Unknown. Interim rule with request for comments

4,785 words·~22 min read·/register/2011/04/01/2011-7753·

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-2011-04-01.xml --- 76 63 Friday, April 1, 2011 Contents Administrative Conference of the United States NOTICES Meetings: Committees on Administration and Management, Collaborative Governance, and Judicial Review, 18144 2011-7750 Agricultural Marketing Agricultural Marketing Service RULES Irish Potatoes Grown in Washington; Decreased Assessment Rate, 18001-18003 2011-7753 Raisins Produced From Grapes Grown in California;

Increased Assessment Rate, 18003-18007 2011-7759 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18147-18148 2011-7757 Nominations for Members of National Organic Standards Board, 18148-18149 2011-7755 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18144-18145 2011-7647 Privacy Act;

Systems of Records, 18145-18147 2011-7724 Army Army Department NOTICES Patent Application Deadline: Advanced Battery Technology Related Patents for Exclusive, Partially Exclusive, or Non-Exclusive Licenses, etc., 18194-18195 2011-7738 Privacy Act; Systems of Records, 18195-18198 2011-7702 2011-7693 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Bureau of Ocean Energy Management, Regulation and Enforcement NOTICES Meetings:

Ocean Energy Safety Advisory Committee, 18232 2011-7650 Centers Disease Centers for Disease Control and Prevention NOTICES Advisory Council for the Elimination of Tuberculosis Charter Renewal, 18220 2011-7754 Meetings: Board of Scientific Counselors, Office of Public Health Preparedness and Response, 18221 2011-7749 Safety and Occupational Health Study Section, National Institute for Occupational Safety and Health, 18220-18221 2011-7752 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18221-18223 2011-7742 2011-7746 2011-7747 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18223-18224 2011-7667 Awards: Regents of University of Michigan, Anne Arbor, MI, 18224-18225 2011-7648 Proposed Funding Opportunities: Special Initiative Concerning Assets for Independence Program, 18225-18226 2011-7649 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 18188-18189 2011-7710 2011-7711 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 18189-18190 2011-7965 2011-7973 Defense Department Defense Department See Army Department RULES Federal Acquisition Regulation; Government Property Disposal; Forms; CFR Correction, 18072 2011-7810 Federal Acquisition Regulations: Clarification of Standard Form 26 - Award/Contract, 18322-18324 2011-7369 Federal Acquisition Circular 2005-51;

Introduction, 18304 2011-7367 Federal Acquisition Circular 2005-51; Small Entity Compliance Guide, 18324 2011-7370 Women-Owned Small Business Program, 18304-18322 2011-7368 NOTICES Meetings: Defense Business Board, 18190-18191 2011-7700 Historical Advisory Committee, 18190 2011-7699 Privacy Act; Systems of Records, 18191-18193 2011-7701 Renewal of Department of Defense Federal Advisory Committees, 18193-18194 2011-7698 Termination of Department of Defense Federal Advisory Committee, 18194 2011-7696 Education Education Department NOTICES Applications for New Awards:

Asian American and Native American Pacific Islander-Serving Institutions Program, 18202-18208 2011-7803 European Union-United States Atlantis Program, 18198-18202 2011-7777 Employee Benefits Employee Benefits Security Administration NOTICES Amendment to Prohibited Transaction Exemption 96-23 for Plan Asset Transactions Determined by In-House Asset Managers, 18255-18259 2011-7655 Employment and Training Employment and Training Administration NOTICES Change in Status of an Extended Benefit Period for Michigan, 18259 2011-7659 Delaware Triggering “on” Tier Four of Emergency Unemployment Compensation 2008 (EUC08), 18259-18260 2011-7658 Tier Four of Emergency Unemployment Compensation 2008;

Pennsylvania, 18260 2011-7657 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program for Consumer Products: Test Procedures for Residential Central Air Conditioners and Heat Pumps, 18105-18127 2011-7437 Energy Conservation Standards for Metal Halide Lamp Fixtures: Public Meeting and Availability of Preliminary Technical Support Document, 18127-18130 2011-7585 NOTICES Meetings: Secretary of Energy Advisory Board, 18208-18209 2011-7737 Environmental Protection Environmental Protection Agency RULES Approvals of Authority for Hazardous Air Pollutants:

California; Perchloroethylene Air Emission Standards from Dry Cleaning Facilities, 18064-18066 2011-7603 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of Norwood PCBs Superfund Site, 18066-18072 2011-7775 Procedures for Transportation Workplace Drug and Alcohol Testing Programs; CFR Correction, 18072-18073 2011-7828 Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program; CFR Correction, 18066 2011-7822 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List: Deletion of Norwood PCBs Superfund Site, 18136-18137 2011-7776 NOTICES Environmental Impact Statements; Availability, etc.: Weekly Receipt, 18217-18218 2011-7791 Waivers from Buy American Requirement of the American Recovery and Reinvestment Act of 2009 Salt Lake City, UT, 18218-18219 2011-7786 Executive Office of the President See Management and Budget Office Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Model A340-200 and -300 Series Airplanes, 18038-18040 2011-7220 Boeing Co.

