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--- schema: federal-register doc_type: fedreg source_file: FR-2010-02-05.xml --- 75 24 Friday, February 5, 2010 Contents Agricultural Agricultural Marketing Service RULES Change in Regulatory Periods: Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes, 5879-5886 2010-2542 PROPOSED RULES Changes to Reporting Dates: Cranberries Grown in the States of MA, RI, CT, NJ, WI, MI, MN, OR, WA, and Long Island, NY, 5898-5899 2010-2546 Revised Nomination and Balloting Procedures:

Cranberries Grown in the States of MA, RI, CT, NJ, WI, MI, MN, OR, WA, and Long Island, NY, 5900-5901 2010-2549 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 5940-5941 2010-2543 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service See Rural Utilities Service NOTICES Establishment of Wildlife and Hunting Heritage Conservation Council, 6056 2010-2582 Air Force Air Force Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 6002-6003 2010-2446 2010-2448 Privacy Act; Systems of Records, 6005-6006 2010-2444 Army Army Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6002-6003 2010-2449 Environmental Impact Statements; Availability, etc.: Stationing and Operation of Joint High Speed Vessels (JHSVs), 6003-6004 2010-2142 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bonneville Bonneville Power Administration NOTICES Availability of Records of Decisions:

Electrical Interconnection of Lower Snake River Wind Energy Project, 6020 2010-2518 Civil Civil Rights Commission NOTICES Meetings: Utah Advisory Committee, 5943-5944 2010-2525 Wyoming Advisory Committee, 5944 2010-2526 Coast Guard Coast Guard PROPOSED RULES Safety Zone: Dive Platform; Pago Pago Harbor, American Samoa, 5907-5909 2010-2470 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-2512 5944-5945 2010-2513 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 5967-5971 2010-2506 2010-2507 Defense Defense Department See Air Force Department See Army Department See Engineers Corps NOTICES 36(b)(1) Arms Sales Notification, 5971-5993 2010-2443 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-2447 5994-5997 2010-2451 2010-2456 2010-2457 Privacy Act;

Systems of Records, 5997-6002 2010-2441 2010-2442 2010-2445 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances: Application, 6062 2010-2575 Registration, 6061-6062 2010-2570 Manufacturers of Controlled Substances: Registration, 6062 2010-2578 Education Education Department NOTICES Applications for Funding: Cooperative Civic Education and Economic Education Exchange Program; Correction, 6006-6007 2010-2555 School Leadership Grant Program, 6007-6012 2010-2561 National Assessment of Educational Progress

