Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · REGISTER · 2008-02-29 · PROPOSED RULES · Agricultural Agricultural Marketing Service RULES Onions Grown in South Texas: Order Amending Marketing Order No. 959, 10973-10976 E8-3944 Tomatoes Grown in Florida; Decreased Assessment Rate, 10976-1 · Unknown

Unknown. Final rule

17,782 words·~81 min read·/register/2008/02/29/08-887

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-2008-02-29.xml --- 73 41 Friday, February 29, 2008 Contents Agricultural Agricultural Marketing Service RULES Onions Grown in South Texas: Order Amending Marketing Order No. 959, 10973-10976 E8-3944 Tomatoes Grown in Florida; Decreased Assessment Rate, 10976-10978 E8-3801 PROPOSED RULES Milk in the Appalachian, Florida, and Southeast Marketing Areas: Tentative Decision and Opportunity to File Written Exceptions on Proposed Amendments to Tentative Marketing Agreements and to Orders, 11194-11229 08-881 Onions Grown in South Texas;
Increased Assessment Rate, 11060-11062 08-898 Partial Recommended Decision: Milk in the Appalachian, Florida and Southeast Marketing areas, 11062-11066 E8-3846 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation See Forest Service American American Indian Arts Institute See Institute of American Indian and Alaska Native Culture and Arts Development Animal Animal and Plant Health Inspection Service RULES Importation of Fruits and Vegetables, 10971-10973 E8-3901 Army Army Department See Engineers Corps NOTICES Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing:
Identification of Staphylococcal Enterotoxin-B Sequences Involved in Cell Proliferation and Cell Death, 11096 E8-3916 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services RULES Medicare Program: Changes to the Medicare Claims Appeal Procedures; Continuation of Effectiveness and Extension of Timeline for Publication of Final Rule, 11043 E8-3861 Revisit User Fee Program for Medicare Survey and Certification Activities, 11043-11048 E8-3830 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 11119-11120 E8-3839 Meetings: Medicare Evidence Development and Coverage Advisory Committee, 11120-11121 E8-3829 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 11092-11093 08-913 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Atlantic Intracoastal Waterway; Wrightsville Beach, NC, 11042 E8-3834 Commerce Commerce Department See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List:
Addition, 11091-11092 E8-3892 Proposed Additions and Deletion, 11092 E8-3891 Defense Defense Department See Army Department See Engineers Corps See Navy Department NOTICES Meetings: Defense Advisory Committee on Military Personnel Testing, 11094 E8-3907 Defense Science Board, E8-3894 E8-3895 11094-11095 E8-3896 Privacy Act; System of Records, 11095-11096 E8-3914 Drug Drug Enforcement Administration NOTICES Denial of Application; Pamela Monterosso, D.M.D., 11146-11148 E8-3873 Importer of Controlled Substances;
Notice of Application, 11149 E8-3874 Importer of Controlled Substances Notice of Application, 11148-11149 E8-3858 Manufacturer of Controlled Substances; Notice of Application, 11149-11150 E8-3875 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11101 E8-3953 Personnel Development to Improve Services and Results for Children with Disabilities Program; Correction, 11192 Z8-3520 Employee Employee Benefits Security Administration PROPOSED RULES Amendment of Regulation:
Definition of Plan Assets; Participant Contributions, 11072-11079 E8-3596 Employment Employment and Training Administration NOTICES Affirmative Determination Regarding Application for Reconsideration: F.L. Smithe Machine Co., Duncansville, Pennsylvania, 11150-11151 E8-3795 Certification Regarding Eligibility: Worker Adjustment Assistance and Alternative Trade Adjustment Assistance; Joan Fabrics Corp., et al., NC, 11151 E8-3794 Determinations Regarding Eligibility: Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 11151-11153 E8-3793 Investigations Regarding Certifications of Eligibility, etc., 11153-11155 E8-3791 E8-3792 Termination of Investigation:
Keola Precision Technologies, Fremont, California, 11155 E8-3797 Northern Machine Tool Co., Muskegon, Michigan, 11155 E8-3796 WestPoint Home, New York Sales Offices, NY, 11155 E8-3790 Energy Energy Department See Federal Energy Regulatory Commission RULES Defense Priorities and Allocations System, 10980-10985 E8-3773 PROPOSED RULES Defense Priorities and Allocations System, 11066-11067 E8-3776 NOTICES Cancellation of Environmental Impact Statement: Implementation of Low-Emission Boiler System;
Elkhart, IL, 11101-11102 E8-3923 Meetings: Environmental Management Site-Specific Advisory Board, Paducah, E8-3902 11102-11103 E8-3926 Nuclear Energy Advisory Committee, 11103 E8-3927 Record of Decision; Remediation of Moab Uranium Mill Tailings Grand and San Juan Counties, Utah, 11103-11104 E8-3931 Engineers Engineers Corps NOTICES Intent to Prepare Environmental Impact Statement: 408 Permission and 404 Permit to Three Rivers Levee Improvement Authority; Feather River Levee Repair Project, California, 11097 E8-3919 American River Common Features General Reevaluation Report, Sacramento, CA, 11097-11098 E8-3922 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:
Illinois; Revisions to Emission Reduction Market System, 11042 E8-3800 Ohio; Oxides of Nitrogen Budget Trading Program; Correction, 11192 Z8-2506 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11108-11110 E8-3934 Data Availability for Lead National Ambient Air Quality Standard Review, 11110-11111 E8-3935 Environmental Impacts Statements; Notice of Availability, 11112 E8-3917 Environmental Impact Statements and Regulations; Availability of EPA Comments, 11111-11112 E8-3937 Meetings:
Consumer Products Environmental Partnerships Program, 11112-11113 E8-3936 Science Advisory Board Staff Office, 11113-11114 E8-3933 Pesticide Emergency Exemptions: Agency Decisions and State and Federal Agency Crisis Declarations [ **Editorial Note: ** This document was inadvertently omitted from the **Federal Register ** of Wednesday, February 27, 2008], 11114-11116 E8-3491 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Establishment of Class E Airspace:
Montrose, PA, 11002-11003 08-876 Oil City, PA, 11002 08-875 Performance and Handling Qualities Requirements for Rotorcraft, 10987-11002 E8-3817 Provisions of an Entire Aircraft With Crew to a U.S. Certificated Air Carrier by a Foreign Air Carrier, 10986-10987 E8-3470 PROPOSED RULES Airworthiness Directives: Airbus Model A300 and A300-600 Series Airplanes, 11067-11069 E8-3823 Short Brothers Model SD3-60 Airplanes, 11070-11072 E8-3825 Proposed Establishment of Class E Airspace;
Walden, CO; Correction, 11192 Z8-844 FCC Federal Communications Commission RULES Commission's Cable Horizontal and Vertical Ownership Limits, 11048-11050 E8-3700 Federal Crop Federal Crop Insurance Corporation RULES Common Crop Insurance Regulations: Florida Citrus Fruit Crop Insurance Provisions; Correction, 10973 E8-3854 PROPOSED RULES Common Crop Insurance Regulations: Grape and Table Grape Crop Insurance Provisions, 11054-11060 E8-3850 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, E8-3904 11128-11136 E8-3905 E8-3906 E8-3908 Federal Energy Federal Energy Regulatory Commission RULES Blanket Authorization Under FPA Section 203, 11003-11013 E8-3812 Cross-Subsidization Restrictions on Affiliate Transactions, 11013-11026 E8-3820 NOTICES Applications Accepted for Filing, Soliciting Motions to Intervene and Protests etc.: Puget Sound Energy, Inc., 11104-11105 E8-3886 Authorization for Continued Project Operation: Southern California Edison Company, 11105-11106 E8-3885 Issuance of Order:
Langdon Wind, LLC, 11106 E8-3884 Notice of Filing: Bicent (California) Malburg LLC, 11106 E8-3883 Freebird Gas Storage, LLC, 11106-11107 E8-3881 New York Regional Interconnect, Inc., 11107 E8-3882 Southwestern Power Administration, 11107 E8-3888 Petition for Rate Approval: Energy Transfer Fuel, L.P., 11108 E8-3887 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statement: Washoe County, Nevada, 11186-11187 08-885 Final Federal Agency Actions; Winston-Salem Northern Beltway, Forsyth County, NC, 11187-11188 E8-3878 Rural Safety Innovation Program, 11188-11190 E8-3716 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings;
Sunshine Act, 11190-11191 08-916 Federal Railroad Federal Railroad Administration NOTICES Establishment of an Emergency Relief Docket for Calendar Year 2008, 11191 08-889 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11116-11118 E8-3910 Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies, 11118 E8-3867 E8-3911 Formations, Acquisitions, and Mergers of Bank Holding Companies, 11118-11119 E8-3868 Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies Engaged in Permissible Nonbanking Activities, 11119 E8-3869 Fish Fish and Wildlife Service NOTICES Endangered Species Recovery Permit Applications, 11136-11137 E8-3900 Intent to Prepare Comprehensive Conservation Plan, etc.:
Willamette Valley National Wildlife Refuge Complex, Corvallis, OR, 11137-11138 E8-3898 Food Food and Drug Administration RULES New Animal Drugs: Albendazole, 11026-11027 E8-3877 NOTICES Not Withdrawn From Sale for Reasons of Safety or Effectiveness: MINOCIN (Minocycline Hydrochloride) Capsules Equivalent to 75 Milligrams Base, 11121-11122 E8-3879 Temporary Permit for Market Testing: Frozen Concentrate for Lemonade Deviating From Identity Standard, 11095 E8-3912 Forest Forest Service NOTICES Environmental Statements;
Notice of Intent: Apache-Sitgreaves National Forests, AZ; Motorized Travel Management Plan; Correction, 11088-11091 08-882 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Designation of Medically Underserved Populations and Health Professional Shortage Areas, 11232-11281 E8-3643 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 11136 08-852 Indian Indian Affairs Bureau RULES Irrigation Operation and Maintenance, 11028-11041 E8-3698 Institute Institute of American Indian and Alaska Native Culture and Arts Development NOTICES Request for Nominations to the Board of Trustees, 11091 E8-3897 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau PROPOSED RULES Natural Resource Damages for Hazardous Substances, 11081-11087 E8-3683 IRS Internal Revenue Service RULES Release of Lien or Discharge of Property;
Correction, 11192 Z8-1569 Justice Justice Department See Drug Enforcement Administration See Prisons Bureau Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Availability of Fire, Fuels and Related Vegetation Management Direction Proposed Plan Amendment, etc., 11138-11139 E8-3784 Availability of Proposed Resource Management Plan and Final Environmental Impact Statement:
Snake River Birds of Prey National Conservation Area, Idaho, 11139-11140 E8-3942 Intent to Prepare Resource Management Plan and Environmental Impact Statement: Alaska's Eastern Interior Planning Area, 11140-11142 E8-3924 Intent to Prepare Resource Management Plan Revision and Environmental Impact Statement: Rio Puerco Field Office, New Mexico, 11142-11143 E8-3943 Proposed Reinstatement of Terminated Oil and Gas Lease: Wyoming, E8-3862 11143-11144 E8-3863 E8-3864 E8-3866 Millennium Millennium Challenge Corporation NOTICES Meetings;
Sunshine Act, 11155 08-921 Mine Mine Safety and Health Administration RULES Asbestos Exposure Limit, 11284-11304 E8-3828 National Institute National Institute of Standards and Technology NOTICES Request for Comments on Proposed Establishment of Laboratory Accreditation Programs, 11093 E8-3938 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11122-11123 E8-3836 Government-Owned Inventions; Availability for Licensing, 11123-11126 E8-3837 Meetings:
Office of the Director, National Institutes of Health, 11126 08-888 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 27/14; Correction, 11051 E8-3840 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Non-American Fisheries Act Crab Vessels Catching Pacific Cod for Processing by the Offshore Component in the Western Regulatory Area, 11051-11052 08-894 08-895 Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Central Regulatory Area, 11052-11053 08-896 Navy Navy Department NOTICES Meetings:
Ocean Research and Resources Advisory Panel, 11098 E8-3893 Privacy Act; System of Records, 11098-11101 E8-3909 E8-3915 Nuclear Nuclear Regulatory Commission RULES Delegated Authority to Order Use of Procedures for Access to Certain Sensitive Unclassified Information, 10978-10980 E8-3824 NOTICES Acceptance for Docketing an Application for Combined License for William States Lee III Units 1 and 2: Duke Energy, 11156 E8-3952 Acceptance for Docketing an Application for Standard Design Certification;
