This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

31719 

Vol. 77, No. 104 

Wednesday, May 30, 2012 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 58 

[AMS–DA–10–0055] 

Grading and Inspection, General 

Specifications for Approved Plants and 

Standards for Grades of Dairy 

Products; General Specifications for 

Dairy Plants Approved for USDA 

Inspection and Grading Service 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This document amends the 

General Specifications for Dairy Plants 

Approved for United States Department 

of Agriculture (USDA) Inspection and 

Grading Service (General Specifications) 

by raising the maximum allowable 

somatic cell count in producer herd goat 

milk from 1,000,000 cells per milliliter 

to 1,500,000 cells per milliliter. This 

will ensure that goat milk can continue 

to be shipped and recognizes that goats 

have a need for different regulatory 

limits for somatic cells than cows. In 

addition this document eliminates 

mandatory sediment testing on producer 

milk except for milk in cans. The 

requirement for sediment testing has 

become outdated and is no longer 

needed. 

DATES: Effective: June 29, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Susan Sausville, Chief, Standardization 

Branch, Dairy Programs, AMS, USDA, 

telephone (202) 720–9382 or email 

Susan.Sausville@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

A. 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). 

B. Regulatory Flexibility Act 

The final rule has been reviewed in 

accordance with the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), and AMS has considered the 

economic impact of this action on small 

entities. It is determined that its 

provisions will not have a significant 

economic impact on a substantial 

number of small entities. 

AMS provides, under the authority of 

the Agricultural Marketing Act of 1946, 

voluntary, user-fee funded inspection 

and grading services to approximately 

400 dairy manufacturing plants. All of 

the dairy manufacturing plants utilizing 

the program would be considered small 

businesses under the criteria established 

by the Small Business Administration 

(13 CFR 121.201). 

These amendments will not have a 

significant economic impact since 

participation in the USDA-approved 

plant program is voluntary and the cost 

to those utilizing the program will not 

increase. 

C. Civil Justice Reform 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have retroactive effect. 

There are no administrative procedures 

that must be exhausted prior to any 

judicial challenge to the provisions of 

this rule. 

D. Paperwork Reduction Act 

The information collection 

requirements that appear in Part 58 of 

the regulations have been previously 

approved by OMB and assigned OMB 

Control Number 0581–0110 under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). This action will not impose 

any additional reporting or 

recordkeeping requirements on large or 

small dairy processors. 

Background and Changes 

The change for goat milk raises the 

maximum allowable somatic cell count 

from 1,000,000 to 1,500,000 cells per 

milliliter. Due to inherent differences 

between cows and goats, goat milk with 

a somatic cell count of 1,500,000 cells 

per milliliter can be produced from a 

healthy, non-mastitic udder and 

therefore is quality milk. The change for 

goat milk will ensure its continued 

shipment and recognizes that goats have 

a need for different regulatory limits for 

somatic cells than cows. The need for a 

separate standard for goat milk was 

recognized by the National Conference 

on Interstate Milk Shipments (NCIMS), 

and a proposal to raise the somatic cell 

count in goat milk was approved at the 

2009 NCIMS Conference. This change 

will align the General Specifications for 

Dairy Plants Approved for USDA 

Inspection and Grading with the Grade 

A requirements for goat milk. 

The change on sediment testing 

eliminates the provisions imposing 

mandatory sediment testing on producer 

milk except for milk in cans. The 

requirement for sediment testing has 

become outdated and is no longer 

needed. The regulations governing 

sediment testing were promulgated in 

1975 before dairy operations started 

using contained milking, storage, and 

transportation facilities for commercial 

milk production. The change in 

sediment testing is based on the fact that 

the majority of milk sold in the United 

States is produced using automated 

milking equipment and systems that 

provide no opportunity for sediment 

contamination. Because milk 

production predominantly occurs in 

clean, modern facilities, using sealed 

lines, storage tanks and sanitary pumps 

with no ‘‘manual handling’’ sediment 

testing is no longer needed except for 

those producers using cans for milk 

collection where there is a risk of 

sediment contamination. 

Public Comments 

On December 23, 2012, the 

Department published a proposed rule 

(76 FR 80280) to amend the General 

Specifications for Dairy Plants 

Approved for USDA Inspection and 

Grading Service. The public comment 

period closed February 23, 2012. One 

comment was received from the 

Chairperson of the Other Species 

Committee of the National Conference 

on Interstate Milk Shipments (NCIMS) 

in support of the proposed amendments. 

List of Subjects in 7 CFR Part 58 

Dairy products, Food grades and 

standards, Food labeling, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 58, Subpart B, is 

amended as follows: 


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31720 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules and Regulations 

PART 58—[AMENDED] 

■ 1. The authority citation for 7 CFR 

part 58 continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

■ 2. Amend § 58.133 by revising 

paragraphs (b)(5) introductory text, 

(b)(5)(ii), and (b)(6) to read as follows: 

§ 58.133 Methods for quality and 

wholesomeness determination. 

