Unknown. Final rule

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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-2008-03-20.xml --- 73 55 Thursday, March 20, 2008 Contents Agricultural Agricultural Marketing Service RULES Peanut Promotion, Research, and Information Order: Amendment to Primary Peanut-Producing States and Adjustment of Membership, 14919-14922 E8-5652 Pistachios Grown in California; Changes in Handling Requirements, 14917-14919 E8-5648 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES South Korea;

Permits for the Importation of Dropwort Leaves With Stems, 14956 E8-5651 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control, Vision Health, Request for Application

(RFA)DP08-001., 14988 E8-5628 Coast Guard Coast Guard NOTICES Notification of the Imposition of Conditions of Entry for Certain Vessel Arriving to the United States, Iran, 14993-14994 08-1060 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Postsecondary Internship Program; Extension of Award Period, 14957-14958 E8-5660 Comptroller Comptroller of the Currency RULES Lending Limits, 14922-14924 E8-5724 Defense Defense Department See Navy Department NOTICES Federal Advisory Committees; Renewal, 14968-14969 E8-5634 Revised Non-Foreign Overseas Per Diem Rates, 14969-14973 E8-5504 Education Education Department NOTICES Education Research and Special Education Research Grant Programs: Applications for 2009 Fiscal Year; Correction [ **Editorial Note: ** The page numbers for this document were missing from the Wednesday, March 19, 2008 **Federal Register** Table of Contents. The correct page numbers are 14878-14880] Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14974-14975 E8-5471 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14983-14985 E8-5661 E8-5664 FAA Federal Aviation Administration RULES Class E Airspace, 15049 Z8-734 Class E Airspace; Amendment: Black River Falls, WI, 14925 E8-5165 Indianapolis, IN, 14925 E8-5367 Class E Airspace; Establishment: Lexington, OK, 14925-14926 E8-5164 Walden, CO, 14924-14925 08-1028 PROPOSED RULES Class E Airspace; Establishment: Canon, GA, 14949-14950 E8-5573 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15042-15043 E8-5576 FCC Federal Communications Commission RULES Interconnected Voice Over Internet Protocol Services, Sections 225 and 255, 14941-14942 E8-5690 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14985-14988 E8-5408 E8-5764 E8-5770 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14976 E8-5594 Application: Columbia Gas Transmission Corp., 14978 E8-5592 Augusta Canal Authority, 14977-14978 E8-5591 Blanket Authorization Request: Texas Eastern Transmission, LP, 14978-14979 E8-5593 Environmental Assessment: Pacific Gas and Electric Co., 14981 E8-5595 Environmental Assessment, Intent: Petal Gas Storage, L.L.C., 14979-14981 E8-5596 Meetings; Sunshine Act, 14981-14983 E8-5582 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15043-15044 E8-5640 Rotel North American Tours; Commercial Driver's License Standards; Exemption Application and Request for Comments, 15044-15045 E8-5639 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 14988 E8-5630 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds: Minimum and Multiple Amounts Eligible for STRIPS, Legacy Treasury Direct, and Certification Requirements, 14937-14939 E8-5713 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Coaster Brook Trout, 14950-14955 E8-5618 NOTICES Endangered and Threatened Wildlife and Plants: 28 Southwestern Species; 5-Year Reviews, 14995-14997 E8-5632 Meetings: Sporting Conservation Council, 14997 E8-5637 Food Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs; Oxytetracycline Solution, 14926 E8-5598 NOTICES Standards for Standardized Numerical Identifier, Validation, Track and Trace, and Prescription Drugs Authentication; Request for Comments, 14988-14991 E8-5597 Technologies for Prescription Drug Identification, Validation, Track and Trace, or Authentication; Request for Information, 14991-14992 E8-5599 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Perrigo Co., Allegan, MI; Review of Sourcing Change, Foreign-Trade Subzone 43D, 14958 E8-5665 Forest Forest Service NOTICES Primary and Alternate Representatives, Santa Rosa and San Jacinto Mountains National Advisory Committee; Call for Nominations and Appointment, 15002-15004 E8-5654 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Section 3 Complaint Processing Functions, 14994-14995 E8-5620 Indian Indian Affairs Bureau NOTICES Muscogee (Creek) Nation Liquor and Beverage Code, 14997-15002 E8-5627 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service RULES Application of Normalization Accounting Rules to Balances of Excess Deferred Income Taxes, etc., 14934-14937 E8-5619 International International Trade Administration NOTICES Forged Stainless Steel Flanges from India: Extension of Time Limits for Preliminary Results of Antidumping Duty New Shipper Review, 14958-14959 E8-5658 Initiation of Antidumping Duty Changed Circumstances Review, 14959-14960 E8-5691 Freshwater