Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-07-16.xml --- 75 136 Friday, July 16, 2010 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Sorghum Promotion and Research Program: Procedures for the Conduct of Referenda, 41392-41397 2010-17272 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Foreign Agricultural Service Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings:

National Conversation on Public Health and Chemical Exposures Leadership Council; Teleconference, 41505 2010-17357 Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41487-41488 2010-17181 Medicare and Medicaid Programs: Approval of the Community Health Accreditation Program for Continued Deeming Authority for Hospices, 41503-41505 2010-17405 Coast Guard Coast Guard RULES Safety Zones: Fireworks Display, Potomac River, Charles County, MD, 41376-41379 2010-17342 Special Local Regulations for Marine Events:

Port Huron to Mackinac Island Sail Race, 41373-41376 2010-17339 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Additions to and Deletion from the Procurement List, 41449-41451 2010-17412 Proposed Additions to and Deletion From the Procurement List, 41451 2010-17413 Commodity Commodity Credit Corporation RULES Dairy Product Price Support Program and Dairy Indemnity Payment Program, 41365-41368 2010-17409 PROPOSED RULES Asparagus Revenue Market Loss Assistance Payment Program, 41397-41404 2010-17407 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41573-41575 2010-17329 Consumer Consumer Product Safety Commission NOTICES Hearings: Commission Agenda and Priorities for Fiscal Year 2012, 41451-41452 2010-17397 Council Council on Environmental Quality NOTICES Draft Guidance; Availability: Federal Greenhouse Gas Accounting and Reporting, 41452 2010-17352 Defense Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Federal Acquisition Regulations; Reporting Purchases from Sources Outside United States, 41486 2010-17362 Termination Settlement Proposal Forms - FAR, 41486-41487 2010-17366 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-17410 41453-41454 2010-17411 Election Election Assistance Commission NOTICES Publication of State Plan Pursuant to the Help America Vote Act, 41454-41482 2010-17419 Employee Employee Benefits Security Administration RULES Reasonable Contract or Arrangement Under Section 408(b)(2):

Fee Disclosure, 41600-41638 2010-16768 Employment Employment and Training Administration NOTICES Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance: Delphi Corp., et al., Flint, MI, 2010-17384 41521-41522 2010-17385 Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance: Cranston Print Works Co., Webster Division, Webster, MA, et al., 41524 2010-17379 Delphi Corp., et al., Flint, MI, 41523 2010-17380 Hewlett Packard, Technical Support Call Center, et al., Boise, ID, 41522 2010-17388 Horton Archery, LLC, Tallmadge, OH, 41524 2010-17381 Novell, Inc., Provo, UT, 41522-41523 2010-17387 Paris Accessories, Inc., New Smithville and Allentown, PA, 41523 2010-17386 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 41524-41528 2010-17383 Investigations Regarding Certifications of Eligibility for Worker Adjustment Assistance, 41528-41529 2010-17389 Negative Determinations Regarding Applications for Reconsideration:

Stimson Lumber Co., Clatskanie, OR, 41529 2010-17390 Revised Termination of Investigation: Hewlett-Packard, et al., Milford, MI, 41531 2010-17382 Energy Energy Department PROPOSED RULES Energy Priorities and Allocations System Regulations, 41405-41421 2010-17289 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Proposed Beluga to Fairbanks

