Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-04-03.xml --- 77 64 Tuesday, April 3, 2012 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Substances to be Evaluated for Set 26 Toxicological Profiles, 20022-20023 2012-7975 Agriculture Agriculture Department See Commodity Credit Corporation See Federal Crop Insurance Corporation See Food and Nutrition Service See National Institute of Food and Agriculture Arctic Arctic Research Commission NOTICES Meetings:

U.S. Arctic Research Commission, 20006 2012-7826 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Fair Credit Reporting Act Disclosures, 20011-20012 2012-7916 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20023-20024 2012-8080 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Study of Coordination of Tribal TANF and Child Welfare Services, 20024-20025 2012-7923 Coast Guard Coast Guard RULES Drawbridge Operations: Mile 21.6, Illinois Waterway, Hardin, IL, 19937 2012-7922 Inflatable Personal Flotation Devices, 19937-19943 2012-7791 Special Local Regulations: Charleston Race Week, Charleston Harbor, Charleston, SC, 19934-19937 2012-7963 PROPOSED RULES OPSAIL 2012 Virginia, Port of Hampton Roads, VA, 19957-19963 2012-7920 Safety Zones: Port of Dutch Harbor, Dutch Harbor, AK, 19967-19970 2012-7918 Security Zones: 2012 Republican National Convention, Captain of the Port St.

Petersburg Zone, Tampa, FL, 19970-19975 2012-7921 Special Local Regulations and Security Zones: War of 1812 Bicentennial Commemoration, Port of Boston, MA, 19963-19967 2012-7917 Special Local Regulations for Marine Events: Swim Event, Lake Gaston, Littleton, NC, 19954-19957 2012-7962 Commerce Commerce Department See Economic Development Administration See International Trade Administration See Minority Business Development Agency See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation RULES Upland Cotton Base Quality, 19925-19927 2012-7990 Commodity Futures Commodity Futures Trading Commission RULES Swap Dealer and Major Swap Participant Recordkeeping, Reporting, and Duties Rules, etc., 20128-20215 2012-5317 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20102-20104 2012-7983 Privacy Act; Systems of Records, 20104-20122 2012-7950 Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Corporate Aircraft Costs, 20012 2012-7944 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Property Management, 20007-20008 2012-7968 Requirements for Approved Construction Investments, 20006-20007 2012-7948 Education Department Education Department NOTICES Arbitration Panel Decision Under the Randolph-Sheppard Act, 20012-20014 2012-7994 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Paducah, 20014 2012-7953 President's Council of Advisors on Science and Technology; Teleconference; Correction, 20014 2012-7957 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 20015 2012-7955 State Energy Advisory Board; Teleconference, 20014-20015 2012-7956 Environmental Protection Environmental Protection Agency RULES Secondary National Ambient Air Quality Standards for Oxides of Nitrogen and Sulfur, 20218-20272 2012-7679 NOTICES Clean Water Act Section 303(d):

Availability of List Decisions, 20020-20021 2012-7952 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Amendment and Revocation of Class E Airspace: Willcox, AZ, and Cochise, AZ, 19927-19928 2012-7933 Amendment of Class E Airspace: Hugo, CO, 19928-19929 2012-7935 Springfield, CO, 19929-19930 2012-7938 Tobe, CO, 19930-19931 2012-7939 Establishment of Class E Airspace: Boyne City, MI, 19931-19932 2012-7932 PROPOSED RULES Proposed Amendment of Class E Airspace:

Livingston, MT, 19953-19954 2012-7941 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pilot Schools, 20093 2012-7937 Specific Release Form, 20093-20094 2012-7934 Federal Bureau Federal Bureau of Investigation NOTICES Meetings: CJIS Advisory Policy Board, 20051 2012-8001 Council for the National Crime Prevention and Privacy Compact, 20051 2012-7999 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20021 2012-7857 Federal Crop Federal Crop Insurance Corporation NOTICES Funding Opportunity: Risk Management Education in Targeted States, 19995-20004 2012-7902 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster and Related Determinations: Indiana, 20043-20044 2012-7928 Tennessee, 20043 2012-7929 West Virginia, 20042, 20044 2012-7927 2012-7930 Major Disaster Declarations: Kentucky; Amendment No. 3, 20044 2012-7926 Texas;