(NAEP)in Reading, 6012-6013 2010-2550 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission NOTICES Decisions and Orders: Energy Conservation Program for Consumer Products; Granting Waiver to Hallowell International, etc., 6013-6018 2010-2515 Meetings: Environmental Management Site-Specific Advisory Board, Hanford, 6018 2010-2517 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Dam Safety Assurance Program Modification Report for the Isabella Dam Project, Kern County, CA, 6004-6005 2010-2510 EPA Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6022-6025 2010-2536 2010-2538 2010-2539 Environmental Impact Statements; Availability, etc.: Availability of EPA Comments, 6025-6026 2010-2572 Weekly Receipt, 6026-6027 2010-2537 Pesticide Experimental Use Permits: Receipt of Application; Comment Request, 6027-6028 2010-2383 Project Waiver of Section 1605 Buy American Requirement of the American Recovery and Reinvestment Act of 2009 to the City of LaSalle, IL, 6028-6030 2010-2541 Request for Nominations of Experts for the SAB Lead Pb Review Panel, 6030-6031 2010-2535 Revised Risk Assessment Methods for Workers, Children of Workers in Agricultural Fields, etc., 6031 2010-2400 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Proposed Amendments of Class E Airspace: Claremore, OK, 5905-5907 2010-2531 Magnolia, AR, 5904-5905 2010-2544 FCC Federal Communications Commission NOTICES Meetings: Advisory Committee on Diversity for Communications in the Digital Age, 6031-6032 2010-2540 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 5894-5897 2010-2477 Suspension of Community Eligibility, 5890-5893 2010-2487 Suspension of Community Eligibility for Failure to Maintain Adequate Floodplain Management Regulations, 5893-5894 2010-2479 PROPOSED RULES Proposed Flood Elevation Determinations, 5909-5929 2010-2478 2010-2493 Proposed Flood Elevation Determinations; Correction, 5929-5931 2010-2490 2010-2491 NOTICES Emergency and Related Determinations: Arizona, 6046-6047 2010-2480 Federal Energy Federal Energy Regulatory Commission NOTICES Applications for Amendments of Licenses and Soliciting Comments, Motions to Intervene, and Protests: Boyce Hydro Power, LLC, 6018-6019 2010-2484 Applications for Transfers of Licenses and Soliciting Comments and Motions to Intervene: NewPage Wisconsin System Inc.; Kaukauna Utilities, 6019 2010-2483 Attendance at NYISO Meetings, 6019-6020 2010-2482 Competing Preliminary Permit Applications Accepted for Filing and Soliciting Comments, etc.: Brookfield Power United States; Generation Development, LLC; Robertson Energy Group, LLC, 6020-6021 2010-2485 Petitions for Rate Approval: Arkansas Oklahoma Gas Corp., 6021 2010-2481 Withdrawals of Staff Protests to Proposed Blanket Certificate Activities: Florida Gas Transmission Co., LLC, 6021 2010-2486 FMC Federal Maritime Commission NOTICES Agreements Filed, 6032 2010-2566 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Federal Sport Fish Restoration; California Department of Fish and Game Fish Hatchery and Stocking Program, 6058-6060 2010-2509 Food Food and Drug Administration RULES Listing of Color Additives Exempt From Certification: Astaxanthin Dimethyldisuccinate; Confirmation of Effective Date, 5887 2010-2522 Paracoccus Pigment; Confirmation of Effective Date, 5887 2010-2521 New Animal Drugs for Use in Animal Feeds: Ractopamine; Monensin, 5887-5888 2010-2427 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6034-6039 2010-2458 2010-2523 2010-2527 Food Food and Nutrition Service RULES Commodity Supplemental Food Program: Amendment Removing Priority Given to Women, Infants, and Children before the Elderly in Program Participation, 5877-5879 2010-2594 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Umatilla National Forest, Walla Walla Ranger District, Walla Walla, Washington Cobbler II Timber Sale and Fuels Reduction Project, 5941-5943 2010-2505 GSA General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6032 2010-2495 Bulletins: FMR B-25; Property Obtained through Use of Charge Cards, 6032-6033 2010-2496 Health Health and Human Services Department See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 6033 2010-2511 Meetings: President's Advisory Council on Faith-Based and Neighborhood Partnerships, 6033-6034 2010-2577 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Federal Manufactured Home Construction and Safety Standards and Other Orders: HUD Statements that are Subject to Consensus Committee Processes, 5888-5890 2010-2571 NOTICES Federal Property Suitable as Facilities to Assist the Homeless, 6047 2010-2209 Funding Awards for Fiscal Year 2009 for the Housing Choice Voucher Program, 6047-6056 2010-2568 Industry Industry and Security Bureau NOTICES Meetings: Emerging Technology and Research Advisory Committee, 5952 2010-2502 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Establishment of Wildlife and Hunting Heritage Conservation Council, 6056 2010-2582 Renewal of National Geospatial Advisory Committee, 6056-6057 2010-2508 Terminating the Sporting Conservation Council, 6057 2010-2497 International International Trade