Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-04-05.xml --- 77 66 Thursday, April 5, 2012 Contents Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: OAA Title III-C Evaluation, 20637-20638 2012-8241 Agricultural Marketing Agricultural Marketing Service RULES Revision of Cotton Classification Procedures for Determining Cotton Leaf Grade, 20503-20505 2012-8125 NOTICES Meetings:

Plant Variety Protection Board, 20610 2012-8126 United States Standards for Grades of Cultivated Ginseng, 20610-20611 2012-8135 Agricultural Research Agricultural Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20611-20612 2012-8212 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Forest Service Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Meetings:

Ocean Energy Safety Advisory Committee, 20647-20648 2012-8180 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 20612-20613 2012-8356 Commerce Commerce Department See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20613-20614 2012-8131 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20692-20693 2012-8139 Consumer Product Consumer Product Safety Commission NOTICES Exceptions from Lead Content Limits, 20614-20615 2012-8187 Defense Acquisition Defense Acquisition Regulations System PROPOSED RULES Defense Federal Acquisition Regulation Supplements: Solicitation Provisions and Contract Clauses for Acquisitions of Commercial Items, 20598-20609 2012-8053 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Material and Workmanship, 20636-20637 2012-8143 DAU Industry Day: Affordability, Efficiency, and the Industrial Base, 20615-20616 2012-8188 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20650-20654 2012-8206 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission Energy Information Energy Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20616-20617 2012-8182 Environmental Protection Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Indiana; Central Indiana (Indianapolis) Ozone Maintenance Plan Revision to Approved Motor Vehicle Emissions Budgets, 20577-20582 2012-8208 Wisconsin; Forest County Potawatomi Community Reservation Class I Area, 20575-20577 2012-8207 Approvals and Promulgations of Implementation Plans:

Florida; New Source Review Prevention of Significant Deterioration; Nitrogen Oxides as Precursor to Ozone, 20582-20585 2012-8197 Ocean Dumping: Designation of Ocean Dredged Material Disposal Sites Offshore of Yaquina Bay, OR, 20590-20598 2012-8193 Withdrawal of Certain Federal Water Quality Criteria Applicable to California, New Jersey and Puerto Rico, 20585-20590 2012-8202 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Hazardous Waste Facility Standards, 20623-20625 2012-8201 Air Pollution Control:

Proposed Action on Clean Air Act Section 105 Grants to the Idaho Department of Environmental Quality, 20625-20629 2012-8200 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: 328 Support Services GmbH Airplanes, 20526-20528 2012-7850 Agusta S.p.A. Helicopters, 20518-20520 2012-8058 Airbus Airplanes, 20515-20517 2012-7848 Boeing Co. Airplanes, 20505-20508, 20511-20515 2012-6642 2012-8038 Bombardier, Inc.

Model BD 100 1A10 (Challenger 300) Airplanes, 20520-20522 2012-8041 Lockheed Martin Corp./Lockheed Martin Aeronautics Co. Airplanes, 20522-20526 2012-8040 Rolls-Royce plc Turbofan Engines, 20508-20511 2012-8163 Correction of Authority Citations for Commercial Space Transportation, 20531-20536 2012-8196 Modification, Revocation and Establishment of Air Traffic Service Routes: Windsor Locks Area; CT, 20528-20530 2012-8183 Procedures for Submitting Clarifying Questions Concerning Flight, Duty, and Rest Requirements, 20530-20531 2012-7739 PROPOSED RULES Airworthiness Directives:

BAE SYSTEMS (OPERATIONS) LIMITED Airplanes, 20572-20574 2012-8128 NOTICES Meetings: RTCA Special Committee 206, Aeronautical Information and Meteorological Data Link Services, 20688 2012-8189 RTCA Special Committee 225, Rechargeable Lithium Batteries and Battery Systems, Small and Medium Size, 20688-20689 2012-8190 Federal Communications Federal Communications Commission RULES Connect America Fund; A National Broadband Plan for Our Future: Establishing Just and Reasonable Rates for Local Exchange Carriers;

