Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-04.xml --- 75 107 Friday, June 4, 2010 Contents Agricultural Agricultural Marketing Service RULES Change in the Handling Regulation: Sweet Cherries Grown in Designated Counties in Washington, 31663-31665 2010-13408 PROPOSED RULES Popcorn Promotion, Research, and Consumer Information Order; Reapportionment, 31730-31731 2010-13407 Recommended Decision on Proposed Amendment of Marketing Agreement and Order No. 930:

Tart Cherries Grown in States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, 31719-31730 2010-13348 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Brucellosis in Sheep, Goats, and Horses; Payment of Indemnity, 31743-31744 2010-13450 Importation of Artificially Dwarfed Plants, 31748-31749 2010-13445 Importation of Horses, Ruminants, Swine, and Dogs; Inspection and Treatment for Screwworm, 31745-31746 2010-13444 Importation of Mangoes from the Philippines, 31746-31747 2010-13447 Interstate Movement of Certain Land Tortoises, 31747-31748 2010-13448 National Veterinary Services Laboratories Request Forms, 31745 2010-13442 Antitrust Antitrust Division NOTICES National Cooperative Research and Production Act of 1993;

Notifications: Diesel After treatment Accelerated Aging Cycles - Heavy-Duty, 31816 2010-13311 INS Global Learning Consortium, Inc., 31816 2010-13310 Pistoia Alliance, Inc., 31815-31816 2010-13309 Army Army Department NOTICES Environmental Impact Statements; Availability, etc.: Training Land Expansion for Fort Benning, GA, 31770-31771 2010-13443 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31789-31790 2010-13302 2010-13303 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 31760-31761 2010-13588 Civil Civil Rights Commission NOTICES Meetings: Connecticut Advisory Committee; Agenda, 31761 2010-13397 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31761 2010-13430 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 31768-31770 2010-13472 2010-13473 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31840-31842 2010-13247 2010-13249 2010-13251 Consumer Consumer Product Safety Commission RULES Requirements for Accreditation of Third Party Conformity:

Third Party Testing for Certain Children's Products; Infant Bath Seats, 31688-31691 2010-13080 Safety Standards: Infant Bath Seats, 31691-31699 2010-13073 NOTICES Meetings; Sunshine Act, 31770 2010-13515 Defense Defense Department See Army Department Education Education Department NOTICES Applications for New Awards Using Fiscal Year 2009 Funds: Impact Aid Discretionary Construction Grant Program, 31771-31775 2010-13491 EPA Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans:

Delaware; Control of Nitrogen Oxide Emissions from Industrial Boilers and Process Heaters at Petroleum Refineries, 31711-31713 2010-13377 Maryland; Reasonable Further Progress Plan, 2002 Base Year Emission Inventory, Contingency Measures, etc., 31709-31711 2010-13381 Hazardous Waste Technical Corrections and Clarifications Rule, 31716-31717 2010-13376 Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency, 31702-31709 2010-13470 Tolerance Exemption: 2-Propenoic acid polymer, with 1,3-butadiene and ethenylbenzene, 31713-31716 2010-13320 PROPOSED RULES Identification of Non-Hazardous Secondary Materials That Are Solid Waste, 31844-31893 2010-10837 National Emission Standards for Hazardous Air Pollutants for Area Sources:

Industrial, Commercial, and Institutional Boilers, 31896-31935 2010-10832 National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, 32006-32073 2010-10827 Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency, 31738-31742 2010-13469 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources:

Commercial and Industrial Solid Waste Incineration Units, 31938-32004 2010-10821 NOTICES Draft National Pollutant Discharge Elimination System Pesticide General Permit: Point Source Discharges from the Application of Pesticides, 31775-31785 2010-13468 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 31785 2010-13458 Pesticide Products; Registration Applications, 31785-31787 2010-13358 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31787 2010-13301 FAA Federal Aviation Administration RULES Amendment of Class E Airspace: Austin, TX, 31677 2010-13261 Corpus Christi, TX, 31677-31678 2010-13262 PROPOSED RULES Airworthiness Directives: Bombardier, Inc. Model BD 700 1A10 and BD 700 1A11 Airplanes, 31731-31734 2010-13419 GROB-WERKE (Type Certificate Previously Held by BURKHART GROB Luft- und Raumfahrt) Models G115C, G115D and G115D2 Airplanes, 31734-31736 2010-13422 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31787-31788 2010-13434 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Calvert and St. Mary's Counties, MD, 31835-31836 2010-13399 Tennessee Division; State Route 91 Improvements in Elizabethton, Carter County, TN; Rescinded, 31836 2010-13428 Federal Motor Federal Motor Carrier Safety Administration NOTICES Federal Motor Carrier Safety Regulations: Withdrawal of Regulatory Guidance, 31836-31837 2010-13401 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact Statements;