Model DC-9-14, DC-9-15, and DC-9-15F Airplanes; and DC-9-20, DC-9-30, DC-9-40, and DC-9-50 Series Airplanes, 18022-18024 2011-6633 Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 18024-18029 2011-6630 DASSAULT AVIATION Model MYSTERE FALCON 50 Airplanes, 18031-18033 2011-7427 Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 4000 Airplanes, 18029-18031 2011-7202 Piper Aircraft, Inc., Models PA-46-310P, PA-46-350P, and PA-46R-350T Airplanes, 18033-18038 2011-7569 Sicma Aero Seat 9140, 9166, 9173, etc., Series Passenger Seat Assemblies, 18020-18022 2011-6628 Amendment of Class E Airspace:

West Yellowstone, MT, 18040-18041 2011-7600 Establishment of Class E Airspace: Kahului, HI, 18041-18042 2011-7601 PROPOSED RULES Special Conditions: Turbomeca Arriel 2D Turboshaft Engine, 18130-18132 2011-7598 NOTICES Receipt of Noise Compatibility Program and Request for Review: Kissimmee Gateway Airport, Kissimmee, FL, 18294 2011-7813 Federal Communications Federal Communications Commission PROPOSED RULES Amendment of Schedule of Application Fee, 18137-18138 2011-7475 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 18219 2011-7868 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18209-18210 2011-7680 Applications: Symbiotics, LLC, 18211-18212 2011-7683 Texas Eastern Transmission, LP, 18210-18211 2011-7676 Complaints: E.ON Climate and Renewables North America, LLC, et al. v. Midwest ISO, Inc., 18212 2011-7679 Environmental Assessments; Availability, etc.: FPL Energy Maine Hydro LLC, et al., 18212-18213 2011-7687 Filings:

Ameren Services Co., Northern Indiana Public Service Co. v. Midwest Independent Transmission System Operator, Inc., et al., 18213 2011-7678 Corning Natural Gas Corp., 18213 2011-7675 Land Management Plan Updates: Shoshone Falls Hydroelectric Project, 18213-18214 2011-7682 Land Management Plan Updates; Availability, etc.: Idaho Power, 18214-18215 2011-7686 License Applications: Birch Power Co., 18215 2011-7684 Requests Under Blanket Authorizations: Southern Natural Gas Co., 18216 2011-7677 Shoreline Management Plans;

Availability, etc.: Dominion Virginia Power/North Carolina Power, 18216-18217 2011-7685 Updated Procedural Schedule For Licensing: FirstLight Hydro Generating Co., et al., 18217 2011-7681 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 18219-18220 2011-7811 Federal Mediation Federal Mediation and Conciliation Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Labor-Management Cooperation Grant Program, 18220 2011-7674 Federal Railroad Federal Railroad Administration RULES Track Safety Standards;

Concrete Crossties, 18073-18087 2011-7666 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18294-18298 2011-7463 Environmental Impact Statements; Availability, etc.: DesertXpress High-Speed Passenger Train Project, 18298-18299 2011-7665 Fiscal Fiscal Service RULES Securities; Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds, etc., 18062-18064 2011-7739 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Reclassification of Okaloosa Darter from Endangered to Threatened and Special Rule, 18087-18103 2011-7668 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on a Petition to List the Spring Pygmy Sunfish as Endangered, 18138-18143 2011-7691 NOTICES Marine Mammals; Incidental Takes During Specified Activities, 18232-18238 2011-7764 Meetings: Wind Turbine Guidelines Advisory Committee, 18238-18239 2011-7788 Permit Applications: Endangered Species; Marine Mammals, 18239-18240 2011-7806 Food and Drug Food and Drug Administration NOTICES Guidance for Industry on Postmarketing Studies and Clinical Trials;

Availability: Implementation of Section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act, 18226-18227 2011-7707 Meetings: Medical Devices Advisory Committee Molecular and Clinical Genetics Panel, 18227 2011-7708 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Committee on Food Labeling, 18149-18150 2011-7645 Codex Committee on Fresh Fruits and Vegetables, 18150-18151 2011-7646 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.:

Miller West Fisher Project, Kootenai National Forest, Lincoln County, MT, 18151-18153 2011-7751 Meetings: Southwest Idaho Resource Advisory Committee, 18153 2011-7748 General Services General Services Administration RULES Federal Acquisition Regulation; Government Property Disposal; Forms; CFR Correction, 18072 2011-7810 Federal Acquisition Regulations: Clarification of Standard Form 26 - Award/Contract, 18322-18324 2011-7369 Federal Acquisition Circular 2005-51; Introduction, 18304 2011-7367 Federal Acquisition Circular 2005-51;

Small Entity Compliance Guide, 18324 2011-7370 Women-Owned Small Business Program, 18304-18322 2011-7368 Federal Travel Regulations: FTR Cases 2007-304 and 2003-309, Relocation Allowances, 18326-18345 2011-6609 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Federal Property Suitable as Facilities to Assist Homeless, 18231-18232 2011-7407 Interior Interior Department See Bureau of Ocean Energy Management, Regulation and Enforcement See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Taxpayer Assistance Orders, 18059-18062 2011-7770 PROPOSED RULES Rewards and Awards for Information Relating to Violations of Internal Revenue Laws, 18134 2011-7670 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 18301-18302 2011-7669 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 18153-18155 2011-7758 Upcoming Sunset Reviews, 18153 2011-7760 Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review: Light-Walled Rectangular Pipe and Tube from Mexico, 18155 2011-7802 Polyethylene Terephthalate Film, Sheet and Strip from India, 18155-18156 2011-7801 Purified Carboxymethylcellulose from the Netherlands, 18156 2011-7790 Extension of Time Limit for Preliminary Results of Countervailing Duty Administrative Review:

Polyethylene Terephthalate Film, Sheet and Strip from India, 18156-18157 2011-7799 Initiation of Antidumping Duty Administrative Reviews: Certain Frozen Warmwater Shrimp from Brazil, India and Thailand, 18157-18163 2011-7763 Initiation of Five-Year (Sunset) Review, 18163-18165 2011-7761 Request for Public Comments Concerning Regulatory Cooperation Activities, etc., 18165 2011-7849 International Trade Com International Trade Commission NOTICES Complaints: Certain Electronic Devices, Including Mobile Phones, etc., and Components Thereof, 18247 2011-7734 Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof, 18246-18247 2011-7732 Certain Video Game Systems and Wireless Controller and Components Thereof, 18247-18248 2011-7733 Investigations:

Carbon and Alloy Seamless Standard, Line, And Pressure Pipe from Japan and Romania, 18251-18253 2011-7276 Sulfanilic Acid from China and India, 18248-18251 2011-7275 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration PROPOSED RULES Reducing Regulatory Burden; Retrospective Review under E.O. 13563, 18104 2011-7745 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Family Medical Leave Act Employee and Employer Surveys, 18254-18255 2011-7345 Land Land Management Bureau NOTICES Competitive Coal Lease Sales:

Wyoming, 18240-18241 2011-7596 Environmental Impact Statements; Availability, etc.: Energy Gateway South 500-Kilovolt Alternating Current Transmission Line Project in Wyoming, Colorado, and Utah, 18241-18243 2011-7736 Proposed Hycroft Mine Expansion Project, Humboldt and Pershing Counties, NV, 18243-18244 2011-7718 Meetings: Utah Resource Advisory Council, 18244 2011-7726 Proposed Reinstatements of Terminated Oil and Gas Leases: WYW164400, Wyoming, 18244 2011-7594 Public Land Order No. 7760;

Extension of Public Land Order No. 6839; Alaska, 18244-18245 2011-7725 West Tavaputs Plateau Road Restriction Order, Utah, 18245-18246 2011-7723 Management Management and Budget Office NOTICES Draft 2011 Report to Congress on the Benefits and Costs of Federal Regulations, 18260-18261 2011-7504 Maritime Maritime Administration NOTICES Administrative Waivers of the Coastwise Trade Laws, 2011-7713 18299-18301 2011-7715 2011-7716 2011-7717 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation;

Government Property Disposal; Forms; CFR Correction, 18072 2011-7810 Federal Acquisition Regulations: Clarification of Standard Form 26 - Award/Contract, 18322-18324 2011-7369 Federal Acquisition Circular 2005-51; Introduction, 18304 2011-7367 Federal Acquisition Circular 2005-51; Small Entity Compliance Guide, 18324 2011-7370 Women-Owned Small Business Program, 18304-18322 2011-7368 National Highway National Highway Traffic Safety Administration RULES Uniform Criteria for State Observational Surveys of Seat Belt Use, 18042-18059 2011-7632 National Institute National Institute of Standards and Technology NOTICES Meetings:

Advisory Committee on Earthquake Hazards Reduction, 18165-18166 2011-7744 Technology Innovation Program Advisory Board, 18166-18167 2011-7756 National Institute National Institutes of Health NOTICES Best Pharmaceuticals for Children Act: Priority List of Needs in Pediatric Therapeutics, 18228-18229 2011-7673 Meetings: Center for Scientific Review, 18229-18230 2011-7818 National Institute of Allergy and Infectious Diseases, 18230 2011-7816 2011-7817 National Institute of Neurological Disorders and Stroke, 18230-18231 2011-7819 National Oceanic National Oceanic and Atmospheric Administration NOTICES Takes of Marine Mammals Incidental to Specified Activities:

Marine Geophysical Survey in Central Gulf of Alaska, June, 2011, 18167-18188 2011-7487 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility License Renewals: University of Wisconsin, 18261-18262 2011-7720 Regulatory Guides; Availability, 18262 2011-7721 Office of Management and Budget See Management and Budget Office Pension Benefit Pension Benefit Guaranty Corporation PROPOSED RULES Reducing Regulatory Burden; Review Under E.O. 13563, 18134-18136 2011-7805 Personnel Personnel Management Office NOTICES January 2011 Pay Schedules, 18262-18263 2011-7672 Meetings:

Hispanic Council on Federal Employment, 18263 2011-7830 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18263-18265 2011-7689 2011-7690 Applications: Fairholme VP Series Fund, Inc. and Fairholme Capital Management LLC, 18265-18274 2011-7695 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 18280-18283 2011-7688 NASDAQ OMX PHLX LLC, 18274-18276 2011-7730 New York Stock Exchange LLC, 18278-18280, 18285-18287 2011-7652 2011-7654 NYSE Amex LLC, 18276-18278, 18283-18285 2011-7651 2011-7656 Small Business Small Business Administration RULES Intermediary Lending Pilot Program, 18007-18020 2011-7741 NOTICES Disaster Declarations:

Indiana, 18287 2011-7660 Missouri, 18289 2011-7664 New York, 18289 2011-7661 Ohio, 18288 2011-7663 Oregon, 18288 2011-7794 Tennessee, 18288 2011-7662 Major Disaster Declarations: New Mexico, 18289-18290 2011-7809 Washington, 18290 2011-7808 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 18290-18291 2011-7692 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:

Boris Mikhailov; Case History, 18291-18292 2011-7767 The Steins Collect; Matisse, Picasso, and the Parisian Avant-Garde, 18292 2011-7768 Meetings: International Telecommunication Advisory Committee, 18292 2011-7766 Susquehanna Susquehanna River Basin Commission NOTICES Actions Taken at March 10, 2011, Meeting, 18292-18293 2011-7712 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service PROPOSED RULES Interest on Untimely Paid Vessel Repair Duties, 18132-18134 2011-7815 Customs U.S.

Customs and Border Protection PROPOSED RULES Interest on Untimely Paid Vessel Repair Duties, 18132-18134 2011-7815 Separate Parts In This Issue Part II Defense Department, 18304-18324 2011-7369 2011-7367 2011-7370 2011-7368 General Services Administration, 18304-18324 2011-7369 2011-7367 2011-7370 2011-7368 National Aeronautics and Space Administration, 18304-18324 2011-7369 2011-7367 2011-7370 2011-7368 Part III General Services Administration, 18326-18345 2011-6609 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 63 Friday, April 1, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 946 [Doc. No. AMS-FV-11-0012; FV11-946-2 IR] Irish Potatoes Grown in Washington; Decreased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule decreases the assessment rate established for the State of Washington Potato Committee (Committee) for the 2011-2012 and subsequent fiscal periods from $0.0035 to $0.003 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of Irish potatoes grown in Washington. Assessments upon Washington potato handlers are used by the Committee to fund reasonable and necessary expenses of the program.