Amendment No. 8, 20045 2012-7925 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Texas Eastern Transmission, LP, 20015-20016 2012-7910 Combined Filings, 20016-20019 2012-7883 2012-7887 2012-7888 Complaints: FirstEnergy Solutions Corp., Allegheny Energy Supply Co., LLC v. PJM Interconnection, LLC, 20019 2012-7911 Preliminary Permit Applications: Nuvista Light and Electric Cooperative, Inc., 20019-20020 2012-7909 Federal Register Office Federal Register Office NOTICES Agreements Between American Institute in Taiwan and Taipei Economic and Cultural Representative Office in United States, 20054-20059 2012-7931 Federal Register Administrative Federal Register, Administrative Committee See Federal Register Office Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 20021-20022 2012-7958 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 20022 2012-7959 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Privacy Act; Systems of Records; Correction, 20022 2012-7978 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.: Durham-Orange Light Rail Project, Durham and Orange Counties, NC, 20094-20097 2012-7897 Georgia Multi-modal Passenger Terminal, 20097-20098 2012-7892 Fiscal Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claims Against the U.S. for Amounts Due in the Case of a Deceased Creditor, 20123 2012-7877 Voucher for Payment of Awards, 20122-20123 2012-7870 Fee Change for Paying Agents Redeeming Definitive Savings Bonds and Savings Notes, 20123-20124 2012-7951 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Blood Establishment Registration and Product Listing, Form FDA 2830, 20025 2012-7915 Draft Guidance for Industry, Availability:

Compliance Policy for Reporting Drug Sample Distribution Information, 20025-20026 2012-7912 Draft Guidance for Industry; Availability: Modified Risk Tobacco Product Applications, 20026-20030 2012-7908 Reporting Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke, 20030-20034 2012-7766 Harmful and Potentially Harmful Constituents in Tobacco Products and Tobacco Smoke; Established List, 20034-20037 2012-7727 Meetings: Peripheral and Central Nervous System Drugs Advisory Committee, 20037-20038 2012-7967 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Status of Claims Against Households, 20004-20005 2012-7991 Foreign Assets Foreign Assets Control Office NOTICES Blocked Persons and Property: Designations Under Executive Order 13224, 20124-20125 2012-7954 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Corporate Aircraft Costs, 20012 2012-7944 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services NOTICES Employment Authorizations: Syrian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Syria Since March 2011, 20038-20042 2012-7960 Interior Interior Department See Land Management Bureau NOTICES Establishment of the Gateway National Recreation Area Fort Hancock 21st Century Advisory Committee, 20046 2012-7845 International Trade Adm International Trade Administration NOTICES Antidumping Duty New Shipper Reviews:

Certain Frozen Fish Fillets From the Socialist Republic of Vietnam, 20008-20009 2012-7979 Consolidated Decisions on Applications for Duty-Free Entry of Electron Microscopes: Howard Hughes Medical Institute, et al., 20009 2012-7984 Meetings: Travel and Tourism Advisory Board, 20009 2012-7974 International Trade Com International Trade Commission NOTICES Complaints: Certain Computer and Computer Peripheral Devices and Components Thereof and Products Containing the Same, 20047-20048 2012-7936 Investigations;

Terminations, Modifications and Rulings: Certain Liquid Crystal Display Devices, Including Monitors, Televisions, Modules, and Components Thereof, 20048-20050 2012-7628 Justice Department Justice Department See Federal Bureau of Investigation See Prisons Bureau Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Final Determinations: List of Products Requiring Federal Contractor Certification as to Forced or Indentured Child Labor, 20051-20054 2012-7961 Meetings:

Labor Advisory Committee for Trade Negotiations and Trade Policy, 20054 2012-7965 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 20046-20047 2012-7898 Filing of Plats of Survey: Oregon, Washington, 20047 2012-8006 Maritime Maritime Administration NOTICES Inventory of U.S.-Flag Launch Barges, 20098-20099 2012-7993 Requested Administrative Waiver of the Coastwise Trade Laws: Vessel TRE GATTI, 20099-20100 2012-7977 Requested Administrative Waivers of the Coastwise Trade Laws:

Vessel HOLLY DAY, 20100-20101 2012-7992 Vessel NORDIC STAR, 20100 2012-7988 Vessel RAMBLE, 20101 2012-7989 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel Little Wing, 20102 2012-7982 Minority Business Minority Business Development Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Online Customer Relationship Management/ Performance Databases, etc., 20010 2012-7973 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Corporate Aircraft Costs, 20012 2012-7944 National Archives National Archives and Records Administration See Federal Register Office National Institute Food National Institute of Food and Agriculture NOTICES Meetings: Proposed Crop Protection Competitive Grants Program, 20005-20006 2012-7987 National Institute National Institute of Standards and Technology NOTICES Public Workshops: Designing for Impact, Building the National Network for Manufacturing Innovation, 20010-20011 2012-7981 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern U.S.:

Northeast Multispecies Fishery; Interim Action, 19944-19951 2012-7972 Fisheries of the Northeastern United States: Summer Flounder Fishery; Quota Transfer, 19951-19952 2012-7985 PROPOSED RULES Fisheries Off West Coast States: Coastal Pelagic Species Fisheries; Annual Specifications, 19991-19994 2012-7986 Taking and Importing Marine Mammals: Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA, 19976-19991 2012-7844 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 20059 2012-8062 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications for Amendment to Facility Operating License: Exelon Generation Co., LLC; Withdrawal, 20059 2012-7949 Environmental Assessments; Availability, etc.: License Amendment, Florida Power & Light Co., Turkey Point, Units 3 and 4, 20059-20070 2012-7947 Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 20070-20077 2012-7676 Meetings;

Sunshine Act, 20077 2012-8077 Requests for License To Export Radioactive Waste, 20077-20078 2012-7946 Requests for License To Import Radioactive Waste, 20078-20079 2012-7945 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Bloodborne Pathogens Standard: Corrections and Technical Amendment, 19933-19934 2012-7715 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Vietnam Veterans Day (Proc. 8789), 20273-20276 2012-8162 ADMINISTRATIVE ORDERS Working Group on the Intersection of HIV/AIDS, Violence Against Women and Girls, and Gender-Related Health Disparities;

Establishment (Memorandum of March 30, 2012), 20277-20279 2012-8164 Prisons Prisons Bureau RULES Inmate Communication With News Media: Removal of Byline Regulations, 19932-19933 2012-7971 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 20079 2012-8063 Petitions for Review and Scheduling Filing of Statements: NASDAQ Stock Market LLC, 20079 2012-7901 Self-Regulatory Organizations; Proposed Rule Changes:

NASDAQ OMX PHLX LLC, 20090-20092 2012-7914 NYSE Arca, Inc., 20079-20090 2012-7894 2012-7913 Small Business Small Business Administration NOTICES Disaster Declarations: Illinois, 20092-20093 2012-7940 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Department Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration RULES Privacy Act; Implementation of Exemptions:

DOT/ALL 24 - Departmental Office of Civil Rights System System of Records, 19943-19944 2012-7980 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: E-Verify 2012 Web User Survey, 20045 2012-7907 Designations for Temporary Protected Status: Syrian Arab Republic, 20046 C1--2012--7498 Veteran Affairs Veterans Affairs Department PROPOSED RULES Acquisition Regulations:

Simplified Acquisition Procedures for Health-Care Resources (Section 610 Review), 19975-19976 2012-7969 Separate Parts In This Issue Part II Commodity Futures Trading Commission, 20128-20215 2012-5317 Part III Environmental Protection Agency, 20218-20272 2012-7679 Part IV Presidential Documents, 20273-20279 2012-8162 2012-8164 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 64 Tuesday, April 3, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1427 RIN 0560-AI16 Upland Cotton Base Quality AGENCY: Commodity Credit Corporation and Farm Service Agency, USDA.

