Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-08-09.xml --- 76 153 Tuesday, August 9, 2011 Contents Administrative Conference of the United States NOTICES Adoption of Recommendations, 48789-48796 2011-20138 Agricultural Marketing Agricultural Marketing Service RULES Irish Potatoes Grown in Washington, 48713-48714 2011-20124 PROPOSED RULES Reporting Requirements and New Information Collection: Kiwifruit Grown in California, 48742-48745 2011-20116 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Plan for Estimating Daily Livestock Slaughter Under Federal Inspection, 48796-48797 2011-20113 Agricultural Research Agricultural Research Service NOTICES Meetings: Advisory Committee on Biotechnology and 21st Century Agriculture, 48797-48798 2011-20121 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Food and Nutrition Service See Forest Service Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act of 1993:

Institute of Electrical and Electronics Engineers, 48884 2011-19964 ODVA, Inc., 48884 2011-19963 PXI Systems Alliance, Inc., 48883-48884 2011-19962 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Support Enforcement Annual Data Report, 48865 2011-20105 Meetings: Tribal Consultation, 48865-48866 2011-20071 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal, 48717 2011-20092 Safety Zones:

August Fireworks Displays and Swim Events in the Captain of the Port New York Zone, 48718-48722 2011-20093 Chicago Harbor, Navy Pier Southeast, Chicago, IL, 48718 2011-20090 PROPOSED RULES Security Zones: Captain of the Port Lake Michigan Zone, 48751-48754 2011-20091 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48801-48802 2011-20095 2011-20096 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 48808 2011-20351 Comptroller Comptroller of the Currency RULES Office of Thrift Supervision Integration Pursuant to Dodd-Frank Wall Street Reform and Consumer Protection Act, 48950-49199 2011-17581 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48942-48946 2011-19784 2011-19785 Consumer Product Consumer Product Safety Commission NOTICES Settlement Agreements: Black and Decker (U.S.) Inc., 48808-48810 2011-20086 Corporation Corporation for National and Community Service NOTICES Privacy Act;

Computer Matching Program, 48811-48812 2011-20019 Defense Department Defense Department PROPOSED RULES Federal Acquisition Regulations: Documenting Contractor Performance; Correction, 48776-48777 2011-20089 NOTICES Privacy Act; Systems of Records, 48812-48813 2011-20080 Drug Drug Enforcement Administration NOTICES Application Denials: Liddy's Pharmacy, LLC, 48887-48897 2011-20055 Stacey J. Webb, M.D., 48884-48887 2011-20046 Decisions and Orders: Robert Leigh Kale, M.D., 48898-48900 2011-20053 Sheryl Lavender, D.O., 48897-48898 2011-20068 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48813-48814 2011-20198 Applications for New Awards: Postsecondary Education Center for Individuals who are Deaf, 48814-48822 2011-20180 Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities, 48822-48831 2011-20184 Arbitration Panel Decisions under Randolph-Sheppard Act, 48831-48833 2011-20231 Employee Benefits Employee Benefits Security Administration NOTICES Meetings: Advisory Council on Employee Welfare and Pension Benefit Plans, 48903-48904 2011-20107 Employment and Training Employment and Training Administration NOTICES Triggering of Tier Three of Emergency Unemployment Compensation 2008:

Virgin Islands, 48904 2011-20109 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Test Procedures for Residential Clothes Washers, 49238-49273 2011-19440 Test Procedures for Walk-In Coolers and Freezers and Certification for Metal Halide Lamp Ballasts and Fixtures, 48745-48749 2011-20114 NOTICES Filings of Self-Certifications of Coal Capability Under the Powerplant and Industrial Fuel Use Act, 48833 2011-20123 Environmental Protection Environmental Protection Agency PROPOSED RULES 2017-2025 Model Year Light-Duty Vehicle GHG Emissions and CAFE Standards, 48758-48769 2011-19905 Approvals and Promulgations of Air Quality Implementation Plans:

Ohio; Reasonably Available Control Technology, Oxides of Nitrogen, Cleveland Ozone Non-Attainment, 48754-48758 2011-20205 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Facility Ground-Water Monitoring Requirements, 48859-48860 2011-20166 Identification, Listing and Rulemaking Petitions, 48856-48857 2011-20161 Standardized Permit for RCRA Hazardous Waste Management Facilities, 48857-48859 2011-20163 Issuance of Final Outer Continental Shelf Air Permits:

Anadarko Petroleum Corp., 48861 2011-20213 Executive Office of the President See Management and Budget Office See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Honeywell International Inc. TPE331-10 and TPE331-11 Series Turboprop Engines, 48749-48751 2011-20170 NOTICES Exemption Petitions; Summaries of Petitions, 48940 2011-20009 Federal Communications Federal Communications Commission NOTICES Meetings: Emergency Access Advisory Committee, 48861-48862 2011-20203 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

