[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Rules and Regulations]
[Pages 25947-25948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8794]


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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.

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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

[[Page 25948]]

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.

0
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

0
1. Amend Sec.  205.1 by revising the definition of ``approved unique 
identifier'' to read as follows:


Sec.  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]
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