Unknown. Final rule

4,221 words·~19 min read·/register/2012/02/03/2012-2382

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-2012-02-03.xml --- 77 23 Friday, February 3, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES Marketing Orders: Handling of Spearmint Oil Produced in Far West; Revision of Salable Quantity and Allotment Percentage, etc., 5385-5386 2012-2376 Revision of Cotton Futures Classification Procedures, 5379-5381 2012-2382 PROPOSED RULES National Organic Program, Draft Guidance: Accredited Certifying Agents, Certified Operations, and Non-Certified Handlers of Certified Organic Products, 5415-5416 2012-2377 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau PROPOSED RULES Federal Firearms License Proceedings - Hearings, 5460-5463 2012-2492 Animal Animal and Plant Health Inspection Service RULES Plum Pox Compensation, 5381-5385 2012-2448 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Importation of Animal and Poultry Products (Milk and Eggs) Into the U.S., 5480-5481 2012-2444 Special Need Requests Under the Plant Protection Act, 5481 2012-2445 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993: Institute of Electrical and Electronics Engineers, 5573 2012-2381 Portland Cement Association, 5573 2012-2383 Proposed Final Judgments: U.S. v. Grupo Bimbo, S.A.B. de C. V., et al., 5574-5576 2012-2332 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Ocean Energy Management Bureau of Ocean Energy Management NOTICES Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf, 5529-5545 2012-2496 Commercial Leasing for Wind Power Development on the Outer Continental Shelf Offshore Virginia, 5545-5552 2012-2516 Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Maryland;

Call for Nominations, 5552-5560 2012-2497 Environmental Assessments; Availability, etc.: Commercial Wind Lease Issuance and Site Assessment Activities on the Atlantic Outer Continental Shelf, 5560-5561 2012-2494 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Oil, Gas, and Sulphur Operations in the Outer Continental Shelf, 5561-5563 2012-2363 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5519-5520 2012-2413 Coast Guard Coast Guard RULES Drawbridge Operations: Upper Mississippi River, Rock Island, IL, 5398 2012-2387 Safety Zones: Atlantic Intracoastal Waterway, Vicinity of Marine Corps Base, Camp Lejeune, NC, 5398-5400 2012-2390 PROPOSED RULES Safety Zones: Annually Recurring Marine Events in Coast Guard Southeastern New England Captain of the Port Zone, 5463-5470 2012-2391 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commission Fine Commission of Fine Arts NOTICES Meetings:

Commission of Fine Arts, 5495 2012-2300 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Proposed Additions and Deletions, 5495-5496 2012-2415 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 5496 2012-2513 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5496-5498 2012-2367 2012-2368 Defense Department Defense Department See Navy Department Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 5498-5500 2012-2455 2012-2456 2012-2458 Employee Benefits Employee Benefits Security Administration RULES Reasonable Contract or Arrangement Under Section 408(b)(2) - Fee Disclosure, 5632-5659 2012-2262 Employment and Training Employment and Training Administration NOTICES Negative Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance: 2002 Reopened - Previously Denied Determinations, 5577 2012-2371 Revised Denied Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance: 2002 Reopened - Previously Denied Determinations, 5577 2012-2370 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Amendments to Virginia's Regulation Regarding the Sulfur Dioxide National Ambient Air Quality Standard, 5400-5403 2012-2334 PROPOSED RULES Consumer Confidence Report, Rule Retrospective Review, 5471-5472 2012-2025 NOTICES Certain New Chemicals; Receipt and Status Information, 5509-5512 2012-2440 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 5513 2012-2435 FY 2011 Service Contract Inventory; Availability, 5513-5514 2012-2446 Mandatory Reporting of Greenhouse Gases:

Preliminary Determinations Regarding Requests to Use Provisional Global Warming Potentials, 5514-5516 2012-2442 Project Waivers of the American Recovery and Reinvestment Act: Cuyahoga County Board of Health for the Bear Creek Restoration Project in Warrensville Heights, OH, etc., 5516-5518 2012-2438 Proposed Consent Decree, Clean Air Act Citizen Suit, 5518-5519 2012-2443 Equal Equal Employment Opportunity Commission RULES Recordkeeping and Reporting Requirements under Title VII, ADA, and GINA, 5396-5398 2012-2420 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

