Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-01-04.xml --- 76 2 Tuesday, January 4, 2011 Contents Agricultural Marketing Agricultural Marketing Service RULES Country of Origin Labeling of Packed Honey, 251-253 2010-33137 PROPOSED RULES National Organic Program (NOP); Sunset Review (2011), 288-291 2010-33138 NOTICES Funds Availabilities: Inviting Applications for Specialty Crop Block Grant Program—Farm Bill, 312-314 2010-33136 Sorghum Promotion, Research, and Information Program:

Referendum, 314-315 2010-33135 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Meetings: Secretary's Advisory Committee on Animal Health, 315 2010-33206 Army Army Department See Engineers Corps Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Environmental Impact Statements;

Availability, etc.: Proposed 2012-2017 Outer Continental Shelf Oil and Gas Leasing Program, 376-377 2010-33149 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 367-368 2010-33124 Tribal Consultation Advisory Committee, 367 2010-33126 Civil Rights Civil Rights Commission NOTICES Meetings: Colorado Advisory Committee and Agenda, 319-320 2010-33178 Louisiana Advisory Committee and Agenda, 320 2010-33197 Maine Advisory Committee and Agenda, 319 2010-33177 New Mexico Advisory Committee and Agenda, 320 2010-33179 Vermont Advisory Committee and Agenda, 319 2010-33176 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 320-321 2010-33175 Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2012 Economic Census Covering Utilities, Transportation and Warehousing, Finance and Insurance, etc. Sectors, 321-322 2010-33172 Defense Department Defense Department See Engineers Corps NOTICES Meetings: Missile Defense Advisory Committee; Date Change, 335-336 2010-33168 Delaware Delaware River Basin Commission PROPOSED RULES Water Quality Regulations, Water Code and Comprehensive Plan to Provide for Regulation of Natural Gas Development Projects:

Proposed Amendments, 295-296 2010-32981 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 338-339 2010-33185 2010-33186 Funding Opportunities for New Awards for 2011 Fiscal Year: National Data and Statistical Center for Spinal Cord Injury Model Systems, etc., 344-348 2010-33199 National Data and Statistical Center for Traumatic Brain Injury Model Systems, etc., 339-344 2010-33203 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: ETA 586, Interstate Arrangement for Combining Employment and Wages, 386-387 2010-33183 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Great Lakes and Mississippi River Interbasin Study, 336-338 2010-33215 PacRim Coals Proposed Chuitna Coal Project, 336 2010-33214 Environmental Protection Environmental Protection Agency RULES Adequacy of Alaska Municipal Solid Waste Landfill Permit Program, 270-272 2010-33196 PROPOSED RULES Adequacy of Alaska's Municipal Solid Waste Landfill Permit Program, 303 2010-33195 Pesticides;

Satisfaction of Data Requirements: Procedures to Ensure Protection of Data Submitters' Rights, 302 2010-33201 Revisions to California State Implementation Plan: San Joaquin Valley Air Pollution Control District, 298-302 2010-33194 NOTICES Inquiry to Learn whether Businesses Assert Business Confidentiality Claims, 362-365 2010-33188 Meetings: Exposure Modeling, 365-366 2010-33202 Public Water Supply Supervision Programs: Revision for State of Washington, 366-367 2010-33192 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Pratt and Whitney Canada Corp. PW305A and PW305B Turbofan Engines; Correction, 255 2010-33171 ROLLADEN-SCHNEIDER Flugzeugbau GmbH Model LS6 Gliders, 253-255 2010-32798 PROPOSED RULES Airworthiness Directives: General Electric Co. CF6-45 and CF6-50 Series Turbofan Engines, 292-294 2010-33167 Special Conditions: Gulfstream Model GVI Airplane; Single-Occupant Side-Facing Seats, 291-292 2010-33221 NOTICES Environmental Impact Statements; Availability, etc.: Philadelphia International Airport;

Capacity Enhancement Program, 409-410 2010-33223 Petitions for Exemptions; Summaries of Petitions Received, 410 2010-33127 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 272-283 2010-33190 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 348-362 2010-33150 2010-33151 2010-33153 2010-33154 2010-33155 2010-33156 2010-33157 2010-33158 2010-33159 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization:

