Unknown. Interim rule and request for comments

6,048 words·~27 min read·/register/2008/07/31/08-1482

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-2008-07-31.xml --- 73 148 Thursday, July 31, 2008 Contents Agricultural Agricultural Marketing Service RULES Milk in the Northeast and Other Marketing Areas: Interim Order Amending the Orders, 44617-44619 08-1482 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Citrus Canker;

Movement of Fruit From a Quarantined Area; Bag Markings, 44615-44617 E8-17592 PROPOSED RULES Minimum Age Requirements for the Transport of Animals, 44671 E8-17591 NOTICES Site-Specific Environmental Assessment and Pest Risk Assessment for the Interstate Movement of Garbage from Hawaii to Oregon, 44702-44703 E8-17589 Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act (1993): Advanced Media Workflow Association, Inc., 44773 E8-17507 Institute of Electrical and Electronics Engineers, 44773 E8-17511 Intersocietal Accreditation Commission, 44772-44773 E8-17509 Petroleum Environmental Research Forum, 44773-44774 E8-17512 Army Army Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, E8-17550 44709-44710 E8-17551 Coast Guard Coast Guard RULES Transportation Worker Identification Credential

(TWIC)Implementation in the Maritime Sector: Hazardous Materials Endorsement for a Commercial Drivers License, 44653-44654 E8-17557 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44703-44704 E8-17490 E8-17491 Commodity Commodity Futures Trading Commission NOTICES Determination of Appropriateness of Standards of the United Kingdom's Financial Services Authority for Oversight and Supervision of ICE Clear Europe Limited, 44706-44707 E8-17357 Fees for Reviews of the Rule Enforcement Programs of Contract Markets and Registered Futures Associations, 44707-44709 E8-17531 Comptroller Comptroller of the Currency RULES Supervisory Guidance: Supervisory Review Process of Capital Adequacy (Pillar 2) Related to Implementation of the Basel II Advanced Capital Framework, 44620-44628 E8-17555 Defense Defense Department See Army Department Education Education Department NOTICES Meetings: Advisory Committee on Student Financial Assistance; Correction, 44710 E8-17526 Reading First Advisory Committee, 44710-44711 E8-17535 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Massachusetts, 44654-44663 E8-17595 PROPOSED RULES Proposed Tolerance Revocations: Carbofuran, 44864-44892 E8-17660 NOTICES Filing of Pesticide Petitions for Residues of Pesticide Chemicals in or on Various Commodities, 44719-44720 E8-17597 Final NPDES General Permits for Noncontact Cooling Water Discharges in the Commonwealth of Massachusetts and State of New Hampshire, 44721 E8-17599 Findings of Informal Review of the State of Michigan's Approved Clean Water Act Section 404 Program, 44721-44725 E8-17588 Proposed Past Cost Administrative Settlement: Sterling Morton High School Superfund Site, Town of Cicero, Cook County, IL, 44725-44726 E8-17596 Recent Posting to the Applicability Determination Index (ADI): Database System of Agency Applicability Determinations, etc., 44726-44743 E8-17489 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness Directives: General Electric Co.

(GE)CF34-8E Series Turbofan Engines, 44628-44630 E8-17422 Rolls-Royce Deutschland Ltd & Co KG

