71568 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Proposed Rules 

81.4 would be amended to delete 

language that GAO records may be 

requested via a link on GAO’s Web site. 

GAO will continue to accept requests 

for GAO records by e-mail. Paragraph 

(m) of section 81.6 would be amended 

to correctly identify the entity within 

GAO that operates GAO FraudNet. 

List of Subjects in 4 CFR Part 81 

Administrative practice and 

procedure, Archives and records, 

Computer technology, Electronic 

products, Freedom of information, 

Public reading room, Requests for 

records. 

For the reasons stated in the 

preamble, the Government 

Accountability Office proposes to 

amend 4 CFR part 81 as follows: 

PART 81—PUBLIC AVAILABILITY OF 

GOVERNMENT ACCOUNTABILITY 

OFFICE RECORDS 

1. The authority citation for part 81 

continues to read: 

Authority: 31 U.S.C. 711. 

2. Amend § 81.1 by revising the first 

sentence of paragraph (a), revising 

paragraph (b), and adding paragraph (c) 

to read as follows: 

§ 81.1 Purpose and scope of part. 

(a) This part implements the policy of 

the U.S. Government Accountability 

Office (GAO) with respect to the public 

availability of GAO records, except as 

set forth in paragraph (b) of this section. 

* * * 

(b) GAO published testimonies, 

reports, decisions, special publications, 

or listings of publications are not 

included within the scope of this part. 

These documents may be obtained from 

the GAO Web site, http://www.gao.gov, 

or by telephone at 202–512–6000, TDD 

202–512–2537, or 1–866–801–7077 (toll 

free). These publications may be 

downloaded free of charge from the 

GAO Web site. Paper copies requested 

from GAO are subject to a printing, 

shipping, and handling fee. 

(c) Requests for all other GAO records 

are within the scope of this part and 

should be submitted to GAO as directed 

in § 81.4(a). 

3. Revise § 81.2 to read as follows: 

§ 81.2 Administration. 

GAO’s Chief Quality Officer 

administers this part and may 

promulgate such supplemental rules or 

regulations as may be necessary. 

§ 81.4 [Amended] 

4. In § 81.4, remove the second 

sentence of paragraph (a). 

5. Amend § 81.6 by revising 

paragraphs (g) and (m) to read as 

follows: 

§ 81.6 Records which may be exempt from 

disclosure. 

* * * * * 

(g) Records compiled for law 

enforcement purposes that originate in 

another agency, or records provided by 

GAO to another agency for law 

enforcement purposes. 

* * * * * 

(m) Unsolicited records containing 

information submitted by any person to 

GAO in confidence. Records obtained by 

the GAO Forensic Audits and Special 

Investigations (GAO FraudNet) are an 

example of records that could contain 

information covered by this exemption. 

6. Amend § 81.8 by adding a new 

second sentence, and revising the last 

sentence as follows: 

§ 81.8 Public reading facility. 

* * * To determine if a record is part 

of the public reading facility collection 

and to schedule an appointment to visit 

the facility, contact the Library reference 

desk at 202–512–2585. The facility is 

open to the public from 8:30 a.m. to 4 

p.m. except Saturdays, Sundays, and 

Federal holidays. 

Lynn H. Gibson, 

Acting General Counsel, U.S. Government 

Accountability Office. 

[FR Doc. 2010–29353 Filed 11–23–10; 8:45 am] 

BILLING CODE 1610–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 59 

[Doc. No. AMS–LS–10–0080] 

Establishment of Negotiated 

Rulemaking Committee for Changes to 

Livestock Mandatory Reporting 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Establishment of Negotiated 

Rulemaking Committee. 

SUMMARY: The U.S. Department of 

Agriculture, Agricultural Marketing 

Service (AMS) is announcing its intent 

to establish a Wholesale Pork Reporting 

Negotiated Rulemaking Committee 

(Committee). The Committee will 

attempt to reach consensus on proposed 

language that AMS will publish as a 

proposed rule in the Federal Register. 

The Committee will include 

representatives of parties who would be 

affected by a final rule. AMS solicits 

comments on this initiative and requests 

interested parties to nominate 

representatives for membership on the 

Committee. 

DATES: Written comments and requests 

for membership must be received on or 

before December 27, 2010. 

ADDRESSES: Comments may be 

submitted electronically at http:// 

www.regulations.gov. Comments may 

also be sent to Michael Lynch, Chief; 

USDA, AMS, LS, LGMN Branch; 1400 

Independence Ave., SW., Room 2619–S; 

Washington, DC 20250; Telephone 

number (202) 720–6231; or Fax (202) 

690–3732. 

