Unknown. Affirmation of interim final rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-03-08.xml --- 75 44 Monday, March 8, 2010 Contents Agricultural Agricultural Marketing Service RULES Tomatoes Grown in Florida; Decreased Assessment Rate, 10409-10410 2010-4779 PROPOSED RULES Change in the Handling Regulation: Sweet Cherries Grown in Designated Counties in Washington, 10442-10444 2010-4341 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service Arctic Arctic Research Commission NOTICES Meetings:

Arctic Research Commission, 10462 2010-4685 Army Army Department NOTICES Interim Change to the Military Freight Traffic Unified Rules Publication, 10476-10477 2010-4814 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 10490-10491 2010-4877 Coast Guard Coast Guard PROPOSED RULES Security Zones: Potomac River, Washington Channel, Washington, DC, 10446-10449 2010-4808 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration RULES Commerce Acquisition Regulation (CAR), 10568-10628 2010-4132 Community Community Development Financial Institutions Fund NOTICES Request for Public Comment:

Community Development Financial Institutions Fund, Community Development Financial and Technical Assistance Awards, Native Initiatives, and Bank Enterprise Awards, 10561-10565 2010-4786 Defense Defense Department See Army Department See Navy Department NOTICES Privacy Act; Systems of Records, 10471-10476 2010-4821 2010-4822 2010-4824 2010-4819 Employment Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10504-10505 2010-4796 Amended Certification Regarding Eligibility to Apply for Worker Adjustment Assistance:

FCI USA, LLC, Mount Union, PA, 10505 2010-4744 Meetings: Federal Regulations for Equal Employment Opportunity in Apprenticeship and Training, 10505-10507 2010-4743 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Wisconsin; NSR Reform Regulations; Denial of Petition, 10415-10416 2010-4700 Approval and Promulgation of Implementation Plans: 1-Hour Ozone Extreme Area Plan for San Joaquin Valley, CA, 10420-10438 2010-4752 Texas;

Revisions to Chapter 116 which relate to the Application Review Schedule, 10416-10420 2010-4833 Effluent Limitations Guideline, Standards for Construction and Development Point Source Category; Correction, 10438-10439 2010-4823 PROPOSED RULES Approval and Promulgation of Implementation Plans: Texas; Revisions to Chapter 116 which relate to the Application Review Schedule, 10449-10450 2010-4832 NOTICES Draft Report To Congress: Study of Discharges Incidental to Normal Operation of Commercial Fishing Vessels and Other Non-Recreational Vessels Less than 79 Feet, 10477-10479 2010-4828 Meetings:

Clean Air Scientific Advisory Committee NOx & SOx Secondary NAAQS Review Panel, 10479-10481 2010-4818 Product Cancellation Order for Certain Pesticide Registrations: Hyponex Bug Spray For House Plants et al.; Correction, 10482 2010-3537 Proposed CERCLA Administrative Cost Recovery Settlement: Sherwood Motors, Inc.; West Site/Hows Corner Superfund Site, Plymouth, ME, 10481 2010-4826 Request for Nominations of Experts: Augment the SAB Scientific and Technological Achievement Awards Committee, 10481-10482 2010-4820 Farm Farm Credit Administration RULES Borrower Rights, Effective Interest Rates, Effective Date, 10411 2010-4858 FAA Federal Aviation Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Certification and Operation FAR 125, 10550 2010-4872 Fuel Venting and Exhaust Emission Requirements for Turbine Engine Powered Airplanes, 10548 2010-4873 Pilot Records Improvement Act of 1996, 10549 2010-4875 Report of Inspections Required by Airworthiness Directives, Part 39, 10549 2010-4871 Washington, DC Metropolitan Area Special Flight Rules, 10550 2010-4848 Meetings: Aviation Rulemaking Advisory Committee, 10551-10552 2010-4792 RTCA Special Committee 217;

Joint with EUROCAE WG-44 Terrain and Airport Mapping Databases, 10552 2010-4847 Noise Exposure Map: Chandler Municipal Airport, Chandler, AZ, 10552-10553 2010-4849 Petition for Exemption; Summary of Petition Received, 10553-10554 2010-4788 FCC Federal Communications Commission RULES Cognitive Radio Technologies and Software Defined Radios, 10439-10441 2010-4855 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10482-10483 2010-4799 Financial Institutions for Which Federal Deposit Insurance Corporation has been Appointed Either Receiver, Liquidator, or Manager, 10483 2010-4798 Federal Election Federal Election Commission NOTICES Filing Dates for the Pennsylvania Special Election in the 12th Congressional District, 10483-10484 2010-4774 Meetings;