Administration NOTICES Extension of Time Limit for the Preliminary Results: First Antidumping Duty Administrative Review of Sodium Hexametaphosphate from the People's Republic of China, 5946-5947 2010-2589 Final Results and Rescission in Part of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils from Taiwan, 5947-5950 2010-2592 Preliminary Results of Antidumping Duty Administrative Review and Intent to Rescind Review in Part: Wooden Bedroom Furniture from the People's Republic of China, 5952-5964 2010-2590 Preliminary Results of Antidumping Duty Administrative Review: Certain Polyester Staple Fiber from Taiwan, 5964-5967 2010-2593 International International Trade Commission NOTICES Meetings; Sunshine Act, 6060 2010-2630 Justice Justice Department See Drug Enforcement Administration NOTICES Lodging of Consent Decrees under Clean Air Act, 6060-6061 2010-2489 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Chevron Energy Solutions Lucerne Valley Solar Project, San Bernardino County, CA, 6057-6058 2010-2299 Meetings: Southwest Colorado Resource Advisory Council, 6060 2010-1895 Marine Marine Mammal Commission NOTICES Meetings, 6062-6063 2010-2379 National Highway National Highway Traffic Safety Administration PROPOSED RULES Anthropomorphic Test Devices: Hybrid III Test Dummy, ES-2re Side Impact Crash Test Dummy, 5931-5939 2010-2308 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2010-2437 6039-6041, 6044-6046 2010-2439 2010-2558 2010-2435 National Cancer Institute, 6040-6041, 6043-6044 2010-2436 2010-2438 2010-2440 National Center for Complementary and Alternative Medicine, 6039, 6041-6042 2010-2434 2010-2557 National Institute of Allergy and Infectious Diseases, 6043 2010-2563 2010-2565 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 6046 2010-2560 National Institute of Biomedical Imaging and Bioengineering, 6039 2010-2562 National Institute of Diabetes and Digestive and Kidney Diseases, 6042-6043 2010-2569 National Institute of Environmental Health Sciences, 6044 2010-2433 National Institute on Aging, 6042 2010-2432 National Institute on Drug Abuse, 6042 2010-2430 National Library of Medicines, 6042 2010-2431 NOAA National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Cooperatives in the Bering Sea and Aleutian Islands, 5945-5946 2010-2503 Pacific Coast Groundfish, Rationalization Sociocultural Study, 5945 2010-2504 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico, 5951-5952 2010-2429 Snapper and Grouper Off the Southern Atlantic States, 5950-5951 2010-2428 National Science National Science Foundation NOTICES Meetings: Committee on Equal Opportunities in Science and Engineering, 6063 2010-2499 Nuclear Nuclear Regulatory Commission NOTICES Availability of NRC Open Government Website, 6063-6064 2010-2533 Draft Emergency Action Level Frequently Asked Questions, 6064 2010-2545 Environmental Impact Statements; Availability, etc.: Creek In-Situ Recovery Project in Sweetwater County, Wyoming, 6068-6069 2010-2530 Dominion Energy Kewaunee, Inc; Kewaunee Power Station, 6065 2010-2552 License Amendment for Revised Groundwater Protection Standards, Western Nuclear, Inc., Jeffrey City, Wyoming, 6067-6068 2010-2548 Moore Ranch In-Situ Recovery Project in Campbell County, Wyoming, 6065-6066 2010-2528 Nichols Ranch In-Situ Recovery Project in Campbell and Johnson Counties, Wyoming, 6066-6067 2010-2529 Establishment of Atomic Safety and LIcensing Board: Idaho State University, 6069-6070 2010-2553 Meetings: International Atomic Energy Agency Basic Safety Standards Version 3.0, Draft Safety Requirements DS379, 6070-6071 2010-2547 Withdrawal of Application for Amendment to Facility Operating License: Exelon Generation Company, Llc, PSEG Nuclear, Llc; Peach Bottom Atomic Power Station Units 2 and 3, 6071 2010-2532 Presidential Presidential Documents PROCLAMATIONS Special Observances: American Heart Month (Proc. 8477), 6085-6086 2010-2743 National African American History Month (Proc. 8476), 6081-6084 2010-2742 ADMINISTRATIVE ORDERS Carbon Capture and Storage; Federal Strategy (Memorandum of February 3, 2010), 6087-6088 2010-2744 RUS Rural Utilities Service PROPOSED RULES Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes, 5902-5904 2010-2402 SEC Securities and Exchange Commission NOTICES Meetings: Investor Advisory Committee, 6071-6072 2010-2519 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ Stock Market LLC, 6072-6079 2010-2500 2010-2501 State State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Compass and Rule; Architecture as Mathematical Practice in England (1500-1750), 6079 2010-2551 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Separate Parts In This Issue Part II Presidential Documents, 6081-6088 2010-2743 2010-2742 2010-2744 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 24 Friday, February 5, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 247 [FNS-2009-0015] RIN 0584-AD93 Commodity Supplemental Food Program (CSFP): Amendment Removing Priority Given to Women, Infants, and Children Before the Elderly in Program Participation AGENCY: Food and Nutrition Service, USDA