The Boeing Company Airplanes, 5386-5387 2012-2295 PROPOSED RULES Airworthiness Directives: Aeronautical Accessories Inc. High Landing Gear Aft Crosstube Assembly, 5420-5423 2012-2423 Bell Helicopter Textron Canada Limited Helicopters, 5425-5426 2012-2422 Bell Helicopter Textron Canada, Limited

(Bell)Helicopters, 5423-5424 2012-2427 Bell Helicopter Textron, Inc., Helicopters, 5427-5429 2012-2419 Sikorsky Aircraft Corp. Helicopters, 5418-5420 2012-2421 Proposed Modification of Class B Airspace Area: Atlanta, GA, 5429-5440 2012-2072 NOTICES Meetings: RTCA Special Committee 227, Standards of Navigation Performance, 5615-5616 2012-2487 Proposed Technical Standard Orders: Terrain Awareness and Warning System, 5616-5617 2012-2464 Federal Communications Federal Communications Commission RULES Amateur Radio Use of Allocation at 5 MHz, 5406-5413 2012-2477 NOTICES FY 2011 Service Contract Inventory and FY 2010 Service Contract Inventory Analysis; Availability, 5519 2012-2386 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: City of Hamilton, OH and American Municipal Power, Inc., 5501 2012-2384 Stuyvesant Falls Hydroelectric Project, 5502 2012-2380 Combined Filings, 5503 2012-2426 Environmental Assessments; Availability, etc.: Tres Palacios Gas Storage, LLC, Copano Plant Interconnect Project, 5504-5505 2012-2450 Environmental Impact Statements; Availability, etc.: Eagle Crest Energy Co. Eagle Mountain Pumped Storage Hydroelectric Project, 5505-5506 2012-2453 Preliminary Permit Applications: ORPC Maine, LLC, 5506-5507 2012-2452 2012-2454 Proposed Restricted Service Lists: Managing Properties Included in or Eligible for Inclusion in National Register of Historic Places, 5507-5508 2012-2379 Revocations of Market Based Rate Authority, 5508-5509 2012-2451 Technical Conferences: Dixie Pipeline Co. LLC, 5509 2012-2385 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action on Proposed Highway in Utah, 5617 2012-2428 Federal Transit Federal Transit Administration NOTICES Alternative Transportation in Parks and Public Lands Program: FY 2011 and Partial 2012 Project Selections, 5617-5627 2012-2260 Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Tehachapi Uplands Multiple Species Habitat Conservation Plan; Kern County, CA, 5564-5566 2012-2294 Food and Drug Food and Drug Administration NOTICES Meetings: Oncologic Drugs Advisory Committee, 5520-5521 2012-2462 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission; Codex Committee on Contaminants in Food, 5481-5483 2012-2439 Codex Alimentarius Commission; Codex Committee on Food Additives, 5483-5484 2012-2449 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department RULES Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity, 5662-5676 2012-2343 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Emergency Solutions Grants Program, 5523 2012-2488 Inspector Candidate Assessment Questionnaire, 5522-5523 2012-2469 Public Housing Agency 5-Year and Annual Plan, 5524-5525 2012-2481 Single Family Mortgage Insurance on Hawaiian Homelands, 5523-5524 2012-2484 Federal Property Suitable as Facilities to Assist the Homeless, 5525-5527 2012-2065 Funding Awards: Fiscal Year 2010 Sustainable Construction in Indian Country Small Grant Program, 5527 2012-2476 Indian Affairs Indian Affairs Bureau NOTICES Tribal-State Class III Gaming Compact, 5566 2012-2441 Industry Industry and Security Bureau RULES Export Administration Regulations Amendments: Addition of Reference to Provision of Iran Sanctions Act, etc., 5387-5389 2012-2465 Interior Interior Department See Bureau of Ocean Energy Management See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service NOTICES Meetings: National Commission on Indian Trust Administration and Reform, 5528 2012-2401 Trust Land Consolidation Draft Plan, 5528-5529 2012-2400 Internal Revenue Internal Revenue Service PROPOSED RULES