AREVA NP Inc., 11156-11157 E8-3918 Availability of Environmental Assessment and Finding of No Significant Impact: License Amendment to Byproduct and Source Materials; Army Facilities, Picatinny Arsenal, NJ, 11157-11158 E8-3920 Order Imposing Fingerprinting and Criminal History Record Check Requirements, etc., 11159-11163 E8-3921 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office PROPOSED RULES Changes in Rules for Filing Trademark Correspondence by Express Mail, Certificate of Mailing or Transmission, 11079-11081 E8-3929 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline safety:
Advisory bulletins— Older plastic pipe; premature brittle-like cracking susceptibility; Correction, 11192 C7-4309 Prisons Prisons Bureau NOTICES Availability of Draft Environmental Assessment for Proposed Federal Correctional Institution; Hazelton, WV, 11150 E8-3680 Reclamation Reclamation Bureau NOTICES Availability of Environmental Impact Statement and Announcement of Public Meetings: Southern Delivery System, Colorado, 11144-11146 E8-3679 Intent to Prepare Environmental Impact Statement:
Equus Beds Division, Wichita Project; Wichita, Kansas, 11146 E8-3530 SEC Securities and Exchange Commission NOTICES Notice of Application: Kohlberg Capital Corporation, 11164-11167 E8-3845 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 11168-11170 E8-3798 Chicago Board Options Exchange, Inc., Correction, 11192 Z8-3059 International Securities Exchange, LLC, 11167-11168, 11170-11173 E8-3841 E8-3842 NYSE Arca, Inc., 11173-11178 E8-3844 E8-3890 Philadelphia Stock Exchange, Inc., 11178-11181 E8-3843 SBA Small Business Administration NOTICES Disaster Declaration:
Alabama, 11181-11182 E8-3847 E8-3849 Arkansas, E8-3855 11182-11183 E8-3856 E8-3857 E8-3860 Indiana, 11183 E8-3851 Kentucky, 11183-11184 E8-3870 Tennessee, 11184 E8-3859 Meetings: National Small Business Development Center Advisory Board, E8-3872 11184-11185 E8-3876 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11185-11186 E8-3871 State State Department RULES Visas; Documentation of Immigrants Under the Immigration and Nationality Act, 11027-11028 E8-3941 NOTICES Meetings:
Advisory Committee on International Postal and Delivery Services, 11186 E8-3939 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 11126-11128 E8-3903 Thrift Thrift Supervision Office RULES Prohibited Service at Savings and Loan Holding Companies: Extension of Expiration Date of Temporary Exemption, 10985-10986 08-887 Trade Trade Representative, Office of United States NOTICES Extension of Deadline to Receive Comments on Child Labor Review:
Production of Certain Gsp-Eligible Hand-Loomed Carpets, 11163-11164 E8-3925 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration RULES Provisions of an Entire Aircraft With Crew to a U.S. Certificated Air Carrier by a Foreign Air Carrier, 10986-10987 E8-3470 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Agriculture Department, Agricultural Marketing Service, 11194-11229 08-881 Part III Health and Human Services Department, 11232-11281 E8-3643 Part IV Labor Department, Mine Safety and Health Administration, 11284-11304 E8-3828 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. 73 41 Friday, February 29, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2007-0116] RIN 0579-AC64 Importation of Fruits and Vegetables AGENCY:
Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the fruits and vegetables regulations by eliminating a treatment requirement for Ya pears imported from Shandong Province, China; clarifying the conditions that apply to the importation of sand pears from the Republic of Korea and Japan; and clarifying the distinction between plant parts that would be considered plant litter or debris and those that would not. These changes eliminate a treatment requirement that we have determined is no longer necessary and clarify some existing provisions in order to make the regulations easier to understand and implement.
DATES: *Effective Date:* March 31, 2008. FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist, Commodity Import Analysis and Operation, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;
(301)734-5333. SUPPLEMENTARY INFORMATION: Background Under the regulations in “Subpart-Fruits and Vegetables” (7 CFR 319.56-1 to 319.56-47, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into and spread within the United States. On December 11, 2007, we published in the **Federal Register** (72 FR 70237-70240, Docket No. APHIS-2007-0116), a proposal 1 to amend the regulations by eliminating a treatment requirement for Ya pears imported from Shandong Province, China; clarifying the conditions that apply to the importation of sand pears from the Republic of Korea and Japan; and clarifying the distinction between plant parts that would be considered plant litter or debris and those that would not. 1 To view the proposed rule and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0116* . We solicited comments concerning our proposal for 30 days ending on January 10, 2008. We received two comments by that date, both from tree fruit industry groups. The comments are discussed below by topic. One commenter expressed frustration with what he characterized as technical barriers that are preventing the exportation to China of pears grown in the United States and stated that such barriers should be removed before we amend the regulations to benefit Chinese pear growers. As a signatory to the International Plant Protection Convention, the United States has agreed not to prescribe or adopt phytosanitary measures concerning the importation of plants, plant products, and other regulated articles unless such measures are made necessary by phytosanitary considerations and are technically justified. Given that, we do not believe it would be appropriate to delay our removal of a treatment requirement that has been shown to be unnecessary in order to force reciprocal market access. The other commenter stated that, while the proposed definition of *plant litter and debris* seems straightforward, the Department of Homeland Security's Customs and Border Protection
(CBP)inspectors will need to be trained to recognize the portions of plants permitted entry from those that are not permitted entry. The commenter asked whether APHIS and CBP will provide this type of training prior to implementation of the new regulation. We work closely with CBP to ensure that inspectors at the ports of entry are provided with the training and support they need to carry out their duties. This includes ensuring that inspectors are provided accurate and up-to-date information as to which portions of plants are approved for entry and which are not. The same commenter also requested further clarification of the term “freedom” as it is used in § 319.56-3(a) to indicate that fruits and vegetables imported under the subpart must be free of plant litter or debris. Specifically, the commenter asked whether, as a practical matter, freedom meant zero litter or debris or would a generic tolerance be used, below which the shipment would be considered practically free of plant litter or debris. We do not employ a generic tolerance for plant litter or debris. While some allowances may on occasion be made for litter or debris appearing in a consignment, decisions as to whether such allowances should be made are based on inspectional guidelines and depend on a number of factors, including the type of litter or debris and the pest risks known to be associated with it, the nature of the commodity, and its end use. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Executive Order 12866 and the Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In this document, we are amending the regulations pertaining to the importation of fruits and vegetables to eliminate a treatment requirement for Ya pears imported from Shandong Province, China; to clarify the conditions that apply to the importation of sand pears from the Republic of Korea and Japan; and to clarify the distinction between plant parts that would be considered to be plant litter or debris and those that would not. Of these changes, only the elimination of the treatment requirement could be expected to result in any economic effects. Removing the cold treatment requirement for Ya pears imported from Shandong Province will reduce importers' shipping expenses and may also affect domestic pear growers, especially those who produce Ya and other Asian pears, and the wholesalers and distributors of these commodities. However, for both foreign and domestic pear producers, the change in requirements is expected to have a very limited effect on the supply and demand for pears overall. China is the world's largest producer of pears and accounts for 65 percent of world pear production. According to statistics for marketing year 2005 for three varieties of Chinese pears, including the Ya variety, Hebei Province produced the largest volume of pears, accounting for about 29 percent of pear production in China. Shandong Province produced about 9 percent of China's pears during this time. Although China's Ya pear exports are not classified by the originating province, the removal of the cold treatment requirement of Ya pears produced in Shandong Province may be expected to affect about 25 percent of total U.S. imports of Ya pears from China, assuming that the quantities exported to the United States from the two provinces reflect their relative levels of production. The shipping expenses of importers seeking to import Ya pears from Shandong Province could, under this rule, be reduced by the amount of the expense of the cold treatment. This amount is estimated to be approximately $0.06 per kilogram of pears. Since the number of Ya pears imported from Shandong Province is estimated to be approximately one-fourth of total Ya pear imports from China, the net impact on the average price of Ya pears will likely be considerably smaller than $0.06 per kilogram. If the cost reduction associated with the removal of the cold treatment requirement affects the retail price of Ya pears in the United States, it would be minimal. Under the criteria established by the Small Business Administration, fruit merchant wholesalers (North American Industry Classification System code 424480) must have 100 or fewer employees to be considered small entities. In 2002, there were 5,376 fresh fruit and vegetable merchant wholesalers in the United States with a total of 110,578 paid employees, or, on the average, 21 paid employees per establishment. Therefore, domestic fruit merchant wholesalers that may be affected by this rule are predominantly small entities. The 2002 Census of Agriculture estimates that there are approximately 11,000 pear growers distributed throughout the United States, and that the vast majority of pear growers operate in orchards smaller than 250 acres, and with less than $750,000 in annual receipts. The average annual sales value of pear growers is estimated to be approximately $24,416 per grower. Based on this data, it is most likely that pear growers in the United States are predominantly small entities. In the United States, Asian pears represent a small share of the pear industry. In California, which contains the largest number of Asian pear growers in the country, Asian pears constituted about 7 percent of the total harvested acreage in 2006. Of the Asian pear varieties produced in the United States, Ya pears are estimated to make up a very small percentage of the total number. The value of domestic Ya pears is estimated at less than $1 million. The expected economic effect of removing the cold treatment requirement for Ya pears from Shandong Province is minor. Therefore, this rule is expected to have little effect on importers or producers of Ya pears in the United States. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:
(1)Preempts all State or local laws and regulations that are inconsistent with this rule;
(2)has no retroactive effect; and
(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 2. Section 319.56-2 is amended as follows: a. By removing the definition for *plant debris* . b. By adding, in alphabetical order, definitions for *plant litter and debris* and *portions of plants* to read as set forth below. § 319.56-2 Definitions. *Plant litter and debris* . Discarded or decaying organic matter; detached leaves, twigs, or stems that do not add commercial value to the product. *Portions of plants* . Stalks or stems, including the pediculus, pedicel, peduncle, raceme, or panicle, that are normally attached to fruits or vegetables. 3. In § 319.56-3, paragraph
(a)is revised to read as follows: § 319.56-3 General requirements for all imported fruits and vegetables.