ACTION: Final rule. SUMMARY: This rule makes technical changes to the Commodity Credit Corporation

(CCC)upland cotton marketing assistance loan

(MAL)regulations to revise certain grade and quality references. Changes include revising references to specific quality characteristics of certain base quality grades to simply a reference to the “base quality” of the grade without further specification. CCC uses base quality to calculate upland cotton loan rates, Adjusted World Price (AWP), and related adjustments. This change will accommodate any future changes to the base quality specifications that define the base quality characteristics of a particular grade. This rule also changes a broad reference of a base grade to a more specific reference that names the particular relevant grade. None of these changes involve a change of policy and would not have affected any program determinations in past crop years, had these changes been in place at the time. They improve the regulations by maintaining consistency with base quality specifications as that may change in the future. This amendment will apply starting with the 2012 crop. DATES: *Effective date:* April 3, 2012. FOR FURTHER INFORMATION CONTACT: Gene Rosera, Economic and Policy Analysis Staff, FSA; telephone

(202)720-8837, email: *gene.rosera@wdc.usda.gov* . Persons with disabilities who require alternative means for communications (Braille, large print, audio tape, etc.) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Background The Farm Service Agency

(FSA)operates an upland cotton MAL program for upland cotton using CCC funds. The base quality loan rate is set in section 1201 of the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill, Pub. L. 110-246) at 52 cents a pound for the 2008 through 2012 crop years. Loan rates for individual bales depend on the grade of the cotton and the quality within the grade. The grades referenced in this rule are Middling (M), Strict Middling (SM), and Strict Low Middling (SLM). The loan schedule provides a base grade that produces a loan rate of 52 cents per pound at base quality. That base grade is SLM 1 1/16 -inch, leaf 4 cotton. Producers can either forfeit the cotton in satisfaction of the loan or repay the loan at a rate that is based, generally, on a calculated AWP. Repayment rates are adjusted, like the loan rates themselves, based on grade and quality within the grade. FSA uses measures of strength and length uniformity in determining the price support value of a bale of upland cotton. The base-quality ranges for these factors are those for which loan rate premiums and discounts do not apply. The calculations specified in § 1427.25(c)(2) are used to make an overall adjustment in basic repayment rates for cotton loans while § 1427.25(e)(2)(ii) and (f)(2)(ii) are directed at coarse count and fine count adjustments, respectively, in the repayment rates for certain cotton grades. Prior to this rule, the cotton regulations specified in 7 CFR part 1427 that various AWP adjustments be made based on comparisons between certain loan rates for base qualities of certain grades. However, rather than simply refer to the “base quality” those specific qualities of the base grade (micronaire, length uniformity, and strength) are stated in the rules. That specificity creates technical problems if the loan schedules and base grade specifications are changed. CCC establishes upland cotton base quality ranges administratively, based in part on the ranges reported by the cotton industry to the USDA Agricultural Marketing Service (AMS). AMS can and does change the specification of “base quality” cotton in response to observed market valuation of quality attributes. By replacing the specific ranges with the term “base quality,” CCC's use of the term in the regulation remains consistent with AMS in the future. Prior to this rule, § 1427.25(c) made an adjustment, “between the applicable loan rate for an upland cotton crop for M 1 3/32 -inch, leaf 3, (micronaire 3.5 through 3.6 and 4.3 through 4.9, strength 25.5 through 29.4 grams per tex, length uniformity 79.5 through 82.4 percent) cotton and the loan rate for base quality upland cotton.” This rule addresses, first, the specification in § 1427.25(c)(2) regarding the references to M 1 3/32 -inch, leaf 3. This rule eliminates the base quality specifications in the regulation (micronaire 3.5 through 3.6 and 4.3 through 4.9, etc.). The text regarding that grade is being changed to simply refer to “base quality M 1 3/32 -inch, leaf 3.” Should the specifications for base quality for “M 1 3/32 -inch, leaf 3” change in the future, there will be no need to change the regulations. Second, this rule makes another change to § 1427.25(c)(2). The regulation