City of Gresham, 48835-48836 2011-20160 El Paso Natural Gas Co., 48833-48834 2011-20058 Michigan Consolidated Gas Co., and Dawn Gateway Pipeline, LLC, 48834-48835 2011-20146 Combined Filings, 48836-48840 2011-20051 2011-20064 2011-20065 Competing Preliminary Permit Applications: Lock+ Hydro Friends Fund XXXV; Riverbank Hydro No. 4, LLC, 48840 2011-20155 Continued Project Operation Authorizations: Appalachian Power Co., 48840-48841 2011-20048 Establishments of Post-Technical Comment Periods:

PJM Interconnection, LLC, 48841 2011-20045 Filings: Liberty Gas Storage, LLC, 48841 2011-20043 License Amendment Applications: Wisconsin Public Service Corp., 48841-48842 2011-20059 License Applications: Oliver Hydro LLC, 48842-48843 2011-20041 Petitions For Declaratory Orders: Cottonwood Hydro, LLC, 48843-48844 2011-20044 Preliminary Permit Applications: FFP Project 11 LLC, 48844-48845 2011-20062 FFP Project 121 LLC, 48850 2011-20142 FFP Project 125 LLC, 48846-48847 2011-20154 FFP Project 29 LLC, 48844 2011-20056 FFP Project 36 LLC, 48849 2011-20149 FFP Project 37 LLC, 48848 2011-20150 FFP Project 42 LLC, 48852 2011-20157 FFP Project 43 LLC, 48848 2011-20151 FFP Project 44 LLC, 48851 2011-20159 FFP Project 45 LLC, 48852 2011-20156 FFP Project 46 LLC, 48849 2011-20144 FFP Project 47 LLC, 48847 2011-20152 FFP Project 48 LLC, 48850 2011-20143 FFP Project 49 LLC, 48847 2011-20153 FFP Project 5 LLC, 48845 2011-20063 FFP Project 50 LLC, 48851 2011-20158 FFP Project 70, LLC, 48853 2011-20042 Free Flow Power Corp., 2011-20060 48845-48846 2011-20061 Requests Under Blanket Authorizations:

Monroe Gas Storage Co., LLC, 48854 2011-20148 Natural Gas Pipeline Co. of America LLC, 48853-48854 2011-20057 Questar Pipeline Co., 48855 2011-20145 Williston Basin Interstate Pipeline Co., 48854-48855 2011-20147 Waiver Requests: New York Independent System Operator, Inc., 48855-48856 2011-20047 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Mendocino County, CA, 48940 2011-20135 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 48862 2011-20352 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 48940-48941 2011-20294 Federal Railroad Federal Railroad Administration NOTICES Petitions for Approval: Product Safety Plan, 48941 2011-20194 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 48862 2011-20129 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 48862 2011-20131 Proposals to Engage in Permissible Nonbanking Activities or Acquire Companies Engaged in Permissible Nonbanking Activities, 48862-48863 2011-20130 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 48863 2011-20232 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Endangered Status for the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace, 48722-48741 2011-20018 PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List the Nueces River and Plateau Shiners as Threatened or Endangered, 48777-48788 2011-20054 Four Foreign Parrot Species, 49202-49236 2011-19532 NOTICES Environmental Assessments;

Availability, etc.: Kootenai National Wildlife Refuge, Boundary County, ID, 48877-48879 2011-19837 Environmental Impact Statements; Availability, etc.: Incidental Takes of the Alabama Beach Mouse, Fort Morgan Peninsula, Baldwin County, AL, 48879 2011-20140 Permit Applications: Endangered Species; Marine Mammals, 48880-48881 2011-20233 Recovery Plan for the Endangered Pyne's Ground-plum (Astragalus bibullatus), 48881 2011-20137 Food and Drug Food and Drug Administration RULES Immunology and Microbiology Devices:

Reclassification of the Herpes Simplex Virus Serological Assay Device, 48715-48717 2011-20115 New Animal Drugs: Change of Sponsor; Moxidectin, 48714-48715 2011-20182 PROPOSED RULES Food Additive Petitions (Animal Use): Lanxess Corp.; Calcium Formate, 48751 2011-20126 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Device Labeling Regulations, 48866-48869 2011-20098 Denial of Hearing; Final Debarment Orders: Ray Nathan, 48869-48870 2011-20181 Guidance for Industry and Staff;

