Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-02-09.xml --- 76 27 Wednesday, February 9, 2011 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7145-7146 2011-2669 Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rate: Avocados Grown in South Florida, 7095-7096 2011-2888 Minimum Quality and Handling Standards for Domestic and Imported Peanuts Marketed in the United States, 7096-7098 2011-2879 PROPOSED RULES Increased Assessment Rate:

Grapes Grown in Designated Area of Southeastern California, 7119-7121 2011-2875 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7146 2011-2893 Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Commercial Wind Lease Issuance and Site Characterization Activities: Atlantic Outer Continental Shelf Offshore NJ, DE, MD, and VA, 7226-7228 2011-2774 Environmental Impact Statements;

Availability, etc.: Outer Continental Shelf, Western and Central Planning Areas of Gulf of Mexico, etc. and Scoping Meetings, 7228-7229 2011-2821 Outer Continental Shelf Oil and Gas Lease Sales, 7230 2011-2791 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7216-7217 2011-2817 Charter Renewals: Board of Scientific Counselors, National Center for Health Statistics, 7217 2011-2820 Meetings:

Board of Scientific Counselors, National Center for Injury Prevention and Control, 7217-7218 2011-2818 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 7217 2011-2819 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7218-7219 2011-2798 2011-2799 Civil Rights Civil Rights Commission NOTICES Meetings: Iowa Advisory Committee, 7148 2011-2889 Coast Guard Coast Guard RULES Quarterly Listings:

Safety Zones, Security Zones, Special Local Regulations, Drawbridge Operation Regulations and Regulated Navigation Areas, 7107-7114 2011-2835 PROPOSED RULES Drawbridge Operation Regulations: Mantua Creek, Paulsboro, NJ; Withdrawal, 7131 2011-2898 Eleventh Coast Guard District Annual Marine Events, 7123-7131 2011-2861 Safety Zones: Eleventh Coast Guard District Annual Fireworks Events, 7131-7142 2011-2863 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances;

Registrations: Chattem Chemicals, Inc., Chattanooga, TN, 7233-7234 2011-2829 Johnson Matthey, Inc., Pharmaceutical Materials, West Deptford, NJ, 7234 2011-2828 Manufacturers of Controlled Substances; Registrations: Noramco, Inc., Wilmington, DE, 7234 2011-2826 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Revolving Loan Fund Reporting and Compliance Requirements, 7148-7149 2011-2894 Petitions for Determination of Eligibility to Apply for Trade Adjustment Assistance, 7149-7150 2011-2838 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7175 2011-2885 Applications for Fiscal Year 2011 Awards: Native Hawaiian Education Program, 7175-7181 2011-2897 Meetings: Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities, 7181-7182 2011-2833 National Assessment Governing Board, 7182-7183 2011-2902 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans:

Alaska: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule, 7116-7117 2011-2776 PROPOSED RULES Revisions to the California State Implementation Plan: Imperial County Air Pollution Control District, 7142-7144 2011-2862 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NESHAP for Benzene Emissions from Benzene Storage Vessels and Coke By-Product Recovery Plants, 7192-7193 2011-2877 NSPS for Onshore Natural Gas Processing Plants, 7193-7194 2011-2870 NSPS for Stationary Spark Ignition Internal Combustion Engines, 7191-7192 2011-2880 NSPS for VOC Emissions From Petroleum Refinery Wastewater Systems, 7189-7191 2011-2868 California State Nonroad Engine Pollution Control Standards:

Request for Authorization of Airborne Toxic Control Measure for In-Use Portable Diesel Engines 50 Horsepower and Greater; etc, 7196-7198 2011-2855 Request for Authorization of Portable Equipment Registration Program; Opportunity for Public Hearing, 7194-7196 2011-2852 Meetings: Science Advisory Board Panel for the Review of the Hydraulic Fracturing Study Plan, 7199-7200 2011-2873 Science Advisory Board Work Group, 7198-7199 2011-2876 Receipt of Requests to Voluntarily Amend Registrations to Terminate Certain Soil Uses:

Methyl Bromide, 7200-7203 2011-2872 Withdrawal of Adequacy of Motor Vehicle Emissions Budget: Maricopa County (Phoenix) PM-10 Nonattainment Area, AZ, 7204 2011-2856 Executive Office of the President See Presidential Documents Farm Credit Farm Credit Administration NOTICES Privacy Act; Systems of Records, 7204-7206 2011-2840 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Hamilton Sundstrand Propellers Model 247F Propellers, 7101-7102 2011-2758 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7206-7207 2011-2786 2011-2787 Petitions for Reconsideration of Action in Rulemaking Proceeding, 7208 2011-2903 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 7208 2011-3025 Update Listings of Financial Institutions in Liquidation: Financial Institutions for which FDIC has been Appointed Receiver, Liquidator, or Manager, 2011-2824 7208-7209 2011-2825 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

FirstEnergy Generation Corp.; Seneca Nation of Indians, 7185-7186 2011-2809 Verdant Power, LLC, 7183-7184 2011-2803 Baseline Filings: Hill-Lake Gas Storage, LLC, 7186 2011-2813 Complaints: TGP Development Co., LLC v. California Independent System Operator Corp., 7186-7187 2011-2810 Environmental Assessments; Availability, etc.: East Texas Electric Coop., Inc., Texas, 7187 2011-2804 Institution of Section 206 Proceeding and Refund Effective Date: California Independent System Operator Corp., 7187 2011-2805 Meetings:

Reliability Technical Conference Panel; Priorities for Addressing Risks to Reliability of Bulk-Power System, 7187-7188 2011-2806 Tennessee Gas Pipeline Co.; Postponing Technical Conference, 7188 2011-2812 Requests under Blanket Authorization: Dominion Transmission, Inc., 7189 2011-2808 Trunkline Gas Co., LLC, 7189 2011-2807 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 7209 2011-2842 Ocean Transportation Intermediary Licenses; Applicants:, 7209-7210 2011-2847 Ocean Transportation Intermediary Licenses;

Reissuances, 7210 2011-2843 Ocean Transportation Intermediary Licenses; Revocations:, 7210 2011-2844 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 7210-7211 2011-2864 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 7211 2011-2865 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7211-7213 2011-2904 Proposed Consent Agreements:

ACRAnet, Inc., SettlementOne Credit Corp. et al.; Analysis of Proposed Consent Orders to Aid Public Comment, 7213-7216 2011-2790 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Revised Critical Habitat for the Arroyo Toad, 7246-7467 2011-1703 Food and Drug Food and Drug Administration RULES Food Additives Permitted in Feed and Drinking Water of Animals: Formic Acid, 7106-7107 2011-2789 NOTICES Determination the Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness:

DECASPRAY (Dexamethasone) Topical Aerosol, and AEROSEB-DEX (Dexamethasone) Topical Aerosol, 7219-7220 2011-2890 Medical Device Innovation Initiative, 7220-7221 2011-2916 Meetings: Medical Device Innovation Initiative, 7222-7223 2011-2915 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Report of Supplemental Nutrition Assistance Program Benefit Issuance, etc., 7146-7148 2011-2891 Foreign Assets Foreign Assets Control Office NOTICES Additional Designation of Entities Pursuant to Executive Order 13382, 7241-7242 2011-2887 Forest Forest Service NOTICES Meetings:

Siskiyou Resource Advisory Committee, 7148 2011-2831 Health and Human Health and Human Services Department 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 NOTICES Statement of Organization, Functions, and Delegations of Authority: National Institutes of Health, 7216 2011-2848 Health Resources Health Resources and Services Administration NOTICES Meetings:

Advisory Committee on Organ Transplantation, 7223-7224 2011-2839 Homeland Homeland Security Department See Coast Guard Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Mississippi Band of Choctaw Casino, Jackson County, MS; Cancellation, 7230 2011-2822 Industry Industry and Security Bureau RULES Simplified Network Application Processing System: On-line Registration and Account Maintenance, 7102-7106 2011-2760 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 Final Results of Expedited Sunset Review of the Antidumping Duty Order:

Glycine from the People's Republic of China, 7150 2011-2883 Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders: Certain Carbon Steel Butt-Weld Pipe Fittings From Brazil, Japan, Taiwan, Thailand, and the People's Republic of China, 7151-7152 2011-2884 ICT Trade Mission to Saudi Arabia: Application Deadline Extended, 7152 2011-2800 Secretarial Business Development Mission: Transportation Infrastructure/Multimodal Products and Services to Qatar and United Arab Emirates, 7153-7155 2011-2802 Justice Department Justice Department See Drug Enforcement Administration See Parole Commission NOTICES Guidance Concerning Redistricting under Section 5 of the Voting Rights Act, 7470-7473 2011-2797 Land Land Management Bureau NOTICES Meetings:

Boise District Resource Advisory Council, 7230 2011-2849 Coeur d'Alene District Resource Advisory Council, Idaho, 7230-7231 2011-2846 Wild Horse and Burro Advisory Board, 7231-7232 2011-2788 NASA National Aeronautics and Space Administration NOTICES Meetings: Planetary Science Subcommittee, Science Committee, NASA Advisory Council, 7235 2011-2792 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 7225-7226 2011-2850 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 7224 2011-2858 National Institute of Environmental Health Sciences, 7225 2011-2851 National Institute of Mental Health, 7224-7225 2011-2853 Office of the Director, 7224 2011-2857 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic:

Coastal Migratory Pelagic Resources of Gulf of Mexico and South Atlantic; Closure, 7118 2011-2895 NOTICES Atlantic Highly Migratory Species: Billfish and Swordfish Catch Card Pilot Program for Puerto Rico, 7155-7156 2011-2899 Taking of Marine Mammals Incidental to Specified Activities: Construction of East Span of San Francisco-Oakland Bay Bridge, 7156-7162 2011-2892 National Park National Park Service NOTICES Inventory Completions: Dinosaur National Monument, Dinosaur, CO, 7232-7233 2011-2793 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Proposed Revision 1 to Standard Review Plan Section on General Administrative Procedures, 7235-7236 2011-2881 Parole Parole Commission NOTICES Meetings;

Sunshine Act, 7234 2011-2670 Patent Patent and Trademark Office NOTICES Supplementary Examination Guidelines: Determining Compliance with 35 U.S.C. Section 112 and for Treatment of Related Issues in Patent Applications, 7162-7175 2011-2841 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Dangers of Abnormal Snow and Ice Build-Up on Gas Distribution Systems, 7238-7239 2011-2837 Postal Service Postal Service RULES International Mail: Mailing Services Price Change, 7114-7116 2011-2794 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Government Agencies and Employees:

National Defense Authorization Act, Fiscal Year 2010; delegation of authorities to Secretaries of Defense and Energy (Memorandum of February 7, 2011), 7475-7477 2011-3053 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Stock Clearing Corp. of Philadelphia; Boston Stock Exchange Clearing Corp., 7236-7238 2011-2795 Small Business Small Business Administration RULES Dealer Floor Plan Pilot Program, 7098-7101 2011-2836 Surface Transportation Surface Transportation Board NOTICES Trackage Rights Exemption:

Elkhart and Western Railroad Co.; Fulton County, LLC, 7239 2011-2816 Thrift Supervision Thrift Supervision Office NOTICES Privacy Act; Systems of Records, 7242-7244 2011-2867 2011-2886 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office See Thrift Supervision Office PROPOSED RULES Privacy Act of 1974;

Proposed Implementation, 7121-7123 2011-2869 NOTICES Privacy Act; Systems of Records, 7239-7241 2011-2871 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 7246-7467 2011-1703 Part III Justice Department, 7470-7473 2011-2797 Part IV Presidential Documents, 7475-7477 2011-3053 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 27 Wednesday, February 9, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 915 [Doc. No. AMS-FV-10-0067; FV10-915-1 FIR] Avocados Grown in South Florida; Increased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: The Department of Agriculture

(USDA)is adopting, as a final rule, without change, an interim rule that increased the assessment rate established for the Avocado Administrative Committee (Committee), for the 2010-11 and subsequent fiscal periods from $0.27 to $0.37 per 55-pound bushel container of Florida avocados handled. The Committee locally administers the marketing order which regulates the handling of avocados grown in South Florida. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* Effective February 10, 2011. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Manager, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:

(863)324-3375, Fax:

(863)325-8793, or E-mail: *Doris.Jamieson@ams.usda.gov* or *Christian.Nissen@ams.usda.gov.* Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: *http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide;* or 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 Order No. 915, as amended (7 CFR part 915), regulating the handling of avocados grown in South Florida, 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.” USDA is issuing this rule in conformance with Executive Order 12866. Under the order, Florida avocado handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable avocados for the entire fiscal period, and continue indefinitely until amended, suspended, or terminated. The Committee's fiscal period begins on April 1, and ends on March 31. In an interim rule published in the **Federal Register** on September 15, 2010, and effective on September 16, 2010 (75 FR 55942, Doc. No. AMS-FV-10-0067; FV10-915-1 IR), § 915.235 was amended by increasing the assessment rate established for the Committee for the 2010-11 and subsequent fiscal periods from $0.27 to $0.37 per 55-pound container or equivalent of Florida avocados. The increase in the per-unit assessment rate was necessary to fund research to find an insecticide that will kill or control the Red Bay Ambrosia beetle. 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 rule 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 the 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 30 handlers of Florida avocados subject to regulation under the order and approximately 300 producers of avocados in the production area. Small agricultural service firms, which include avocado handlers, are defined by the Small Business Administration

(SBA)as those whose annual receipts are less than $7,000,000, and small agricultural producers are defined as those having annual receipts less than $750,000 (13 CFR 121.201). According to Committee data and information from the National Agricultural Statistical Service, the average price for Florida avocados during the 2009-10 season was around $16.50 per 55-pound bushel container and total shipments were near 900,000 55-pound bushels. Using the average price and shipment information provided by the Committee, the majority of avocado handlers could be considered small businesses under SBA's definition. In addition, based on avocado production, producer prices, and the total number of Florida avocado producers, the average annual producer revenue is less than $750,000. Consequently, the majority of avocado handlers and producers may be classified as small entities. This rule continues in effect the action that increased the assessment rate established for the Committee and collected from handlers for the 2010-11 and subsequent fiscal periods from $0.27 to $0.37 per 55-pound bushel container of Florida avocados. The Committee unanimously recommended 2010-11 expenditures of $351,502 and an assessment rate of $0.37 per 55-pound bushel container. The assessment rate of $0.37 is $0.10 higher than the 2009-10 rate. The quantity of assessable Florida avocados for the 2010-11 season is estimated at 1,000,000. Thus, the $0.37 rate should provide $370,000 in assessment income and be adequate to meet this year's expenses. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve fund will be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2010-11 year include $110,000 for research, $98,732 for salaries, $48,000 for employee benefits, and $25,300 for insurance and bonds. Budgeted expenses for these items in 2009-10 were $25,000, $94,030, $48,000, and $25,300, respectively. The increase in assessment rate is needed to fund research to find an insecticide that will kill or control the Red Bay Ambrosia beetle. The beetle carries the Laurel Wilt fungus which can infect and kill avocado trees. Research into the beetle and fungus had been funded by the University of Florida. However, the Committee was informed that funding ceased on August 1, 2010. Without funding, researchers would have been unable to continue testing to determine which insecticides work best to kill/control the beetle and at what application rate. The Committee believes it is essential for the industry that the research continues. Therefore, they voted to increase the assessment rate to provide the additional research money. Prior to arriving at this budget, alternative expenditure levels were discussed based upon the relative value of various research projects to the Florida avocado industry. The assessment rate of $0.37 per 55-pound bushel container of assessable Florida avocados was then determined by dividing the total recommended budget by the quantity of assessable avocados, estimated at 1,000,000 55-pound bushel containers for the 2010-11 season. Considering income from assessments and interest, total income will be approximately $18,400 above the anticipated expenses, which the Committee determined to be acceptable. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2010-11 season could range between $9.00 and $66.00 per 55-pound bushel container of avocados. Therefore, the estimated assessment revenue for the 2010-11 season as a percentage of total grower revenue could range between .6 and 4 percent. This rule continues in effect the action that increased 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 are offset by the benefits derived by the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the Florida avocado industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the July 22, 2010, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This action imposes no additional reporting or recordkeeping requirements on either small or large Florida avocado 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Comments on the interim rule were required to be received on or before November 15, 2010. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to *http://www.regulations.gov/search/Regs/home.html#documentDetail?R=0900006480b4f5ec.* This action also affirms information contained in the interim rule concerning the Executive Orders 12866 and 12988, the Paperwork Reduction Act (44 U.S.C. chapter 35), and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the **Federal Register** (75 FR 55942, September 15, 2010) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 915 Avocados, Reporting and recordkeeping requirements. PART 915—AVOCADOS GROWN IN SOUTH FLORIDA Accordingly, the interim rule amending 7 CFR part 915, which was published at 75 FR 55942 on September 15, 2010, is adopted as a final rule, without change. Dated: February 3, 2011. David R. Shipman, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2011-2888 Filed 2-8-11; 8:45 am]

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