(RRD)Dart 528, et al., 44630-44632 E8-17423 FCC Federal Communications Commission RULES Inflation Adjustment of Maximum Forfeiture Penalties, 44663-44665 E8-17254 PROPOSED RULES Television Broadcasting Services: Spokane, WA, 44677-44678 E8-17571 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44743-44745 E8-17575 E8-17580 Meetings; Sunshine Act, 44745 E8-17659 FDIC Federal Deposit Insurance Corporation RULES Supervisory Guidance; Supervisory Review Process of Capital Adequacy (Pillar 2) Related to: Implementation of the Basel II Advanced Capital Framework, 44620-44628 E8-17555 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: CenterPoint Energy Gas Transmission Co.; Texas Eastern Transmission, LP, 44711-44712 E8-17497 Applications Accepted for Filing and Soliciting Motions to Intervene and Protests: Consumers Energy Co.; Allegan County, MI, 44711 E8-17496 Combined Notice of Filings, 44712-44717 E8-17498 E8-17499 Environmental Assessments; Intent: T.W. Phillips Pipeline Corp.; Bionol Clearfield Pipeline Project, 44717-44719 E8-17494 Preliminary Permit Applications Accepted for Filing and Soliciting Comments, Motions to Intervene, etc.: Blue Heron Hydro, LLC, 44719 E8-17495 Federal Reserve Federal Reserve System RULES Supervisory Guidance; Supervisory Review Process of Capital Adequacy (Pillar 2) Related to: Implementation of the Basel II Advanced Capital Framework, 44620-44628 E8-17555 FTC Federal Trade Commission NOTICES Granting of Request for Early Termination of the Waiting Period Under the Premerger Notification Rules, 44746-44748 E8-17416 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Revised Critical Habitat for Marbled Murrelet, 44678-44701 E8-17343 NOTICES Endangered and Threatened Wildlife and Plants; Recovery Crediting Guidance, 44761-44772 E8-17579 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44748-44751 E8-17566 E8-17576 E8-17577 Forest Forest Service NOTICES National Urban and Community Forestry Advisory Council, 44703 E8-17572 Health Health and Human Services Department 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 See Transportation Security Administration Interior Interior Department See Fish and Wildlife Service NOTICES Carrizo Plain National Monument Advisory Committee; Notice of Renewal, 44759 E8-17473 Privacy Act; Systems of Records, 44759-44761 E8-17582 IRS Internal Revenue Service RULES Grantor Retained Interest Trusts- Application of Sections 2036 and 2039; Correction, 44648 E8-17500 Mortality Tables for Determining Present Value, 44632-44648 E8-17492 Severance of a Trust for Generation-Skipping Transfer

