Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2007-11-05.xml --- 72 213 Monday, November 5, 2007 Contents AID Agency for International Development NOTICES Agency information collection activities; proposals, submissions, and approvals, 62428 07-5466 Agricultural Agricultural Marketing Service RULES Prunes (dried) produced in California, 62409-62412 07-5503 PROPOSED RULES Grade standards: Avocados (Florida), 62417 07-5468 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Asian longhorned beetle, 62409 E7-21684 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 62480-62481 E7-21666 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 62429 07-5545 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Navy Department NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 62444-62445 07-5500 07-5501 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62446-62449 E7-21641 E7-21642 E7-21643 E7-21644 Grants and cooperative agreements; availability, etc.: Postsecondary education— Business and International Education Program, 62453-62456 E7-21695 Gaining Early Awareness and Readiness for Undergraduate Programs, 62449-62453 E7-21692 Meetings:

National Assessment Governing Board, 62456-62458 E7-21678 Student Financial Assistance Advisory Committee, 62458-62459 E7-21665 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollution; standards of performance for new stationary sources: Continuous instrumental test methods update; technical amendments, 62414 E7-21721 Air quality planning purposes; designation of areas: Various States, 62414-62415 E7-21681 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Connecticut, 62420-62422 E7-21690 Massachusetts, 62422-62427 E7-21691 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62475-62476 E7-21689 Environmental statements; availability, etc.: Indiana; Coastal Nonpoint Pollution Control Program, 62444 07-5473 Meetings: Environmental Laboratory Advisory Board, 62476 E7-21723 Water pollution control: Total maximum daily loads— Louisiana, 62476-62477 E7-21722 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class E airspace, 62412 07-5454 FBI Federal Bureau of Investigation NOTICES Meetings:

Criminal Justice Information Services Advisory Policy Board, 62493 07-5472 FCC Federal Communications Commission NOTICES Debarment proceedings: Scott, Evelyn Myers, 62477-62479 E7-21719 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed: ExxonMobil Oil Corp., 62459-62460 E7-21653 Electric rate and corporate regulation combined filings, E7-21646 62460-62465 E7-21647 E7-21648 E7-21649 E7-21650 Environmental statements; availability, etc.: Portland General Electric Co., 62465 E7-21660 Environmental statements; notice of intent:

Palomar Gas Transmission, LLC, 62465-62468 E7-21651 Hydroelectric applications, 62468-62474 E7-21654 E7-21655 E7-21656 E7-21657 E7-21658 E7-21659 Meetings: State of the Natural Gas Industry Conference, 62474-62475 E7-21661 *Applications, hearings, determinations, etc.:* Tennessee Gas Pipeline Co., 62459 E7-21652 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.: Pottawattamie County, IA, 62513-62514 E7-21669 Federal Mediation Federal Mediation and Conciliation Service PROPOSED RULES Freedom of Information Act; implementation, 62417-62419 E7-21629 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications; diabetes exemptions, 62514-62520 E7-21640 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Incidental take permits— Oregon Coast; snowy plover, 62485-62486 E7-21670 Endangered and threatened species and marine mammal permit applications, determinations, etc., 62484-62485 E7-21728 Food Food and Drug Administration NOTICES Meetings: Adolescent over-the-counter drug products; public workshop, 62481-62482 E7-21713 Oncologic Drugs Advisory Committee, 62482-62483 E7-21630 Foreign Foreign Assets Control Office NOTICES Sanctions, blocked persons, specially-designated nationals, terrorists, narcotics traffickers, and foreign terrorist organizations:

Individuals and entities subject to various economic sanctions programs, 62520-62521 E7-21725 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Reports and guidance documents; availability, etc.: Foreign-trade zone procedures, local access; uniform treatment and related issues, 62430 E7-21720 *Applications, hearings, determinations, etc.:* South Carolina Kittel Supplier USA, Inc., 62429-62430 E7-21718 Forest Forest Service NOTICES Environmental statements; notice of intent:

Black Hills National Forest, WY and SD, 62428-62429 07-5467 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 62444-62445 07-5500 07-5501 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration NOTICES Committees; establishment, renewal, termination, etc.:

National Vaccine Advisory Committee, 62479-62480 E7-21682 Health Health Resources and Services Administration NOTICES Grant and cooperative agreement awards: Home Safety Council; poison prevention education, 62483 E7-21677 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 62486-62487 E7-21676 Industry Industry and Security Bureau RULES Export Administration regulations: Commerce Control List— Wassenaar Arrangement Plenary Agreement implementation;

