Unknown. Final rule

3,601 words·~16 min read·/register/2010/12/08/2010-30714

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-2010-12-08.xml --- 75 235 Wednesday, December 8, 2010 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Food Safety and Inspection Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service RULES Dairy Import Licensing Program, 76253-76254 2010-30714 Air Force Air Force Department NOTICES Environmental Impact Statements;

Availability, etc.: Construction and Operation of a Panoramic Survey Telescope and Rapid Response System; Cancellation, 76444 2010-30760 Modernization and Enhancement of Ranges; et al.; Joint Pacific Alaska Range Complex; Alaska, 76444-76446 2010-30759 Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2010-30763 76469-76471 2010-30764 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program; Home Health Prospective Payment System Rate Update for Calendar Year 2011: Changes in Certification Requirements for Home Health Agencies and Hospices; Correction, 76293 2010-30651 NOTICES Medicare Program: Renewal of the Medicare Evidence Development and Coverage Advisory Committee, 76471-76472 2010-30761 Civil Rights Civil Rights Commission NOTICES Meetings;

Sunshine Act, 2010-30935 2010-30932 76395-76396 2010-30933 Coast Guard Coast Guard RULES Anchorage Regulations: Long Island Sound, 76275-76279 2010-30741 Drawbridge Operation Regulations: James River, Hopewell, VA, 76279-76280 2010-30745 Upper Mississippi River, Burlington, IA, 76279 2010-30744 Regulated Navigation Areas: Thea Foss and Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement Bay, Tacoma, WA, 76280-76282 2010-30742 PROPOSED RULES Drawbridge Operation Regulations:

Duluth Ship Canal, Duluth-Superior Harbor, MN, 76324-76328 2010-30739 Fox River, Oshkosh, WI, 76322-76324 2010-30740 Security Zones: Vessels Carrying Hazardous Cargo, Sector Columbia River Captain of the Port Zone, 76328-76331 2010-30738 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Swap Data Recordkeeping and Reporting Requirements, 76574-76609 2010-30476 Consumer Product Consumer Product Safety Commission NOTICES Provisional Acceptance of Settlement Agreements and Orders:

Winter Bee, Inc., 76405-76408 2010-30834 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76408 2010-30699 Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplement: Restriction on Ball and Roller Bearings, 76297-76300 2010-30670 Restrictions on the Use of Mandatory Arbitration Agreements, 76295-76297 2010-30669 NOTICES Waiver of 10 U.S.C. 2534 for Certain Defense Items Produced in the United Kingdom, 76446-76447 2010-30671 Defense Department Defense Department See Air Force Department See Defense Acquisition Regulations System See Engineers Corps NOTICES 36(b)(1) Arms Sales, 2010-30727 2010-30728 2010-30729 76408-76421 2010-30730 Meetings:

Department of Defense Military Family Readiness Council, 76421-76422 2010-30719 National Defense Intelligence College Board of Visitors, 76423 2010-30723 Reserve Forces Policy Board, 76423 2010-30724 Task Force on Care, Management, and Transition of Recovering Wounded, Ill, and Injured Members of the Armed Forces, 76422-76423 2010-30722 Privacy Act; Systems of Records, 76423-76435 2010-30715 2010-30716 2010-30720 2010-30725 2010-30726 Revised Non-Foreign Overseas Per Diem Rates, 76435-76444 2010-30732 Education Education Department NOTICES Applications:

Strengthening Institutions Program, 76449-76451 2010-30817 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility To Apply for Worker Adjustment Assistance: Haldex Brake Corp. Commercial Vehicle Systems, Iola, KN, 76487 2010-30746 Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance, 76487-76489 2010-30750 Investigations Regarding Certifications of Eligibility to Apply for Worker Adjustment Assistance, 76490-76492 2010-30747 2010-30748 2010-30749 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Great Lakes and Mississippi River Interbasin Study; Correction; etc., 76447-76449 2010-30820 Environmental Protection Environmental Protection Agency RULES Revisions to General Tolerance Regulations: Pesticide Tolerance Crop Grouping Program II, 76284-76292 2010-30852 PROPOSED RULES 2017 and Later Model Year Light-Duty Vehicle GHG Emissions and CAFE Standards, 76337-76345 2010-30631 Approval and Promulgation of Air Quality Implementation Plans: Illinois, 76332-76336 2010-30840 Federal Implementation Plans:

Best Available Retrofit Technology for Four Corners Power Plant; Navajo Nation, 76331-76332 2010-30841 Two Studies of Ambient Lead Concentrations Near a General Aviation Airport; Data Availability, 76336-76337 2010-30849 NOTICES Cancellation Order for Amendments to Terminate Use: Methomyl on Grapes, 76456-76457 2010-30865 Meetings: FIFRA Scientific Advisory Panel, 76457-76460 2010-30630 Overview and Implications for Risk Assessment: Lymphohematopoietic Cancers Induced by Chemicals and Other Agents, 76460-76461 2010-30848 Petition for a Ban on Triclosan;

Availability, 76461-76463 2010-30850 Registration Applications: Pesticide Products, 76463-76465 2010-30489 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Gulfstream Aerospace LP Model Astra SPX, 1125 Westwind Astra, and Gulfstream 100 Airplanes, 76317-76319 2010-30762 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services: Fairbanks, AK, 76294-76295 2010-30851 Pacific Junction, IA, 76294 2010-30856 Peach Springs, AZ, 76293-76294 2010-30853 NOTICES Meetings:

Communications Security, Reliability, and Interoperability Council, 76465-76466 2010-30858 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Dominion Transmission, Inc., 76451-76452 2010-30751 Complaints: CAlifornians for Renewable Energy, Inc., et al. v. National Grid, Cape Wind, et al., 76453 2010-30755 ConocoPhillips Co. v. Enterprise TE Products Pipeline Co. LLC, 76452-76453 2010-30756 Effectiveness of Exempt Wholesale Generator Status: Top of the World Wind Energy, LLC, et al., 76453 2010-30752 Environmental Assessments;

Availability, etc.: Columbia Gulf Transmission Co. and Southern Natural Gas Co., East Cameron Block 23A Field Line Abandonment Project, 76453-76455 2010-30757 Filings: Coso Energy Developers, Coso Finance Partners and Coso Power Developers, 76455 2010-30753 Petititons for Declaratory Orders: Alta Wind I, LLC, 76455-76456 2010-30754 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 76466 2010-30882 Ocean Transportation Intermediary Licenses; Applicants, 76466 2010-30879 Ocean Transportation Intermediary Licenses;

Reissuances, 76466 2010-30877 Ocean Transportation Intermediary Licenses; Revocations, 76466-76467 2010-30878 Federal Railroad Federal Railroad Administration PROPOSED RULES Risk Reduction Program, 76345-76351 2010-30836 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 76467 2010-30969 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76517-76518 2010-30696 2010-30697 Food and Drug Food and Drug Administration RULES Implantation or Injectable Dosage Form New Animal Drugs:

Flunixin, 76260 2010-30769 Oral Dosage Form New Animal Drugs: Tylosin, 76259-76260 2010-30814 PROPOSED RULES Food Labeling; Health Claims: Phytosterols and Risk of Coronary Heart Disease, 76526-76571 2010-30386 NOTICES Meetings: User Fee Program for Biosimilar and Interchangeable Biological Product Applications, 76472-76473 2010-30713 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76393-76394 2010-30875 Foreign Assets Foreign Assets Control Office NOTICES Designation of Three Individuals Pursuant to Executive Order 13224, 76520-76521 2010-30866 General Services General Services Administration NOTICES Draft Concept for Government-wide ExpertNet Platform and Process to Elicit Expert Public Participation in Response to Government Questions, 76467-76468 2010-30861 Grain Inspection Grain Inspection, Packers and Stockyards Administration RULES Official Performance and Procedural Requirements:

Grain Weighing Equipment and Related Grain Handling Systems, 76254-76256 2010-30712 Health and Human 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 See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76468 2010-30869 Meetings:

Technical Advisory Panel on Medicare Trustee Reports, 76468-76469 2010-30838 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76473-76474 2010-30894 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Conforming Changes to Applicant Submission Requirements: Implementing Federal Financial Report and Central Contractor Registration Requirements, 76260-76262 2010-30843 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: County Data Record Project, 76479-76480 2010-30842 Procedure for Obtaining Certificates of Insurance for Capital Program, 76479 2010-30845 Requisition for Disbursement of Sections 202 and 811 Capital Advance/Loan Funds, 76480-76481 2010-30694 Environmental Impact Statements; Availability, etc.: HOPE SF Development at Alice Griffith Public Housing Development; San Francisco; CA, 76481-76482 2010-30844 Federal Housing Administration