(FNS)ACTION: Final rule. SUMMARY: This final rule amends the regulations for the Commodity Supplemental Food Program

(CSFP)by removing the priority given to women, infants, and children before the elderly in program participation, in accordance with the amendment made by the Food, Conservation, and Energy Act of 2008 (the 2008 Farm Bill). As a result of this amendment, local agencies are no longer required to prioritize benefit issuance based on population group. All CSFP applicants may be treated equally when caseload slots become available, provided all eligibility requirements are met. DATES: *Effective Date:* This rule will become effective on March 8, 2010, without further notice. FOR FURTHER INFORMATION CONTACT: Michelle Waters, Program Analyst, at Policy Branch, Food Distribution Division, Food and Nutrition Service, U.S. Department of Agriculture, Room 500, 3101 Park Center Drive, Alexandria, Virginia 22302-1594 or by telephone at

(703)305-2662. SUPPLEMENTARY INFORMATION: I. Background The Food and Nutrition

(FNS)is amending CSFP regulations at 7 CFR part 247 to incorporate the requirements of the Food, Conservation, and Energy Act of 2008, Public Law 110-246 (the 2008 Farm Bill). Before the 2008 Farm Bill, the Agriculture and Consumer Protection Act of 1973, 7 U.S.C. 612c note, required that low-income elderly persons could only be served by CSFP if funds were available after all women, infants, and children were first served. Section 4221 of the 2008 Farm Bill eliminated the priority status given to women, infants, and children effective October 1, 2008. Following enactment of the 2008 Farm Bill, on July 16, 2008, FNS issued a policy memorandum implementing Section 4221, which became effective on October 1, 2008. As a result of the memorandum, FNS has not required local agencies to prioritize women, infant, and children applicants over elderly applicants for participation in CSFP since the effective date. The proportion of elderly individuals participating in CSFP has increased significantly in a relatively short amount of time. In fiscal year

(FY)1998, about two-thirds, or 66 percent, of all CSFP participants were elderly. Elderly participation increased to 93 percent by FY 2008. During the same time period, Special Supplemental Nutrition Program for Women, Infants, and Children

