Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-02-15.xml --- 77 31 Wednesday, February 15, 2012 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8871-8874 2012-3309 Agricultural Marketing Agricultural Marketing Service RULES Dairy Product Mandatory Reporting, 8717-8721 2012-3566 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Air Force Air Force Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8838-8841 2012-3498 2012-3499 2012-3500 2012-3501 2012-3502 2012-3503 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8841-8843 2012-3505 2012-3506 2012-3504 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Home Mortgage Disclosure (Regulation C): Official Commentary, 8721-8722 2012-3460 NOTICES FY 2011 Service Contract Inventory; Availability, 8818 2012-3461 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8874-8877 2012-2951 2012-3489 Meetings: Advisory Committee on Immunization Practices, 8878 2012-3481 Advisory Council for Elimination of Tuberculosis, 8877 2012-3486 ICD-9-CM Coordination and Maintenance Committee, 8877-8878 2012-3484 World Trade Center Health Program Scientific/Technical Advisory Committee, 8877 2012-3487 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Tracking of Participants in Head Start Impact Study, 8878-8879 2012-3476 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Highly Migratory Species Vessel and Gear Marking, 8803 2012-3433 Manufacturers' Shipments, Inventories, and Orders

(M3)Survey, 8804 2012-3496 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8817-8818 2012-2068 Consumer Product Consumer Product Safety Commission PROPOSED RULES Table Saw Blade Contact Injuries, 8751-8753 2012-3529 NOTICES FY 2011 Service Contract Inventory, 8818 2012-3480 Defense Acquisition Defense Acquisition Regulations System NOTICES Acquisitions of Items for which Federal Prison Industries has Significant Market Share: Correction, 8843 2012-3530 Defense Department Defense Department See Air Force Department See Army Department See Defense Acquisition Regulations System See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-3497 8819-8828 2012-3509 2012-3510 2012-3511 2012-3512 2012-3513 2012-3514 2012-3515 2012-3516 2012-3517 2012-3518 2012-3519 2012-3520 Guidance for Federal Financial Assistance Recipients: Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 8828-8837 2012-3523 Housing Price Inflation Adjustment, 8837 2012-3524 TRICARE Assistance Program Demonstration Termination, 8837-8838 2012-3525 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8844-8848 2012-3446 2012-3450 2012-3451 2012-3458 2012-3578 2012-3580 Applications for New Awards: Advanced Placement Test Fee Program, 8848-8852 2012-3560 Employee Benefits Employee Benefits Security Administration RULES Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services under Patient Protection and Affordable Care Act, 8725-8730 2012-3547 Employment and Training Employment and Training Administration RULES YouthBuild Program, 9112-9136 2012-2373 NOTICES Changes in Status of Extended Benefit Periods: New Mexico, 8901 2012-3495 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8852-8853 2012-3535 Environmental Protection Environmental Protection Agency RULES Exemptions from Requirement of a Tolerance: Aureobasidium pullulans strains DSM 14940 and DSM 14941, 8731-8736 2012-3585 Pasteuria nishizawae - Pn1, 8736-8741 2012-3586 Pesticide Tolerances for Emergency Exemptions: Spirotetramat, 8741-8746 2012-3283 Pesticide Tolerances: Indoxacarb, 8746-8749 2012-3157 PROPOSED RULES Pesticide Petition Filed for Temporary Tolerance Exemption: Residues of Prohydrojasmon in or on Various Commodities, 8755-8757 2012-3422 Revising Underground Storage Tank Regulations: Revisions to Existing Requirements and New Requirements for Secondary Containment and Operator Training, 8757-8758 2012-3589 NOTICES Charter Renewals: Farm, Ranch, and Rural Communities Advisory Committee, 8854-8855 2012-3537 Final Reissuance of NPDES General Permits: Facilities Related to Oil and Gas Extraction in Territorial Seas of Texas, 8855-8856 2012-3584 Meetings: FIFRA Scientific Advisory Panel, 8856-8859 2012-3280 National Advisory Council for Environmental Policy and Technology; Cancellation and Rescheduling, 8859 2012-3533 Pesticide Emergency Exemptions: Agency Decisions and State and Federal Agency Crisis Declarations, 8860-8861 2012-3156 Pesticide Products: Applications to Register New Uses, 8861-8863 2012-3159 Product Cancellation Order for Certain Pesticide Registrations, 8863-8865 2012-2982 Public Water System Supervision Program Approval for State of Illinois; Tentative Approval, 8865 2012-3588 Recent Postings of Broadly Applicable Alternative Test Methods, 8865-8867 2012-3581 Requests For Nominations: National and Governmental Advisory Committees to U.S. Representative to Commission for Environmental Cooperation, 8867-8868 2012-3531 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Eurocopter Deutschland Model EC135 Helicopters, 8722-8724 2012-3184 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8868-8869 2012-3429 Radio Broadcasting Services: AM or FM Proposals to Change Community of License, 8869 2012-3561 Federal Energy Federal Energy Regulatory Commission RULES Natural Gas Pipelines: Project Cost and Annual Limits, 8724-8725 2012-3488 NOTICES Meetings; Sunshine Act, 8853-8854 2012-3656 Federal Trade Federal Trade Commission NOTICES Early Termination of Waiting Periods under Premerger Notification Rules, 8869-8871 2012-3310 Fiscal Fiscal Service NOTICES Surety Companies Acceptable on Federal Bonds: Grange Insurance Co. of Michigan, 8956-8957 2012-3475 Grange Mutual Casualty Co., 8956 2012-3474 Integrity Mutual Insurance Co., 8956 2012-3473 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Clarks River National Wildlife Refuge, KY; Draft Comprehensive Conservation Plan, 8890-8892 2012-3477 National Environmental Policy Act: Land Protection on Missouri River from Fort Randall Dam to Sioux City, IA, 8892-8894 2012-3491 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Class II Special Controls Guidance Document; Automated Blood Cell Separator Device, 8879-8880 2012-3551 General Licensing Provisions; Section 351(k) Biosimilar Applications, 8880-8883 2012-3548 Draft Guidance for Industry; Availability: Implementation of Biologics Price Competition and Innovation Act of 2009, 8885-8886 2012-3549 Quality Considerations in Demonstrating Biosimilarity to Reference Protein Product, 8884-8885 2012-3550 Scientific Considerations in Demonstrating Biosimilarity to Reference Product, 8883-8884 2012-3552 Workshops: Clinical Trial Requirements, Regulations, Compliance, and Good Clinical Practice, 8886-8887 2012-3553 Foreign Assets Foreign Assets Control Office NOTICES Implementations of Sanctions, 8957-8958 2012-3462 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization and Expansion under Alternative Site Framework: Foreign-Trade Zone 202, Los Angeles, CA, 8804-8805 2012-3571 Applications for Reorganization under Alternative Site Framework: Foreign-Trade Zone 107, Polk County, IA, 8805-8806 2012-3573 Foreign-Trade Zone 183, Austin, TX, 8806 2012-3570 Forest Forest Service NOTICES Boundary