Unknown. Final rule

4,214 words·~19 min read·/register/2010/06/17/2010-14582·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2010-06-17.xml --- 75 116 Thursday, June 17, 2010 Contents Agricultural Agricultural Marketing Service RULES Grapes Grown in a Designated Area of Southeastern California and Imported Table Grapes; Relaxation of Handling Requirements, 34343-34345 2010-14572 Sweet Onions Grown in Walla Walla Valley of Southeast Washington and Northeast Oregon; Reporting and Assessment Due Dates Changes, 34345-34347 2010-14569 User Fees for 2010 Crop Cotton Classification Services to Growers, 34319-34320 2010-14582 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Tobacco Inspection and Grading Services, 34418-34419 2010-14571 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Rural Housing Service NOTICES Meetings: Specialty Crop Committee's Stakeholder Listening Session, 34418 2010-14504 Air Force Air Force Department NOTICES Meetings: Air University Board of Visitors, 34440 2010-14621 Animal Animal and Plant Health Inspection Service RULES Quarantine and Interstate Movement Regulations:

Citrus Greening and Asian Citrus Psyllid, 34322-34336 2010-14495 Quarantined Area and Regulated Articles: Asian Longhorned Beetle, 34320-34322 2010-14658 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Citrus Canker; Interstate Movement of Regulated Nursery Stock and Fruit from Quarantined Areas, 34419-34420 2010-14657 Importation of Clementines, Mandarins, and Tangerines from Chile, 34420 2010-14655 Pest Risk Analysis for Importation of Fresh Mango Fruit From Pakistan Into the Continental United States, 34422 2010-14650 Secretary's Advisory Committee on Animal Health, 34422-34423 2010-14659 Solicitation for Membership:

Secretary's Advisory Committee on Animal Health, 34423 2010-14660 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34451-34452 2010-14625 Meetings: National Center for Injury Prevention and Control/Initial Review Group; Correction, 2010-14622 2010-14623 34458-34459 2010-14624 2010-14633 Statement of Organization, Functions, and Delegations of Authority, 34465 2010-14424 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program:

Supplemental Proposed Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Supplemental Proposed Fiscal Year 2011 Rates; Corrections, 34612-34613 2010-14808 NOTICES Medicare Program: Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and Fiscal Year 2010 Rates and to the Long Term Care Hospital Prospective Payment System and Rate Year 2010 Rates etc.; Corrections, 34614-34616 2010-14810 Civil Civil Rights Commission NOTICES Meetings;

Sunshine Act, 34423 2010-14825 Coast Guard Coast Guard RULES Safety Zones: Alligator River, NC, 34365-34367 2010-14628 Chicago Harbor, Navy Pier Southeast, Chicago, IL, 34365 2010-14588 City of Chicago's July 4th Celebration Fireworks, Lake Michigan, Chicago, IL, 34369-34372 2010-14632 City of Pittsburg Independence Day Celebration, Pittsburg, CA, 34376-34378 2010-14585 Festivals and Fireworks Celebration, East Moran Bay, Lake Huron, St. Ignace, MI, 34362-34364 2010-14587 Fourth of July Fireworks Event, Pagan River, Smithfield, VA, 34372-34374 2010-14626 Mackinac Island Fourth of July Fireworks, Lake Huron, Mackinac Island, MI, 34379-34381 2010-14586 Milwaukee Harbor, Milwaukee, WI, 34361-34362 2010-14584 Shore Thing and Independence Day Fireworks, Chesapeake Bay, Norfolk, VA, 34367-34369 2010-14634 Stockton Ports Baseball Club/City of Stockton, Fourth of July Fireworks Display, Stockton, CA, 34374-34376 2010-14589 PROPOSED RULES Bulk Solid Hazardous Materials:

Harmonization with the International Maritime Solid Bulk Cargoes Code, 34574-34609 2010-14464 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34423-34424 2010-14685 Commodity Commodity Futures Trading Commission NOTICES Petitions for Exemption Relief: Hard Eight Futures, LLC, 34429-34434 2010-14680 Requests to Amend an Exemption Order:

ICE Clear U.S., Inc., 34434-34438 2010-14682 Consumer Consumer Product Safety Commission RULES Consumer Product Safety Act: Commission Action on the Stay of Enforcement of Testing and Certification Requirements, 34360 2010-14328 NOTICES Meetings; Sunshine Act, 34438 2010-14816 Defense Defense Department See Air Force Department NOTICES Meetings: Defense Science Board Task Force on Improvements to Services Contracting, 34439-34440 2010-14674 Defense Science Board Task Force on Nuclear Treaty Monitoring and Verification, 34439 2010-14673 Defense Science Board Task Force on Trends and Implications of Climate Change for National and International Security, 34438-34439 2010-14672 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Economic Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 34426-34428 2010-14612 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Assessment Governing Board, 34440-34441 2010-14635 Educational Facilities Clearinghouse: Inviting Applications For New Awards For Fiscal Year 2010, 34441-34445 2010-14681 Employee Employee Benefits Security Administration RULES Group Health Plans and Health Insurance Coverage: Interim Final Rules for Relating to Status as a Grandfathered Health Plan under the Patient Protection and Affordable Care Act, 34538-34570 2010-14488 EPA Environmental Protection Agency PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List: Partial Deletion of the Rocky Mountain Arsenal Federal Facility, 34405-34415 2010-14524 NOTICES Audit Program for Texas Flexible Permit Holders, 34445-34448 2010-14653 Draft Guidance: Pesticide Registrants on False or Misleading Pesticide Product Brand Names; Extension of Comment Period, 34448 2010-14656 Proposed CERCLA Administrative Cost Recovery Settlement: Great Lakes Container Corporation Superfund Site, Coventry Rhode Island, 34448-34449 2010-14651 Equal Equal Employment Opportunity Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 34449-34450 2010-14610 Farm Farm Service Agency RULES Reimbursement Transportation Cost Payment Program for Geographically Disadvantaged Farmers and Ranchers, 34336-34343 2010-14427 FAA Federal Aviation Administration RULES Airworthiness Directives: Airworthiness Directives; Mitsubishi Heavy Industries, Ltd. Various Models MU-2B Airplanes, 34349-34354 2010-11034 Cessna Aircraft Company Model 525A Airplanes, 34354-34357 2010-13139 Empresa Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB 135ER, 135KE, 135KL, and 135LR Airplanes et al., 34357-34359 2010-13429 Honeywell International Inc. Auxiliary Power Unit Models GTCP36-150(R) and GTCP36-150(RR), 34347-34348 2010-13595 PROPOSED RULES Airworthiness Directives: McCauley Propeller Systems Five-Blade Propeller Assemblies, 34390-34391 2010-14706 Proposed Amendment of Class E Airspace: Williston, ND, 34391-34393 2010-14697 Proposed Establishment of Class E Airspace: Port Clarence, AK, 34393-34394 2010-14693 FCC Federal Communications Commission NOTICES Meetings;

Sunshine Act, 34450 2010-14785 Federal Election Federal Election Commission NOTICES Filing Dates for Special Elections: Indiana; 3rd Congressional District, 34450-34451 2010-14568 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 34381-34387 2010-14636 PROPOSED RULES Proposed Flood Elevation Determinations, 34415-34417 2010-14558 NOTICES Major Disaster Declaration: Nebraska, 34476 2010-14556 West Virginia, 34475-34476 2010-14554 FMC Federal Maritime Commission NOTICES Agreements Filed, 34451 2010-14679 Federal Railroad Federal Railroad Administration NOTICES Petition for Waiver of Compliance, 34526 2010-14479 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Employee Contribution Elections and Contribution Allocations, 34388-34389 2010-14583 Fiscal Fiscal Service PROPOSED RULES Management of Federal Agency Disbursements, 34394-34405 2010-14614 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Incidental Take and Wetland Fill Permits for Two Condominium Developments on the Fort Morgan Peninsula, Baldwin County, AL, 34476-34477 2010-14617 Meetings: North American Wetlands Conservation Council, 34479 2010-14615 Receipt of Application: Renewal of an Incidental Take Permit Associated with a Low-Effect Habitat Conservation Plan; Residential Development, Brevard County, FL, 34480-34481 2010-14629 Food Food and Drug Administration RULES Listing of Color Additives Exempt from Certification:

Bismuth Citrate; Confirmation of Effective Date, 34360-34361 2010-14598 New Animal Drugs for Use in Animal Feeds: Florfenicol, 34361 2010-14611 NOTICES Center for Drug Evaluation and Research Data Standards Plan; Availability for Comment, 34452-34453 2010-14637 Meetings: Converged Communications and Health Care Devices Impact on Regulation, 34459-34461 2010-14687 Oversight of Laboratory Developed Tests, 34463-34464 2010-14654 Risk Evaluation and Mitigation Strategies, 34453-34456 2010-14547 Memorandum of Understanding:

Food and Drug Administration and Drugs.Com; Correction of Effective Date, 34464-34465 2010-14599 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Potomac-Appalachian Transmission Highline

(PATH)Project; Maryland, Virginia, and West Virginia, 34477-34479 2010-14581 Meetings: Sanders County Resource Advisory Committee, 34421 2010-14618 2010-14619 Trinity County Resource Advisory Committee, 34421 2010-14423 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Group Health Plans and Health Insurance Coverage: Interim Final Rules for Relating to Status as a Grandfathered Health Plan under the Patient Protection and Affordable Care Act, 34538-34570 2010-14488 NOTICES Meetings: Presidential Commission for the Study of Bioethical Issues, 34451 2010-14577 Health Health Resources and Services Administration NOTICES Meetings: Council on Graduate Medical Education, 34464 2010-14562 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Guidance to Federal Financial Assistance Recipients: Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 34465-34475 2010-14630 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Group Health Plans and Health Insurance Coverage: Interim Final Rules for Relating to Status as a Grandfathered Health Plan under the Patient Protection and Affordable Care Act, 34538-34570 2010-14488 PROPOSED RULES Group Health Plans and Health Insurance Coverage: Status as Grandfathered Health Plan under the Patient Protection and Affordable Care Act; Cross-Reference, 34571-34572 2010-14487 International International Trade Administration NOTICES Continuation of Antidumping Duty Orders: Stainless Steel Wire Rod from Italy, Japan, the Republic of Korea, Spain, and Taiwan, 34424-34425 2010-14665 Final Results of the First New Shipper Review: Certain Steel Nails from the People's Republic of China, 34425-34426 2010-14666 International International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34481-34482 2010-14593 Investigations: Certain Aluminum Extrusions from China, 34482 2010-14594 Certain Automotive Vehicles and Designs, 34483-34484 2010-14597 Certain Biometric Scanning Devices, Components, Associated Software, and Products Containing Same, 34482-34483 2010-14595 Certain Portable Electronic Devices and Related Software, 34484-34485 2010-14596 Labor Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Front Range Resource Advisory Council, 34479-34480 2010-14631 Reestablishment of the Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 34481 2010-14642 Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws, 2010-14691 34527-34530 2010-14692 2010-14694 2010-14688 2010-14689 Mine Mine Safety and Health Administration NOTICES Affirmative Decisions: Petitions for Modification Granted in Whole or in Part, 34485-34486 2010-14591 Petitions for Modification, 34486-34487 2010-14592 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34487 2010-14578 National National Council on Disability NOTICES Meetings; Sunshine Act, 34487 2010-14828 National Credit National Credit Union Administration NOTICES Community Development Revolving Loan Fund for Credit Unions, 34488 2010-14652 Meetings; Sunshine Act, 34488 2010-14820 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on the Arts; Correction, 34488 2010-14716 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms, and Record Keeping Requirements, 34521-34522 2010-14573 Decision that Certain Nonconforming Motor Vehicles are Eligible for Importation, 34524-34526 2010-14565 Petitions for Exemption from Vehicle Theft Prevention Standard: Ford Motor Co.; Correction, 34526-34527 2010-14570 Petitions for Exemption: Vehicle Theft Prevention Standard; Volkswagen; Correction, 34527 2010-14575 NIH National Institutes of Health NOTICES Meetings: Center for Scientific Review, 34456-34458, 34462 2010-14640 2010-14641 2010-14643 2010-14647 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 2010-14644 2010-14645 34457, 34461-34462 2010-14646 National Heart, Lung, and Blood Institute, 34461 2010-14648 NOAA National Oceanic and Atmospheric Administration NOTICES Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Training Exercises in Three East Coast Range Complexes, 34428-34429 2010-14662 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Potomac-Appalachian Transmission Highline

