Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 25947 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the committees and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the season began on 

April 1. Further, handlers are aware of 

this rule, which was recommended at 

public meetings. Also a 15-day 

comment period was provided for in the 

proposed rule. 

List of Subjects 

7 CFR Part 916 

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917 

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR parts 916 and 917 are 

amended as follows: 

■ 1. The authority citation for 7 CFR 

parts 916 and 917 continues to read as 

follows: 

Authority: 7 U.S.C. 601–674. 

PART 916—NECTARINES GROWN IN 

CALIFORNIA 

■ 2. Add § 916.235 to read as follows: 

§ 916.235 Delinquent assessments. 

(a) The Nectarine Administrative 

Committee shall impose a late payment 

charge on any assessment that has not 

been received in the Nectarine 

Administrative Committee’s office, or 

legibly postmarked by the U.S. Postal 

Service, within 60 days of the invoice 

date shown on the handler’s assessment 

statement. The late payment charge 

shall be 10 percent of the unpaid 

balance. 

(b) In addition to that specified in 

paragraph (a) of this section, the 

Nectarine Administrative Committee 

shall impose an interest charge on any 

assessment payment that has not been 

received in the committee’s office, or 

legibly postmarked by the U.S. Postal 

Service, within 60 days of the invoice 

date. The interest charge shall be 1.5 

percent per month and shall be applied 

to the unpaid balance and late payment 

charge for the number of days all or any 

part of the assessment specified in the 

handler’s assessment statement is 

delinquent beyond the 60 day payment 

period. 

PART 917—PEACHES GROWN IN 

CALIFORNIA 

■ 3. Add § 917.259 to read as follows: 

§ 917.259 Delinquent assessments. 

(a) The Peach Commodity Committee 

shall impose a late payment charge on 

any assessment that has not been 

received in the Peach Commodity 

Committee’s office, or legibly 

postmarked by the U.S. Postal Service, 

within 60 days of the invoice date 

shown on the handler’s assessment 

statement. The late payment charge 

shall be 10 percent of the unpaid 

balance. 

(b) In addition to that specified in 

paragraph (a) of this section, the Peach 

Commodity Committee shall impose an 

interest charge on any assessment 

payment that has not been received in 

the Peach Commodity Committee’s 

office, or legibly postmarked by the U.S. 

Postal Service, within 60 days of the 

invoice date. The interest charge shall 

be 1.5 percent per month and shall be 

applied to the unpaid balance and late 

payment charge for the number of days 

all or any part of the assessment 

specified in the handler’s assessment 

statement is delinquent beyond the 60 

day payment period. 

Dated: May 1, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8630 Filed 5–7–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

9 CFR Part 205 

RIN 0580–AA93 

Clear Title; Technical Changes 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, with change, an interim rule that 

amended Clear Title regulations to 

allow States to use an approved unique 

identifier as an alternative to a social 

security number or taxpayer 

identification number in their systems 

providing clear title information. The 

change to the interim rule meets the 

express statutory requirement that an 

approved unique identifier be 

numerically organized on master lists. 

We are making additional changes to the 

clear title regulations as required by the 

amendments made by the 2002 Farm 

Bill. The primary effect of these changes 

will be to protect the identity of the 

producers of farm products. Secondary 

effects of the technical changes will be 

to improve the operation of the program 

and provide the States with more 

flexibility. 

DATES: Effective May 8, 2007, we are 

confirming as final with change, the 

interim rule published on September 27, 

2006 (71 FR 56338). That rule became 

effective on September 27, 2006. 

FOR FURTHER INFORMATION CONTACT: Gary 

McBryde, GIPSA, USDA, 1400 

Independence Avenue, Room 2430, 

Washington, DC 20250–3604; (202) 720–

5552. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule effective September 

27, 2006, and published in the Federal 

Register on September 27, 2006 (71 FR 

56338), we amended the regulations in 

‘‘Subpart—Clear Title-Protection for 

Purchases of Farm Products’’ (9 CFR 205 

205.1–205.210) for the privacy 

protection of certain sellers of farm 

products to allow States to use ‘‘other 

approved unique identifier’’ as an 

alternative to a social security number 

or taxpayer identification number in 

their systems providing clear title 

information. The amendment clarified 

that an ‘‘approved unique identifier’’

means ‘‘a number, combination of 

numbers and letters, or other identifier 

selected by the Secretary of State using 

a selection system or method approved 

by the Secretary of Agriculture.’’

We solicited comments concerning 

the interim rule. We received two 

comments as a result of publishing the 

interim final rule. The comments 

indicated that not only were Social 

Security Numbers unwarranted and 

unneeded, but also that unique 

identifiers were not needed. We 

consider the comments to be directed 

towards the current Act, not the 

regulations providing guidance on 

implementation of the amended Act. 

However, we are making one change 

to the interim rule to further clarify and 

better reflect the statutory text. The 

interim rule definition of ‘‘approved 


cprice-sewell on PROD1PC66 with RULES
25948 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 

unique identifier’’ is changed to ‘‘a 

combination of numbers selected by the 

Secretary of State using a selection 

system or method approved by the 

Secretary of Agriculture.’’ The change to 

the interim rule meets the express 

statutory requirement in section 

1324(c)(2)(C) of the amended Food 

Security Act of 1985 that an approved 

unique identifier be numerically 

organized on master lists. The definition 

in the interim rule would have 

permitted, contrary to the statutory text, 

an identifier that may not have been 

able to be numerically organized in the 

master list. 

