Notices. Final rule
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--- schema: federal-register doc_type: fedreg source_file: FR-2010-01-21.xml --- 75 13 Thursday, January 21, 2010 Contents Agricultural Agricultural Marketing Service RULES Irish Potatoes Grown in Colorado: Modification of the Handling Regulation, 3333-3335 10-1000 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Children Children and Families Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 3470-3471 10-963 Civil Civil Rights Commission NOTICES Meetings: Nebraska Advisory Committee, 3443 10-1060 Meetings; Sunshine Act, 3443-3444 10-1214 Coast Guard Coast Guard RULES Safety Zones: Congress Street Bridge, Pequonnock River, Bridgeport, CT, 3372-3375 10-1003 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Statements Of Policy:
Commission Guidance Concerning Rules of Practice Relating to Reparations, 3371-3372 10-1101 Consumer Consumer Product Safety Commission RULES Guidelines and Requirements for Mandatory Recall Notices, 3355-3371 10-873 Defense Defense Department NOTICES Federal Advisory Committee; Military Leadership Diversity Commission, 3448 10-1046 Education Education Department RULES School Improvement Grants; American Recovery and Reinvestment Act of 2009 (ARRA); Title I of the Elementary and Secondary Education Act of 1965, as Amended (ESEA), 3375-3383 10-1048 NOTICES Applications:
Excellence in Economic Education Program Fiscal Year
(FY)2010 Competition, 3448-3449 10-1081 Teaching American History Grant Program; New Awards for Fiscal Year
(FY)2010, 3449-3454 10-1083 List of Correspondence from April 1, 2009 through June 30, 2009, 3454 10-1082 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3454-3455 10-1057 Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 3455 10-1061 EPA Environmental Protection Agency RULES Outer Continental Shelf Air Regulations Consistency Updates: Alaska, 3387-3394 10-1110 10-1120 PROPOSED RULES Outer Continental Shelf Air Regulations Consistency Updates: Alaska, 3423-3424 10-1108 NOTICES Claims of Confidentiality of Certain Chemical Identities Submitted under Section 8(e) of Toxic Substances Control Act, 3462-3463 10-1105 Cross-Media Electronic Reporting Rule State Authorized Program Revision Approvals: State of North Carolina, 3463-3464 10-1103 Regional Project Waivers of Section 1605 (Buy American) of 2009 American Recovery and Reinvestment Act: Gwinnett County Department of Water Resources, Gwinnett County, GA, 3464-3465 10-1119 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus Model A330-201, -202, -203, -223, -243, -301, -302, etc, 3420-3423 10-1044 British Aerospace Regional Aircraft Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101, and Jetstream Model 3201 Airplanes, 3418-3420 10-1086 FCC Federal Communications Commission NOTICES Meetings; 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Acquisition of Shares of Bank or Bank Holding Companies, 3466 10-1038 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 3466 10-1037 FTC Federal Trade Commission NOTICES Revised Jurisdictional Thresholds for Section 7A of the Clayton Act, 3468 10-1039 Revised Jurisdictional Thresholds for Section 8 of the Clayton Act, 3469 10-1040 Fish Fish and Wildlife Service RULES Migratory Bird Permits: Changes in the Regulations Governing Falconry; Correction, 3395 C1-2010 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition To Remove the Marbled Murrelet from the List of Endangered and Threatened Wildlife, 3424-3434 10-951 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3483 10-1076 Environmental Impact Statements; Availability, etc.: Carolina Sandhills National Wildlife Refuge, Chesterfield and Marlboro Counties, SC, 3484-3486 10-1049 Food Food and Drug Administration NOTICES International Conference on Harmonisation: Guidance on M3(R2) Nonclinical Safety Studies for the Conduct of Human Clinical Trials and Marketing Authorization for Pharmaceuticals; Availability, 3471-3472 10-1027 Foreign Foreign Assets Control Office NOTICES Additional Designation of Entities and Individuals Pursuant to Executive Order 12978, 3523-3525 10-1002 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Tahoe National Forest, California, Tahoe National Forest Motorized Travel Management, 3442-3443 10-1035 Meetings: Recreation Subcommittee of the Sierra Front-Northwestern Great Basin, etc., 3487-3488 10-1102 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Final Effect of Designation of a Class of Employees for Addition to the Special Exposure Cohort, 3469-3470 10-1088 10-1089 10-1090 10-1093 10-1096 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES HUD Multifamily Rental Project Closing Documents: Proposed Revisions and Updates and Notice of Information Collection, 3544-3591 10-957 Mortgagee Review Board: Administrative Actions, 3479-3483 10-1091 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review: Purified Carboxymethylcellulose from Finland, 3444 10-1068 Initiation of Antidumping Duty Changed-Circumstances Review: Ball Bearings and Parts Thereof from Germany, 3444-3445 10-1069 Preliminary Intent to Rescind New Shipper Review: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 3446-3448 10-1070 International International Trade Commission NOTICES Investigations: U.S.