(GST)Tax Purposes, 44649-44653 E8-17503 International International Trade Administration NOTICES Countervailing Duty: Carbazole Violet Pigment 23 from India, 44704-44705 E8-17585 North American Free-Trade Agreement, Article 1904: NAFTA Panel Reviews; Request for Panel Review, 44705 E8-17534 Justice Justice Department See Antitrust Division See Justice Programs Office Justice Justice Programs Office PROPOSED RULES Criminal Intelligence Systems Operating Policies, 44673-44677 E8-17519 Labor Labor Department See Occupational Safety and Health Administration National Highway National Highway Traffic Safety Administration NOTICES Goodyear Dunlop Tires North America, Ltd.: Grant of Petition for Decision of Inconsequential Noncompliance, 44799-44800 E8-17527 NIH National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, E8-17505 44751-44753 E8-17528 Government-Owned Inventions; Availability for Licensing, 44753-44755 E8-17506 E8-17508 Meetings: Center For Scientific Review, E8-17518 44755-44756 E8-17523 Interagency Autism Coordinating Committee, 44756 E8-17513 National Center for Research Resources, E8-17524 44756-44757 E8-17525 National Heart, Lung, and Blood Advisory Council, 44757 E8-17517 National Human Genome Research Institute, 44757 E8-17521 National Institute of Child Health and Human Development Special Emphasis Panel, 44758 E8-17568 E8-17569 National Institute of Mental Health Special Emphasis Panel, 44757-44758 E8-17510 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pelagic Shelf Rockfish for Catcher Processors Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska, 44670 E8-17567 NOTICES Endangered and Threatened Species; Take of Anadromous Fish, 44705-44706 E8-17570 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44777 E8-17553 Nuclear Nuclear Regulatory Commission RULES Price-Anderson Act Financial Protection Regulations and Elimination of Antitrust Reviews; Correction, 44619-44620 E8-17436 PROPOSED RULES Denial of Petition for Rulemaking: Eric Epstein, 44671-44673 E8-17544 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44777-44778 E8-17541 Availability and Solicitation of Public Comments: Technical Basis for New Performance-Based Emergency Core Cooling System Requirements, 44778-44779 E8-17543 Draft Regulatory Guide; Issuance, Availability, 44779-44780 E8-17542 Request for Comments on the Security and Continued Use of Cesium-137 Chloride Sources: Notice of Public Meeting, 44780-44783 E8-17545 Occupational Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44774-44777 E8-17536 E8-17565 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Personnel Demonstration Project; Pay Banding and Performance-Based Pay: Adjustments in the National Nuclear Security Administration; Correction, 44786 E8-17581 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: Revision to Requirements for the Transportation of Batteries and Battery-Powered Devices; et al., 44804-44862 E8-16579 NOTICES Pipeline Safety: National Pipeline Mapping System, 44800 E8-17532 Voluntary Survey of Regulated and Unregulated Low Stress Pipeline Information, 44800-44801 E8-17530 Presidential Presidential Documents ADMINISTRATIVE ORDERS Lebanon; Continuation of National Emergency with Respect to the Actions of Certain Persons to Undermine its Sovereignty and Democratic Processes and Institutions, 44893-44896 E8-17787 SEC Securities and Exchange Commission NOTICES Applications: Cohen & Steers Advantage Income Realty Fund, Inc., et al., 44787-44791 E8-17539 Applications for Deregistration under Section 8(f) of the Investment Company Act (1940), 44786-44787 E8-17504 Meetings; Sunshine Act, 44791 E8-17600 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 44791-44794 E8-17501 E8-17563 The NASDAQ Stock Market LLC, 44794-44797 E8-17502 SBA Small Business Administration NOTICES Disaster Declarations: Illinois, 44797-44798 E8-17547 Minnesota, 44798 E8-17546 Missouri, 44798 E8-17538 E8-17548 State State Department NOTICES Determination and Certification Related to Colombian Armed Forces Under Section 556 of the Foreign Operations, Export Financing, etc., 44798-44799 E8-17680 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Drug Testing Advisory Board, 44758-44759 E8-17564 Thrift Thrift Supervision Office RULES Supervisory Guidance; Supervisory Review Process of Capital Adequacy (Pillar 2) Related to: Implementation of the Basel II Advanced Capital Framework, 44620-44628 E8-17555 Trade Trade Representative, Office of United States NOTICES Request for Comments and Notice of Public Hearing Concerning Chinas Compliance with WTO Commitments, 44783-44785 E8-17574 Request for Public Comment with Respect to the Annual National Trade Estimate Report on Foreign Trade Barriers, 44785-44786 E8-17573 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Transportation Transportation Security Administration RULES False Statements Regarding Security Background Checks, 44665-44669 E8-17515 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Transportation Department, Pipeline and Hazardous Materials Safety Administration, 44804-44862 E8-16579 Part III Environmental Protection Agency, 44864-44892 E8-17660 Part IV Executive Office of the President, Presidential Documents, 44893-44896 E8-17787 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. 73 148 Thursday, July 31, 2008 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2008-0080] RIN 0579-AC81 Citrus Canker; Movement of Fruit From a Quarantined Area; Bag Markings AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations governing the interstate movement of fruit from an area quarantined for citrus canker to extend the temporary exception that allows fruit to be packed for interstate movement in bags that are clearly marked with only a limited distribution statement, if those bags are then packed in a box that is marked with both the limited distribution statement and the statement “Limited Permit: USDA-APHIS-PPQ.” We are extending the ending date for this temporary exemption from August 1, 2008, to August 1, 2010. This action provides for the continued use of existing inventories of bags in which regulated fruit are packed while maintaining safeguards against the movement of regulated fruit to commercial citrus-producing States. DATES: This interim rule is effective July 31, 2008. We will consider all comments that we receive on or before September 29, 2008. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0080* to submit or view comments and to view supporting and related materials available electronically. • *Postal Mail/Commercial Delivery:* Please send two copies of your comment to Docket No. APHIS-2008-0080, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. APHIS-2008-0080. *Reading Room:* You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. *Other Information:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov* . FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Senior Staff Officer, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road, Unit 137, Riverdale, MD 20737-1231; 301-734-8899. SUPPLEMENTARY INFORMATION: Background Citrus canker is a plant disease caused by the bacterium *Xanthomonas citri* subsp. *citri* that affects plants and plant parts, including fresh fruit, of citrus and citrus relatives (Family Rutaceae). Citrus canker can cause defoliation and other serious damage to the leaves and twigs of susceptible plants. It can also cause lesions on the fruit of infected plants, which render the fruit unmarketable, and cause infected fruit to drop from the trees before reaching maturity. The aggressive A (Asiatic) strain of citrus canker can infect susceptible plants rapidly and lead to extensive economic losses in commercial citrus-producing areas. Citrus canker is only known to be present in the United States in the State of Florida. The regulations to prevent the interstate spread of citrus canker are contained in §§ 301.75-1 through 301.75-14 of “Subpart—Citrus Canker” (7 CFR 301.75-1 through 301.75-17, referred to below as the regulations). The regulations restrict the interstate movement of regulated articles from and through areas quarantined because of citrus canker and provide, among other things, conditions under which regulated fruit may be moved into, through, and from quarantined areas for packing. These regulations are promulgated pursuant to the Plant Protection Act (7 U.S.C. 7701 *et seq.* ). On June 21, 2007, we published in the **Federal Register** (72 FR 34180-34191, Docket No. APHIS-2007-0022) a proposal to amend the citrus canker regulations by modifying the conditions under which fruit may be moved interstate from quarantined areas. Among other things, we proposed to require that boxes in which fruit are packed be marked with the statement “Limited Permit: USDA-APHIS-PPQ” in addition to the limited distribution statement, “Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands of the United States,” that the regulations already required. We also proposed that only fruit that has been treated, inspected, and found free of visible symptoms of citrus canker would be allowed to leave packinghouses in boxes marked with the limited permit statement. We proposed adding the limited permit statement in order to help ensure that only fruit that was handled in accordance with all of the requirements in § 301.75-7 would be moved interstate. In addition, the limited permit statement indicates under whose authority the distribution of the fruit to commercial citrus-producing States is prohibited, thus further assuring that packers and handlers comply with the limited distribution requirement. It was also our understanding that boxes and other containers in which fruit would be moving interstate would be large enough to bear the proposed limited permit statement, by adding either a sticker or stamp to the existing inventory of boxes or containers. We received comments on the proposed rule stating that bags of fruit, which are typically packed in boxes, also bore the limited distribution statement but that it was not practical to add the limited permit statement using a sticker or stamp, as the surface area of the label on bags was not large enough to accommodate the additional limited permit statement. Existing inventories of bags would have to be destroyed, and new bags would have to be printed. On November 19, 2007, we published in the **Federal Register** (72 FR 65171-65204, Docket No. APHIS-2007-0022) a final rule that required the limited permit and limited distribution statements on all boxes and containers in which regulated fruit is packaged for interstate movement, but provided a temporary exception for the use of bags that are marked only with the limited distribution statement. This exception was intended to allow industry to exhaust its existing inventory of bags pre-marked with the limited distribution statement. The regulations in paragraph (a)(5)(ii) of § 301.75-7 have provided that, until August 1, 2008, fruit that meets all the requirements of § 301.75-7 may be packed in bags that are clearly marked with the statement “Not for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands of the United States,” as long as the bags of fruit are packed in boxes that are marked with both the limited permit and limited distribution statements. Fruit that does not meet all the requirements of § 301.75-7 may not be packed in either bags or boxes that are marked with the limited distribution statement. We determined that this requirement would ensure that fruit moved interstate meets the requirements of § 301.75-7 and would provide protection against the distribution of fruit to commercial citrus-producing States because the bags must be packed in boxes that are marked with both the limited permit statement and the limited distribution statement, and because bagged fruit is not unloaded from the boxes in which it is shipped until it