76254 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

EU’s supply and demand situation for 

dairy products, as well as to changes in 

the U.S. market. 

Conclusion: The quota-fill rates for 

Swiss, Gruyere, and low-fat type 

cheeses have continued to remain low 

even after transfer to the lottery system 

in recent years. Market conditions are 

always subject to fluctuation and 

change, and it is incumbent upon all 

license holders to adjust to these 

changing conditions. To allow 

additional time to adjust to changes in 

EU supply and demand, due to its longterm dairy policy changes, the 

Department will again temporarily 

suspend the historical license reduction 

provisions for a period of 5 years, 

commencing January 1, 2011. Historical 

license reductions will again be 

implemented beginning 2016, as set 

forth in the proposed rule. In 2016, 

historical license reductions will be 

based on import data from years 2011 

through 2015. 

List of Subjects in 7 CFR Part 6 

Agricultural commodities, Cheese, 

Dairy products, and Imports. 

■ For the reasons set out in the 

preamble, 7 CFR part 6 is amended as 

follows: 

PART 6—IMPORT QUOTAS AND FEES 

Subpart—Dairy Tariff-Rate Import 

Quota Licensing 

■ 1. The authority citation for part 6 

subpart—Dairy Tariff-Rate Import Quota 

Licensing, continues to read as follows: 

Authority: Additional U.S. Notes 6, 7, 8, 

12, 14, 16–23, and 25 to Chapter 4 and 

General Note 15 of the Harmonized Tariff 

Schedule of the United States (19 U.S.C. 

1202), Pub. L. 97–258, 96 Stat. 1051, as 

amended (31 U.S.C. 9701), and secs. 103 and 

404, Pub. L. 103–465, 108 Stat. 4819 (19 

U.S.C. 3513 and 3601). 

■ 2. Section 6.25 (b) is revised to read 

as follows: 

§ 6.25 Allocation of Licenses. 

* * * * * 

(b) Historical licenses for the 2011 

and subsequent quota years (Appendix 

1). 

(1) A person issued a historical 

license for the 2010 quota year will be 

issued a historical license in the same 

amount for the same article from the 

same country for the 2011 quota year 

and for each subsequent quota year 

except that: 

(i) Beginning with the 2016 quota 

year, a person who has surrendered 

more than 50 percent of such historical 

license in at least three of the prior 5 

quota years will thereafter be issued a 

license in an amount equal to the 

average annual quantity entered during 

those 5 quota years. 

(ii) [Reserved] 

* * * * * 

Issued at Washington, DC, the 30th day of 

November 2010. 

Robert Riemenschneider, 

Acting Administrator, Foreign Agricultural 

Service. 

[FR Doc. 2010–30714 Filed 12–7–10; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

7 CFR Part 802 

[Docket # GIPSA–2010–FGIS–0012] 

RIN 0580–AB19 

Official Performance and Procedural 

Requirements for Grain Weighing 

Equipment and Related Grain Handling 

Systems 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Direct final rule. 

SUMMARY: The Grain Inspection, Packers 

and Stockyards Administration (GIPSA) 

Federal Grain Inspection Service (FGIS) 

is amending the regulations issued 

under the United States Grain Standards 

Act (USGSA), as amended, to 

incorporate by reference the applicable 

requirements of the 2008 edition of the 

National Institute of Standards and 

Technology (NIST) Handbook 44, 

‘‘Specifications, Tolerances, and Other 

Technical Requirements for Weighing 

and Measuring Devices,’’ (NIST 

Handbook 44, issued October 2007). 

DATES: This rule is effective March 8, 

2011 without further action, unless 

adverse comments or written notice of 

intent to submit adverse comments are 

received by January 7, 2011. If adverse 

comments are received, GIPSA will 

publish a timely withdrawal of the rule 

in the Federal Register. The 

incorporation by reference of certain 

publications in this rule is approved by 

the Director of the Federal Register as of 

March 8, 2011. 

ADDRESSES: We invite you to submit 

comments on this direct final rule by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Tess Butler, GIPSA, USDA, 

1400 Independence Avenue, SW., room 

1643–S, Washington, DC 20260–3642. 

• E-mail comments to 

comments.gipsa@usda.gov. 

• Fax: (202) 690–2173. 

Instructions: All comments will 

become a matter of public record and 

should be identified as ‘‘NIST Handbook 

44 IBF Comments,’’ making reference to 

the date and page number of this issue 

of the Federal Register. Comments will 

be available for public inspection at 

http://www.regulations.gov and in the 

above office during regular business 

hours (7 CFR 1.27(b)). Please contact the 

GIPSA Management Support Staff at 

(202) 720–7486 to make an appointment 

to read the comments received. 