(B2F)Natural Gas Transportation Pipeline; Withdrawal, 41452-41453 2010-17321 EPA Environmental Protection Agency RULES Finding of Attainment for PM10 for the Mendenhall Valley PM10 Nonattainment Area, Alaska, 41379-41381 2010-17417 PROPOSED RULES Compliance Recertification Applications; Completions: Department of Energy Waste Isolation Pilot Plant, 41421-41424 2010-17141 Finding of Attainment for PM10 for the Mendenhall Valley PM10 Nonattainment Area, Alaska, 41421 2010-17416 NOTICES Cancellation Order for Certain Pesticide Registrations: Methyl Parathion, 41482-41483 2010-17404 Environmental Impact Statements: Weekly Receipt, 41483-41484 2010-17406 Registration Review Proposed Decision; Availability: Methyl Parathion, 41484-41485 2010-17403 Environmental Quality Council See Council on Environmental Quality Executive Office of the President See Council on Environmental Quality Farm Farm Service Agency RULES Dairy Product Price Support Program and Dairy Indemnity Payment Program, 41365-41368 2010-17409 PROPOSED RULES Emergency Conservation Program, 41389-41392 2010-16755 FCC Federal Communications Commission RULES Private Land Mobile Radio Services, 41381-41383 2010-17422 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41573-41575 2010-17329 Updated Listing of Financial Institutions in Liquidation, 41485-41486 2010-17394 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: California, 41507-41508 2010-17374 New York, 41507-41508 2010-17377 2010-17401 Oklahoma, 41508-41509 2010-17415 Virginia, 41509 2010-17414 West Virginia, 2010-17375 41508-41509 2010-17376 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41573-41575 2010-17329 Food Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Draft Guidance for Tobacco Retailers on Tobacco Retailer Training Programs, 41498-41500 2010-17312 Foreign Foreign Agricultural Service NOTICES Trade Adjustment Assistance for Farmers, 2010-17336 2010-17337 2010-17341 41430-41435 2010-17343 2010-17344 2010-17345 2010-17346 2010-17347 2010-17348 2010-17349 2010-17350 2010-17351 2010-17353 2010-17354 GSA General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Reporting Purchases from Sources Outside United States, 41486 2010-17362 Termination Settlement Proposal Forms - FAR, 41486-41487 2010-17366 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services 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 Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CIS Ombudsman Case Problem Submission Worksheet, DHS Form 7001 and Virtual Ombudsman System, 41506-41507 2010-17332 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals LOCCS Voice Response System Payment Vouchers for Public and Indian Housing Programs, 41509-41510 2010-17441 Federal Property Suitable as Facilities to Assist the Homeless, 41510 2010-17059 Mortgage and Loan Insurance Programs Under National Housing Act: Debenture Interest Rates, 41510-41511 2010-17440 Indian Indian Affairs Bureau NOTICES Match-E-Be-Nash-She-Wish (Gun Lake) Tribe Liquor Control Ordinance, 41518-41520 2010-17363 Industry Industry and Security Bureau NOTICES Meetings: Emerging Technology and Research Advisory Committee, 41439-41440 2010-17398 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Court Decisions Not in Harmony with Final Results of Administrative Review: Ball Bearings and Parts Thereof from Germany, 41435-41436 2010-17427 Extension of Time Limits for the Final Results of the 2008-2009 Antidumping Duty Administrative Review: Stainless Steel Bar from India, 41438 2010-17423 Extension of Time Limits for the Preliminary Results of Antidumping Duty Administrative Review: Lightweight Thermal Paper from Germany, 41439 2010-17426 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Alaska Native Claims Selections: Decision Approving Lands for Conveyance, 41511-41512 2010-17238 Environmental Impact Statements; Availability, etc.: Cortez Hills Expansion Project, Lander County, NV, 41516-41517 2010-17420 Greater Natural Buttes Area Gas Development Project, Uintah County, Utah, 41514-41516 2010-17268 Proposed North Steens Transmission Line Project in Harney County, OR, 41514 2010-17239 Proposed Over The River Art Project, Colorado, 41517-41518 2010-17245 Proposed Reinstatement of Terminated Oil and Gas Lease: NMLC 066147, New Mexico, 41520 2010-17421 Wyoming, 41521 2010-17418 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 41538 2010-17543 Mine Mine Safety and Health Administration NOTICES Petitions for Modification, 41529-41530 2010-17323 Petitions for Modification; Correction, 41530-41531 2010-17322 Solicitations for New Grant Applications: Brookwood-Sago Mine Safety, 41531-41538 2010-17395 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Reporting Purchases from Sources Outside United States, 41486 2010-17362 Termination Settlement Proposal Forms - FAR, 41486-41487 2010-17366 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 41539 2010-17578 Privacy Act; Systems