This final rule also affirms the 

information contained in the interim 

rule concerning Executive Order 12372 

and 12988, and the Paperwork 

Reduction Act. 

Further, for this action, the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

List of Subjects in 9 CFR Part 205 

Agricultural commodities, Archives 

and records, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

■ Accordingly, the interim rule that 

amended 9 CFR part 205 and that was 

published at 71 FR 56338 on September 

27, 2006, is adopted with the following 

change: 

PART 205—CLEAR TITLE 

PROTECTION FOR PURCHASES OF 

FARM PRODUCTS 

■ 1. Amend § 205.1 by revising the 

definition of ‘‘approved unique 

identifier’’ to read as follows: 

§ 205.1 Definitions 

* * * * * 

Approved Unique Identifier means a 

combination of numbers selected by the 

Secretary of State using a selection 

system or method approved by the 

Secretary of Agriculture. 

Alan Christian, 

Acting Administrator, Grain Inspection, 

Packers and Stockyards Administration. 

[FR Doc. E7–8794 Filed 5–7–07; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Parts 509 and 585 

[OTS–2007–0008] 

RIN 1550–AC14 

Prohibited Service at Savings and 

Loan Holding Companies 

AGENCIES: Office of Thrift Supervision 

(OTS), Treasury. 

ACTION: Interim final rule with request 

for comment. 

SUMMARY: OTS is adopting an interim 

final rule implementing section 710(a) 

of the Financial Services Regulatory 

Relief Act of 2006, which added a new 

section 19(e) to the Federal Deposit 

Insurance Act (FDIA). Section 19(e) of 

the FDIA prohibits any person who has 

been convicted of any criminal offense 

involving dishonesty or a breach of 

trust, or money laundering or has agreed 

to enter into a pretrial diversion or 

similar program in connection with a 

prosecution for such an offense from 

holding certain positions with respect to 

a savings and loan holding company 

(SLHC). The interim final rule describes 

the actions that are prohibited under the 

new statute and describes procedures 

for applying for an OTS order granting 

a case-by-case exemption. The rule also 

provides two regulatory exemptions: An 

exemption for certain SLHC employees 

whose activities and responsibilities are 

limited solely to agriculture, forestry, 

retail merchandising, manufacturing, or 

public utilities operations, and a 

temporary exemption for certain 

persons who held positions with respect 

to a SLHC as of the date of enactment 

of section 19(e) of the FDIA. 

DATES: The interim final rule is effective 

on May 8, 2007. Comments on the rule 

must be received by July 9, 2007. 

ADDRESSES: You may submit comments, 

identified by OTS–2007–0008, by any of 

the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Office of Thrift Supervision’’ from the 

agency drop-down menu, then click 

submit. Select Docket ID ‘‘OTS–2007–

0008’’ to submit or view public 

comments and to view supporting and 

related materials for this notice of 

proposed rulemaking. The ‘‘User Tips’’

link at the top of the page provides 

information on using Regulations.gov, 

including instructions for submitting or 

viewing public comments, viewing 

other supporting and related materials, 

and viewing the docket after the close 

of the comment period. 

• Mail: Regulation Comments, Chief 

Counsel’s Office, Office of Thrift 

Supervision, 1700 G Street, NW., 

Washington, DC 20552, Attention: OTS–

2007–0008. 

• Hand Delivery/Courier: Guard’s 

Desk, East Lobby Entrance, 1700 G 

Street, NW., from 9 a.m. to 4 p.m. on 

business days, Attention: Regulation 

Comments, Chief Counsel’s Office, 

Attention: OTS–2007–0008. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be entered into 

the docket and posted on 

Regulations.gov without change, 

including any personal information 

provided. Comments, including 

attachments and other supporting 

materials received are part of the public 

record and subject to public disclosure. 

Do not enclose any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

Viewing Comments Electronically: Go 

to http://www.regulations.gov, select 

‘‘Office of Thrift Supervision’’ from the 

agency drop-down menu, then click 

‘‘Submit.’’ Select Docket ID ‘‘OTS–

2007–0008’’ to view public comments 

for this notice of proposed rulemaking. 

Viewing Comments On-Site: You may 

inspect comments at the Public Reading 

Room, 1700 G Street, NW., by 

appointment. To make an appointment 

for access, call (202) 906–5922, send an 

e-mail to public.info@ots.treas.gov, or 

send a facsimile transmission to (202) 

906–6518. (Prior notice identifying the 

materials you will be requesting will 

assist us in serving you.) We schedule 

appointments on business days between 

10 a.m. and 4 p.m. In most cases, 

appointments will be available the next 

business day following the date we 

receive a request. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deale, Director, Holding 

Companies and Affiliates, Supervision 

Policy, (202) 906–7488, or Karen 

Osterloh, Special Counsel, Regulations 

and Legislation, (202) 906–6639, Office 

of Thrift Supervision, 1700 G Street, 

NW., Washington, DC 20552. 

SUPPLEMENTARY INFORMATION:

I. Background 

Under section 19(a) of the FDIA, a 

person who has been convicted of any 

criminal offense involving dishonesty or 

a breach of trust, or money laundering 

or has agreed to enter into a pretrial 

diversion or similar program in 

connection with a prosecution for such 

an offense may not: 


cprice-sewell on PROD1PC66 with RULES