Unknown. Direct final rule

5,575 words·~25 min read·/register/2007/09/07/07-4368

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-2007-09-07.xml --- 72 173 Friday, September 7, 2007 Contents Agricultural Agricultural Marketing Service RULES Dates (domestic) produced or packed in California, 51354-51357 07-4368 PROPOSED RULES Livestock mandatory reporting: Swine, cattle, lamb, and boxed beef; reporting regulations reestablishment and revision, 51378 07-4405 Pistachios grown in California, 51378-51381 07-4370 Prunes (dried) produced in California, 51381-51384 07-4369 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Meetings:

National Institute for Occupational Safety and Health— Radiation and Worker Health Advisory Board, 51445 E7-17681 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicaid: School administration expenditures and transportation for school-age children; elimination of reimbursement, 51397-51403 07-4356 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51445-51446 E7-17625 Children Children and Families Administration NOTICES Privacy Act; systems of records, 51446-51449 E7-17642 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Telecommunications and Information Administration Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 51419 07-4418 07-4419 Defense Defense Department See Engineers Corps Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 51421-51423 E7-17651 E7-17652 E7-17653 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions: Wells Fargo & Co. et al., 51467-51473 E7-17677 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Comprehensive restoration plans; availability, etc.:

Comprehensive Everglades Restoration Plan; intergovernmental agreement, 51419-51420 07-4376 07-4377 Environmental statements; notice of intent: Florence County, SC; Pee Dee Electrical Generating Station, 51420-51421 E7-17685 Meetings: Miami-Dade County, FL; wetlands rock mining; comment requests, 51421 07-4378 EPA Environmental Protection Agency RULES Air pollution; standards of performance for new stationary sources: Continuous instrumental test methods; harmonization, simplification, and update; technical amendments, 51365-51373 E7-17415 Water pollution control:

Mercury monitoring systems; relative accuracy test audits, 51494-51531 07-4147 PROPOSED RULES Air pollution; standards of performance for new stationary sources: Continuous instrumental test methods; harmonization, simplification, and update; technical amendments, 51392-51394 E7-17413 Air programs: Mercury monitoring systems installed on combustion flue gas streams; relative accuracy test audits, optional methods; etc., 51394-51396 E7-16852 NOTICES Agency information collection activities; proposals, submissions, and approvals, 51437-51441 E7-17688 E7-17690 Environmental statements; availability, etc.:

Agency comment availability, 51441 E7-17691 Agency weekly receipts, 51441-51442 E7-17695 Meetings: Pesticide Program Dialogue Committee, 51442-51443 E7-17719 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class D airspace, 51357-51358 07-4332 Class E airspace, 51358-51364 07-4323 07-4326 07-4327 07-4328 07-4329 07-4331 07-4353 PROPOSED RULES Airworthiness directives: Airbus, 51386-51388 E7-17686 General Electric Co., 51384-51386, 51388-51391 E7-17680 E7-17682 Class E airspace, 51391-51392 07-4285 FCC Federal Communications Commission RULES Radio services, special:

Private land mobile radio services— Public safety 700 MHz band, 51374 E7-17454 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 51443 E7-17713 E7-17714 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 51443 07-4406 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 51428-51431 E7-17692 E7-17693 E7-17694 Environmental statements; notice of intent: Dominion Transmission, Inc., 51431-51433 E7-17664 Kinder Morgan Interstate Gas Transmission LLC, 51433-51435 E7-17667 Hydroelectric applications, 51435-51436 E7-17655 E7-17656 Meetings:

Pinnacle West Capital Corp. et al.; technical conference, 51437 E7-17657 *Applications, hearings, determinations, etc.:* Corona Energy Partners, Ltd., 51423-51424 E7-17666 Dominion Cove Point LNG, LP, et al., 51424 E7-17661 Egan Hub Storage, LLC, 51424-51425 E7-17660 Energy West Development, Inc., 51425 E7-17662 E7-17663 Northern Natural Gas Co., 51425-51426 E7-17659 PJM Transmission Owners, 51426 E7-17665 Questar Pipeline Co., 51426-51427 E7-17658 Transcontinental Gas Pipe Line Corp., 51427-51428 E7-17668 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