Availability: Class II Special Controls Guidance Document, Herpes Simplex Virus Types 1 and 2 Serological Assays, 48870-48871 2011-20117 Meetings: Immunology Devices Panel of the Medical Devices Advisory Committee, 48871-48872 2011-20118 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Characteristics and Circumstances of Zero-Income SNAP Households, 48799-48800 2011-20082 Study of the Effectiveness of Efforts to Increase Supplemental Nutrition Assistance Program Participation, etc., 48798-48799 2011-20081 Foreign Assets Foreign Assets Control Office NOTICES Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 12978, 48946-48947 2011-20228 Forest Forest Service NOTICES Meetings:

Central Idaho Resource Advisory Committee, 48801 2011-20209 Gallatin Resource Advisory Committee, 48801 2011-20136 Hiawatha East Resource Advisory Committee, 48800 2011-20110 White Pine-Nye Resource Advisory Committee; Cancellation, 48800-48801 2011-20087 General Services General Services Administration PROPOSED RULES Federal Acquisition Regulations: Documenting Contractor Performance; Correction, 48776-48777 2011-20089 NOTICES Federal Travel Regulations: Relocation Allowances—Standard Mileage Rate for Moving Purposes, 48863 2011-20188 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Uranium Concentrations in Private Wells in Southeast New Hampshire, 48882 2011-20108 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Metadata Standards to Support Nationwide Electronic Health Information Exchange, 48769-48776 2011-20219 NOTICES Charter Renewals:

Presidential Advisory Council on HIV-AIDS, 48863-48864 2011-20230 Meetings: Presidential Commission for the Study of Bioethical Issues, 48864 2011-20195 Re-charter of the Natonal Vaccine Advisory Committee, 48864-48865 2011-20197 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Funding Awards: Fiscal Year 2010 Self-Help Homeownership Opportunity Program, 48876-48877 2011-20186 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Amended Final Results: Certain Steel Concrete Reinforcing Bars from Turkey, 48802-48803 2011-20050 Applications for Duty-Free Entry of Scientific Instruments, 48803-48804 2011-20206 2011-20207 Grants to Manufacturers of Certain Worsted Wool Fabrics, 48804-48806 2011-20301 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Powered Industrial Trucks Standard, 48900-48901 2011-20164 Meetings: National Advisory Committee for Labor Provisions of U.S. Free Trade Agreements, 48901-48902 2011-20084 Nominations for Iqbal Masih Award for the Elimination of Child Labor, 48902-48903 2011-20085 Land Land Management Bureau NOTICES Filings of Plats of Surveys: Eastern States, 48882-48883 2011-20139 Meetings: Coeur d'Alene District Resource Advisory Council, Idaho, 48883 2011-20125 Idaho Falls District Resource Advisory Council, 48883 2011-20128 Legal Legal Services Corporation NOTICES Poverty Data and Funding Distribution, 48904-48905 2011-20162 Management Management and Budget Office NOTICES United States Government Inter-Agency Anti-Counterfeiting Working Group:

Strategy to Eliminate Counterfeit Products from United States Government Supply Chain, 48905-48907 2011-20204 Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulations: Documenting Contractor Performance; Correction, 48776-48777 2011-20089 National Highway National Highway Traffic Safety Administration PROPOSED RULES 2017-2025 Model Year Light-Duty Vehicle GHG Emissions and CAFE Standards, 48758-48769 2011-19905 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Hispanic Community Health Study/Study of Latinos, 48872-48873 2011-20174 Meetings: National Institute of Dental and Craniofacial Research, 48874 2011-20175 National Institute on Aging, 48873-48874 2011-20176 National Library of Medicine, 48873 2011-20178 National Oceanic National Oceanic and Atmospheric Administration NOTICES Applications: Endangered Species; File No. 16194, 48806 2011-20190 Meetings: New England Fishery Management Council, 2011-20192 48806-48807 2011-20193 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 48907-48908 2011-20027 2011-20094 Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 48908-48919 2011-19775 Meetings; Sunshine Act, 48919 2011-20257 NRC Enforcement Policy, 48919-48923 2011-20112 Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Public Key Infrastructure Certificate Action Form, 48807-48808 2011-20097 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 48923-48925 2011-20073 2011-20101 Postal Service Postal Service RULES Domestic Mail Manual, 48722 2011-20078 Presidential Documents Presidential Documents PROCLAMATIONS Immigration: Immigrants and nonimmigrants who participate in serious human rights and humanitarian law violations and other abuses; suspension of entry, 49275-49278 2011-20395 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NASDAQ Stock Market LLC, 48925-48927 2011-20100 Applications: American Capital, Ltd., 48929-48931 2011-20103 RidgeWorth Funds and RidgeWorth Capital Management, Inc., 48927-48929 2011-20102 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 48931-48933, 48935-48937 2011-20066 2011-20172 Financial Industry Regulatory Authority, Inc., 48937-48939 2011-20171 International Securities Exchange, LLC, 48933-48935 2011-20099 Small Business Small Business Administration NOTICES Disaster Declarations:

Tennessee; Amendment 1, 48939 2011-20079 State Department State Department NOTICES Meetings: International Telecommunication Advisory Committee, 48939 2011-20179 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: National Advisory Councils; Correction, 48874 2011-20026 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Alabama and Florida Railway Co., Inc., Geneva, Coffee and Covington Counties, AL, 48941-48942 2011-20173 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48874-48875 2011-20199 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crewman's Landing Permit, 48875 2011-20122 Petitions to Reconcile Inconsistent Agency Decisions: Tariff Classification of CN-9 Solution, 48875-48876 2011-20119 Separate Parts In This Issue Part II Treasury Department, Comptroller of the Currency, 48950-49199 2011-17581 Part III Interior Department, Fish and Wildlife Service, 49202-49236 2011-19532 Part IV Energy Department, 49238-49273 2011-19440 Part V Presidential Documents, 49275-49278 2011-20395 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. 76 153 Tuesday, August 9, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 946 [Doc. No. AMS-FV-11-0024; FV11-946-3 FIR] Irish Potatoes Grown in Washington; Modifications of the Rules and Regulations AGENCY:

Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: The Department of Agriculture is adopting, as a final rule, without change, an interim rule that extended the one-year suspension of the minimum quality, maturity, pack, marking, and inspection requirements prescribed for russet potato varieties under the Washington potato marketing order for the 2011-2012 and subsequent fiscal periods. The interim rule also extended the reporting requirement for russet potato handlers for the purpose of obtaining information necessary for administering the marketing order.

This change is expected to reduce overall industry expenses and increase net returns to producers and handlers while allowing the industry the opportunity to continue exploring alternative marketing strategies. DATES: Effective August 10, 2011. FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary 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 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 Laurel May, 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: Laurel.May@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. The handling of potatoes grown in Washington is regulated by 7 CFR part 946. This rule continues in effect the interim rule that extended the one-year suspension of the order's handling regulation for russet potato varieties for the 2011-2012 and subsequent fiscal periods. This change also extended the reporting requirement for russet potato handlers to obtain information necessary for the collection of assessments and statistical data. This change allows the Washington potato industry to continue marketing russet potatoes without regard to the minimum quality, maturity, pack, marking, and inspection requirements prescribed under the Washington potato marketing order. In an interim rule published in the **Federal Register** on May 13, 2011, and effective on July 1, 2011, (76 FR 27850, Doc. No. AMS-FV-11-0024, FV11-946-3 IR), the introductory text of §§ 946.143 and 946.336 were amended by removing text referring to the temporary suspension and replacing it with text referring to a permanent suspension. 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 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 (inclusive of the 33 russet potato handlers) 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 fiscal period, 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 producer revenue for each of 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 continues in effect the action that extended the one-year suspension of the handling regulation for russet potato varieties for the 2011-2012 and subsequent fiscal periods. This rule also continues in effect the action that extended the reporting requirement for russet potato handlers to obtain information necessary to administer the order. This change is expected to reduce overall industry expenses while providing the industry with the opportunity to continue exploring alternative marketing strategies. This rule amends the introductory text in §§ 946.143 and 946.336. Authority for the change in the order's rules and regulations is provided for in §§ 946.70 and 946.52, respectively. This action is not expected to increase costs associated with the order requirements. Rather, this action represents a cost savings for handlers and has the potential to increase industry returns. This change extends the one-year suspension of minimum quality, maturity, pack, marking, and inspection requirements indefinitely. Though inspections will not be mandated for russet potatoes handled under the order, handlers may at their discretion choose to have their potatoes inspected. Handlers are thus able to control costs—which are generally passed on to producers—based on the demands of their customers. The opportunities and benefits of this rule are equally available to all Washington potato handlers and growers, regardless of their size. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0178 (Vegetable and Specialty Crop Marketing Orders). No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This change continues the monthly reporting requirement for russet potato handlers. The reports provide the Committee with information necessary to track shipments and collect assessments. 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the Washington potato industry and all interested persons were invited to participate in Committee deliberations. 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. Comments on the interim rule were required to be received on or before July 12, 2011. 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/#!documentDetail;D=AMS-FV-11-0024-0001.* This action also affirms information contained in the interim rule concerning 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** (76 FR 27850, May 13, 2011) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 946 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. Accordingly, the interim rule that amended 7 CFR 946.143 and 946.336 and that was published at 76 FR 27850 on May 13, 2011, is adopted as a final rule, without change. Dated: August 3, 2011. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2011-20124 Filed 8-8-11; 8:45 am]

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