Determination of Governmental Plan Status, 5442 2012-2499 Indian Tribal Government Plans, 5442-5443 2012-2502 Longevity Annuity Contracts, 5443-5454 2012-2340 Modifications to Minimum Present Value Requirements for Partial Annuity Distribution Options under Defined Benefit Pension Plans, 5454-5460 2012-2341 International Trade Adm International Trade Administration PROPOSED RULES Withdrawal of Regulations: Imports of Cotton Woven Fabric, Short Supply Procedures, 5440-5442 2012-2227 NOTICES Antidumping and Countervailing Duty Orders: Multilayered Wood Flooring from the People's Republic of China, 5484-5485 2012-2506 Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Lined Paper Products from India, 5486 2012-2508 Stainless Steel Bar from India, 5486-5487 2012-2480 Sunset Reviews, 5485-5486 2012-2219 Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 5487-5489 2012-2479 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings: Certain Muzzle-Loading Firearms and Components Thereof, 5568-5569 2012-2447 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division NOTICES Lodging of Settlement Agreements, 5569-5570 2012-2471 Lodgings of Consent Decrees under the Clean Water Act, 5570 2012-2436 Privacy Act; Systems of Records, 5570-5573 2012-2463 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: HB In-Situ Solution Mine Project, Eddy County, NM, 5566-5567 2012-2375 Filing of Plats of Survey: North Carolina, 5567-5568 2012-2424 Records of Decision: Wright Area North Hilight Field Coal Lease-by-Application, Wyoming, 5568 2012-2360 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5628 2012-2520 Requested Administrative Waiver of the Coastwise Trade Laws: Vessel Big Game, 5628-5629 2012-2405 Vessel Seven Seas, 5629 2012-2410 National Archives National Archives and Records Administration NOTICES Meetings: Founding Fathers Advisory Committee, 5578-5579 2012-2366 Records Schedules; Availability, 5579-5580 2012-2432 National Credit National Credit Union Administration PROPOSED RULES Financial Derivatives Transactions to Offset Interest Rate Risk Investment and Deposit Activities, 5416-5418 2012-2092 National Institute National Institute of Standards and Technology NOTICES Identification of Human Cell Lines Project, 5489-5491 2012-2459 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Chinook Salmon Bycatch Management in Bering Sea Pollock Fishery; Economic Data Collection, 5389-5396 2012-2361 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase, 5413-5414 2012-2474 Fisheries of the Northeastern United States: Summer Flounder Fishery; Quota Transfer, 5414 2012-2482 PROPOSED RULES Pacific Halibut Fisheries; Catch Sharing Plan, 5473-5479 2012-2362 NOTICES Endangered and Threatened Species: Initiation of 5-Year Review for Sei Whales, 5491 2012-2510 Florida Keys National Marine Sanctuary Advisory Council; Availability of Seats, 5492 2012-2417 General Provisions for Domestic Fisheries: Application for Exempted Fishing Permit, 5492-5493 2012-2515 Meetings: Southwest Fisheries Science Center, 5493 2012-2491 Permit Applications: Marine Mammals; File No. 15802, 5493-5494 2012-2486 National Park National Park Service NOTICES Draft Director's Orders; Availability: Policies and Procedures Governing Integrity of Scientific and Scholarly Activities, 5568 2012-2437 National Science National Science Foundation RULES Conservation of Antarctic Animals and Plants, 5403-5406 2012-1392 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5580-5581 2012-2402 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Commerce Spectrum Management Advisory Committee, 5494-5495 2012-2468 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel, 5498 2012-2416 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Meetings: Maritime Advisory Committee for Occupational Safety and Health, 5577-5578 2012-2372 