Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-09-20.xml --- 75 181 Monday, September 20, 2010 Contents Agency Agency for Healthcare Research and Quality NOTICES Patient Safety Organizations; Voluntary Delisting, 57281-57282 2010-23078 AID Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57251 2010-23316 Agricultural Agricultural Marketing Service RULES Increased Assessment Rate for the 2010-2011 Crop Year:

Tart Cherries Grown in Michigan, et al., 57161-57163 2010-23336 PROPOSED RULES National Organic Standards Board, 57194-57200 2010-23337 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES National Poultry Improvement Plan and Auxiliary Provisions, 57200-57215 2010-23248 Army Army Department See Engineers Corps Bureau of Consumer Financial Protection NOTICES Designated Transfer Date, 57252-57253 2010-23487 Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Open and Nondiscriminatory Access to Oil and Gas Pipelines, 57285-57286 2010-23424 Census Census Bureau NOTICES American Community Survey 5-Year Data Product Plans, 57254-57257 2010-23373 Centers Centers for Disease Control and Prevention NOTICES Meetings: Advisory Board on Radiation and Worker Health (ABRWH or Advisory Board), 57281 2010-23378 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for State Data Needed to Determine Amount of a Tribal Family Assistance Grant, 57279 2010-23319 Coast Guard Coast Guard RULES Safety Zones: CLS Fall Championship Hydroplane Race, Lake Sammamish, WA, 57167-57169 2010-23358 Commerce Commerce Department See Census Bureau See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2011 Field Test of Re-Engineered Survey of Income and Program Participation, 57253-57254 2010-23338 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 57264 2010-23518 2010-23520 Defense Defense Department See Engineers Corps Economic Economic Analysis Bureau PROPOSED RULES Direct Investment Surveys: BE-11, Annual Survey of U.S. Direct Investment Abroad, 57217-57220 2010-23428 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57265 2010-23449 Employment Employment Standards Administration See Wage and Hour Division Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: Creating an Offshore Wind Industry in the United States; A National Vision, 57271 2010-23446 Engineers Engineers Corps NOTICES Meetings: Inland Waterways Users Board, 57264 2010-23210 EPA Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans and Designations of Areas for Air Quality Planning Purposes:

Alabama: Birmingham; Determination of Attaining Data for the 2006 24-Hour Fine Particulate Standard, 57186-57187 2010-23318 Final Authorization of State Hazardous Waste Management Program Revisions: Rhode Island, 57188-57191 2010-23401 Significant New Use Rules on Certain Chemical Substances, 57169-57186 2010-23415 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: Connecticut, et al.; Reasonable Further Progress Plans and 2002 Base Year Emission Inventories, 57221-57230 2010-23402 Rules to Implement 1997 8-Hour Ozone National Ambient Air Quality Standard:

New Source Review Anti-Backsliding Provisions for Former 1-Hour Ozone Standard, 57220-57221 2010-23398 NOTICES Proposed CERCLA Administrative Cost Recovery Settlements: Gilberts/Kedzie Site, Gilberts, IL, 57272 2010-23403 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Proposed Establishments of Class E Airspace: Bamberg, SC, 57216-57217 2010-23400 Crewe, VA, 57215-57216 2010-23389 NOTICES Petitions for Exemption;

Summary of Petitions Received, 57328-57329 2010-23390 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57265-57266 2010-23364 Applications: Haida Energy, Inc., 57267-57268 2010-23366 Idaho Power Co., 57266-57267 2010-23365 Baseline Filings: Duke Energy Ohio, Inc, et al., 57268 2010-23367 Effectiveness of Exempt Wholesale Generator Status, 57269 2010-23362 Environmental Assessments; Availability, etc.:

LNG Truck Loading Project, Southern LNG Co., LLC, 57269-57271 2010-23361 Filings: Linden VFT, LLC, 57271 2010-23363 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Pinal County, AZ, 57327-57328 2010-23296 Federal Motor Federal Motor Carrier Safety Administration RULES Compliance with Interstate Motor Carrier Noise Emission Standards: Exhaust Systems, 57191-57193 2010-23419 NOTICES Qualifications of Drivers; Exemption Applications:

Diabetes Mellitus, 57329-57330 2010-23423 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisition of Shares of Bank or Bank Holding Companies, 57272 2010-23376 FTC Federal Trade Commission NOTICES Proposed Consent Agreements: Dun and Bradstreet Corp., 57272-57274 2010-23436 Fish Fish and Wildlife Service NOTICES Meetings: Wildlife and Hunting Heritage Conservation Council, 57292-57293 2010-23393 Food Food and Drug Administration NOTICES Meetings: Risk Communication Advisory Committee, 57279-57280 2010-23368 Foreign Foreign Agricultural Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57251-57252 2010-23339 Forest Forest Service NOTICES Meetings: Ravalli County Resource Advisory Committee, 57252 2010-23302 GSA General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplier Greenhouse Gas Emissions Inventory Pilot, 57275 2010-23391 GAO Government Accountability Office NOTICES Financial Management and Assurance: Government Auditing Standards, 57274-57275 2010-23374 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES 340B Drug Pricing Program Administrative Dispute Resolution Process, 57233-57235 2010-23460 340B Drug Pricing Program Manufacturer Civil Monetary Penalties, 57230-57232 2010-23461 NOTICES Meetings:

Health Information Technology Policy Committee, 57276-57277 2010-23311 Health Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57277-57279 2010-23416 2010-23417 Statements of Organization, Functions and Delegations of Authority, 57282-57283 2010-23429 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Guidance Regarding Deferred Discharge of Indebtedness Income of Corporations and Deferred Original Issue Discount Deductions;

Correction, 57163 C1--2010--20060 International International Trade Administration NOTICES Antidumping Duty Orders: Certain Magnesia Carbon Bricks from Mexico and the People's Republic of China, 57257-57259 2010-23427 Extension of Time Limit for Preliminary Results of Seventh Antidumping Duty New Shipper Reviews: Certain Frozen Fish Fillets from Socialist Republic of Vietnam; Correction of Date, 57261 2010-23351 Solicitation of Nominations for Membership on the Civil Nuclear Trade Advisory Committee, 57263-57264 2010-23353 International International Trade Commission NOTICES Recommendations for Modifying the Harmonized Tariff Schedule:

Certain Festive Articles, 57293-57295 2010-23396 Justice Justice Department See Parole Commission Labor Labor Department See Mine Safety and Health Administration See Wage and Hour Division Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: NextLight Renewable Power, LLC, Silver State Solar Project, Clark County, NV, 57286-57287 2010-23334 Filing of Plats of Survey: Montana, 57287 2010-23379 Mine Mine Safety and Health Administration NOTICES Affirmative Decisions on Petitions for Modification Granted in Whole or in Part, 57295-57296 2010-23323 Petitions for Modification of Existing Mandatory Safety Standards, 57297-57298 2010-23324 NIH National Institutes of Health NOTICES Meetings:

National Institute of Environmental Health Sciences, 57280-57281 2010-23382 National National Intelligence, Office of the National Director RULES Privacy Act; Systems of Records, 57163-57167 2010-23320 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Atlantic Highly Migratory Species: 2011 Commercial Fishing Season and Adaptive Management Measures for Atlantic Shark Fishery, 57240-57249 2010-23443 Atlantic Shark Management Measures, 57235-57240 2010-23438 Fisheries of Northeastern United States:

Northeast Multispecies Fishery; Charter-Party Fishery Control Date, 57249-57250 2010-23444 NOTICES Atlantic Highly Migratory Species: 2011 Research Fishery; Atlantic Shark Management Measures, 57259-57261 2010-23442 New England and Mid-Atlantic Fishery Management Councils: Amendment 5 to the Monkfish Fishery Management Plan, 57262-57263 2010-23441 New Policy Regarding Processing or Loading into NGS Databases, 57263 2010-23356 National Park National Park Service NOTICES Intent to Repatriate Cultural Items:

Oshkosh Public Museum, Oshkosh, WI, 57287-57288 2010-23406 Inventory Completions: Pioneer Historical Society of Bent County, Las Animas, CO, 57289-57290 2010-23426 University of Colorado Museum, Boulder, CO, 57290-57292 2010-23414 Utah Museum of Natural History, Salt Lake City, UT, 57288-57289 2010-23405 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Physics, 57298 2010-23375 Permit Applications Received Under 1978 Antarctic Conservation Act, 57298-57299 2010-23329 2010-23333 Nuclear Nuclear Regulatory Commission NOTICES Applications:

FirstEnergy Nuclear Operating Co., Davis-Besse Nuclear Power Station Unit 1, 57299-57300 2010-23381 Uranium One USA, Inc., 57300-57302 2010-23383 Meetings: Advisory Committee on Reactor Safeguards, 57302-57303 2010-23380 Privacy Act; Systems of Records, 57334-57368 2010-23247 Office of the Director of National Intelligence See National Intelligence, Office of the National Director Parole Parole Commission NOTICES Record of Vote of Meeting Closure, 57295 2010-23295 Patent Patent and Trademark Office NOTICES Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System, 57261-57262 2010-23395 Postal Postal Regulatory Commission NOTICES New Postal Products, 57303-57304 2010-23404 Periodic Reporting Proposals, 57304-57305 2010-23371 Presidential Presidential Documents ADMINISTRATIVE ORDERS Terrorism;

