7686 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Proposed Rules 

6See footnote 4. 

of the cancellation. The appeal must 

state all of the facts and reasons upon 

which the person relies to show that the 

compliance agreement was wrongfully 

canceled. As promptly as circumstances 

allow, the Administrator will grant or 

deny the appeal, in writing, stating the 

reasons for the decision. A hearing will 

be held to resolve any conflict as to any 

material fact. Rules of practice 

concerning a hearing will be adopted by 

the Administrator. 

§ 301.55–7 Assembly and inspection of 

regulated articles. 

(a) Any person (other than a person 

authorized to issue limited permits 

under § 301.55*5(c)) who desires a 

certificate or limited permit to move a 

regulated article interstate must request 

an inspector 6 to examine the articles as 

far in advance of the desired interstate 

movement as possible, but no less than 

48 hours before the desired interstate 

movement. 

(b) The regulated article must be 

assembled at the place and in the 

manner the inspector designates as 

necessary to comply with this subpart. 

§ 301.55–8 Attachment and disposition of 

certificates and limited permits. 

(a) A certificate or limited permit 

required for the interstate movement of 

a regulated article must, at all times 

during the interstate movement, be: 

(1) Attached to the outside of the 

container containing the regulated 

article; or 

(2) Attached to the regulated article 

itself if not in a container; or 

(3) Attached to the consignee’s copy 

of the accompanying waybill. If the 

certificate or limited permit is attached 

to the consignee’s copy of the waybill, 

the regulated article must be sufficiently 

described on the certificate or limited 

permit and on the waybill to identify 

the regulated article. 

(b) The certificate or limited permit 

for the interstate movement of a 

regulated article must be furnished by 

the carrier or the carrier’s representative 

to the consignee listed on the certificate 

or limited permit upon arrival at the 

location provided on the certificate or 

limited permit. 

§ 301.55–9 Costs and charges. 

The services of the inspector during 

normal business hours (8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays) will be furnished without 

cost. APHIS will not be responsible for 

all costs or charges incident to 

inspections or compliance with the 

provisions of the quarantine and 

regulations in this subpart, other than 

for the services of the inspector. 

Done in Washington, DC, this 5th day of 

February 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–2477 Filed 2–8–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

9 CFR Part 201 

RIN 0580–AA99 

Weighing, Feed, and Swine 

Contractors 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Proposed rule. 

SUMMARY: We propose to amend four 

existing scales and weighing regulations 

issued under the Packers and 

Stockyards Act (P&S Act) to ensure that 

payments by live poultry dealers and 

swine contractors to poultry and swine 

production contract growers are based 

on accurate weighing of both inputs and 

outputs. We propose to amend a 

regulation on scale tickets to reduce 

redundant wording and clarify weighing 

procedures. We propose to amend a 

regulation on reweighing to add swine 

contractors to the list of firms that must 

comply, and to add feed to the list of 

items for which reweighing may be 

requested. We propose to amend two 

regulations on weighing livestock and 

poultry to add weighing processes for 

feed, to add a specific time limit for 

weighing poultry, and to add swine 

contractors to the list of firms that must 

comply with care and promptness 

requirements. 

DATES: We will consider comments we 

receive by April 11, 2008. 

ADDRESSES: We invite you to submit 

comments on this proposed rule. You 

may submit comments by any of the 

following methods: 

• E-Mail: Send comments via 

electronic mail to 

comments.gipsa@usda.gov. 

• Mail: Send hardcopy written 

comments to Tess Butler, GIPSA, USDA, 

1400 Independence Avenue, SW., Room 

1643–S, Washington, DC 20250–3604. 

• Fax: Send comments by facsimile 

transmission to: (202) 690–2755. 

• Hand Delivery or Courier: Deliver 

comments to: Tess Butler, GIPSA, 

USDA, 1400 Independence Avenue, 

SW., Room 1643–S, Washington, DC 

20250–3604. 

• Federal e-Rulemaking Portal: Go to 

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

on-line instruction for submitting 

comments. 

Instructions: All comments should 

refer to the date and page number of this 

issue of the Federal Register. 

Background Documents: Regulatory 

analyses and other documents relating 

to this action will be available for public 

inspection in the above office during 

regular business hours. 