-Trans-Pacific Partnership Free Trade Agreement; Advice on Probable Economic Effect, etc., 3489-3490 10-962 Justice Justice Department See Parole Commission Land Land Management Bureau NOTICES Meetings: Eastern Montana Resource Advisory Council, 3489 10-1104 Recreation Subcommittee of the Sierra Front-Northwestern Great Basin, etc., 3487-3488 10-1102 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panels, 3491-3492 10-1100 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 3473-3474 10-1054 National Institute of Allergy and Infectious Diseases, 3472 10-1050 National Institute of Diabetes and Digestive and Kidney Diseases, 3472-3473 10-1052 National Institute of Environmental Health Sciences, 3474-3475 10-1065 National Institute of Neurological Disorders and Stroke, 3475-3476 10-618 10-1053 National Institute on Aging, 3476 10-1051 National Institute on Deafness and Other Communication Disorders, 3474 10-1066 10-1067 NOAA National Oceanic and Atmospheric Administration RULES Fisheries in Western Pacific: Pelagic Fisheries; Vessel Identification Requirements, 3416-3417 10-1085 International Fisheries: Western and Central Pacific Fisheries for Highly Migratory Species, etc., 3335-3355 10-1087 U.S. Naval Surface Warfare Center Panama City Division Mission Activities: Taking and Importing Marine Mammals, 3395-3416 10-1074 PROPOSED RULES Fisheries of Northeastern United States: Northeast Skate Complex Fishery; Amendment 3, 3434-3441 10-1084 NOTICES Availability of Seats: Florida Keys National Marine Sanctuary Advisory Council, 3444 10-1116 National Park National Park Service NOTICES Availability of Draft Site Progress Report to World Heritage Committee, Yellowstone National Park, 3483-3484 10-1095 Environmental Impact Statements; Availability, etc.: Susquehanna to Roseland 500kV Transmission Line, Delaware Water Gap National Recreation Area, etc., 3486-3487 10-1094 Meetings: Acadia National Park Advisory Commission, 3488 10-1064 Flight 93 Advisory Commission, 3488 10-1092 National Park Service Alaska Region Subsistence Resource Commission
(SRC)Program, 3488-3489 10-1063 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3492 10-1004 Meetings: Proposal Review Panel for Physics, 3493 10-967 Nuclear Nuclear Regulatory Commission NOTICES Acceptance for Docketing of the Application: Opportunity For Hearing For Facility Operating License Nos. DPR 80 and DPR 82, et al., 3493-3497 10-1080 Facility Operating Licenses: Entergy Nuclear Operations, Inc., etc., 3497-3501 10-1077 Meetings: Advisory Committee on Reactor Safeguards (ACRS), 3501-3502 10-1059 Parole Parole Commission NOTICES Meetings; Sunshine Act, 3490-3491 10-1025 10-1026 Postal Postal Regulatory Commission RULES New Postal Products, 3383-3387 10-1055 Presidential Presidential Documents EXECUTIVE ORDERS Haiti, Humanitarian Assistance; Activation of Armed Forces Reserve Members (EO 13529), 3331 10-1229 SEC Securities and Exchange Commission PROPOSED RULES Concept Release on Equity Market Structure, 3594-3614 10-1045 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3503 10-1021 10-1022 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 3511-3513 10-1020 International Securities Exchange, LLC, 3508-3509 10-1019 NASDAQ OMX BX, Inc., 3503-3506 10-1015 NASDAQ Stock Market LLC, 3513-3515 10-1018 NYSE Amex LLC, 3506-3507 10-1017 One Chicago, LLC, 3515-3516 10-1016 Public Company Accounting Oversight Board, 3509-3511 10-1028 Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3502 10-1075 Exemption Request Under Section 312 of the Small Business Act, Conflicts of Interest: KLH Capital LP, 3502-3503 10-999 State State Department NOTICES Invitations For Recommendations: U.S. Authors and Reviewers to Fifth Assessment Report of Intergovernmental Panel on Climate Change, 3516-3517 10-1098 Surface Surface Transportation Board NOTICES Temporary Trackage Rights Exemption: Union Pacific Railroad Co., BNSF Railway Co., 3523 10-926 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board NOTICES Small Business Transportation Resource Center Program; Funding Availability, 3517-3522 10-1062 Treasury Treasury Department See Foreign Assets Control Office U.S. U.S. Citizenship and Immigration Services NOTICES Designation of Haiti for Temporary Protected Status, 3476-3479 10-1169 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing Guidelines for United States Courts, 3525-3539 10-970 Veterans Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3539-3542 10-991 10-1029 10-1030 10-1031 10-1032 10-1033 10-1034 Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 