Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-02-16.xml --- 76 32 Wednesday, February 16, 2011 Contents Agency Agency for International Development PROPOSED RULES Rules on Source, Origin and Nationality for Commodities and Services Financed by USAID, 8961-8962 2011-3401 Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Walnuts Grown in California, 8871-8872 2011-3500 PROPOSED RULES Referendum Orders: Pears Grown in Oregon and Washington;

Continuance, 8917 2011-3501 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-3443 8996-8997 2011-3444 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Distilled Spirits Plant Regulations, 9080-9172 2011-1956 Animal Animal and Plant Health Inspection Service NOTICES Permits:

Importation of Fresh Strawberries from Jordan into the Continental United States, 8997-8998 2011-3445 Army Army Department See Engineers Corps Bureau of Ocean Energy Management, Regulation and Enforcement PROPOSED RULES Renewable Energy Alternate Uses of Existing Facilities on Outer Continental Shelf: Acquire Lease Noncompetitively, 8962-8965 2011-3515 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Health Statistics;

Correction, 9019 2011-3533 Coordination and Maintenance Committee, 9018-9019 2011-3542 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 9018, 9020 2011-3525 2011-3529 2011-3531 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9020 2011-3415 Civil Rights Civil Rights Commission NOTICES Meetings: Idaho Advisory Committee, 8999-9000 2011-3478 Kentucky Advisory Committee, 8999 2011-3485 Maryland Advisory Committee, 8999 2011-3477 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration NOTICES Draft DOC National Aquaculture Policy, 9210-9211 2011-3427 Consumer Product Consumer Product Safety Commission PROPOSED RULES Poison Prevention Packaging Requirements:

Proposed Exemption of Powder Formulations of Colesevelam Hydrochloride and Sevelamer Carbonate, 8942-8945 2011-3437 Defense Department Defense Department See Engineers Corps See Navy Department PROPOSED RULES Federal Acquisition Regulations: Updated Financial Accounting Standards Board Accounting References, 8989-8990 2011-3354 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-3488 9003-9004 2011-3489 Setting Achievement Levels in Writing, 9004-9005 2011-3438 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Proposal to Reissue and Modify Nationwide Permits, 9174-9207 2011-3371 Environmental Protection Environmental Protection Agency RULES Exemption from the Requirement of a Tolerance:

Polymerized Fatty Acid Esters with Aminoalcohol Alkoxylates, 8895-8900 2011-3400 NOTICES Access to Confidential Business Information by Electronic Consulting Services, Inc., 9012-9013 2011-3526 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Detergent Gasoline, 9013-9015 2011-3516 Meetings: Local Government Advisory Committee, 9015 2011-3518 Farm Service Farm Service Agency NOTICES Meetings: Dairy Industry Advisory Committee, 8998 2011-3496 Federal Aviation Federal Aviation Administration RULES Removal of Expired Federal Aviation Administration Regulations and References, 8892-8894 2011-3467 PROPOSED RULES Airworthiness Directives:

DASSAULT AVIATION Model MYSTERE FALCON 50 Airplanes, 8919-8921 2011-3532 Explosive Siting Requirements, 8923-8939 2011-3487 Modification of Class E Airspace: Poplar, MT, 8921-8922 2011-3413 Special Conditions: Gulfstream Model GVI Airplane; Automatic Speed Protection for Design Dive Speed, 8917-8919 2011-3412 NOTICES Petitions for Exemptions; Summaries of Petitions Received, 9073 2011-3463 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 8900-8906 2011-3423 2011-3511 Final Flood Elevation Determinations, 8906-8916 2011-3418 PROPOSED RULES Flood Elevation Determinations, 8965-8989 2011-3420 2011-3505 2011-3508 2011-3509 NOTICES Emergencies and Related Determinations:

Missouri, 9038-9039 2011-3431 Emergency Declarations: Missouri; Amendment No. 1, 9039 2011-3429 Emergency Responder Field Operations Guide, 9039 2011-3419 Major Disaster and Related Determinations: Maine, 9040 2011-3425 New Jersey, 9041 2011-3426 Oklahoma, 9040-9041 2011-3428 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: David Creasey, 9005-9007 2011-3458 Combined Filings, 9007-9012 2011-3453 2011-3454 2011-3455 Filings: DCP Intrastate Network, LLC, 9012 2011-3456 Thomas G.