(WIC)participation increased by over 1.3 million. The change in the CSFP participant population is due primarily to the prevalence of the WIC program. Because of greater accessibility of health care and nutrition education where it is available, WIC is more appropriate for women, infants, and children who are categorically eligible. The 2008 Farm Bill provision recognizes the participation trend and the fact that most women, infants, and children who are eligible to participate in CSFP could alternatively participate in WIC, which provides nutrition services to eligible pregnant, post-partum and breastfeeding women, infants, and children up to the age of five, while low-income elderly do not enjoy a choice between the two programs. WIC operates in all areas that CSFP serves and provides food, as well as nutrition education and health referrals. Furthermore, WIC has the capability to serve all CSFP participants who are eligible for WIC. II. Discussion of the Final Rule Provisions A. Applicants Exceed Caseload Levels, 7 CFR Part 247.11 In this final rule, we remove the requirement in 7 CFR 247.11(a) that local agencies identify the population group of each CSFP applicant on its waiting list. This rule provides that CSFP local agencies have the discretion to continue to collect this information, if needed for food package planning purposes. In 7 CFR 247.11(b), we remove the requirement that local agencies provide benefits to eligible individuals on the CSFP waiting list in order of priority by specified population group. The 2008 Farm Bill removed the priority given to women, infants, and children, thus eliminating the need for this regulatory provision. In the revised 7 CFR 247.11(b), a local agency must certify eligible individuals consistent with civil rights requirements at 7 CFR 247.37. Furthermore, we specify in the revised 7 CFR 247.11(b) that local agencies may certify eligible individuals from the waiting list based on the date of their application, on a first-come, first-served basis. B. Certification Period, 7 CFR Part 247.16 In 7 CFR 247.16(a)(2)(iii), we remove the requirement that State agencies may only allow local agencies to extend the certification period for elderly persons without a formal review only if no eligible women, infants, or children are waiting to be served. However, the local agency must continue to verify the elderly person's address and continued interest in receiving CSFP benefits, and the local agency must have sufficient reason to believe the person still meets income eligibility standards. This change brings CSFP regulations into compliance with Section 4221 of the 2008 Farm Bill. C. Caseload Assignment, 7 CFR Part 247.21 In the introductory text to 7 CFR 247.21(a)(2), for additional caseload requests from State agencies, we eliminate the FNS priority consideration given to requests to increase service to women, infants, and children over requests to increase service to the elderly. In 7 CFR 247.21(a)(2)(iii)(A), we remove previous year program participation of women, infants, and children, and the elderly in a State as a factor of consideration for determining the amount of additional caseload States should receive. Likewise, in 7 CFR 247.21(a)(3) we eliminate program participant categories as a factor of consideration in the FNS assignment of caseload to State agencies which have approved State Plans and begin to participate in CSFP. These three changes bring CSFP regulations into compliance with Section 4221 of the 2008 Farm Bill. III. Procedural Matters A. Executive Order 12866 This rule has been determined to be not significant and was not reviewed by the Office of Management and Budget

(OMB)under Executive Order 12866. B. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). It has been certified that this action will not have a significant impact on a substantial number of small entities. Although State and local agencies administering CSFP will be affected by this rulemaking, the economic effect will not be significant. C. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under Section 202 of the UMRA, FNS generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, Section 205 of the UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective, or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, and tribal governments or the private sector of $100 million or more in any one year. This rule is, therefore, not subject to the requirements of Sections 202 and 205 of the UMRA. D. Executive Order 12372 CSFP is listed in the Catalog of Federal Domestic Assistance under 10.565. For the reasons set forth in the final rule in 7 CFR part 3015, Subpart V and related Notice (48 FR 29114, June 24, 1983), the donation of foods in such programs is included in the scope of Executive Order 12372, which requires intergovernmental consultation with State and local officials. E. Federalism Summary Impact Statement Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under Section (6)(b)(2)(B) of Executive Order 13132. FNS has considered the impact of this rule on State and local governments and has determined that this rule does not have federalism implications. F. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is intended to have a preemptive effect with respect to any State or local laws, regulations, or policies which conflict with its provisions or which would otherwise impede its full implementation. This rule is not intended to have retroactive effect. Prior to any judicial challenge to the provisions of this rule or the application of its provisions, all applicable administrative procedures must be exhausted. G. Civil Rights Impact Analysis