El Paso County, TX, 51487-51488 07-4375 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 51443-51444 07-4417 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 51444 E7-17675 Federal Open Market Committee: Domestic policy directives, 51444 E7-17706 Federal Retirement Federal Retirement Thrift Investment Board RULES Thrift Savings Plan: Court orders and legal processes affecting Thrift Savings Plan accounts, 51353-51354 E7-17646 FTC Federal Trade Commission NOTICES Senior Executive Service Performance Review Board; membership, 51444 E7-17708 Fish Fish and Wildlife Service RULES Hunting and fishing:

Refuge-specific regulations; Upper Mississippi River National Wildlife and Fish Refuge, MN et al., 51534-51545 E7-17458 NOTICES Recovery plans: Pygmy rabbit, 51461-51462 E7-17679 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Dexmedetomidine, 51365 E7-17696 Etodolac, 51364-51365 E7-17645 NOTICES Memorandums of understanding: FDA and the University System of Maryland; collaborative research, public outreach, 51449-51458 07-4404 Reports and guidance documents; availability, etc.:

Spore-forming microorganisms in the production of certain biological products; industry guidance, 51458 E7-17709 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations: Narcotics-related blocked persons; additional designations, 51491-51492 07-4361 Sanctions, blocked persons, specially-designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations:

Narcotics-related blocked persons and entities; additional designations, 51490-51491 E7-17644 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* New Jersey, 51406-51407 E7-17710 Puerto Rico— Lilly del Caribe, Inc. pharmaceutical manufacturing and warehousing facilities, 51407 E7-17712 Forest Forest Service NOTICES Environmental statements; notice of intent: Angeles National Forest, CA, 51404-51406 E7-17168 GSA General Services Administration RULES Federal travel:

Travel and relocation expenses test programs, 51373-51374 E7-17654 Harry S. Truman Harry S. Truman Scholarship Foundation NOTICES Meetings; Sunshine Act, 51445 07-4403 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 51460-51461 07-4321 Indian Indian Affairs Bureau NOTICES Environmental statements; availability, etc.: Desert Rock Energy and Navajo Mine Extension Projects, San Juan County, NM, 51462-51463 E7-17356 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International International Trade Administration NOTICES Antidumping: Carbon and alloy steel wire rod from— Canada, 51408-51409 E7-17705 Trinidad and Tobago, 51408 E7-17701 Folding metal tables and chairs from— China, 51409-51411 E7-17702 Hand trucks and parts from— China, 51411 E7-17700 Stainless steel wire rod from— Sweden, 51411-51418 E7-17703 Justice Justice Department NOTICES Pollution control; consent judgments:

Gwen Campbell Trust 1995 et al., 51466 07-4359 Privacy Act; systems of records, 51466-51467 E7-17687 Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Environmental statements; record of decision: Kasha-Katuwe Tent Rocks National Monument, NM; resource management plan, 51463-51464 E7-17492 Meetings: Resource Advisory Councils— Boise District, 51464 E7-17684 Resource management plans, etc.: East Alaska planning area, AK, 51464-51465 E7-17491 Southern Diablo Mountain Range and Central Coast, CA, 51465-51466 E7-17718 Maritime Maritime Administration NOTICES Deepwater port licenses:

Woodside Natural Gas, Inc., 51488-51489 E7-17649 NIH National Institutes of Health NOTICES Meetings: National Center on Minority Health and Health Disparities, 51458-51459 07-4365 National Institute of Allergy and Infectious Diseases, 51459-51460 07-4363 07-4366 National Institute of Mental Health, 51459-51460 07-4364 National Institute on Aging, 51460 07-4367 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 51473-51474 E7-17650 National Telecommunications National Telecommunications and Information Administration NOTICES Committees; establishment, renewal, termination, etc.:

Joint Advisory Committee, 51418 E7-17648 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51489-51490 07-4362 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Historically Black Colleges and Universities Week (Proc. 8172), 51547-51550 07-4421 National Days of Prayer and Remembrance (Proc. 8173), 51551-51552 07-4422 Patriot Day (Proc. 8174), 51553-51554 07-4423 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Alliance World Dollar Government Fund, Inc, et al., 51474-51475 E7-17673 SPA ETF Trust and SPA ETF, Inc., 51475-51479 E7-17671 Trust for Professional Managers, Inc., et al, 51479-51481 E7-17698 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 51481-51483 E7-17670 Financial Industry Regulatory Authority, Inc, 51483-51485 E7-17699 NASDAQ Stock Market LLC, 51485-51486 E7-17669 State State Department NOTICES Culturally significant objects imported for exhibition:

Reflecting Antiquity: Modern Glass Inspired by Ancient Rome, 51486-51487 E7-17697 Surface Surface Transportation Board RULES Practice and procedure: Rail rate cases; simplified standards, 51375-51377 E7-17689 NOTICES Railroad operation, acquisition, construction, etc.: BNSF Railway Co., 51490 E7-17578 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office Separate Parts In This Issue Part II Environmental Protection Agency, 51494-51531 07-4147 Part III Interior Department, Fish and Wildlife Service, 51534-51545 E7-17458 Part IV Executive Office of the President, Presidential Documents, 51547-51554 07-4421 07-4422 07-4423 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. 72 173 Friday, September 7, 2007 Rules and Regulations FEDERAL RETIREMENT THRIFT INVESTMENT BOARD 5 CFR Parts 1630, 1640 and 1653 Privacy Act Regulations, Periodic Participant Statements and Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts AGENCY:

Federal Retirement Thrift Investment Board. ACTION: Direct final rule. SUMMARY: The Federal Retirement Thrift Investment Board (Agency) is amending its regulations to reflect the Agency's use of account numbers in place of Social Security numbers as the primary way of identifying participants' TSP accounts as well as the replacement of the Personal Identification Numbers

(PINs)with passwords to enter the Account Access portion of the TSP Web site. These changes represent enhanced security measures for the TSP. DATES: This rule is effective October 1, 2007, without further action, unless adverse comment is received by September 21, 2007. If adverse comment is received, the Agency will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: Comments may be sent to Thomas K. Emswiler, General Counsel, Federal Retirement Thrift Investment Board, 1250 H Street, NW., Washington, DC 20005. The Agency's Fax number is

(202)942-1676. FOR FURTHER INFORMATION CONTACT: Megan Graziano on

(202)942-1660. SUPPLEMENTARY INFORMATION: The Agency administers the TSP, which was established by the Federal Employees' Retirement System Act of 1986 (FERSA), Public Law 99-335, 100 Stat. 514. The TSP provisions of FERSA are codified, as amended, largely at 5 U.S.C. 8351 and 8401-79. The TSP is a tax-deferred retirement savings plan for Federal civilian employees and members of the uniformed services. The TSP is similar to cash or deferred arrangements established for private-sector employees under section 401(k) of the Internal Revenue Code (26 U.S.C. 401(k)). Privacy Act Regulations/Periodic Participant Statements/Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts In order to provide increased account and identity security to its participants, the Agency is amending its privacy, participant statement, and court order and legal process regulations to reflect its use of account numbers in place of Social Security numbers as the primary means of identifying and accessing TSP participants' accounts as well as its use of longer and more complex Web passwords in place of 4-digit PINs for access to the account information on the TSP Web site. Regulatory Flexibility Act I certify that these regulations will not have a significant economic impact on a substantial number of small entities. They will affect only employees of the Federal Government. Paperwork Reduction Act I certify that these regulations do not require additional reporting under the criteria of the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 Pursuant to the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 602, 632, 653, 1501-1571, the effects of this regulation on state, local, and tribal governments and the private sector have been assessed. This regulation will not compel the expenditure in any one year of $100 million or more by state, local, and tribal governments, in the aggregate, or by the private sector. Therefore, a statement under § 1532 is not required. Submission to Congress and the Government Accountability Office Pursuant to 5 U.S.C. 810(a)(1)(A), the Agency submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States before publication of this rule in the **Federal Register** . This rule is not a major rule as defined at 5 U.S.C. 814(2). List of Subjects 5 CFR Part 1630 Privacy. 5 CFR Part 1640 Government employees, Pensions, Retirement. 5 CFR Part 1653 Alimony, Claims, Government employees, Pensions, Retirement. Thomas K. Emswiler, General Counsel, Federal Retirement Thrift Investment Board. For the reasons set forth in the preamble, the Agency amends 5 CFR chapter VI as follows: PART 1630—PRIVACY ACT REGULATIONS 1. The authority citation for part 1630 continues to read as follows: Authority: 5 U.S.C. 552a. 2. In § 1630.2, redesignate paragraphs

(c)through

(p)as paragraphs

(e)through (r), redesignate paragraphs

(a)and

(b)as paragraphs

(b)and (c), and add new paragraphs

(a)and

(d)to read as follows: § 1630.2 Definitions.

