Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2010-10-22.xml --- 75 204 Friday, October 22, 2010 Contents Agency Agency for Healthcare Research and Quality NOTICES Common Formats for Patient Safety Data Collection and Event Reporting, 65359-65360 2010-26667 AID Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-26410 65296-65297 2010-26412 2010-26413 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65292 2010-26574 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65381-65382 2010-26785 2010-26793 Animal Animal and Plant Health Inspection Service RULES Removal of Varietal Restrictions on Apples from Japan, 65213-65214 2010-26750 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Beef from Uruguay, 65292-65293 2010-26749 Draft Guidelines on Pharmacovigilance of Veterinary Medicinal Products:

Electronic Standards for Transfer of Data, 65293-65294 2010-26748 Antitrust Antitrust Division NOTICES TeleManagement Forum: National Cooperative Research and Production Act of 1993, 65383-65384 2010-26719 Appalachian Appalachian States Low-Level Radioactive Waste Commission NOTICES Meetings, 65297 2010-26572 Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities 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 Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65353-65357 2010-26577 2010-26696 2010-26697 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs; Requirements for Long Term Care Facilities; Hospice Services, 65282-65291 2010-26395 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-26516 65350-65351, 65354 2010-26519 Medicare and Medicaid Programs: Application by the Joint Commission for Deeming Authority for Psychiatric Hospitals, 65360-65362 2010-26716 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65351-65353, 65357 2010-26538 2010-26560 2010-26694 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interstate Administrative Subpoena, 65358-65359 2010-26693 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Arkansas Waterway, Pine Bluff, AR, 65230-65232 2010-26672 Illinois River, Pekin, IL, 65232 2010-26674 Security Zones: In the Vicinity of the Michoud Slip Position, 65236-65238 2010-26673 Sabine Bank Channel, Sabine Pass Channel and Sabine-Neches Waterway, TX, 65232-65236 2010-26670 Commerce Commerce Department See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65297-65298 2010-26564 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Proposed Additions and Deletions, 65305 2010-26707 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65402-65404 2010-26585 Consumer Consumer Product Safety Commission PROPOSED RULES Virginia Graeme Baker Pool and Spa Safety Act;

Public Accommodation, 65261-65263 2010-26520 Virginia Graeme Baker Pool and Spa Safety Act; Public Accommodation; Withdrawal, 65263 2010-26521 NOTICES Meetings; Sunshine Act, 65305 2010-26913 Defense Defense Department See Engineers Corps Education Education Department NOTICES Meetings: National Board for Education Sciences, 65305-65306 2010-26782 Employee Employee Benefits Security Administration PROPOSED RULES Definition of the Term Fiduciary, 65263-65278 2010-26236 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: Proposed Federal Loan Guarantee to Support Construction of the Topaz Solar Farm, San Luis Obispo County, CA, 65306-65309 2010-26712 Meetings: Environmental Management Site Specific Advisory Board, Nevada, 65310 2010-26449 National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, 65309-65310 2010-26710 Engineers Engineers Corps PROPOSED RULES Danger Zones for Marine Corps Operations: Pamlico Sound and Adjacent Waters, NC, 65278-65279 2010-26442 EPA Environmental Protection Agency NOTICES Environmental Impact Statements;

Availability, etc.: Weekly Receipt, 65320-65321 2010-26739 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 65321-65322 2010-26720 Proposed Administrative Settlement Agreements: Crown Vantage Landfill Superfund Site, Alexandria Township, Hunterdon County, NJ, 65323 2010-26735 Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. Model A109E Helicopters;

Correction, 65224 2010-26569 Eurocopter France Model AS 350 B, BA, B1, B2, B3, and D, and Model AS355 E, F, F1, F2, and N Helicopters, 65222-65224 2010-26565 Amendment of Class E Airspace: Williston, ND, 65224-65225 2010-26525 Youngstown, OH, 65225-65226 2010-26526 Amendments and Establishments of Restricted Areas and Other Special Use Airspace: Razorback Range Airspace Complex, AR; Correction, 65229 2010-26568 Establishment of Class E Airspace: Bamberg, SC, 65226-65227 2010-26686 Revocation of Class E Airspace:

Chilicothe, MO, 65228 2010-26522 Franklin, TX, 65227-65228 2010-26532 PROPOSED RULES Proposed Amendment of Class E Airspace and Revocation of Class E Airspace: Easton, MD, 65250-65251 2010-26684 Proposed Amendment of Class E Airspace: Charleston, WV, 65251-65252 2010-26685 Proposed Amendments of Class E Airspace: Sturgis, KY, 65253-65254 2010-26571 Proposed Establishment of Class E Airspace: Benton, IL, 65254-65255 2010-26575 Proposed Modifications of Class E Airspace: Show Low, AZ, 65255-65256 2010-26579 NOTICES Petitions for Exemptions;