Availability, etc.: Reevaluation, 31834-31835 2010-13398 Federal Reserve Federal Reserve System RULES Electronic Fund Transfers, 31665-31673 2010-13280 Truth in Savings, 31673-31676 2010-13281 NOTICES Changes in Bank Control; Acquisitions of Shares of Banks or Bank Holding Companies, 31788 2010-13421 FTC Federal Trade Commission RULES Disclosures for Non-Federally Insured Depository Institutions Under the Federal Deposit Insurance Corporation Improvement Act, 31682-31688 2010-13085 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants:

Post-Delisting Monitoring Plan for Bald Eagle (Haliaeetus leucocephalus), 31811 2010-13424 Receipt of Applications for Endangered Species Permits, 31812-31815 2010-13404 Food Food and Drug Administration NOTICES Determination: Cysteine Hydrochloride Injection, USP, 7.25 Percent, Not Withdrawn from Sale for Reasons of Safety or Effectiveness, 31790-31791 2010-13463 Information Sheet Guidance for Sponsors, Clinical Investigators, and IRBs: Frequently Asked Questions—Statement of Investigator (Form FDA 1572);

Availability, 31794-31795 2010-13420 Pilot Programs: Substances Generally Recognized as Safe Added to Food for Animals, 31800-31803 2010-13464 Food Food Safety and Inspection Service NOTICES International Standard-Setting Activities, 31749-31759 2010-13403 Foreign Foreign-Trade Zones Board NOTICES Application for Subzone Authority: Foreign Trade Zone 203; REC Silicon, 31762-31763 2010-13455 Foreign Trade Zone 29; Dow Corning Corp., 31763 2010-13454 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contract Operations and Administration, 31744-31745 2010-13452 Meetings: Madera County Resource Advisory Committee, 31759-31760 2010-13352 GAO Government Accountability Office NOTICES Appointments: Medicare Payment Advisory Commission, 31788 2010-13360 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Meetings: Advisory Committee, 31760 2010-13441 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See National Institutes of Health RULES Indian Self-Determination Act Contracts and Annual Funding Agreements:

Appeal Procedures, 31699-31702 2010-13297 NOTICES Meetings: National Committee on Vital and Health Statistics, 31789 2010-13496 Homeland Homeland Security Department See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist the Homeless; Republication, 31807-31810 R1--2010--13257 Funding Awards: Resident Opportunity and Self-Sufficiency Service Coordinators Program (Fiscal Year 2009), 31805-31807 2010-13471 Indian Indian Affairs Bureau RULES Indian Self-Determination Act Contracts and Annual Funding Agreements:

Appeal Procedures, 31699-31702 2010-13297 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: IDEIA Part B and C Child Counts, 31810 2010-13391 Indian Indian Health Service RULES Indian Self-Determination Act Contracts and Annual Funding Agreements: Appeal Procedures, 31699-31702 2010-13297 Industry Industry and Security Bureau RULES Export Administration Regulations; Technical Corrections, 31678-31682 2010-13243 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau RULES Indian Self-Determination Act Contracts and Annual Funding Agreements:

Appeal Procedures, 31699-31702 2010-13297 IRS Internal Revenue Service PROPOSED RULES Modifications of Debt Instruments, 31736-31738 2010-13492 International International Trade Commission NOTICES Meetings; Sunshine Act, 31815 2010-13551 Justice Justice Department See Antitrust Division See Justice Programs Office Justice Justice Programs Office NOTICES Meetings: National Motor Vehicle Title Information System Federal Advisory Committee, 31815 2010-13456 Land Land Management Bureau NOTICES Filing of Plats, 31811-31812 2010-13426 Filing of Plats of Survey:

Montana, 31812 2010-13406 National Archives National Archives and Records Administration NOTICES Records Schedules; Availability and Request for Comments, 31816-31818 2010-13477 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Exemption from the Vehicle Theft Prevention Standard: Mercedes-Benz, 31837-31839 2010-13466 Receipt of Petition for Decision of Inconsequential Noncompliance: Ford Motor Co., 31839-31840 2010-13402 NIH National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 31791-31794 2010-13480 Meetings: Center for Scientific Review, 31795-31799 2010-13453 2010-13486 2010-13487 2010-13488 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 31795, 31799-31800 2010-13414 2010-13482 2010-13483 National Cancer Institute, 31796 2010-13451 National Heart, Lung, and Blood Institute, 31796-31797 2010-13489 National Institute of Mental Health, 31799-31800 2010-13413 Office of Biotechnology Activities;

Recombinant DNA Research; Cancellation, 31795-31796 2010-13484 National Labor National Labor Relations Board NOTICES Meetings; Sunshine Act, 31818 2010-13583 NOAA National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod for American Fisheries Act Catcher Processors Using Trawl Gear, etc.; Closure, 31717-31718 2010-13493 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Region Gear Identification Requirements, 31761-31762 2010-13431 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 31818 2010-13504 Permits Issued Under the Antarctic Conservation Act (of 1978), 31819 2010-13410 Patent Patent and Trademark Office NOTICES Meetings: Enhanced Examination Timing Control Initiative, 31763-31768 2010-13244 Personnel Personnel Management Office NOTICES Privacy Act of 1974; Computer Matching Program, 31819-31820 2010-13495 Postal Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 31820 2010-13553 Postal Postal Service RULES General Information on Postal Service, 31702 2010-13356 SEC Securities and Exchange Commission NOTICES Applications for Deregistration under Section 8(f) of the Investment Company Act (of 1940), 31820-31822 2010-13459 Meetings;

Sunshine Act, 31822-31823 2010-13503 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 31823-31830 2010-13437 2010-13438 2010-13439 Financial Industry Regulatory Authority, Inc., 31825-31826 2010-13460 NASDAQ OMX PHLX, Inc., 31830-31834 2010-13461 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Final Determination Concerning a Lift Unit for an Overlead Patient Lift System, 31803-31805 2010-13497 Veterans Veterans Affairs Department NOTICES Meetings: Advisory Committee on Disability Compensation, 31842 2010-13418 Separate Parts In This Issue Part II Environmental Protection Agency, 31844-31893 2010-10837 Part III Environmental Protection Agency, 31896-31935 2010-10832 Part IV Environmental Protection Agency, 31938-32004 2010-10821 Part V Environmental Protection Agency, 32006-32073 2010-10827 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. 75 107 Friday, June 4, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 923 [Doc. No. AMS-FV-09-0033; FV09-923-1 FR] Sweet Cherries Grown in Designated Counties in Washington; Change in the Handling Regulation AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule revises the handling regulation for cherries under the Washington cherry marketing order. The marketing order regulates the handling of sweet cherries grown in designated counties in Washington and is administered locally by the Washington Cherry Marketing Committee (Committee). This rule adds quality and pack requirements for Rainier cherries and other lightly-colored sweet cherry varieties that are designated as “premium” when handled.

This change is expected to reduce market confusion regarding the marketing of such cherries; improve producer returns by providing pack differentiation; and benefit producers, handlers, and consumers. DATES: *Effective Date:* June 5, 2010. FOR FURTHER INFORMATION CONTACT: Robert Curry or Gary Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, Suite 385, Portland, Oregon 97204; Telephone:

(503)326-2724, Fax:

(503)326-7440, or E-mail: *Robert.Curry@ams.usda.gov* or *GaryD.Olson@ams.usda.gov.* Small businesses may request information on complying with this regulation 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: *AntoinetteCarter@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 923, both as amended (7 CFR part 923), regulating the handling of cherries grown in designated counties in Washington, 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 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 changes the handling regulation for cherries under the order. Specifically, this rule adds minimum requirements for Rainier cherries and other lightly-colored sweet cherry varieties that are designated as “premium” when marketed. Under this regulation, when labeled “premium, a Rainier cherry or other lightly-colored sweet cherry variety container must be packed so that at least 90 percent, by count, of the cherries in any lot shall measure not less than 64/64 inch (10 1/2 row) in diameter and not more than 5 percent, by count, may be less than 61/64 inch (11-row) in diameter. In addition, 90 percent, by count, of the cherries in any lot must exhibit a pink-to-red surface blush. For any given sample, not more than 20 percent of the cherries shall be absent a pink-to-red surface blush. This change is intended to reduce market confusion and improve producer returns by providing pack differentiation, and is expected to benefit producers, handlers, and consumers. Section 923.52 of the order authorizes the establishment of grade, size, quality, maturity, pack, and container regulations for any variety or varieties of cherries grown in the production area. Section 923.53 further authorizes the modification, suspension, or termination of regulations issued under § 923.52. Section 923.55 provides that whenever cherries are regulated pursuant to § 923.52 or § 923.53, such cherries must be inspected by the Federal-State Inspection Service and certified as meeting the applicable requirements of such regulations. Section 923.322 of the order's rules and regulations currently provide grade, size, maturity, and pack regulations for Washington grown sweet cherries. Rainier cherries and other lightly-colored sweet cherry varieties have variety-specific minimum size and maturity requirements as well as the same pack requirements as all Washington sweet cherries, but do not share the minimum grade requirements with dark colored cherries. As just stated, Rainier cherries and other lightly-colored sweet cherry varieties have certain current mandatory grading requirements, including a minimum maturity requirement of 17 percent soluble solids and a minimum size requirement of 61/64 inch diameter (11-row) as provided in section 923.322(c). However, lightly-colored varieties are not currently required to meet a minimum grade or pack standard. As a consequence, the cherry industry markets several different qualities or packs of lightly colored sweet cherries without the benefit of any clear differentiation between competing products. This lack of differentiation in the marketing of lightly-colored sweet cherries has led to market confusion and downward pricing pressure in recent years. The worldwide retail trade is currently demanding a consistently large lightly-colored sweet cherry that arrives with a pink to red blush on its external surface. Likewise, the retail trade is willing to pay a premium price for large lightly-colored sweet cherries that consistently exhibit this surface blush. Conversely, the market for lightly-colored sweet cherries without a blush—cherries pure yellow in color—is decreasing and this sub-group of cherries is generally sold at a lower market price. Prior to this change in the handling regulations, there was no clear articulation of a “premium” designation within the lightly-colored cherry category, and buyers have used the price of the packs containing all-yellow cherries to put downward pricing pressure on cherries that have been produced with the preferred pink-to-red blush. With this change, industry handlers will be able to differentiate packs of lightly colored cherries and the price point that comes with producing a superior sweet cherry. It is also expected that the change will add further incentive to produce superior quality sweet cherries and strengthen the producer's position in the marketplace. This rule requires any regulated handler packing cherries with the “premium” designation to adhere to the new requirements as provided in new section 923.322(e). All cherries not so designated continue to be allowed to be marketed without regard to the new requirements. Nevertheless, all sweet cherries must continue to meet the other minimum requirements of the order and the order's regulations. Further changes are made to § 923.322 to reflect the addition of the new requirements. The existing paragraph