(PATH)Project; Maryland, Virginia, and West Virginia, 34477-34479 2010-14581 Meetings: Cape Cod National Seashore Advisory Commission, 34479 2010-14580 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 34489 2010-14748 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Applications for Modification of Special Permit, 34522-34523 2010-14425 Applications for Special Permits, 34523-34524 2010-14426 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Charter Renewal: Glen Canyon Dam Adaptive Management Work Group, 34476 2010-14627 Rural Rural Housing Service NOTICES Funds Availability: Section 514 Farm Labor Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm Housing, 34421 2010-14579 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34489 2010-14677 Meetings; Sunshine Act, 34489 2010-14722 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 34509-34510 2010-14606 Financial Industry Regulatory Authority, Inc., 34496-34498 2010-14609 International Securities Exchange, LLC, 34493-34494, 34499-34501 2010-14605 2010-14676 NASDAQ OMX BX, Inc., 34490-34491, 34512-34513 2010-14600 2010-14602 NASDAQ OMX PHLX, Inc., 34491-34493 2010-14603 NASDAQ Stock Market LLC, 34506-34508, 34510-34512 2010-14604 2010-14608 New York Stock Exchange LLC, 34498-34499 2010-14670 NYSE Amex LLC, 34495-34496, 34501-34502, 34513-34515 2010-14601 2010-14607 2010-14675 NYSE Arca US LLC, 34504-34506 2010-14669 NYSE Arca, Inc., 34503-34504 2010-14671 Suspensions of Trading: American Energy Services, Inc., et al., 34515-34516 2010-14735 State State Department NOTICES Bureau of Educational and Cultural Affairs

(ECA)Request for Grant Proposals: Edmund S. Muskie Graduate Fellowship Program; Correction, 34516 2010-14702 Determination and Waiver; Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010: Assistance for the Independent States of the Former Soviet Union, 34516 2010-14698 Determinations under Subsection 402(d)(1) of 1974 Trade Act, As Amended: Continuation of Waiver Authority for Belarus, 34516 2010-14705 Issuance of an Amended Presidential Permit: Construction, Operation, and Maintenance of a Two-span International Bridge Near Brownsville, TX, 34516-34518 2010-14696 Meetings: Advisory Committee for the Study of Eastern Europe and the Independent States of the Former Soviet Union (Title VIII), 34518 2010-14704 Requests for Grant Proposals: U.S. Professional Development Program for EducationUSA Advisers; Correction, 34519 2010-14686 Surface Surface Transportation Board NOTICES Temporary Trackage Rights Exemption: Nittany and Bald Eagle Railroad Co.; Norfolk Southern Railway Co., 34530 2010-14664 TVA Tennessee Valley Authority NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 34534 2010-14560 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Deposits, 34533-34534 2010-14545 TDA Trade and Development Agency NOTICES SES Performance Review Board, 34519 2010-14683 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Meetings: Future of Aviation Advisory Committee