Establishments; Availability, etc.: Sturgeon National Wild and Scenic River, Hiawatha National Forest, Delta County, MI, 8801 2012-3492 Requests For Applications: Community Forest and Open Space Conservation Program, 8801-8803 2012-3528 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health RULES Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services under Patient Protection and Affordable Care Act, 8725-8730 2012-3547 PROPOSED RULES National Practitioner Data Bank, 9138-9161 2012-3014 Industry Industry and Security Bureau NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 8807-8808 2012-3575 President's Export Council Subcommittee on Export Administration, 8807 2012-3582 Transportation and Related Equipment Technical Advisory Committee, 8807 2012-3579 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services under Patient Protection and Affordable Care Act, 8725-8730 2012-3547 PROPOSED RULES Furnishing Identifying Number of Tax Return Preparer, 8753-8755 2012-3576 Information Reporting by Foreign Financial Institutions and Withholding on Certain Payments, etc., 9022-9109 2012-2979 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Steel Nails from People's Republic of China, 8808 2012-3574 Circular Welded Non-Alloy Steel Pipe from Republic of Korea, 8808-8809 2012-3568 Meetings: United States Travel and Tourism Advisory Board, 8809 2012-3564 International Trade Com International Trade Commission NOTICES Amended Complaints, 8897-8898 2012-3567 Commission Advisory Opinions: Certain Coaxial Cable Connectors and Components thereof and Products Containing Same, 8898 2012-3466 Determinations: Certain Starter Motors and Alternators, 8898-8900 2012-3467 Investigations: Certain Vaginal Ring Birth Control Devices, 8900 2012-3468 Justice Department Justice Department NOTICES Lodgings of Consent Decrees, 8900-8901 2012-3479 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Wage and Hour Division Land Land Management Bureau NOTICES Meetings: Dominguez-Escalante Advisory Council, 8894 2012-3490 Western Montana Resource Advisory Council, 8894-8895 2012-3483 Public Land Orders: Withdrawal of National Forest System Land for Red Cloud Campground, NM, 8895 2012-3526 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8901-8902 2012-3494 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: Chrysler Group, LLC, 8944-8945 2012-3562 National Institute National Institutes of Health NOTICES Establishments: National Center for Advancing Translational Sciences Advisory Council; Cures Acceleration Network Review Board, 8887 2012-3572 Meetings: Center for Scientific Review, 8888-8889 2012-3436 National Cancer Institute; Cancellation, 8890 2012-3419 National Institute of Diabetes and Digestive and Kidney Diseases, 8889 2012-3445 National Institute of Mental Health, 8890 2012-3428 National Institute on Aging, 8889-8890 2012-3453 National Institute on Deafness and other Communication Disorders, 2012-3544 8887-8888 2012-3569 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic: Snapper Grouper Fishery of South Atlantic; Closure, 8749-8750 2012-3543 PROPOSED RULES Fisheries of Northeastern United States: 2012 Sector Operations Plans and Contracts, and Allocation of Northeast Multispecies Annual Catch Entitlements, 8780-8800 2012-3565 Atlantic Bluefish Fishery; 2012 Specifications, 8776-8779 2012-3563 International Fisheries: Western and Central Pacific Fisheries for Highly Migratory Species; High Seas Transshipment Prohibitions, 8758-8759 2012-3545 Western and Central Pacific Fisheries for Highly Migratory Species; Transshipping, Bunkering, Reporting, and Purse Seine Discard Requirements, 8759-8776 2012-3546 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 8810 2012-3558 New England Fishery Management Council; Public Hearings, 8809-8810 2012-3557 Requests for Applications: Grays Reef National Marine Sanctuary Advisory Council, 8810-8811 2012-3465 Takes of Marine Mammals Incidental to Specified Activities: St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, CA, 8811-8817 2012-3542 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Jimbilnan, Pinto Valley, Black Canyon, Eldorado, et al. Wilderness Areas, Lake Mead National Recreation Area, 8895-8896 2012-3037 National Environmental Policy Act: Land Protection on Missouri River from Fort Randall Dam to Sioux City, IA, 8892-8894 2012-3491 National Women's National Women's Business Council NOTICES Meetings: Federal Advisory Committee, 8943 2012-3538 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8843-8844 2012-3507 2012-3508 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Guidance for Decommissioning Planning During Operations, 8751 2012-3522 NOTICES Draft Regulatory Guides; Availability: Decommissioning of Nuclear Power Reactors, 8902-8903 2012-3377 Environmental Assessments; Availability, etc.: Carolina Power and Light Co. Shearon Harris Nuclear Power Plant, Unit 1, 8903-8904 2012-3521 Exemptions: Entergy Nuclear Indian Point 3, LLC; Entergy Nuclear Operation, Inc., Indian Point Nuclear Generating Unit 3, 8904-8926 2012-3122 Nuclear Waste Technical Nuclear Waste Technical Review Board NOTICES Meetings: DOE Work on Criteria and Modeling for Generic Repository Geologies, Albuquerque, NM, 8926 2012-3463 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 8730-8731 2012-3540 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 8926-8927 2012-3577 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Modifications of Special Permits, 8945-8946 2012-3464 Special Permit Applications, 8946-8947 2012-3262 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc., 8927-8928 2012-3472 EDGA Exchange, Inc., 8928-8931 2012-3470 Financial Industry Regulatory Authority, Inc., 8938-8942 2012-3471 NASDAQ OMX PHLX LLC, 8931-8936 2012-3469 2012-3536 NASDAQ Stock Market LLC, 8936-8938 2012-3556 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8942 2012-3539 Major Disaster Declarations: Alabama; Amendment 1, 8942-8943 2012-3456 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Dawn of Egyptian Art, 8943-8944 2012-3555 Rembrandt's Self-Portrait, 8943 2012-3554 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8896-8897 2012-3311 Surface Transportation Surface Transportation Board NOTICES Meetings: Rail Energy Transportation Advisory Committee, 8947 2012-3541 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service NOTICES Privacy Act; Systems of Records, 2012-3457 8947-8956 2012-3459 Wage Wage and Hour Division PROPOSED RULES The Family and Medical Leave Act, 8960-9020 2012-2311 Separate Parts In This Issue Part II Labor Department, Wage and Hour Division, 8960-9020 2012-2311 Part III Treasury Department, Internal Revenue Service, 9022-9109 2012-2979 Part IV Labor Department, Employment and Training Administration, 9112-9136 2012-2373 Part V Health and Human Services Department, 9138-9161 2012-3014 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 31 Wednesday, February 15, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1170 [Doc. #AMS-DA-10-0089; DA-11-01] RIN 0581-AD12 Dairy Product Mandatory Reporting AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule adopts changes to Agricultural Marketing Service