Pan American Energy, LLC, 362 2010-33152 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in Alaska, 410-411 2010-33085 Federal Motor Federal Motor Carrier Safety Administration NOTICES Regulatory Guidance Concerning Electronic Signatures and Documents, 411-414 2010-33238 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact Statements; Availability, etc.: Los Angeles to San Luis Obispo Rail Corridor Improvements Studies, 414-415 2010-33146 Fiscal Fiscal Service NOTICES Increase in Application and Renewal Fees Imposed on Surety Companies, etc., 416 2010-33061 Surety Companies Acceptable on Federal Bonds:

Change in NAIC Number and State of Incorporation; Westchester Fire Insurance Co., 416-417 2010-33060 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List the Red Knot subspecies Calidris canutus roselaari as Endangered, 304-311 2010-33187 Food and Drug Food and Drug Administration RULES Informed Consent Elements, 256-270 2010-33193 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Food Labeling Regulations, 368 2010-33212 Petition to Request Exemption from 100 Percent Identity Testing of Dietary Ingredients, etc., 368 2010-33209 Preparing Claim of Categorical Exclusion or Environmental Assessment for Submission, etc., 368 2010-33210 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Sisters Ranger District; Deschutes National Forest; OR; Popper Vegetation Management Project, 315-316 2010-33090 Grain Inspection Grain Inspection, Packers and Stockyards Administration NOTICES Cancellation of Lewiston Grain Inspection Service, Inc.

Designation and Designation Opportunities in Lewiston, ID Area, 317 2010-33140 Designation Opportunities: States of Georgia and Montana Areas; Request for Comments, 317-318 2010-33139 Designations to Provide Official Class X Weighing Services: Minot Grain Inspection, Inc., 318 2010-33141 Designations: Columbus, OH; Dallas, TX, and Decatur, IN Areas, 318-319 2010-33144 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Conditional Commitment/Direct Endorsement Statement of Appraised Value, 374-375 2010-33211 Housing Opportunities for Persons with AIDS Program, etc., 373-374 2010-33216 Mortgage Record Change, 373 2010-33213 Funding Availability for Fiscal Year 2010: 2010 Fiscal Year Rural Innovation Fund Program, 375 2010-33218 Historically Black Colleges and Universities Program, 375 2010-33204 Technical Assistance and Capacity Building under the Transformation Initiative, 376 2010-33205 Indian Affairs Indian Affairs Bureau NOTICES Land Acquisitions:

Cowlitz Indian Tribe of Washington, 377-379 2010-33145 Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 323 2010-33220 Sensors and Instrumentation Technical Advisory Committee, 323 2010-33222 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Amended Preliminary Determinations of Sales at Less than Fair Value:

Aluminum Extrusions from People's Republic of China, 323-327 2010-32867 Partial Rescissions of Antidumping Duty Administrative Reviews: Ball Bearings and Parts thereof from France, 327-328 2010-33227 International Trade Com International Trade Commission NOTICES Complaints: Solicitation of Comments Relating to Public Interest, 383-384 2010-33131 Investigations: Certain Semiconductor Chips and Products Containing Same, 384-385 2010-33207 Justice Department Justice Department NOTICES Lodging of Consent Decrees:

United States of America v. Boeing Co. et al., 385-386 2010-33114 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Iberdrola Renewable/Pacific Wind Development Tule Wind Project, etc., San Diego County, CA, 381-382 2010-33181 TransWest Express 600 kV Direct Current Transmission Project, Wyoming, Colorado, Utah, and Nevada, 379-381 2010-33180 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 370-373 2010-33231 2010-33232 National Center for Research Resources, 369-370 2010-33235 2010-33236 National Institute of Allergy and Infectious Diseases, 371-372 2010-33233 National Institute of Biomedical Imaging and Bioengineering, 370 2010-33237 National Institute of Diabetes and Digestive and Kidney Diseases, 369-370 2010-33240 National Institute of Neurological Disorders and Stroke, 369 2010-33230 National Oceanic National Oceanic and Atmospheric Administration RULES International Fisheries;

Pacific Tuna Fisheries: Vessel Capacity Limit in Purse Seine Fishery in Eastern Pacific Ocean, 283-287 2010-33228 PROPOSED RULES National Marine Sanctuary Regulations: Low Overflights in Designated Zones; Amendments, 294-295 2010-33088 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Billfish Tagging Report Card, 328 2010-33166 Requirements for Ocean Salmon Fishery Off Coasts of Washington, Oregon, and California, 329 2010-33165 Applications for Permit Amendments:

Marine Mammals, 329-330 2010-33225 Takes of Marine Mammals Incidental to Specified Activities: Taking Marine Mammals Incidental to Polar Bear Captures, 330-335 2010-33226 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 382-383 2010-33147 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Atomic Safety and Licensing Board Evidentiary Hearings: ArevaEnrichment Services, LLC (Eagle Rock Enrichment Facility), 387-388 2010-33184 Meetings;

Sunshine Act, 388 2010-33268 Requests for License Amendments: Southern Nuclear Operating Co., Vogtle Electric Generating Plant (Unit Nos. 1 and 2), 388-394 2010-33182 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Safety of On-Shore Hazardous Liquid Pipelines, 303-304 2010-33234 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 296-298 2010-33170 2010-33173 NOTICES New Postal Products, 394-396 2010-33164 2010-33161 Postal Service Postal Service NOTICES Product Changes:

Express Mail Negotiated Service Agreement, 396 2010-33162 Priority Mail Negotiated Service Agreement, 396 2010-33160 Priority Mail—Non-Published Rates, 396 2010-33148 Public Debt Public Debt Bureau See Fiscal Service Saint Lawrence Saint Lawrence Seaway Development Corporation NOTICES Meetings: Advisory Board, 415-416 2010-33217 Securities Securities and Exchange Commission RULES Amendments to Form ADV; Extension of Compliance Date, 255-256 2010-33142 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 396-397 2010-33113 Applications: iShares Trust, et al., 397-401 2010-33116 MetLife Insurance Co. of Connecticut, et al., 401-407 2010-33117 Meetings; Sunshine Act, 407-408 2010-33261 Self-Regulatory Organizations; Proposed Rule Changes: Fixed Income Clearing Corp., 408 2010-33163 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 408-409 2010-33041 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:

CSX Transportation, Inc., Allegany County, MD, 416 2010-33191 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Saint Lawrence Seaway Development Corporation See Surface Transportation Board Treasury Treasury Department See Fiscal Service See United States Mint U.S.

Mint United States Mint NOTICES 2011 Numismatic Products Pricing, 417 2010-33189 Western Western Area Power Administration NOTICES Environmental Impact Statements; Availability, etc.: TransWest Express 600 kV Direct Current Transmission Project, Wyoming, Colorado, Utah, and Nevada, 379-381 2010-33180 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. 76 2 Tuesday, January 4, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 52 [Document No.

AMS-FV-08-0075] RIN 0581-AC89 Country of Origin Labeling of Packed Honey AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule adopts an interim rule, with change, establishing new regulations addressing country of origin labeling for packed honey bearing any official USDA mark or statement. Also, the rule added a new cause for debarment from inspection and certification service for honey if country of origin labeling requirements are not met for packages of honey containing official USDA grade marks or statements.

The rule was necessary because section 10402 of the Food, Conservation and Energy Act of 2008 (2008 Farm Bill) amended the Agricultural Marketing Act of 1946 to require country of origin labeling for honey if it contains official USDA grade marks or statements. DATES: *Effective Date:* February 3, 2011. FOR FURTHER INFORMATION CONTACT: Chere L. Shorter by phone at

(202)720-4693 or e-mail to *Chere.Shorter@ams.usda.gov.* SUPPLEMENTARY INFORMATION: The regulations governing inspection and certification of processed fruits and vegetables 7 CFR part 52, were amended by an interim final rule published in the **Federal Register** on July 8, 2009 (74 FR 32389) to include provisions for country of origin labeling requirements for packed honey; and for debarment of services if the country of origin labeling requirements are not met for packages of honey containing official USDA grade marks or statements. The interim final rule became effective on October 6, 2009. Section 10402 of the 2008 Farm Bill (Pub. L. 110-246) amended section 1622(h) of the Agricultural Marketing Act of 1946, (7 U.S.C. 1621-1627, 1635-1638), to require that all packed honey bearing any official USDA mark or statement also bear “legibly and permanently in close proximity (such as on the same side(s) or surface(s)) to the certificate, mark, or statement, and in at least a comparable size, the [country or] countries of origin of the lot or container of honey, preceded by the words `Product of' or other words of similar meaning.” Section 10402 also establishes that a violation of the labeling requirements may be deemed by the Secretary of Agriculture to be sufficient cause for debarment from the benefits of the Act, only with respect to honey, and that the honey amendments shall take effect one year after the date of enactment of the 2008 Farm Bill, which is June 18, 2009. The Act authorizes official inspection, grading, and certification for processed fruits, vegetables, and processed products made from them. This amendment to the Act required the amendment of the regulations in 7 CFR part 52, which provide for official inspection and certification services with respect to processed fruit, vegetables, and miscellaneous products and the fees charged for such services. Section 52.53 describes and illustrates the use of approved certification marks. Section 52.54 lists the acts or practices that may cause debarment by the Administrator of any person from any benefits of the Act for a specified period of time. These include:

(1)Fraud or misrepresentation in filing an application; submission of samples; use of an inspection report or certificate; use of the words “Packed under continuous inspection of the U.S. Department of Agriculture,” any legend signifying that the product has been officially inspected, any statement of grade or similar words; use of a facsimile form;

(2)willful violations of the regulations; or

(3)interfering with an inspector, inspector's aid, or licensed sampler. Pursuant to the amendment of the Act by the 2008 Farm Bill, section 52.54 was amended to add a new paragraph providing for debarment of services if the country of origin labeling requirements are not met for honey. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have a retroactive effect. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Executive Order 12866 This 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). Regulatory Flexibility Act and Paperwork Reduction Act As required by the Regulatory Flexibility Act (5 U.S.C. 601-612) the Agricultural Marketing Service

(AMS)has prepared a regulatory flexibility analysis. AMS estimates that there are between 139,600 and 212,000 beekeepers in the United States. The vast majority of beekeepers (95 percent) are hobbyists with fewer than 25 hives, or bee colonies, and about 4 percent are part-time beekeepers who keep from 25 to 299 hives. Together, hobbyists and part-time beekeepers account for about 50 percent of bee colonies and about 40 percent of honey produced. Commercial beekeepers are those with 300 or more bee colonies. There are approximately 1,600 commercial beekeeping operations in the United States, which produce about 60 percent of the nation's honey. AMS believes that there are approximately 2,700 producers of honey, 41 handlers/packers, and 614 importers of honey and honey products. The Small Business Administration [13 CFR 121.201] defines small agricultural producers as those having annual receipts of $750,000 or less annually and small agricultural service firms as those having annual receipts of $7 million or less. Using these criteria, most producers and handlers/packers would be considered small businesses, while most importers would not. National Agricultural Statistics Service

(NASS)data report that U.S. production of honey, from producers with five or more colonies, totaled 144 million pounds in 2009, representing a decrease of 14 percent from 2004. The number of U.S. bee colonies producing honey in 2009 was 2.4 million (based on beekeepers who manage five or more colonies). The average annual yield per colony was 58.5 pounds of honey. The average producer price per pound was $1.44. The 2009 honey crop was valued at more than $208.2 million. The top six honey producing States in 2009 were North Dakota, South Dakota, California, Florida, Minnesota, and Montana. NASS reported the value of honey sold from these six States in 2009 was $144,843 and the volume produced was 101,697,000 pounds. Based on data from Department of Commerce, U.S. Census Bureau, Foreign Trade Statistics, seventeen countries produced more than 98 percent of the honey imported into the U.S. In 2009, six of these countries produced over 80 percent of the total honey imported into the United States. These countries and their share of the imports are Brazil (19 percent), Vietnam (18 percent), India (14 percent), Argentina (11 percent), Malaysia (9 percent), and Canada (9 percent). Imports accounted for 62 percent of U.S. consumption in 2006, an increase of 18 percent, up from 51 percent since 2002. The United States is one of the world's largest markets for industrial honey. This sector accounts for approximately 45 percent of total domestic consumption. The primary users of industrial honey are bakery, health food, and cereal manufacturers. Other users such as the food service industry account for another 10 percent of domestic consumption. Individual consumers who purchase small amounts of honey for personal use also significantly contribute to overall consumption in the United States. USDA grades for honey are not mandatory, but beekeepers, handlers/packers labeling honey as a particular grade are responsible for the accuracy of the label. The U.S. Standards for Grades of Honey are located on the AMS Web site at *http://www.ams.usda.gov/processedinspection.* The Act authorizes the inspection, certification, and identification of class, quality, quantity, and condition of agricultural commodities, under the Act, no person is required to use the services. The 2008 Farm Bill amended the Act to require that packaged honey bearing a grade mark or statement, continuous inspection mark or statement, sampling mark or statement, or any combination of marks or statements of the Department of Agriculture, must also bear the one or more names of the countries of origin of the lot or container of honey legibly and permanently in close proximity to and at least in comparable size to the mark or statement. Under the existing regulations governing the inspection and grading of processed fruits, vegetables, and miscellaneous products, section 52.53 provides for the use of approved identification marks and paragraph