Comments should reference docket 

number AMS–LS–10–0080 and note the 

date and page number of this issue of 

the Federal Register. Submitted 

comments will be available for public 

inspection at http:// 

www.regulations.gov, or during regular 

business hours at the above address. All 

comments submitted in response to this 

document will be included in the record 

and will be made available to the 

public. Please be advised that the 

identity of the individuals or entities 

submitting the comments will be made 

public on the Internet at the address 

provided above. 

FOR FURTHER INFORMATION CONTACT: 

Michael Lynch, Chief; USDA, AMS, LS, 

LGMN Branch; 1400 Independence 

Ave., SW., Room 2619–S; Washington, 

DC 20250; Telephone number (202) 

720–6231; or Fax (202) 690–3732. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 1, 2000, AMS published 

the final rule to implement the LMR 

program as required by the Livestock 

Mandatory Reporting Act of 1999 (1999 

Act) (7 U.S.C. 1635–1636h) [65 FR 

75464]. The purpose of the 1999 Act 

was to establish a program of 

information regarding the marketing of 

cattle, swine, lambs, and the products of 

such livestock that provides information 

that can be readily understood by 

producers; improves the price and 

supply reporting services of USDA; and 

encourages competition in the 

marketplace for livestock and livestock 

products. 

The statutory authority for the 

program lapsed on September 30, 2005. 

At that time, AMS sent letters to all 

packers required to report under the 

1999 Act, requesting they continue to 

submit information voluntarily. In 

October 2006, Congress enacted 

legislation to reauthorize the 1999 Act 

through September 30, 2010, and to 

amend the swine reporting requirements 

of the 1999 Act (Reauthorization Act) 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Proposed Rules 71569 

(Pub. L. 109–296). The Reauthorization 

Act re-established the regulatory 

authority for the continued operation of 

the LMR program and separated the 

reporting requirements for sows and 

boars from barrows and gilts, among 

other changes. 

On May 16, 2008, USDA published 

the final regulation to re-establish and 

revise the LMR program (73 FR 28606). 

The rule incorporated the swine 

reporting changes contained within the 

2006 Reauthorization Act, as well as 

enhanced the program’s overall 

effectiveness and efficiency based on 

AMS’ experience in the administration 

of the program. The LMR Final Rule 

became effective on July 15, 2008. AMS 

believed that the rule facilitated open, 

transparent price discovery and 

provided all market participants, both 

large and small, with comparable levels 

of market information for cattle, swine, 

sheep, beef, and lamb meat. 

The Food, Conservation, and Energy 

Act of 2008 (2008 Farm Bill) (Pub. L. 

110–234) directed the Secretary of 

Agriculture (Secretary) to conduct a 

study to determine advantages, 

drawbacks, and potential 

implementation issues associated with 

adopting mandatory wholesale pork 

reporting. The report from this study 

concluded that negotiated wholesale 

pork price reporting is thin and 

becoming thinner and found some 

degree of support for moving to 

mandatory price reporting exists at 

every segment of the industry 

interviewed. That study also concluded 

that the benefits likely would exceed the 

cost of moving from a voluntary to a 

mandatory reporting program for 

wholesale pork. The report was 

delivered to Congress on March 25, 

2010. A copy of the full report is 

available on the AMS Web site at 

http://www.ams.usda.gov/. 

On September 28, 2010, the 

Mandatory Price Reporting Act of 2010 

(2010 Reauthorization Act) (Pub. L. 

111–239) reauthorizing LMR for 5 years 

and adding a provision for mandatory 

reporting of wholesale pork cuts was 

enacted. The 2010 Reauthorization Act 

directs the Secretary to engage in 

negotiated rulemaking to make required 

regulatory changes for mandatory 

wholesale pork reporting. The statute 

requires that the Committee include 

representatives from a specified list of 

interests, as identified in paragraph IV, 

B, Interests Involved, of this document. 

Further, the 2010 Reauthorization Act 

states that any negotiated rulemaking 

committee established by the Secretary 

shall not be subject to the Federal 

Advisory Committee Act (5 U.S.C. 

Appendix 2). 

II. Statutory Provisions 

The Negotiated Rulemaking Act of 

1996 (NRA) (5 U.S.C. 561–570); the 

Mandatory Price Reporting Act of 2010 

(Pub. L. 111–239); the Livestock 

Mandatory Reporting Act of 1999 (7 

U.S.C. 1635–1636i); and 7 CFR part 59. 