(AMS)regulations as required by section 273(d) of the Agricultural Marketing Act of 1946 (the Act) as amended by the Mandatory Price Reporting Act of 2010. The amendment to the Act requires the Secretary of Agriculture (Secretary) to establish an electronic reporting system for certain manufacturers of dairy products to report sales information for a mandatory dairy product reporting program. The amendment further states that the Secretary shall publish the information obtained for the preceding week not later than 3 p.m. Eastern Time on Wednesday of each week. DATES: This rule is effective April 1, 2012. FOR FURTHER INFORMATION CONTACT: For information relevant to this final rule, contact Clifford M. Carman, Assistant to the Deputy Administrator, USDA/AMS/Dairy Programs, Office of the Deputy Administrator, STOP 0225—Room 2968, 1400 Independence Ave. SW., Washington, DC 20250-0225, *clifford.carman@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is a statutory requirement pursuant to the Agricultural Marketing Act of 1946 [7 U.S.C. 1621-1627, 1635-1638], as amended November 22, 2000, by Public Law 106-532, 114 Stat. 2541; May 13, 2002, by Public Law 107-171, 116 Stat. 207; and September 27, 2010, by Public Law 111-239, 124 Stat. 2502. The proposed rule was published in the **Federal Register** on June 10, 2011 (76 FR 112), with comments to be submitted on or before August 9, 2011. The U.S. Department of Agriculture