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Amount Due Because Of Annuity Overpayment, 5581-5582 2012-2475 Interview Survey Form, 5581 2012-2473 Meetings: Hispanic Council on Federal Employment, 5582 2012-2389 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Miscellaneous Changes to Pipeline Safety Regulations, 5472 2012-2406 Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences, 5472-5473 2012-2518 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 5582-5583 2012-2429 Postal Service Postal Service PROPOSED RULES Recognition of Distribution of Periodicals via Electronic Copies, 5470-5471 2012-2374 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: American Heart Month (Proc. 8775), 5373-5374 2012-2592 National African American History Month (Proc. 8776), 5375-5376 2012-2616 National Teen Dating Violence Awareness and Prevention Month (Proc. 8777), 5377-5378 2012-2634 ADMINISTRATIVE ORDERS Keystone XL Pipeline Permit Provisions of Temporary Payroll Tax Cut Continuation Act of 2011; Implementation (Memorandum of January 18, 2012), 5677-5679 2012-2673 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5583-5584 2012-2397 2012-2398 Applications for Deregistration under Section 8(f) of Investment Company Act of 1940, 5584-5585 2012-2399 Applications: Northwestern Mutual Series Fund, Inc. and Mason Street Advisors, LLC, 5585-5587 2012-2433 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 5588-5590 2012-2393 Chicago Board Options Exchange, Inc., 5595-5605 2012-2408 2012-2409 Chicago Stock Exchange, Inc., 5605-5606 2012-2407 Financial Industry Regulatory Authority, Inc., 5610-5613 2012-2394 2012-2396 2012-2403 International Securities Exchange, LLC, 5587-5588 2012-2392 NASDAQ OMX BX, Inc., 5590-5595 2012-2395 NASDAQ Stock Market LLC, 5606-5609 2012-2404 Small Business Small Business Administration NOTICES Exemptions Sought Under 312 of the Small Business Investment Act: C3 Capital Partners II, L.P., 5613-5614 2012-2188 State Department State Department NOTICES FY 2011 Service Contract Inventory, 5614 2012-2467 Keystone XL Pipeline, 5614 2012-2615 Meetings: Shipping Coordinating Committee, 5614-5615 2012-2251 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemptions: Dakota, Minnesota and Eastern Railroad Corp. from Chicago, Central and Pacific Railroad Co., 5629 2012-2267 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5615 2012-2364 Treasury Treasury Department See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Meetings: Advisory Committee on Commercial Operations of Customs and Border Protection, 5521-5522 2012-2478 Separate Parts In This Issue Part II Labor Department, Employee Benefits Security Administration, 5632-5659 2012-2262 Part III Housing and Urban Development Department, 5662-5676 2012-2343 Part IV Presidential Documents, 5677-5679 2012-2673 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. 77 23 Friday, February 3, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 27 [Doc. #AMS-CN-10-0073; CN-10-005] RIN 0581-AD16 Revision of Cotton Futures Classification Procedures AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is amending the procedures for cotton futures quality classification services by using Smith-Doxey classification data in the cotton futures classification process. In addition, references to a separate and optional review of cotton futures certification are being eliminated to reflect current industry practices. These changes in procedures for cotton futures quality classification services, as well as proposed conforming changes, reflect advances in cotton fiber quality measurement and data processing made since the regulations were last updated in 1992. DATES: *Effective Date:* March 5, 2012. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator, Cotton & Tobacco Programs, AMS, USDA, 3275 Appling Road, Memphis, TN 38133. Telephone