reaches the point of sale. Since the final rule became effective on November 19, 2007, there have been no instances where bags of fruit have been unloaded from the boxes in which they were shipped and distributed prior to the final point of sale. This requirement has provided an effective means of ensuring that the information regarding the permitted distribution of the fruit is apparent to enforcement personnel, distributors, and consumers. Recently, regulated entities have informed us that the existing inventory of bags marked only with the limited distribution statement has not yet been depleted. They have requested an additional 2 years to use their remaining inventory. Given that the provisions allowing the use of the existing bags have been working successfully, this interim rule extends the temporary exception until August 1, 2010, to allow for the depletion of the existing inventory of such bags. This action maintains the current safeguards against the movement of regulated fruit to commercial citrus-producing States. Because this exception will eventually expire, when regulated entities deplete their existing inventory of bags marked only with the limited distribution statement, they will replenish their inventory with bags marked with both the limited permit statement and the limited distribution statement, thus making clear under whose authority the distribution of the fruit to commercial citrus-producing States is prohibited. Immediate Action This rule extends until August 1, 2010, a temporary exception that is scheduled to end on August 1, 2008. That exception allows fruit to be packed for interstate movement in bags if those bags are clearly marked with the limited distribution statement and if those bags are then packed in a container that is marked with both the limited permit statement and the limited distribution statement. Immediate action is warranted to alleviate what would otherwise be the negative economic effects on citrus packers who would have no practical option to comply with the regulations other than destroying their current inventory of bags pre-marked with the limited distribution statement and having replacement bags printed with both the limited permit and limited distribution statements. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This interim 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 accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. We are amending the regulations to extend the temporary exception that allows fruit to be packed for interstate movement in bags that are clearly marked with only a limited distribution statement, if those bags are then packed in a box that is marked with both the limited distribution statement and the statement “Limited Permit: USDA-APHIS-PPQ.” We are extending the ending date for this temporary exemption from August 1, 2008, to August 1, 2010. This action provides for the continued use of existing inventories of bags in which regulated fruit are packed while maintaining safeguards against the movement of regulated fruit to commercial citrus-producing States. APHIS has determined that displaying the limited permit language on boxes or other containers containing fruit for interstate movement is a sufficient mitigation for controlling the distribution of this fruit for the interstate market. Since the final rule became effective on November 19, 2007, there have been no instances where bags of fruit have been unloaded from the boxes in which they were shipped and distributed prior to the final point of sale. Additionally, the inventory of bags that had been printed prior to the November 19, 2007, final rule continues to be significant. The value of the current inventory of bags, in combination with the projected costs of printing new bags with the limited permit statement, has been estimated by industry to be up to $6 million. APHIS has determined that the adverse economic impact associated with having packers print new bags in order to comply with the regulations is not warranted. The current inventory of bags printed with the limited distribution statement, but not the limited permit statement, is expected to be depleted by August 1, 2010. APHIS does not believe small entities will be subject to significant economic impacts as a result of this interim rule, as its effect is to allow regulated entities to continue their current packing process. However, if the ending date of the exception was not extended, entities affected by the interim rule would not be able to deplete any current inventory of bags they may possess. 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 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and 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 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 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). § 301.75-7 [Amended] 2. In § 301.75-7, paragraph (a)(5)(ii) is amended by removing the word “2008” and adding the word “2010” in its place. Done in Washington, DC, this 28th day of July 2008. Cindy J. Smith, Administrator, Animal and Plant Health Inspection Service. [FR Doc. E8-17592 Filed 7-30-08; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1000 [Docket No. AMS-DA-07-0026; AO-14-A77, et al.; DA-07-02-A] Milk in the Northeast and Other Marketing Areas; Interim Order Amending the Orders AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule. SUMMARY: This order amends the manufacturing cost allowances and the butterfat yield factor used in the Class III and Class IV product-price formulas applicable to all Federal milk marketing orders. More than the required producers approved the issuance of the interim order as amended. DATES: *Effective Date:* September 1, 2008. FOR FURTHER INFORMATION CONTACT: Jack Rower, Marketing Specialist, USDA/AMS/Dairy Programs, Order Formulation and Enforcement Branches, STOP 0231-Room 2971, 1400 Independence Avenue, SW., Washington, DC 20250-0231,