(FHA)2011 FHA Maximum Loan Limits, 76482 2010-30687 Web Availability and Opportunity for Public Comment on Updated Guidance: Section 202 Supportive Housing for Elderly and Section 811 Supportive Housing for Persons with Disabilities, etc., 76482-76483 2010-30689 Indian Affairs Indian Affairs Bureau NOTICES Land Acquisitions: Cherokee Nation of Oklahoma, 76483 2010-30867 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service RULES Source of Income from Qualified Fails Charges, 76262-76263 2010-30895 PROPOSED RULES Source of Income From Qualified Fails Charges, 76321-76322 2010-30896 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76521 2010-30733 Meetings: Area 1 Taxpayer Advocacy Panel, 76523 2010-30890 Area 2 Taxpayer Advocacy Panel, 76523 2010-30889 Area 3 Taxpayer Advocacy Panel, 76523 2010-30888 Area 4 Taxpayer Advocacy Panel, 76523-76524 2010-30886 Area 5 Taxpayer Advocacy Panel, 76522 2010-30885 Area 6 Taxpayer Advocacy Panel, 76522 2010-30893 Area 7 Taxpayer Advocacy Panel, 76521-76522 2010-30892 Taxpayer Advocacy Panel Joint Committee, 76522 2010-30891 International Trade Adm International Trade Administration NOTICES Extension of Time Limit for Final Results of Antidumping Duty Administrative Review: Stainless Steel Sheet and Strip in Coils from Mexico, 76396-76397 2010-30859 International Trade Com International Trade Commission NOTICES Complaints and Investigations: Certain Electronic Paper Towel Dispensing Devices and Components Thereof, 76485-76486 2010-30857 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee, 76486-76487 2010-30708 Justice Department Justice Department See Prisons Bureau NOTICES Proposed Consent Decrees: United States et al. v. Beazer Homes USA, Inc., 76487 2010-30743 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Final Supplementary Rules for Public Lands in Idaho: Blue Creek Bay Recreation Management Area, 76483-76485 2010-30717 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 2010-31025 76494 2010-31027 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76494-76495 2010-30758 National Highway National Highway Traffic Safety Administration PROPOSED RULES 2017 and Later Model Year Light-Duty Vehicle GHG Emissions and CAFE Standards, 76337-76345 2010-30631 NOTICES Petitions for Decision of Inconsequential Noncompliance: Volvo Trucks North America and Mack Trucks, Inc., 76518-76519 2010-30839 National Institute National Institute of Standards and Technology NOTICES Effectiveness of Federal Agency Participation in Standardization in Select Technology Sectors, 76397-76399 2010-30864 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 76477-76478 2010-30818 2010-30821 2010-30823 National Advisory Allergy and Infectious Diseases, 76475-76477 2010-30810 National Advisory Eye Council, 76474 2010-30812 National Heart, Lung, and Blood Institute, 76478 2010-30816 National Institute of Allergy and Infectious Diseases, 76474, 76478 2010-30808 2010-30811 National Institute of General Medical Sciences, 76477 2010-30825 National Institute on Drug Abuse, 76474-76475 2010-30813 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: 2011 Commercial Fishing Season and Adaptive Management Measures for the Atlantic Shark Fishery, 76302-76314 2010-30688 Fisheries of Northeastern United States: Extension of Emergency Fishery Closure Due to Presence of Toxin that Causes Paralytic Shellfish Poisoning, 76315-76316 2010-30871 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Emergency Fisheries Closure in the Gulf of Mexico Due to the Deepwater Horizon MC252 Oil Spill, 76300-76302 2010-30870 PROPOSED RULES Amendments to National Marine Sanctuary Regulations Regarding Low Overflights in Designated Zones, 76319-76321 2010-30678 Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands; Proposed 2011 and 2012 Harvest Specifications for Groundfish, 76372-76392 2010-30692 Gulf of Alaska; Proposed 2011 and 2012 Harvest Specifications for Groundfish, 76352-76372 2010-30686 Fisheries of the Northeastern United States: Atlantic Surfclam and Ocean Quahog Fishery; Withdrawal, 76351-76352 2010-30874 NOTICES Applications for Permit Amendments: Marine Mammals File No. 781-1824, 76399 2010-30909 Applications: Marine Mammals; File No. 13602, 76399-76400 2010-30873 Endangered and Threatened Species: Take of Anadromous Fish, 76400-76401 2010-30908 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Firstenergy Nuclear Operating Co.; Davis-Besse Nuclear Power Station, 76498-76499 2010-30862 North Anna Power Station Unit Nos. 1 and 2; Surry Power Station Unit Nos. 1 and 2, 76495-76496 2010-30855 Nuclear Fuel Services, Inc., Proposed Exemption from Requirement to Measure Uranium Element, etc., of Special Nuclear Material, 76496-76498 2010-30860 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Bloodborne Pathogens Standard, 76492-76494 2010-30737 Patent Patent and Trademark Office NOTICES Pilot Program for Extended Time Period to Reply to Notice to File Missing Parts of Nonprovisional Application, 76401-76405 2010-30822 Postal Service Postal Service RULES Domestic Shipping Services Pricing and Mailing Standards Changes; Correction, 76282-76284 2010-30668 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: International Day of Persons With Disabilities (Proc. 8612), 76251-76252 2010-30998 Prisons Prisons Bureau RULES Inmate Discipline Program / Special Housing Units: Subpart Revision and Clarification, 76263-76274 2010-30525 Rural Utilities Rural Utilities Service NOTICES Environmental Impact Statements; Availability, etc.: Central Electric Power Cooperative, Inc., 76394-76395 2010-30898 Securities Securities and Exchange Commission NOTICES Approval of Investment Adviser Registration Depository Filing Fees, 76499-76500 2010-30701 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX BX, Inc., 76503-76505 2010-30804 NASDAQ OMX PHLX LLC, 76500-76502, 76509-76512 2010-30702 2010-30703 2010-30830 NASDAQ Stock Market LLC, 76505-76506, 76513-76515 2010-30803 2010-30833 National Securities Clearing Corp., 76512-76513, 76515-76517 2010-30880 2010-30881 National Stock Exchange, Inc., 76502-76503 2010-30829 NYSE Amex LLC, 76508-76509 2010-30718 The Depository Trust Co., 76506-76508 2010-30721 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76517 2010-30835 Disaster Declarations: Puerto Rico; Amendment 2, 76517 2010-30837 Social Social Security Administration RULES Withdrawal of Applications and Voluntary Suspension of Benefits, 76256-76259 2010-30868 Substance Substance Abuse and Mental Health Services Administration NOTICES Mandatory Guidelines for Federal Workplace Drug Testing Programs, 76478-76479 2010-30700 Surface Transportation Surface Transportation Board NOTICES Corporate Family Transaction Exemptions: Tennessee Southern Railroad Co., Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot Rail Corp., 76520 2010-30815 Thrift Supervision Thrift Supervision Office NOTICES Meetings: Mutual Savings Association Advisory Committee, 76524 2010-30704 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Health and Human Services Department, Food and Drug Administration, 76526-76571 2010-30386 Part III Commodity Futures Trading Commission, 76574-76609 2010-30476 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. 75 235 Wednesday, December 8, 2010 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 6 RIN 0551-AA70 Dairy Import Licensing Program AGENCY: Office of the Secretary, USDA. ACTION: Final rule. SUMMARY: This final rule amends the historical license reduction provisions of the Dairy Tariff-Rate Import Quota Licensing Program 7 CFR part 6, by suspending the provisions with respect to the reduction of historical licenses based on surrenders of unused quantities until 2016. DATES: *Effective Date:* January 1, 2011. FOR FURTHER INFORMATION CONTACT: Ron Lord, Branch Chief, Sugar and Dairy Branch, Import and Trade Support Programs Division, Foreign Agricultural Service, Stop 1021, 1400 Independence Avenue, SW., Washington, DC 20250-1021; telephone