of Records, 41539-41551 2010-17330 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 41551-41553 2010-17408 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms, and Record Keeping Requirements, 41565-41572 2010-17364 NIH National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 41501-41503 2010-17428 2010-17430 Meetings: Center for Scientific Review, 41505-41506 2010-17433 National Institute of Environmental Health Sciences, 41505-41506 2010-17432 2010-17431 NOAA National Oceanic and Atmospheric Administration RULES Magnuson-Stevens Act Provisions; Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Inseason Adjustments to Fishery Management Measures, 41383-41388 2010-17435 PROPOSED RULES Fisheries of Exclusive Economic Zone Off Alaska: Skates Management in Groundfish Fisheries of Bering Sea and Aleutian Islands; Annual Catch Limits, 41424-41429 2010-17436 NOTICES Availability of Grant Funds for Fiscal Year 2011, 41640-41683 2010-17294 Endangered and Threatened Wildlife: 90-Day Finding on a Petition to Revise Critical Habitat for the Endangered Leatherback Sea Turtle, etc., 41436-41438 2010-17531 Takes of Marine Mammals Incidental to Specified Activities: Operation and Maintenance of a Liquefied Natural Gas Facility off Massachusetts, 41440-41449 2010-17434 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Ross Lake National Recreation Area; Skagit and Whatcom Counties, WA, 41512-41514 2010-17327 Meetings: Chesapeake and Ohio Canal National Historical Park Advisory Commission, 41520 2010-17325 Nuclear Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: NUHOMS-7 HD Revision 1; Withdrawal, 41369-41370 2010-17425 Public Records, 41368-41369 2010-17372 PROPOSED RULES List of Approved Spent Fuel Storage Casks: NUHOMS HD Revision 1; Withdrawal, 41404-41405 2010-17424 NOTICES Report to Congress on Abnormal Occurrences: Dissemination of Information; Fiscal Year (2009), 41553-41556 2010-17373 Occupational Occupational Safety and Health Review Commission RULES Regulations Implementing the Freedom of Information Act, 41370-41373 2010-17369 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41435 2010-17367 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Correction, 41556 2010-17370 Presidential Presidential Documents ADMINISTRATIVE ORDERS HIV/AIDS Strategy, National; implementation (Memorandum of July 13, 2010), 41685-41689 2010-17620 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41557 2010-17365 2010-17368 SEC Securities and Exchange Commission NOTICES Orders of Suspension of Trading: E-Sync Networks, Inc., 41559-41560 2010-17495 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 41562-41564 2010-17356 NYSE Amex LLC, 41560-41561 2010-17355 SBA Small Business Administration NOTICES Disaster Declarations: California, 41558 2010-17391 Montana, 41557-41558 2010-17378 New York, 41558 2010-17393 2010-17396 Virginia, 41559 2010-17392 Surrender of License of Small Business Investment Company, 41559 2010-17318 2010-17319 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41488-41498 2010-17358 2010-17400 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41573-41575 2010-17329 Transportation Transportation Department See National Highway Traffic Safety Administration RULES Submitting Airline Data via the Internet, 41580-41597 2010-16637 NOTICES Applications for Certificates of Public Convenience and Necessity, etc., 41564-41565 2010-17360 Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41572-41573 2010-17399 Valles Caldera Valles Caldera Trust NOTICES Environmental Impact Statements; Availability, etc.: Valles Caldera National Preserve Landscape Restoration and Management Plan, 41575-41577 2010-17371 Veterans Veterans Affairs Department NOTICES Meetings: VBA/VHA Musculoskeletal Forum; Improving VA's Disability Evaluation Criteria, 41577 2010-17320 Separate Parts In This Issue Part II Transportation Department, 41580-41597 2010-16637 Part III Labor Department, Employee Benefits Security Administration, 41600-41638 2010-16768 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 41640-41683 2010-17294 Reader Aids Consult the Reader Aids section at the end of this page 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. 75 136 Friday, July 16, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 760 Commodity Credit Corporation 7 CFR Part 1430 RIN 0560-AH88 Dairy Product Price Support Program and Dairy Indemnity Payment Program AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: This rule specifies regulations for the Dairy Product Price Support Program (DPPSP), which has replaced the Price Support Program for Milk, and amends regulations for the Dairy Indemnity Payment Program (DIPP). The two programs are authorized by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill) through 2012. The DPPSP supports the price of cheddar cheese, butter, and nonfat dry milk by providing a standing offer from Commodity Credit Corporation