(e)is redesignated as paragraph (d), and the introductory sentence of paragraph

(g)is revised to reference the new paragraph (e). 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 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 44 handlers of Washington sweet cherries subject to regulation under the marketing order and approximately 1,500 cherry producers in the regulated 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. Based on the 2005-2007 three-year average fresh cherry utilization of 121,666 tons and average fresh cherry producer price of $2,400 per ton as reported by the National Agricultural Statistics Service, USDA, and 1,500 Washington cherry producers, the recent three-year average annual producer revenue was approximately $194,666. In addition, the Committee reports that none of the 44 handlers have annual receipts of over $7,000,000. Based on this information, the majority of Washington sweet cherry producers and handlers may be classified as small entities. Utilizing authority contained in sections 923.52, 923.53, and 923.55, the Committee recommended that a definition for premium packed lightly-colored sweet cherries be added to section 923.322(h) in the order's handling regulation to identify the minimum size and color requirements that a premium packed cherry must meet. In addition, to help stabilize the negative pricing pressure that some unmarked grades have on the market, the Committee recommended adding a new paragraph 923.322(e)(3) to this subpart establishing a requirement that all cherries packed in containers marked “premium” must adhere to the definition. USDA subsequently determined that, rather than adding a new definition, it would be more appropriate to add minimum requirements for cherries that are designated as “premium” to section 923.322 of the handling regulation. The Committee reports that cherry size and quality are important to buyers. Consistency and dependability are equally important. In recent seasons, there has not been marketing consistency in the quality and size of lightly-colored cherries. This has resulted in a price depressing pressure on all cherries, regardless of the quality, color, and size of the fruit packed. Cherry size is related to maturity and other quality factors. That is, larger sized cherries tend to be sweeter and of higher overall quality, and thus generally provide higher prices for the producer. Although AMS Market News Service data is not reported for Rainier cherries smaller than 10 1/2 row (1-inch diameter), this correlation is supported by prices received for Bing cherries of various sizes. For example, the Market News Service reported f.o.b. prices for 12-row sized Bing cherries ( 54/64 inch diameter) of $24.00 per carton in late June 2007. Concurrently, 10 1/2 row size Bing cherries were selling for $35.00 to $36.00 per carton (10 1/2 row Rainier cherries were being quoted by Market News at $35.00 to $40.00 per carton in late June 2007). This price relationship generally holds steady throughout each season. Furthermore, market research by the Washington cherry industry shows that larger sizes correlate with higher maturity levels, and that larger sizes are preferred by consumers. Although research showing a correlation between the flavor of lightly-colored sweet cherry varieties and the degree of reddish blush is lacking, actual market experience has shown the industry that a definite price correlation exists according to remarks made at the May 14, 2009 Committee meeting. This is largely due to consumer preference for lightly colored cherries that exhibit a reddish blush. The Committee believes that this change will not negatively impact either small or large handlers or producers. Comments made at the May 14, 2009 meeting indicate that a majority of the Washington sweet cherry industry is already packing to such standards or better. Comments also indicate that it is possible to control the amount of blush on lightly-colored sweet cherries, since the added color is related to the amount of direct sunlight available to the fruit. Pruning and other common cultural practices can greatly affect the amount of blush on the cherries by controlling how much direct sunlight makes it though the foliage to the fruit. Finally, since this change is only required should a handler choose to pack and mark lightly-colored cherries to the “premium” standard, any additional costs can be eliminated by the handler. Among the alternative actions discussed by the Committee at the May 14, 2009 meeting was a potential requirement that there be a minimum percentage of reddish color on all lightly colored sweet cherries, as well as a mandatory increase in the minimum size (currently 11-row size or 61/64 minimum diameter). There were other various options briefly discussed under this alternative related to sizing and the actual degree of blush. Comments from many of those attending the meeting, however, indicated that a mandatory change in size and pack requirements would not be well received by the industry at this time, and that the less restrictive recommendation subsequently made should adequately solve the current marketing problem. This rule does not impose any additional reporting or recordkeeping requirements on either small or large sweet cherry 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. 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. In addition, the Committee meeting was widely publicized throughout the Washington cherry industry and all interested persons were invited to attend the meeting and participate in the deliberations. Like all Committee meetings, the May 14, 2009 meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. A proposed rule concerning this action was published in the **Federal Register** on March, 8, 2010 (75 FR 10442). Copies of the rule were made available to all Committee members and sweet cherry handlers. The proposed rule was also made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period ending May 7, 2010, 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 Antoinette Carter 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 the 2010 cherry harvest may start as early as the last week in May and handlers will want to take advantage of the potential economic benefits of this rule. Further, handlers are aware of this rule, which was recommended at a public meeting. Finally, a 60-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 923 Cherries, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 923 is amended as follows: PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON 1. The authority citation for 7 CFR part 923 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 923.322, redesignate paragraph

(e)as paragraph (d), add a new paragraph (e), and revise the introductory sentence of paragraph

(g)to read as follows: § 923.322 Washington cherry handling regulation.

(e)*Light sweet cherries marked as premium.* No handler shall handle, except as otherwise provided in this section, any package or container of Rainier cherries or other varieties of lightly colored sweet cherries marked as premium except in accordance with the following:

(1)*Quality.* 90 percent, by count, of such cherries in any lot must exhibit a pink-to-red surface blush and, for any given sample, not more than 20 percent of the cherries shall be absent a pink-to-red surface blush.

(2)*Pack.* At least 90 percent, by count, of the cherries in any lot shall measure not less than 64/64 inch (10 1/2 row) in diameter and not more than 5 percent, by count, may be less than 61/64 inch (11-row) in diameter.

(g)*Exceptions.* Any individual shipment of cherries which meets each of the following requirements may be handled without regard to the provisions of paragraphs (a), (b), (c), (d), and

(e)of this section, and of §§ 923.41 and 923.55. Dated: May 28, 2010. Rayne Pegg, Administrator, Agricultural Marketing Service. [FR Doc. 2010-13408 Filed 6-3-10; 8:45 am]

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