(202)720-6939; or e-mail at: *ronald.lord@fas.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 The final rule has been determined to be not significant under E.O. 12866 and has been reviewed by the Office of Management and Budget. Regulatory Flexibility Act The Regulatory Flexibility Act ensures that regulatory and information requirements are tailored to the size and nature of small businesses, small organizations, and small governmental jurisdictions. This final rule will not have a significant economic impact on small businesses participating in the program. Executive Order 12988 This final rule has been reviewed under Executive Order 12988. The provisions of this final rule would not have a preemptive effect with respect to any State or local laws, regulations, or policies which conflict with such provision or which otherwise impede their full implementation. The final rule would not have a retroactive effect. Before any judicial action may be brought forward regarding this final rule, all administrative remedies must be exhausted. National Environmental Policy Act The Administrator has determined that this action will not have a significant effect on the quality of the human environment. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is necessary for this final rule. Unfunded Mandates Reform Act (Pub. L. 104-4) Public Law 104-4 requires consultation with State and local officials and Indian Tribal governments. This final rule does not impose an unfunded mandate or any other requirement on State, local, or Tribal governments. Accordingly, these programs are not subject to the provisions of the Unfunded Mandates Reform Act. Executive Order 12630 This Order requires careful evaluation of governmental actions that interfere with constitutionally protected property rights. This final rule would not interfere with any property rights and, therefore, does not need to be evaluated on the basis of the criteria outlined in Executive Order 12630. Government Paperwork Elimination Act Foreign Agricultural Service