III. The Committee and Its Process 

In a negotiated rulemaking, a 

proposed rule is developed by a 

committee composed of representatives 

of government and the interests that will 

be significantly affected by the rule. 

Decisions are made by ‘‘consensus.’’ For 

the purpose of this Committee’s 

proceedings, ‘‘consensus’’ has been 

statutorily defined as unanimous 

concurrence among the interests 

represented unless the Committee 

agrees to a different definition. 

Following receipt of comments on 

membership, AMS will establish a 

negotiated rulemaking committee 

representing the identified interests to 

negotiate the language of the proposed 

rule. AMS will be a member of the 

committee to represent the Federal 

Government’s statutory mission. 

Experience of various Federal 

agencies in negotiated rulemaking has 

demonstrated that using a trained 

neutral party to facilitate the process 

will assist all parties during negotiations 

to identify their real interests, evaluate 

their positions, communicate 

effectively, find common ground, and 

reach consensus where possible. AMS 

plans to engage a third-party facilitator 

for this process. The facilitator will 

serve as the chairman of the Committee. 

After the Committee reaches consensus 

on the provisions of the proposed rule, 

AMS agrees to publish the consensus 

language reached by the committee in 

the Federal Register. 

Section 563 of the NRA requires the 

head of the agency to determine that the 

use of the negotiated rulemaking 

procedure is in the public interest. 

Implementation of mandatory pork 

reporting is required by Congress. 

Congress delegated responsibility to the 

Secretary for determining what 

information is necessary and 

appropriate; and directed that a rule be 

promulgated through the negotiated 

rulemaking process. AMS expects the 

Committee will address issues related 

to, but not limited to, confidentiality, 

transportation, frequency of reporting, 

export data, and product heterogeneity. 

IV. Negotiated Rulemaking Procedures 

In compliance with the NRA, AMS 

will use the following procedures for 

guidelines for this negotiated 

rulemaking. Pursuant to the 2010 

Reauthorization Act, this negotiated 

rulemaking committee shall not be 

subject to the Federal Advisory 

Committee Act (5 U.S.C. Appendix 2). 

AMS may modify these procedures in 

response to comments received on this 

document or during the negotiation 

process. 

A. Committee Formation 

A committee will be formed and 

operated in full compliance with the 

requirements of NRA. 

B. Interests Involved 

AMS intends to ensure full and 

adequate representation of those 

interests that are expected to be 

significantly affected by the proposed 

rule. In determining membership, AMS 

will consider whether the interest 

represented by a member will be 

affected significantly by the final 

product of the Committee and whether 

that interest is already adequately 

represented by other members. Under 

Section 562(5) of the NRA, ‘‘interest’’ 

means, with respect to an issue or 

matter, multiple parties which have a 

similar point of view or which are likely 

to be affected in a similar manner. 

AMS is seeking comments on the 

composition of the Committee and, in 

Section D, Request for Nominations, 

AMS provides a process for the public 

to nominate organizations to be 

appointed to the Committee. However, 

to facilitate the process of identifying a 

Committee and following guidelines 

established by the 2010 Reauthorization 

Act, AMS is proposing the following list 

of organizations serve on the Committee 

to adequately represent the stakeholders 

affected by mandatory pork reporting. 

(i) Organizations representing swine 

producers—American Farm Bureau 

Federation, National Farmers Union, 

National Pork Producers Council; 

(ii) Organizations representing 

packers of pork, processors of pork, 

retailers of pork, and buyers of 

wholesale pork—American Frozen 

Foods Institute, American Meat 

Institute, Food Marketing Institute, 

Grocery Manufacturers Association, 

National Meat Association; 

(iii) Department of Agriculture—AMS; 

(iv) Among interested parties that 

participate in swine or pork 

production—Chicago Mercantile 

Exchange, Livestock Marketing 

Information Center, and other interested 

parties. 

C. Membership 

As directed by the NRA, the 

Committee should not exceed 25 

members. Further, AMS believes that 

this Committee will adequately 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
71570 Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Proposed Rules 

represent the interested parties and 

operate most effectively with no more 

than 12–16 members. The facilitator 

will not count against the membership. 

Section 568(c) of the NRA states: 

Members of a negotiated rulemaking 

committee shall be responsible for their own 

expenses of participation in such committee, 

except that an agency may, in accordance 

with section 7(d) of the FACA, pay for a 

member’s reasonable travel and per diem 

expenses, expenses to obtain technical 

assistance, and a reasonable rate of 

compensation, if (1) Such member certifies a 

lack of adequate financial resources to 

participate in the committee; and (2) The 

agency determines that such member’s 

participation in the committee is necessary to 

assure an adequate representation of the 

member’s interest. 