(901)384-3060, facsimile

(901)384-3021, or email *darryl.earnest@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866, and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this final rule. Background AMS Cotton and Tobacco Programs is revising procedures for providing services related to the classification of cotton futures as authorized by Act by using Smith-Doxey classification data in the cotton futures classification process. The Act requires USDA-certified quality measurements for each bale included in futures contracts for the purpose of verifying that each bale meets the minimum quality requirements for cotton futures trading. USDA was first directed to provide cotton classification services to producers of cotton under the Smith-Doxey Act of April 13, 1937 (Pub. L. 75-28). Therefore, the original classification of a cotton bale's sample and quality data which results from this classification is commonly referred to as the Smith-Doxey classification or Smith-Doxey data. While cotton classification is not mandatory, practically every cotton bale grown in the United States today is classed by USDA under the authority of the Cotton Statistics and Estimates Act (7 U.S.C. 471-476) and the U.S. Cotton Standards Act (7 U.S.C. 51-65) and under regulations found in 7 CFR part 28—Cotton Classing, Testing, and Standards. The U.S. cotton industry uses Smith-Doxey classification data to assign quality-adjusted market values to U.S. cotton and market U.S. cotton both domestically and internationally. Although the Smith-Doxey classification and the futures classification are independent measures of cotton quality that serve different purposes, the Smith-Doxey data is used by the cotton merchant community to indicate which bales may be tenderable against a cotton futures contract. USDA's cotton classification capabilities have dramatically improved as a result of the extensive technological progress, increasing data accuracy and operational efficiency. In addition to the increased accuracy and reliability of Smith-Doxey data, improvements in data management and the desire to increase operational efficiencies have prompted the Cotton and Tobacco Programs to propose the use of Smith-Doxey classification data in the cotton futures classification process. Currently, the futures classification process is a two-step process that occurs after the Smith-Doxey classification in which an initial futures classification is immediately verified by a review—commonly referred to as a final futures classification. When verified by a futures classification, Smith-Doxey classification data will serve as the initial futures classification with the verifying futures classification serving as the final futures classification, reducing the number of futures classifications required in many instances. Verification of Smith-Doxey classing data is necessary because certain quality characteristics—especially color—are known to change over time and when cotton is subjected to certain environmental conditions. In cases where the comparison of Smith-Doxey data and futures classification data fail to pass pre-established tolerances, a second futures classification will be required. The use of Smith-Doxey classification data will significantly reduce the need for yet another cotton futures classification. The proposed changes would improve operational efficiency while potentially improving the integrity and accuracy of classification data provided to the cotton industry. For the reasons set forth above, this rule amends 7 CFR part 27—Cotton Classification Under Cotton Futures Legislation, which establishes the procedures for determining cotton classification for cotton submitted for futures certification. Specific changes required to implement the revised futures classification procedure include the elimination of outdated procedures in sections 27.61-27.67, 27.69 and 27.72 used to guide optional reviews of futures classifications and the elimination of references to fees charged for “initial classification and certification”, “review classification and certification” and “combination services” in section 27.80. Conforming changes remove references to eliminated sections 27.9, 27.14, 27.21., 27.36 and 27.47 and apply current organizational terminology in paragraph

(h)of section 27.2 and section 27.39. As stated above, the cotton futures classification includes a process by which an initial futures classification is followed up by a futures final classification. While not mandatory, this two-stage process has been deemed appropriate by the industry. Therefore, sections 27.61-27.67, 27.69 and 27.72, which address optional reviews of futures classifications, are irrelevant. Furthermore, reference to “initial classification and certification” fees in paragraph

(a)of section 27.80 are removed to avoid confusion with Smith-Doxey classifications and to reflect that initial classification fees are already specified in paragraph

(b)of 7 CFR 28.909. Likewise, reference to “review classification and certification” fees in paragraph

(b)of section 27.80 are removed since fees for review classifications are already specified in 7 CFR 28.911. The term “combination services” in paragraph

(d)of section 27.80 reflects the current practice of performing an “initial” futures classification and an immediate “review” futures classification. Since Smith-Doxey classification data serves as the initial futures classification when verified by a “review” futures classification, these services are simply defined as “futures classification services.” Summary of Comments A proposed rule was published on September 29, 2011, with a comment period of September 29, 2011 through October 31, 2011. (76 FR 60388). No comments were received by AMS from individuals or various organizations representing segments of the cotton industry. Regulatory Flexibility Act and Paperwork Reduction Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small entities. Fees paid by users of the service are not changed by this action; implementation of the new procedures indicates the existing fees remain sufficient to fully reimburse AMS for provision of the services. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are approximately sixty cotton merchant organizations of various sizes active in trading U.S. cotton. Cotton merchants voluntarily use the AMS cotton futures classification services annually under the Cotton Futures Act