(a)*Freedom from unauthorized plant parts* . All fruits and vegetables imported under this subpart, whether in commercial or noncommercial consignments, must be free from plant litter or debris and free of any portions of plants that are specifically prohibited in the regulations in this subpart. 4. Section 319.56-13 is amended as follows: a. In the table in paragraph (a), by removing the entry for “Republic of Korea” and by adding, in alphabetical order, an entry for “Korea, Republic of” to read as set forth below: b. In paragraph (b), by revising paragraph (b)(5)(ix) to read as set forth below. § 319.56-13 Fruits and vegetables allowed importation subject to specified conditions.
(a)* * * Country/locality of origin Common name Botanical name Plant part(s) Additional requirements * * * * * * * Korea, Republic of Dasheen *Colocasia* spp., *Alocasia* spp., and *Xanthosoma* spp Root (b)(2)(iv). Sand pear *Pyrus pyrifolia* var. *culta* Fruit (b)(5)(ix). Strawberry *Fragaria* spp Fruit (b)(5)(i). * * * * * * *
(b)* * *
(5)* * *
(ix)Except for sand pears entering Hawaii, only precleared consignments are authorized. The consignment must be accompanied by a PPQ Form 203 signed by the APHIS inspector on site in the exporting country. § 319.56-29 [Amended] 5. Section 319.56-29 is amended by removing paragraph
(b)and redesignating paragraph
(c)as paragraph (b). Done in Washington, DC, this 25th day of February 2008. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-3901 Filed 2-28-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Part 457 RIN 0563-AC01 Common Crop Insurance Regulations, Florida Citrus Fruit Crop Insurance Provisions; Correction AGENCY: Federal Crop Insurance Corporation, USDA. ACTION: Final rule; correction. SUMMARY: This document contains corrections to the final regulation which was published Thursday, February 7, 2008. The regulation pertains to the insurance of Florida Citrus Fruit. DATES: *Effective Date:* The effective date for the final rule published February 7, 2008 (73 FR 7190), is corrected to March 15, 2008. Other corrections in this document are also effective March 15, 2008. FOR FURTHER INFORMATION CONTACT: Bill Klein , Risk Management Specialist, Product Management, Product Administration and Standards Division, Risk Management Agency, United States Department of Agriculture, Beacon Facility—Mail Stop 0812, P.O. Box 419205, Kansas City, MO 64141-6205, telephone
(816)926-7730. SUPPLEMENTARY INFORMATION: Background The final regulation that is the subject of these corrections was intended to amend certain Florida Citrus Fruit Crop Insurance Provisions to be used in conjunction with the Common Crop Insurance Policy Basic Provisions for ease of use and consistency of terms. Need for Corrections As published at 73 FR 7190, the final regulation contained errors that may prove to be misleading and need to be clarified. 1. The first error is contained in the beginning in the Final Rule on page 7190 where it indicates the Effective Date of the amendments is March 10, 2008. This is incorrect. The text should read: *Effective Date:* March 15, 2008. 2. The second error is on page 7196 in the words of issuance. This text should have stated the amendments are effective for the 2009 and succeeding crop years. The text should read as follows: “Accordingly, as set forth in the preamble, the Federal Crop Insurance Corporation amends 7 CFR part 457, Common Crop Insurance Regulations, for the 2009 and succeeding crop years as follows:” 3. The third error is on page 7199 in section 10(e)(2)(iv). This correction replaces the semi-colon at the end of paragraph (e)(2)(iv) with a period. Signed in Washington, DC, on February 21, 2008. Eldon Gould, Manager, Federal Crop Insurance Corporation. [FR Doc. E8-3854 Filed 2-28-08; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 959 [Docket Nos. AO-322-A4; AMS-2006-0079; FV06-959-1] Onions Grown in South Texas; Order Amending Marketing Order No. 959 AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule amends Marketing Order No. 959 (order), which regulates the handling of onions grown in South Texas. The amendments are based on those proposed by the South Texas Onion Committee (committee), which is responsible for local administration of the order, and the Department of Agriculture (USDA). The amendments will authorize interest and late payment charges on assessments not paid within a prescribed time period and require that a continuance referendum be conducted every six years to determine grower support for the order. The amendments were approved by onion growers in a mail referendum conducted from September 10 through September 28, 2007. The amendments are intended to improve the operation and functioning of the South Texas onion marketing order program. Proposed amendments that failed in referendum and are not included in this final order include authority for supplemental assessment rates, marketing promotion and paid advertising authority, and tenure limitations for committee members. DATES: This rule is effective March 31, 2008. FOR FURTHER INFORMATION CONTACT: Martin Engeler, Marketing Order Administration Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, USDA, 2202 Monterey Street, #102-B, Fresno, CA 93721; telephone:
(559)487-5110, Fax:
(559)487-5906, E-mail: *Martin.Engeler@usda.gov* ; or Kathleen M. Finn, 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, E-mail: *Kathy.Finn@usda.gov* . Small businesses may request information on this proceeding 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, E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: Prior documents in this proceeding include a Notice of Hearing issued on May 23, 2006, and published in the May 30, 2006, issue of the **Federal Register** (71 FR 30629); a Recommended Decision issued on March 29, 2007 and published in the April 6, 2007, issue of the **Federal Register** (72 FR 17037); and a Secretary's Decision and Referendum Order issued on August 2, 2007, and published in the August 10, 2007, issue of the **Federal Register** (72 FR 44984). This action is governed by the provisions of sections 556 and 557 of title 5 of the United States Code and is therefore excluded from the requirements of Executive Order 12866. Preliminary Statement This final rule was formulated on the record of a public hearing held on June 15, 2006, in Mission, Texas. Notice of this hearing was issued on May 23, 2006 and published in the **Federal Register** on May 30, 2006 (71 FR 30629). The hearing was held to consider the proposed amendment of Marketing Agreement No. 143 and Order No. 959 regulating the handling of onions grown in South Texas. The hearing was held pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 *et seq.* ), hereinafter referred to as the “Act,” and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900). The Notice of Hearing contained proposals submitted by the committee and USDA. Committee proposal number four, pertaining to container marking requirements was withdrawn at the hearing, resulting in a total of five proposed amendments. Upon the basis of evidence introduced at the hearing and the record thereof, the Administrator of the Agricultural Marketing Service
(AMS)on March 29, 2007, filed with the Hearing Clerk, U.S. Department of Agriculture, a Recommended Decision and Opportunity to File Written Exceptions thereto by May 7, 2007. No exceptions were filed. A Secretary's Decision and Referendum Order was issued on August 2, 2007, directing that a referendum be conducted during the period September 10 through 28, 2007, among South Texas onion producers to determine whether they favored the proposed amendments to the order. To become effective, the amendments had to be approved by at least two-thirds of those producers voting or by voters representing at least two-thirds of the volume of onions represented by voters voting in the referendum. Voters voting in the referendum favored two of the five proposed amendments. The amendments favored by voters and included in this order will: 1. Add authority to collect interest and late payment charges on unpaid handler assessments; and 2. Require that a continuance referendum be conducted every six years to determine industry support for the order. Three amendments pertaining to: Establishing supplemental assessment rates on specified containers of onions; authority for marketing promotion, including paid advertising; and limiting the number of consecutive years a member may serve on the committee, failed to obtain the requisite level of support needed to pass in referendum. USDA also proposed to allow such changes as may be necessary to the order so that all of the orders' provisions conform to the effectuated amendments. None were deemed necessary. The amended marketing agreement was subsequently mailed to all South Texas onion handlers in the production area for their approval. The marketing agreement was not approved by handlers representing at least 50 percent of the volume of onions handled by all handlers during the representative period of August 1, 2006, through July 31, 2007. Small Business Considerations Pursuant to the requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, the 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 so that small businesses will not be unduly or disproportionately burdened. Small agricultural growers have been defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts of less than $750,000. Small agricultural service firms are defined as those with annual receipts of less than $6,500,000. There are approximately 114 growers of onions in the production area and approximately 38 handlers subject to regulation under the order. For the 2005-06 marketing year, the industry's 38 handlers shipped onions produced on 17,694 acres with the average and median volume handled being 182,148 and 174,437 fifty-pound equivalents, respectively. In terms of production value, total revenues for the 38 