(CCC)to purchase those products at specific support prices. This rule specifies the minimum price support levels for cheddar cheese, butter, and nonfat dry milk. This rule also specifies the minimum price at which CCC may sell dairy products from inventory. DIPP indemnifies dairy farmers and manufacturers of dairy products for losses suffered due to contamination of milk and milk products. This rule extends DIPP through 2012 and amends the method through which DIPP payments will be disbursed in the event that available appropriated funds are insufficient to pay all claims. That method is changing from a pro rata method to a first-come, first-paid basis. DATES: *Effective Date:* July 16, 2010. FOR FURTHER INFORMATION CONTACT: *For Dairy Product Price Support Program:* Milton Madison, Dairy and Sweeteners Analysis Group, Economic Policy and Analysis Staff, Farm Service Agency (FSA), U.S. Department of Agriculture (USDA), Mail Stop 0516, 1400 Independence Ave., SW., Washington, DC 20250-0516; *phone:*

(202)690-0050; *fax:*

(202)690-1480, or *e-mail: Milton.madison@wdc.usda.gov.* *For Dairy Indemnity Payment Program:* Danielle Cooke, Special Programs Manager, Price Support Division, FSA, USDA, Mail Stop 0512, 1400 Independence Ave., SW., Washington, DC, 20250-0512; phone