Categories 1-9 revisions; reporting requirements, definitions, and new or expanded export controls, 62524-62551 E7-21247 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 62430 E7-21702 Lightweight thermal paper from— Various countries, 62430-62435 E7-21710 Welded large diameter line pipe from— Japan, 62435-62436 E7-21696 Welded large dismeter line pipe from— Mexico, 62436-62437 E7-21712 Countervailing duties:

Pasta from Italy, 62437-62438 E7-21716 Scope rulings and anticircumvention determinations; list, 62438-62441 E7-21707 Justice Justice Department See Federal Bureau of Investigation Land Land Management Bureau NOTICES Closure of public lands: California, 62487 E7-21675 Committees; establishment, renewal, termination, etc.: North Slope Science Initiative Technical Advisory Panel, 62487-62488 E7-21680 Environmental statements; availability, etc.: Richfield, UT; resource management plan; correction, 62488 07-5470 Environmental statements; notice of intent:

PacifiCorp et al.; correction, 62489 07-5469 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 62444-62445 07-5500 07-5501 National Foundation National Foundation on the Arts and the Humanities NOTICES Reports and guidance documents; availability, etc.: Federal financial assistance recipients; prohibition against national origin discrimination affecting limited English proficient persons, 62493-62497 E7-21631 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 62415-62416 07-5461 Northeastern United States fisheries— Atlantic bluefish, 62416 E7-21717 NOTICES Environmental statements; availability, etc.: Atlantic highly migratory species— Pelagic longline fishery, 62441-62444 07-5474 Indiana; Coastal Nonpoint Pollution Control Program, 62444 07-5473 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 62489-62492 07-5464 07-5465 Meetings: 2007 National Christmas Tree Lighting Event, 62492 E7-21639 Big Cypress National Preserve Off-road Vehicle Advisory Committee, 62492 E7-21637 Boston Harbor Islands National Recreation Area Advisory Council, 62492-62493 E7-21635 Navy Navy Department RULES Navigation:

International regulations for preventing collisions at sea; certifications and exemptions, 62412-62414 E7-21586 NOTICES Base realignment and closure: Surplus Federal property— Naval Air Station, Alameda, CA, 62445-62446 E7-21668 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent: FirstEnergy Nuclear Operating Co., 62497-62499 E7-21683 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Alzheimer's Disease Awareness Month (Proc. 8200), 62553-62556 07-5547 National Diabetes Month (Proc. 8201), 62557-62558 07-5548 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-21663 62499-62500 E7-21664 Meetings;

Sunshine Act, 62500 E7-21638 Securities: Suspension of trading— Tung Ding Resources, Inc., 62500 07-5519 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 62500-62502 E7-21632 International Securities Exchange, LLC, 62502-62504 E7-21662 New York Stock Exchange LLC, 62504-62508 E7-21633 E7-21636 Philadelphia Stock Exchange, Inc., 62508-62510 E7-21634 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62510-62513 E7-21587 State State Department NOTICES Culturally significant objects imported for exhibition:

Rhytons from Nysa, 62513 E7-21715 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62483-62484 E7-21295 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Foreign Assets Control Office Separate Parts In This Issue Part II Commerce Department, Industry and Security Bureau, 62524-62551 E7-21247 Part III Executive Office of the President, Presidential Documents, 62553-62558 07-5547 07-5548 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. 72 213 Monday, November 5, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0127] Asian Longhorned Beetle; Additions to Quarantined Areas AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the Asian longhorned beetle regulations by expanding the boundaries of the quarantined areas in New Jersey and restricting the interstate movement of regulated articles from those areas. The interim rule was necessary to prevent the spread of the Asian longhorned beetle to noninfested areas of the United States.

DATES: Effective on November 5, 2007, we are adopting as a final rule the interim rule published at 71 FR 59649-59651 on October 11, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, ALB National Coordinator, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(301)734-7338. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR 301.51-1 through 301.51-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of the Asian longhorned beetle

