51352 Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 

§ 613.3 NRCS responsibilities in plant 

materials. 

NRCS operates or enters into 

agreements with State universities or 

other State organizations to operate 

PMCs. NRCS also cooperates, both 

formally and informally, with other 

Federal, State, county, and nonprofit 

agencies or organizations on the 

selection of plants and evaluation of 

plant technology to increase the 

capabilities of PMCs. NRCS employs 

specialists for testing and selecting plant 

materials for conservation uses and the 

development of plant materials 

technology. NRCS’ responsibilities are 

to: (a) Identify the resource conservation 

needs and cultural management 

methods for environmental protection 

and enhancement. 

(b) Assemble and comparatively 

evaluate plant materials at PMCs and on 

sites where soil, climate, or other 

conditions differ significantly from 

those at the Centers. 

(c) Make comparative field plantings 

for final testing of promising plants and 

techniques in cooperation with 

conservation districts and other 

interested cooperators. 

(d) Release cooperatively improved 

conservation plants and maintain the 

breeder or foundation stocks in ways 

appropriate for particular State and 

plant species by working with 

experiment stations, crop improvement 

associations, and other State and 

Federal agencies. 

(e) Produce limited amounts of 

foundation or foundation-quality seed 

and plants available for allocation to 

conservation districts, experiment 

stations, other Federal and State 

research agencies, State seed certifying 

organizations and directly to 

commercial growers (if other options do 

not exist) that will use the material to 

establish seed fields, seed orchards, or 

vegetative plantings for large-scale 

increase. 

(f) Encourage and assist conservation 

districts, commercial seed producers, 

and commercial and State nurseries to 

produce needed plant materials for 

conservation uses. 

(g) Encourage the use of improved 

plant materials and plant materials 

technology in resource conservation and 

environmental improvement programs. 

§ 613.4 Special production of plant 

materials. 

NRCS can produce plant materials in 

the quantity required to do a specific 

conservation job if this production will 

serve the public welfare and only if the 

plant materials are not available 

commercially. This function will be 

performed only until the plant materials 

are available commercially. Specific 

production of plant materials by NRCS 

requires the approval of the Chief. 

§ 613.5 PMCs. 

(a) The Norman A. Berg National 

PMC. The Norman A. Berg National 

PMC at Beltsville, Maryland, focuses on 

national initiatives and provides 

coordination for plant materials work 

across all 50 States. In addition, the 

center provides plants and plant 

technology to address resource concerns 

in the mid-Atlantic region. 

(b) Other PMCs. There are 26 other 

PMCs. Each serves several major land 

resource areas. NRCS operates 24 of 

these Centers, and 2 by cooperating 

agencies, as follows: 

(1) Operated by NRCS: Tucson, AZ, 

Booneville, AR, Lockeford, CA, 

Brooksville, FL, Americus, GA, Molokai, 

HI, Aberdeen, ID, Manhattan, KS, 

Galliano, LA, East Lansing, MI, 

Coffeeville, MS, Elsberry, MO, Bridger, 

MT, Fallon, NV, Cape May Courthouse, 

NJ, Los Lunas, NM, Big Flats, NY, 

Bismarck, ND, Corvallis, OR, Kingsville, 

TX, Knox City, TX, Nacogdoches, TX, 

Pullman, WA, and Alderson, WV. 

(2) Operated by cooperating agencies 

with financial and technical assistance 

from NRCS: Meeker, CO—White River 

and Douglas Creek Soil Conservation 

Districts with partial funding from 

NRCS. 

(3) Operated by cooperating agencies 

with technical assistance from NRCS: 

Palmer, AK—State of Alaska, 

Department of Natural Resources. 

Signed in Washington, DC, on August 20, 

2008. 

Arlen L. Lancaster, 

Chief, Natural Resources Conservation 

Service. 

[FR Doc. E8–20401 Filed 9–2–08; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1000 

[Docket No. AMS–DA–07–0026; AO–14–A77] 

Milk in the Northeast and Other 

Marketing Areas; Delay of Effective 

Date 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule; delay of 

effective date. 

SUMMARY: An interim final rule 

published July 31, 2008 amending the 

manufacturing cost allowances and the 

butterfat yield factor used in Class III 

and Class IV product-price formulas 

applicable in all Federal milk marketing 

orders had an effective date of 

September 1, 2008. The effective date of 

the Interim Rule will now be October 1, 

2008. The rule’s effective date is 

delayed because a complaint to enjoin 

the implementation of the revised 

manufacturing allowances and butterfat 

yield factor was filed in the United 

States District Court for the District of 

Columbia. Delaying implementation 

allows sufficient time for a preliminary 

injunction hearing. 

DATES: The effective date for the interim 

final rule published July 31, 2008 (73 FR 

44617), is delayed from September 1, 

2008, until October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: Jack 

Rower, Marketing Specialist, USDA/ 

AMS/Dairy Programs, Order 

Formulation and Enforcement, Stop 

0231—Room 2971–S, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0231, (202) 720– 

7183. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 1000 

provide for, among other things, 

formulas that establish minimum Class 

III and Class IV milk prices in all 

Federal milk marketing orders. The 

Class III and Class IV formulas also set 

minimum Federal order prices for Class 

I and Class II nonfat solids and skim 

milk prices and pricing factors that are 

announced in advance of the month for 

which such prices will be effective. 

Minimum Class III and Class IV prices 

for any given month are announced for 

all Federal orders on or before the 5th 

day of the following month. 

The Class III and Class IV productprice formulas use finished product 

prices for cheese, butter, nonfat dry milk 

and dry whey together with 

manufacturing allowances (commonly 

referred to as ‘‘make allowances’’) and 

yield factors to determine the minimum 

value of milk used to make the finished 

dairy products. Currently, the make 

allowances being used to compute all 

Federal order minimum class prices are 

those published in the Federal Register 

on December 29, 2006 (71 FR 78333). 