Read Comments: All comments will 

be available for public inspection in the 

above office during regular business 

hours (7 CFR 1.27(b)). Please call GIPSA 

Management Support Services staff at 

(202) 720–7486 to arrange a public 

inspection of comments. 

FOR FURTHER INFORMATION CONTACT: S. 

Brett Offutt, Director, Policy and 

Litigation Division, P&SP, GIPSA, 1400 

Independence Ave., SW., Washington, 

DC 20250, (202) 720–7363, 

s.brett.offutt@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Grain Inspection, Packers and 

Stockyards Administration (GIPSA) is 

responsible for enforcement of the P&S 

Act. Under authority delegated to us by 

the Secretary of Agriculture, we are 

authorized (7 U.S.C. 228) to make those 

regulations necessary to carry out the 

provisions of the P&S Act. We propose 

to amend the following regulations: 

• Section 201.49—Requirements 

regarding scale tickets evidencing 

weighing of livestock, live poultry and 

feed, 

• Section 201.76—Reweighing, 

• Section 201.82—Care and 

promptness in weighing and handling 

livestock and live poultry, and 

• Section 201.108–1—Instructions for 

weighing live poultry. 

Violations of these sections of the 

regulations are deemed to be unfair or 

deceptive practices and constitute 

violations of § 202 (7 U.S.C. 192) or 

§ 312 (7 U.S.C. 213) of the P&S Act. 

Packers and swine contractors may be 

assessed civil penalties of up to $11,000 

(7 U.S.C. 193) for each violation of 

§ 202. Market agencies and dealers may 

be assessed civil penalties of as much as 

$11,000 (7 U.S.C. 213) for each violation 

of § 312. Given the consequences for 

violating these regulations, it is 

important that these regulations be 

clear. Therefore, we propose to amend 

§ 201.49 and § 201.108–1 to remove 

redundant language. 

We also propose to revise § 201.82 

and § 201.108–1 to prohibit practices 

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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Proposed Rules 7687 

that we consider to be unfair and 

deceptive. Specifically, the practices of 

• delaying the weighing of livestock 

and poultry, 

• loading poultry from multiple 

growers into one trailer load, 

• failing to use scales correctly, and 

• failing to accurately weigh unused 

feed at the time it is collected could 

result in incorrect settlement payments 

to poultry and livestock growers. The 

proposed rule would specifically 

prohibit these unfair and deceptive 

practices. We also propose to amend 

paragraphs of § 201.76, 201.82, and 

201.108–1 that currently apply only to 

weighing poultry and/or livestock to 

also include feed. The intended purpose 

of all the proposed amendments is to 

ensure that the weighing process is fair 

and accurate for all growers. Since 

growers are paid based on their 

efficiency in converting feed to livestock 

and poultry, it is important that both the 

input (feed) and the output (poultry and 

livestock) be weighed accurately. 

A delay in the weighing of poultry or 

livestock at the slaughter facility can 

result in a lower payout to the grower 

because the delay increases the 

likelihood of ‘‘shrinkage’’ of the live 

poultry or livestock due to death, injury, 

and other avoidable losses. Loading 

poultry from several growers onto a 

single trailer load (a ‘‘split load’’) is one 

cause of such delays and the resulting 

avoidable losses. We therefore propose 

to prohibit loading live poultry from 

multiple growers onto a single trailer 

load. There is a related issue involving 

potentially inaccurate weighing when 

live poultry dealers and swine 

contractors pick up unused feed from 

multiple growers and do not weigh the 

feed on a certified scale at the time of 

pick up before combining the feed into 

a single load. We propose that feed for 

each grower be weighed on a certified 

scale and that a scale ticket be generated 

at the time the feed is picked up from 

each grower, before proceeding to 

another grower to pick up unused feed. 

We also propose new requirements for 

the correct use of on-board weighing 

systems to ensure that unused feed is 

weighed accurately at the time of 

pickup, although we are not requiring 

that on-board weighing systems be used. 

The purpose of these requirements is to 

ensure that growers are compensated 

based on an accurate accounting of 

inputs. Without these new requirements 

for accurate weighing of unused feed, 

growers could be compensated 

incorrectly based on an inaccurate 

accounting of feed used. 