as quoted above refers to comparing the applicable “M 1 3/32 -inch, leaf 3” loan rate to “the loan rate for base quality upland cotton.” That reference in § 1427.25(c)(2) to “base quality upland cotton” is to the base grade for upland cotton MALs—as noted above—namely, base quality SLM 1 1/16 -inch, leaf 4 cotton. So that the regulations may be specific and not create confusion with the “base quality” references that are being added with respect to other grades, this rule changes the reference in § 1427.25(c)(2) to “base quality upland cotton” to a specific reference to “base quality SLM 1 1/16 -inch, leaf 4 cotton.” With these two changes, the regulations in § 1427.25(c)(2) will provide for a comparison “between the applicable loan rate for an upland cotton crop for base quality M 1 3/32 -inch, leaf 3 cotton and the loan rate for an upland cotton crop for base quality SLM 1 1/32 -inch, leaf 4 cotton.” Had that language been in place in 2011, there would have been no change in adjusted price determinations specified in § 1427.25(c)(2). The same will be true in 2012 and thereafter if there is no change to the base quality specifications for the “M 1 3/32 -inch, leaf 3” and “SLM 1 1/32 - inch, leaf 4” grades. But if there are changes, then no conforming adjustment in the regulations will be needed since the changes in the base quality specifications would be incorporated, in effect, by the generic reference to the “base quality” of those two grades. The base qualities of the grades will be whatever the standards current at that time specify. Similarly, in § 1427.25(e)(2)(ii) and (f)(ii) of the regulations there are other references to the “M 1 3/32 -inch, leaf 3” grade like the one to that grade in § 1427.25(c)(2)—that is, with the specific qualities of the base grade set out. There are also similar references with similar specificity regarding the grade “SLM 1 1/32 -inch, leaf 4” in § 1427.25(e)(2)(ii) and grade “SM 1 1/8 -inch, leaf 2” in § 1427.25 (f)(2)(ii). As with the change regarding grade “M 1 3/32 -inch, leaf 3” in § 1427.25(c)(2), the references to base quality for that grade and the other grades § 1427.25(e)(2)(ii) and (f)(2)(ii) are modified to replace the specification for base quality with a reference to the use of the “base quality” grade in the comparison (whatever those specifications have been). Therefore, this rule changes the reference in § 1427.25(e)(2)(ii) to a comparison “between the applicable loan rate for an upland cotton crop for M 1 3/32 -inch, leaf 3, (micronaire 3.5 through 3.6 and 4.3 through 4.9, strength 25.5 through 29.4 grams per tex, length uniformity 80 through 82 percent) cotton and the loan rate for an upland cotton crop for SLM 1 1/32 -inch, leaf 4, (micronaire 3.5 through 3.6 and 4.3 through 4.9, strength 25.5 through 29.4 grams per tex, length uniformity 79.5 through 82.4 percent) cotton” to a comparison “between the applicable loan rate for an upland cotton crop for base quality M 1 3/32 -inch, leaf 3 cotton and the loan rate for an upland cotton crop for base quality SLM 1 1/32 -inch, leaf 4 cotton.” Likewise, this rule changes the comparison in § 1427.25(f)(2)(ii) from a comparison “between the applicable loan rate for an upland cotton crop for M 1 3/32 -inch, leaf 3, (micronaire 3.5 through 3.6 and 4.3 through 4.9, strength 25.5 through 29.4 grams per tex, length uniformity 79.5 through 82.4 percent) cotton and the loan rate for an upland cotton crop for SM 1 1/8 -inch, leaf 2, (micronaire 3.5 through 3.6 and 4.3 through 4.9, strength 25.5 through 29.4 grams per tex, length uniformity 79.5 through 82.4 percent) cotton” to specify that it is a comparison “between the applicable loan rate for an upland cotton crop for base quality M 1 3/32 -inch, leaf 3 cotton and the loan rate for an upland cotton crop for base quality SM 1 1/8 -inch, leaf 2 cotton.” Neither of these changes in § 1427.25(e)(2)(ii) and (f)(2)(ii) would have affected, had they been in place earlier, previous determinations of loan repayment rates. However like the § 1427.25(c)(2) changes, these changes accommodate future changes in what constitutes “base quality” in the specific grades listed there. Notice and Comment These regulations are exempt from the notice and comment requirements of the Administrative Procedure Act (5 U.S.C. 553), as specified in section 1601(c)(2) of the 2008 Farm Bill, which requires that the regulations to implement Title I of the 2008 Farm Bill 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. Also, this rule is technical in nature, not substantive, and a delay in implementing this rule would be contrary to the public interest. Executive Order 12866 and 13563 Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Management and Budget