Crawfish Tail Meat from the People's Republic of China: Court Decision Not in Harmony with Final Results of Administrative Review, 14960-14961 E8-5669 Stainless Steel Bar from India: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 15049 Z8-4245 International International Trade Commission NOTICES Investigation: DVD Players and Recorders and Products; Corrected Limited Exclusion Order, 15004-15005 E8-5609 GPS Chips, Associated Software and Systems, and Products, 15005 E8-5613 Unified Communications Systems, Products Used With Such Systems, and Components, 15005-15007 E8-5608 Justice Justice Department NOTICES Lodging of Settlement Agreement, 15007 E8-5606 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 15002 E8-5629 Meetings: John Day/Snake Resource Advisory Council, 15002 E8-5638 Primary and Alternate Representatives, Santa Rosa and San Jacinto Mountains National Advisory Committee; Call for Nominations and Appointment, 15002-15004 E8-5654 Proposed Reinstatement of Terminated Oil and Gas Lease; Wyoming, 15004 E8-5622 E8-5623 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15007-15009 E8-5631 NIH National Institutes of Health NOTICES Meetings: National Eye Institute, 14992 E8-5568 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off the Southern Atlantic States, 14942-14945 E8-5655 NOTICES Draft Guidelines: Marine Debris Program Grant Program, 14961-14964 E8-5442 Meetings: New England Fishery Management Council, 14964 E8-5633 New and Revised Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under CCAMLR Auspices, 14964-14968 E8-5680 National Science National Science Foundation RULES Conservation of Antarctic Animals and Plants, 14939-14941 E8-5689 Navy Navy Department NOTICES Privacy Act; Systems of Records, 14973-14974 E8-5635 E8-5636 Nuclear Nuclear Regulatory Commission PROPOSED RULES Decommissioning Planning; Comment Period Extension, 14946 E8-5650 New England Coalition on Nuclear Pollution; Denial of Petition for Rulemaking, 14946-14949 E8-5647 NOTICES Duke Energy Caroline, LLC; Combined License Application; Intent to Prepare Environmental Impact Statement, etc., 15009-15011 E8-5644 Entergy Nuclear Vermont Yankee L.L.C. and Entergy Nuclear Operations, Inc.; Reconstitution Notice, 15011 E8-5642 Environmental Assessment, etc.: Diablo Canyon Independent Spent Fuel Storage Installation, 15011-15012 E8-5649 Facility License Renewal; Kansas State University TRIGA Research Reactor, 15012-15013 E8-5643 Personnel Personnel Management Office NOTICES Privacy Act of 1974; Notice of Amended System of Records, 15013-15017 E8-5659 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Special Permits, 15045-15046 E8-5473 Public Public Debt Bureau See Fiscal Service RUS Rural Utilities Service NOTICES Basin Electric Power Cooperative; Intent to Hold Public Scoping Meeting and Prepare an Environmental Assessment, 14956-14957 E8-5602 SEC Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 15018-15019 E8-5590 Financial Industry Regulatory Authority, Inc., 15019-15028 E8-5571 E8-5572 SBA Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15028 E8-5616 Disaster Declaration: Tennessee, 15028-15029 E8-5615 State State Department RULES Visas: Documentation of Immigrants and Nonimmigrants; Visa Classification, 14926-14934 E8-5413 NOTICES Bureau of Educational and Cultural Affairs Request for Grant Proposals: Faith and Community, A Dialogue, 15034-15041 E8-5672 Youth Exchange and Study Abroad Program, 15029-15034 E8-5688 Determination and Waiver of 2008 Foreign Operations, and Related Programs Appropriations Act, Section 690(a) Relating to Assistance for Egypt, 15041 E8-5692 State-42 Munitions Control Records, 15041-15042 E8-5684 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 14992-14993 E8-5570 Surface Surface Transportation Board NOTICES Union Pacific Railroad Co.; Temporary Trackage Rights Exemption; BNSF Railway Co., 15046-15047 E8-5544 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15047-15048 E8-5624 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15047 E8-5617 Veterans Veterans Affairs Department NOTICES Meetings: Advisory Committee on Former Prisoners of War, 15048 E8-5580 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 55 Thursday, March 20, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 983 [Docket No. AMS-FV-07-0082; FV07-983-1 FIR] Pistachios Grown in California; Changes in Handling Requirements 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 changing the handling requirements authorized under the California pistachio marketing order (order). The order regulates the handling of pistachios grown in California and is administered locally by the Administrative Committee for Pistachios (committee). This rule continues in effect the action that suspended the minimum quality requirements, including maximum defects and minimum sizes, for California pistachios. This reduces handler costs and provides handlers more flexibility in meeting customer needs. DATES: *Effective Date:* April 21, 2008. FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:

(559)487-5901, Fax:

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

(202)720-2491, Fax:

(202)720-8938, or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order No. 983 (7 CFR part 983), regulating the handling of pistachios grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” USDA is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the action that changed the handling requirements for pistachios currently authorized under the order. This rule continues to suspend the minimum quality requirements, including maximum defects and minimum sizes, for California pistachios. This reduces handler costs and provides handlers more flexibility in meeting customer needs. This action was recommended by the committee. Prior to implementation of the interim final rule, § 983.39 established minimum quality levels for pistachios, including maximum defects and minimum sizes permitted under the order. Under § 983.46, the Secretary may modify, suspend, or make rules and regulations to implement §§ 983.38 through 983.45 based upon a recommendation by seven concurring committee members or other available information. The quality and size requirements were in effect for California pistachios since the order's inception in 2004. Evidence provided at the promulgation hearing suggested that there was a direct link between lower-quality pistachios and the incidence of aflatoxin contamination (see 68 FR 45990). Aflatoxin is one of a group of mycotoxins produced by the molds *Aspergillus flavus* and *Aspergillus parasiticus* . Aflatoxins are naturally-occurring in the field and can be further spread in improperly processed and stored nuts, dried fruits, and grains. The data presented at the hearing was based on aflatoxin analyses of pistachios with different defects. Although the data also indicated that the levels of aflatoxin associated with each defect varied widely, researchers attributed this to variability among the samples. As further data was collected in 2005 and 2006, University of California researchers concluded that variability in aflatoxin levels seen in previous studies may have been due to geographic variability. 1 2 Aflatoxin contamination is more prevalent in pistachios produced in the northern San Joaquin Valley, while quality defects, largely due to insect damage, are less prevalent. The opposite is true for the southern San Joaquin Valley. It is now believed that these differences in aflatoxin contamination between the growing areas are due to differences in climate. The northern San Joaquin Valley has more aflatoxin contamination because its cooler temperatures and greater moisture are more conducive to *Aspergillus* and aflatoxin development, but less conducive to insect population and damage. However, in the southern San Joaquin Valley, there is a higher incidence of insect damage and a much lower incidence of aflatoxin contamination because of the drier environment and higher temperatures. Thus, recent research suggests that aflatoxin occurrence in pistachios may be attributable to climatic factors. 1 Doster, M.A., T.J. Michailides, L.D. Boeckler, and D.P. Morgan, 2006. Development of expert systems and predictive models for aflatoxin contamination in pistachios. In California Pistachio Industry Annual Report Crop Year 2005-2006, pg. 101-102. 2 Doster, M.A., T.J. Michailides, L.D. Boeckler, and D.P. Morgan, 2007. Prediction of aflatoxin contamination and a survey of fungi producing Ochratoxin A in California pistachios. In California Pistachio Industry Annual Report Crop Year 2006-2007, pg. 109-110. Additionally, growers and handlers are reporting unexpected problems with the size of pistachios this season, as well as with staining of the nut shell from the hull. Pistachios are smaller than usual, and the large crop has resulted in a large percentage of pistachios which may not have met the requirements of the order because the sizes are smaller than authorized, which was 30/64ths of an inch. Staining is a problem this season due to unseasonable humidity and spotty rains on August 26th and 30th. The moisture wet the outer hull, and the hull then stained the pistachio shell. Dark stains are an external defect, which affects overall pistachio quality. Thus, the committee recommended suspending the minimum quality requirements, which include maximum defects and minimum sizes, under the order. This reduces handler costs and provides handlers more flexibility in meeting customer needs. Suspending these requirements also necessitated modifications to other sections of the order and regulations that referenced minimum quality and size requirements. Accordingly, this rule continues to partially suspend or amend language in §§ 983.6, 983.7, 983.31, 983.38, 983.40, 983.41, 983.42, 983.45, 983.138, 983.143, and 983.147 of the order; and continues to suspend §§ 983.19, 983.20, 983.39, and 983.141 in their entirety. Additionally, the third sentence in § 983.11(b), and all of § 983.71 were removed because the committee's State counterpart, the California Pistachio Commission, has been terminated and there is currently no relationship between the two organizations. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), 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 would 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 740 producers in the production area, and 50 handlers of California pistachios subject to regulation. The Small Business Administration

(SBA)(13 CFR 121.201) defines small agricultural producers as those having annual receipts less than $750,000, and defines small agricultural service firms as those whose annual receipts are less than $6,500,000. Of the 740 producers, approximately 722 have annual receipts of less than $750,000. Forty-two of the 50 handlers subject to regulation have annual pistachio receipts of less than $6,500,000. Thus, the majority of producers and handlers of California pistachios may be classified as small entities. This rule continues in effect the action that changed the handling requirements authorized under the order. This rule continues to suspend the minimum quality requirements, including maximum defects and minimum sizes, for California pistachios. Authority for this action is provided in § 983.46. Regarding the impact on affected entities, suspending the minimum quality requirements decreases handler inspection costs. The committee estimates that the direct costs to obtain inspection average approximately $50.00 per lot. The average lot is approximately 44,000 pounds. With over 100,000,000 pounds shipped domestically, the direct costs for inspection for approximately 2,300 lots could total $115,000 for the industry. The direct costs do not include handler staff time in preparing samples, and handler storage and recordkeeping costs associated with inspected pistachios. The committee considered alternatives to suspending the minimum quality requirements. Some producers were concerned that this could give handlers too much latitude in their operations. Other producers commented that handlers' customers would likely dictate product quality and prevent shipment of substandard pistachios into the market. Ultimately, the majority of committee members supported the changes. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the form ACP-5, “Minimal Testing” being suspended by this rule was previously approved by the Office of Management and Budget and assigned OMB No. 0581-0215, Pistachios Grown in California, for 1 burden hour. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. 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. Further, the committee meetings where this action was discussed were widely publicized throughout the pistachio industry and all interested persons were encouraged to attend the meetings and participate in the committee's deliberations. Like all committee meetings, these were public meetings, and entities of all sizes were encouraged to express their views on these issues. An interim final rule concerning this action was published in the **Federal Register** on December 7, 2007. Copies of the rule were mailed by the committee's staff to all committee members and pistachio handlers. In addition, the rule was made available by USDA and the Office of the **Federal Register** . That rule provided for a 60-day comment period which ended February 5, 2008. One comment was received that was not relevant to the interim final rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab/html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. The order provisions and regulations that were suspended or terminated no longer tend to effectuate the declared policy of the Act, while the regulations that were revised tend to effectuate the declared policy of the Act. Accordingly, after consideration of all relevant material presented, including the committee's recommendation, and other information, it is found that finalizing this interim final rule, without change, as published in the **Federal Register** (72 FR 69139, December 7, 2007), will effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 983 Pistachios, Marketing agreements and orders, Reporting and recordkeeping requirements. PART 983—PISTACHIOS GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR part 983 which was published at 72 FR 69139 on December 7, 2007, is adopted as a final rule without change. Dated: March 13, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-5648 Filed 3-19-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1216 [Docket No.: AMS-FV-08-0001; FV-08-701 IFR] Peanut Promotion, Research, and Information Order; Amendment to Primary Peanut-Producing States and Adjustment of Membership AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule would add a producer member and alternate from the State of Mississippi to the National Peanut Board (Board). The change was proposed by the Board, which administers the nationally coordinated program, in accordance to the provisions of the Peanut Promotion, Research, and Information Order (Order) which is authorized under the Commodity Promotion, Research, and Information Act of 1996 (1996 Act). This change is made because Mississippi is now considered a major peanut-producing state based on the Board's review of the geographical distribution of the production of peanuts. The Order requires a review of the geographical distribution of the production of peanuts at least every five years. The addition of a member from Mississippi will provide for additional representation from another primary peanut-producing state. DATES: *Effective date:* March 21, 2008. Comments must be submitted on or before April 21, 2008. ADDRESSES: Interested persons are invited to submit written comments on the Internet at: *http://www.regulations.gov* or to the Research and Promotion Branch, Fruit and Vegetable Programs, Agricultural Marketing Service (AMS), U.S. Department of Agriculture, Room 0632-S, Stop 0244, 1400 Independence Avenue, SW., Washington, DC 20250-0244; fax:

(202)205-2800. All comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the above office during regular business hours or can be viewed at *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Jeanette Palmer, Marketing Specialist, Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Room 0632, Stop 0244, Washington, DC 20250-0244; telephone:

(202)720-9915; or fax:

(202)205-2800; or e-mail: *Jeanette.Palmer@usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under the Peanut Promotion, Research, and Information Order [7 CFR Part 1216]. The Order is authorized under the Commodity Promotion, Research, and Information Act of 1996 [7 U.S.C. 7411-7425]. Executive Order 12866 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. The rule is not intended to have a retroactive effect and will not affect or preempt any other State or Federal law authorizing promotion or research relating to an agricultural commodity. The 1996 Act provides that any person subject to an order may file a written petition with the Department of Agriculture (Department) if they believe that the order, any provision of the order, or any obligation imposed in connection with the order, is not established in accordance with the law. In any petition, the person may request a modification of the order or an exemption from the order. The petitioner is afforded the opportunity for a hearing on the petition. After a hearing, the Department would rule on the petition. The 1996 Act provides that the district court of the United States in any district in which the petitioner resides or conducts business shall have the jurisdiction to review the Department's ruling on the petition, provided a complaint is filed not later than 20 days after the date of the entry of the ruling. Regulatory Flexibility Analysis In accordance with the Regulatory Flexibility Act

(RFA)[5 U.S.C. 601-612], AMS has examined the economic impact of this rule on small entities that would be affected by this rule. 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. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms as having receipts of no more than $6,500,000 million. There are approximately 10,840 producers and 33 handlers of peanuts who are subject to the program. Most producers would be classified as small businesses under the criteria established by the Small Business Administration [13 CFR 121.201], and most of the handlers would not be classified as small businesses. The Department's National Agricultural Statistics Service (NASS), reports U.S. peanut production from the 10 major peanut-producing states. The combined production from these states totaled 3.74 billion pounds in 2007. NASS data indicates that Georgia was the largest producer (44 percent of the total U.S. production), followed by Texas (20 percent), Alabama (11 percent), Florida (9 percent), North Carolina (7 percent), South Carolina (5 percent), Mississippi (2 percent), Oklahoma (2 percent), Virginia (2 percent), and New Mexico (1 percent). According to the 2002 Census of Agriculture, small amounts of peanuts were also grown in six other states. NASS data indicates that the farm value of the peanuts produced in the top 10 states in 2007 was $763 million. Three main types of peanuts are grown in the United States: Runners, Virginia, and Spanish. The southeast growing region grows mostly the medium-kernel Runner peanuts. The southwest growing region used to grow two-thirds Spanish and one-third Runner peanuts, but now more Runners than Spanish are grown. Virtually all of the Spanish peanut production is in Oklahoma and Texas. In the Virginia-Carolina region, mainly large-kernel Virginia peanuts are grown. New Mexico grows a fourth type of peanut, the Valencia. According to the Department's *Agricultural Statistics* report, in 2005 there were 10,840 commercial producers of peanuts in the United States. If that number of growers is divided into the total U.S. production in 2005, the resulting average is 449,249 pounds of peanuts per grower. Peanuts produced during 2005 provided average gross sales of $77,808 per peanut producer, and the total value of the 2005 crop was approximately $843 million. During the 2005/2006 marketing season (which began August 1, 2005), the per capita consumption of peanuts in the United States was 6.6 pounds, the same as in the 2004/2005 season. Peanut manufacturers produce three principal peanut products: peanut butter, packaged nuts (including salted, unsalted, flavored, and honey-roasted nuts), and peanut candies. In most years, half of all peanuts produced in the United States for edible purposes are used to manufacture peanut butter. Packaged nuts account for almost one-third of all processed peanuts. Some of these (commonly referred to as “ballpark” peanuts) are roasted in the shell, while a much larger quantity is used as shelled peanuts packed as dry-roasted peanuts, salted peanuts, and salted mixed nuts. Some peanuts are ground to produce peanut granules and flour. Other peanuts are crushed to produce oil. According to the Department's Foreign Agricultural Service, exports of the United States peanuts (including peanut meal, oil, and peanut butter expressed in peanut equivalents) totaled 743 million in-shell equivalent pounds in calendar year 2006, with a value of $228 million (U.S. point of departure for the foreign country). Of the total quantity, 60 percent was shelled peanuts used as nuts, 19 percent was in peanut butter, 8 percent was blanched or otherwise prepared or preserved peanuts, 4 percent was in-shell peanuts, and 3 percent was shelled oil stock peanuts. The remaining 6 percent represents peanuts exported as either a meal or oil. The major destinations in 2006 for domestic shelled peanuts for use as nuts are Canada, Mexico, the Netherlands, and Russia. Blanched or otherwise prepared peanuts are sent mainly to Western Europe, especially Norway, Denmark, and Spain. In-shell peanuts are mainly exported to Canada and various countries in Western Europe. Peanut butter is sent to many countries, with the largest amounts going to Canada, Mexico, and Germany. Peanut oil and oil stock peanuts are exported world-wide, but major destinations can vary from year to year. Approximately 164 million in-shell equivalent pounds of peanuts and peanut butter were imported in 2006 with a combined value (freight on board country of origin) of $45 million. Peanut butter accounted for about 63 percent of the total quantity of nuts (in-shell basis) imported in 2006. Most peanut butter imports come from Canada, Mexico, and Argentina. The other major import category—processed peanuts, are shipped mainly from China. Imports of oil stock shelled peanuts and peanut meal were negligible in the United States. Most peanuts produced in other countries are crushed for oil and protein meal. The United States is the main producer of peanuts used in such edible products as peanut butter, roasted peanuts, and peanut candies. Peanuts are one of the world's principal oilseeds, ranking fourth behind soybeans, cottonseed, and rapeseed. India and China usually account for half of the world's peanut production. The Board is currently composed of 10 producer members and their alternates. There is one producer member and alternate from each of the nine major peanut-producing states (in descending order—Georgia, Texas, Alabama, Florida, North Carolina, South Carolina, Oklahoma, Virginia, and New Mexico) and one at-large member and alternate representing all other peanut-producing states. However, based on the Board's review of the geographical distribution of the production of peanuts, Mississippi is now considered a major peanut-producing state. The Order requires this review at least every five years. The Board membership would move from 10 members and their alternates to 11 members and their alternates. The addition of a producer member and alternate would be consistent with section 1216.40(b) of the Order which indicates that at least once during each five-year period, the Board shall review the geographical distribution of peanuts and make recommendation to the Secretary of Agriculture (Secretary) to continue without change or whether changes should be made in the number of representatives on the Board to reflect changes in the geographical distribution of the production of peanuts. The Order became effective on July 30, 1999, and it contains provision to add a producer member and alternate if the State meets and maintains a three-year average production of at least 10,000 tons of peanuts. At the Board's December 4-5, 2007, meeting, the Board voted unanimously to add the State of Mississippi as a primary peanut-producing state contingent on the NASS data for the 2007 crop year showing that Mississippi has maintained a three-year average annual peanut production of at least 10,000 tons per year. The most recent NASS data shows that for the years 2005, 2006, and 2007 Mississippi produced 22,400 tons, 23,200 tons, and 29,700 tons of peanuts respectively. Based on this data, the three-year average annual peanut production for Mississippi totals 22,410 tons per year (67,232 divided by 3), which well exceeds the threshold set in the Order. With regard to alternatives, the Board reviewed the peanut distribution for all the minor peanut-producing states, and Mississippi was the only State that met the Order's requirement for a three-year average peanut production of at least 10,000 tons. Nominations and appointments to the Board are conducted pursuant to sections 1216.40, 1216.41, and 1216.43 of the Order. Appointments to the Board are made by the Secretary from a slate of nominated candidates. Pursuant to section 1216.41(a) of the Order, eligible peanut producer organizations within the State shall nominate two qualified persons for each member and each alternate member. The nomination meeting must be announced 30 days in advance. The nominees should be elected at an open meeting among peanut producers eligible to serve on the Board. At the nomination meeting, the Department will be present to oversee and to verify eligibility and count ballots. The nominees for the producer member and alternate member will be submitted to the Secretary for appointment to the Board. In accordance with the Office of Management and Budget

