Unknown. Interim rule with request for comments

4,898 words·~22 min read·/register/2011/08/30/2011-22115·

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-08-30.xml --- 76 168 Tuesday, August 30, 2011 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Availability of Final Toxicological Profile for RDX, 53906 2011-22080 Agricultural Marketing Agricultural Marketing Service RULES Assessment Rate Decrease for Processed Pears Grown in Oregon and Washington, 53811-53813 2011-22115 Decreased Assessment Rate for Dried Prunes Produced in California, 53813-53816 2011-22119 Softwood Lumber Research, Promotion, Consumer Education and Industry Information Order;

Correction, 53816 2011-22150 PROPOSED RULES Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 3, 53842-53844 2011-22111 National Dairy Promotion and Research Program, 53844-53847 2011-22154 NOTICES United States Standards for Grades of Cultivated Ginseng, 53875-53879 2011-22117 Agriculture Agriculture Department See Agricultural Marketing Service See Federal Crop Insurance Corporation See Forest Service See Rural Housing Service Children Children and Families Administration See Refugee Resettlement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: ORR State Plan for Grants to States for Refugee Resettlement, 53906-53907 2011-22078 Civil Rights Civil Rights Commission NOTICES Meetings: Colorado State Advisory Committee, 53881 2011-22129 Texas Advisory Committee, 53881 2011-22024 Coast Guard Coast Guard RULES Safety Zones: 2011 Rohto Ironman 70.3 Miami, Biscayne Bay, Miami, FL, 53824-53826 2011-22076 Big Sioux River from the Military Road Bridge North Sioux City to the confluence of the Missouri River, SD, 53827-53829 2011-22072 ESI Ironman 70.3 Augusta Triathlon, Savannah River, Augusta, GA, 53829-53831 2011-22074 Labor Day at the Landing Santa Rosa Sound, Fort Walton Beach, FL, 53822-53824 2011-22073 Missouri River from the Border between Montana and North Dakota, 53820-53822 2011-22198 NOTICES Meetings:

Merchant Mariner Medical Advisory Committee, 53924-53925 2011-22197 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Contracting Methods, 53886-53887 2011-22128 Defense Department Defense Department See Defense Acquisition Regulations System Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Decisions and Orders:

Richard A. Herbert, M.D., 53942-53961 2011-22093 Importers of Controlled Substances; Registrations, 53961 2011-22088 Manufacturers of Controlled Substances; Registrations, 53961 2011-22089 Revocations of Registrations: Dale J. Bingham, P.A., 53964-53965 2011-22091 Harold Edward Smith, M.D., 53961-53964 2011-22090 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53887-53888 2011-22118 Applications to Export Electric Energy: Morgan Stanley Capital Group Inc., 53888 2011-22116 Meetings: Environmental Management Site-Specific Advisory Board, Idaho National Laboratory, 53888-53889 2011-22114 National Petroleum Council, 53889 2011-22120 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Grant of Waiver from Commercial Package Air Conditioner and Heat Pump Test Procedures: LG Electronics, Inc., 53889-53896 2011-22112 Environmental Protection Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes:

Louisiana; Baton Rouge Redesignation to Attainment for the 1997 8-Hour Ozone Standard, 53853-53872 2011-21728 NOTICES EPA Seeking Input Materials Measurement: Municipal Solid Waste, Recycling, and Source Reduction Measurement in the U.S., 53897-53898 2011-22137 Proposed Administrative Settlement Agreements: Ely Copper Mine Superfund Site, Vershire, VT, 53898 2011-21991 Federal Communications Federal Communications Commission NOTICES Meetings: North American Numbering Council, 53898-53899 2011-22195 Federal Crop Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53879 2011-22136 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships: First Integrity Bank, Staples, MN, 53899 2011-22094 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 53899 2011-22182 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster and Related Determinations: Kansas, 53927 2011-22184 Missouri, 53926 2011-22175 Nebraska, 2011-22173 53927-53928 2011-22178 Utah, 53926-53927 2011-22179 Wyoming, 53925-53926 2011-22170 Meetings:

National Advisory Council, 53929 2011-22039 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2011-22054 53896-53897 2011-22092 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highway in California, 53996-53997 2011-22077 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 2011-22053 53997-53999 2011-22058 2011-22059 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 53899-53900 2011-22010 2011-22124 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 53900 2011-22123 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies Engaged in Permissible Nonbanking Activities, 53900 2011-22011 Fish Fish and Wildlife Service RULES Migratory Bird Hunting: Final Frameworks for Early Season Hunting Regulations, 54052-54070 2011-21987 Food and Drug Food and Drug Administration RULES Advisory Committee;

Change of Name and Function: Technical Amendment, 53816-53817 2011-22105 PROPOSED RULES Effective Date of Requirement for Premarket Approval for Cardiovascular Permanent Pacemaker Electrode; Correction, 53851 2011-22107 NOTICES Determinations that Drugs were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: OPANA ER Extended-Release Tablets, 7.5 Milligrams and 15 Milligrams, 53908-53909 2011-22143 TALWIN COMPOUND Tablets (Aspirin; Pentazocine Hydrochloride), 325 Milligrams;

Equivalent to 12.5 Milligram Base, 53907-53908 2011-22145 Draft Guidance for Industry; Availability: Tablet Scoring; Nomenclature, Labeling, and Data for Evaluation, 53909-53910 2011-22146 Fee for Using a Priority Review Voucher in Fiscal Year 2012, 53910-53912 2011-22062 Public Database of Products With Orphan-Drug Designations: Replacing Non-Informative Code Names With Descriptive Identifiers, 53912-53913 2011-22144 Forest Forest Service NOTICES Meetings: Glenn/Colusa County Resource Advisory Committee, 53880 2011-22087 Southwest Montana Resource Advisory Committee, 53880 2011-21358 Uinta-Wasatch-Cache National Forest Resource Advisory Committee, 53879-53880 2011-22085 General Services General Services Administration NOTICES Meetings:

President's Management Advisory Board, 53901 2011-22149 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Children and Families Administration See Food and Drug Administration See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53901-53903 2011-22166 2011-22168 Delegation of Authorities, 53903-53906 2011-22042 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Immigration and Customs Enforcement NOTICES Privacy Act; Systems of Records, 53918-53924 2011-22167 2011-22169 Housing Housing and Urban Development Department PROPOSED RULES Federal Housing Administration: Suspension of Section 238(c) Single-Family Mortgage Insurance in Military Impacted Areas, 53851-53853 2011-22189 NOTICES Consolidated Delegation of Authority to the President of the Government National Mortgage Association, 53931 2011-22174 Consolidated Redelegation of Authority for the Government National Mortgage Association, 53931-53933 2011-22177 Delegation Authority for Office of Sustainable Housing and Communities, 53933-53934 2011-22192 Delegation Authority for the Office of Policy Development and Research, 53934 2011-22172 Delegation of Authority for Center for Faith-Based and Neighborhood Partnerships, 53934-53935 2011-22187 Delegations of Authority:

Office of Chief Financial Officer, 53935-53936 2011-22183 Designation by Chief Procurement Officer of Contracting Officers, 53936 2011-22190 Designation of Chief Acquisition Officer and Senior Procurement Executive and Delegation of Procurement Authority, 53936-53937 2011-22186 Order of Succession for Government National Mortgage Association, 53937-53938 2011-22176 Order of Succession for Office of Chief Procurement Officer, 53938 2011-22188 Order of Succession for the Office of Policy Development and Research, 53938-53939 2011-22171 Orders of Succession:

Office of Chief Financial Officer, 53939 2011-22185 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service RULES Determining Amount of Taxes Paid for Purposes of Foreign Tax Credits: Correcting Amendment, 53819 2011-22065 Correction, 2011-22064 53818-53819 2011-22066 2011-22067 Methods of Accounting Used by Corporations that Acquire Assets of Other Corporations:

Correction, 53819-53820 2011-22051 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 54000-54001 2011-22043 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trade Fair Certification Program Application, 53882 2011-22071 Antidumping and Countervailing Duty Orders: Stainless Steel Plate in Coils from Belgium, the Republic of Korea, South Africa, and Taiwan, 53882-53883 2011-22151 Justice Department Justice Department See Drug Enforcement Administration See Justice Programs Office NOTICES Lodging of Consent Decrees Under The Clean Water Act, 53941 2011-22068 Lodging of First Addendum to Consent Decrees, 53942 2011-22121 Justice Programs Justice Programs Office NOTICES Meetings:

Advisory Committee on Juvenile Justice, 53965-53966 2011-22132 Labor Department Labor Department See Workers Compensation Programs Office Land Land Management Bureau NOTICES Filing of Plats of Survey: Alaska, 53939-53940 2011-22082 Arizona, 53940 2011-22081 Meetings: Western Montana Resource Advisory Council, 53940-53941 2011-22084 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 53967 2011-22202 National Indian National Indian Gaming Commission RULES Minimum Internal Control Standards for Class II Gaming, 53817-53818 2011-22035 National Labor National Labor Relations Board RULES Employee Rights under the National Labor Relations Act, 54006-54050 2011-21724 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Other Rockfish, Other Flatfish, Sharks, and Skates in the Bering Sea and Aleutian Islands Management Area, 53840-53841 2011-22139 Fisheries of the Northeastern United States: 2011 Summer Flounder, Scup, and Black Sea Bass Specifications; Correction, 53831-53832 2011-22164 Northeast Multispecies Fishery; Trip Limit Decrease for the Common Pool Fishery, 53832-53833 2011-22141 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Amendments 20 and 21;

Trawl Rationalization Program; Correcting Amendments, 53833-53840 2011-22162 PROPOSED RULES Fisheries of the Northeastern United States; Northeast Skate Complex Fishery: Secretarial Emergency Action, 53872-53874 2011-22165 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Satellite Ground Station Customer Questionnaire, 53883-53884 2011-22070 Taking and Importing Marine Mammals: U.S. Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 53884-53885 2011-22163 National Park National Park Service NOTICES Meetings:

Boston Harbor Islands National Recreation Area Advisory Council, 53941 2011-21934 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 53967 2011-22253 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Annual Dose Limit to the Lens of the Eye: New International Commission on Radiological Protection Recommendations, 53847-53851 2011-21900 NOTICES Applications for Indirect License Transfers: Carolina Power and Light, Brunswick Steam Electric Plant, Units 1 and 2, 53970-53972 2011-22103 Carolina Power and Light, Shearon Harris Nuclear Power Plant, Unit 1, 53967-53969 2011-22100 Florida Power Corp., Crystal River Unit No. 3 Nuclear Generating Plant, 53972-53975 2011-22104 Confirmatory Orders:

Professional Service Industries, Inc., Oakbrook Terrace, IL, 53975-53979 2011-22109 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Thermal Hydraulics Phenomena, 53979-53980 2011-22108 Meetings; Sunshine Act, 53980 2011-22267 Requests for Radioactive Waste Import Licenses, 53980-53981 2011-22102 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Resource Centers Metrics, 53885-53886 2011-22044 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Safety Notice:

Transportation of DOT Special Permit Packages in Commerce, 53999-54000 2011-22110 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product and Rate Adjustment, 53982-53983 2011-22057 New Postal Products, 53981-53984 2011-22023 2011-22131 Post Office Closing, 53984-53987 2011-22055 2011-22056 Refugee Refugee Resettlement Office NOTICES Award of Urgent Single-Source Grant to Survivors of Torture International in San Diego, CA: Correction, 53913 2011-22196 Rural Housing Service Rural Housing Service NOTICES Availability of Funds:

Farm Labor Housing Loans and Farm Labor Housing Grants for Off-Farm Housing for Fiscal Year 2011; Correction, 53880-53881 2011-22133 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 53987 2011-22217 Self-Regulatory Organizations; Proposed Rule Changes: Depository Trust Co., 53987-53988 2011-22098 EDGA Exchange, Inc., 53988-53990 2011-22130 EDGX Exchange, Inc., 53990-53993 2011-22134 Social Social Security Administration NOTICES Meetings: Occupational Information Development Advisory Panel, 53993 2011-22147 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:

New Photography 2011; Zhang Dali, Moyra Davey, George Georgiou, Deana Lawson, Doug Rickard, Viviane Sassen, 53993-53994 2011-22142 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53913-53918 2011-22095 2011-22096 2011-22097 Tennessee Tennessee Valley Authority NOTICES Environmental Impact Statements; Availability, etc.: Single Nuclear Unit at the Bellefonte Plant Site, Jackson County, AL, 53994-53996 2011-22079 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Department Transportation Department See Federal Highway Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 54000 2011-22061 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53929-53930 2011-22063 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 53930 2011-22106 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Applications for Compensation; Applications for Pension; Applications for DIC, Death Pension, and/or Accrued Benefits, 54002 2011-22021 Authorization and Certification of Entrance or Reentrance into Rehabilitation and Certification of Status, 54003-54004 2011-22019 Election to Apply Selected Reserve Services to either Montgomery GI Bill—Active Duty or to the Montgomery GI Bill—Selected Reserve, 54001 2011-22018 Joint Application for Comprehensive Assistance and Support Services for Family Caregivers, 54004 2011-22020 National Practitioner Data Bank Regulations, 54001-54002 2011-22015 Nonprofit Research and Education Corporations Data Collection, 54002-54003 2011-22022 Report of Medical, Legal, and Other Expenses Incident to Recovery for Injury or Death, 54004 2011-22016 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 53966 2011-22122 Separate Parts In This Issue Part II National Labor Relations Board, 54006-54050 2011-21724 Part III Interior Department, Fish and Wildlife Service, 54052-54070 2011-21987 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. 76 168 Tuesday, August 30, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 927 [Doc.

No. AMS-FV-11-0070 FV11-927-3 IR] Pears Grown in Oregon and Washington; Assessment Rate Decrease for Processed Pears AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule decreases the assessment rate established for the Processed Pear Committee (Committee) for the 2011-2012 and subsequent fiscal periods from $8.41 to $7.73 per ton of summer/fall processed pears. The Committee locally administers the marketing order which regulates the handling of processed pears grown in Oregon and Washington.

Assessments upon handlers of Oregon-Washington processed pears 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 August 31, 2011. Comments received by October 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 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 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. 927, as amended (7 CFR part 927), regulating the handling of pears grown in Oregon and 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, Oregon-Washington pear 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 summer/fall processed pears 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 $8.41 to $7.73 per ton for summer/fall processed pears handled. The assessment rate for “winter” and “other” pears for processing would remain unchanged at a zero rate. The order provides authority for the Committee, with USDA approval, to formulate an annual budget of expenses and to collect assessments from handlers to administer the processed pear program. The members of the Committee are producers, handlers, and processors of Oregon-Washington processed pears. 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 at a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2009-2010 and subsequent fiscal periods, the Committee unanimously recommended, and USDA approved, the following three base rates of assessment:

(a)$8.41 per ton for any or all varieties or subvarieties of pears for canning classified as “summer/fall”, excluding pears for other methods of processing;

(b)$0.00 per ton for any or all varieties or subvarieties of pears for processing classified as “winter”; and

(c)$0.00 per ton for any or all varieties or subvarieties of pears for processing classified as “other”. The assessment rate for “summer/fall” pears applies only to pears for canning and excludes pears for other methods of processing as defined in § 927.15, which includes pears for concentrate, freezing, dehydrating, pressing, or in any other way to convert pears into a processed product. This rate 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 June 2, 2011, and unanimously recommended 2011-2012 expenditures of $926,933 and an assessment rate of $7.73 per ton for summer/fall processed pears handled. In comparison, last year's budgeted expenditures were $1,038,258. The assessment rate of $7.73 is $0.78 lower than the rate previously in effect. The Committee recommended the assessment rate decrease because the summer/fall processed pear promotion budget was reduced. The major expenditures recommended by the Committee for the 2011-2012 fiscal period include $759,000 for promotion and paid advertising, $117,243 for research programs, $24,000 for contracted administration by Washington State Fruit Commission, and $12,500 for market access and trade policy. In comparison, major expenses for the 2010-2011 fiscal period included $846,500 for promotion and paid advertising, $140,658 for research programs, $24,200 for contracted administration by Washington State Fruit Commission, and $11,400 for market access and trade policy. The Committee based its recommended assessment rate for processed pears on the 2011-2012 summer/fall processed pear crop estimate, the 2011-2012 program expenditure needs, and the current and projected size of its monetary reserve. Applying the $7.73 per ton rate to the Committee's 120,000 ton summer/fall processed pear crop estimate should provide $927,600 in assessment income. Thus, income derived from summer/fall processed pear handler assessments, and interest and other income ($500) would be adequate to cover the recommended $926,933 budget for 2011-2012. Funds in the reserve were $467,501 as of June 30, 2010. The Committee estimates that $98,055 will be added to the reserve for 2010-2011. Thus, the Committee estimates a reserve of $565,556 on June 30, 2011, For 2011-2012, the Committee estimates that $1,167 will be added to the reserve for an estimated reserve of $566,723 on June 30, 2012, which would be within the maximum permitted by the order of approximately one fiscal period's operational expenses (§ 927.42). 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 approximately 1,500 growers of processed pears in the regulated production area and approximately 51 handlers of processed pears subject to regulation under the order. Small agricultural growers are defined by the Small Business Administration