High-Cost Universal Service Support, 20551-20553 2012-7057 Implementation of the Local Community Radio Act of 2010: Revision of Service and Eligibility Rules for Low Power FM Stations, 20555-20558 2012-8129 Relay Services for Deaf-Blind Individuals, 20553-20555 2012-8133 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20629-20633 2012-8203 2012-8204 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 20633 2012-8359 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

El Paso Natural Gas Co., 20617-20618 2012-8158 FFP Missouri 2, LLC, 20619-20620 2012-8154 PetroLogistics Natural Gas Storage, LLC, 20618 2012-8157 Transwestern Pipeline Co., LLC, 20618-20619 2012-8156 Deadline Extensions: Pomperaug Hydro Project, Andrew Peklo III, 20621 2012-8155 License Amendment Applications: N.E.W. Hydro LLC, 20622-20623 2012-8160 PPL Holtwood, LLC, 20622 2012-8159 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 2012-8127 20633 2012-8130 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 20689 2012-8136 Environmental Impact Statements; Availability, etc.: Interstate 25 and Paseo del Norte Interchange, Albuquerque, NM, 20690 2012-8216 Federal Maritime Federal Maritime Commission NOTICES License Denials; Appeals Hearings: OC International Freight, Inc., et al., 20633-20635 2012-8192 Federal Railroad Federal Railroad Administration NOTICES Meetings: Northeast Corridor Safety Committee, 20690-20691 2012-8134 Petitions for Waivers of Compliance, 20691-20692 2012-8175 2012-8177 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 2012-8198 20635 2012-8118 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 20635-20636 2012-8199 Food and Drug Food and Drug Administration NOTICES Debarment Orders: Ashish Macwan, 20638-20639 2012-8233 Jose Concepcion, 20641-20642 2012-8249 Shashikant Shah, 20639-20641 2012-8229 Meetings: Blood Products Advisory Committee, 20643-20644 2012-8167 General and Plastic Surgery Devices Panel of the Medical Devices Advisory Committee, 20642-20643 2012-8166 Patent Extension Regulatory Reviews:

FLECTOR, 20644 2012-8235 Foreign Assets Foreign Assets Control Office NOTICES Blocking Property of Senior Officials of the Government of Syria: Designation of Three Individuals Pursuant to Executive Order 13573, 20693-20694 2012-8231 Forest Forest Service NOTICES Meetings: National Tree-Marking Paint Committee, 20612 2012-8248 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations;

Material and Workmanship, 20636-20637 2012-8143 Health and Human Health and Human Services Department See Aging Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Requests for Information: Prescription Medication Adherence, 20637 2012-8179 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20645 2012-8147 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Public Access to Records under the Freedom of Information Act; Production of Material or Provisions of Testimony by Employees, 20647 2012-8243 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Land Management Bureau See Office of Natural Resources Revenue Internal Revenue Internal Revenue Service NOTICES Application Packages; Availability: Community Volunteer Income Tax Assistance

