semi-colon and adding the word “and” at end of paragraph (iv); and by adding a new subparagraph (v), which requires handlers to certify that the raisins being transferred are acquired, free-tonnage raisins that meet all applicable order requirements including proper reporting, incoming inspection, assessments, and volume regulation. The current RAC Form No. 6, “Interhandler Transfer of Free-Tonnage Raisins” will be modified by the addition of the following paragraph: “To Be Completed by Transferring Handler: The undersigned certifies that the raisins being transferred have met all Federal order requirements, including proper reporting, incoming inspection, assessments, and volume regulations, if applicable.” No additional reporting burden is placed upon reporting handlers. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 23 handlers of California raisins who are subject to regulation under the order and approximately 4,000 raisin producers in the regulated area. Small agricultural service firms are defined by the Small Business Administration

(SBA)(13 CFR 121.601) as those having annual receipts of less than $6,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. No more than 10 handlers, and a majority of producers, of California raisins may be classified as small entities. Thirteen of the 23 handlers subject to regulation have annual sales estimated to be at least $6,500,000, and the remaining 10 handlers have sales less than $6,500,000, excluding receipts from any other sources. This rule revises § 989.173(d)(1) of the order's administrative rules and regulations and requires handlers who transfer raisins to other handlers to certify on RAC Form No. 6, “Interhandler Transfer of Free-Tonnage Raisins,” that only acquired, free-tonnage raisins that meet all applicable order requirements are being transferred. This should help maintain the integrity of the order. Section 989.173(d)(1) is modified by deleting the word “and” from paragraph (iii); by changing the period to a semi-colon and adding the word “and” to paragraph (iv); and by adding a new subparagraph

(v)that requires handlers to certify that the raisins being transferred are acquired and meet all order requirements, including proper reporting, incoming inspection, assessments, and volume regulation, if applicable. Authority for interhandler transfers is provided in § 989.59, and authority to recommend this change is provided in § 989.73 of the order. Regarding the impact of this action on affected entities, it requires handlers who transfer raisins to other handlers to certify on RAC Form No. 6, “Interhandler Transfer of Free-Tonnage Raisins,” that such raisins are acquired, free-tonnage raisins that meet all applicable order requirements. The Committee considered not requiring handlers to certify that their transferred raisins are acquired free-tonnage raisins and that they meet all applicable order requirements. However, the Committee is concerned that some handlers may be transferring California raisins which are not acquired or which do not meet all applicable order requirements. Such requirements include proper reporting, incoming inspection, assessments, and volume regulation. As receiving handlers want additional assurance that they are receiving raisins which have been acquired and which meet applicable order requirements, the Committee unanimously recommended revising the requirements regarding interhandler transfers of free-tonnage raisins. All handlers must currently report their interhandler transfers to the Committee on RAC Form No. 6, “Interhandler Transfer of Free-Tonnage Raisins.” This form is currently approved by the Office of Management and Budget

(OMB)under OMB No. 0581-0178, Vegetable and Specialty Crops. This rule adds a certifying statement above the transferring handler's signature block to this form. This rule will not impose any additional reporting or recordkeeping requirements on either small or large raisin handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by the industry and public sector agencies. The AMS is 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. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this proposed rule. Further, the meetings were widely publicized throughout the California raisin industry and all interested persons were invited to attend the meetings and participate in deliberations on all issues. The Committee's Administrative Issues Work Group discussed this issue at length during meetings on January 23, and February 1, 2007. The Administrative Issues Subcommittee thus recommended the change to the Committee on April 12, 2007. All of these meetings were public meetings and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this interim final rule, including the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on a change to the handler reporting requirements currently prescribed under the California raisin marketing order. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant materials presented, including the Committee's recommendation, and other information, it is found that this interim final rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)The Committee unanimously recommended this change at a public meeting after a recommendation by one of its subcommittees, and all interested parties had the opportunity to provide input;

(2)handlers are aware of this change, which was discussed at four public meetings; and

(3)the crop year begins August 1, 2007, and this change should be in place by that date. List of Subjects in 7 CFR Part 989 Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 989 is amended as follows: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 989.173, paragraph

(d)is revised to read as follows: § 989.173 Reports.

(d)*Reports of interhandler transfers* —(1) *Free-tonnage.* Any handler who transfers free-tonnage raisins to another handler within the State of California shall submit to the Committee not later than five calendar days following such transfer a report showing:

(i)The date of transfer;

(ii)The name(s) and address(es) of the handler or handlers and the locations of the plants;

(iii)The varietal type of raisin, with organically produced raisins as specified in paragraph

(g)of this section separated out, net weight, and condition of the raisins transferred: Provided, That, for the Other Seedless varietal type, handlers shall report such information for the different types of Other Seedless raisins;

(iv)If packed, the inspection certificate number in the event such raisins have been inspected prior to such transfer and a certificate issued. Two copies of such report shall be forwarded to the receiving handler at the time the report is submitted to the Committee, on one of which the receiving handler shall certify to the receipt of such raisins and submit it to the Committee within five calendar days after the raisins or the copies of such report have been received by him, whichever is later; and

(v)If packed, the transferring handler shall certify that such handler is transferring only acquired, free-tonnage raisins that meet all applicable marketing order requirements, including reporting, incoming inspection, assessments, and volume regulation.

(2)*Off-grade and other failing raisins.* Any handler who transfers off-grade raisins or other failing raisins including off-grade raisins unsuccessfully reconditioned, to another handler, other than a processor within the State of California, shall submit to the Committee (on forms furnished by it) no later than Wednesday following the week of the transfer:

(i)The date of transfer;

(ii)The name and address of the receiving handler and the location of his plant;

(iii)The name and address of the tenderer of each lot included in the transfer and the inspection certificate numbers applicable to the lot; and

(iv)The varietal type, net weight, and condition of the raisins. Dated: August 2, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 07-3856 Filed 8-3-07; 9:12 am]

Connectionstraces to 4

Traces to 4 documents

CFR