(h)describes or lists prohibited uses of approved identification. Section 52.53(h) provides that, except for officially inspected or otherwise approved products, no label or advertising material used upon, or in conjunction with, a processed product shall bear a brand name, trademark, product name, company name, or any other descriptive material as it relates or alludes to any official U.S. Department of Agriculture certificate of quality or loading, grade mark, grade statement (except honey and maple syrup which may bear such grade mark or statement), continuous inspection mark, continuous inspection statement, sampling mark or sampling statement or combinations of one or more of the above. Therefore, honey and maple syrup may bear official USDA grade marks without official inspection. This rule applies to domestic as well as foreign sources of honey. Under this rule, any honey that has an official U.S. grade mark must include in its label the country of origin in letters at least the same size and in close proximity to the grade mark. For example, if foreign or domestic honey were labeled U.S. Grade A, then it would have to identify its country or countries of origin. Conversely, if the honey is not officially grade labeled, the country of origin labeling is not necessary whether the honey is domestic or foreign. This discussion has been clarified from that which appeared in the interim rule. AMS believes that under current industry labeling practices, packages of honey that include the official U.S. grade marks, in most cases, also include country of origin labeling. However, country of origin information usually is located on the back of the package. The Act requires that all honey bearing any official USDA mark or statement also bear legibly and permanently in close proximity (such as on the same side(s) or surface(s)) to the certificate, mark, or statement, and in at least a comparable size, the country or countries of origin of the lot or container of honey, preceded by the words “Product of” or other words of similar meaning. Because honey does not require official inspection in order to carry official USDA grade marks and since there are no existing programs that require the official inspection and certification of honey, AMS believes that there will be little, if any, impact on the honey industry or small producers, except if a handler or importer is carrying official marks on their labels beyond the date that this rule is effective and has not reconfigured their labels. AMS believes that product labeling changes normally involve reconfiguring labeling without substantial costs and without having to purchase new equipment. With regard to alternatives to this rule, section 10402 of the 2008 Farm Bill amends the Act, which requires AMS to amend its regulations. Enforcement will be handled by AMS if it receives complaints. All complaints will be turned over to our Compliance and Analysis Program (Compliance) who will investigate the alleged violation. Compliance would then determine the validity of the complaint, and appropriate action would be taken. The Agency has identified some Federal rules that may conceivably be viewed to duplicate or overlap with this rule. Under pre-existing Federal laws and regulations, country of origin labeling is required by the Tariff Act of 1930, 19 U.S.C. 1304(a) and CBP Regulations, 19 CFR part 134. Such requirements are enforced by the U.S. Customs and Border protection