(VITA)Matching Grant Program, 20694 2012-8146 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20694-20695 2012-8145 Tax Counseling for the Elderly Program Application Packages; Availability, 20695-20696 2012-8144 International Trade Com International Trade Commission NOTICES Investigations: Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, 20648-20649 2012-8140 Investigations; Terminations, Modifications and Rulings: Silicon Metal from China, 20649 2012-8148 Justice Department Justice Department See Justice Programs Office Justice Programs Justice Programs Office NOTICES Meetings: Federal Advisory Committee on Juvenile Justice (Webinar), 20649-20650 2012-8132 Labor Department Labor Department See Employee Benefits Security Administration See Workers Compensation Programs Office Land Land Management Bureau NOTICES Filing of Plats of Survey: California, 20648 2012-8244 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Acquisition Regulations; Material and Workmanship, 20636-20637 2012-8143 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability, 20655-20656 2012-8174 National Highway National Highway Traffic Safety Administration RULES Federal Motor Vehicle Safety Standards: Platform Lifts for Motor Vehicles; Platform Lift Installations in Motor Vehicles, 20558-20571 2012-8138 Uniform Criteria for State Observational Surveys of Seat Belt Use, 20550-20551 2012-8137 National Institute National Institutes of Health NOTICES Meetings: National Human Genome Research Institute, 20646 2012-8213 National Institute of Allergy and Infectious Diseases, 20645-20646 2012-8211 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 20646 2012-8219 National Institute of Diabetes and Digestive and Kidney Diseases, 20646 2012-8214 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Using Hook-and-line Gear in Western Regulatory Area of Gulf of Alaska; Closure, 20571 2012-8222 NOTICES Meetings: New England Fishery Management Council; Cancellation, 20613 2012-8224 Natural Resources Office of Natural Resources Revenue PROPOSED RULES Indian Oil Valuation Negotiated Rulemaking Committee; Meetings, 20574 2012-8186 Postal Regulatory Postal Regulatory Commission NOTICES Postal Service Classification and Price Adjustments, 20656-20657 2012-8161 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Cancer Control Month (Proc. 8790), 20491-20492 2012-8317 National Child Abuse Prevention Month (Proc. 8791), 20493-20494 2012-8318 National Donate Life Month (Proc. 8792), 20495-20496 2012-8319 National Financial Capability Month (Proc. 8793), 20497-20498 2012-8323 National Sexual Assault Awareness and Prevention Month (Proc. 8794), 20499-20500 2012-8335 World Autism Awareness Day (Proc. 8795), 20501-20502 2012-8343 Securities Securities and Exchange Commission RULES Exemptions For Security-Based Swaps Issued By Certain Clearing Agencies, 20536-20549 2012-8141 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 20673-20684 2012-8170 2012-8171 2012-8172 NASDAQ OMX BX, Inc., 20671-20672, 20684-20686 2012-8169 2012-8173 NASDAQ OMX PHLX LLC, 20657-20658 2012-8168 NASDAQ Stock Market LLC, 20658-20660, 20666-20671 2012-8150 2012-8205 NYSE Arca, Inc., 20660-20666 2012-8149 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20686-20687 2012-8234 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Exchange Visitor Program Annual Report, 20687 2012-8238 Secretary of State's Determinations under International Religious Freedom Act of 1998, 20687-20688 2012-8240 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 20654-20655 2012-8223 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 66 Thursday, April 5, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 27 and 28 [Doc. #AMS-CN-11-0066] RIN 0581-AD19 Revision of Cotton Classification Procedures for Determining Cotton Leaf Grade AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is amending the procedures for determining the official leaf grade for Upland and Pima cotton. The leaf grade is a part of the official classification which denotes cotton fiber quality used in cotton marketing and manufacturing of cotton products. Previously, the leaf grade was determined by visual examination and comparison to the Universal Cotton Standards for Leaf Grade that serves as the official cotton standards by qualified cotton classers. Amended procedures replace the classer's leaf determination with the instrument leaf measurement made by the High Volume Instrument