(USDA)has reviewed and considered all of the comments submitted in a timely manner for this final rule. *Background:* The Dairy Product Mandatory Reporting Program, 7 CFR part 1170, was established on August 2, 2007, on an interim final basis (72 FR 36341). A final rule associated with implementation of the program (73 FR 34175) became effective June 22, 2008. The National Agricultural Statistics Service

(NASS)has collected information for the program, and the Agricultural Marketing Service

(AMS)has provided verification and enforcement functions for the program. NASS has published sales information for cheddar cheese, butter, dry whey, and nonfat dry milk

(NFDM)on a weekly basis. NASS began publishing cheddar cheese sales information in 1997 and butter, nonfat dry milk (NFDM), and dry whey sales information in 1998. Information was collected on a voluntary basis before the Dairy Product Mandatory Reporting Program became effective. Any manufacturer that processes and markets less than 1 million pounds of the applicable dairy products per calendar year has been exempt from these reporting requirements. AMS is responsible for verifying the sales information submitted by reporting entities to NASS. To verify information submitted, AMS visits larger entities that account for 80 percent of the yearly reported product volume, based on the previous year, of each specified dairy product at least once annually. AMS visits one-half of entities that account for the remaining 20 percent each year, visiting each such entity at least once every other year. During each visit, AMS reviews applicable sales transactions records for at least the 4 most recent weeks. In some cases, AMS may review sales records for up to 2 years. AMS verifies that sales transactions match the information reported to NASS and that there have been no applicable sales transactions that have not been reported to NASS. Noncompliance, appeals, and enforcement procedures are administered by AMS. The Mandatory Price Reporting Act of 2010 (Pub. L. 111-239, Sept. 27, 2010) amended section 273(d) of the Act (7 U.S.C. 1637b) to require that the Secretary establish an electronic reporting system for manufacturers of dairy products to report certain market information for the mandatory dairy product reporting program. The amendment further states that the Secretary shall publish the information obtained under this section for the preceding week not later than 3 p.m. Eastern Time on Wednesday of each week. This final rule, in accordance with the Act, includes regulatory changes for implementing these provisions. This rule also transfers applicable data collection responsibilities from NASS to AMS and includes conforming changes. AMS requested comments on the proposed rule. AMS has reviewed all comments received within the 60-day comment period and has considered these comments in developing this final rule. Executive Order 12866 This final rule has been determined not to be significant for purposes of Executive Order 12866 and therefore has not been reviewed by the Office of Management and Budget with respect to this Executive Order. Executive Order 12988 Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. The amendments contained in this final rule are not intended to have a retroactive effect. Regulatory Flexibility 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 final rule on small entities and has determined that this rule would not have a significant economic impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Small businesses in the dairy product manufacturing 1 industry have been defined by the Small Business Administration