FOR FURTHER INFORMATION CONTACT: 

Robert S. Lijewski, Director, Field 

Management Division by E-mail at 

robert.s.lijewski@usda.gov, or by 

telephone at (202) 720–0228. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the provisions of the USGSA (7 

U.S.C. 71–87k), grain exported from the 

U.S. must be officially inspected and 

weighed. Sections 802 and 802.1 of the 

USGSA regulations (7 CFR 802.0–802.1) 

set forth certain procedures, 

specifications, tolerances, and other 

technical requirements for grain 

weighing equipment and related grain 

handling systems used in performing 

Class X and Class Y official weighing 

services. GIPSA management has 

reviewed these regulations and 

determined that they still serve their 

intended purpose, are consistent with 

GIPSA’s statutory authority and policy, 

and should remain in effect. In order to 

update the USGSA regulations, 

however, GIPSA is incorporating by 

reference the 2008 edition of NIST 

Handbook 44 into the USGSA 

regulations (7 CFR 802.0(a)). Those 

provisions in NIST Handbook 44 that 

obviously do not pertain to GIPSA 

services are not being incorporated and 

are listed in section 802.0(b) of the 

USGSA regulations (7 CFR 802.0(b)). 

Direct Final Action 

GIPSA is revising § 802.0(a) of the 

USGSA regulations (7 CFR 802.0(a)) by 

incorporating by reference the following 

sections only of the 2008 edition of 

NIST Handbook 44: 

Section 1.10 General Code 

Section 2.20 Scales 

Section 2.22 Automatic Bulk Weighing 

Systems 

Section 2.23 Weights 

Pursuant to 5 U.S.C. 553, it is found 

and determined upon good cause that it 

is impracticable, unnecessary, and 

contrary to public interest to give 

preliminary notice prior to putting this 


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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 76255 

direct final rule in effect because GIPSA 

regularly updates this section of the 

USGSA regulations to incorporate by 

reference NIST Handbook 44. Further, 

GIPSA views this action as 

noncontroversial and anticipates no 

adverse public comment. This rule will 

be effective, as published in this 

document, 90 days after the date of 

publication in the Federal Register, 

unless GIPSA receives written adverse 

comments or written notice of intent to 

submit adverse comments within 30 

days of the date of publication of this 

rule in the Federal Register. Adverse 

comments are considered to be those 

comments that suggest the rule should 

not be adopted or suggest the rule 

should be changed. 

If GIPSA receives written adverse 

comments or written notice of intent to 

submit adverse comments, we will 

publish a notice in the Federal Register 

withdrawing this rule before the 

effective date. GIPSA will then publish 

a proposed rule for public comment. 

Following the close of that comment 

period, the comments will be 

considered thoughtfully, and a final rule 

addressing the comments will be 

published. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been determined to be 

not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by OMB. 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (5 

U.S.C. 601–612), it has been determined 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. GIPSA has 

determined that most users of the 

official weighing service and those 

entities that perform these services do 

not meet the requirements for small 

entities. This rule will affect entities 

engaged in shipping grain to and from 

points within the United States and 

exporting grain from the United States. 

GIPSA estimates approximately 9,000 

off farm storage facilities and 57 export 

elevators in the United States could 

receive official weighing services by 

GIPSA, delegated States, or designated 

agencies. GIPSA also estimates this rule 

affects 18 scale manufacturing and 39 

scale service companies who provide 

weighing equipment and service to 

these elevators and storage facilities. 

Eight GIPSA field offices, 2 Federal/ 

State offices, 4 GIPSA sub offices, 7 

delegated States, and 25 designated 

agencies provide official weighing 

service. Under provisions of the 

USGSA, it is not mandatory for nonexport grain to be officially weighed 

except for grain being loaded onto ships 

located in export port locations. Further, 

most users of the official weighing 

services and those entities that perform 

these services do not meet the 

requirements for small entities. Even 

though some users could be considered 

small entities, this rule only updates 

regulatory requirements that make 

GIPSA weighing guidelines consistent 

with State weights and measures 

organizations’ laws and regulations that 

automatically adopt NIST Handbook 44 

on a yearly basis. Updating these 

requirements will help manufacturers of 

weighing equipment and grain elevators 

avoid making, installing, and 

maintaining equipment to meet two sets 

of design and performance requirements 

for commercial and official weighing to 

meet old as well as new specifications. 

Since regulated entities are required 

under State law to comply with NIST 

Handbook 44, no additional cost or 

burden is expected to result from this 

action. 