(ALB)to noninfested areas of the United States. Quarantined areas are listed in § 301.51-3(c) of the regulations. In an interim rule 1 effective October 4, 2006, and published in the **Federal Register** on October 11, 2006 (71 FR 59649-59651, Docket No. APHIS-2006-0127), we amended the list of quarantined areas in § 301.51-3(c) to include the City of Linden in Union County, NJ, as well as portions of the Borough of Roselle, the City of Elizabeth, and Clark Township, also in Union County. In addition, we also expanded the quarantined area in the City of Carteret in Middlesex County, NJ. 1 To view the interim rule and the comment we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2006-0127.* Comments on the interim rule were required to be received on or before December 11, 2006. We received one comment by that date, from a scientific organization. Although the commenter acknowledged that the regulations allow us to designate less than an entire State as a quarantined area, the commenter suggested that the spread of ALB within New Jersey was too unpredictable, and the possible damage too substantive, to allow us to quarantine less than the entire State of New Jersey. We are making no change in response to this comment. Dispersal and flight ability studies for ALB indicate that 99 percent of the beetle's movement occurs within one-half mile of an infested tree. The quarantined area within New Jersey extends approximately 1.5 miles in every direction from each infested tree. In addition, State and Federal plant health authorities have removed high-risk host trees, applied chemical treatments, and conducted extensive ground surveys of the quarantined area, in accordance with guidelines developed by scientists and program managers with experience in pest management and control, and ALB. APHIS believes that these measures effectively preclude the natural spread of ALB from the quarantined area. In addition, a number of measures have been taken to prevent the artificial spread of ALB from the quarantined area. In the interim rule, we restricted the interstate movement of regulated articles from the area. This measure augmented existing State regulations restricting the intrastate movement of regulated articles from a quarantined area. We have also conducted an extensive outreach campaign in the region around the quarantined area to educate the public to the dangers posed by the artificial spread of ALB. We believe these interlocking safeguards are adequate to mitigate the risk of the natural or artificial spread of ALB from the quarantined area. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule without change. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 71 FR 59649-59651 on October 11, 2006. Done in Washington, DC, this 30th day of October 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-21684 Filed 11-2-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 993 [Docket No. AMS-FV-07-0103; FV07-993-1 FR] Dried Prunes Produced in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Prune Marketing Committee (Committee) for the 2007-08 and subsequent crop years from $0.40 to $0.60 per ton of salable dried prunes. The Committee locally administers the marketing order that regulates the handling of dried prunes in California. Assessments upon dried prune handlers are used by the Committee to fund reasonable and necessary expenses of the program. The higher assessment rate is needed to offset an anticipated decrease in dried prune production this year. The crop year began August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* November 6, 2007. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, or Kurt 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.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 No. 110 and Marketing Order No. 993, both as amended (7 CFR part 993), regulating the handling of dried prunes grown in California, hereinafter referred to as the “order.” The marketing agreement and order are 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 dried prune 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 dried prunes beginning on August 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 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 increases the assessment rate established for the Committee for the 2007-08 and subsequent crop years from $0.40 to $0.60 per ton of salable dried prunes handled. The California dried prune 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 of California dried prunes. 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 discussed at a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2006-07 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 28, 2007, and unanimously recommended an assessment rate of $0.60 per ton of salable dried prunes and expenditures totaling $102,523 for the 2007-08 crop year. In comparison, last year's approved expenses as amended in April 2007 were $77,722. The assessment rate of $0.60 per ton of salable dried prunes is $0.20 higher than the rate currently in effect. The Committee recommended a higher assessment rate based on a production estimate of 95,000 tons of salable dried prunes for this year, which is substantially less than the 187,737 tons produced last year. At this assessment rate the assessment income for the 2007-08 crop year is $57,000. The Committee's budget of expenses of $102,523 includes a slight increase in personnel expenses, and a slight decrease in operating expenses. Combined salaries and expenses are almost two percent higher than last year, or about $65,580. The Committee also included $36,943 for contingencies. Most of the Committee's expenses reflect its portion of the joint administrative costs of the Committee and the California Dried Plum Board. Based on the Committee's reduced activities in recent years, it is funding only ten percent of the shared expenses of the two programs. This funding level is similar to that of last year. The Committee believes carryover funds, plus assessment and interest income, is adequate to cover its estimated expenses of $102,523. The major expenditures recommended by the Committee for the 2007-08 crop year include $50,505 for salaries and benefits, $15,075 for operating expenses, and $36,943 for contingencies. For the 2006-07 crop year, the Committee's budgeted expenses were $48,662 for salaries and benefits, $15,895 for operating expenses, and $13,165 for contingencies. The assessment rate recommended by the Committee was derived by dividing the handler assessment revenue needed to meet anticipated expenses by the estimated salable tons of California dried prunes. Dried prune production for the year is estimated to be 95,000 salable tons, which should provide $57,000 in assessment income at $0.60 per ton of salable dried prunes. Income derived from handler assessments, plus excess funds from the 2006-07 crop year should be adequate to cover budgeted expenses. The Committee is authorized under § 993.81(c) of the order to use excess assessment funds from the 2006-07 crop year (currently estimated at $45,423) for up to 5 months beyond the end of the crop year to meet 2007-08 crop year expenses. At the end of the 5 months, the Committee either refunds or credits excess funds to handlers. 