Favinger, 9012 2011-3457 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licenses; Applicants, 9015-9016 2011-3507 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Hours of Service of Drivers; Correction, 8990-8992 2011-3267 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 9016-9017 2011-3499 Fish Fish and Wildlife Service NOTICES Environmental Assessments;

Availability, etc.: Ridgefield National Wildlife Refuge, Clark County, WA, 9047-9049 2011-3540 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Records; Electronic Signature, 9024-9025 2011-3465 Format and Content Requirements for Over-the-Counter Drug Product Labeling, 9022-9023 2011-3475 Good Laboratory Practice Regulations for Nonclinical Studies, 9025-9026 2011-3464 Guidance on Consultation Procedures;

Foods Derived From New Plant Varieties, 9020-9022 2011-3476 Importer's Entry Notice, 9023-9024 2011-3466 Draft Guidance for Industry and Food and Drug Administration Staff; Availability: Best Practices for Conducting and Reporting Pharmacoepidemiologic Safety Studies Using Electronic Healthcare Data Sets, 9027-9028 2011-3474 Guidance for Industry; Availability: Potency Tests for Cellular and Gene Therapy Products, 9028 2011-3462 Training Program for Regulatory Project Managers;

Industry Availability, 9028-9029 2011-3461 Foreign Assets Foreign Assets Control Office NOTICES Designation of Two Individuals Pursuant to Executive Order 13224, 9073-9074 2011-3498 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion of Manufacturing Authority: Foreign-Trade Zone 29, Louisville, KY; Subzone 29 F, Hitachi Automotive Systems Americas, Inc., 9000 2011-3539 Forest Forest Service NOTICES Meetings: Amador County Resource Advisory Committee, 8998-8999 2011-3535 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations:

Updated Financial Accounting Standards Board Accounting References, 8989-8990 2011-3354 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 See Substance Abuse and Mental Health Services Administration PROPOSED RULES National Vaccine Injury Compensation Program: Revisions to Vaccine Injury Table, 8965 2011-3523 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9017-9018 2011-3442 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9029-9030 2011-3528 Meetings: Advisory Commission on Childhood Vaccines, 9030 2011-3527 Homeland Homeland Security Department See Federal Emergency Management Agency See Transportation Security Administration NOTICES Privacy Act; Systems of Records, 9034-9038 2011-3490 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for HUD/FHA Insured Mortgage, HOPE for Homeowners, 9043 2011-3510 Certification and Funding of State and Local Fair Housing Enforcement Agencies, 9045-9046 2011-3517 Consolidated Plan and Annual Performance Report, 9044-9045 2011-3519 Request for Prepayment of Section 202 or 202/8 Project, 9043-9044 2011-3512 Industry Industry and Security Bureau NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 9001 2011-3503 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Non-use Valuation Survey, Klamath Basin, 9046-9047 2011-3506 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9074-9078 2011-3430 2011-3435 2011-3436 Justice Department Justice Department NOTICES Lodging Of Consent Decree Under The Clean Air Act: United States v. CEMEX, Inc. and CEMEX Construction Materials Atlantic, LLC, 9052 2011-3473 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Unemployment Insurance Facilitation of Claimant Reemployment Report, 9052-9054 2011-3469 Land Land Management Bureau NOTICES Filing of Plats of Survey: Montana, 9049 2011-3544 Meetings: Eastern Montana Resource Advisory Council, 9049 2011-3545 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Updated Financial Accounting Standards Board Accounting References, 8989-8990 2011-3354 National Institute National Institutes of Health NOTICES Meetings:

National Human Genome Research Institute, 9031 2011-3482 National Institute Of Allergy And Infectious Diseases, 9030-9031 2011-3483 National Institute Of Arthritis And Musculoskeletal And Skin Diseases, 9031 2011-3481 National Institute on Deafness and Other Communication Disorders, 9031-9032 2011-3479 National Library of Medicine, 9031 2011-3480 National Oceanic National Oceanic and Atmospheric Administration NOTICES Availability of Seat for the Gulf of the Farallones National Marine Sanctuary Advisory Council, 9001 2011-3452 Draft NOAA National Aquaculture Policy, 9210 2011-3424 Meetings:

Pacific Fishery Management Council, 9001-9003 2011-3472 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, 9049-9051 2011-3520 Inventory Completions: Washington State Department of Natural Resources, Olympia, WA, et al.; Correction, 9051-9052 2011-3522 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 9054 2011-3585 Navy Navy Department RULES Certifications and Exemptions under International Regulations for Preventing Collisions at Sea, 1972, 8894-8895 2011-3530 Nuclear Regulatory Nuclear Regulatory Commission RULES License and Certificate of Compliance Terms, 8872-8892 2011-3493 NOTICES Environmental Impact Statements;

Availability, etc.: AREVA Enrichment Services LLC, Proposed Eagle Rock Enrichment Facility in Bonneville County, ID, 9054-9055 2011-3495 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product, 9055-9056 2011-3468 Post Office Closing, 9056-9057 2011-3414 Securities Securities and Exchange Commission PROPOSED RULES Security Ratings, 8946-8961 2011-3259 NOTICES Applications: Capital International, Inc., et al., 9057-9062 2011-3494 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Board Options Exchange, Inc, 9064-9065 2011-3417 Depository Trust Co., 9070-9071 2011-3471 Financial Industry Regulatory Authority, Inc., 9062-9064 2011-3416 NASDAQ OMX PHLX LLC, 9067-9070 2011-3422 NYSE Arca, Inc., 9065-9067 2011-3441 State Department State Department NOTICES Meetings: Advisory Committee on Historical Diplomatic Documentation, 9071-9072 2011-3521 Advisory Committee on Private International Law, 9072 2011-3524 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9032-9034 2011-3484 2011-3486 Surface Transportation Surface Transportation Board PROPOSED RULES National Trails System Act and Railroad Rights-of-Way, 8992-8995 2011-3397 NOTICES Release of Waybill Data, 9073 2011-3411 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 9072-9073 2011-3657 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board See Transportation Security Administration PROPOSED RULES Regulatory Review of Existing DOT Regulations, 8940-8942 2011-3492 Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Security Program for Hazardous Materials Motor Carriers and Shippers, 9041-9043 2011-3543 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II Treasury Department, Alcohol and Tobacco Tax and Trade Bureau, 9080-9172 2011-1956 Part III Defense Department, Engineers Corps, 9174-9207 2011-3371 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 9210 2011-3424 Commerce Department, 9210-9211 2011-3427 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 32 Wednesday, February 16, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 984 [Doc. No. AMS-FV-10-0060; FV10-984-1 FIR] Walnuts Grown in California; Decreased 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 decreased the assessment rate established for the California Walnut Board (Board) for the 2010-11 and subsequent marketing years from $0.0177 to $0.0174 per kernelweight pound of assessable walnuts. The Board locally administers the marketing order that regulates the handling of walnuts grown in California. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* Effective February 17, 2011. FOR FURTHER INFORMATION CONTACT: Jeff Smutny, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; *Telephone:*

(559)487-5901, *Fax:*

(559)487-5906, or *E-mail: Jeffrey.Smutny@ams.usda.gov* or *Kurt.Kimmel@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/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. 984, as amended (7 CFR part 984), regulating the handling of walnuts grown in California, 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, California walnut 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 walnuts for the entire marketing year, and continue until amended, suspended, or terminated. The marketing year begins on September 1 and ends on August 31. In an interim rule published in the **Federal Register** on September 15, 2010, and effective on September 16, 2010 (75 FR 55944, Doc. No. AMS-FV-10-0060; FV 10-984-1 IR), § 984.347 was amended by decreasing the assessment rate established for the Board for the 2010-11 and subsequent marketing years from $0.0177 to $0.0174 per kernelweight pound of assessable walnuts. The decrease in assessment rate was possible due to an expected increase in the quantity of assessable walnuts in the 2010-2011 marketing year. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