Summary of Petition Received, 65396-65397 2010-26594 Schedule of Charges Outside the United States; Availability, 65401 2010-26322 Waivers of Aureonautical Land-Use Assurance: Oakland/Southwest Airport, New Hudson, MI, 65401 2010-26432 FCC Federal Communications Commission NOTICES The Tennis Channel, Inc. v. Comcast Cable Communications, LLC, 65323-65330 2010-26766 FDIC Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65402-65404 2010-26585 Meetings;

Sunshine Act, 65330-65331 2010-26813 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 65331 2010-26435 Federal Emergency Federal Emergency Management Agency NOTICES Disaster Temporary Housing Operational Guide, 65365-65366 2010-26705 Recovery Policy RP9524.2, Landslides and Slope Stability Related to Public Facilities, 65366 2010-26703 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Pine Prairie Energy Center, LLC, 65310-65311 2010-26687 Renew Hydro, LLC, 65311-65312 2010-26689 Vortex Hydro Energy, LLC, 65312 2010-26690 Combined Filings, 65312-65319 2010-26755 2010-26756 2010-26757 2010-26758 2010-26760 Filings:

East Kentucky Power Cooperative, Inc., 65319 2010-26688 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Sandy Ridge Wind, LLC, 65319-65320 2010-26759 Federal Housing Federal Housing Enterprise Oversight Office RULES Equal Access to Justice Act Implementation, 65214-65222 2010-26650 Federal Housing Federal Housing Finance Agency RULES Equal Access to Justice Act Implementation, 65214-65222 2010-26650 NOTICES Federal Home Loan Bank Members Selected for Community Support Review, 65331-65339 2010-26776 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waiver of Compliance:

BNSF Railway Co. and Ferrocarril Mexican Railway Co., 65397-65398 2010-26683 Canadian Pacific Railway, 65398-65399 2010-26783 Northeast Illinois Commuter Railroad Corp., 65397 2010-26682 Union Pacific Railroad Co., 65399-65400 2010-26681 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65402-65404 2010-26585 Fish Fish and Wildlife Service NOTICES Comprehensive Conservation Plans and Environmental Assessments:

National Elk Refuge, Jackson, WY, 65370-65371 2010-26699 Comprehensive Conservation Plans, Availability, etc.: Klamath Marsh National Wildlife Refuge, Klamath County, OR, 65371-65372 2010-26666 Food Food and Drug Administration NOTICES Meetings: Oncologic Drugs Advisory Committee, 65362-65363 2010-26651 Foreign Foreign-Trade Zones Board NOTICES Reorganizations under Alternative Site Framework: Foreign-Trade Zone 38, Spartanburg County, SC, 65304 2010-26282 Forest Forest Service NOTICES Meetings:

Plumas County Resource Advisory Committee, 65295 2010-26559 Sitka Resource Advisory Committee, 65295-65296 2010-26406 Superior Resource Advisory Committee, 65296 2010-26439 Uinta-Wasatch-Cace National Forest Resource Advisory Committee, 65295 2010-25821 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health PROPOSED RULES Respirator Standards, 65281-65282 2010-26129 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65340 2010-26753 Annual Congressional Report: Contracted Consensus-Based Entity Regarding Performance Measurement, 65340-65349 2010-26795 Evaluations of Petitions to Designate a Class of Employees for Inclusion in the Special Exposure Cohort: BWX Technologies Inc., Lynchburg, VA, 65349-65350 2010-26558 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Federal Property Suitable as Facilities to Assist Homeless, 65366-65368 2010-26293 Illinois CDBG Disaster Recovery Grant:

Additional Waivers Granted to and Alternative Requirements, 65368-65370 2010-26777 Indian Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Fee-to-Trust Conveyance of Property for Cayuga Nation of New York in Cayuga and Seneca Counties, 65372-65373 2010-26222 Klamath Tribes Liquor Control Ordinance, 65373-65376 2010-26695 Indian Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65357-65358 2010-26429 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service International International Trade Commission NOTICES Complaints, 65378-65379 2010-26658 Decisions to Not Review Initial Determinations:

Ataudes Aguilares, Certain Caskets, 65379-65380 2010-26692 Meetings; Sunshine Act, 65380 2010-26816 Termination of Investigations: Certain Lighting Products, 65380-65381 2010-26647 Judicial Judicial Conference of the United States NOTICES Hearings of the Judicial Conference Committees on Bankruptcy, Criminal Rules, 65381 2010-26437 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division Labor Labor Department See Employee Benefits Security Administration Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws, 2010-26675 65400-65401 2010-26680 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Arts and Artifacts Indemnity Panel Advisory Committee, 65385 2010-26780 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65395-65396 2010-26714 NIH National Institutes of Health NOTICES Meetings: Basic Behavioral and Social Science Opportunity Network, 65363 2010-26709 National Cancer Institute, 65364-65365 2010-26702 2010-26706 National Institute of Diabetes and Digestive and Kidney Diseases, 65365 2010-26717 National Institute of Environmental Health Sciences, 65364-65365 2010-26704 2010-26711 National Institute of General Medical Sciences, 65363-65364 2010-26708 NOAA National Oceanic and Atmospheric Administration RULES Endangered and Threatened Wildlife and Plants:

Threatened Status for Southern Distinct Population Segment of Spotted Seal, 65239-65248 2010-26764 PROPOSED RULES Flower Garden Banks National Marine Sanctuary Regulations, 65256-65261 2010-26762 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 65298 2010-26700 South Atlantic Fishery Management Council, 65298 2010-26701 Recovery Plans; Endangered and Threatened Species, 65299-65304 2010-26754 Requests for Nominations: Advisory Committee on Commercial Remote Sensing, 65304-65305 2010-26746 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Drakes Bay Oyster Co. Special Use Permit; Point Reyes National Seashore, CA, 65373 2010-26733 Meetings: Alaska Regions Subsistence Resource Commission, 65377-65378 2010-25830 Chesapeake and Ohio Canal National Historical Park Advisory Commission, 65376-65377 2010-26738 Denali National Park and Preserve Aircraft Overflights Advisory Council within the Alaska Region, 65377 2010-26732 Minor Boundary Revision at Minidoka National Historic Site, 65378 2010-26730 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Retrospective Evaluation of the Network for Earthquake Engineering Simulation, 65385 2010-26527 Meetings: Advisory Committee for Polar Programs, 65385-65386 2010-26691 Nuclear Nuclear Regulatory Commission PROPOSED RULES Petitions for Rulemaking: Anthony R. Pietrangelo on Behalf of the Nuclear Energy Institute, 65249-65250 2010-26715 Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Postal Postal Regulatory Commission NOTICES New Postal Products, 65386 2010-26723 Presidential Presidential Documents EXECUTIVE ORDERS Education;

White House Initiative on Educational Excellence for Hispanics (EO 13555), 65415-65421 2010-27004 Railroad Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65387-65389 2010-26523 RUS Rural Utilities Service NOTICES Finding of No Significant Impact: Southern Maryland Electric Cooperative, 65294-65295 2010-26747 SEC Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 65391-65392 2010-26678 2010-26679 Self-Regulatory Organizations;

Proposed Rule Changes: BATS Exchange, Inc., 65393-65395 2010-26677 NASDAQ OMX PHLX LLC, 65392-65393 2010-26676 SBA Small Business Administration NOTICES Disaster Declarations: Connecticut, 65390-65391 2010-26792 Iowa; Amendment 5, 65390 2010-26781 Iowa; Amendment 6, 65390 2010-26794 Minnesota, 65389-65391 2010-26779 2010-26786 New York, 65391 2010-26784 North Carolina, 65389 2010-26778 State State Department NOTICES Accountability Review Board to Examine Circumstances of Death of Three DoD Personnel, etc., 65395 2010-26791 Thrift Thrift Supervision Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 65402-65404 2010-26585 Appointment of Receiver: Security Savings Bank, FSB, Olathe, KS, 65404 2010-26664 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Thrift Supervision Office RULES Privacy Act; Implementation, 65229-65230 2010-26327 Veterans Veterans Affairs Department RULES Loan Guaranty:

Elimination of Redundant Regulations; Correction, 65238-65239 2010-26580 PROPOSED RULES Schedule for Rating Disabilities: AL Amyloidosis (Primary Amyloidosis), 65279-65281 2010-26661 NOTICES Meetings: Rehabilitation Research and Development Service Scientific Merit Review Board, 65404-65405 2010-26556 Research Advisory Committee on Gulf War Veterans' Illnesses, 65405 2010-26724 Privacy Act; Systems of Records, 65405-65414 2010-26491 Separate Parts In This Issue Part II Presidential Documents, 65415-65421 2010-27004 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. 75 204 Friday, October 22, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2009-0020] RIN 0579-AD08 Removal of Varietal Restrictions on Apples From Japan AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations that allow the importation of Fuji variety apples from Japan to allow all varieties of *Malus domestica* apples into the United States under the same conditions as those for Fuji variety apples. We have determined that the risk associated with allowing other varieties of *M. domestica* apples from Japan into the United States is the same as that posed by Fuji variety apples.