Description of Proposed Amendments 

We are proposing amendments that 

both clarify language in current 

requirements and that add new 

requirements to ensure fair and accurate 

weighing of live poultry, swine, and 

feed. 

The proposed amendments that 

clarify existing requirements involve 

scale tickets and live poultry weighing. 

The current § 201.49, ‘‘Requirements 

regarding scale tickets evidencing 

weighing of livestock, live poultry, and 

feed’’, contains redundant wording 

regarding scale tickets issued when 

weighing livestock, live poultry and 

feed. The requirements for numbering 

scale tickets and executing sufficient 

copies are largely the same for livestock, 

live poultry, and feed, so we propose to 

consolidate the general requirements 

into one new paragraph, § 201.49(a), 

followed by separate paragraphs 

containing the specific requirements for 

livestock, live poultry, and feed. We 

propose to require that a zero balance be 

recorded and that the time the zero 

balance was determined be printed on 

the scale ticket, consistent with other 

weighing regulations involving scale 

tickets. We propose to remove language 

in § 201.108–1, ‘‘Instructions for 

weighing live poultry,’’ regarding scale 

tickets that duplicates language in 

§ 201.49. These proposed amendments 

would avoid potential confusion caused 

by redundant language and make more 

clear the requirements that are unique to 

each commodity. 

We also propose to clarify language 

requiring the number of the person who 

performed the weighing service to make 

it clear we mean the identification 

number of that individual, rather than 

the telephone number. We propose to 

clarify language regarding the 

requirement to record the license 

number of the truck and trailer, to 

clarify that this requirement applies to 

situations involving weighing just the 

truck, or just the trailer, or both 

together. We also propose to make 

language requiring the license number 

or other identification number of the 

truck and/or trailer consistent 

throughout this section. 

The other amendments we propose 

will impose new requirements on live 

poultry dealers and swine contractors to 

ensure more accurate weighing for all 

growers. The proposed amendments 

that involve new requirements are as 

follows: 

We propose to amend § 201.76, 

‘‘Reweighing’’ to add ‘‘swine 

contractors’’, to the list of firms required 

to comply with this regulation. As 

defined in the Packers and Stockyards 

Act, as amended, a swine contractor 

means any person engaged in the 

business of obtaining swine under a 

swine production contract for the 

purpose of slaughtering the swine or 

selling the swine for slaughter, if the 

swine is obtained by the person in 

commerce; or the swine (including 

products from the swine) obtained by 

the person is sold or shipped in 

commerce (7 U.S.C. 182(a)(12)). We also 

propose to add ‘‘feed’’ to the list of 

items for which reweighing is required 

on request of any authorized 

representative of the Secretary. 

We propose to amend paragraph (a) of 

§ 201.82, ‘‘Care and Promptness in 

Weighing and Handling Livestock and 

Live Poultry’’, to include ‘‘swine 

contractors’’ in the list of firms required 

to comply with this regulation. 

Presently, paragraph (b) of § 201.82 

requires that live poultry dealers 

purchasing poultry under growout 

contracts obtain the gross weight for 

each load of poultry immediately upon 

arrival at the processing plant. We 

propose to add a sentence at the end of 

this paragraph to require that the 

weighing process begin without delay 

and to establish the time period within 

which live poultry dealers must 

complete the weighing process. Finally, 

we propose to add a new paragraph (c) 

to § 201.82 to prohibit the use of split 

transport trailer loads by live poultry 

dealers. Split loads of live poultry are 

loads containing flocks from more than 

one grower. We believe prohibiting split 

loads will eliminate the likelihood of 

live poultry dealers failing to weigh 

each grower’s flock promptly. Failure to 

weigh poultry promptly can result in 

weight loss, injury, death or other 

avoidable loss. We also propose minor 

clarifying language changes to § 201.82, 

including noting that this section 

applies whenever the weight of live 

poultry is a factor in calculating 

payment to the grower. 

We propose to modify § 201.108–1, 

‘‘Instructions for Weighing Live 

Poultry’’, to require additional 

procedures to ensure accurate weighing. 