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

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and 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 4,500 growers of California walnuts in the production area and approximately 58 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration

(SBA)(13 CFR 121.201) as those having annual receipts of less than $750,000. Small agricultural service firms are defined as those whose annual receipts are less than $7,000,000. USDA's National Agricultural Statistics Service

(NASS)reports that the average yield for the 2009-10 crop was 1.96 tons per acre and the value of the 2009-10 crop was $1,690 per ton. Approximately 90 percent of California's walnut farms are smaller than 100 acres. A 100-acre farm with an average yield would have produced about 196 tons of walnuts during 2009-10. At $1,690 per ton, that farm's production would have had an approximate value of $331,240. Based on these numbers, the majority of growers had receipts of less than $750,000. According to information supplied by the industry, approximately two-thirds of California's walnut handlers shipped merchantable walnuts valued under $7,000,000 during the 2009-10 marketing year. Therefore, the majority of California's walnut growers and handlers could be considered small entities according to SBA's definition. This rule continues in effect the action that decreased the assessment rate established for the Board and collected from handlers for the 2010-11 and subsequent marketing years from $0.0177 to $0.0174 per kernelweight pound of assessable walnuts. The Board unanimously recommended 2010-11 expenditures of $6,812,100 and an assessment rate of $0.0174 per kernelweight pound of assessable walnuts, which is $0.0003 lower than the rate previously in effect. The quantity of assessable walnuts for the 2010-11 marketing year is estimated at 391,500,000 kernelweight pounds. Thus, the $0.0174 rate should provide $6,812,100 in assessment income and be adequate to cover budgeted expenses. Major budget expenditures recommended by the Board for the 2010-11 marketing year include: $4,400,000 for domestic market development, $1,042,000 for production research, $577,500 for employee expenses, and $118,850 for office expenses. Budgeted expenses for these items in 2009-2010 were $4,030,500, $725,000, $535,000, and $123,750, respectively. The Board recommended decreasing the assessment rate due to an expected increase in the quantity of assessable walnuts in the 2010-11 marketing year. Prior to arriving at this budget, the Board considered alternative expenditure levels but ultimately decided that the recommended levels were reasonable to properly administer the order. The assessment rate of $0.0174 per kernelweight pound of assessable walnuts was derived by dividing anticipated expenses of $6,812,100 by expected 2010-11 shipments of California walnuts. Merchantable shipments for the year are estimated at 391,500,000 kernelweight pounds, which should provide $6,812,100 in assessment income and allow the Board to cover its expenses. Unexpended funds may be retained in a financial reserve, provided that funds in the financial reserve do not exceed approximately two years' budgeted expenses. If not retained in a financial reserve, unexpended funds may be used temporarily to defray expenses of the subsequent marketing year, but must be made available to the handlers from whom they were collected within five months after the end of the year, according to § 984.69 of the order. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2010-2011 season could range between $1.42 and $1.88 per kernelweight pound of assessable walnuts. Therefore, the estimated assessment revenue for the 2010-2011 season as a percentage of total grower revenue could range between 0.9 and 1.2 percent. This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the cost savings may be passed on to growers. The Board's meeting was widely publicized throughout the California walnut industry, and all interested persons were invited to attend the meeting and participate in Board deliberations on all issues. Like all Board meetings, the June 11, 2010, meeting was a public meeting, and all entities, both large and small, were able to express their views on this issue. This rule imposes no additional reporting or recordkeeping requirements on either small or large California walnut 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=0900006480b4f686.* 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 55944, September 15, 2010) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 984 Marketing agreements, Nuts, Reporting and recordkeeping requirements, Walnuts. PART 984—WALNUTS GROWN IN CALIFORNIA Accordingly, the interim rule amending 7 CFR part 984, which was published at 75 FR 55944 on September 15, 2010, is adopted as a final rule, without change. Dated: February 10, 2011. Rayne Pegg, Administrator, Agricultural Marketing Service. [FR Doc. 2011-3500 Filed 2-15-11; 8:45 am]

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