D. Request for Nominations 

AMS solicits nominations for 

appointment to membership on the 

Committee. Members can be individuals 

or representatives of organizations. An 

organization should identify the 

individual who will be its 

representative. Committee members 

need to have authorization to negotiate 

on behalf of their interests and be 

willing to negotiate in good faith. AMS 

interprets good faith to include: (1) A 

willingness to bring all issues to the 

table; and (2) not to discuss the issues 

in other forums. Good faith also 

includes a willingness to move away 

from taking adversarial positions and 

instead to explore openly all relevant 

and productive ideas that may emerge 

from the discussion of the Committee. 

Authorization for each application or 

nomination must include: 

1. The name of the applicant or 

nominee and a description of the 

interests such person will represent; 

2. A description of the person’s 

qualifications and expertise regarding 

those interests; 

3. Whether the participant will be 

seeking agency resources to participate 

on the committee; and 

4. A written commitment of the 

applicant or nominee to actively 

participate in good faith in the 

negotiated rulemaking. 

E. Tentative Schedule 

Once AMS makes the final 

determination on Committee 

membership, it will publish another 

document in the Federal Register 

announcing the final list of members. A 

proposed agenda and schedule for 

completing the work of the Committee, 

including a date for the first meeting, 

will also be included in the document. 

Once formally established and 

assembled, the Committee will have 

reasonable latitude to determine 

appropriate number and frequency of 

meetings necessary to achieve its 

objectives. However, for planning 

purposes, AMS expects the Committee 

will meet three to four times at various 

locations across the country. AMS 

expects that each meeting will last 

approximately three days. The 

Committee’s work is expected to occur 

over the course of 3 to 4 months in order 

to allow sufficient time to reach 

consensus for a proposed rule. 

AMS and its facilitator will, 

throughout the process, provide 

necessary technical and logistical 

support to the Committee. In addition, 

once the Committee is established, it 

may seek advisors or subject matter 

experts to provide information valuable 

to the decision-making process. 

V. Requests for Nominations and 

Comments 

To comply with negotiated 

rulemaking procedures, AMS invites 

written comments on this initiative and 

nominations for the negotiated 

rulemaking committee. Nominations are 

for all interests that could be affected by 

mandatory pork reporting and must 

comply with paragraph IV, D, Request 

for Nominations, of this document. All 

written comments and nominations 

must be sent to an appropriate address 

as listed in the ADDRESSES section of this 

Notice. 

Dated: November 18, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–29551 Filed 11–23–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2009–BT–TP–0016] 

RIN 1904–AB99 

Energy Conservation Program: Test 

Procedures for Fluorescent Lamp 

Ballasts 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to revise its test 

procedures for fluorescent lamp ballasts 

established under the Energy Policy and 

Conservation Act. The proposed test 

method would eliminate the use of 

photometric measurements in favor of 

purely electrical measurements with the 

goal of reducing measurement variation. 

Furthermore, this proposed test 

procedure would measure a new metric, 

ballast luminous efficiency (BLE), 

which more directly assesses the 

electrical losses in a ballast compared to 

the existing ballast efficacy factor (BEF) 

metric. Rather than testing a ballast with 

a resistive load as proposed in the 

March 24, 2010 notice of proposed 

rulemaking (NOPR), the BLE test 

procedure would measure the 

performance of a ballast while operating 

a fluorescent lamp. 

DATES: DOE will accept comments, data, 

and information regarding this 

supplemental notice of proposed 

rulemaking (SNOPR) no later than 

December 27, 2010. See section V, 

‘‘Public Participation,’’ of this SNOPR 

for details. 

ADDRESSES: Any comments submitted 

must identify the Fluorescent Lamp 

Ballast Active Mode Test Procedure 

SNOPR, and provide the docket number 

EERE–2009–BT–TP–0016 and/or 

Regulation Identifier Number (RIN) 

1904–AB99. Comments may be 

submitted using any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: FLB-2009-TP0016@ee.doe.gov. Include the docket 

number EERE–2009–BT–TP–0016 and/ 

or RIN 1904–AB99 in the subject line of 

the message. 

Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed paper original. 

Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Telephone: 

(202) 586–2945. Please submit one 

signed paper original. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section V, ‘‘Public Participation,’’ of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, visit the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza, SW., Washington, DC 

20024, (202) 586–2945, between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Please call Ms. 

Brenda Edwards at (202) 586–2945 for 

additional information regarding 

visiting the Resource Room. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1