(202)720-1919; fax

(202)690-1536; or *e-mail: Danielle.Cooke@wdc.usda.gov.* Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background The 2008 Farm Bill (Pub. L. 110-246) requires amendments to the regulations for the Dairy Product Price Support Program as authorized, and DIPP as reauthorized and extended through 2012. The changes for each of the programs are explained below. Dairy Product Price Support Section 1501 of the 2008 Farm Bill (7 U.S.C. 8771) authorizes the Dairy Product Price Support Program, completely replacing the Price Support Program for Milk. The 2008 Farm Bill does not fundamentally change the basic structure or goals of the previous program, which required CCC to support milk prices through the purchase of dairy products. The 2008 Farm Bill specifies the minimum CCC purchase prices for cheddar cheese, butter, and nonfat dry milk; previously only the support price for milk was specified. The 2008 Farm Bill also includes new provisions that CCC is implementing in this rule to reduce the dairy product purchase prices if CCC purchases exceed certain threshold quantities. Those threshold quantities specified in the 2008 Farm Bill are sufficiently large that it is unlikely the minimum support prices will be impacted. This rule in 7 CFR part 1430, subpart A, specifies rules for the DPPSP consistent with the 2008 Farm Bill and with current purchase requirements of the agency in the wake of the new and mandatory legislation. This rule provides a definition of “net removals” of dairy products from the market through the Dairy Product Price Support Program and the Dairy Export Incentive Program (authorized in 15 U.S.C. 713a-14). Section 1501 of the 2008 Farm Bill, which specifies how net removals are calculated, is the basis for the definition. CCC uses the amount of net removals during a 12 month period to determine whether CCC purchases have exceeded the threshold quantities for reduced support prices. The definition is consistent with the definition USDA uses in the monthly World Agricultural Supply and Demand Estimates (WASDE) report on the milk market. The requirements for dairy products to be eligible for CCC purchase, specified in § 1430.102, “Eligible Products,” are similar to the requirements in the regulations for the previous Price Support Program for Milk. The eligibility requirements have been reorganized for clarity. A definition of “eligible offeror” is added by this rule. The term “eligible offeror” is used in the current regulations but is not defined; this rule adds a definition that clarifies the eligible types of persons or legal entities who may sell dairy products to CCC. To be eligible, the offeror must be the manufacturer of the commodity offered or a marketing cooperative for the manufacturer. The definition of “eligible offeror” is a discretionary change; all other provisions in this rule for the Dairy Product Price Support Program are required by the 2008 Farm Bill or were established for the previous Price Support Program for Milk. This rule implements the 2008 Farm Bill dairy product purchase prices in § 1430.103, “Purchase Prices.” The prices specified in this regulation are minimum support prices; they are specified using the “not less than X cents per pound” language from the 2008 Farm Bill. The minimum purchase prices are the same as the purchase prices CCC established under the Price Support Program for Milk, so the new purchase price requirements will have little effect on the extent of dairy price support or on program administration unless the purchase prices are set above the minimums. The 2008 Farm Bill requires the Secretary of Agriculture to pay uniform prices for dairy products across the United States. Therefore, the support price for each type of dairy product applies to all regions of the United States. As required by the 2008 Farm Bill, this rule specifies purchase threshold quantities, which, if exceeded, would decrease the minimum allowable CCC purchase prices for dairy products. As explained below, these purchase threshold quantities are very large and are unlikely to be exceeded, so the lower support prices are unlikely to ever be permitted. As specified in the 2008 Farm Bill and in this rule, if CCC cheddar cheese purchases over a 12 month period, less unrestricted sales by CCC, exceed 200 million pounds, but do not exceed 400 million pounds, then the purchase price may be reduced by 10 cents per pound during the immediately following month. If the cheese purchases, less unrestricted sales, exceed 400 million pounds, then the purchase price may be reduced by 20 cents per pound during the immediately following month. The largest CCC total fiscal year