Executive Order 12988 

This direct final rule has been 

reviewed under Executive Order 12988, 

Civil Justice Reform. This action is not 

intended to have retroactive effect. The 

USGSA provides in section 87g (7 

U.S.C. 87g) that no State or subdivision 

thereof may require or impose any 

requirements or restrictions concerning 

the inspection, weighing, or description 

of grain under the USGSA. Otherwise, 

this direct final rule would not preempt 

any State or local laws, or regulations, 

or policies unless they present an 

irreconcilable conflict with this rule. 

There are no administrative procedures 

which must be exhausted prior to any 

judicial challenge to the provisions of 

this direct final rule. 

Paperwork Reduction Act 

In compliance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the information collection 

and recordkeeping requirements in Part 

802 have been approved previously by 

OMB No. 0580–0013 which expires on 

April 30, 2011. 

E-Government Act Compliance 

GIPSA 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 802 

Administrative practice and 

procedure, Export, Grain, Incorporation 

by reference, Reporting and 

recordkeeping requirements. 

■ For reasons set forth in the preamble, 

7 CFR Part 802 is amended as follows: 

PART 802—OFFICIAL PERFORMANCE 

AND PROCEDURAL REQUIREMENTS 

FOR GRAIN WEIGHING EQUIPMENT 

AND RELATED GRAIN HANDLING 

SYSTEMS 

■ 1. The authority citation for Part 802 

continues to read as follows: 

Authority: 7 U.S.C. 71–87k. 

■ 2. Section 802.0 is revised to read as 

follows: 

§ 802.0 Applicability. 

(a) The requirements set forth in this 

part 802 describe certain specifications, 

tolerances, and other technical 

requirements for grain weighing 

equipment and related grain handling 

systems used in performing Class X and 

Class Y weighing services, official 

inspection services, and commercial 

services under the Act. All scales used 

for official grain weight and inspection 

certification services provided by FGIS 

must meet applicable requirements 

contained in the FGIS Weighing 

Handbook, the General Code, the Scales 

Code, the Automatic Bulk Weighing 

Systems Code, and the Weights Code of 

the 2008 edition of National Institute of 

Standards and Technology (NIST) 

Handbook 44, ‘‘Specifications, 

Tolerances, and Other Technical 

Requirements for Weighing and 

Measuring Devices’’ (Handbook 44); and 

NIST Handbook 105–1 (1990 Edition), 

‘‘Specifications and Tolerances for 

Reference Standards and Field Standard 

Weights and Measures,’’ (Handbook 

105–1). These requirements are 

confirmed to be met by having National 

Type Evaluation Program type approval. 

Scales used for commercial purposes 

will be required to meet only the 

applicable requirements of the 2008 

edition of the NIST Handbook-44. 

Pursuant to the provisions of 5 U.S.C. 

552(a), with the exception of the 

Handbook 44 requirements listed in 

paragraph (b), the materials in 

Handbooks 44 and 105–1 are 

incorporated by reference as they exist 

on the date of approval and a notice of 

any change in these materials will be 

published in the Federal Register. This 

incorporation by reference was 

approved by the Director of the Federal 

Register on March 8, 2011, in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. The NIST Handbooks are 

for sale by the National Conference of 

Weights and Measures (NCWM), 1135 M 

Street, Suite 110, Lincoln, Nebraska 

68508. Information on these materials 


jlentini on DSKJ8SOYB1PROD with RULES
76256 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Rules and Regulations 

1Presidential Statement Signing the Social 

Security Act, August 14, 1935. Available at: 

http://www.ssa.gov/history/fdrstmts.html#signing. 

2Section 216(l) of the Act provides for a gradual 

increase in the full retirement age from age 65 to 

age 67. The change first affected those workers born 

in 1938. By 2027, the incremental increases will be 

complete and a full retirement age of 67 will be 

applicable to all workers born in 1960 or later. 

These provisions do not change the age at which 

a worker can take early retirement at a reduced 

benefit amount, which remains age 62. 

may be obtained from NCWM by calling 

402–434–4880, by E-mailing 

nfo@ncwm.net, or on the Internet at 

http://www.nist.gov/owm. 