We also propose to add ‘‘feed’’ to the 

title of this section. We propose to 

modify § 201.108–1 to add language to 

specifically address the weighing of feed 

at the time of pickup; § 201.108–1 

currently addresses only the weighing of 

live poultry at the time of pickup. The 

proposed changes add new procedures 

for weighing unused feed picked up 

from one or more poultry growers in a 

single load, including requirements for 

operating and maintaining onboard 

weighing systems and requirements for 

onboard weighing tickets. The proposed 

changes will ensure that unused feed is 

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7688 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Proposed Rules 

accurately weighed at the time it is 

picked up from the grower. Failure to 

weigh unused feed at the time of 

pickup, or failure to use appropriately 

calibrated equipment, can result in 

inaccurate estimates of weight and 

inaccurate payment to the grower. Both 

feed (inputs) and live poultry (outputs) 

need to be weighed accurately in order 

to ensure that growers are compensated 

fairly. 

These proposed amendments all have 

the same purpose, which is to ensure 

fair and accurate weighing of feed, 

poultry, and livestock. We believe that 

without these amendments, there is 

significant potential for live poultry 

dealers and swine contractors to engage 

in unfair and deceptive practices by 

delaying the weighing of livestock, 

using scales incorrectly or inaccurately, 

and denying requests for reweighing. 

Options Considered 

The only alternative we considered 

was to make no changes. We believe 

these amendments are necessary to 

make §§ 201.49, 201.76, 201.82 and 

201.108–1 consistent with other existing 

regulations and to carry out provisions 

of the P&S Act. 

Effects on Regulated Entities 

There should be little to no additional 

cost incurred by live poultry dealers 

because of these amendments. 

Eliminating split loads may increase to 

a small extent the number of trips that 

live poultry dealers make to and from 

growers’ facilities. However, split loads 

can increase processing inefficiencies at 

the plant, offsetting any transportation 

cost savings from split loads. Therefore, 

the prohibition on split loads should 

have little or no net monetary 

consequence for live poultry dealers. 

Swine contractors may incur some 

additional cost to comply with these 

requirements but we expect the costs to 

be minor and to be outweighed by the 

benefits of helping ensure proper 

weighing and, ultimately, accurate 

payment for the livestock. 

Other changes resulting from these 

proposed amendments should be 

inconsequential from a monetary 

standpoint. 

Executive Order 12866 and Regulatory 

Flexibility Act 

The Office of Management and Budget 

designated this rule as not significant 

for the purposes of Executive Order 

12866. 

We have determined that these 

proposed amendments would not have 

a significant economic impact on a 

substantial number of small entities as 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601, et seq.). An initial 

regulatory flexibility analysis as 

described in 5 U.S.C. 605 of the 

Regulatory Flexibility Act is not 

required or provided here. The 

proposed amendments would directly 

affect companies in contractual 

relationships with swine production 

contract growers and poultry growers. 

Most of these entities are slaughterers 

and processors of swine or poultry with 

more than 500 employees and do not 

meet the applicable size standards for 

small entities presented in the Small 

Business Administration regulations (13 

CFR 121.201). To the extent the 

proposed amendments do affect small 

entities, the amendments will not 

impose substantial new expenses or 

changes to routine operations. 

Small swine production contract 

growers and poultry growers should 

benefit indirectly from the proposed 

amendments, which should provide 

accurate and fair weighing of their 

inputs and outputs. 

We have considered the effects of this 

rulemaking action under the Regulatory 

Flexibility Act and we believe that it 

will not have a significant impact on a 

substantial number of small entities. We 

welcome comments on the cost of 

compliance with this rule, and 

particularly on the impact of this 

proposed rule on small entities. We also 

welcome comments on alternatives to 

the proposed rule that could achieve the 

same purpose with less cost or burden. 

Executive Order 12988 

These proposed amendments have 

been reviewed under Executive Order 

12988, Civil Justice Reform. These 

actions are not intended to have a 

retroactive effect. This rule will not preempt State or local laws, regulations, or 

policies, unless they present an 

irreconcilable conflict with the 

amendments. The provisions of these 

amendments will not require 

administrative procedures be exhausted 

prior to judicial challenges. 

Paperwork Reduction Act 

These proposed amendments do not 

contain new information collection 

requirements or changes to existing 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501, et seq.). 