(Act)(7 U.S.C. 15b). Many of these cotton merchants are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). Revisions being proposed reflect the progress made in quality determination and data dissemination. The proposed process changes in the classification of cotton futures will yield increases of efficiency to the benefit of the cotton marketing industry. There are no Federal rules that duplicate, overlap, or conflict with this rule. In compliance with Office of Management and Budget

(OMB)regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501-3520), the information collection requirements contained in the regulation to be amended have been previously approved by OMB and were assigned control number 0581-0008, Cotton Classing, Testing and Standards. List of Subjects in 7 CFR Part 27 Commodity futures, Cotton. For the reasons set forth in the preamble 7 CFR part 27 is amended as follows: PART 27—[AMENDED] 1. The authority citation for 7 CFR part 27 continues to read as follows: Authority: 7 U.S.C. 15b, 7 U.S.C. 4736, 7 U.S.C. 1622(g). 2. Section 27.2 paragraph

(h)is revised to read as follows: § 27.2 Terms defined.

(h)*Quality Assurance Division.* The Quality Assurance Division at Memphis, Tennessee; shall provide supervision of futures cotton classification. 3. Section 27.9 is revised to read as follows: § 27.9 Classing Offices; Quality Assurance Division. Classing Offices shall be maintained at points designated for the purpose by the Administrator. The Quality Assurance Division shall provide supervision of futures cotton classification and perform other duties as assigned by the Deputy Administrator. 4. Section 27.14 is revised to read as follows: § 27.14 Filing of classification requests. Requests for futures classification shall be filed with the Quality Assurance Division within 10 days after sampling and before classification of the samples. § 27.21 [Removed and Reserved] 5. Section 27.21 is removed and reserved. 6. Section 27.36 is revised to read as follows: § 27.36 Classification determinations based on official standards. All cotton shall be classified on the basis of the official cotton standards of the United States in effect at the time of such classification. 7. Section 27.39 is revised to read as follows: § 27.39 Issuance of classification records. Except as otherwise provided in this section, as soon as practicable after the classification of cotton has been completed by the Cotton and Tobacco Programs, the Quality Assurance Division shall issue an electronic cotton classification record showing the results of such classification. Each electronic record shall bear the date of its issuance. The electronic record shall show the identification of the cotton according to the information in the possession of the Cotton and Tobacco Programs, the classification of the cotton and such other facts as the Deputy Administrator may require. 8. Section 27.47 is revised to read as follows: § 27.47 Tender or delivery of cotton; conditions. Subject to the provisions of §§ 27.52 through 27.55, no cotton shall be tendered or delivered on a basis grade contract unless on or prior to the date fixed for delivery under such contract, and in advance of final settlement of the contract, the person making the tender shall furnish to the person receiving the same a valid outstanding cotton classification record complying with the regulations in this subpart, showing such cotton to be tenderable on a basis grade contract. § 27.61 [Removed and Reserved] 9. The undesignated center heading preceding § 27.61 is removed and § 27.61 is removed and reserved. §§ 27.62-27.67 [Removed and Reserved] 10. Sections 27.62-27.67 are removed and reserved. § 27.69 [Removed and Reserved] 11. Section 27.69 is removed and reserved. § 27.72 [Removed and Reserved] 12. Section 27.72 is removed and reserved. 13. Section 27.80 is revised to read as follows: § 27.80 Fees; review classification, futures classification and supervision. For services rendered by the Cotton and Tobacco Programs pursuant to this subpart, whether the cotton involved is tenderable or not, the person requesting the services shall pay fees as follows:

(a)[Reserved]

(b)[Reserved]

(c)[Reserved]

(d)Futures classification—$3.50 per bale. Dated: January 30, 2012. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2012-2382 Filed 2-2-12; 8:45 am]

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