(a)*Account number* means the number assigned by the Agency to each participant's TSP account which serves as the primary identification mechanism for a participant's account. The participant's Social Security number will remain the identifier for the submission of data and funds from agency and uniformed services payroll offices, for the submission of information to the Internal Revenue Service about distributions, and for some other administrative purposes.

(d)*Case reference number* means the number assigned by the Agency to the recipient of a court order payment or a death benefit payment. 3. Amend § 1630.4 by revising the fifth sentence and adding a sixth and seventh sentence in paragraph (a)(1) and revising the fifth sentence in paragraph (a)(2) as follows: § 1630.4 Request for notification and access.

(a)* * *

(1)* * * A written inquiry from a participant must include the participant's name and the participant's account number or Social Security number. A written inquiry from a spouse or former spouse or a beneficiary of the participant must include the inquiring party's name and Social Security number or, if available, the case reference number as well as the name and Social Security number or account number of the participant. Other third party inquiries (e.g., from other Federal agencies authorized to obtain information about the participant's account) must include, at a minimum, the participant's name and Social Security number.

(2)* * * To access these features, the participant may be required to provide identity and account verification information such as his or her account number, PIN, or Web password. 4. Amend § 1630.7 as follows: a. Revised paragraph (b). b. In the first sentence in paragraph (c)(1) after the words “their respective” add the words “account numbers (or case reference numbers) or”. c. In the first sentence in paragraph (c)(2) after the words and punctuation mark “her name,” add the words “account number (or case reference number) or”. d. In paragraph (c)(3) amend the second sentence and remove the third sentence as follows: § 1630.7 Identification requirements.

(b)*In writing.* A participant shall provide his or her name, date of birth, and account number or Social Security number and shall sign the request. Most other individuals shall provide the participant's account number or Social Security number, shall provide a statement of relationship to the participant unless it is clearly identified in the nature of the correspondence, and shall sign the request. If a request for access is granted by mail and, in the opinion of the Privacy Act Officer or record keeper designee after consulting with the appropriate system manager, the disclosure of the records through the mail may result in harm or embarrassment (if a person other than the subject individual were to receive the records), a notarized statement of identity or some other similar assurance of identity will be required.

(c)* * *

(3)* * * These systems may require identity and account verification information such as the participant's account number and Web password or PIN for the Web site and ThriftLine respectively. PART 1640—PERIODIC PARTICIPANT STATEMENTS 5. The authority citation for part 1640 continues to read as follows: Authority: 5 U.S.C. 8439(c)(1) and (c)(2), 5 U.S.C. 8474(b)(5) and (c)(1). § 1640.3 [Amended] 6. In § 1640.3, paragraph (a), remove the words “Social Security” and add, in their place, the word “account.” PART 1653—COURT ORDERS AND LEGAL PROCESSES AFFECTING THRIFT SAVINGS PLAN ACCOUNTS 7. The authority citation for part 1653 continues to read as follows: Authority: 5 U.S.C. 8435, 8436(b), 8437(e), 8439(a)(3), 8467, 8474(b)(5) and 8474(c)(1). 8. In § 1653.2, paragraph (a)(3)(iv), revise Examples (1), (2), and

(3)to read as follows: § 1653.2 Qualifying retirement benefits court orders.