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 9 CFR Part 201 

Reporting and recordkeeping 

requirements, Poultry and poultry 

products, Trade practices. 

For the reasons set forth in the 

preamble, we propose to amend 9 CFR 

part 201 to read as follows: 

PART 201—[AMENDED] 

1. The authority citation for part 201 

continues to read as follows: 

Authority: 7 U.S.C. 222 and 228; 7 CFR 

2.22 and 2.81. 

2. Revise § 201.49 to read as follows: 

§ 201.49 Requirements regarding scale 

tickets evidencing weighing of livestock, 

live poultry, and feed. 

(a) When livestock, poultry or feed is 

weighed for the purpose of purchase, 

sale, acquisition, or settlement, a scale 

ticket must be issued which must be 

serially numbered and used in 

numerical sequence. Sufficient copies 

must be executed to provide a copy to 

all parties to the transaction. Unused 

and partially executed scale tickets must 

not be left exposed or accessible to other 

parties and must be kept under lock 

when the weigher is not at the scale. In 

instances where the weight values are 

automatically recorded directly on the 

account of purchase, account of sale, or 

other basic transaction record, this 

record may serve in place of a scale 

ticket. 

(b) Livestock. When livestock is 

weighed for the purpose of purchase or 

sale, or when livestock is purchased on 

a carcass weight or carcass grade and 

weight basis, the hot carcass weights 

must be recorded using a scale equipped 

with a printing device, and such printed 

weights must be retained as part of the 

person or firm’s business records to 

substantiate settlement on each 

transaction. In instances where the 

weight values are automatically 

recorded directly on the account of 

purchase, account of sale, or other basic 

transaction record, this record may 

serve in place of a scale ticket. Scale 

tickets or other basic transaction records 

issued under this section must show: 

(1) The name and location of the 

agency performing the weighing service; 

(2) The date of the weighing; 

(3) The name of the buyer and seller 

or consignor, or a designation by which 

they may be readily identified; 

(4) The number of head; 

(5) Kind of livestock; 

(6) Actual weight of each draft of 

livestock; and 

(7) The name, initials, or 

identification number of the person who 

weighed the livestock, or if required by 

State law, the signature of the weigher. 

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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Proposed Rules 7689 

(c) Poultry. When live poultry is 

weighed for the purpose of purchase, 

sale, acquisition, or settlement by a live 

poultry dealer, the scale ticket or other 

basic transaction record must show: 

(1) The name of the agency 

performing the weighing service; 

(2) The name of the live poultry 

dealer; 

(3) The name and address of the 

grower or seller, and purchaser; 

(4) The name, initials, or 

identification number of the person who 

weighed the poultry, or if required by 

State law, the signature of the weigher; 

(5) The location of the scale; 

(6) The zero balance for both the gross 

weight and tare weight; 

(7) The date and time zero balance 

was determined; 

(8) The gross weight, tare weight, and 

net weight; 

(9) The date and time gross weight 

and tare weight are determined; 

(10) The number of poultry weighed; 

(11) The weather conditions; 

(12) Whether the driver was on or off 

the truck at the time of weighing, if 

applicable; and 

(13) The license number or other 

identification numbers on the truck and 

trailer, if weighed together, or trailer if 

only the trailer is weighed; provided, 

that when live poultry is weighed on a 

scale other than a vehicle scale, the 

scale ticket or other basic transaction 

record need not show the information 

specified in paragraphs (c)(11) and 

(c)(12) of this section. 

(d) Feed. Whenever feed is weighed 

and the weight of the feed is a factor in 

determining payment or settlement to a 

livestock producer or poultry grower, 

the scale ticket or other basic 

transaction record must show: 

(1) The name of the agency 

performing the weighing service, or the 

name and location of the firm 

responsible for supplying the feed; 

(2) The name and address of the 

livestock producer or poultry grower; 

(3) The name, initials or identification 

number of the person who weighed the 

feed, or if required by State law, the 

signature of the weigher; 

(4) The location of the scale; 

(5) The zero balance for both the gross 

and tare, when applicable; 

(6) The date and time zero balance 

was determined, when applicable; 

(7) The gross weight, tare weight, and 

net weight of each lot assigned to an 

individual producer or grower, if 

applicable; 

(8) The date and time gross weight 

and, if applicable, tare weight, are 

determined; 

(9) The identification of each lot 

assigned to an individual producer or 

grower by vehicle or trailer 

compartment number and seal number, 

if applicable; 

(10) Whether the driver was on or off 

the truck at the time of weighing, if 

applicable; and 

(11) The license number or other 

identification numbers on the truck and 

trailer, if weighed together, or trailer if 

only the trailer is weighed, if applicable. 