(SBA)as those processors employing not more than 500 employees. For purposes of determining a processor'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. According to U.S. Census Bureau Statistics of U.S. Businesses, there were 1,583 dairy manufacturing establishments in the United States in 2008. Of these businesses, 1,039 establishments had fewer than 500 employees, and 544 establishments had greater than 500 employees (U.S. Census Bureau, 2008 County Business Patterns, *http://www.census.gov/econ/susb/* ). 1 North American Industry Classification System (NAICS) code 3115. The dairy manufacturing establishments included in U.S. Census Bureau statistics include manufacturers of all types of dairy products. The number of plants that produce butter, cheese, NFDM, and dry whey with the precise specifications included in the mandatory reporting requirements is much lower than this. Furthermore, those manufacturers that process and market less than 1 million pounds of the applicable dairy products annually are exempt from reporting sales data. NASS has conducted an annual validation survey that serves to determine which plants are required to report. In 2011, this survey included 181 plants. The annual cost for plants to complete this survey is estimated at approximately $9 per plant. AMS will continue to conduct the validation survey annually. For 2011 there were 94 dairy product plants subject to mandatory reporting of sales data. There are 51 reporting entities that report data for one or more plants. (Plant numbers and numbers of reporting entities have been updated from the 2010 numbers that were reported in the proposed rule.) Based upon company profile information available on the Internet, AMS estimates that almost half of the reporting entities are considered small businesses under the criteria established by the SBA. AMS estimates that the annual cost per plant for reporting sales information for products included in the surveys will be approximately $586. (The change from $511 shown in the proposed rule is due to recognition of greater costs associated with plants that must report sales information for both 40-pound blocks and 500-pound barrel cheddar cheese.) The majority of reporting entities have already been submitting data to NASS through a secure Web-based application. Less than three plants have been regularly faxing their information, and it is believed that these plants do have Internet access. Therefore, there would be no significant start-up costs anticipated for the reporting entities as a result of implementing this final rule. Under the current Dairy Product Mandatory Reporting Program, dairy manufacturers are required to maintain records for verification purposes for a 2-year period. This final rule makes no changes to this requirement. These records are maintained as part of the normal course of business. Thus, there is no additional burden or cost associated with the maintenance of these records. Therefore, in total, this final rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (44 U.S.C. Chapter 35), reporting and recordkeeping requirements that are utilized to collect the information required by the Act have been reviewed by the Office of Management and Budget (OMB). OMB has assigned a reference number of 0581-0274. *Abstract:* The information collection requirements in the request are essential to carry out the intent of the Agricultural Marketing Act of 1946 as amended (the Act). The Act requires each manufacturer to report to the Secretary information concerning the price, quantity, and moisture content (where applicable) of dairy products sold by the manufacturer. Dairy products reported include cheddar cheese, butter, dry whey, and NFDM. Dairy manufacturers report information for these products if the products meet certain product specifications. The collection and reporting of sales information, as required by the Act, have been the responsibility of NASS. NASS has collected the information as part of the information collection package OMB 0535-0020. NASS has allowed manufacturers to submit information through a secure Web-based application, by email, or by fax. Manufacturers have been required to submit information to NASS by 12 noon on Wednesday on all applicable sales of products during the 7 days ending 12 midnight of the previous Saturday, local time of the plant or storage facility where the sales are made. NASS has compiled and aggregated the information reported by the reporting entities and has published the information each Friday morning. When a Federal holiday has fallen on a Tuesday or Wednesday, NASS has contacted manufacturers via email or phone concerning the applicable report deadline. Manufacturers that process and market less than 1 million pounds of applicable dairy products annually are exempt from reporting requirements. Each year, dairy manufacturers have completed an Annual Validation Worksheet for NASS to determine which dairy manufacturers are exempt and to ascertain if valid information has been supplied. The Mandatory Price Reporting Act of 2010 amended subsection 273(d), of the Act, requiring the Secretary to establish an electronic reporting system to collect certain information. Using this reporting system, AMS will publish, not later than 3 p.m. Eastern Time on Wednesday of each week, a report containing the preceding week's information. The information collection and reporting requirements have been the responsibility of NASS. Under this final rule, AMS will assume this responsibility. NASS will no longer collect price, quantity, or moisture content (where applicable) information for cheddar cheese, butter, NFDM, or dry whey, and NASS will no longer collect the associated annual validation information. The forms associated with this data collection will be removed from NASS collection package, OMB 0535-0020, and will be replaced by forms in AMS collection package, OMB 0581-0274. Every effort has been made to minimize any unnecessary recordkeeping costs or requirements. The electronic submission forms will require the minimum information necessary to carry out the requirements of the program effectively, and their use is necessary to fulfill the intent of the Act. It is expected that no outside technical expertise will be needed. The forms are simple, easy to understand, and place as small a burden as possible on respondents. To assist the industry in achieving compliance, educational and outreach sessions will be held prior to implementation. AMS will assist reporting entities in understanding requirements for submitting data through electronic means. In addition, AMS will beta test the electronic-submission technology before implementation, and all entities required to report will be encouraged to participate in the beta-testing program. Any feedback received during this outreach and testing period will be used to correct technical problems. Collecting the information will coincide with normal industry business practices. The timing and frequency of collecting information are intended to meet the needs of the program while minimizing the amount of work necessary to submit the required reports. The information to be collected by AMS is almost identical to the information that has been collected by NASS. While NASS has required either the total sales dollars or the dollars per pound in addition to the total pounds of products sold to be reported, AMS will require both the total sales dollars and the dollars per pound to be reported along with the total pounds of products sold in order to provide an additional validation check. NASS has permitted manufacturers to submit information through a secure web-based application, by email, or by fax. This final rule, however, requires manufacturers to submit information only by electronic means specified by AMS. AMS has specified that each manufacturer submit the information using a secure Internet connection that includes a user name and password. The requirement that reporting entities submit information electronically is in accordance with the Act. The frequency of data collection will not change. Reporting entities have been required to report information to NASS on a weekly basis by 12 noon local time on Wednesday. This final rule requires reporting entities to report information to AMS on a weekly basis by 12 noon, local time of the reporting entities, on Tuesday. This change is necessary to allow AMS personnel time to review and compile data and to publish the information by 3 p.m. Eastern Time on Wednesday as required by the Act. If a Federal holiday falls on Monday through Wednesday of a particular week, the due date for report submission may be adjusted. Prior to the beginning of each calendar year, AMS shall inform reporting entities of the times and dates that reports are due. The first date reporting entities shall provide information to AMS will be Tuesday, April 3, 2012, of sales data for the week ending Saturday, March 31, 2012. The first publication by AMS will be on Wednesday, April 4, 2012, by 3 p.m. Eastern Time. The last publication by NASS will be on March 30, 2012, of sales data through the week ending March 24, 2012. Information collection requirements included in this final rule are listed below. There have been minor changes to the number of respondents compared to the proposed rule due to updated information and the separation of cheddar cheese surveys into two types: blocks and barrels.