The current butterfat yield factor used 

in the Class III and Class IV productpricing formulas is that published in the 

Federal Register on February 12, 2003 

(65 FR 76832). 

Delay in Effective Date 

On July 31, 2008, an Interim Final 

Rule was published in the Federal 

Register (73 FR 44617) amending the 

make allowances and butterfat yield 


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Federal Register / Vol. 73, No. 171 / Wednesday, September 3, 2008 / Rules and Regulations 51353 

factor used in the Class III and Class IV 

product-pricing formulas. 

On Friday, August 15, 2008, a lawsuit 

was filed in the District Court for the 

District of Columbia requesting that a 

temporary restraining order be issued by 

the court until a preliminary injunction 

hearing could be held as part of the prehearing process. USDA determined that 

it was in the best interest of the dairy 

industry to delay implementation of the 

Final Rule one month until October 1, 

2008. Delaying implementation allows 

sufficient time for a preliminary 

injunction hearing to be held. 

The revised manufacturing 

allowances and butterfat yield factor 

will be used in computing the October 

2008 Federal order minimum advance 

Class I and Class II prices and pricing 

factors to be announced on September 

19, 2008 unless a court order directs 

otherwise. The revised manufacturing 

allowances and butterfat yield factor of 

the Interim Final Rule will be used to 

compute minimum Federal order Class 

III and Class IV prices for October 2008 

and in the announcement of advanced 

prices and pricing factors thereafter. 

Authority: 7 U.S.C. 601–674, and 7253. 

Dated: August 28, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–20391 Filed 8–28–08; 4:15 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 78 

[Docket No. APHIS–2008–0086] 

Brucellosis in Cattle; State and Area 

Classifications; Montana 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

brucellosis regulations concerning 

interstate movement of cattle by 

changing the classification of Montana 

from Class Free to Class A. We have 

determined that Montana no longer 

meets the standards for Class Free 

status. This action is necessary to 

prevent the interstate spread of 

brucellosis. 

DATES: This interim rule is effective 

September 3, 2008. We will consider all 

comments that we receive on or before 

November 3, 2008. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2008-0086 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2008–0086, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2008–0086. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Debbi A. Donch, National Brucellosis 

Epidemiologist, Ruminant Health 

Programs Staff, National Center for 

Animal Health Programs, VS, APHIS, 

4700 River Road Unit 43, Riverdale, MD 

20737–1231; (301) 734–5952. 

SUPPLEMENTARY INFORMATION: 

Background 

Brucellosis is a contagious disease, 

caused by bacteria of the genus Brucella, 

that affects both animals and humans. 

The disease mainly affects cattle, bison, 

and swine; however, goats, sheep, 

horses, and humans are susceptible as 

well. In its principal animal hosts, it 

causes loss of young through 

spontaneous abortion or birth of weak 

offspring, reduced milk production, and 

infertility. There is no economically 

feasible treatment for brucellosis in 

livestock. In humans, brucellosis 

initially causes flu-like symptoms, but 

the disease may develop into a variety 

of chronic conditions, including 

arthritis. Humans can be treated for 

brucellosis with antibiotics. 

The brucellosis regulations, contained 

in 9 CFR part 78 (referred to below as 

the regulations), provide a system for 

classifying States or portions of States 

according to the rate of Brucella 

infection present and the general 

effectiveness of a brucellosis control and 

eradication program. The classifications 

are Class Free, Class A, Class B, and 

Class C. States or areas that do not meet 

the minimum standards for Class C are 

required to be placed under Federal 

quarantine. 

The brucellosis Class Free 

classification is based on a finding of no 

known brucellosis in cattle for the 12 

months preceding classification as Class 

Free. The Class C classification is for 

States or areas with the highest rate of 

brucellosis. Class B and Class A fall 

between these two extremes. 

Restrictions on moving cattle interstate 

become less stringent as a State 

approaches or achieves Class Free 

status. 

The standards for the different 

classifications of States or areas entail 

(1) maintaining a cattle herd infection 

rate not to exceed a stated level during 

12 consecutive months; (2) tracing back 

to the farm of origin and successfully 

closing a stated percent of all brucellosis 

reactors found in the course of Market 

Cattle Identification (MCI) testing; (3) 

maintaining a surveillance system that 

includes testing of dairy herds, 

participation of all recognized 

slaughtering establishments in the MCI 

program, identification and monitoring 

of herds at high risk of infection 

(including herds adjacent to infected 

herds and herds from which infected 

animals have been sold or received), 

and having an individual herd plan in 

effect within a stated number of days 

after the herd owner is notified of the 

finding of brucellosis in a herd he or she 

owns; and (4) maintaining minimum 

procedural standards for administering 

the program. 

If a single herd in a Class Free State 

is found to be affected with brucellosis, 

the State may retain its Class Free status 

if it meets the conditions described in 

paragraph (b)(4) of the definition of 

Class Free State or area in § 78.1. A 

State may retain its status in this 

manner only once during any 2-year 

period. The following conditions must 

be satisfied within 60 days of the 

identification of the infected animal: 

1. The affected herd must be 

immediately quarantined, tested for 

brucellosis, and depopulated; and 

2. An epidemiological investigation 

must be performed and the investigation 

must confirm that brucellosis has not 

spread from the affected herd. All herds 

on premises adjacent to the affected 

herd (adjacent herds), all herds from 

which animals may have been brought 

into the affected herd (source herds), 

and all herds that may have had contact 

with or accepted animals from the 

affected herd (contact herds) must be 


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