(b) The following Handbook 44 

requirements are not incorporated by 

reference: 

Scales (2.20) 

S.1.8. Computing Scales 

S.1.8.2. Money-Value Computation 

S.1.8.3. Customer’s Indications 

S.1.8.4. Recorded Representations, Point of 

Sale 

S.2.5.2. Jeweler’s, Prescription, & Class I & II 

Scales 

S.3.3. Scoop Counterbalance 

N.1.3.2. Dairy-Product Test Scales 

N.1.5. Discrimination Test (Not adopted for 

Grain Test Scales only) 

N.1.8. Material Tests 

N.3.1.2. Interim Approval 

N.3.1.3. Enforcement Action For Inaccuracy 

N.4. Coupled-in-Motion Railroad Weighing 

Systems 

N.6. Nominal Capacity of Prescription Scales 

T.1.2. Postal and Parcel Post Scales 

T.2.3. Prescription Scales 

T.2.4. Jewelers’ Scales (all sections) 

T.2.5. Dairy—Product—Test Scales (all 

sections) 

T.N.3.9. Materials Test on Customer— 

Operated Bulk—Weighing Systems for 

Recycled Materials 

UR.1.4. Grain Test Scales: Value of Scale 

Divisions 

UR.3.1. Recommended Minimum Load 

UR.3.1.1. Minimum Load, Grain Dockage 

Automatic Bulk Weighing Systems (2.22) 

N.1.3. Decreasing-Load Test 

J. Dudley Butler, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. 2010–30712 Filed 12–7–10; 8:45 am] 

BILLING CODE 3410–KD–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA 2009–0073] 

RIN 0960–AH07 

Amendments to Regulations 

Regarding Withdrawal of Applications 

and Voluntary Suspension of Benefits 

AGENCY: Social Security Administration. 

ACTION: Final rule with request for 

comments. 

SUMMARY: We are modifying our 

regulations to establish a 12-month time 

limit for the withdrawal of old-age 

benefits applications, allow one 

withdrawal per lifetime, and limit the 

voluntary suspension of benefits for 

purposes of receiving delayed 

retirement credits to months for which 

you have not received a payment. We 

are making these changes to revise 

current policies that have the potential 

for misuse. 

DATES: This final rule will be effective 

December 8, 2010. To ensure that your 

comments are considered, we must 

receive them no later than February 7, 

2011. 

ADDRESSES: You may submit comments 

by any one of three methods—Internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2009–0073 so that we may 

associate your comments with the 

correct regulation. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments via the 

Internet. Please visit the Federal 

eRulemaking portal at http:// 

www.regulations.gov. Use the Search 

function to find docket number SSA– 

2009–0073. The system will issue a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to a week for 

your comment to be viewable. 

2. Fax: Fax comments to (410) 966– 

2830. 

3. Mail: Mail your comments to the 

Office of Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, 

Maryland 21235–6401. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at http://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Deidre Bemister, Social Insurance 

Specialist, Social Security 

Administration, Office of Income 

Security Programs, Office of 

Applications and Electronic Services 

Support Policy, 2500 Operations 

Building, 6401 Security Boulevard, 

Baltimore, Maryland 21235, 410–966– 

6223. For information on eligibility or 

filing for benefits, call our national tollfree number, 1–800–772–1213 or TTY 

1–800–325–0778, or visit our Internet 

site, Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION:

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

In 1935, Congress passed the Social 

Security Act (Act), which established 

and funded the Social Security program. 

In his Presidential signing statement, 

President Franklin D. Roosevelt 

affirmed that the lawmakers intended 

the Act to ‘‘give some measure of 

protection to the average citizen and to 

his family against the loss of a job and 

against poverty-ridden old age.’’ 1 Due to 

concerns about the solvency of the 

Social Security program, in 1977 

Congress passed amendments to the Act 

designed to restore the long-term 

balance of the program. Among the 

changes enacted was a delayed 

retirement credit (DRC) that increased 

benefits for those who delay retirement 

past full retirement age (FRA).2

Workers choose when to apply for 

old-age benefits. Workers who apply for 

old-age benefits at FRA will receive full 

benefit rates. Workers may also choose 

to apply before or after FRA. Workers 

who apply between age 62 and FRA will 

receive benefit amounts reduced by a 

certain percentage for each month they 

collect benefits before FRA. Workers 

who apply between FRA and age 70 will 

receive amounts increased by a certain 

percentage for each month they forego 

benefit payments after FRA. Workers 

who live to their average life 

expectancies will receive about the 

same amount in lifetime benefits, 

regardless if they began receiving 

benefits at age 62, FRA, age 70, or any 

age in between. 

Benefit Application Withdrawal 

Workers occasionally reconsider their 

having applied for old-age benefits. 

Continued work is a common reason for 

such reconsideration. The income from 

continued work may bring workers 

earnings over the annual earnings limit 

and require us to withhold benefits. 

Although the Act does not include a 

specific provision concerning 


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