(OMB)regulation [5 CFR part 1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the background form, which represents the information collection and recordkeeping requirements that may be imposed by this rule, was previously submitted to and approved by OMB under OMB Number 0505-0001. The public reporting burden is estimated to increase by an average 0.5 hours per response for each of the four producers. The estimated annual cost of providing the information by the four producers would be $19.80 or $4.95 per producer. This additional burden will be included in the existing information collections approved for use under OMB Number 0505-0001. With regard to information collection requirements, adding a producer member and alternate member representing the State of Mississippi for the Board means that four additional producers will be required to submit background forms to the Department in order to be considered for appointment to the Board. Four producers will be affected because two names must be submitted to the Secretary for consideration for each position on the Board. However, serving on the Board is optional, and the burden of submitting the background form would be offset by the benefits of serving on the Board. The estimated annual cost of providing the information by four producers would be $19.80 for all four producers or $4.95 per producer. The Department has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. We have performed this Initial Regulatory Flexibility Analysis regarding the impact of this proposed amendment to the Order on small entities, and we invite comments concerning the effects of this amendment on small businesses. Background The Order became effective on July 30, 1999, and is authorized under the 1996 Act. The Board is composed of 10 producer members and their alternates: One member and alternate from each primary peanut-producing state (in descending order—Georgia, Texas, Alabama, Florida, North Carolina, South Carolina, Oklahoma, Virginia, and New Mexico) and one at-large member and alternate collectively from the minor peanut-producing states. The members and alternates are nominated by producers or producer groups. Under the Order, the Board administers a nationally coordinated program of promotion, research, and information designed to strengthen the position of peanuts in the market place and to develop, maintain, and expand the demand for peanuts in the United States. Under the program, all peanut producers pay an assessment of one percent of the total value of all farmers stock peanuts. The assessments are remitted to the Board by handlers and, for peanuts under loan, by the Commodity Credit Corporation. Pursuant to section 1216.40