handlers were estimated to be $44.2 million, with average and median revenues being $l.16 million and $1.12 million, respectively. The South Texas onion industry is characterized by producers and handlers whose farming operations generally involve more than one commodity, and whose income from farming operations is not exclusively dependent on the production of onions. Alternative crops provide an opportunity to utilize many of the same facilities and equipment not in use when the onion production season is complete. For this reason, typical onion producers and handlers either produce multiple crops or alternate crops within a single year. Based on the SBA's definition of small entities, the Committee estimates that all of the 38 handlers regulated by the order would be considered small entities if only their onion revenues are considered. However, revenues from other productive enterprises would likely push a number of these handlers above the $6,500,000 annual receipt threshold. Likewise, all of the 114 producers may be classified as small entities based on the SBA definition if only their revenue from onions is considered. The committee is comprised of 10 growers and 7 handlers, representing both large and small entities. Committee meetings are open to the public. All members are able to participate in committee deliberations and each has an equal vote in committee decisions. When the committee met on October 28, 2004, and recommended the proposed amendments, all views expressed by the members and others in attendance were considered. In addition, the hearing to receive evidence on the proposed changes was open to the public and all interested parties were invited and encouraged to participate and provide their views. The amendments are intended to improve the operation and administration of the order, and to provide producers an opportunity to indicate whether they favor continuance of the order. Record evidence indicates that the amendments are intended to benefit onion producers and handlers under the order regardless of size. The amendment to authorize the committee to charge interest and/or late payment fees on assessments not paid within a prescribed time period will not have a differential impact on small and large entities. According to the record, late fees and interest charges will be based on handlers' timeliness of payments, regardless of size. A hearing witness familiar with the assessment collection operations under the order stated that there is no relationship between a handler's performance with regard to timely assessment payment and the size of the handler's business operation. Any increased costs will be borne only by those handlers that fail to pay their assessments in a timely manner. These potential costs will offset any potential advantage handlers could gain by not paying their assessments when due and will thus promote equity for all handlers. It will provide an incentive to pay on time. This proposed amendment is strictly a performance-based measure and will thus be applied based on handlers' performance with respect to their payment of assessments. The proposal to require continuance referenda on a periodic basis to ascertain grower support for the order will allow growers to vote on whether to continue the operation of the program. This provides a means for those whom the order was intended to benefit with an opportunity to express their views regarding continuation of the marketing order. USDA will conduct the referenda, and thus USDA will bear the majority of any associated costs. Interested persons were invited to present evidence at the hearing on the probable regulatory and informational impacts of the proposed amendments to the order on small entities. The record evidence is that while some minimal costs may occur, those costs will be outweighed by the benefits expected to accrue to the South Texas onion industry. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. The amendments are designed to improve the administration and operation of the order and to provide an opportunity to ascertain producer support for the order. Paperwork Reduction Act Current information collection requirements for Part 959 are currently approved by the Office of Management and Budget
(OMB)under OMB number 0581-0178, “Vegetable and Specialty Crops.” No changes in those requirements as a result of this proceeding are needed. Should any changes become necessary, they will be submitted to OMB for approval. As with other similar marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by 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. Civil Justice Reform The amendments to Marketing Order 959 stated herein have been reviewed under Executive Order 12988, Civil Justice Reform. They are not intended to have retroactive effect. They 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 (7 U.S.C. 608c(15)(A)), any handler subject to an order may file with the Department 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, the 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 the Department's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. Order Amending the Order Regulating Onions Grown in South Texas Findings and Determinations The findings and determinations set forth hereinafter are supplementary and in addition to the findings and determinations previously made in connection with the issuance of the order; and all of said previous findings and determinations are hereby ratified and affirmed, except as such findings and determinations may be in conflict with the findings and determinations set forth herein. *(a) Findings and Determinations Upon the Basis of the Hearing Record.* Pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 *et seq.* ) and the applicable rules of practice and procedure effective thereunder (7 CFR part 900), a public hearing was held upon the proposed amendments to Marketing Order No. 959 (7 CFR part 959), regulating the handling of onions grown in South Texas. Upon the basis of the evidence introduced at such hearing and the record thereof it is found that:
(1)The marketing order, as amended, and as hereby further amended, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act;
(2)The marketing order, as amended, and as hereby further amended, regulates the handling of onions grown in the production area in the same manner as, and is applicable only to persons in the respective classes of commercial and industrial activity specified in the marketing order upon which hearings have been held;
(3)The marketing order, as amended, and as hereby further amended, is limited in application to the smallest regional production area which is practicable, consistent with carrying out the declared policy of the Act, and the issuance of several orders applicable to subdivision of the production area would not effectively carry out the declared policy of the Act;
(4)The marketing order, as amended, and as hereby further amended, prescribes, insofar as practicable, such different terms applicable to different parts of the production area as are necessary to give due recognition to the differences in the production and marketing of onions grown in the production area; and
(5)All handling of onions grown in the production area is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce.
(b)*Determinations* . It is hereby determined that:
(1)Handlers (excluding cooperative associations of producers who are not engaged in processing, distributing, or shipping onions covered by the order as hereby amended) who, during the period August 1, 2006 through July 31, 2007, handled 50 percent or more of the volume of such onions covered by the order, as hereby amended, have not signed an amended marketing agreement; and,
(2)The issuance of this amendatory order, further amending the aforesaid order, is favored or approved by at least two-thirds of the producers who participated in a referendum and who, during the period August 1, 2006 through July 31, 2007 (which has been determined to be a representative period), have been engaged within the production area in the production of onions for market, such producers having also produced for market at least two-thirds of the volume of such commodity represented in the referendum.
(3)In the absence of a signed marketing agreement, the issuance of this amendatory order is the only practical means pursuant to the declared policy of the Act of advancing the interests of producers of onions in the production area. Order Relative to Handling of Onions Grown in South Texas *It is therefore ordered* , That on and after the effective date hereof, all handling of onions grown in South Texas shall be in conformity to, and in compliance with, the terms and conditions of the said order as hereby amended as follows: The provisions of proposals contained in Material Issue numbers 2 and 5 of the proposed order amending the order contained in the Recommended Decision issued by the Administrator on March 29, 2007, and published in the **Federal Register** on April 6, 2007, shall be and are the terms and provisions of this order amending the order and set forth in full herein. List of Subjects in 7 CFR Part 959 Marketing agreements, Onions, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, Title 7 of Chapter XI of the Code of Federal Regulations is amended by amending part 959 as follows: PART 959—ONIONS GROWN IN SOUTH TEXAS 1. The authority citation for 7 CFR part 959 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Add a new paragraph
(e)to § 959.42 to read as follows: § 959.42 Assessments.
(e)If a handler does not pay assessments within the time prescribed by the committee, the assessment may be increased by a late payment charge and/or an interest rate charge at amounts prescribed by the committee with approval of the Secretary. 3. In § 959.84, redesignate paragraph
(d)as paragraph
(e)and add a new paragraph
(d)to read as follows: § 959.84 Termination.