(OMB)designated this rule as not significant under Executive Order 12866, “Regulatory Planning and Review,” and therefore has not reviewed this rule. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to the notice and comment rulemaking requirements under the Administrative Procedure Act (5 U.S.C. 553) or any other statute, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is not subject to the Regulatory Flexibility Act because CCC is not required 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 technical corrections identified in this final rule do not change the structure or goals of the program and can be considered simply administrative in nature. Therefore, FSA has determined that NEPA does not apply to this final rule and no environmental assessment or environmental impact statement will be prepared. Executive Order 12372 This program is not subject to Executive Order 12372, “Intergovernmental Review of Federal Programs,” 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, “Civil Justice Reform.” The provisions of this rule will not have preemptive effect with respect to any State or local laws, regulations, or policies that conflict with such provision or which otherwise impede their full implementation. The rule will not have retroactive effect. Before any judicial action may be brought regarding this rule, all administrative remedies must be exhausted. Executive Order 13132 This rule has been reviewed under Executive Order 13132, “Federalism.” The policies contained in this rule would not have any substantial direct effect on States, the relationship between the Federal Government and the States, or the distribution of power and responsibilities among the various levels of government. Nor would this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed for compliance with Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 imposes requirements on the development of regulatory policies that have tribal implications or preempt tribal laws. The policies contained in this rule do not preempt Tribal law. USDA continues to consult with Tribal officials to have a meaningful consultation and collaboration on the development and strengthening of USDA regulations. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, and Tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined under title II of the UMRA, for State, local, and Tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Small Business Regulatory Enforcement Fairness Act OMB has designated this rule as not significant. As a result, this rule is not considered a major rule under SBREFA and FSA is not required to delay the effective date for 60 days from the date of publication to allow for Congressional review. Accordingly, this rule is effective on the date of publication in the **Federal Register** . Federal Assistance Programs The title and number of the Federal assistance program in the Catalog of Domestic Federal Assistance to which this rule will apply is Commodity Loan and Loan Deficiency Payments—10.051. 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 is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government Information and services, and for other purposes. List of Subjects in 7 CFR Part 1427 Cotton, Cottonseeds, Loan programs—agriculture, Packaging and containers, Price support programs, Reporting and recordkeeping requirements, Surety bonds, Warehouses. For the reasons discussed above, this rule amends 7 CFR part 1427 as follows: PART 1427—COTTON 1. The authority for part 1427 continues to read as follows: Authority: 7 U.S.C. 7231-7236 and 8737; and 15 U.S.C. 714b, and 714c. 2. Amend § 1427.25 by revising paragraphs (c)(2), (e)(2)(ii), and (f)(2)(ii) to read as follows: § 1427.25 Determination of the prevailing world market price and the adjusted world price for upland cotton.

(c)* * *

(2)The price determined as specified in paragraph (c)(1) of this section will be adjusted to reflect the price of base quality upland cotton by deducting the difference, as CCC announces, between the applicable loan rate for an upland cotton crop for base quality M 1 3/32 -inch, leaf 3 cotton and the loan rate for base quality SLM 1 1/16 -inch, leaf 4 cotton.

(e)* * *

(2)* * *

(f)* * *

(2)* * *

(ii)The difference between the applicable loan rate for an upland cotton crop for base quality M 1 3/32 -inch, leaf 3 cotton and the loan rate for an upland cotton crop for base quality SM 1 1/8 -inch, leaf 2 cotton. Signed on March 28, 2012. Bruce Nelson, Executive Vice President, Commodity Credit Corporation. [FR Doc. 2012-7990 Filed 4-2-12; 8:45 am]

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