3. Revise § 201.76 to read as follows: 

§ 201.76 Reweighing. 

Stockyard owners, market agencies, 

dealers, packers, swine contractors and 

live poultry dealers must reweigh 

livestock, livestock carcasses, and live 

poultry or feed on request of any 

authorized representative of the 

Secretary. 

4. Revise § 201.82 to read as follows: 

§ 201.82 Care and promptness in weighing 

and handling livestock and live poultry. 

(a) Each stockyard owner, market 

agency, dealer, packer, swine contractor 

and live poultry dealer must exercise 

reasonable care and promptness with 

respect to loading, transporting, 

holding, yarding, feeding, watering, 

weighing, or otherwise handling 

livestock, or live poultry to prevent 

waste of feed, shrinkage, injury, death or 

other avoidable loss. 

(b) Whenever live poultry is obtained 

under a poultry growing arrangement 

and the weight of the live poultry is a 

factor in calculating payment to the 

grower, the poultry must be transported 

promptly after loading. The process of 

obtaining the gross weight must 

commence immediately upon arrival at 

the processing plant, holding yard, or 

other scale normally used for such 

purpose. This process, which includes 

but is not limited to fueling, uncoupling 

the trailer, changing the road tractor to 

a yard tractor or weighing the trailer 

only, must be conducted without delay; 

specifically, the time period between 

arrival and completion of the weighing 

process must not exceed thirty (30) 

minutes. 

(c) Live poultry dealers must not 

place poultry from multiple growers on 

a single live poultry transport trailer or 

other live poultry transport equipment, 

creating what is commonly referred to 

as a ‘‘split load.’’

5. Amend § 201.108–1 to: 

a. Revise the heading; 

b. Revise the first sentence of the 

introductory text; 

c. Revise paragraph (a)(1); 

d. Remove paragraph (a)(7); 

e. Remove the word ‘‘sensitiveness’’

and add in its place the word 

‘‘sensitivity’’ in (b)(5); 

f. Add paragraphs (c) (1) (v) and (vi); 

g. Add paragraph (d) (3); 

h. Remove paragraph (e) (2) and 

redesignate paragraphs (e)(3) and (4) as 

paragraphs (e)(2) and (3). 

§ 201.108–1 Instructions for weighing live 

poultry or feed. 

Live poultry dealers who operate 

scales on which live poultry or feed is 

weighed for purposes of purchase, sale, 

acquisition, or settlement are 

responsible for the accurate weighing of 

such poultry or feed. * * * 

(a) Balancing the empty scale. (1) The 

scale shall be maintained in zero 

balance at all times. The empty scale 

shall be balanced each day before 

weighing begins and thereafter its zero 

balance shall be verified before any 

poultry or feed is weighed. The time 

and date the empty scale is balanced or 

its zero balance verified must be 

mechanically printed on the scale ticket 

or other basic transaction record. In 

addition, the zero balance of the scale 

shall be verified whenever a weigher 

resumes weighing duties after an 

absence from the scale. 

* * * * * 

(c) * * * 

(1) * * * 

(v) A feed hopper attached to an 

electronic digital scale must be empty of 

feed and the electronic digital scale 

must be balanced at zero prior to first 

weighment for each grower or per 

truckload, whichever is applicable. The 

date and time the empty hopper scale is 

balanced or its zero balance verified 

must be mechanically printed on the 

scale ticket or other permanent record 

that must be attached to the grower’s 

copy of the scale ticket. Further, the 

hopper must be empty and balanced at 

zero prior to each weighment. 

(vi) An onboard weighing system 

must be level and locked in position 

and zero balanced prior to weighing. 