Continuation of National Emergency with Respect to Persons Who Commit, Threaten to Commit, or Support (Notice of September 16, 2010), 57159 2010-23557 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-23409 57305-57307 2010-23410 2010-23411 Amendments to Consolidated Tape Association Plan, 57307-57310 2010-23359 2010-23360 Applications: American Capital, Ltd., 57310-57312 2010-23408 Meetings; Sunshine Act, 57312-57313 2010-23523 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc., 57313-57314 2010-23384 NASDAQ Stock Market LLC, 57314-57318, 57321-57326 2010-23385 2010-23386 National Securities Clearing Corp., 57318-57321 2010-23372 State State Department NOTICES 2011-2014 U.S.-Oman Environmental Cooperation Plan of Action, 57326-57327 2010-23425 Surface Surface Transportation Board NOTICES Acquisitions and Operation Exemptions: GNP Rly, Inc.; Redmond Spur and Woodinville Subdivision, 57327 2010-23370 Thrift Thrift Supervision Office NOTICES Community Reinvestment Act, 57330-57331 2010-23421 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cost Submission, 57284-57285 2010-23349 Passenger and Crew Manifest, 57283-57284 2010-23348 Wage Wage and Hour Division NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57296-57297 2010-23369 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 57334-57368 2010-23247 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. 75 181 Monday, September 20, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 930 [Doc. No. AMS-FV-10-0029; FV10-930-2 FR] Tart Cherries Grown in the States of Michigan, et al.; Increased Assessment Rate for the 2010-2011 Crop Year for Tart Cherries AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Cherry Industry Administrative Board (Board) for the 2010-2011 fiscal period from $0.0066 to $0.0075 per pound of assessable tart cherries. The Board locally administers the marketing order which regulates the handling of tart cherries grown in Michigan, New York, Oregon, Pennsylvania, Utah, Washington, and Wisconsin. Assessments upon tart cherry handlers are used by the Board to fund reasonable and necessary expenses of the program.

The 2010-2011 fiscal period year begins October 1, 2010. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* September 21, 2010. FOR FURTHER INFORMATION CONTACT: Kenneth G. Johnson, DC Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:

(301)734-5243, Fax:

(301)734-5275; E-mail: *Kenneth.Johnson@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: *Antoinette.Carter@ams.usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 930 (7 CFR part 930), regulating the handling of tart cherries produced in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, 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. Under the marketing order provisions now in effect, tart cherry handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable tart cherries beginning October 1, 2010, and continue until amended, suspended, or terminated. 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 exempt therefrom. Such 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 rule increases the assessment rate established for the Board for the 2010-2011 and subsequent fiscal periods from $0.0066 to $0.0075 per pound of assessable tart cherries. The 2010-2011 fiscal period begins on October 1, 2010, and ends on September 30, 2011. The tart cherry marketing order provides authority for the Board, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Board are producers and handlers of tart cherries. They are familiar with the Board's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. Authority to fix the rate of assessment to be paid by each handler and for the Board to collect such assessments appears in § 930.41 of the order. That section also provides that each part of an assessment rate intended to cover administrative costs and research and promotional costs be identified. Section 930.48 of the order provides that the Board, with the approval of the USDA, may establish or provide for the establishment of production research, market research and development, and/or promotional activities designed to assist, improve, or promote the marketing, distribution, consumption, or efficient production of cherries. The expense of such projects is paid from funds collected pursuant to § 930.41 (Assessments), or from such other funds as approved by the USDA. For the 2006-2007 fiscal year, the Board recommended, and USDA approved, an assessment rate of $0.0066 per pound of tart cherries handled that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other information available to USDA. The Board met on January 26, 2010, and recommended 2010-2011 expenditures of $1,665,000 and an assessment rate of $0.0075 per pound of tart cherries. The Board's recommendation was unanimous. In comparison, last year's budgeted expenses were $1,558,900. The Board recommended that the assessment rate be increased to cover increases in administrative expenses. The assessment rate has not been increased in four years. The current assessment rate to cover administrative costs is $0.0016. The increase will raise the assessment rate for administrative expenses to $0.0025. In addition, a portion of the assessment rate ($0.005 per pound of cherries) will continue to fund the Board's research and promotion program. The total assessment rate for 2010-2011 and beyond will be $0.0075, an increase of approximately 14 percent over the current rate of $0.0066. The major expenditures recommended by the Board for the 2010-2011 year include $1,150,000 for promotion, $213,000 for personnel, $109,000 for compliance, $102,000 for office expenses, $86,000 for Board meetings, and $5,000 for industry educational efforts. Budgeted expenses for major items in 2009-2010 were $1,150,000 for promotion, $175,900 for personnel, $92,800 for Board meetings, $44,200 for compliance, $58,400 for office expenses, and $2,500 for industry educational efforts, respectively. In deriving the recommended assessment rate, the Board estimated assessable tart cherry production for the fiscal period at 230 million pounds. Therefore, total assessment income for 2010-2011 is estimated at $1,725,000 (230 million pounds × $0.0075). This will be adequate to cover budgeted expenses. Any excess funds will be placed in the financial reserve, which is estimated to be $267,000, well within the approximately six months' operating expenses as required by § 930.42(a). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other available information. Although the assessment rate will be effective for an indefinite period, the Board will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Board meetings are available from the Board or the USDA. Board meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Board recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Board's 2010-2011 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by the USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 40 handlers of tart cherries who are subject to regulation under the tart cherry marketing order and approximately 600 producers of tart cherries in the regulated area. Small agricultural service firms, which includes handlers, have been 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. A majority of the producers and handlers are considered small entities under SBA's standards. The principal demand for tart cherries is in the form of processed products. Tart cherries are dried, frozen, canned, juiced, and pureed. During the period 1997/98 through 2008/09, approximately 96 percent of the U.S. tart cherry crop, or 244.4 million pounds, was processed annually. Of the 244.4 million pounds of tart cherries processed, 61 percent was frozen, 27 percent was canned, and 12 percent was utilized for juice and other products. Based on National Agricultural Statistics Service data, acreage in the United States devoted to tart cherry production has been trending downward. Bearing acreage has declined from a high of 50,050 acres in 1987/88 to 34,650 acres in 2008/09. This represents a 31 percent decrease in total bearing acres. Michigan leads the nation in tart cherry acreage with 70 percent of the total and produces about 75 percent of the U.S. tart cherry crop each year. This rule increases the assessment rate established for the Board for the 2010-2011 and subsequent fiscal periods from $0.0066 to $0.0075 per pound of assessable tart cherries. The 2010-2011 fiscal period begins on October 1, 2010, and ends on September 30, 2011. The Board discussed continuing the existing assessment rate, but concluded that the rate needed to be increased in order to meet recommended expenses. The assessment rate has not been increased for four years. A review of preliminary information pertaining to the upcoming fiscal period indicates that the grower price for tart cherries for the 2010-2011 season could range between $0.15 and $0.20 per pound. Therefore, the estimated assessment revenue for the 2010-2011 fiscal period is expected to range between 3.75 and 5 percent of grower revenue. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs will be offset by the benefits derived by the operation of the marketing order. In addition, the Board's meeting was widely publicized throughout the tart cherry industry and all interested persons were invited to attend the meeting and participate in Board deliberations on all issues. Like all Board meetings, all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. This rule will impose no additional reporting or recordkeeping requirements on either small or large tart 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. 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. A proposed rule concerning this action was published in the **Federal Register** on May 27, 2010 (75 FR 29684). Copies of the proposed rule were also mailed or sent via facsimile to all tart cherry handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the **Federal Register** . A 60-day comment period ending July 26, 2010, was provided for 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 material presented, including the information and recommendation submitted by the Board 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. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because the 2010-2011 fiscal period begins October 1, 2010, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable tart cherries handled during such fiscal period and the Board incurs expenses on a continuing basis. Further, handlers are aware of this action which was unanimously recommended by the Board at a public meeting. Also, a 60-day comment period was provided for the proposed rule. List of Subjects in 7 CFR Part 930 Marketing agreements, Reporting and recordkeeping requirements, Tart cherries. For the reasons set forth in the preamble, 7 CFR part 930 is amended as follows: PART 930—TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN 1. The authority citation for 7 CFR part 930 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 930.200 is revised to read as follows: § 930.200 Assessment rate. On and after October 1, 2010, the assessment rate imposed on handlers shall be $0.0075 per pound of tart cherries grown in the production area and utilized in the production of tart cherry products. Included in this rate is $0.005 per pound of cherries to cover the cost of the research and promotion program and $0.0025 per pound of cherries to cover administrative expenses. Dated: September 13, 2010. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2010-23336 Filed 9-17-10; 8:45 am]

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