(FAS)is committed to compliance with the Government Paperwork Elimination Act, which requires government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Background FAS administers the Dairy Tariff-Rate Import Quota Licensing Program, 7 CFR 6.20-6.37, that provides for the issuance of licenses to import certain dairy articles under tariff-rate quotas (TRQ), as established in the Harmonized Tariff Schedule of the United States. These dairy products may only be imported into the United States at the in-quota rate, by or for the account of a person or firm to whom such licenses have been issued, and only in accordance with the terms and conditions of the program. Section 6.25(b)(1)(i) provides that if a licensee surrenders more than 50 percent of a historical license at least 3 out of the 5 prior years, that license will be permanently reduced to the average amount entered during those 5 years. Any amounts permanently reduced are transferred to the non-historical quota, which is allocated by a lottery. In 2008, the Secretary amended the regulation, suspending section 6.25(b)(1)(i) for 2 years until January 1, 2011. Subsequent market developments have caused the Department to again re-consider the license reduction provisions of the Dairy Import Licensing Program. *Summary of public comments:* The Secretary published a proposed rule in the **Federal Register** (75 FR 62692-23), October 13, 2010, providing that the provisions of 7 CFR 6.25, with respect to the reduction of historical licenses, based on unused amounts would be suspended for an additional 5 years until 2016. The Department requested that public comments be submitted by November 12, 2010. Comments were submitted by 29 importing companies, 3 associations, a counsel to the Cheese Importers Association of America and several of its member companies, a customs broker, a manufacturer of dairy products, and a Congressman all in favor of the proposed 5-year suspension of the dairy import license reduction provision. The factors cited in favor of a further 5-year suspension included the declining availability of cheese from the European Union (EU), a weaker U.S. dollar, and the general economic weakness in the United States. Some companies with historical licenses stated that the U.S. food market benefits from reliable and longer-term supply-chain relationships which may be more easily maintained by companies which have historical licenses. Many of the companies emphasized that a 5-year suspension of the historical license reduction provision would allow additional time for license holders to adjust to economy-wide factors outside their control, including changes in the EU's supply and demand situation for dairy products, as well as to changes in the U.S. market. *Conclusion:* The quota-fill rates for Swiss, Gruyere, and low-fat type cheeses have continued to remain low even after transfer to the lottery system in recent years. Market conditions are always subject to fluctuation and change, and it is incumbent upon all license holders to adjust to these changing conditions. To allow additional time to adjust to changes in EU supply and demand, due to its long-term dairy policy changes, the Department will again temporarily suspend the historical license reduction provisions for a period of 5 years, commencing January 1, 2011. Historical license reductions will again be implemented beginning 2016, as set forth in the proposed rule. In 2016, historical license reductions will be based on import data from years 2011 through 2015. List of Subjects in 7 CFR Part 6 Agricultural commodities, Cheese, Dairy products, and Imports. For the reasons set out in the preamble, 7 CFR part 6 is amended as follows: PART 6—IMPORT QUOTAS AND FEES Subpart—Dairy Tariff-Rate Import Quota Licensing 1. The authority citation for part 6 subpart—Dairy Tariff-Rate Import Quota Licensing, continues to read as follows: Authority: Additional U.S. Notes 6, 7, 8, 12, 14, 16-23, and 25 to Chapter 4 and General Note 15 of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), Pub. L. 97-258, 96 Stat. 1051, as amended (31 U.S.C. 9701), and secs. 103 and 404, Pub. L. 103-465, 108 Stat. 4819 (19 U.S.C. 3513 and 3601). 2. Section 6.25

(b)is revised to read as follows: § 6.25 Allocation of Licenses.

(b)*Historical licenses for the 2011 and subsequent quota years (Appendix 1).*

(1)A person issued a historical license for the 2010 quota year will be issued a historical license in the same amount for the same article from the same country for the 2011 quota year and for each subsequent quota year except that:

(i)Beginning with the 2016 quota year, a person who has surrendered more than 50 percent of such historical license in at least three of the prior 5 quota years will thereafter be issued a license in an amount equal to the average annual quantity entered during those 5 quota years.

(ii)[Reserved] Issued at Washington, DC, the 30th day of November 2010. Robert Riemenschneider, Acting Administrator, Foreign Agricultural Service. [FR Doc. 2010-30714 Filed 12-7-10; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code