* * * * * 

(b) * * * 

(5) Whenever the official test 

indicates the presence of more than 

750,000 somatic cells per ml. (1,500,000 

per ml. for goat milk), the following 

procedures shall be applied: 

* * * * * 

(ii) Whenever two out of the last four 

consecutive somatic cell counts exceed 

750,000 per ml. (1,500,000 per ml. for 

goat milk), the appropriate State 

regulatory authority shall be notified 

and a written notice given to the 

producer. This notice shall be in effect 

as long as two of the last four 

consecutive samples exceed 750,000 per 

ml. (1,500,000 per ml. for goat milk). 

(6) An additional sample shall be 

taken after a lapse of 3 days but within 

21 days of the notice required in 

paragraph (b)(5)(ii) of this section. If this 

sample also exceeds 750,000 per ml. 

(1,500,000 per ml. for goat milk), 

subsequent milkings shall not be 

accepted for market until satisfactory 

compliance is obtained. Shipment may 

be resumed and a temporary status 

assigned to the producer by the 

appropriate State regulatory agency 

when an additional sample of herd milk 

is tested and found satisfactory. The 

producer may be assigned a full 

reinstatement status when three out of 

four consecutive somatic cell count tests 

do not exceed 750,000 per ml. 

(1,500,000 per ml. for goat milk). The 

samples shall be taken at a rate of not 

more than two per week on separate 

days within a 3-week period. 

* * * * * 

■ 3. Amend § 58.134 by revising the 

section heading and paragraphs (b), (c) 

introductory text, (d), and (e) and 

removing paragraphs (c)(1) and (2). 

The revisions read as follows: 

§ 58.134 Sediment content for milk in 

cans. 

(b) Sediment content classification. 

Milk in cans shall be classified for 

sediment content, regardless of the 

results of the appearance and odor 

examination required in § 58.133(a), as 

follows: 

USDA SEDIMENT STANDARD 

No. 1 (acceptable)—not to exceed 0.50 

mg. or equivalent. 

No. 2 (acceptable)—not to exceed 1.50 

mg. or equivalent. 

No. 3 (probational, not over 10 

days)—not to exceed 2.50 mg. or 

equivalent. 

No. 4 (reject)—over 2.50 mg. or 

equivalent. 

(c) Frequency of tests. At least once 

each month, at irregular intervals, one 

or more cans of milk selected at random 

from each producer shall be tested. 

(d) Acceptance or rejection of milk. If 

the sediment disc is classified as No. 1, 

No. 2, or No. 3, the producer’s milk may 

be accepted. If the sediment disc is 

classified No. 4 the milk shall be 

rejected: Provided that, If the shipment 

of milk is commingled with other milk 

in a transport tank the next shipment 

shall not be accepted until its quality 

has been determined before being 

picked up; however, if the person 

making the test is unable to get to the 

farm before the next shipment it may be 

accepted but no further shipments shall 

be accepted unless the milk meets the 

requirements of No. 3 or better. In the 

case of milk classified as No. 3 or No. 

4, all cans shall be tested. Producers of 

No. 3 or No. 4 milk shall be notified 

immediately and shall be furnished 

applicable sediment discs and the next 

shipment shall be tested. 

(e) Retests. On test of the next 

shipment all cans shall be tested. Milk 

classified as No. 1, No. 2, or No. 3 may 

be accepted, but No. 4 milk shall be 

rejected. The producers of No. 3 or No. 

4 milk shall be notified immediately, 

furnished applicable sediment discs and 

the next shipment tested. This 

procedure of retesting successive 

shipments and accepting probational 

(No. 3) milk and rejecting No. 4 milk 

may be continued for not more than 10 

calendar days. If at the end of this time 

all of the producer’s milk does not meet 

the acceptable sediment content 

classification (No. 1 or No. 2), it shall be 

rejected. 

* * * * * 

Dated: May 22, 2012. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–13065 Filed 5–29–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2012–0003] 

Asian Longhorned Beetle; Quarantined 

Areas in Massachusetts, Ohio, and 

New York 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the Asian 

longhorned beetle regulations to make 

changes to the list of quarantined areas 

by adding portions of Worcester County, 

MA, and Clermont County, OH, to the 

list of quarantined areas. We are also 

removing a portion of Suffolk County, 

NY, from the list of quarantined areas 

based on our determination that the area 

meets our criteria for removal. These 

actions are necessary to prevent the 

artificial spread of Asian longhorned 

beetle to noninfested areas of the United 

States and to relieve restrictions on 

certain areas that are no longer 

necessary. 

DATES: This interim rule is effective 

May 30, 2012. We will consider all 

comments that we receive on or before 

July 30, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0003- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0003, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0003 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits and 

Manuals, PPQ, APHIS, 4700 River Road, 

Unit 26, Riverdale, MD 20737–1236; 

(301) 851–2352. 


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