(FY)annual cheese purchase in the last 10 years was 42 million pounds in FY 2003. Cheese purchases by CCC have not exceeded 200 million pounds since FY 1988. If CCC butter purchases over a 12 month period, less unrestricted sales, exceed 450 million pounds, but not more than 650 million pounds, then the purchase price may be reduced 10 cents per pound during the immediately following month. If the butter purchases, less unrestricted sales, exceed 650 million pounds, then the purchase price may be reduced by 20 cents per pound during the immediately following month. The highest CCC total fiscal year butter purchase in the last 10 years was 12 million pounds in FY 2003. Butter purchases by CCC have not exceeded the minimum purchase threshold of 450 million pounds since FY 1992. If CCC nonfat dry milk purchases over a 12 month period, less unrestricted sales, exceed 600 million pounds, but not more than 800 million pounds, then the purchase price may be reduced 5 cents per pound during the immediately following month. If the nonfat dry milk purchases, less unrestricted sales, exceed 800 million pounds, then the purchase price may be reduced by 10 cents per pound during the immediately following month. The largest nonfat dry milk CCC purchase in the past 10 years was 656 million pounds in FY 2002, which slightly exceeded the minimum purchase threshold. Section 1430.103(b) provides that CCC may offer to purchase cheddar cheese, butter, fortified nonfat dried milk, or fortified instant nonfat dry milk in consumer-sized ready-to-consume packages at a premium to the purchase prices for cheddar cheese, butter, and nonfat dry milk announced in accordance with § 1430.103(a). Any funds expended to buy products processed into such packages in excess of the announced price for the cheddar cheese, butter, and nonfat dry milk would not be considered a price support expense and would have to be apportioned under section 416(a) of the Agricultural Adjustment Act of 1949. Section 1430.103(c) provides that CCC may offer to purchase block and barrel cheddar cheese with a lower moisture content than is specified in § 1430.102(c), as evidenced by the grading certificate, at a higher price than is announced in accordance with § 1430.103(a). The formula for determining the premium price for lower moisture cheddar cheese would be specified in the CCC purchase announcement. Although a similar provision did not appear in the Price Support Program for Milk regulations, the former regulation provided that CCC purchases were subject to purchase announcements and those announcements did allow for low moisture purchases and price adjustments. Section 1430.104, “Sales from Inventories,” implements the requirement in the 2008 Farm Bill that CCC may not sell its dairy product inventory for unrestricted use at less than 110 percent of CCC's purchase price. The CCC purchase price used in this calculation is the support price before the price was reduced for any purchase quantity thresholds. Section 1430.104 also specifies that CCC may sell its dairy product inventory for restricted use, which is more common than sales for unrestricted use, at an unspecified price. CCC conducts restricted use sales from time to time, such as sales for casein manufacturing or livestock feed use. In addition to the changes discussed above, this rule reorganizes 7 CFR part 1430 for clarity, but the remaining provisions are substantially similar to those for the previous program. Dairy Indemnity Payment Program The purpose of DIPP is to indemnify dairy farmers and manufacturers of dairy products who, through no fault of their own, suffer income losses with respect to milk or milk products that were removed from commercial markets because such milk or milk products contained certain harmful pesticide residues, chemicals, or toxic substances, or were contaminated by nuclear radiation or fallout. Section 1505 of the 2008 Farm Bill amends 7 U.S.C. 450l to extend DIPP authorization through 2012, without changing any provisions of the program. This rule amends 7 CFR part 760, subpart A, to reflect the extension by updating the authority citation using the U.S. Code citation. This rule is changing the method by which DIPP funds will be distributed if the available appropriated funds are not sufficient to pay all claims. This is a discretionary change; it is not required by the 2008 Farm Bill. This change will allow payments to be made as claims arise by implementing a “first-come, first-paid” system. This will provide enhanced relief over the alternative of delaying all claims to the end of the year to determine whether the demand will exceed the supply of funds, requiring pro-rated partial payments. If the funds are not sufficient to pay all claims, Congress would need to determine whether to enhance the appropriation for later years. The alternative method of pro-rating claims based on available funding would likely result in no one receiving immediate payment even though in most years the funds are sufficient to cover all claims. The adoption of a first-come, first-paid basis should be in keeping with the general nature and history of the program. Also, section 1601(c)(2) of the 2008 Farm Bill exempts this rule from Paperwork Reduction Act (44 U.S.C. Chapter 35) requirements, therefore, this rule removes § 760.34 that specified the OMB control number for the previous information collection approval. Notice and Comment These regulations are exempt from the notice and comment requirements of the Administrative Procedures Act (5 U.S.C. 553), as specified in section 1601(c) of the 2008 Farm Bill, which requires that the regulations be promulgated and administered without regard to the notice and comment provisions of 5 U.S.C. 553 or the Statement of Policy of the Secretary of Agriculture effective July 24, 1971, (36 FR 13804) relating to notices of proposed rulemaking and public participation in rulemaking. Therefore, these regulations are made effective by this rule without a prior proposed rule or prior public comment. Executive Order 12866 The Office of Management and Budget