(b)of the Order, at least once in each five-year period, the Board shall review the geographical distribution of peanuts in the United States and make a recommendation to the Secretary to continue without change or whether changes should be made in the number of representatives on the Board to reflect changes in the geographical distribution of the production of peanuts. The Board reviewed the most recent NASS data and it reported that in 2005, 2006, and 2007 Mississippi produced 22,400 tons, 23,200 tons, and 29,700 tons of peanuts respectively. Based on this data, the three-year average annual peanut production for Mississippi totals 22,410 tons per year (67,232 divided by 3) which exceeds the requirement set in the Order of 10,000 pounds per year to become a major peanut-producing state. In addition, NASS data showed that Mississippi has produced two percent of the total United States peanut crop which is the same as Oklahoma and Virginia, two of the primary peanut-producing states. At the Board's December 4-5, 2007, meeting, the Board voted unanimously to add Mississippi as a primary peanut-producing state. Therefore, the addition of a producer member and alternate would carry out the recommendations of the Board. This action will add to the Board a member and an alternate from Mississippi which has become a primary peanut-producing state. The addition of a producer member and alternate member would allow Mississippi representation on the Board's decision making and also potentially provide an opportunity to increase diversity on the Board. Furthermore, this rule would make amendments to sections 1216.15 and 1216.21 of the Order to add the State of Mississippi as a primary peanut-producing state. Also, this rule would revise sections 1216.40(a) and 1216.40(a)(1) of the Order to specify that the Board will be composed of 11 peanut producer members and their alternates rather than 10. Nominations and appointments to the Board are conducted pursuant to sections 1216.40, 1216.41, and 1216.43 of the Order. Appointments to the Board are made by the Secretary from a slate of nominated candidates. Pursuant to section 1216.41(a) eligible peanut producer organizations within the State as certified pursuant to section 1216.70 shall nominate two qualified persons for each member and each alternate member. The nomination meeting must be announced 30 days in advance. The nominees should be elected at an open meeting among peanut producers eligible to serve on the Board. At the nomination meeting, the Department will be present to oversee and to verify eligibility and count ballots. The nominees for the producer member and alternate member will be submitted to the Secretary for appointment to the Board. The Mississippi nomination process would begin in 2008; however, if this process is not in effect by the Spring of 2008, then Mississippi would not be able to have representation on the Board until 2010. Accordingly, pursuant to 5 U.S.C. 553, it is found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because this rule will allow the upcoming nominations and appointments to be conducted in time for the Mississippi members to be appointed to begin during the next term of office. The Board's term of office would begin on January 1, 2009, and end December 31, 2011. For the same reasons, a 30-day period is provided for interested persons to comment on this rule. List of Subjects in 7 CFR Part 1216 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Peanut promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1216 is amended as follows: PART 1216—PEANUT PROMOTION, RESEARCH, AND INFORMATION ORDER 1. The authority citation for part 1216 continues to read as follows: Authority: 7 U.S.C. 7411-7425. 2. Section 1216.15 is revised to read as follows: § 1216.15 Minor peanut-producing states. *Minor peanut-producing states* means all peanut-producing states with the exception of Alabama, Florida, Georgia, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, and Virginia. 3. Section 1216.21 is revised to read as follows: § 1216.21 Primary peanut-producing states. *Primary peanut-producing states* means Alabama, Florida, Georgia, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, and Virginia, *Provided,* these states maintain three-year average production of at least 10,000 tons of peanuts. 4. Section 1216.40, paragraphs

(a)introductory text and (a)(1) are revised to read as follows: § 1216.40 Establishment and membership.

(a)*Establishment of a National Peanut Board.* There is hereby established a National Peanut Board, hereinafter called the Board, composed of no more than 11 peanut producers and alternates, appointed by the Secretary from nominations as follows:

(1)*Ten members and alternates.* One member and one alternate shall be appointed from each primary peanut-producing state, who are producers and whose nominations have been submitted by certified peanut producer organizations within a primary peanut-producing state. Dated: March 13, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8-5652 Filed 3-19-08; 8:45 am] BILLING CODE 3410-02-P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 32 [Docket No. OCC-2008-0005] RIN 1557-AD08 Lending Limits AGENCY: Office of the Comptroller of the Currency, Treasury. ACTION: Interim final rule with request for comment. SUMMARY: The Office of the Comptroller of the Currency

(OCC)is issuing an interim final rule to add a provision to its part 32 lending limits regulation that will address temporary funding arrangements in emergency situations. The interim final rule will enable the OCC to establish a special lending limit for loans and extensions of credit that the OCC determines are essential to address an emergency situation (such as critical financial markets stability), will be of short duration, will be reduced in amount in a timeframe and manner acceptable to the OCC, and do not present unacceptable risk to the lending national bank. In granting approval for a special temporary lending limit, the OCC would impose supervisory oversight and reporting measures that it determines are appropriate. DATES: *Effective Date:* This rule is effective on March 20, 2008. *Comment Date:* Comments must be received by April 21, 2008. ADDRESSES: Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by e-mail, if possible. Please use the title “Lending Limits” to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods: • *Federal eRulemaking Portal—“Regulations.gov”:* Go to *http://www.regulations.gov* , under the “More Search Options” tab click next to the “Advanced Docket Search” option where indicated, select “Comptroller of the Currency” from the agency drop-down menu, then click “Submit.” In the “Docket ID” column, select “OCC-2008-0005” to submit or view public comments and to view supporting and related materials for this interim final rule. The “How to Use This Site” link on the Regulations.gov home page provides information on using Regulations.gov, including instructions for submitting or viewing public comments, viewing other supporting and related materials, and viewing the docket after the close of the comment period. • *E-mail: regs.comments@occ.treas.gov* . • *Mail:* Office of the Comptroller of the Currency, 250 E Street, SW., Mail Stop 1-5, Washington, DC 20219. • *Fax:*