The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective April 2, 2011. Comments received by May 31, 2011, will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; *Fax:*

(202)720-8938; or *Internet: http://www.regulations.gov.* Comments should reference the document number and the date and page number of this issue of the **Federal Register** and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov.* All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary D. Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; *Telephone:*

(503)326-2724, *Fax:*

(503)326-7440, or *E-mail: Teresa.Hutchinson@ams.usda.gov* or *GaryD.Olson@ams.usda.gov.* Small businesses may request information on complying with this regulation 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. 946, as amended (7 CFR part 946), regulating the handling of Irish potatoes grown in Washington, 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.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Washington potato handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable potatoes beginning July 1, 2011, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the assessment rate established for the Committee for the 2011-2012 and subsequent fiscal periods from $0.0035 to $0.003 per hundredweight of potatoes handled. The Washington potato marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of Washington potatoes. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2005-2006 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on January 26, 2011, and unanimously recommended 2011-2012 expenditures of $40,050 and an assessment rate of $0.003 per hundredweight of potatoes. In comparison, last year's budgeted expenditures were $39,950. The assessment rate of $0.003 is $0.0005 lower than the rate currently in effect. This action will allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses. The major expenditures recommended by the Committee for the 2011-2012 fiscal period include $20,000 for surveillance inspection (compliance activity), $4,800 for a management agreement with the Washington State Potato Commission, $3,000 for committee expenses, and $3,000 for office expenses. These budgeted expenses are the same as those approved for the 2010-2011 fiscal period. The assessment rate recommended by the Committee was derived by multiplying anticipated shipments of Washington potatoes by various assessment rates. Applying the $0.003 per hundredweight assessment rate to the Committee's 10,000,000 hundredweight crop estimate should provide $30,000 in assessment income. Thus, income derived from handler assessments and interest ($500) plus $9,550 from the Committee's monetary reserve would be adequate to cover the recommended $40,050 budget for 2011-2012. Funds in the reserve were $68,213 as of June 30, 2010. The Committee estimates that $4,450 will be deducted from the reserve to cover budgeted expenses for 2010-2011. Thus, the Committee estimates a reserve of $63,763 on June 30, 2011, which would be within the maximum permitted by the order of approximately two fiscal period's operational expenses (§ 946.42). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate is effective for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2011-2012 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. Initial 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 initial 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 43 handlers of Washington potatoes subject to regulation under the order and approximately 267 producers in the regulated production area. Small agricultural service firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. During the 2009-2010 marketing year, the Committee reports that 9,765,131 hundredweight of Washington potatoes were shipped into the fresh market. Based on average f.o.b. prices estimated by the USDA's Economic Research Service and Committee data on individual handler shipments, the Committee estimates that 42, or approximately 98 percent of the handlers, had annual receipts of less than $7,000,000. In addition, based on information provided by the National Agricultural Statistics Service, the average producer price for Washington potatoes for 2010 was $7.55 per hundredweight. The average gross annual revenue for the 267 Washington potato producers is therefore calculated to be approximately $276,130. In view of the foregoing, the majority of Washington potato producers and handlers may be classified as small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2011-2012 and subsequent fiscal periods from $0.0035 to $0.003 per hundredweight of potatoes. The Committee unanimously recommended 2011-2012 expenditures of $40,050 and an assessment rate of $0.003 per hundredweight. The assessment rate of $0.003 is $0.0005 lower than the previous rate. This action will allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses. The quantity of assessable potatoes for the 2011-2012 fiscal period is estimated at 10,000,000 hundredweight. Thus, the $0.003 rate should provide $30,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, will be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2011-2012 year include $20,000 for surveillance inspection (compliance activity), $4,800 for a management agreement with the Washington State Potato Commission, $3,000 for committee expense, and $3,000 for office expense. These budgeted expenses are the same as those approved for the 2010-2011 fiscal period. The Committee discussed alternatives to this rule, including alternative expenditure levels, but determined that the recommended expenses were reasonable and necessary to adequately cover program operations. Lower assessment rates were considered, but not recommended because they would reduce the financial reserve more than desired. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the grower price for the 2011-2012 fiscal period could range between $7.40 and $7.55 per hundredweight of potatoes. Therefore, the estimated assessment revenue for the 2011-2012 fiscal period as a percentage of total grower revenue could range between 0.0405 and 0.0397 percent. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Washington potato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the January 26, 2011, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. This action imposes no additional reporting or recordkeeping requirements on either small or large Washington potato 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. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Antoinette Carter at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)The 2011-2012 fiscal period begins on July 1, 2011, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable potatoes handled during such fiscal period;

(2)this action decreases the assessment rate for assessable potatoes beginning with the 2011-2012 fiscal period;

(3)handlers are aware of this action which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years; and

(4)this interim rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 946 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 946 is amended as follows: PART 946—IRISH POTATOES GROWN IN WASHINGTON 1. The authority citation for 7 CFR part 946 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 946.248 is revised to read as follows: § 946.248 Assessment rate. On and after July 1, 2011, an assessment rate of $0.003 per hundredweight is established for Washington potatoes. Dated: March 28, 2011. David R. Shipman, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2011-7753 Filed 3-31-11; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

CFR