(d)The Secretary shall conduct a referendum within six years after the effective date of this paragraph and every sixth year thereafter to ascertain whether continuance is favored by producers. The Secretary would consider termination of this part if less than two-thirds of the growers voting in the referendum and growers of less than two-thirds of the volume of onions represented in the referendum favor continuance. Dated: February 26, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-3944 Filed 2-28-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 [Docket No. AMS-FV-07-0014; FV07-966-2 FIR] Tomatoes Grown in Florida; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Florida Tomato Committee (Committee) for the 2007-08 and subsequent fiscal periods from $0.035 to $0.0325 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order which regulates the handling of tomatoes grown in Florida. Assessments upon tomato handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* March 31,2008. FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing Specialist or Christian D. Nissen, Regional Manager, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; *Telephone:*
(863)324-3375, *Fax:*
(863)325-8793, or *E-mail:* *William.Pimental@usda.gov* or *Christian.Nissen@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. 125 and Order No. 966, both as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida, 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.” 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, Florida tomato 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 tomatoes beginning 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. 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 continues in effect the action that decreased the assessment rate established for the Committee for the 2007-08 and subsequent fiscal periods from $0.035 per 25-pound carton to $0.0325 per 25-pound carton of tomatoes. The Florida tomato 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 Florida tomatoes. 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 in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2006-07 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period 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 August 23, 2007, and unanimously recommended 2007-08 expenditures of $2,101,000.00 and an assessment rate of $0.0325 per 25-pound carton of tomatoes. In comparison, last year's budgeted expenditures were $2,193,700. The assessment rate of $0.0325 is $0.0025 lower than the rate previously in effect. Last season the industry shipped 2.6 million 25-pound cartons more than the Committee had anticipated, providing greater revenues than expected from assessments. The Committee's 2006-07 expenses were $200,000 less than budgeted, and they utilized less from reserves than anticipated. The Committee also recommended a reduced budget for 2007-08. Therefore, the Committee voted to recommend a reduced assessment rate. The major expenditures recommended by the Committee for the 2007-08 year include $900,000 for education and promotion, $467,000 for salaries, $320,000 for research, and $71,000 for employee retirement. Budgeted expenses for these items in 2006-07 were $1,000,000, $445,900, $320,000, and $67,000, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses, less carry-in and reserve revenues totaling $476,000, by expected shipments of Florida tomatoes. Tomato shipments for the year are estimated at 50 million 25-pound cartons, which should provide $1,625,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve will be adequate to cover budgeted expenses. Funds in the reserve (currently approximately $780,000) will be kept within the maximum permitted by § 966.44 of the order, which states that excess funds cannot exceed one fiscal period's expenses. The assessment rate 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 fiscal period 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 fiscal periods 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 action 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 100 producers of tomatoes in the production area and approximately 70 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,500,000. Based on industry and Committee data, the average annual price for fresh Florida tomatoes during the 2006-07 season was approximately $7.69 per 25-pound container, and total fresh shipments for the 2006-07 season were 52,505,687 25-pound cartons of tomatoes. Committee data indicates that approximately 25 percent of the handlers handle 94 percent of the total volume shipped outside the regulated area. Based on the average price, about 75 percent of handlers could be considered small businesses under SBA's definition. In addition, based on production data, grower prices as reported by the National Agricultural Statistics Service, and the total number of Florida tomato growers, the average annual grower revenue is below $750,000. Thus, the majority of handlers and producers of Florida tomatoes may be classified as small entities. This rule continues in effect the action that decreased the assessment rate established for the Committee and collected from handlers for the 2007-08 and subsequent fiscal periods from $0.035 to $0.0325 per 25-pound carton of tomatoes. The Committee unanimously recommended 2007-08 expenditures of $2,101,000 and an assessment rate of $0.0325 per 25-pound carton. The assessment rate of $0.0325 is $0.0025 lower than the 2006-07 rate. The quantity of assessable tomatoes for the 2007-08 season is estimated at 50 million 25-pound cartons. Thus, the $0.0325 rate should provide $1,625,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve will be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2007-08 year include $900,000 for education and promotion, $467,000 for salaries, $320,000 for research, and $71,000 for employee retirement. Budgeted expenses for these items in 2006-07 were $1,000,000, $445,900, $320,000, and $67,000, respectively. Last season the industry shipped 2.6 million 25-pound cartons more than the Committee had anticipated, providing greater revenues than expected from assessments. The Committee's 2006-07 expenses were $200,000 less than budgeted, and they utilized less from reserves than anticipated. The Committee also recommended a reduced budget for 2007-08. Therefore, the Committee voted to recommend a reduced assessment rate. The Committee reviewed and unanimously recommended 2007-08 expenditures of $2,101,000, which included a decrease in the education and promotion budget. Prior to arriving at this budget, the Committee considered information from various sources, such as the Committee's Executive Subcommittee, Finance Subcommittee, Research Subcommittee, and Education and Promotion Subcommittee. Alternative expenditure levels were discussed by these groups, based upon the relative value of various research projects to the tomato industry. The assessment rate of $0.0325 per 25-pound carton of assessable tomatoes was then determined by dividing the total recommended budget, less carry-in and reserve revenues totaling $476,000, by the quantity of tomatoes, estimated at 50 million 25-pound cartons for the 2007-08 fiscal period. A review of historical information and preliminary information pertaining to the upcoming 2007-08 fiscal period indicates that the grower price for the 2007-08 season could range between $3.89 and $16.05 per 25-pound carton of tomatoes. Therefore, the estimated assessment revenue for the 2007-08 fiscal period as a percentage of total grower revenue could range between 0.2 and 0.8 percent. This action continues in effect the action that decreased 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 Florida tomato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the August 23, 2007, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This action imposes no additional reporting or recordkeeping requirements on either small or large Florida tomato 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. In addition, as noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. 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. An interim final rule concerning this action was published in the **Federal Register** on November 15, 2007 (72 FR 64123). Copies of that rule were also mailed or sent via facsimile to all Florida tomato handlers. Finally, the interim final rule was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period was provided for interested persons to respond to the interim final rule. The comment period ended January 14, 2008, and 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. List of Subjects in 7 CFR Part 966 Marketing agreements, Reporting and recordkeeping requirements, Tomatoes. PART 966—TOMATOES GROWN IN FLORIDA Accordingly, the interim final rule amending 7 CFR part 966 which was published at 72 FR 64123 on November 15, 2007, is adopted as a final rule without change. Dated: February 25, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-3801 Filed 2-28-08; 8:45 am] BILLING CODE 3410-02-P NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AI32 Delegated Authority To Order Use of Procedures for Access to Certain Sensitive Unclassified Information AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is amending its rules of practice to delegate authority to the Office of the Secretary of the Commission to issue orders requiring the use of certain procedures for access to sensitive unclassified information in adjudicatory proceedings. The NRC is also making available final procedures that would allow potential parties to NRC adjudications to gain access to Sensitive Unclassified Non-Safeguards Information (SUNSI) or Safeguards Information (SGI). DATES: The effective date of the final rule is March 31, 2008. The implementation date of the procedures is March 31, 2008. If the procedures will be applied in a particular proceeding, the Commission will include them by order in the associated **Federal Register** notice of hearing or a notice of opportunity for hearing. FOR FURTHER INFORMATION CONTACT: Tison Campbell, Attorney, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-8579, e-mail *tison.campbell@nrc.gov* . Publicly available documents created or received at the NRC after November 1, 1999, are available electronically at the NRC's Electronic Reading Room at *http://www.nrc.gov/reading-rm/adams.html* . From this site, the public can gain entry into the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to *pdr@nrc.gov* . The ADAMS accession number for the procedures is ML080380626; the ADAMS accession number for the response to public comments is ML080380633. SUPPLEMENTARY INFORMATION: I. Background II. Discussion III. Voluntary Consensus Standards IV. Environmental Impact: Categorical Exclusion V. Paperwork Reduction Act Statement VI. Regulatory Analysis VII. Backfit Analysis VIII. Congressional Review Act I. Background Commission regulations in 10 CFR Part 2, “Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders” govern the conduct of NRC adjudicatory proceedings. Potential parties who have requested or who may request a hearing or petition to intervene in a hearing under 10 CFR part 2 may deem it necessary to obtain access to SUNSI (including, but not limited to, proprietary, confidential commercial, and security-related information) or SGI (as defined in 10 CFR 73.2) to meet Commission requirements for hearing requests or for intervention. On August 6, 2007, the Commission announced the availability for comment of procedures to allow potential parties to submit information requests and enter into protective agreements prior to becoming a party to a proceeding so that those who demonstrate a legitimate need for SUNSI or SGI can receive relevant documents to prepare a valid contention. See, Interlocutory Review of Rulings on Requests by Potential Parties for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information; Reopening of Public Comment Period and Notice of Availability of Proposed Procedures for Comment (72 FR 43569; August 6, 2007). After considering public comments, the Commission has finalized the procedures and made them available on the NRC Web site. See, ADAMS Accession No. ML080380626. The Commission has also documented its response to public comments received and made that response available on the NRC Web site. See, ADAMS Accession No. ML080380633. The procedures reflect the longstanding practice of NRC staff access determinations in the first instance, subject to review by a presiding officer if contested. The procedures also describe how the public will be informed of this process. The procedures address:
(1)When and where to submit requests for access to SUNSI and SGI that is possessed by the NRC; 1 1 The proposed procedures do not address information possessed solely by a licensee or applicant.
(2)Who will assess initially whether the proposed recipient has shown a need for SUNSI (or need to know for SGI) and a likelihood of establishing standing;
(3)Who will decide initially whether the proposed recipient is qualified (i.e., trustworthy and reliable) to receive SGI;
(4)Use of nondisclosure affidavits/agreements and protective orders; and
(5)Time periods for making standing, need, and access determinations, producing documents, submitting contentions, and seeking review of determinations. These procedures also include a “pre-clearance” process that would permit a potential party who may seek access to SGI to initiate the necessary background check in advance of a notice of opportunity for hearing. II. Discussion As explained in the background information that accompanies the procedures, the use of the procedures in a particular proceeding will be established by order in a **Federal Register** notice of hearing or a notice of opportunity for hearing. The issuance of these orders as part of such **Federal Register** notices is intended to emphasize and make clear that the procedures will be binding on the presiding officer or administrative judge or officer assigned, and on the parties and the potential parties to that proceeding. Having considered public comments and revised the procedures in response, the Commission expects that these final procedures will be appropriate for use in many proceedings. Therefore, for greater administrative efficiency, the Commission concludes that authority to issue the orders requiring the use of the procedures in individual proceedings may be delegated to the Office of the Secretary of the Commission (Secretary). To clarify that the Secretary's authority includes the authority to issue such orders on the Commission's behalf, the Commission is adding a provision to that effect in 10 CFR 2.307 of the agency's rules of practice. Because this delegation is a rule of agency organization, procedure, or practice within the meaning of 5 U.S.C. 553, the Commission has determined that notice and public comment on this amendment is not necessary. The rule amends 10 CFR 2.307, a provision which concerns extension and reduction of time limits. The Commission is revising the title of the section to refer also to “delegated authority to order use of procedures for access by potential parties to certain sensitive unclassified information.” Second, the Commission is adding a new paragraph
(c)to that provision. This new paragraph delegates authority to the Secretary “to issue orders establishing procedures and timelines for submitting and resolving requests for” SUNSI or SGI. The provision further states that this delegated authority applies in circumstances when potential parties may deem it necessary to obtain access to SUNSI or SGI in order to meet Commission requirements for intervention. This language is intended to mirror the limited scope and purpose of the final access procedures, as identified in the procedures and in the accompanying Background Information of this document. The delegated authority also extends to limited case-specific modifications to those procedures if the Secretary concludes that they are warranted for a particular proceeding. This delegation does not alter or expand the Secretary's existing authority with respect to issuing orders unrelated to requests for access to sensitive unclassified information. III. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104-113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or is otherwise impractical. The NRC is delegating authority within the agency as a matter of agency organization and procedure. This action does not constitute the establishment of a government-unique standard as defined in the Office of Management and Budget
(OMB)Circular A-119 (1998). IV. Environmental Impact: Categorical Exclusion The NRC has determined that this rule is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule. V. Paperwork Reduction Act Statement This rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. VI. Regulatory Analysis A regulatory analysis has not been prepared for this rule because it applies to the delegation of authority within the NRC and does not involve any provisions that would impose any economic burdens on licensees or the public. VII. Backfit Analysis The NRC has determined that the backfit rules (§§ 50.109, 70.76, 72.62, or 76.76) do not apply to this final rule because this amendment does not involve any provisions that would impose backfits as defined in 10 CFR Chapter I. Therefore, a backfit analysis is not required. VIII. Congressional Review Act Under the Congressional Review Act, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. List of Subjects in 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; the Energy Policy Act of 2005, and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 2. PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND FOR ISSUANCE OF ORDERS 1. The authority citation for part 2 continues to read as follows: Authority: Secs.161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)), sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201(b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133), and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). 2. In § 2.307, the heading is amended and a new paragraph
(c)is added to read as follows: § 2.307 Extension and reduction of time limits; delegated authority to order use of procedures for access by potential parties to certain sensitive unclassified information.