Sunshine Act, 10484 2010-4772 Federal Housing Federal Housing Finance Agency PROPOSED RULES Minority and Women Inclusion, 10446 2010-4768 Federal Housing Federal Housing Finance Board PROPOSED RULES Minority and Women Inclusion, 10446 2010-4768 Federal Motor Federal Motor Carrier Safety Administration NOTICES Privacy Act; Systems of Records, 10554-10557 2010-4811 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waiver of Compliance, 10554 2010-4868 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices;

Acquisition of Shares of Bank or Bank Holding Companies, 10484-10485 2010-4740 2010-4795 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 10485 2010-4739 Fish Fish and Wildlife Service NOTICES Meetings: Trinity Adaptive Management Working Group, 10501 2010-4806 Food Food and Drug Administration RULES Confirmation of Effective Date: New Animal Drug Applications, 10413 2010-4923 NOTICES Guidance on S9 Nonclinical Evaluation for Anticancer Pharmaceuticals; Availability:

International Conference on Harmonisation, 10487-10488 2010-4841 Meetings: Advisory Committee for Pharmaceutical Science and Clinical Pharmacology, 10488-10489 2010-4812 Arthritis Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee, 10490 2010-4813 Food Food Safety and Inspection Service NOTICES Meetings: Improving Tracing Procedures for E. coli O157:H7 Positive Raw Beef Product, 10460-10462 2010-4781 Foreign Foreign Assets Control Office NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 10557-10560 2010-4782 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Timber Purchaser Cost and Sales Data, 10455 2010-4810 Environmental Impact Statements; Availability, etc.: Andrew Pickens Ranger District, SC; AP Loblolly Pine Removal and Restoration Project, 10457-10460 2010-4689 Kootenai National Forest, Fortine Ranger District, MT, 10456-10457 2010-4687 Meetings: Wrangell-Petersburg Resource Advisory Committee, 10460 2010-4322 Yakutat Resource Advisory Committee, 10460 2010-4691 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Indian Indian Health Service NOTICES Tribal Self-Governance Program Negotiation Cooperative Agreement, 10492-10496 2010-4854 Tribal Self-Governance Program Planning Cooperative Agreement, 10496-10500 2010-4834 Industry Industry and Security Bureau NOTICES Action Affecting Export Privileges: Mohamad M. Elkateb, 10462-10463 2010-4776 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service NOTICES Allocation of Duty-Exemptions:

Calendar Year 2010 for Watch Producers Located in the United States Virgin Islands, 10463 2010-4862 International International Trade Administration NOTICES Allocation of Duty-Exemptions: Calendar Year 2010 for Watch Producers Located in the United States Virgin Islands, 10463 2010-4862 Partial Rescission of Antidumping Duty Administrative Review and Extension of Time Limit etc.: Certain Pasta from Italy, 10464-10466 2010-4856 Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty, etc.:

Certain Potassium Phosphate Salts from the People's Republic of China, 10466-10470 2010-4870 International International Trade Commission NOTICES Investigations: Certain Electronic Devices, Including Handheld Wireless Communications Devices, 10502-10503 2010-4791 Drill Pipe and Drill Collars from China, 10501-10502 2010-4746 Justice Justice Department NOTICES Lodging of Consent Decree Under the Clean Air Act, 10503 2010-4790 Lodging of Consent Decree Under the Clean Air Act, the Clean Water Act, et al., 10503 2010-4789 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Workers Compensation Programs Office Minerals Minerals Management Service NOTICES Environmental Impact Statements;

Availability, etc.: Environmental Assessment Prepared for Proposed Cape Wind Energy Project in Nantucket Sound, MA, 10500-10501 2010-4926 National Archives National Archives and Records Administration RULES Researcher Identification Card, 10414-10415 2010-4838 NOTICES Meetings: National Industrial Security Program Policy Advisory Committee, 10507 2010-4844 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 10489, 10491 2010-4589 2010-4837 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 10491 2010-4840 National Eye Institute, 10489 2010-4584 National Human Genome Research Institute, 10488 2010-4839 National Institute of Allergy and Infectious Diseases, 10488 2010-4836 National Institute of Mental Health, 10492 2010-4817 National Institute on Alcohol Abuse and Alcoholism, 10489-10490 2010-4588 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Vessels Catching Pacific Cod for Processing by the Offshore Component in Western Regulatory Area of Gulf of Alaska; Closure, 10441 2010-4857 PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Bluefish Fisheries; 2010 Atlantic Bluefish Specifications, 10450-10454 2010-4681 NOTICES Application: Marine Mammals, 10463-10464 2010-4865 Public Hearings: New England Fishery Management Council, 10470-10471 2010-4733 National Science National Science Foundation NOTICES Meetings:

Advisory Committee for Biological Science, 10507 2010-4860 National Telecommunications National Telecommunications and Information Administration NOTICES Broadband Technology Opportunities Program, 10464 2010-4777 Navy Navy Department RULES Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972; Correction, 10413-10414 2010-4666 Nuclear Nuclear Regulatory Commission RULES Alternate Fracture Toughness Requirements for Protection Against Pressurized Thermal Shock Events;

Correcting Amendment, 10410-10411 2010-4846 PROPOSED RULES Denial of Petition for Rulemaking: Nuclear Energy Institute, 10444-10445 2010-4827 NOTICES Consideration of Issuance of Amendment to Facility Operating License, etc.: Duke Energy Carolinas, LLC; Catawba Nuclear Station (Units 1 and 2), 10513-10517 2010-4815 Duke Energy Carolinas, LLC; McGuire Nuclear Station Units 1 and 2, 10508-10513 2010-4850 Exemption: Nebraska Public Power District; Cooper Nuclear Station, 10517-10519 2010-4830 License Amendment Request and Opportunity To Request A Hearing:

Worcester Polytechnic Institute for Approval of the Decommissioning Plan for the Leslie C. Wilbur Nuclear Reactor Facility in Worcester, MA, 10519-10524 2010-4825 NUREG-0654/FEMA-REP-1, Rev. 1, Supplement 3, Guidance for Protective Action Recommendations for General Emergencies, 10524 2010-4878 Order Imposing Requirements for a Reviewing Official for the Implementation of a Safeguards Information Program: Areva Enrichment Services, LLC, 10525-10526 2010-4829 Order Prohibiting Involvement in NRC-Licensed Activities:

Lawrence E. Grimm, 10526-10529 2010-4831 Occupational Occupational Safety and Health Administration NOTICES Extension of Nominations Deadline: Federal Advisory Council on Occupational Safety and Health, 10630 2010-4842 Postal Postal Regulatory Commission NOTICES Mail Classification Change, 10529 2010-4861 RUS Rural Utilities Service NOTICES Broadband Initiatives Program, 10455-10456 2010-4780 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10529-10530 2010-4741 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 10539-10541 2010-4763 NASDAQ Stock Market LLC, 10541-10542 2010-4734 National Securities Clearing Corp., 10542-10543 2010-4738 New York Stock Exchange LLC, 2010-4736 2010-4764 10533-10535, 10538-10539, 10543-10545 2010-4784 NYSE Amex LLC, 10530-10533, 10535-10538 2010-4735 2010-4737 2010-4765 2010-4785 Social Social Security Administration NOTICES Meetings:

Occupational Information Development Advisory Panel, 10545-10546 2010-4760 State State Department NOTICES Meetings: Shipping Coordinating Committee, 10546-10547 2010-4853 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10485-10486 2010-4807 Surface Surface Transportation Board NOTICES Abandonment Exemption: CSX Transportation, Inc., Jefferson County, NY, 10547-10548 2010-4657 Discontinuance of Trackage Rights Exemption:

BNSF Railway Company, Peoria and Tazewell Counties, IL, 10550-10551 2010-4953 Meetings: Rail Energy Transportation Advisory Committee, 10551 2010-4863 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10560-10561 2010-4851 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Surface Transportation Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 10547 2010-4852 Treasury Treasury Department See Community Development Financial Institutions Fund See Foreign Assets Control Office See Thrift Supervision Office See United States Mint RULES Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material from Pre-Hispanic Cultures of the Republic of El Salvador, 10411-10413 2010-4783 Customs U.S. Customs and Border Protection RULES Extension of Import Restrictions Imposed on Certain Categories of Archaeological Material from Pre-Hispanic Cultures of the Republic of El Salvador, 10411-10413 2010-4783 U.S.

Mint United States Mint NOTICES Pricing for 2010 United States Mint America the Beautiful Quarters Two-Roll Set, etc, 10561 2010-4866 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10504 2010-4793 Separate Parts In This Issue Part II Commerce Department, 10568-10628 2010-4132 Part III Labor Department, Occupational Safety and Health Administration, 10630 2010-4842 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 44 Monday, March 8, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 [Doc. No. AMS-FV-09-0063; FV09-966-2 FIR] Tomatoes Grown in Florida; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim final rule as final rule. SUMMARY: The Department of Agriculture

(USDA)is adopting, as a final rule, without change, an interim final rule that decreased the assessment rate established for the Florida Tomato Committee (Committee), for the 2009-10 and subsequent fiscal periods from $0.0375 to $0.0275 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order, which regulates the handling of tomatoes grown in Florida. The interim final rule was necessary to align the Committee's expected revenue with decreases in its proposed budget for the 2009-10 and subsequent fiscal periods, which began on August 1. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* March 9, 2010. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Manager, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; *Telephone:*