3542 10-1001 Separate Parts In This Issue Part II Housing and Urban Development Department, 3544-3591 10-957 Part III Securities and Exchange Commission, 3594-3614 10-1045 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 13 Thursday, January 21, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 948 [Doc. No. AMS-FV-09-0055; FV09-948-3 FR] Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2 AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule revises the minimum size requirement under the Colorado potato marketing order, Area No. 2. The marketing order regulates the handling of Irish potatoes grown in Colorado, and is administered locally by the Colorado Potato Administrative Committee for Area No. 2 (Committee). This rule changes the minimum size requirement from 1 7/8 inches in diameter to 2 inches in diameter or 4 ounces minimum weight for all long varieties of potatoes. This change returns the minimum size requirement to the standard that had been in place prior to the 2008-2009 season, when adverse weather conditions damaged the crop and resulted in the Committee recommending a temporary relaxation in the minimum size requirement. DATES: *Effective Date:* January 22, 2010. FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Telephone:
(503)326-2724, Fax:
(503)326-7440, or E-mail: *Teresa.Hutchinson@ams.usda.gov* or *GaryD.Olson@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or E-mail: *Jay.Guerber@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Agreement No. 97 and Marketing Order No. 948, both as amended (7 CFR part 948), regulating the handling of Irish potatoes grown in Colorado, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This final rule revises the minimum size requirement under the order. This rule changes the minimum size requirement from 1 7/8 inches in diameter to 2 inches in diameter or 4 ounces minimum weight for all varieties of potatoes, except for round varieties. This rule was recommended by the Committee at a meeting on June 25, 2009. Section 948.22 authorizes the issuance of grade, size, quality, maturity, pack, and container regulations for potatoes grown in the production area. Section 948.21 further authorizes the modification, suspension, or termination of requirements issued pursuant to § 948.22. Section 948.40 provides that whenever the handling of potatoes is regulated pursuant to §§ 948.20 through 948.24, such potatoes must be inspected by the Federal-State Inspection Service, and certified as meeting the applicable requirements of such regulations. Under the order, the State of Colorado is divided into three areas of regulation for marketing order purposes. Area No. 1, commonly known as the Western Slope, includes and consists of the counties of Routt, Eagle, Pitkin, Gunnison, Hinsdale, La Plata, and all counties west thereof; Area No. 2, commonly known as the San Luis Valley, includes and consists of the counties of Sanguache, Huerfano, Las Animas, Mineral, Archuleta, and all counties south thereof; and, Area No. 3 includes and consists of all the remaining counties in the State of Colorado which are not included in Area No. 1 or Area No. 2. The order currently regulates the handling of potatoes grown in Areas No. 2 and No. 3 only; regulation for Area No. 1 is currently not active. Grade, size, and maturity regulations specific to the handling of potatoes grown in Area No. 2 are contained in § 948.386 of the order. On June 25, 2009, the Committee unanimously recommended changing the minimum size requirement from 1 7/8 inches to 2 inches in diameter or 4 ounces minimum weight for all varieties of potatoes, except for round varieties. This had been the industry standard in place prior to the 2008-2009 season. Because severe and adverse weather conditions in 2008 significantly decreased yields and damaged the crop, the Committee had recommended for the 2008-2009 marketing season that the minimum size be reduced from 2 inches in diameter or 4 ounces minimum weight to 1 7/8 inches in diameter for all varieties of potatoes, except round varieties. The Committee believes it is now appropriate to return to the size regulations that were in place prior to the 2008-2009 season. The Committee believes that quality assurance is very important to the Colorado potato industry. Providing acceptable quality produce that is appealing to consumers on a consistent basis is necessary to maintain buyer confidence in the marketplace and improve producer returns. Under this final rule, potatoes other than round varieties will meet the size requirement if they are at least 2 inches in diameter or 4 ounces in weight. Some long, thin potatoes might be smaller than 2 inches in diameter, but weigh at least 4 ounces. These potatoes will meet the revised size requirement. Some potatoes might weigh less than 4 ounces, but be at least 2 inches in diameter. These potatoes will also meet the revised minimum size requirement. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 72 handlers of Colorado Area No. 2 potatoes subject to regulation under the order and approximately 175 producers in the regulated production area. Small agricultural service firms are defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. During the 2007-2008 marketing year, 14,225,568 hundredweight of Colorado Area No. 2 potatoes were inspected under the order and sold into the fresh market. Based on an estimated average f.o.b. price of $12.05 per hundredweight, the Committee estimates that 61 Area No. 2 handlers, or about 85 percent, have annual receipts of less than $7,000,000. In view of the foregoing, the majority of Colorado Area No. 2 potato handlers may be classified as small entities. In addition, based on information provided by the National Agricultural Statistics Service (NASS), the average producer price for Colorado potatoes for 2007 was $9.85 per hundredweight. The average annual fresh potato revenue for each of the 175 Colorado Area No. 2 potato producers is therefore calculated to be approximately $778,455. Consequently, on average, the majority of the Area No. 2 Colorado potato producers may not be classified as small entities. This rule changes the minimum size requirement from 1 7/8 inches in diameter to 2 inches in diameter or 4 ounces minimum weight for all potato varieties, except round varieties. Authority for this action is contained in §§ 948.21 and 948.22. NASS estimated planted acreage for the 2007 crop in Area No. 2 at 59,200 acres, a decrease of 700 acres when compared with 59,900 acres planted in 2006. Based on Committee records, 88.4 percent of Area No. 2 potatoes entered the fresh market during the 2007-2008 marketing year (including potatoes produced for seed). Of those potatoes, Russet or long potato varieties accounted for 88.3 percent. Only a small portion of the crop is expected to be negatively affected by this minimum size increase (i.e., that portion of the crop, other than round varieties, smaller than 2 inches in diameter or 4 ounces minimum weight, but larger than 1 7/8 inches in diameter) and thus no longer meet order requirements. However, due to current customer demand, many handlers are already shipping potatoes that measure 2-inches or greater. The Committee believes that the expected benefits of improved quality, increased purchases and sales volume, and increased returns received by producers will greatly outweigh the costs related to the regulation. The Committee discussed alternatives to this rule. One alternative included making no change at all to the current regulation. However, the Committee did not believe this alternative would have met the needs of buyers or provided any benefit to the industry. The Committee believes that the change will increase returns to producers while supplying the market with a higher percentage of larger high quality potatoes. This final rule changes the size requirement for all varieties of potatoes, except for round varieties. Accordingly, this action will not impose any additional reporting or recordkeeping requirements on either small or large potato handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. In addition, the Committee's meeting was widely publicized throughout the Colorado Area No. 2 potato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the June 25, 2009, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. A proposed rule concerning this action was published in the **Federal Register** on November 23, 2009 (74 FR 61053). Copies of the rule were e-mailed or sent via facsimile to all Committee members and potato handlers. Finally, the rule was made available through the Internet by USDA and the Office of the Federal Register. A 15-day comment period ending December 8, 2009, was provided to allow interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide.* 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 Committee 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 handlers are already shipping potatoes from the 2009-2010 crop. Further, handlers are aware of this rule, which was recommended at a public meeting. Also, a 15-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 948 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 948 is amended as follows: PART 948—IRISH POTATOES GROWN IN COLORADO 1. The authority citation for 7 CFR part 948 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Amend § 948.386 by revising paragraph (a)(2) to read as follows: § 948.386 Handling Regulation.
(a)* * *
(2)*All other varieties.* U.S. No. 2, or better grade, 2 inches minimum diameter or 4 ounces minimum weight. Dated: January 13, 2010. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2010-1000 Filed 1-20-10; 8:45 am]
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- 7 CFR 948
- 7 USC 601-674
- 5 USC 601-612
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