(HVI)system, which has been used in official cotton classification for Upland Cotton since 1991. DATES: *Effective Date:* April 6, 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 amending the procedures for providing cotton leaf grade classification services as authorized by the United States Cotton Standards Act of 1923, as amended (7 U.S.C. 51-65), the Cotton Statistics and Estimates Act of 1927 (7 U.S.C. 471-476), and the U.S. Cotton Futures Act (7 U.S.C. 15b, 7 U.S.C. 4736, 7 U.S.C. 1622(g)). While measurements for other quality factors are performed by precise HVI measurements, manual determinations for leaf grade and extraneous matter are currently part of the official USDA cotton classification. Accurate assignment of leaf grade is of economic importance to all participants along the cotton supply chain since leaf content is all waste and there is a cost factor associated with its removal. Furthermore, since small leaf particles cannot always be removed, these particles detract from the quality and, therefore, the value of the finished product. AMS has HVIs with the ability to optically identify, with a high level of confidence, the number of leaf particles (Particle Count) and to measure the surface area covered by non-lint particles (Area). AMS then applies mathematical algorithms to correlate Particle Count and Area data to the Universal Cotton Standards for Leaf Grade which serve as the ultimate comparison for cotton grading. A pilot project was conduct by AMS during 2009 and 2010 cotton classing seasons to evaluate the accuracy of the proposed instrument leaf grade determination process. Results showed that the HVI measures leaf as compared back to the Universal Cotton Standards for Leaf Grade more accurately than cotton classers. This rule amends the cotton classification process, replacing the classer's leaf determination with the instrument leaf measurement made by the HVI system. Instrument leaf grading is expected to improve the repeatability, consistency and accuracy of leaf grade classification data provided to the cotton industry, while improving operational efficiency. In § 27.2 (n), the definition of the term “classification” is revised to reflect the changes in procedures made under 7 CFR part 28. Also under 7 CFR part 27, § 27.31 is revised to reflect the deletion of the requirement for cotton classers to manually determine leaf grade. The revised section reflects the changes made in procedures for determination of cotton quality in accordance with the official standards. In 7 CFR part 28, § 28.8 is revised to reflect the change in cotton classification procedures which replaces classer visual examinations to determine leaf grade with instrument leaf measurement by HVI systems. In addition, miscellaneous other changes are made to 7 CFR parts 27 and 28 to better reflect current procedures in view of leaf determination change. For example, those determinations made by cotton classers or by authorized Cotton Program employees are specified. Summary of Comments A proposed rule was published on December 23, 2011, with a comment period of December 23, 2011 through January 9, 2012 (76 FR 80278). AMS received four comments: One from a national trade organization that represents approximately 80 percent of the US cotton industry, including cotton producers, ginners, warehousemen, merchants, cooperatives, cottonseed processors, and textile manufacturers from Virginia to California; one from a national trade organization comprised of eight state and regional membership organizations that represent approximately 680 individual cotton ginning operations in 17 cotton-producing states; one from a national trade organization representing cotton merchant firms that handle over 80 percent of the U.S. cotton sold in domestic and foreign markets; and one from an individual commenter who grades cotton. The comments from the trade organizations were supportive of both the proposed changes while the individual commenter was opposed. The comments may be viewed at *www.regulations.gov.* Comments from the three national trade organizations expressed support for AMS using instrument leaf grading as the method for determining official leaf grades. Furthermore, each of these organizations recognized how thorough testing conducted by AMS throughout both the 2009 and 2010 classing seasons demonstrated improvements in both the consistency and repeatability of leaf grade determination. One individual commenter expressed concerns about the accuracy of instrument-determined leaf grades, the timing of the regulatory change, and the length of the comment period. The commenter stated their belief that instrument leaf grading is not a more accurate means to grade cotton over a human classer. AMS began using the instrument-based system on a trial basis, with the ability of classers to overwrite inaccurately assigned data, during the 2009 and 2010 cotton crops. Results demonstrated significant improvements in accuracy and repeatability as factors such as grader fatigue and central tendency were eliminated. Trial results were presented at numerous open-forum discussions conducted throughout the Cotton Belt to ensure that technical and operational information was fully and accurately communicated to the various segments of the U.S. cotton industry. AMS graders in all field offices evaluated the process change for accuracy, provided feedback, and were briefed on the impact the change would have on streamlining their duties. AMS integrated these graders' feedback to help refine the computer system used for assigning the leaf grade. The timeline for implementing the process change was scheduled around the completion of critical software programing modifications made to more than four hundred proprietary AMS Information Technology