(CRIA)The Office of Civil Rights

(OCR)has assessed civil rights implications and impacts of eligibility criteria, methods of administration, and other requirements associated with this rule, including strategies to eliminate, alleviate, or mitigate adverse and any disproportionate civil rights impacts identified in the CRIA. Based on a thorough review of this regulation, OCR has determined: • This change will bring CSFP regulations into compliance with the 2008 Farm Bill; • It is important to closely monitor changes in CSFP participation rates; • CSFP policy has directed local agencies to refer women, infants, and children to WIC or other appropriate programs; and • OCR will incorporate implementation of this rule change into Civil Rights Compliance Reviews to assess longitudinal trends. H. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. Chap. 35; see 5 CFR part 1320) requires that OMB approve all collections of information by a Federal agency from the public before they can be implemented. Respondents are not required to respond to any collection of information unless it displays a current valid OMB control number. This rule does not contain any new information collection requirements that are subject to review and approval by OMB. I. E-Government Act Compliance FNS is committed to compliance 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. J. Good Cause Determination This action is being finalized without prior notice or public comment under authority of 5 U.S.C. 553(b)(3). Section 4221 of the 2008 Farm Bill amends Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note, 87 Stat. 249) by eliminating the requirement that all eligible women, infants, and children are to be served before elderly persons in CSFP. The 2008 Farm Bill language is clear and mandatory, leaving no room for discretion. CSFP regulations are therefore inconsistent with Section 5 of the Agriculture and Consumer Protection Act of 1973. Thus, the Department has determined in accordance with 5 U.S.C. 553(b) that Notice of Proposed Rulemaking and Opportunity for Public Comments is unnecessary and contrary to the public interest and, in accordance with 5 U.S.C. 553(d), finds that good cause exists for making this action effective without prior public comment. List of Subjects in 7 CFR Part 247 Education, Food assistance programs, Grant programs—health, Grant programs—social programs, Indians, Infants and children, Investigations, Maternal and child health, Nutrition, Reporting and recordkeeping requirements, Surplus agricultural commodities, Women. Accordingly, 7 CFR part 247 is amended as follows: PART 247—COMMODITY SUPPLEMENTAL FOOD PROGRAM 1. The authority citation for 7 CFR part 247 is revised to read as follows: Authority: Sec. 5, Pub. L. 93-86, 87 Stat. 249, as added by Sec. 1304(b)(2), Pub. L. 95- 113, 91 Stat. 980 (7 U.S.C. 612c note); sec. 1335, Pub. L. 97-98, 95 Stat. 1293 (7 U.S.C. 612c note); sec. 209, Pub. L. 98-8, 97 Stat. 35 (7 U.S.C. 612c note); sec. 2(8), Pub. L. 98-92, 97 Stat. 611 (7 U.S.C. 612c note); sec. 1562, Pub. L. 99-198, 99 Stat. 1590 (7 U.S.C. 612c note); sec. 101(k), Pub. L. 100-202; sec. 1771(a), Pub. L. 101-624, 101 Stat. 3806 (7 U.S.C. 612c note); sec 402(a), Pub. L. 104-127, 110 Stat. 1028 (7 U.S.C. 612c note); sec. 4201, Pub. L. 107-171, 116 Stat. 134 (7 U.S.C. 7901 note); sec. 4221, Pub. L. 110-246, 122 Stat. 1886 (7 U.S.C. 612c note). 2. Section 247.11 is amended by revising the second sentence in paragraph

(a)and by revising paragraph

(b)to read as follows: § 247.11 Applicants exceed caseload levels.

(a)* * * In establishing the waiting list, the local agency must include the date of application and information necessary to allow the local agency to contact the applicant when caseload space becomes available. * * *

(b)*What are the requirements for serving individuals on the waiting list once caseload slots become available?* The local agency must certify eligible individuals from the waiting list consistent with civil rights requirements at § 247.37. For example, a local agency may certify eligible individuals from the waiting list based on the date the application was received on a first-come, first-served basis. § 247.16 [Amended] 3. Section 247.16 is amended in paragraph (a)(2)(i) by adding the word “and” after the semi-colon; paragraph (a)(2)(ii) by removing “; and”, and adding a period at the end of the sentence; and by removing paragraph (a)(2)(iii). 4. In § 247.21: a. Revise the introductory text of paragraph (a)(2); b. Remove paragraph (a)(2)(iii)(A); c. Redesignate paragraphs (a)(2)(iii)(B) through (a)(2)(iii)(D) as paragraphs (a)(2)(iii)(A) through (a)(2)(iii)(C), respectively; and d. Remove the second sentence of paragraph (a)(3). The revision reads as follows: § 247.21 Caseload assignment.

(a)* * *

(2)*Additional caseload.* Each participating State agency may request additional caseload to increase program participation. Eligibility for and assignment of additional caseload are determined in the following manner: Dated: January 27, 2010. Julia Paradis, Administrator, Food, Nutrition, and Consumer Services. [FR Doc. 2010-2594 Filed 2-4-10; 8:45 am]

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