(FAAC)Subcommittee on Labor and World-class Workforce, 34520-34521 2010-14667 Future of Aviation Advisory Committee Aviation Safety Subcommittee, 34520 2010-14668 Future of Aviation Advisory Committee Subcommittee on Environment, 34519-34520 2010-14567 Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Thrift Supervision Office NOTICES Long-Term Availability and Affordability of Insurance for Terrorism Risk: Analysis by the President's Working Group on Financial Markets, 34530-34533 2010-14639 U.S. U.S.-China Economic and Security Review Commission NOTICES Open Public Hearing, 34534-34535 2010-14553 Separate Parts In This Issue Part II Health and Human Services Department, 34538-34570 2010-14488 Labor Department, Employee Benefits Security Administration, 34538-34570 2010-14488 Treasury Department, Internal Revenue Service, 34538-34572 2010-14488 2010-14487 Part III Homeland Security Department, Coast Guard, 34574-34609 2010-14464 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 34612-34616 2010-14808 2010-14810 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. 75 116 Thursday, June 17, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 28 [AMS-CN-10-0001; CN-10-001] RIN 0581-AC99 User Fees for 2010 Crop Cotton Classification Services to Growers AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)will maintain user fees for cotton producers for 2010 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2009. These fees are also authorized under the Cotton Standards Act of 1923. The 2009 crop user fee was $2.20 per bale, and this rule will continue the fee for the 2010 cotton crop at that same level. This fee and the existing reserve are sufficient to cover the costs of providing classification services for the 2010 crop, including costs for administration and supervision. DATES: *Effective Date:* June 18, 2010. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Deputy Administrator, Cotton and Tobacco Programs, AMS, USDA, Room 2637-S, STOP 0224, 1400 Independence Avenue, SW., Washington, DC 20250-0224. Telephone

(202)720-3193, facsimile

(202)690-1718, or e-mail *darryl.earnest@usda.gov.* SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was published in the **Federal Register** on April 27, 2010 (75 FR 22026). A 15-day comment period was provided for interested persons to respond to the proposed rule. One comment was received from a national cotton industry organization in support of the service and the decision to maintain the fee at the level established for the 2009 crop. Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866; and, therefore has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are an estimated 25,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). Continuing the user fee at the 2009 crop level as stated will not significantly affect small businesses as defined in the RFA because:

(1)The fee represents a very small portion of the cost-per-unit currently borne by those entities utilizing the services. (The 2009 user fee for classification services was $2.20 per bale; the fee for the 2010 crop would be maintained at $2.20 per bale; the 2010 crop is estimated at 14,500,000 bales).

(2)The fee for services will not affect competition in the marketplace.

(3)The use of classification services is voluntary. For the 2009 crop, 12,400,000 bales were produced; and, almost all of these bales were voluntarily submitted by growers for the classification service.

(4)Based on the average price paid to growers for cotton from the 2008 crop of 0.5520 cents per pound, 500 pound bales of cotton are worth an average of $276 each. The user fee for classification services, $2.20 per bale, is less than one percent of the value of an average bale of cotton. Paperwork Reduction Act In compliance with OMB regulations (5 CFR part 1320) which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501), the information collection requirements contained in the provisions amended by this final rule have been previously approved by OMB and were assigned OMB control number 0581-AC43. Fees for Classification Under the Cotton Statistics and Estimates Act of 1927 This final rule maintains the user fee charged to producers for cotton classification at $2.20 per bale for the 2010 cotton crop. The 2010 user fee charged to farmers was calculated using new methodology, as was required by section 14201 of the Food, Conservation, and Energy Act of 2008 (Pub. L. 110-234) (2008 Farm Bill). Prior to the changes made by the 2008 Farm Bill, the fee was determined using a user-fee formula mandated in the Uniform Cotton Classing Fees Act of 1987, as amended (Pub. L. 100-108, 728) (1987 Act). This formula used the previous year's base fee that was adjusted for inflation and economies of size (1 percent decrease/increase for every 100,000 bales above/below 12.5 million bales with maximum adjustment being ±15 percent). The user fee was then further adjusted to comply with operating reserve constraints (between 10 and 25 percent of projected operating costs) specified by the 1987 Act. Section 14201 of the 2008 Farm Bill provides that:

(1)The Secretary shall make available cotton classification services to producers of cotton, and provide for the collection of classification fees from participating producers or agents that voluntarily agree to collect and remit the fees on behalf of the producers;

(2)classification fees collected and the proceeds from the sales of samples submitted for classification shall, to the extent practicable, be used to pay the cost of the services provided, including administrative and supervisory costs;

(3)the Secretary shall announce a uniform classification fee and any applicable surcharge for classification services not later than June 1 of the year in which the fee applies; and