(c)In circumstances where, in order to meet Commission requirements for intervention, potential parties may deem it necessary to obtain access to safeguards information (as defined in § 73.2 of this chapter) or to sensitive unclassified non-safeguards information, the Secretary is delegated authority to issue orders establishing procedures and timelines for submitting and resolving requests for this information. Dated at Rockville, Maryland, this 21st day of February 2008. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. E8-3824 Filed 2-28-08; 8:45 am] BILLING CODE 7590-01-P DEPARTMENT OF ENERGY 10 CFR Part 216 48 CFR Parts 911 and 952 RIN 1991-AB69 Defense Priorities and Allocations System AGENCY: Department of Energy. ACTION: Direct final rule. SUMMARY: The Department of Energy
(DOE)today is issuing a direct final rule to update the DOE regulations which implement DOE's delegated authority under section 101(c) of the Defense Production Act of 1950 (DPA). Section 101(c) provides authority to the President of the United States (President) to require the allocation of, or priority performance under contracts or orders relating to, materials and equipment, services, or facilities, in order to maximize domestic energy supplies, if the President makes certain findings. The President's authority under section 101(c) was delegated to the Secretary of Commerce and the Secretary of Energy. This final rule makes a number of changes to conform to a 1991 amendment to the DPA which broadens the scope of authority in section 101(c). This final rule also makes conforming changes to Department of Energy Acquisition Regulation (DEAR). DATES: This direct final rule is effective April 29, 2008, unless adverse or critical comments are received by March 31, 2008. If the effective date is delayed, timely notice will be published in the **Federal Register** . ADDRESSES: This direct final rulemaking is available and comments may be submitted online at *http://www.Regulations.gov* . Comments may be submitted by e-mail to *Mike.Soboroff@hq.doe.gov* . Comments may be mailed to: Mike Soboroff, U.S. Department of Energy, Office of Electricity and Energy Assurance, OE-30, 1000 Independence Avenue, SW., Washington, DC 20585. Comments by e-mail are encouraged. FOR FURTHER INFORMATION CONTACT: Mike Soboroff at
(202)586-4936 or via e-mail at *Mike.Soboroff@hq.doe.gov* . SUPPLEMENTARY INFORMATION: I. Discussion II. Final Action III. Procedural Requirements A. Review Under Executive Order 12866 B. Review Under Executive Order 12988 C. Review Under the Regulatory Flexibility Act D. Review Under the Paperwork Reduction Act E. Review Under the National Environmental Policy Act F. Review Under Executive Order 13132 G. Review Under the Unfunded Mandates Reform Act of 1995 H. Review Under the Treasury and General Government Appropriations Act, 1999 I. Review Under Executive Order 13211 J. Review Under the Treasury and General Government Appropriations Act, 2001 K. Review Under the Small Business Regulatory Enforcement Fairness Act of 1996 L. Approval by the Office of the Secretary of Energy I. Discussion The purpose of this final rule is to update DOE regulations at 10 CFR part 216, which implement DOE's delegated authority under section 101(c) of the DPA, to reflect a 1991 amendment to that section. Section 101(c) provides authority to require the allocation of, or priority performance under contracts or orders relating to, materials and equipment, services, and facilities in order to maximize domestic energy supplies, if DOE and the Department of Commerce make certain findings. As originally enacted in 1975, section 101(c)(1) authorized the President to require the allocation of, or priority performance under contracts or orders relating to, supplies of materials and equipment, in order to maximize domestic energy supplies if the President made the following findings described in section 101(c)(3):
(A)Such supplies are scarce, critical, and essential to maintain or further
(i)exploration, production, refining, transportation, or
(ii)the conservation of energy supplies, or
(iii)for the construction and maintenance of energy facilities; and
(B)Maintenance or furtherance of exploration, production, refining, transportation, or conservation of energy supplies or the construction and maintenance of energy facilities cannot reasonably be accomplished without exercising the authority specified in subsection (c)(1). Executive Order (E.O.) 11912 (April 13, 1976) directed that DOE's predecessor, the Federal Energy Administration, be delegated the function of making the “critical and essential” finding and that the Department of Commerce be delegated the function of making the findings that supplies are scarce and that it is necessary to exercise the section 101(c) authority. The Defense Production Act Extension and Amendments of 1991, Pub. L. 102-99, amended section 101 to broaden its scope in section 101(a)(2) by substituting “materials, services, and facilities” for “materials and facilities” and in section 101(c)(1) by substituting “materials, equipment, and services” for “supplies of materials and equipment.” Thereafter, the President issued E.O. 12919 (June 3, 1994), which revoked the relevant provisions of E.O. 11912. In section 203 of E.O. 12919, the President delegated to the Secretary of Commerce the section 101(c) authority and directed the Secretary of Commerce to re-delegate to the Secretary of Energy the authority to make the findings described in subsection 101(c)(2)(A) that the materials and equipment, services, and facilities are critical and essential. The Secretary of Commerce retained the authority to make the finding that the materials and equipment, services, or facilities are scarce, and to make the finding that maintenance or expansion of exploration, production, refining, transportation, or conservation of energy supplies or the construction and maintenance of energy facilities cannot reasonably be accomplished without exercising the authority in section 101(c)(1). DOE's regulations at 10 CFR part 216, which were promulgated in 1978, established the procedures to be used by DOE in considering and making the section 101(c) findings assigned to DOE under E.O. 11912. Today's direct final rule amends part 216 to reflect the broader scope of the Defense Production Act Extension and Amendments of 1991, Public Law 102-99 and E.O. 12919. Today's rule also adds definitions of “services,” “national defense,” “facilities,” and “person” and amends the definition of “materials and equipment” in § 216.2. In addition, DOE is amending DEAR parts 911 and 952 to inform DOE contracting officers to include in contracts a clause that informs DOE contractors of the Defense Priorities and Allocations System
(DPAS)authority. II. Final Action DOE is publishing this direct final rule without prior proposal because DOE views these amendments as noncontroversial and anticipates no significant adverse comments. However, in the event that significant adverse comments are filed, DOE has prepared a notice of proposed rulemaking
(NOPR)proposing the same amendments. The NOPR is a separate document published today in the **Federal Register** . The direct final rule will be effective April 29, 2008, unless significant adverse comments are received by March 31, 2008. If DOE receives significant adverse comments, the amendments will be withdrawn before the effective date. In the case of withdrawal of this action, the withdrawal will be announced by a subsequent notice published in the **Federal Register** . Relevant public comments will then be addressed in a separate final rule based on the proposed rule that is also issued today. DOE will not implement a second comment period on this action. Any party interested in commenting on this rule should do so at this time. If no significant adverse comments are received, the public is advised that this rule will be effective April 29, 2008. DOE will publish a notice in the **Federal Register** to advise the public if no significant adverse comments are received. III. Procedural Requirements A. Review Under Executive Order 12866 This regulatory action has been determined not to be a “significant regulatory action” under E.O. 12866, “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Accordingly, this final rule is not subject to review under the E.O. by the Office of Information and Regulatory Affairs within the Office of Management and Budget (OMB). B. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of E.O. 12988, “Civil Justice Reform” (61 FR 4729, February 7, 1996), imposes on executive agencies the general duty to adhere to the following requirements:
(1)Eliminate drafting errors and ambiguity;
(2)write regulations to minimize litigation; and
(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. Section 3(b) of E.O. 12988 specifically requires that executive agencies make every reasonable effort to ensure that the regulation:
(1)Clearly specifies the preemptive effect, if any;
(2)clearly specifies any effect on existing Federal law or regulation;
(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;
(4)specifies the retroactive effect, if any;
(5)adequately defines key terms; and
(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the United States Attorney General. Section 3(c) of E.O. 12988 requires executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that, to the extent permitted by law, this direct final rule meets the relevant standards of E.O. 12988. C. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of an initial regulatory flexibility analysis for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by E.O. 13272, “Proper Consideration of Small Entities in Agency Rulemaking” (67 FR 53461, August 16, 2002), DOE published procedures and policies to ensure that the potential impacts of its draft rules on small entities are properly considered during the rulemaking process (68 FR 7990, February 19, 2003), and has made them available on the DOE Office of General Counsel's Web site: *http://www.gc.doe.gov* . DOE has reviewed today's final rule under the provisions of the Regulatory Flexibility Act and the procedures and policies published on February 19, 2003. Today's direct final rule makes non-discretionary, conforming changes to DOE regulations required by the 1991 amendment to the DPA. It also makes minor changes that will not have any economic impact beyond that of the existing regulations. On this basis, DOE certifies that this direct final rule will not have a significant economic impact on a substantial number of small entities. Accordingly, DOE has not prepared a regulatory flexibility analysis for this rulemaking. DOE's certification and supporting statement of factual basis will be provided to the Chief Counsel for Advocacy of the Small Business Administration pursuant to 5 U.S.C. 605(b). D. Review Under the Paperwork Reduction Act This direct final rule contains no new collection of information requiring OMB approval under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). E. Review Under the National Environmental Policy Act Pursuant to the Council on Environmental Quality Regulations (40 CFR parts 1500-08), DOE has established regulations for its compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Pursuant to Appendix A of Subpart D of 10 CFR part 1021, DOE has determined that today's regulatory action is an amendment of an existing regulation that does not change the environmental effect of the regulation being amended (Categorical Exclusion A5). Accordingly, neither an environmental impact statement nor an environmental assessment is required. F. Review Under Executive Order 13132 Executive Order 13132, “Federalism” (64 FR 43255, August 4, 1999) imposes certain requirements on agencies formulating and implementing policies or regulations that preempt state law or that have federalism implications. Agencies are required to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the states and carefully assess the necessity for such actions. DOE has examined today's rule and has determined that it does not preempt state law and does not have a substantial direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. No further action is required by E.O. 13132. G. Review Under the Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires a Federal agency to perform a detailed assessment of costs and benefits of any rule imposing a Federal mandate with costs to state, local or tribal governments, or to the private sector. This rulemaking does not impose a Federal mandate on state, local or tribal governments or on the private sector. H. Review Under the Treasury and General Government Appropriations Act, 1999 Section 654 of the Treasury and General Government Appropriations Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a Family Policymaking Assessment for any rule or policy that may affect family well being. This rule will have no impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policy Assessment. I. Review Under Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (OIRA), OMB, a Statement of Energy Effects for any significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that:
(1)Is a significant regulatory action under E.O. 12866, or any successor order; and
(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy, or
(3)is designated by the Administrator of OIRA as a significant energy action. For any significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. Today's rule is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. J. Review Under the Treasury and General Government Appropriations Act, 2001 The Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under the Small Business Regulatory Enforcement Fairness Act of 1996 As required by 5 U.S.C. 801, DOE will report to Congress promulgation of this rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). L. Approval by the Office of the Secretary of Energy The Office of the Secretary of Energy has approved issuance of this direct final rule. List of Subjects 10 CFR Part 216 Energy, Government contracts, Reporting and recordkeeping requirements, Strategic and critical materials. 48 CFR Part 911 Government procurement. 48 CFR Part 952 Government procurement, Reporting and recordkeeping requirements. Issued in Washington, DC, on February 20, 2008. Edward R. Simpson, Director, Office of Procurement and Assistance Management, Department of Energy. William N. Bryan, Deputy Assistant Secretary, Infrastructure Security and Energy Restoration, Department of Energy. David O. Boyd, Director, Office of Acquisition and Supply Management, National Nuclear Security Administration. For the reasons set forth in the preamble, DOE amends Chapter II of Title 10 and Chapter 9 of Title 48 of the Code of Federal Regulations
(CFR)as set forth below: PART 216—MATERIALS ALLOCATION AND PRIORITY PERFORMANCE UNDER CONTRACTS OR ORDERS TO MAXIMIZE DOMESTIC ENERGY SUPPLIES 1. The authority citation for part 216 is revised to read as follows: Authority: Sec. 104 of the Energy Policy and Conservation Act
(EPCA)Pub. L. 94-163, 89 Stat. 871; section 101(c) of the Defense Production Act of 1950 (DPA), 50 U.S.C. App. 2071(c); E.O. 12919, 59 FR 29525 (June 7, 1994); E.O. 13286, 68 FR 10619 (March 5, 2003); 15 CFR part 700; Defense Priorities and Allocations System Delegation No. 2 (August 6, 2002), as amended at 15 CFR part 700. 2. Section 216.1 is revised to read as follows: § 216.1 Introduction.