(SBA)(13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,000,000. According to the Noncitrus Fruits and Nuts 2010 Preliminary Summary issued in January 2011 by the National Agricultural Statistics Service, the total farm-gate value of summer/fall processed pears grown in Oregon and Washington for 2010 was $76,427,000. Based on the number of processed pear growers in the Oregon and Washington, the average gross revenue for each grower can be estimated at approximately $50,951. Furthermore, based on Committee records, the Committee has estimated that all of the Northwest pear handlers currently ship less than $7,000,000 worth of processed pears each on an annual basis. From this information, it is concluded that the majority of growers and handlers of Oregon and Washington processed pears may be classified as small entities. There are five processing plants in the production area, with one in Oregon and four in Washington. All five processors would be considered large entities under the SBA's definition of small businesses. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2011-2012 and subsequent fiscal periods from $8.41 to $7.73 per ton for processed pears handled. The Committee unanimously recommended 2011-2012 expenditures of $926,933 and an assessment rate of $7.73 per ton for summer/fall processed pears. The assessment rate of $7.73 is $0.78 lower than the previous rate. The Committee recommended the assessment rate decrease because the summer/fall processed pear promotion budget was reduced. The quantity of assessable processed pears for the 2011-2012 fiscal period is estimated at 120,000 tons. Thus, the $7.73 rate should provide $927,600 in assessment income. Income derived from summer/fall processed pear handler assessments, and interest and other income ($500) would be adequate to cover the budgeted expenses. The major expenditures recommended by the Committee for the 2011-2012 fiscal period include $759,000 for promotion and paid advertising, $117,243 for research programs, $24,000 for contracted administration by Washington State Fruit Commission, and $12,500 for market access and trade policy. In comparison, major expenses for the 2010-2011 fiscal period included $846,500 for promotion and paid advertising, $140,658 for research programs, $24,200 for contracted administration by Washington State Fruit Commission, and $11,400 for market access and trade policy. The Committee discussed alternate rates of assessment, but determined that the recommended assessment rate would be sufficient to fund the 2011-2012 summer/fall processed pear programs. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the Oregon-Washington grower price for the 2011-2012 fiscal period could range between $216 and $283 per ton of processed pears. Therefore, the estimated assessment revenue for the 2011-2012 fiscal period as a percentage of total grower revenue could range between 3.58 and 2.73 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 Oregon-Washington pear industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the June 2, 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. In accordance with the Paperwork Reduction Act of 1991 (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. 0581-0189, Generic Fruit Crops. No changes in those requirements as a result of this action are anticipated. Should any changes become necessary, they would be submitted to OMB for approval. This action imposes no additional reporting or recordkeeping requirements on either small or large Oregon-Washington processed pear 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 Laurel May 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 began on July 1, 2011, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable pears handled during such fiscal period;

(2)this action decreases the assessment rate for assessable processed pears 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 927 Marketing agreements, Pears, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 927 is amended as follows: PART 927—PEARS GROWN IN OREGON AND WASHINGTON 1. The authority citation for 7 CFR part 927 continues to read as follows: Authority: 7 U.S.C. 601-674 . 2. In § 927.237, the introductory text and paragraph

(a)are revised to read as follows: § 927.237 Processed pear assessment rate. On and after July 1, 2011, the following base rates of assessment for pears for processing are established for the Processed Pear Committee:

(a)$7.73 per ton for any or all varieties or subvarieties of pears for canning classified as “summer/fall” excluding pears for other methods of processing; Dated: August 19, 2011. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2011-22115 Filed 8-29-11; 8:45 am]

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