(202)874-4448. • *Hand Delivery/Courier:* 250 E Street, SW., Attn: Public Information Room, Mail Stop 1-5, Washington, DC 20219. *Instructions:* You must include “OCC” as the agency name and “Docket Number OCC-2008-0005” in your comment. In general, OCC will enter all comments received into the docket and publish them on the Regulations.gov Web site without change, including any business or personal information that you provide such as name and address information, e-mail addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. You may review comments and other related materials that pertain to this interim final rule by any of the following methods: • *Viewing Comments Electronically:* Go to *http://www.regulations.gov* , under the “More Search Options” tab click next to the “Advanced Document Search” option where indicated, select “Comptroller of the Currency” from the agency drop-down menu, then click “Submit.” In the “Docket ID” column, select “OCC-2008-0005” to view public comments for this rulemaking action. • *Viewing Comments Personally:* You may personally inspect and photocopy comments at the OCC's Public Information Room, 250 E Street, SW., Washington, DC. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling

(202)874-5043. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. • *Docket:* You may also view or request available background documents and project summaries using the methods described above. FOR FURTHER INFORMATION CONTACT: Patrick T. Tierney, Senior Attorney, Legislative and Regulatory Activities Division,

(202)874-5090; Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division,

(202)874-5090; or Steven V. Key, Special Counsel, Bank Activities and Structure Division,

(202)874-5300, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Background The percentage of capital and surplus that a national bank may loan to any one borrower is limited by 12 U.S.C. 84. Generally, section 84 and the OCC's implementing regulations, 12 CFR part 32, permit a national bank to make loans in an amount up to 15 percent of its unimpaired capital and surplus to a single borrower. A national bank also may extend credit up to an additional 10 percent of unimpaired capital and surplus to the same borrower if the amount of the loan that exceeds the 15 percent limit is secured by specified types of collateral. Part 32 refers to these lending limits as the “combined general limit.” The statute and regulation also provide exceptions to the combined general limit for various types of loans and extensions of credit. 12 CFR 32.3(c)(7) of the OCC's current regulations include an exemption from the combined general limit for loans and extensions of credit approved by the OCC to a “financial institution” when an emergency situation exists. For purposes of this exception, a “financial institution” is defined as a commercial bank, savings bank, trust company, savings association, or credit union. Recent market conditions have highlighted that emergency situations may exist where temporary exemptions from the lending limits may be appropriate for loans and extensions of credit to other types of parties. National banks, in their established role as lenders and financial intermediaries, can be a crucial source of liquidity in such situations, provided the emergency funding is of limited duration, does not present unacceptable risk, and is subject to appropriate safeguards. 12 U.S.C. 84(d)(1) provides the OCC with rulemaking authority “to administer and carry out the purposes” of the lending limit statute, including authority “to establish limits other than those specified in this section for particular classes or categories of loans or extensions of credit.” 1 Accordingly, the OCC is amending part 32 to add a provision that creates a special lending limit for temporary funding arrangements for loans and extensions of credit that the OCC determines are essential to address emergency situations, which would include critical financial markets stability, subject to certain conditions, described below. 1 This authority is in addition to OCC's general rulemaking authority found at 12 U.S.C. 93a, upon which the OCC also relies for purposes of issuing the 12 CFR part 32 lending limits regulations. This additional lending limit category is based upon, but more limited than, the OCC's existing authority under § 32.3(c)(7) to approve and exempt from the general lending limit loans or extensions of credit by a national bank to a “financial institution” when an emergency situation exists. Description of the Interim Final Rule The interim final rule adds a new § 32.8 that permits an eligible bank, 2 with the written approval of the OCC, to make loans and extensions of credit to one borrower subject to a special temporary lending limit established by the OCC, where the OCC determines that such loans and extensions of credit are essential to address an emergency situation (such as critical financial markets stability), will be of short duration, will be reduced in amount in a timeframe and manner acceptable to the OCC, and do not present unacceptable risk. In granting approval for such a special temporary lending limit, the OCC will impose supervisory oversight and reporting measures that it determines are appropriate to monitor compliance with the standards contained in new § 32.8. The § 32.8 special temporary lending limit is in addition to the amount a national bank may lend to one borrower under § 32.3, i.e., the combined general lending limit and applicable exceptions. 2 For purposes of part 32, “eligible bank” means a national bank that

(1)is “well capitalized” as defined in 12 CFR 6.4(b)(1); and

(2)has a composite rating of 1 or 2 under the Uniform Financial Institutions Rating System in connection with the bank's most recent examination or subsequent review, with at least a rating of 2 for asset quality and for management. *See* 12 CFR 32.2(i). Effective Date; Solicitation of Comments This interim final rule will become effective immediately upon publication in the **Federal Register** . Pursuant to the Administrative Procedure Act (APA), at 5 U.S.C. 553(b)(B), notice and an opportunity for public comment are not required prior to the issuance of a final rule if an agency, for good cause, finds that “notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” 3 Similarly, a final rule may be published with an immediate effective date if an agency finds good cause and publishes such with the rule. 5 U.S.C. 553(d)(3). 3 5 U.S.C. 553(b)(B). Consistent with section 553(b)(B) of the APA, the OCC finds that good cause exists for a finding that notice and comment is impracticable and contrary to the public interest. As previously described, temporary funding arrangements in emergency situations are critical to maintain the orderly functioning of markets and provide market liquidity. Completion of notice and comment rulemaking procedures prior to issuing this interim final rule would require delaying implementation of the final rule. In the current market environment, such a delay is impracticable and inconsistent with the public interest since it may result in undue constraint on the national banks' ability to perform critical lending and financial intermediary roles which are critical to the orderly functioning and liquidity of markets. Issuance of this interim final rule furthers the public interest because it will provide the OCC with an additional tool that will help ensure the safety and soundness of national banks and liquidity to the credit markets. For the same reasons, the OCC finds good cause to publish this rule with an immediate effective date. *See* 5 U.S.C. 553(d)(3). Although notice and comment are not required prior to the effective date of this rule, the OCC invites comments on all aspects of this interim final rule and intends to revise the interim final rule if necessary or appropriate in light of the comments received. Solicitation of Comments on Use of Plain Language The OCC also requests comment on whether the interim final rule is written clearly and is easy to understand. On June 1, 1998, the President issued a memorandum directing each agency in the Executive branch to write its rules in plain language. This directive applies to all new proposed and interim rulemaking documents issued on or after January 1, 1999. In addition, Public Law 106-102 requires each Federal agency to use plain language in all proposed and interim final rules published after January 1, 2000. The OCC invites comments on how to make this rule clearer. For example, you may wish to discuss:

(1)Whether we have organized the material to suit your needs;

(2)Whether the requirements of the rule are clear; or

(3)Whether there is something else we could do to make the rule easier to understand. Regulatory Flexibility Act Analysis The Regulatory Flexibility Act (Pub. L. 96-354, Sept. 19, 1980)

(RFA)applies only to rule making actions for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). 4 Because the OCC has determined for good cause that the Administrative Procedure Act does not require public notice and comment on this interim final rule, we are not publishing a general notice of proposed rulemaking. Thus, the RFA does not apply to this interim final rule. 4 5 U.S.C. 601(2). Executive Order 12866 The OCC has determined that this interim final rule is not a significant regulatory action under Executive Order 12866. Unfunded Mandates Reform Act of 1995 Determinations Section 202 of the Unfunded Mandates Reform Act of 1995 5 (Unfunded Mandates Act) requires that an agency prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires the agency to identify and consider a reasonable number of regulatory alternatives before promulgating the rule. The OCC has determined that this interim final rule will not result in a Federal mandate that would result in expenditures by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Accordingly, the OCC has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. 5 2 U.S.C. 1532. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), we have reviewed the interim final rule to assess any information collections. There are no collections of information as defined by the Paperwork Reduction Act in the interim final rule. Lists of Subjects in 12 CFR Part 32 Lending limits. Authority and Issuance For the reasons set forth in the preamble, part 32 of chapter I of title 12 of the Code of Federal Regulations is amended as follows: PART 32—LENDING LIMITS 1. The authority citation for part 32 continues to read as follows: Authority: 12 U.S.C. 1 *et seq.* , 84, and 93a. 2. Add § 32.8 to read as follows: § 32.8 Temporary funding arrangements in emergency situations. In addition to the amount that a national bank may lend to one borrower under § 32.3 of this part, an eligible bank with the written approval of the OCC may make loans and extensions of credit to one borrower subject to a special temporary lending limit established by the OCC, where the OCC determines that such loans and extensions of credit are essential to address an emergency situation, such as critical financial markets stability, will be of short duration, will be reduced in amount in a timeframe and manner acceptable to the OCC, and do not present unacceptable risk. In granting approval for such a special temporary lending limit, the OCC will impose supervisory oversight and reporting measures that it determines are appropriate to monitor compliance with the foregoing standards as set forth in this paragraph. Dated: March 17, 2008. John C. Dugan, Comptroller of the Currency. [FR Doc. E8-5724 Filed 3-19-08; 8:45 am] BILLING CODE 4810-33-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2007-0205; Airspace Docket No. 07-ANM-17] Establishment of Class E Airspace; Walden, CO AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action will establish Class E airspace at Walden, CO. Additional Class E airspace is necessary to accommodate aircraft using a new Area Navigation

(RNAV)Global Positioning System

(GPS)Standard Instrument Approach Procedure

(SIAP)at Walden-Jackson County Airport. This will improve the safety of Instrument Flight Rules

(IFR)aircraft executing the new RNAV GPS SIAP at Walden-Jackson County Airport, Walden, CO. DATES: *Effective Date:* 0901 UTC, June 5, 2008. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation Administration, System Support Group, Western Service Area, 1601 Lind Avenue, SW., Renton, WA 98057; telephone

(425)203-4537. SUPPLEMENTARY INFORMATION: History On January 18, 2008, the FAA published in the **Federal Register** a notice of proposed rulemaking to establish Class E airspace at Walden, CO (73 FR 3431). This action would improve the safety of IFR aircraft executing this new RNAV GPS SIAP approach procedure at Walden-Jackson County Airport, Walden, CO. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9R signed August 15, 2007, and effective September 15, 2007, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in that Order. The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace at Walden, CO. Additional controlled airspace is necessary to accommodate IFR aircraft executing a new RNAV

(GPS)approach procedure at Walden-Jackson County Airport, Walden, CO. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation:

(1)Is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA's authority to issue rules regarding aviation safety is found in title 49 of the U.S. Code. Subtitle 1, Section 106 discusses the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes controlled airspace at Walden-Jackson County Airport, Walden, CO. List of Subjects in 14 CFR Part 17 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9R, Airspace Designations and Reporting Points, signed August 15, 2007, and effective September 15, 2007 is amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. ANM CO, E5 Walden, CO [New] Walden-Jackson County Airport, CO (Lat. 40°45′01″ N., long. 106°16′17″ W.) That airspace extending upward from 700 feet above the surface within a 5-mile radius of Walden-Jackson County Airport, and within 4 miles each side of the 342° bearing from the airport extending from the 5-mile radius to V-524 northwest of the airport. Issued in Seattle, Washington, on March 7, 2008. Kevin Nolan, Acting Manager, System Support Group, Western Service Center. [FR Doc. 08-1028 Filed 3-19-08; 8:45 am]

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