(a)This part describes and establishes the procedures to be used by the Department of Energy
(DOE)in considering and making certain findings required by section 101(c)(2)(A) of the Defense Production Act of 1950, as amended, 50 U.S.C. app. 2071(c)(2)(A) (DPA). Section 101(c) authorizes the allocation of, or priority performance under contracts or orders (other than contracts of employment) relating to, materials and equipment, services, or facilities in order to maximize domestic energy supplies if the findings described in section 101(c)(2) are made. Among these findings are that such supplies of materials and equipment, services, or facilities are critical and essential to maintain or further exploration, production, refining, transportation or the conservation of energy supplies or for the construction or maintenance of energy facilities. The function of finding that supplies are critical and essential was delegated to the Secretary of Energy pursuant to E.O. 12919 (59 FR 29525, June 7, 1994) and Department of Commerce Defense Priorities and Allocations System Delegation No. 2, 15 CFR part 700.
(b)The purpose of these regulations is to establish the procedures and criteria to be used by DOE in determining whether programs or projects maximize domestic energy supplies and whether or not supplies of materials and equipment, services, or facilities are critical and essential, as required by DPA section 101(c)(2)(A). The critical and essential finding will be made only for supplies of materials and equipment, services, or facilities related to those programs or projects determined by DOE to maximize domestic energy supplies. These regulations do not require or imply that the findings, on which the exercise of such authority is conditioned, will be made in any particular case.
(c)If DOE determines that a program or project maximizes domestic energy supplies and finds that supplies of materials and equipment, services, or facilities are critical and essential to maintain or further the exploration, production, refining, transportation or conservation of energy supplies or for the construction or maintenance of energy facilities, such determination and finding will be communicated to the Department of Commerce (DOC). If not, the applicant will be so informed. If the determination and finding described in this paragraph are made, DOC, pursuant to DPA section 101(c) and section 203 of E.O. 12919, will find whether or not: The supplies of materials and equipment, services, or facilities in question are scarce; and maintenance or furtherance of exploration, production, refining, transportation, or conservation of energy supplies or the construction or maintenance of energy facilities cannot be reasonably accomplished without exercising the authority specified in DPA section 101(c). If these additional two findings are made, DOC will notify DOE, and DOE will inform the applicant that it has been granted the right to use priority ratings under the Defense Priorities and Allocations System
(DPAS)regulation established by the DOC, 15 CFR part 700. 3. Section 216.2 is amended by revising paragraphs
(e)through
(j)and adding paragraphs
(k)through
(n)to read as follows: § 216.2 Definitions.
(e)*DHS* means the Department of Homeland Security.
(f)*DOC* means the Department of Commerce.
(g)*DOE* means the Department of Energy.
(h)*Defense Priorities and Allocations System Coordination Office* means the Department of Energy, Office of Electricity and Energy Assurance, OE-30.
(i)*Eligible energy program or project* means a designated activity which maximizes domestic energy supplies by furthering the exploration, production, refining, transportation or conservation of energy supplies or construction or maintenance of energy facilities within the meaning of DPA section 101(c), as determined by DOE.
(j)*Facilities* means all types of buildings, structures, or other improvements to real property (but excluding farms, churches or other places of worship, and private dwelling houses), and services relating to the use of any such building, structure, or other improvement.
(k)*Materials and equipment* means:
(1)Any raw materials (including minerals, metals, and advanced processed materials), commodities, articles, components (including critical components), products, and items of supply; and
(2)Any technical information or services ancillary to the use of such raw materials, commodities, articles, components, products, or items.
(l)*National Defense* means programs for military and energy production or construction, military assistance to any foreign nation, stockpiling, space, and any directly related activity. Such term also includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195, *et seq.* ) and critical infrastructure protection and restoration.
(m)*Person* means an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any state or local government or agency thereof.
(n)*Services* include any effort that is needed for or incidental to:
(1)The development, production, processing, distribution, delivery, or use of an industrial resource, or critical technology item; or
(2)The construction of facilities. 4. Section 216.3, paragraph
(a)is revised to read as follows: § 216.3 Requests for assistance.
(a)Persons who believe that they perform work associated with a program or project which may qualify as an eligible energy program or project and wishing to receive assistance as authorized by DPA section 101(c)(1) may submit an application to DOE requesting DOE to determine whether a program or project maximizes domestic energy supplies and to find whether or not specific supplies of materials and equipment, services, or facilities identified in the application are critical and essential for a purpose identified in section 101(c). The application shall be sent to: U.S. Department of Energy, Attn: Office of Electricity and Energy Assurance, OE-30, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. The application shall contain the following information:
(1)The name and address of the applicant and of its duly authorized representative.
(2)A description of the energy program or project for which assistance is requested and an assessment of its impact on the maximization of domestic energy supplies.
(3)The amount of energy to be produced by the program or project which is directly affected by the supplies of the materials and equipment, services, or facilities in question.
(4)A statement explaining why the materials and equipment, services, or facilities for which assistance is requested are critical and essential to the construction or operation of the energy project or program.
(5)A detailed description of the specific supplies of materials and equipment, services, or facilities in connection with which assistance is requested, including: Components, performance data (capacity, life duration, etc.), standards, acceptable tolerances in dimensions and specifications, current inventory, present and expected rates of use, anticipated deliveries and substitution possibilities (feasibility of using other materials and equipment, services, or facilities).
(6)A detailed description of the sources of supply, including: The name of the regular supplying company or companies, other companies capable of supplying the materials and equipment, services, or facilities; location of supplying plants or plants capable of supplying the needed materials and equipment, services, or facilities; possible suppliers for identical or substitutable materials and equipment, services, or facilities and possible foreign sources of supply.
(7)A detailed description of the delivery situation, including: Normal delivery times, promised delivery time without priorities assistance, and delivery time required for expeditious fulfillment or completion of the program or project.
(8)Evidence of the applicant's unsuccessful efforts to obtain on a timely basis the materials and equipment, services, or facilities in question through normal business channels from current or other known suppliers.
(9)A detailed estimate of the delay in fulfilling or completing the energy program or project which will be caused by inability to obtain the specified materials and equipment, services, or facilities in the usual course of business.
(10)Any known conflicts with rated orders already issued pursuant to the DPA for supplies of the described materials and equipment, services, or facilities. 5. In § 216.4, paragraph (a), paragraph (b)(4), and paragraphs
(c)and
(d)are revised to read as follows: § 216.4 Evaluation by DOE of applications.
(a)Based on the information provided by the applicant and other available information, DOE will:
(1)Determine whether or not the energy program or project in connection with which the application is made maximizes domestic energy supplies and should be designated an eligible energy program or project; and
(2)Find whether the described supplies of materials and equipment, services, or facilities are critical and essential to the eligible energy program or project.
(b)* * *
(4)The need for the end product for which the materials and equipment, services, or facilities are allegedly required; and
(c)In finding whether the supplies of materials and equipment, services, or facilities described in the application are critical and essential to an eligible energy program or project, DOE will consider all factors which it considers relevant including, but not limited to, the following:
(1)Availability and utility of substitute materials and equipment, services, or facilities; and
(2)Impact of the nonavailability of the specific supplies of materials and equipment, services, or facilities on the furtherance or timely completion of the approved energy program or project.
(d)Increased costs which may be associated with obtaining materials and equipment, services, or facilities without assistance shall not be considered a valid reason for finding the materials and equipment, services, or facilities to be critical and essential. 6. Section 216.5 is revised to read as follows: § 216.5 Notification of findings.