This rule allows all varieties of *M. domestica* apples from Japan to be imported into the United States while continuing to protect against the introduction of quarantine pests. DATES: *Effective Date:* October 22, 2010. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 39, Riverdale, MD 20737-1231;

(301)734-0754. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-50, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into the United States from certain parts of the world to prevent the introduction and dissemination of plant pests that are new to or not widely distributed within the United States. The regulations in § 319.56-27 allow the importation of Fuji variety apples from Japan and the Republic of Korea if the apples are cold treated and then fumigated under the supervision of an Animal and Plant Health Inspection Service (APHIS) inspector for the peach fruit moth ( *Carposina niponensis* ), the yellow peach moth ( *Conogethes punctiferalis* ), and the fruit tree spider mite ( *Tetranychus viennensis* ), in accordance with 7 CFR part 305. The regulations also provide that the apples must be inspected upon completion of the cold treatment and fumigation, prior to export from Japan or the Republic of Korea, by an APHIS inspector and an inspector from the national plant protection organization

(NPPO)of Japan or the Republic of Korea. The regulations also require the NPPO of the exporting country to enter into a trust fund agreement with APHIS in accordance with § 319.56-6 before APHIS will provide the services necessary for Fuji apples to be imported into the United States from Japan or the Republic of Korea. On March 10, 2010, we published in the **Federal Register** (75 FR 11071-11072, Docket No. APHIS-2009-0020) a proposal 1 to amend the regulations in § 319.56-27 by allowing all varieties of *Malus domestica* apples into the United States from Japan under the same treatment and inspection conditions required for Fuji variety apples from Japan. We prepared a commodity import evaluation document

(CIED)as part of our evaluation of Japan's request to allow *M. domestica* varietal apples into the United States. Based on the evidence presented in the CIED, we determined that the measures currently in place for Fuji apples are adequate to manage pest risks associated with all varieties of *M. domestica* apples from Japan. 1 To view the proposed rule, the CIED, and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0020.* We solicited comments concerning the proposed rule for 60 days ending May 10, 2010. We received six comments by that date. They were from private citizens and from an association of horticultural producers. Four commenters supported the rule. The other two commenters opposed the proposal to allow the importation of all varieties of *M. domestica* apples into the United States from Japan. One commenter stated that allowing the importation of additional variety of apples from Japan would be unreasonable since Japan continues to restrict apples and cherries from the United States, requiring separate testing for treatment efficacy for each variety of those fruits without providing scientific evidence to justify their requirement. The commenter stated that the varietal testing requirements constitute a trade barrier and suggested that, if Japan is unwilling to allow additional varieties of apples and cherries to be exported from the United States, then we should not allow additional apple varieties to be imported from Japan. The second commenter asked why we thought the importation of additional varieties of apples from Japan was necessary. Specifically, the commenter wanted to know whether the demand for apples had increased enough to necessitate the importation of additional apple varieties from Japan, which could increase the potential for importing pests into the United States. We have evaluated the potential pest risk associated with the importations of additional apple varieties from Japan. Based on our evaluation, we have determined that the measures currently in place for Fuji apples are adequate to manage pest risks associated with all varieties of *M. domestica* apples from Japan. In any case, the mitigations currently in place for Fuji apples are sufficient to mitigate the risk of importing pests into the United States. Therefore, it is appropriate to grant Japan's request to allow the importation of additional apple varieties into the United States. Any increase in the quantity of apples from Japan because of importation of these other, scarcely grown *M. domestica* varieties is expected to be insignificant. We will continue to work with the NPPO of Japan to resolve technical barriers to exporting U.S. fruits. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the **Federal Register** . Immediate implementation of this rule is necessary to provide relief to those persons who are adversely affected by restrictions we no longer find warranted. The shipping season for *M. domestic* apple varieties from Japan is in progress. Making this rule effective immediately will allow interested producers and others in the marketing chain to benefit during this year's shipping season. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the **Federal Register.** Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT . Allowing imports of all varieties of *M. domestica* apples from Japan into the United States is expected to have minimal economic impact on U.S. entities, large or small. Although the Fuji apple is the most common variety grown in Japan, it constituted only 0.1 percent of U.S. apple imports in 2008. Allowing entry of other *M. domestica* varieties is expected to change the quantity of apple imports from Japan only minimally. The wide price differential between apples grown in Japan and in the United States suggests that apples imported from Japan are not a close substitute for the principal U.S.-grown apple varieties. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows all varieties of *M. domestica* apples to be imported into the United States from Japan. State and local laws and regulations regarding the importation of *M. domestica* apples under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 2. Section 319.56-27 is amended as follows: a. By revising the section heading and the introductory text to read as set forth below. b. In paragraphs

(b)and (c), by removing the words “Fuji variety” each time they occur. c. In paragraphs

(b)and (c), by removing the word “agency” each time it occurs and adding the word “organization” in its place. § 319.56-27 Apples From Japan and the Republic of Korea. Any variety of *Malus domestica* apples may be imported into the United States from Japan, and Fuji variety apples may be imported into the United States from the Republic of Korea, only in accordance with this section and all other applicable provisions of this subpart. Done in Washington, DC, this 18th day of October 2010. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2010-26750 Filed 10-21-10; 8:45 am]

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