(202)720-2357, e-mail address: *jack.rower@usda.gov.* SUPPLEMENTARY INFORMATION: This decision adopts provisions to amend the manufacturing

(make)allowances for cheese, butter, nonfat dry milk

(NFDM)and dry whey powder contained in the Class III and Class IV product-price formulas. Specifically, this decision adopts the following make allowances: cheese—$0.2003 per pound; butter—$0.1715 per pound; NFDM—$0.1678 per pound; and dry whey—$0.1991 per pound. This decision also increases the butterfat yield factor in the butterfat price formula from 1.20 to 1.211. This administrative rule is governed by the provisions of Sections 556 and 557 of Title 5 of the United States Code and, therefore, is excluded from the requirements of Executive Order 12866. This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a 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 Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674) (AMAA), provides that administrative proceedings must be exhausted before parties may file suit in court. Under Section 608c(15)(A) of the AMAA, any handler subject to an order may request modification or exemption from such order by filing with the Department of Agriculture

(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 the law. A handler is afforded the opportunity for a hearing on the petition. After a hearing, the Department would rule on the petition. The AMAA provides that the district court of the United States in any district in which the handler is an inhabitant, or has its principal place of business, has jurisdiction in equity to review the Department's ruling on the petition, provided a bill in equity is filed not later than 20 days after the date of the entry of the ruling. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), the Agricultural Marketing Service has considered the economic impact of this action on small entities and has certified that this interim rule will not have a significant economic impact on a substantial number of small entities. For the purpose of the Regulatory Flexibility Act, a dairy farm is considered a small business if it has an annual gross revenue of less than $750,000, and a dairy products manufacturer is a small business if it has fewer than 500 employees. For the purposes of determining which dairy farms are small businesses, the $750,000 per year criterion was used to establish a marketing guideline of 500,000 pounds per month. Although this guideline does not factor in additional monies that may be received by dairy producers, it should be an inclusive standard for most “small” dairy farmers. For purposes of determining a handler's size, if the plant is part of a larger company operating multiple plants that collectively exceed the 500-employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees. During February 2007, the month the initial public hearing was held, the milk of 49,712 dairy farmers was pooled on the Federal order system. Of the total, 46,729 dairy farmers, or 94 percent, were considered small businesses. During the same month, 352 plants were regulated by or reported their milk receipts to be pooled and priced on a Federal order. Of the total, 186 plants, or 53 percent, were considered small businesses. This interim final rule amends all orders by changing the make allowances contained in the formulas used to compute component prices and the minimum class prices in all Federal milk orders. Specifically, the make allowance for butter increases from $0.1202 to $0.1715 per pound; the make allowance for cheese increases from $0.1682 to $0.2003 per pound; the make allowance for NFDM increases from $0.1570 to $0.1678 per pound; and the make allowance for dry whey increases from $0.1956 to $0.1991 per pound. The butterfat yield factor in the butterfat price formulas is increased from 1.20 to 1.211. The adoption of these new make allowances serves to approximate the average cost of producing cheese, butter, NFDM and dry whey for manufacturing plants located in Federal milk marketing areas. The established criteria for the make allowance changes are applied in an identical fashion to both large and small businesses and will not have any different impact on those businesses producing manufactured milk products. An economic analysis has been performed that discusses impacts of the amendments on industry participants including producers and manufacturers. It can be found on the AMS Dairy Web site at *http://www.ams.usda.gov/dairy.* Based on the economic analysis, we have concluded that the amendments will not have a significant economic impact on a substantial number of small entities. The Agricultural Marketing Service

(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. This interim final rule does not require additional information collection that needs clearance by the Office of Management and Budget

(OMB)beyond currently approved information collection. The primary sources of data used to complete the forms are routinely used in most business transactions. Forms require only a minimal amount of information that can be supplied without data processing equipment or a trained statistical staff. Thus, the information collection and reporting burden is relatively small. Requiring the same reports for all handlers does not significantly disadvantage any handler that is smaller than the industry average. Prior Documents in This Proceeding *Notice of Hearing:* Issued February 5, 2007; published February 9, 2007 (72 FR 6179). *Supplemental Notice of Hearing:* Issued February 14, 2007; published February 20, 2007 (72 FR 7753). *Notice to Reconvene Hearing:* Issued March 15, 2007; published March 21, 2007 (72 FR 13219). *Notice to Reconvene Hearing:* Issued May 2, 2007; published May 8, 2007 (72 FR 25986). *Tentative Partial Final Decision:* Issued June 16, 2008; published June 20, 2008 (73 FR 35306). Findings and Determinations The findings and determinations hereinafter set forth supplement those that were made when the Northeast and other orders were first issued and when they were amended. The previous findings and determinations are hereby ratified and confirmed, except where they may conflict with those set forth herein. The following findings are hereby made with respect to the Northeast and other marketing orders:

(a)*Findings upon the basis of the hearing record.* A public hearing was held upon certain proposed amendments to the tentative marketing agreements and to the orders regulating the handling of milk in the Northeast and other marketing areas. The hearing was held pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and the applicable rules of practice and procedure (7 CFR part 900). Upon the basis of the evidence introduced at such hearing and the record thereof, it is found that:

(1)The said orders as hereby amended, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act;

(2)The parity prices of milk, as determined pursuant to section 2 of the Act, are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions which affect market supply and demand for milk in the aforesaid marketing areas. The minimum prices specified in the orders as hereby amended on an interim basis, are such prices as will reflect the aforesaid factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest; and

(3)The said orders, as hereby amended on an interim basis, regulate the handling of milk in the same manner as, and is applicable only to persons in the respective classes of industrial or commercial activity specified in, a marketing agreement upon which a hearing has been held.

(b)*Additional Findings.* It is necessary and in the public interest to make these interim amendments to the Northeast and other orders effective [insert effective date]. Any delay beyond that date would tend to disrupt the orderly marketing of milk in the aforesaid marketing areas. The interim amendments to this order are known to handlers. The tentative partial decision containing the proposed amendments to this order was issued on June 16, 2008. The changes that result from these interim amendments will not require extensive preparation or substantial alteration in the method of operation for handlers. In view of the foregoing, it is hereby found and determined that good cause exists for making these interim amendments effective on [insert effective date]. *Determinations.* It is hereby determined that:

(1)The refusal or failure of handlers (excluding cooperative associations specified in Section 8c(9) of the Act) of more than 50 percent of the milk, which is marketed within the specified marketing areas, to sign a proposed marketing agreement, tends to prevent the effectuation of the declared policy of the Act;

(2)The issuance of this interim order amending the Northeast and other marketing orders is the only practical means pursuant to the declared policy of the Act of advancing the interests of producers as defined in the orders as hereby amended;

(3)The issuance of the interim orders amending the Northeast and other orders is favored by at least two-thirds of the producers who were engaged in the production of milk for sale in the respective marketing areas. Order Relative to Handling *It is therefore ordered,* that on and after the effective date hereof, the handling of milk in the Northeast and other marketing areas shall be in conformity to and in compliance with the terms and conditions of the orders, as amended, and as hereby amended, as follows: List of Subjects in 7 CFR Part 1000 Milk marketing orders. For the reasons set forth in the preamble, the Agricultural Marketing Service amends Chapter X of Title 7 of the Code of Federal Regulations as follows: PART 1000—GENERAL PROVISIONS OF FEDERAL MILK MARKETING ORDERS 1. The authority citation for 7 CFR part 1000 continues to read as follows: Authority: 7 U.S.C. 601-674, and 7253. 2. Section 1000.50 is amended by: A. Revising paragraph (l); B. Revising paragraph (m); C. Revising paragraph (n)(2); D. Revising paragraph (n)(3)(i); E. Revising paragraph (o); and F. Revising paragraph (q)(3). The revisions read as follows: § 1000.50 Class prices, component prices, and advanced pricing factors.

(l)*Butterfat price.* The butterfat price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS AA Butter survey price reported by the Department for the month, less 17.15 cents, with the result multiplied by 1.211.

(m)*Nonfat solids price.* The nonfat solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS nonfat dry milk survey price reported by the Department for the month, less 16.78 cents and multiplying the result by 0.99.

(n)* * *

(2)Subtract 20.03 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.383;

(3)* * *

(i)Subtract 20.03 cents from the price computed pursuant to paragraph (n)(1) of this section and multiply the result by 1.572; and

(o)*Other solids price.* The other solids price per pound, rounded to the nearest one-hundredth cent, shall be the U.S. average NASS dry whey survey price reported by the Department for the month minus 19.91 cents, with the result multiplied by 1.03.

(q)* * *

(3)An advanced butterfat price per pound rounded to the nearest one-hundredth cent, shall be calculated by computing a weighted average of the 2 most recent U.S. average NASS AA Butter survey prices announced before the 24th day of the month, subtracting 17.15 cents from this average, and multiplying the result by 1.211. Dated: July 25, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 08-1482 Filed 7-28-08; 8:45 am]

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