(IT)programs. These computer programs ensure the accurate calculation, secure storage, and seamless flow of cotton quality data, while providing timely information to managers for the evaluation of equipment and employees. With the industry's acceptance, approval, and recommendation to implement, the expectation was that software modifications and the regulatory process would conclude concurrently prior to the beginning of the 2011 crop. However, changes in the timeline have resulted in finalization at this time. The comment period time frame was deemed appropriate to implement instrument leaf grading as soon as possible in order to allow the cotton industry to fully benefit from the increased accuracy and repeatability of cotton leaf data provided by instrument leaf grading during the current classing season. The timing of the comment period fell coincidentally during the Annual Cotton Beltwide Conference—the largest single gathering of representative of all segments of the U.S. cotton industry. AMS used this forum to notify constituents of the opportunity to submit comments. 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 an estimated 25,000 cotton growers, merchants, and textile manufacturers in the U.S. who voluntarily use the AMS cotton classing services annually under the United States Cotton Standards Act of 1923, as amended, the Cotton Statistics and Estimates Act of 1927, and the U.S. Cotton Futures Act. The majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). The change in procedures will not significantly affect small businesses as defined in the RFA because:

(1)Classification will continue to be based upon the Universal Cotton Standards for Leaf Grade established and maintained by the Department;

(2)The HVI measurement has been a part of the official classification record since 1991. Implementation of the revision for all cotton classification will not affect competition in the marketplace or adversely impact on cotton classification fees; and

(3)The use of cotton classification services is voluntary. For the 2010 crop, 17.6 million bales were produced by growers, and virtually all of them were voluntarily submitted for USDA classification. Futures classification services provided for merchants during the same period totaled approximately 750 thousand bales. 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 is currently approved under OMB control number 0581-0008, Cotton Classing, Testing and Standards. Pursuant to 5 U.S.C. 553, it is found that good cause exists for not postponing the effective date of the rule until 30 days after publication in the **Federal Register** because:

(1)The 2011 cotton crop year has already begun;

(2)the industry is familiar with instrument leaf grading process as AMS implemented a pilot project to evaluate the accuracy of the determination for crop years 2009 and 2010; and

(3)there is overall industry support for this change. List of Subjects 7 CFR Part 27 Commodity futures, Cotton. 7 CFR Part 28 Administrative practice and procedure, Cotton. For the reasons set forth in the preamble, 7 CFR parts 27 and 28 are 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. In § 27.2, paragraph

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

(n)*Classification.* The classification of any cotton shall be determined by the quality of a sample in accordance with the Universal Cotton Standards (the official cotton standards of the United States) for the color grade, the leaf grade, and fiber property measurements of American Upland cotton. High Volume Instruments will determine all fiber property measurements except extraneous matter. Cotton classers authorized by the Cotton and Tobacco Programs will determine the presence of extraneous matter. 3. Section 27.31 is revised to read as follows: § 27.31 Classification of Cotton. For purposes of subsection 15b

(f)of The Act, classification of cotton is the determination of the quality of a sample in accordance with the Universal Cotton Standards (the official cotton standards of the United States) for the color grade and leaf grade of American upland cotton, and fiber property measurements such as micronaire. High Volume Instruments will determine all fiber property measurements except extraneous matter. High Volume Instrument colormeter measurements will be used for determining the official color grade. Cotton classers authorized by the Cotton and Tobacco Programs will determine the presence of extraneous matter and authorized employees of the Cotton and Tobacco Programs will determine all fiber property measurements using High Volume Instruments. PART 28—[AMENDED] 3. The authority citation for 7 CFR part 28 continues to read as follows: Authority: 7 U.S.C. 55 and 61. 4. Section 28.8 is revised to read as follows: § 28.8 Classification of cotton; determination. For the purposes of The Act, the classification of any cotton shall be determined by the quality of a sample in accordance with Universal Cotton Standards (the official cotton standards of the United States) for the color grade and the leaf grade of American upland cotton, the length of staple, and fiber property measurements such as micronaire. High Volume Instruments will determine all fiber property measurements except extraneous matter, special conditions and remarks. High Volume Instrument colormeter measurements will be used for determining the official color grade. Cotton classers authorized by the Cotton and Tobacco Programs will determine the presence of extraneous matter, special conditions and remarks and authorized employees of the Cotton and Tobacco Programs will determine all fiber property measurements using High Volume Instruments. The classification record of a Classing Office or the Quality Control Division with respect to any cotton shall be deemed to be the classification record of the Department. Dated: March 30, 2012. Robert C. Keeney, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2012-8125 Filed 4-4-12; 8:45 am]

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