(4)in establishing the amount of fees under this section, the Secretary shall consult with representatives of the United States cotton industry. At pages 313-314, the Joint Explanatory Statement of the committee of conference for section 14201 stated the expectation that the cotton classification fee would be established in the same manner as was applied during the 1992 through 2007 fiscal years. The classification fee should continue to be a basic, uniform fee per bale fee as determined necessary to maintain cost-effective cotton classification service. Further, in consulting with the cotton industry, the Secretary should demonstrate the level of fees necessary to maintain effective cotton classification services and provide the Department of Agriculture with an adequate operating reserve, while also working to limit adjustments in the year-to-year fee. Under the provisions of section 14201, this final rule establishes a user fee (dollar per bale classed) for the 2010 cotton crop that, when combined with other sources of revenue, will result in projected revenues sufficient to reasonably cover budgeted costs—adjusted for inflation—and allow for adequate operating reserves to be maintained. Costs considered in this method include salaries, costs of equipment and supplies, and other overhead costs, such as facility costs and costs for administration and supervision. In addition to covering expected costs, the user fee is set such that projected revenues will generate an operating reserve adequate to effectively manage uncertainties related to crop size and cash-flow timing while meeting minimum reserve requirements set by the Agricultural Marketing Service, which require maintenance of a reserve fund amount equal to four months of projected operating costs. Extensive consultations regarding the establishment of the classification fee with U.S. cotton industry representatives were held during the period from September 2009 through January 2010 during numerous publicly held meetings. Representatives of all segments of the cotton industry, including producers, ginners, bale storage facility operators, merchants, cooperatives, and textile manufacturers were addressed in various industry-sponsored forums. The user fee established to be charged cotton producers for cotton classification in 2010 is $2.20 per bale, which is the same fee charged for the 2009 crop. This fee is based on the pre-season projection that 14.5 million bales will be classed by the United States Department of Agriculture during the 2010 crop year. Accordingly, § 28.909, paragraph

(b)will reflect the continuation of the cotton classification fee at $2.20 per bale. As provided for in the 1987 Act, a 5 cent per bale discount will continue to be applied to voluntary centralized billing and collecting agents as specified in § 28.909 (c). Growers or their designated agents receiving classification data will continue to incur no additional fees if classification data is requested only once. The fee for each additional retrieval of classification data in § 28.910 will remain at 5 cents per bale. The fee in § 28.910

(b)for an owner receiving classification data from the National database will remain at 5 cents per bale, and the minimum charge of $5.00 for services provided per monthly billing period will remain the same. The provisions of § 28.910(c) concerning the fee for new classification memoranda issued from the National Database for the business convenience of an owner without reclassification of the cotton will remain the same at 15 cents per bale or a minimum of $5.00 per sheet. The fee for review classification in § 28.911 will remain at $2.20 per bale. The fee for returning samples after classification in § 28.911 will remain at 50 cents per sample. Pursuant to 5 U.S.C. 533, good cause exists for not postponing the effective date of this final rule until 30 days after publication in the **Federal Register** because this rule maintains uniform user fees for 2010 crop cotton classification services as mandated by the Cotton Statistics and Estimates Act, at the same level as 2009 and only one comment was received during the public comment period provided in the proposed rule. List of Subjects in 7 CFR Part 28 Administrative practice and procedure, Cotton, Cotton samples, Grades, Market news, Reporting and recordkeeping requirements, Standards, Staples, Testing, Warehouses. For the reasons set forth in the preamble, 7 CFR part 28 is amended as follows: PART 28—[AMENDED] 1. The authority citation for 7 CFR part 28, Subpart D, continues to read as follows: Authority: 7 U.S.C. 51-65; 7 U.S.C. 471—476. 2. In § 28.909, paragraph

(b)is revised to read as follows: § 28.909 Costs.

(b)The cost of High Volume Instrument

(HVI)cotton classification service to producers is $2.20 per bale. 3. In § 28.911, the last sentence of paragraph

(a)is revised to read as follows: § 28.911 Review classification.

(a)* * * The fee for review classification is $2.20 per bale. Dated: June 11, 2010. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2010-14582 Filed 6-16-10; 8:45 am]

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