(1)Dairy Products Sales, Cheddar Cheese, 40-Pound Blocks *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 20 minutes per week for each report submitted. *Respondents:* Cheddar cheese manufacturers of 40-pound blocks. Each reporting entity may report for a single cheddar cheese plant or it may report for more than one cheddar cheese plant, depending upon how the business is structured. *Estimated Number of Respondents:* 18. *Estimated Total Annual Burden on Respondents:* 312 hours.

(2)Dairy Products Sales, Cheddar Cheese, 500-Pound Barrels *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 20 minutes per week for each report submitted. *Respondents:* Cheddar cheese manufacturers of 500-pound barrels. Each reporting entity may report for a single cheddar cheese plant or it may report for more than one cheddar cheese plant, depending upon how the business is structured. *Estimated Number of Respondents:* 14. *Estimated Total Annual Burden on Respondents:* 243 hours.

(3)Dairy Products Sales, Butter *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 20 minutes per week for each report submitted. *Respondents:* Butter manufacturers. Each reporting entity may report for a single butter plant or it may report for more than one butter plant, depending upon how the business is structured. *Estimated Number of Respondents:* 19. *Estimated Total Annual Burden on Respondents:* 329 hours.

(4)Dairy Products Sales, Nonfat Dry Milk *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 20 minutes per week for each report submitted. *Respondents:* NFDM manufacturers. Each reporting entity may report for a single NFDM plant or it may report for more than one NFDM plant, depending upon how the business is structured. *Estimated Number of Respondents:* 28. *Estimated Total Annual Burden on Respondents:* 485 hours.

(5)Dairy Products Sales, Dry Whey *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 20 minutes per week for each report submitted. *Respondents:* Dry whey manufacturers. Each reporting entity may report for a single dry whey plant or it may report for more than one dry whey plant, depending upon how the business is structured. *Estimated Number of Respondents:* 20. *Estimated Total Annual Burden on Respondents:* 347 hours.

(6)Annual Validation Survey *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 20 minutes per year for each report submitted. *Respondents:* Dairy manufacturers. Each reporting entity may report for a single plant or it may report for more than one plant, depending upon how the business is structured. *Estimated Number of Respondents:* 181. *Estimated Total Annual Burden on Respondents:* 60 hours.

(7)Survey Follow-Up, Verification *Estimate of Burden:* Public reporting burden for this collection of information is estimated to average 5 minutes for each contact from AMS. *Respondents:* Dairy manufacturers. Each reporting entity may report for a single plant or it may report for more than one plant, depending upon how the business is structured. *Estimated Number of Respondents:* 7 per week. *Estimated Total Annual Burden on Respondents:* 30 hours. Copies of this information collection and related instructions can be obtained without charge from Clifford M. Carman, Assistant to the Deputy Administrator, Dairy Programs, AMS, USDA, *clifford.carman@ams.usda.gov,* phone:

(202)690-2998. Except as otherwise directed by the Secretary of Agriculture or the U.S. Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall provide the public any information, statistics, or documents obtained from or submitted by any person under the Act that does not ensure preservation of confidentiality regarding the identity of persons, including parties to contracts and proprietary business information. All report forms include a statement that individual reports are kept confidential. With respect to the application of the Privacy Act of 1974 (5 U.S.C. 552a) to the maintenance of records required by the Act, the Dairy Products Sales survey population consists of dairy product manufacturers. Data collected by this survey relates to manufacturers' operations and transactions and not to those of individuals. Records maintained at business sites for verification of information that would be reported to AMS include contracts, agreements, receipts, and other materials related to sales of specific dairy products. No records about individuals would be maintained by AMS for this survey, and AMS believes that none would be part of these maintained business papers. Discussion of Comments The proposed rule solicited comments to be submitted to USDA on or before August 9, 2011. During this 60-day comment period, seven comment submissions were received: Three from dairy cooperative associations, two from cooperative federations, one from a dairy producer association, and one from a dairy manufacturer/processor trade association. Six of the commenters expressed overall support for the mandatory electronic reporting system and one commenter specifically expressed support for AMS to beta test the electronic submission technology. Two commenters asked that AMS initiate a second rule and comment period so that the industry can address issues on product specifications, data collection, and publication. AMS will consider soliciting public comments through the **Federal Register** on related issues for mandatory reporting, such as product specifications. One commenter stated that, although the Mandatory Price Reporting Act of 2010 sets timing for mandatory electronic reporting, they believe congressional authority exists for daily reporting, citing that the 2008 Farm Bill authorizes “more frequent reporting.” AMS considered this comment, however, the Act does not permit a requirement for reporting entities to report at any frequency other than weekly. Paragraph (b)(2)(C) of section 273 of the Act provides a condition that “the frequency of the required reporting * * * does not exceed the frequency used to establish minimum prices for Class III or Class IV milk under a Federal milk marketing order.” The Federal milk marketing orders establish minimum prices for Class III and Class IV milk based upon weekly dairy products prices reported (7 CFR 1000.50). Although the 2008 Farm Bill amended subsection

(d)of section 273 of the Act to require more frequent reporting, subject to the availability of funds, the Mandatory Price Reporting Act of 2010 further amended the Act, deleting the requirement for more frequent reporting. One reporting entity specifically opposed any reporting period that is more frequent than weekly, citing time needed to receive warehouse bills of lading and preparation time for reporting information. Three commenters expressed concern about the proposed change to move the weekly manufacturers' submission of reports from Wednesday 12 noon local time to Tuesday 12 noon local time, stating that this change would result in increased regulatory costs and increased revisions. AMS acknowledges that the change in reporting date by one day may cause manufacturers to change their methods of data collection and reporting, adding some additional reporting burden. However, AMS must publish sales reports by 3 p.m. Eastern Time on Wednesday whereas NASS has published sales reports on Friday morning. USDA, therefore, must change the weekly reporting day in order to complete validation checks and data analysis before weekly publication. Three commenters had concerns about increased burdens and revisions for weeks that include an intervening holiday. AMS plans to allow reporting later in the week than Tuesday at noon when holidays intervene with reporting dates. USDA will provide the public an annual reporting schedule prior to the beginning of each calendar year. One commenter requested that reporting flexibility be extended to accommodate situations that arise outside the control of the reporting facility. Barring any unforeseen circumstances which would make timely reporting impossible (such as an extreme natural disaster), AMS plans to hold the Tuesday noon submission deadline steadfast each week (other than a week with an intervening holiday). This will facilitate AMS in fulfilling its obligation to report by Wednesday at 3 p.m. Eastern Time each week (other than a week with an intervening holiday). One commenter asked for guidance on how revisions would be submitted with the new electronic reporting system. Although revision procedures are not specifically spelled out in this rule, AMS will provide instructions for reporting requirements, including reporting of revisions, to all parties that must report. These instructions will be available to respondents during the reporting process. In addition, the procedures will be covered in educational and outreach sessions that will be provided to respondents prior to implementation of the amendments. One commenter encouraged AMS to provide weekly notices to dairy manufacturers reminding them of the reporting deadlines for the following week. AMS does not plan to send weekly reminders concerning the due dates of reports. This final rule states that a schedule shall be provided to reporting entities prior to the beginning of each calendar year; AMS plans to post the scheduled reporting due dates on the Internet. This does not preclude AMS from providing other reminders to reporting entities throughout the year, such as for weeks with upcoming holidays. Two commenters requested that reporting requirements be expanded beyond the current four commodities: Cheddar cheese, butter, nonfat dry milk, and dry whey. One commenter asked for reporting requirements to include yogurt, sour cream, cottage cheese, and other types of cheeses with a large sales volume. Another commenter asked that other products be added to the reporting list, including mozzarella (low or high moisture), Monterey Jack, Grade A Swiss, skim milk powder, buttermilk powder, whole milk powder, whey protein concentrate, and soft products or spot cream. The Act does not permit expanding the list of mandatory reported commodities beyond the four products historically reported. Paragraph (b)(2) of section 273 of the Act provides a condition that “the information * * * is required only to the extent that the information is actually used to establish minimum prices for Class III or Class IV milk under a Federal milk marketing order.” The Federal milk marketing orders establish minimum prices for Class III and Class IV milk based upon prices reported for butter, cheddar cheese, nonfat dry milk, and dry whey (7 CFR 1000.50). One of the commenters requested that AMS expand the required reporting plants by reducing the 1 million pounds per year threshold to 500,000 pounds per year production or sales. Paragraph (b)(2)(D) of section 273 of the Act states, “the Secretary may exempt from all reporting requirements any manufacturer that processes and markets less than 1,000,000 pounds of dairy products per year.” The Act does not permit AMS to establish a reporting exemption threshold for manufacturers at any level other than 1 million pounds of dairy products processed and marketed per year. One commenter asked that cheese committed for sale, but not yet sold (delivered), be designated as such for mandatory storage reporting. Mandatory dairy product storage reporting is the responsibility of NASS, and this final rule makes no changes with respect to mandatory storage reporting. AMS has made one change in this final rule from the proposed rule. The reporting requirements in § 1170.7(a) have been modified to indicate that reporting entities must report both the total sales dollars and dollars per pound for the applicable products. NASS has required either the total sales dollars or dollars per pound for the applicable products to be reported, and the proposed rule would have continued this requirement without change. However, the requirement to report both the total sales dollars and dollars per pound will provide AMS with a validation check to insure that, in each instance, the total sales dollars reported equals the dollars per pound times the reported quantity. Since this is a de minimus change in reporting burden, it has no effect on the estimated reporting burden for each survey. List of Subjects in 7 CFR Part 1170 Dairy products, Reporting and recordkeeping requirements, Cheese, Butter, Dry whey, Nonfat dry milk. Accordingly, 7 CFR part 1170 is amended as follows: PART 1170—DAIRY PRODUCT MANDATORY REPORTING 1. The authority citation for part 1170 is revised to read as follows: Authority: 7 U.S.C. 1637-1637b, as amended by Pub. L. 106-532, 114 Stat. 2541; Pub. L. 107-171, 116 Stat. 207; and Pub. L. 111-239, 124 Stat. 2501. 2. Revise § 1170.2 to read as follows: § 1170.2 Act. *Act* means the Agricultural Marketing Act of 1946, 7 U.S.C. 1621 *et seq.,* as amended by the Dairy Market Enhancement Act of 2000, Pub. L. 106-532, 114 Stat. 2541; the Farm Security and Rural Investment Act of 2002, Pub. L. 107-171, 116 Stat. 207; and the Mandatory Price Reporting Act of 2010, Pub. L. 111-239, 124 Stat. 2501. 3. Revise § 1170.7 to read as follows: § 1170.7 Reporting requirements.