(OMB)designated this rule as not significant under Executive Order 12866 and therefore this rule has not been reviewed by OMB. Regulatory Flexibility Act This rule is not subject to the Regulatory Flexibility Act because USDA is not required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for this rule. Environmental Review The environmental impacts of this rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and FSA regulations for compliance with NEPA (7 CFR part 799). The changes required by the 2008 Farm Bill that are identified in this rule do not change the structure or goals of the program and can be considered administrative in nature. Therefore, FSA has determined that NEPA does not apply to this final rule and no environment assessment or environmental impact statement will be prepared. Executive Order 12372 This program is not subject to Executive Order 12372, which requires consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published in the Federal Register on June 24, 1983 (48 FR 29115). Executive Order 12988 This rule has been reviewed under Executive Order 12988. This rule is not retroactive and it does not preempt State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. Before any judicial action may be brought regarding the provisions of this rule the administrative appeal provisions of 7 CFR parts 11 and 780 must be exhausted. Executive Order 13132 The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 The policies contained in this rule do not have tribal implications that preempt tribal law. Unfunded Mandates This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)for State, local, and tribal government or the private sector. In addition, USDA was not required to publish a notice of proposed rulemaking for this rule. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Federal Assistance Programs The title and number of the Federal assistance program in the Catalog of Federal Domestic Assistance to which this final rule applies is 10.053—Dairy Indemnity Payments. Paperwork Reduction Act The regulations in this rule are exempt from the requirements of the Paperwork Reduction Act (44 U.S.C. Chapter 35), as specified in section 1601(c)(2) of the 2008 Farm Bill, which provides that these regulations be promulgated and administered without regard to the Paperwork Reduction Act. E-Government Act Compliance CCC and FSA are 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. List of Subjects 7 CFR Part 760 Dairy products, Indemnity payments, Pesticides and pests. 7 CFR Part 1430 Dairy products, Fraud, Penalties, Price support programs, Reporting and recordkeeping requirements. For the reasons discussed above, 7 CFR parts 760 and 1430 are amended as follows: PART 760—INDEMNITY PAYMENT PROGRAMS Subpart A—Dairy Indemnity Payment Program 1. Revise the authority citation for 7 CFR part 760, subpart A, to read as follows: Authority: 7 U.S.C. 450j-l. 2. Revise § 760.33 to read as follows: § 760.33 Availability of funds.

(a)Payment of indemnity claims will be contingent upon the availability of FSA funds to pay such claims. Claims will be, to the extent practicable within funding limits, paid from available funds, on a first-come, first-paid basis, based on the date FSA approves the application, until funds available in that fiscal year have been expended.

(b)DIPP claims received in a fiscal year after all available funds have been expended will not receive payment for such claims. § 760.34 [Removed] 3. Remove § 760.34. PART 1430—DAIRY PRODUCTS 4. Revise the authority citation for part 1430 to read as follows: Authority: 7 U.S.C. 7982, 8771, and 8773; and 15 U.S.C. 714b and 714c. 5. Revise 7 CFR part 1430, subpart A, to read as follows: Subpart A—Dairy Product Price Support Program Sec. 1430.100 Applicability. 1430.101 Definitions. 1430.102 Eligible products. 1430.103 Purchase prices. 1430.104 Sales from inventories. Subpart A—Dairy Product Price Support Program § 1430.100 Applicability. During the period beginning on January 1, 2008, and ending December 31, 2012, the Secretary of Agriculture will support the price of cheddar cheese, butter, and nonfat dry milk by providing a standing offer to purchase those products from eligible offerors. The products must be made from cow's milk produced in the United States. Purchases are subject to the terms and conditions in CCC's purchase announcements. § 1430.101 Definitions. For purposes of this subpart, the following definitions apply: *CCC* means the Commodity Credit Corporation, USDA. *Eligible offeror* means the person, firm, corporation, or other legal entity obligated by the purchase agreement with CCC. The product must not have been sold before to another party and the offeror must be the manufacturer of the dairy product offered or a marketing cooperative for the manufacturer. *Net removals* means, for a given period of time, the total dairy product purchased by CCC through the program in this subpart plus the quantity of the product exported through the Dairy Export Incentive Program (as authorized in 15 U.S.C. 713a-14), less the quantity sold by CCC for unrestricted use. § 1430.102 Eligible products.