(a)DOE will notify DOC if it finds that supplies of materials and equipment, services, or facilities for which an applicant requested assistance are critical and essential to an eligible energy program or project, and in such cases will forward to DOC the application and whatever information or comments DOE believes appropriate. If DOE believes at any time that findings previously made may no longer be valid, it will immediately notify the DOC and the affected applicant(s) and afford such applicant(s) an opportunity to show cause why such findings should not be withdrawn.
(b)If DOC notifies DOE that DOC has found that supplies of materials and equipment, services, or facilities for which the applicant requested assistance are scarce and that the related eligible energy program or project cannot reasonably be accomplished without exercising the authority specified in DPA section 101(c)(1), DOE will notify the applicant that the applicant is authorized to place rated orders for specific materials and equipment, services, or facilities pursuant to the provisions of the DOC's DPAS regulation. § 216.6 [Amended] 7. Section 216.6 is amended: a. In the first sentence by adding “, services, or facilities” after “materials and equipment”; and b. At the beginning of the third sentence by removing the words “Such a” and adding the word “A”. § 216.7 [Amended] 8. Section 216.7 is amended: a. By removing the word “such” in both sentences wherever it appears and adding in its place the word “the”; b. By removing the words “in an attempt” from the first sentence; and c. By removing the words “the FEMA” and adding in its place “DHS” in the second sentence. d. By removing the words “will resolve” and adding in its place “will attempt to resolve” in the second sentence. 9. Section 216.8 is revised to read as follows: § 216.8 Communications. All written communications concerning these regulations shall be addressed to: U.S. Department of Energy, Attention: Office of Electricity and Energy Assurance, OE-30, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. Chapter 9 of Title 48 10. The authority citation for parts 911 and 952 is revised to read as follows: Authority: 42 U.S.C. 2201; 2282a; 2282b; 2282c; 42 U.S.C. 7101 *et seq.* ; 41 U.S.C. 418b; 50 U.S.C. 2401 *et seq.* PART 911—DESCRIBING AGENCY NEEDS 911.600 [Amended] 11. Section 911.600 is amended by removing the words “and those energy programs which maximize domestic energy supplies”. 911.602 [Amended] 12. Section 911.602 is amended by removing paragraph (d). 911.604 [Amended] 13. Section 911.604 is amended by removing paragraphs
(d)and (e). PART 952—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 14. Section 952.211-70 is revised to read as follows: 952.211-70 Priorities and allocations for energy programs (solicitations). As prescribed in 911.604(a), insert the following provision in solicitations that will result in the award of a contract in support of DOE atomic energy programs. Priorities and Allocations (Atomic Energy) (APR 2008) Contracts or purchase orders awarded as a result of this solicitation shall be assigned a [ ] DO-Rating; [ ] DX Rating; and certified for national defense use in accordance with the Defense Priorities and Allocations System
(DPAS)regulation (15 CFR part 700) (Contracting officer check appropriate box.) [End of Clause] 15. Section 952.211-71 is revised to read as follows: 952.211-71 Priorities and allocations for energy programs (contracts). As prescribed in 911.604(b), insert the following clause in contracts and purchase orders that are placed in support of authorized DOE atomic energy programs pursuant to the Atomic Energy Act of 1954, as amended. Priorities and Allocations (Atomic Energy) (APR 2008) The Contractor shall follow the provisions of Defense Priorities and Allocations System
(DPAS)regulation (15 CFR part 700) in obtaining materials (including equipment), services, or facilities needed to fill this contract. [End of Clause] [FR Doc. E8-3773 Filed 2-28-08; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF THE TREASURY Office of Thrift Supervision 12 CFR Part 585 [OTS-2007-0008] RIN 1550-AC14 Prohibited Service at Savings and Loan Holding Companies Extension of Expiration Date of Temporary Exemption AGENCY: Office of Thrift Supervision
(OTS)Treasury. ACTION: Final rule. SUMMARY: OTS is revising its rules implementing section 19(e) of the Federal Deposit Insurance Act (FDIA), which prohibits any person who has been convicted of any criminal offense involving dishonesty, breach of trust, or money laundering (or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such an offense) from holding certain positions with respect to a savings and loan holding company (SLHC). Specifically, OTS is extending the expiration date of a temporary exemption granted to persons who held positions with respect to a SLHC as of the date of the enactment of section 19(e). The revised expiration date for the temporary exemption is June 1, 2008. DATES: *Effective Date:* The final rule is effective on February 29, 2008. FOR FURTHER INFORMATION CONTACT: Donna Deale, Director, Holding Companies and Affiliates, Supervision Policy,
(202)906-7488, or Karen Osterloh, Special Counsel, Regulations and Legislation,
(202)906-6639, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: On May 8, 2007, OTS published an interim final rule adding 12 CFR part 585. This new part implemented section 19(e) of the FDIA, which prohibits any person who has been convicted of any criminal offense involving dishonesty, breach of trust, or money laundering (or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for such an offense) from holding certain positions with a SLHC. Section 19(e) also authorizes the Director of OTS to provide exemptions from the prohibitions, by regulation or order, if the exemption is consistent with the purposes of the statute. The interim final rule described the actions that are prohibited under the statute and prescribed procedures for applying for an OTS order granting a case-by-case exemption from the prohibition. The rule also provided regulatory exemptions to the prohibitions, including a temporary exemption for persons who held positions with respect to a SLHC on October 13, 2006, the date of enactment of section 19(e). This temporary exemption is set to expire on March 1, 2008, unless a case-by-case exemption is filed prior to that expiration date. 1 1 This temporary exemption originally was scheduled to expire on September 5, 2007. OTS extended the expiration date to March 1, 2008. 72 FR 50644 (Sept. 4, 2008). OTS is extending the expiration date of the temporary exemption to June 1, 2008. This extension will avoid needless disruptions of SLHC operations while OTS reviews the public comments and develops a final rule addressing these comments. OTS has concluded that this extension of the exemption of the exemption is consistent with the purposes of section 19(3) of the FDIA. Regulatory Findings Notice and Comment and Effective Date For the reasons set out in the interim final rule, 2 OTS has concluded that: notice and comment on this extension are unnecessary and contrary to the public interest under section 552(b)(B) of the Administrative Procedure Act; there is good cause for making the extension effective immediately under section 553(d) of the APA; and the delayed effective date requirements of section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (CDRIA) do not apply. 2 72 FR at 25953. Regulatory Flexibility Act For the reasons stated in the interim final rule, 3 OTS has concluded that this extension does not require an initial regulatory flexibility analysis under the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601 *et seq.* ), and that this extension should not have a significant impact on a substantial number of small entities, as defined in the RFA. 3 72 FR at 25953-54. Paperwork Reduction Act OTS has determined that this extension does not involve a change to collections of information previously approved under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ) Unfunded Mandates Act of 1995 For the reasons stated in the interim final rule, 4 OTS has determined that this extension will not result in expenditures by state, local, and tribal governments, in the aggregate, or by the private sector, of more than $100 million of any one year. 4 72 FR 25954. Executive Order 12866 OTS has determined that this extension is not a significant regulatory action under Executive Order 12866. Plain Language Section 722 of the Gramm-Leach-Bliley Act (12 U.S.C. 4308) requires the Agencies to use “plain language” in all final rules published after January 1, 2000. OTS believes that the final rule containing the extension is presented in a clear and straightforward manner. List of Subjects in 12 CFR Part 585 Administrative practice and procedure, Holding companies, Reporting and recordkeeping requirements, Savings associations. Authority and Issuance For the reasons in the preamble, OTS is amending part 585 of chapter V of title 12 of the Code of Federal Regulations as set forth below: PART 585—PROHIBITED SERVICE AT SAVINGS AND LOAN HOLDING COMPANIES 1. The authority citation for 12 CFR part 585 continues to read as follows: Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1467a, and 1829(e). 2. Amend § 585.100(b)(2) introductory text to read as follows: § 585.100 Who is exempt from the prohibition under this part?
(b)*Temporary exemption.* * * *
(2)This exemption expires on June 1, 2008, unless the savings and loan holding company or the person files an application seeking a case-by-case exemption for the person under § 585.110 by that date. If the savings and loan holding company or the person files such an application, the temporary exemption expires on: Dated: February 25, 2008. By the Office of Thrift Supervision. John M. Reich, Director. [FR Doc. 08-887 Filed 2-28-08; 8:45 am]
Connectionstraces to 48
Traces to 48 documents
U.S. Code
48 references not yet in our index
  • 7 CFR 319
  • 7 CFR 319.56-1
  • 7 CFR 2.22
  • 7 CFR 457
  • 7 CFR 959
  • 7 CFR 900
  • 5 USC 601-612
  • 7 USC 601-674
  • 7 CFR 966
  • 10 CFR 2
  • Pub. L. 104-113
  • 68 Stat. 948
  • Pub. L. 87-615
  • 88 Stat. 1242
  • 112 Stat. 2750
  • 68 Stat. 930
  • Pub. L. 97-425
  • 96 Stat. 2213
  • Pub. L. 91-190
  • 83 Stat. 853
  • 88 Stat. 1248
  • 68 Stat. 936
  • Pub. L. 97-415
  • 96 Stat. 2073
  • 83 Stat. 444
  • 88 Stat. 1246
  • Pub. L. 101-410
  • 104 Stat. 90
  • Pub. L. 104-134
  • 96 Stat. 2232
  • Pub. L. 85-256
  • 71 Stat. 579
  • 68 Stat. 955
  • 96 Stat. 2230
  • Pub. L. 91-560
  • 84 Stat. 1473
  • 10 CFR 216
  • Pub. L. 102-99
  • 10 CFR 1021
  • Pub. L. 104-4
+ 8 more
Citation graph
cites case law
Unknown
Final rule
Fed. Reg.Notices
Fed. Reg.Notices
U.S.C.§ 3501
U.S.C.§ 450
U.S.C.§ 136
U.S.C.§ 601
C.F.R.§ 121.201
U.S.C.§ 608c
C.F.R.§ 73.2
Cite7 CFR 319
Cite7 CFR 319.56-1
Cite7 CFR 2.22
Cites 96 · showing 12Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.