(a)All dairy product manufacturers, with the exception of those who are exempt as described in § 1170.9, shall submit a report weekly to the Agricultural Marketing Service

(AMS)by Tuesday, 12 noon local time of reporting entities, on all products sold as specified in § 1170.8 during the 7 days ending 12 midnight of the previous Saturday, local time of the plant or storage facility where the sales are made. If a Federal holiday falls on Monday through Wednesday of a particular week, the due date for report submission may be adjusted. Prior to the beginning of each calendar year, AMS shall release, to manufacturers that are required to report, the times and dates that reports are due. For the applicable products, the report shall be submitted by electronic means specified by AMS and shall indicate the name, address, plant location(s), quantities sold, total sales dollars, dollars per pound, and the moisture content where applicable. Each sale shall be reported for the time period when the transaction is completed, i.e. the product is “shipped out” and title transfer occurs. Each sale shall be reported either f.o.b. plant if the product is “shipped out” from the plant or f.o.b. storage facility location if the product is “shipped out” from a storage facility. In calculating the total dollars received and dollars per pound, the reporting entity shall neither add transportation charges incurred at the time the product is “shipped out” or after the product is “shipped out” nor deduct transportation charges incurred before the product is “shipped out.” In calculating the total dollars received and dollars per pound, the reporting entity shall not deduct brokerage fees or clearing charges paid by the manufacturer.

(b)Manufacturers or other persons storing dairy products are required to report, on a monthly basis, stocks of dairy products (as defined in § 1170.4) on hand, on the appropriate forms supplied by the National Agricultural Statistic Service. The report shall indicate the name, address, and stocks on hand at the end of the month for each storage location. 4. Revise § 1170.8 (a)(3)(ii) to read as follows: § 1170.8 Price reporting specifications.

(a)* * *

(3)* * *

(ii)500-pound barrels: Report weighted average moisture content of cheese sold. AMS will adjust price to a benchmark of 38.0 percent based on standard moisture adjustment formulas. Exclude cheese with moisture content exceeding 37.7 percent. 5. Add § 1170.17 to read as follows: § 1170.17 Publication of statistical information. Not later than 3 p.m. Eastern Time on the Wednesday of each week, AMS shall publish aggregated information obtained from manufacturers or other persons of all products sold as specified in § 1170.8. If a Federal holiday falls on Monday through Wednesday of a particular week, the due date for report publication may be adjusted. The public shall be notified of report times prior to the beginning of the calendar year. Dated: February 9, 2012. Robert C. Keeney, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2012-3566 Filed 2-14-12; 8:45 am]

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