(863)324-3375, *Fax:*

(863)325-8793, or *E-mail: Doris.Jamieson@ams.usda.gov* or *Christian.Nissen@ams.usda.gov* . Small businesses may obtain information on complying with this and other marketing order and agreement regulations by viewing a guide at the following Web site: *http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide* ; or by contacting Antoinette Carter, 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: Antoinette.Carter@ams.usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 125 and Order No. 966, both as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida, 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. Under the order, Florida tomato handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable Florida tomatoes handled during the fiscal period and continue indefinitely until amended, suspended, or terminated. The Committee's fiscal period begins on August 1, and ends on July 31. In an interim final rule published in the **Federal Register** on November 4, 2009, and effective on November 5, 2009 (74 FR 57057; Doc. No. AMS-FV-09-0063, FV09-966-2 IFR), § 966.232 was amended by decreasing the assessment rate established for the Committee for the 2009-10 and subsequent fiscal periods from $0.0375 to $0.0275 per 25-pound carton or equivalent of Florida tomatoes. The decrease in the per-unit assessment rate was possible due to a significant decrease in education and promotion expenses for 2009-10. 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 rule 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 the 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 100 producers of tomatoes in the production area and approximately 70 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,000,000 (13 CFR 121.201). Based on industry and Committee data, the average annual price for fresh Florida tomatoes during the 2008-09 season was approximately $8.13 per 25-pound carton, and total fresh shipments for the 2008-09 season were 47,054,853 25-pound cartons of tomatoes. Committee data indicates 10 percent of the handlers handle 56 percent of the total volume shipped outside the regulated area. Based on the average price and the other data available, a majority of handlers could be considered small businesses under SBA's definition. In addition, based on production data, grower prices as reported by the National Agricultural Statistics Service, and the total number of Florida tomato growers, the average annual grower revenue is below $750,000. Thus, the majority of handlers and producers of Florida tomatoes may be classified as small entities. This rule continues in effect the action that decreased the assessment rate established for the Committee and collected from handlers for the 2009-10 and subsequent fiscal periods from $0.0375 to $0.0275 per 25-pound carton of tomatoes. The Committee unanimously recommended 2009-10 expenditures of $1,910,500 and an assessment rate of $0.0275 per 25-pound container of tomatoes. The assessment rate of $0.0275 is $0.01 lower than the 2008-09 rate. The quantity of assessable tomatoes for the 2009-10 season is estimated at 50 million. Thus, the $0.0275 rate should provide $1,375,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Market Access Program will be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2009-10 fiscal period include $700,000 for education and promotion, $475,500 for salaries, $320,000 for research, and $70,000 for employee retirement. Budgeted expenses for these items in 2008-09 were $1,200,000, $505,500, $320,000, and $77,000, respectively. The Committee recommended the decrease in assessment rate due to the reduction in expenditures for education and promotion. Prior to arriving at this budget, the Committee considered information from various sources, such as the Committee's Finance, Research, and Education and Promotion Subcommittees. Alternative expenditure levels were discussed by these groups, based upon the relative value of various projects to the tomato industry. The assessment rate of $0.0275 per 25-pound carton of assessable tomatoes was then determined by dividing the total recommended budget by the quantity of assessable tomatoes, estimated at 50 million 25-pound cartons for the 2009-10 season. Considering income from assessments, interest, and income from other sources, total income will be approximately $41,500 above the anticipated expenses, which the Committee determined to be acceptable. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the grower price for the 2009-10 season could range between $3.89 and $19.01 per 25-pound carton of tomatoes. Therefore, the estimated assessment revenue for the 2009-10 season as a percentage of total grower revenue could range between .1 and .7 percent. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Florida tomato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the August 20, 2009, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This action imposes no additional reporting or recordkeeping requirements on either small or large Florida tomato 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Comments on the interim final rule were required to be received on or before January 4, 2010. No comments were received. Therefore, for the reasons given in the interim final rule, we are adopting the interim final rule as a final rule, without change. To view the interim final rule, go to *http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480a503fc* . This action also affirms information contained in the interim final rule concerning the Executive Orders 12866 and 12988, the Paperwork Reduction Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim final rule, without change, as published in the **Federal Register** (74 FR 57057, November 4, 2009) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 966 Marketing agreements, Reporting and recordkeeping requirements, Tomatoes. PART 966—TOMATOES GROWN IN FLORIDA Accordingly, the interim final rule amending 7 CFR part 966, which was published at 74 FR 57057 on November 4, 2009, is adopted as a final rule, without change. Dated: March 2, 2010. Rayne Pegg, Administrator, Agricultural Marketing Service. [FR Doc. 2010-4779 Filed 3-5-10; 8:45 am]

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