(CPB)as authorized by the Tariff Act of 1930 and CBP regulations (19 U.S.C. 1304(a) and 19 CFR part 134. This law requires that every imported item must be conspicuously and indelibly marked in English to indicate to the ultimate purchaser its country of origin. Summary of Comments AMS received six comments; four commenters were in favor and two opposed the rule. Three commenters requested that a requirement for country of origin and country of process be placed on all containers of honey. The statute provides only for identification of country of origin as previously discussed, when packages of honey bear official USDA marks or statements. Accordingly, these comments were not adopted. One commenter stated that COOL should be required for all other bee products intended to be ingested (including bee pollen, royal jelly, etc.), that are offered for sale in the U.S. including any containers that have been repackaged from bulk containers shipped to or processed in the U.S. However, the country of origin amendment to the 1946 Act is only applicable to packaged honey. Nonetheless, country of origin labeling is required for imported products under the Tariff Act of 1930 and CBP regulations. Accordingly, these comments were not adopted. One commenter requested that added ingredients be included on the labels. The labeling of added ingredients was not included in the 2008 Farm Bill amendment. The U.S. Food and Drug Administration regulates the labeling of food products. ( *See* 21 CFR 101.4.) Accordingly this comment was not adopted. One commenter requested that additional time be granted to allow domestic packers to exhaust current inventories of labels. The commenter stated that packers order labels in large quantities to effect cost savings and estimated that many domestic packers will need at least one year to use up current supplies and that an additional six months would be required for this stock to be sold from retailers' shelves. The new rule also affects packers of domestic honey, who are now required to include country of origin on their labels; formerly, only imported product required a COOL declaration. As stated in the interim rule, the Department provided a 90-day period for packers to exhaust current inventories of labels. The Department believes this is a reasonable amount of time to allow packaged honey bearing any USDA mark or statement already in the chain of commerce to clear the system and allow the honey industry time to reconfigure labels as appropriate. Enforcement will be handled by AMS if it receives complaints. All complaints will be turned over to the AMS Compliance and Analysis Program (Compliance) who will investigate the alleged violation. Compliance will then determine the validity of the complaint and appropriate action to be taken. One commenter asked if the country of origin can be abbreviated on the label. AMS considers generic abbreviations as appropriate if they comply with CBP requirements. AMS has reviewed this rule pursuant to the Paperwork Reduction Act (44 U.S.C. 3501-3520), and has determined that there are no additional information collection requirements imposed by this rule. List of Subjects in 7 CFR Part 52 Food grades and standards, Food labeling, Honey, Miscellaneous products, Debarment of services, Reporting and recordkeeping requirements, Approved identification, Country of origin labeling, and Prohibited uses of approved identification. For the reasons set forth in the preamble, 7 CFR part 52 is amended as follows: PART 52—PROCESSED FRUITS AND VEGETABLES, PROCESSED PRODUCTS THEREOF, AND CERTAIN OTHER PROCESSED FOOD PRODUCTS 1. The authority citation for part 52 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Section 52.54 is revised to read as follows: § 52.54 Debarment of services.

(a)The following acts or practices, or the causing thereof, may be deemed sufficient cause for the debarment, by the Administrator, of any person, including any agents, officers, subsidiaries, or affiliates of such person, from any or all benefits of the Act for a specified period. The Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes set forth in §§ 1.130 through 1.151 of this title and the Supplemental Rules of Practice in part 50 of this chapter shall be applicable to such debarment action.

(1)*Fraud or misrepresentation.* Any misrepresentation or deceptive or fraudulent practice or act found to be made or committed in connection with:

(i)The making or filing of an application for any inspection service;

(ii)The submission of samples for inspection;

(iii)The use of any inspection report or any inspection certificate, or appeal inspection certificate issued under the regulations in this part;

(iv)The use of the words “Packed under continuous inspection of the U.S. Department of Agriculture,” any legend signifying that the product has been officially inspected, any statement of grade or words of similar import in the labeling or advertising of any processed product;

(v)The use of a facsimile form which simulates in whole or in part any official U.S. certificate for the purpose of purporting to evidence the U.S. grade of any processed product.

(2)*Willful violation of the regulations in this subpart.* Willful violation of the provisions of this part of the Act.

(i)Country of origin labeling for packed honey. The use of a label or advertising material on, or in conjunction with, packaged honey that bears any official certificate of quality, grade mark or statement, continuous inspection mark or statement, sampling mark or statement, or any combination of the certificates, marks, or statements of the Department of Agriculture is hereby prohibited unless there appears legibly and permanently in close proximity (such as on the same side(s) or surface(s)) to the certificate, mark, or statement, and in at least a comparable size, the one or more names of the one or more countries of origin of the lot or container of honey, preceded by the words `Product of' or other words of similar meaning.

(A)A violation of the requirements of this section may be deemed by the Secretary to be sufficient cause for debarment from the benefits of the regulations governing inspection and certification only with respect to honey.

(3)*Interfering with an inspector, inspector's aid, or licensed sampler.* Any interference with, obstruction of, or attempted interference with, or attempted obstruction of any inspector, inspector's aide, or licensed sampler in the performance of his duties by intimidation, threat, assault, bribery, or any other means—real or imagined. Dated: December 22, 2010. Rayne Pegg, Administrator, Agricultural Marketing Service. [FR Doc. 2010-33137 Filed 1-3-11; 8:45 am]

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