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 will be in effect 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 the Committee's recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committees' 2007-08 budget and those for subsequent crop years will be reviewed and, as appropriate, approved by USDA. Final 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 final 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 1,100 producers of dried prunes in the production area and approximately 22 handlers subject to regulation under the marketing order. The Small Business Administration (13 CFR 121.201) defines small agricultural producers as those whose annual receipts are less than $750,000, and small agricultural service firms as those whose annual receipts are less than $6,500,000. An estimated 1,068 of the 1,100 producers (97.1 percent) have incomes of less than $750,000 and are considered small producers. Fourteen of the 22 handlers (63.6 percent) have incomes from handling prunes of less than $6,500,000 and could be considered small handlers. Therefore, the majority of handlers and producers of California dried prunes may be classified as small entities. This rule increases the assessment rate established for the Committee and collected from handlers for the 2007-08 and subsequent crop years from $0.40 to $0.60 per ton of salable dried prunes. The Committee met on June 28, 2007, and unanimously recommended estimated expenses for 2007-08 of $102,523 and an increased assessment rate of $0.60 per ton of salable dried prunes. The Committee's recommended budget was based on a slight increase in personnel expenses and a slight decrease in operating expenses. Combined salaries and expenses are almost two percent higher than last year, or about $65,580. The Committee also included $36,943 for contingencies. Most of the Committee's expenses reflect its portion of the joint administrative costs of the Committee and the California Dried Plum Board. Based on the Committee's reduced activities in recent years, it is funding only ten percent of the shared expenses of the two programs. This funding level is similar to that of last year. The Committee believes carryover funds, plus assessment and interest income, are adequate to cover its estimated expenses of $102,523. The assessment rate of $0.60 per ton of salable dried prunes is $0.20 higher than the rate currently in effect. The quantity of salable dried prunes for the 2007-08 crop year is currently estimated at 95,000 tons of salable dried prunes, compared to 187,737 tons of salable dried prunes for the 2006-07 crop year. The major expenditures recommended by the Committee for the 2007-08 crop year include $50,505 for salaries and benefits, $15,075 for operating expenses, and $36,943 for contingencies. Budgeted expenses for these items in 2006-07 were $48,662 for salaries and benefits, $15,895 for operating expenses, and $13,165 for contingencies. The 2007-08 crop year assessment rate was derived after considering the handler assessment rate revenue needed to meet anticipated crop year expenses; estimated production of salable dried prunes; and the estimated income from other sources, such as interest. Therefore, the Committee recommended an assessment rate of $0.60 per ton of salable dried prunes. Prior to arriving at its budget of $102,523, the Committee considered information from various sources, including the Committee's Executive Subcommittee. Alternative assessment rates, including the rate currently in effect, and different expenditure levels were discussed by the subcommittee and the Committee. An alternative to this action is to continue with the $0.40 per ton assessment rate. However, an assessment rate of $0.60 per ton of salable dried prunes, along with excess funds from the 2006-07 crop year, is needed to provide enough income to fund the Committee's operations. Therefore, the Committee agreed that $0.60 per ton of salable dried prunes is an acceptable assessment rate. Section 993.81(c) of the order provides the Committee the authority to use excess assessment funds from the 2006-07 crop year (currently estimated at $45,423) for up to 5 months beyond the end of the crop year to meet 2007-08 crop year expenses. At the end of the 5 months, the Committee either refunds or credits excess funds to handlers. A review of historical information and preliminary data pertaining to the upcoming crop year indicates that the producer price for the 2007-08 crop year is expected to average between $1,500 and $1,600 per ton of salable dried prunes. Based on an estimated 95,000 salable tons of dried prunes, assessment revenue as a percentage of producer prices during the 2006-07 crop year is expected to be between .038 and .040 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived by the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the California dried prune 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 28, 2007, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This rule imposes no additional reporting or recordkeeping requirements on either small or large California dried prune 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A proposed rule concerning this action was published in the **Federal Register** on September 7, 2007 (72 FR 51381). Copies of the proposed rule were also mailed or sent via facsimile to all prune handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 20-day comment period ending September 27, 2007, was provided to allow interested persons to respond to the proposal. No comments were received. 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 also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because the 2007-08 crop year began on August 1, 2007, and the marketing order requires that the rate of assessment for each year apply to all assessable prunes handled during the year; and handlers are already receiving 2007-08 crop prunes from growers. The Committee needs to have sufficient funds to meet its expenses which are incurred on a continuous basis. Further, handlers are aware of this rule which was which was unanimously recommended at a public meeting. Also, a 20-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 993 Marketing agreements, Plums, Prunes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 993 is amended as follows: PART 993—DRIED PRUNES PRODUCED IN CALIFORNIA 1. The authority citation for 7 CFR part 993 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 993.347 is revised to read as follows: § 993.347 Assessment rate. On and after August 1, 2007, an assessment rate of $0.60 per ton of salable dried prunes is established for California dried prunes. Dated: October 31, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 07-5503 Filed 11-1-07; 8:57 am]

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