(a)To be eligible for the program in this subpart, the products must be manufactured from dairy cow's milk produced in the United States, and must not have been previously owned by CCC. Dairy cow in this instance means an animal of the kind that produces the majority of dairy products in the United States and not, for example, cows of other species of animals such as yaks or oxen.

(b)Products will be purchased only from eligible offerors of the product, and only in carlot weights.

(c)The products purchased must be of the following grades and moisture content, as evidenced by USDA-issued inspection certificates:

(1)Block cheddar cheese must be U.S. Grade A or higher, and the moisture content must not exceed 38.5 percent;

(2)Barrel cheddar cheese must be U.S. Extra Grade, and the moisture content must not exceed 36.5 percent;

(3)Butter must be U.S. Grade A or higher;

(4)Nonfat dry milk must be U.S. Extra Grade, and the moisture content must not exceed 3.5 percent.

(d)CCC may require other terms and conditions of purchase, as specified in CCC's purchase announcement. § 1430.103 Purchase prices.

(a)CCC will offer to purchase products at the following prices for all regions of the United States:

(1)Cheddar cheese in blocks for not less than $1.13 per pound; unless

(i)Net removals of cheese for a period of 12 consecutive months exceed 200,000,000 pounds, but do not exceed 400,000,000 pounds, in which case the CCC block cheese purchase price will be not less than $1.03 per pound, during the immediately following month, or

(ii)Net removals of cheese for a period of 12 consecutive months exceed 400,000,000 pounds, in which case the CCC block cheese purchase price will be not less than $0.93 per pound during the immediately following month;

(2)Cheddar cheese in barrels for $0.03 per pound less than the cheddar cheese block price;

(3)Butter for not less than $1.05 per pound; unless

(i)Net removals of butter for a period of 12 consecutive months exceed 450,000,000 pounds, but do not exceed 650,000,000 pounds, in which case the CCC butter purchase price will be not less than $0.95 per pound during the immediately following month, or

(ii)Net removals of butter for a period of 12 consecutive months exceed 650,000,000 pounds, in which case the CCC butter purchase price will be not less than $0.85 per pound during the immediately following month; and

(4)Nonfat dry milk for not less than $0.80 per pound, unless

(i)Net removals of nonfat dry milk for a period of 12 consecutive months exceed 600,000,000 pounds, but do not exceed 800,000,000 pounds, in which case the CCC nonfat dry milk purchase price will be not less than $0.75 per pound during the immediately following month, or,

(ii)Net removals of nonfat dry milk for a period of 12 consecutive months exceed 800,000,000 pounds, in which case the CCC nonfat dry milk purchase price will be not less than $0.70 per pound during the immediately following month.

(b)CCC may offer to purchase cheddar cheese, butter, fortified nonfat dry milk, or fortified instant nonfat dry milk in consumer-sized ready-to-consume packages at a premium to the purchase prices for cheddar cheese, butter and nonfat dry milk specified in paragraph

(a)of this section. Any such offers will be made through CCC's purchase announcements, and such offers may be limited by quantity and to a specific time period.

(c)CCC may offer to purchase cheddar cheese with a lower moisture content than is specified in § 1430.102(c) at a premium to the prices specified in paragraph

(a)of this section. Any such offers will be made through CCC's purchase announcements, and such offers may be limited by quantity and to a specific time period. § 1430.104 Sales from inventories.

(a)CCC may sell any dairy product purchased as specified in this subpart for unrestricted use at the market price prevailing for that product at the time of sale, except that the sale price will not be less than 110 percent of the purchase price specified in § 1430.103(a), before any price reduction for the amount of CCC net removals of the dairy products.

(b)CCC may sell or distribute dairy products purchased under this section for restricted use when such sale is determined to maximize the return to CCC on its purchases. Signed in Washington, DC, on July 8, 2010. Jonathan W. Coppess, Administrator, Farm Service Agency, and Executive Vice President, Commodity Credit Corporation. [FR Doc. 2010-17409 Filed 7-15-10; 8:45 am]

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U.S. Code