(a)* * *

(3)* * *

(iv)* * * Example (1). ORDERED: [payee's name, Social Security number (SSN), and address] is awarded $____ from the [civilian or uniformed services] Thrift Savings Plan account of [participant's name, account number or SSN, and address]. Example (2). ORDERED: [payee's name, SSN, and address] is awarded ____% of the [civilian and/or uniformed services] Thrift Savings Plan account[s] of [participant's name, account number or SSN, and address] as of [date]. Example (3). ORDERED: [payee's name, SSN, and address] is awarded [fraction] of the [civilian and/or uniformed services] Thrift Savings Plan account[s] of [participant's name, account number or SSN, and address] as of [date]. § 1653.3 [Amended] 9. In § 1653.3(b)(1), before the words “Social Security number (SSN)” add the words “account number or.” § 1653.13 [Amended] 10. In § 1653.13(b)(1), before the words “Social Security number (SSN)” add the words “account number or.” [FR Doc. E7-17646 Filed 9-6-07; 8:45 am] BILLING CODE 6760-01-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Docket No. AMS-FV-07-0104; FV07-987-1 IFR] Domestic Dates Produced or Packed in Riverside County, CA; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule decreases the assessment rate established for the California Date Administrative Committee (committee) for the 2007-08 and subsequent crop year from $0.95 to $0.75 per hundredweight of dates handled. The committee recommended decreasing the assessment rate to reduce its cash reserve levels. The committee locally administers the marketing order which regulates the handling of dates grown or packed in Riverside County, California. Assessments upon date handlers are used by the committee to fund reasonable and necessary expenses of the program. The crop year begins October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective September 10, 2007. Comments received by November 6, 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.* Comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be 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: Terry Vawter, Senior 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: *Terry.Vawter@usda.govor* 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 Order No. 987, as amended (7 CFR part 987), regulating the handling of dates grown or packed in Riverside County, 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. Under the marketing order now in effect, California date handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable dates beginning October 1, 2007, and continue until amended, suspended, or terminated. 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 3 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. Such 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 decreases the assessment rate established for the committee for the 2007-08 and subsequent crop years from $0.95 per to $0.75 per hundredweight of dates. The California date marketing order provides authority for the committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the committee are producers and handlers of California dates.They are familiar with the committee's needs and with the costs for goods and services in their local area, and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and 4 discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2005-06 crop year and subsequent crop years, the committee recommended, and USDA approved, an assessment rate that would continue in effect from crop year to crop year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other information available to USDA. The committee met on June 21, 2007, and unanimously recommended 2007-08 expenditures of $209,182 and an assessment rate of $0.75 per hundredweight of California dates. In comparison, last year's budgeted expenditures were $127,485. The assessment rate of $0.75 is $0.20 lower than the rate currently in effect. The committee believes that the assessment rate should be reduced, because the 2006-07 crop was 3 million pounds larger than expected, resulting in $102,652 in accumulated cash reserves available for 2007-08 expenditures. Section 987.72(c) states that the reserve may not exceed 50 percent of the average of expenses incurred during the most recent five preceding crop years. The committee believes the decreased assessment rate will allow it to reduce the amount it holds in cash reserves to $30,115, by September 30, 2008, the end of the 2007-08 crop year. That reserve amount would be within the limits provided in § 987.72(c) Proceeds from sales of cull dates are deposited in a surplus account for subsequent use by the committee in covering the surplus pool share of the committee's expenses. Handlers may also dispose of cull dates of their own production within their own livestock-feeding operation; otherwise, such cull dates must be shipped or delivered to the committee for sale to non-human food product outlets. Pursuant to § 987.72(b), the committee is authorized to temporarily use funds derived from assessments to defray expenses incurred in disposing of surplus dates. All such expenses are required to be deducted from proceeds obtained by the committee from the disposal of surplus dates. For the 2007-08 crop year, the committee estimated that $2,000 from the surplus account would be needed to refund assessments used in paying committee expenses incurred in disposing of surplus dates. The major expenditures recommended by the committee for the 2007-08 crop year include $87,312 for general and administrative programs, $67,870 for promotional programs, $24,000 for marketing and media consulting, $5,000 for moving expenses, and $5,000 for updating marketing materials. The committee also budgeted $20,000 as a contingency reserve for other marketing and promotion projects that it may wish to support later in the year. By comparison, expenditures for the 2006-07 crop year were $127,485. Major expenditures recommended by the committee included $75,095 for general and administrative expenses, $22,390 for promotional expenses, and $30,000 for date nutritional analysis. The assessment rate recommended by the committee was derived by adding the incoming reserve funds from the 2006-07 crop year ($105,652), plus the anticipated assessment income from an estimated crop of 19,000,000 million pounds at $0.75 per hundredweight ($142,500) along with the contribution from the surplus program ($2,000), minus the proposed expenses of $209,182, and a refund of excess assessments of $10,855, leaving a reserve of $30,115 to carry into the 2008-09 crop year. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other available information. Although this assessment rate is effective for an indefinite period, the committee will continue to meet prior to or during each crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of committee meetings are available from the committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The committee's 2007-08 budget and those for subsequent crop years will be reviewed and, as appropriate, approved by USDA. 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 124 producers of dates in the production area and approximately 10 handlers subject to regulation under the marketing order. The Small Business Administration (13 CFR 121.201) defines small agricultural producers as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those having annual receipts of less than $6,500,000. An industry profile shows that four of the 10 handlers (40 percent) had date sales over $6,500,000 and could be considered large handlers by the Small Business Administration. Six of the 10 handlers (60 percent) had date sales of less than $6,500,000 and could be considered small handlers. An estimated 7 producers, or less than 6 percent, of the 124 total producers, would be considered large producers with annual incomes over $750,000. The remaining producers have incomes less than $750,000. The majority of handlers and producers of California dates may be classified as small entities. This rule decreases the assessment rate established for the committee and collected from handlers for the 2007-08 and subsequent crop years from $0.95 to $0.75 per hundredweight of dates handled. The committee unanimously recommended 2007-08 expenditures of $209,182 and an assessment rate of $0.75 per hundredweight of dates, which is $0.20 lower than the 2005-06 rate, currently in effect. The committee recommended decreasing the assessment rate to reduce its cash reserve levels. The quantity of assessable dates for the 2007-08 crop year is estimated at 19,000,000 pounds. Thus, the $0.75 rate should provide $142,500 in assessment income and, with reserve funds of $105,652 and the $20,000 contribution from the surplus program, will be adequate to meet the 2007-08 crop year expenses. The major expenditures recommended by the committee for the 2007-08 crop year include $87,312 for general and administrative programs, $67,870 for promotional programs, $24,000 for marketing and media consulting, $5,000 for moving expenses, and $5,000 for updating marketing materials. The committee also budgeted $2,000 as a contingency reserve for other marketing and promotion projects that it may wish to support later in the year. The committee believes that the assessment rate should be reduced because the unanticipated increased date production during the 2006-07 crop year resulted in a larger carry-in of funds than the committee prefers. The decrease in the assessment rate would allow the committee to reduce its cash reserves to an appropriate level. The committee reviewed and unanimously recommended 2007-08 crop year expenditures of $209,180. Prior to arriving at this budget, the committee considered information from various sources, such as the committee's Marketing Subcommittee. Alternative expenditure levels were an option available to the committee, but given the windfall from the larger-than-expected 2006-07 crop, it was ultimately determined that a $209,180 budget would be most beneficial to the industry. The assessment rate of $0.75 per hundredweight of dates was then derived, based upon the committee's estimates of the incoming reserve, income, and anticipated expenses. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2007-08 crop year could range between $45 and $50 per hundredweight of dates. Therefore, the estimated assessment revenue for the 2007-08 crop year as a percentage of total grower revenue is approximately 1.67 to 1.5 percent, respectively. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the committee's meeting was widely publicized throughout the California date industry and all interested persons were invited to attend the meeting and participate in committee deliberations on all issues. Like all committee meetings, the June 21, 2007, meeting was a public meeting 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. This action imposes no additional reporting or recordkeeping requirements on either small or large California date handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. 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 rule. 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. After consideration of all relevant material presented, including the information and recommendation submitted by the committee and other available information, it is hereby found that this 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 2007-08 crop year begins on October 1, 2007, and the marketing order requires that the rate of assessment for each crop years apply to all assessable dates handled during such crop year;

(2)the action decreases the assessment rate for assessable dates beginning with the 2007-08 crop year;

(3)handlers are aware of this action which was unanimously recommended by the committee at a public meeting and is similar to other assessment rate actions issued in past years; and

(4)this interim final rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 987 is amended as follows: PART 997—DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA 1. The authority citation for 7 CFR part 987 continues to read as follows: Authority: 7 U.S.C. 601-674. Section 987.339 is revised to read as follows: § 987.339 Assessment rate. On and after October 1, 2007, an assessment rate of $0.75 per hundredweight is established for California dates. Dated: August 30, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 07-4368 Filed 9-6-07; 8:45 am]

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