The date and time the onboard scale is 

balanced or its zero balance verified 

must be mechanically printed on the 

scale ticket or other permanent record 

that must be attached to the grower’s 

copy of the scale ticket. When more 

than one grower’s feed is weighed, the 

proceeding grower’s gross weight can be 

used for the next grower’s tare weight, 

and can be repeated until the unit is 

full. 

* * * * * 

(d) * * * 

(3) When returned feed from a 

contract poultry grower is picked up 

and weighed on an onboard weighing 

system, the weight of the feed must be 

recorded and a ticket printed. That 

weight must be used as the tare weight 

when feed from another contract poultry 

grower is picked up on the same load. 

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7690 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Proposed Rules 

The procedure must be followed each 

time another grower’s feed is added to 

the load. 

* * * * * 

James E. Link, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. 08–577 Filed 2–8–08; 8:45 am] 

BILLING CODE 3410–KD–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[Docket No. PRM–50–57] 

North Carolina Utilities Commission 

Public Staff; Withdrawal of Petition for 

Rulemaking 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; 

withdrawal. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is withdrawing, at 

the petitioner’s request, a petition for 

rulemaking (PRM–50–57) (57 FR 2059; 

January 17, 1992) filed by the North 

Carolina Utilities Commission Public 

Staff (petitioner). The petitioner 

requested that the Commission amend 

its regulations to substantially reduce or 

eliminate insurance requirements for 

nuclear power reactors when all the 

nuclear reactors on a reactor station site 

have been shut down or are awaiting 

decommissioning, and all nuclear fuel 

has been removed from the reactor site. 

ADDRESSES: A copy of the petitioner’s 

email submittal, dated October 29, 2007, 

requesting withdrawal of the petition is 

available for public inspection, or 

copying for a fee, at the NRC’s Public 

Document Room, One White Flint 

North, 11555 Rockville Pike, Room 

O1F21, Rockville, Maryland. 

Single copies of the petitioner’s email 

submission may be obtained free of 

charge by writing to Michael T. Lesar, 

Chief, Rules, Directives and Editing 

Branch, Division of Administrative 

Services, Office of Administration, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555. 

Documents created or received at the 

NRC after November 1, 1999, are also 

available electronically at the NRC’s 

Public Electronic Reading Room on the 

Internet at http://www.nrc.gov/NRC/ 

ADAMS/index.html. For the petitioner’s 

e-mail the accession number is 

ML080320147. From this site, the public 

can gain entry into the NRC’s 

Agencywide Document Access and 

Management System (ADAMS) that 

provides text and image files of NRC’s 

public documents. For more 

information, contact the NRC Public 

Document Room (PDR) Reference staff 

at 1–800–397–4209, (301) 415–4737, or 

by e-mail to pdr@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Lesar, Chief, Rules, 

Directives and Editing Branch, Division 

of Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555. 

Telephone: 301–415–7163, or Toll Free: 

1–800–368–5642, or by e-mail at 

mtl@nrc.gov. 

Dated at Rockville, Maryland, this 5th day 

of February 2008. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E8–2481 Filed 2–8–08; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0150; Directorate 

Identifier 2007–NM–325–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, and –400ER 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Boeing Model 767 series airplanes. The 

existing AD currently requires a onetime inspection for missing, damaged, 

or incorrectly installed parts in the 

separation link assembly on the 

deployment bar of the emergency escape 

system on the entry or service door, and 

installation of new parts if necessary. 

This proposed AD would require 

replacing the separation link assembly 

on the applicable entry and service 

doors with an improved separation link 

assembly, and related investigative and 

corrective actions if necessary. This 

proposed AD would also remove certain 

airplanes from the applicability. This 

proposed AD results from reports that 

entry and service doors did not open 

fully during deployment of emergency 

escape slides, and additional reports of 

missing snap rings. We are proposing 

this AD to prevent failure of an entry or 

service door to open fully in the event 

of an emergency evacuation, which 

could impede exit from the airplane. 

This condition could result in injury to 

passengers or crewmembers. 

DATES: We must receive comments on 

this proposed AD by March 27, 2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, P.O. Box 3707, Seattle, 

Washington 98124–2207. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Keith Ladderud, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Branch, ANM–150S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6435; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0150; Directorate Identifier 

2007–NM–325–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

mstockstill on PROD1PC66 with PROPOSALS