Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-10-04.xml --- 76 192 Tuesday, October 4, 2011 Contents Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rates: Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas, 61249-61251 2011-25493 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service RULES Tuberculosis in Cattle and Bison;

State and Zone Designations: Minnesota, 61253-61254 2011-25688 New Mexico, 61251-61253 2011-25687 NOTICES Importation Authorizations: Dragon Fruit From Thailand, 61340 2011-25489 Importation Authorizations: Fresh Apricot, Sweet Cherry, and Plumcot Fruit from South Africa, 61340-61341 2011-25490 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61362-61364 2011-25495 2011-25621 Meetings:

Advisory Board on Radiation and Worker Health, 61364 2011-25482 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Bundled Payments for Care Improvement Initiative, 61365 2011-25531 Meetings: Advisory Panel on Outreach and Education, 61365-61366 2011-25544 Coast Guard Coast Guard RULES Safety Zones: Annual Firework Displays Within the Captain of the Port, Puget Sound Area of Responsibility, 61263-61266 2011-25344 IJSBA World Finals; Lower Colorado River, Lake Havasu, Arizona, 61261-61263 2011-25547 Monte Foundation Fireworks Extravaganza, Aptos, CA, 61259-61261 2011-25545 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 61369-61370 2011-25543 Meetings: Great Lakes Pilotage Advisory Committee, 61370-61371 2011-25464 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Defense Acquisition Defense Acquisition Regulations System RULES Defense Federal Acquisition Regulation Supplements: Defense Cargo Riding Gang Member, 61279-61282 2011-25233 Definition of Qualifying Country End Product, 61282-61284 2011-25234 PROPOSED RULES Defense Federal Acquisition Regulation Supplements:

Contracting With the Canadian Commercial Corp., 61296-61298 2011-25237 Defense Department Defense Department See Defense Acquisition Regulations System NOTICES Senior Executive Service Performance Review Board; Membership, 61346 2011-25457 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 61346-61347 2011-25782 Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61347-61348 2011-25554 2011-25556 Meetings:

Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities, 61349-61350 2011-25542 Presidents Advisory Commission on Asian Americans and Pacific Islanders, 61348-61349 2011-25466 Employment Standards Employment Standards Administration See Wage and Hour Division Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Liquid-Immersed and Medium- and Low-Voltage Dry-Type Distribution Transformers:

Negotiated Rulemaking Subcommittee/Working Group Meeting, 61288-61289 2011-25499 NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Paducah, 61350 2011-25559 Response to Defense Nuclear Facilities Safety Board Request for Clarification: Safety Culture at the Waste Treatment and Immobilization Plant, 61350-61351 2011-25523 Environmental Protection Environmental Protection Agency RULES Protection of Stratospheric Ozone: Significant New Alternatives Policy Program, 61269-61278 2011-25391 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

West Virginia; Ohio; Determination of Clean Data for 2006 24-Hour Fine Particulate Standard for Steubenville-Weirton Area, 61291-61293 2011-25111 Mandatory Reporting of Greenhouse Gases: Electronics Manufacturing and Petroleum and Natural Gas SystemsTechnical Revisions; Extension of Public Comment Period, 61293-61294 2011-25500 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fuel and Fuel Additives, 61354-61355 2011-25502 Requests for Nominations:

National Drinking Water Advisory Council, 61355 2011-25501 Executive Office of the President See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Honeywell International Inc. TPE331 Model Turboprop Engines With Certain Dixie Aerospace, LLC Main Shaft Bearings, 61255-61257 2011-25481 Amendment to Description of VOR Federal Airway V-299: California, 61257-61258 2011-25415 Revisions of Class E Airspace:

Allakaket, AK, 61258-61259 2011-25160 NOTICES Petitions for Exemption; Summaries of Petitions Received, 61473-61474 2011-25585 2011-25590 2011-25593 Waivers of Aeronautical Land-Use Assurances: Indianapolis International Airport, Indianapolis, IN, 61474-61475 2011-25566 Federal Communications Federal Communications Commission RULES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Communications Common Carriers; Reporting and Record Keeping Requirements, 61279 2011-25586 PROPOSED RULES Programmatic Environmental Assessment, 61295-61296 2011-25576 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 61356-61359 2011-25460 2011-25461 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61359 2011-25434 Federal Election Federal Election Commission RULES When Certain Independent Expenditures Are Publicly Disseminated for Reporting Purposes: Interpretive Rule, 61254-61255 2011-25568 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 61279 C1--2011--15507 PROPOSED RULES Flood Elevation Determinations, 61295 C1--2011--21709 NOTICES All-Hazard Position Task Books for Type 3 Incident Management Teams, 61371-61372 2011-25578 Emergency and Related Determinations:

Connecticut, 61373-61374 2011-25560 Massachusetts, 61374 2011-25552 New Hampshire, 61372-61373 2011-25553 New Jersey, 61373 2011-25581 Pennsylvania, 61372 2011-25549 Major Disaster and Related Determinations: New Jersey, 61374-61375 2011-25564 Vermont, 61375 2011-25573 NIMS Public Works Resources: Typed Resource Definitions, 61376 2011-25575 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 61351-61353 2011-25439 2011-25440 2011-25441 Petitions for Rate Approvals:

Acadian Gas Pipeline System, 61353-61354 2011-25474 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Walton and Bay Counties, FL, 61475-61476 2011-25360 Final Federal Agency Actions on Proposed Highway in Utah, 61476 2011-25459 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 61476-61477 2011-25582 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 61359-61360 2011-25514 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition To List Calopogon oklahomensis, 61307-61321 2011-25530 12-Month Finding on Petition To List Amargosa River Population of Mojave Fringe-toed Lizard, 61321-61330 2011-25561 12-Month Finding on Petition To List Lake Sammamish Kokanee Population of Oncorhynchus nerka, 61298-61307 2011-25595 90-Day Finding on a Petition To List 10 Subspecies of Great Basin Butterflies as Threatened or Endangered With Critical Habitat, 61532-61554 2011-25324 Endangered Status and Designation of Critical Habitat for Spikedace and Loach Minnow, 61330-61339 2011-25083 Endangered Status for the Alabama Pearlshell, et al., With Critical Habitat, 61482-61529 2011-24519 NOTICES Environmental Assessments;

Availability, etc.: Dungeness National Wildlife Refuge Comprehensive Conservation Plan, Clallam County, WA, 61378-61379 2011-25317 Final Recovery Plans: Bexar County Karst Invertebrates, Texas, 61379 2011-25483 Food and Drug Food and Drug Administration NOTICES Food and Drug Administration Transparency Initiative; Availability: Draft Proposals To Increase Transparency by Promoting Greater Access to the Agency's Compliance and Enforcement Data, 61366-61367 2011-25354 Medical Device User Fee and Modernization Act:

Web Site Location of Fiscal Year 2012 Proposed Guidance Development, 61367-61368 2011-25507 Meetings: International Conference on Harmonization Steering Committee and Expert Working Group Meetings, 61368-61369 2011-25480 Foreign Trade Foreign-Trade Zones Board NOTICES Temporary/Interim Manufacturing Authority; Approvals: Foreign-Trade Zone 72, Brevini Wind USA, Inc., 61342 2011-25533 General Services General Services Administration NOTICES Environmental Impact Statements; Availability, etc.:

Foreign Affairs Security Training Center; Public Scoping Meetings, 61360 2011-25458 Grain Inspection Grain Inspection, Packers and Stockyards Administration PROPOSED RULES United States Standards for Barley, 61287 2011-25468 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration PROPOSED RULES Designation of Medically Underserved Populations and Health Professional Shortage Areas:

Meetings; Negotiated Rulemaking Committee, 61294-61295 2011-25465 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61360-61361 2011-25143 Findings of Research Misconduct, 61361-61362 2011-25537 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency PROPOSED RULES Treatment of Aliens Whose Employment Creation Immigrant (EB-5) Petitions Were Approved After January 1, 1995 and Before August 31, 1998; Correction, 61288 2011-25463 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Tribal Colleges and University Programs, 61376-61377 2011-25574 Buy American Exceptions Under the American Recovery and Reinvestment Act of 2009, 61377-61378 2011-25577 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Amended Final Results: Magnesium Metal From the Russian Federation, 61342-61343 2011-25532 Antidumping Duty Orders;

Final Results of the Expedited Third Five-Year Sunset Reviews: Certain Helical Spring Lock Washers From Taiwan and the People's Republic of China, 61343-61344 2011-25594 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: COPS Application Package, 61383-61384 2011-25485 Lodgings of Consent Decrees Under Clean Water Act, 61384 2011-25450 Labor Department Labor Department See Labor Statistics Bureau See Wage and Hour Division NOTICES Initial Determinations:

Revising List of Products Requiring Federal Contractor Certification as to Forced/Indentured Child Labor, 61384-61386 2011-24622 Labor Statistics Labor Statistics Bureau NOTICES Meetings: Data Users Advisory Committee, 61386 2011-25402 Land Land Management Bureau NOTICES Meetings: Las Cruces District Resource Advisory Council, 61379-61380 2011-25496 Proposed Reinstatement of Terminated Oil and Gas Lease WYW163268, Wyoming, 61380 2011-25372 Proposed Reinstatement of Terminated Oil and Gas Lease WYW163269,Wyoming, 61380 2011-25369 Proposed Reinstatement of Terminated Oil and Gas Lease WYW163275:

Wyoming, 61380-61381 2011-25376 Proposed Reinstatement of Terminated Oil and Gas Lease WYW163276,Wyoming, 61381 2011-25370 Proposed Reinstatement of Terminated Oil and Gas Lease WYW163277, 61381 2011-25396 Proposed Reinstatement of Terminated Oil and Gas Lease WYW163278, Wyoming, 61381-61382 2011-25377 Proposed Reinstatement of Terminated Oil and Gas Lease WYW163280, Wyoming, 61382 2011-25395 Millenium Millennium Challenge Corporation NOTICES Determination Criteria and Methodology:

Eligibility of Candidate Countries for Assistance in Fiscal Year 2011, 61386-61391 2011-25540 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Exemptions From Vehicle Theft Prevention Standards: Volkswagen Group of America, 61477-61478 2011-25541 National Oceanic National Oceanic and Atmospheric Administration RULES Accountability Measures and Reduced Season for the South Atlantic Recreational Sector: Golden Tilefish for the 2011 Fishing Year, 61284-61285 2011-25536 Fisheries of Caribbean, Gulf of Mexico, and South Atlantic:

South Atlantic Snapper-Grouper Fishery; 2011-2012 Accountability Measures for Recreational Black Sea Bass, 61285-61286 2011-25562 NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 61344-61345 2011-25558 Meetings: New England Fishery Management Council, 61345 2011-25419 Permits: Marine Mammals; File No. 16094, 61345-61346 2011-25557 National Park National Park Service RULES Special Regulations for Bicycle Routes, Fishing and Vessels: Grand Teton National Park, 61266-61269 2011-25394 NOTICES National Register of Historic Places;

Pending Nominations and Related Actions, 61382 2011-25467 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 61391 2011-25462 Applications and Amendments to Facility Operating Licenses Involving No Significant Hazards Considerations, 61391-61401 2011-25492 Atomic Safety and Licensing Board Hearings: Nuclear Innovation North America LLC, South Texas Project Units 3 and 4, 61401-61402 2011-25488 Draft Fiscal Year 2012-2016 Strategic Plan;

Availability, 61402-61403 2011-25491 Meetings; Sunshine Act, 61403 2011-25683 Office of United States Trade Representative See Trade Representative, Office of United States Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 61403-61406 2011-25486 2011-25503 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 61406 2011-25622 Presidio Presidio Trust NOTICES Meetings: Board of Directors, 61406 2011-25487 Public Debt Public Debt Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 61479 2011-25516 Reclamation Reclamation Bureau NOTICES Meetings: Colorado River Basin Salinity Control Advisory Council, 61382-61383 2011-25620 Rural Business Rural Business-Cooperative Service NOTICES Maximum Loan Amount Available for B and I Guaranteed Loans in Fiscal Year 2012, 61341-61342 2011-25563 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 61406 2011-25659 Self-Regulatory Organizations: Municipal Securities Rulemaking Board, 61407-61411 2011-25478 Self-Regulatory Organizations;

Proposed Rule Changes: BATS Exchange, Inc., 61432-61435, 61466-61469 2011-25510 2011-25518 C2 Options Exchange, Inc., 61453-61457 2011-25526 Chicago Board Options Exchange, Inc., 61447-61450 2011-25528 Chicago Stock Exchange, Inc., 61460-61463 2011-25524 EDGA Exchange, Inc., 61425-61428 2011-25512 EDGX Exchange, Inc., 61444-61447 2011-25529 Financial Industry Regulatory Authority, Inc., 61429-61432 2011-25511 International Securities Exchange, LLC, 61438-61441 2011-25508 NASDAQ OMX BX, Inc., 61435-61438 2011-25509 NASDAQ OMX PHLX LLC, 61413-61416, 61419-61422 2011-25476 2011-25515 NASDAQ Stock Market LLC, 61441-61444 2011-25505 Nasdaq Stock Market LLC, 61416-61419 2011-25517 National Stock Exchange, Inc., 61450-61453 2011-25527 New York Stock Exchange LLC, 61457-61460 2011-25525 NYSE Amex LLC, 61422-61425, 61469-61472 2011-25477 2011-25513 NYSE Arca, Inc., 61411-61413, 61463-61466 2011-25475 2011-25519 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:

The Game of Kings—Medieval Ivory Chessmen from the Isle of Lewis, 61472 2011-25534 Determinations: Foreign Military Financing for Lebanon, 61472 2011-25535 Trade Representative Trade Representative, Office of United States NOTICES Revised Fiscal Year 2011 Tariff-rate Quota Allocations for Refined Sugar, 61472-61473 2011-25555 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Public Debt Bureau NOTICES Meetings:

President's Council on Jobs and Competitiveness, 61478-61479 2011-25437 Wage Wage and Hour Division PROPOSED RULES Child Labor Violations—Civil Money Penalties: Child Labor Regulations, Orders and Statements of Interpretation; Public Hearing, 61289-61291 2011-25472 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 61482-61529 2011-24519 Part III Interior Department, Fish and Wildlife Service, 61532-61554 2011-25324 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. 76 192 Tuesday, October 4, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 906 [Doc. No. AMS-FV-11-0057; FV11-906-1 FR] Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas;

Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Texas Valley Citrus Committee (Committee) for the 2011-12 and subsequent fiscal periods from $0.12 to $0.14 per 7/10-bushel carton or equivalent of oranges and grapefruit handled. The Committee locally administers the marketing order which regulates the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas.

Assessments upon orange and grapefruit handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* October 5, 2011. FOR FURTHER INFORMATION CONTACT: Belinda G. Garza, Regional Manager, Texas Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Programs, AMS, USDA; *Telephone:*

(956)632-5330, Fax:

(956)632-5358, or *E-mail: Belinda.Garza@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Laurel May, Marketing Order Administration Division, 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 Agreement and Order No. 906, as amended (7 CFR part 906), regulating the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas, 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, orange and grapefruit handlers in the Lower Rio Grande Valley 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 oranges and grapefruit beginning on August 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 increases the assessment rate established for the Committee for the 2011-12 and subsequent fiscal periods from $0.12 to $0.14 per 7/10-bushel carton or equivalent of oranges and grapefruit handled. The Texas orange and grapefruit 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 Texas oranges and grapefruit. 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 2004-05 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 June 9, 2011, and unanimously recommended 2011-12 expenditures of $1,224,037 and an assessment rate of $0.14 per 7/10-bushel carton or equivalent of oranges and grapefruit handled. In comparison, last year's budgeted expenditures were $1,109,037. The assessment rate of $0.14 is $0.02 higher than the rate currently in effect. The Committee recommended a higher assessment rate due to an expected smaller crop and an increase in budgeted expenses. Budgeted expenses were increased to provide additional funding for the Committee's Mexican fruit fly program, and also to fund a Federal Agriculture Improvement Reform

(FAIR)review analysis to be conducted next fiscal period. In 1996, Congress mandated that every five years commodity boards established under the oversight of the Secretary of Agriculture pursuant to a commodity promotion law should fund an independent evaluation of the effectiveness of their generic promotion program, which is now commonly known as a FAIR review. The Committee projected a reduced crop of 8,750,000 7/10-bushel carton equivalents, which would be 289,137 7/10-bushel carton equivalents less than the 9,039,137 7/10-bushel carton equivalents handled during the 2010-11 fiscal period. Furthermore, due to severe cuts in the State of Texas' budget, the Texas Department of Agriculture requested the citrus industry's assistance in funding a Mexican fruit fly trapping program, which is essential to the industry's well-being. Based on a decreased crop estimate and anticipated expenditure increases, the Committee unanimously recommended that the assessment rate of $0.12 currently in effect be increased by $0.02. Income derived from handler assessments and interest should be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2011-12 fiscal period include $479,000 for the Mexican fruit fly support, trapping, and bait spray programs; $425,000 for promotion; and $250,737 for management, administration, and compliance oversight. In comparison, major expenditures for these items in 2010-11 (last fiscal period) were $229,000, $600,000, and $246,737, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenditures by estimated shipments of Texas oranges and grapefruit. As mentioned earlier, orange and grapefruit shipments for the 2011-12 fiscal period are estimated at 8.75 million 7/10-bushel carton equivalents, which should provide $1,225,000 in assessment income. Income generated through the $0.14 assessment rate and interest would be more than sufficient to meet anticipated expenses ($1,224,037). Reserve funds at the end of 2011-12 are projected at $283,774, well below one fiscal period's expenses, which would be within the maximum reserve amount permitted under the order (§ 906.35). 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 will be in effect 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 2011-12 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act

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

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 177 producers of oranges and grapefruit in the production area and approximately 12 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration

(SBA)(13 CFR 121.201) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,000,000. An updated Texas citrus industry profile shows that 6 of the 12 handlers (50 percent) would be considered large businesses under SBA's definition, and the remaining 6 handlers (50 percent) would be considered small businesses. Of the approximately 177 producers within the production area, few have sufficient acreage to generate sales in excess of $750,000. Thus, half of the handlers and the majority of producers of Texas oranges and grapefruit may be classified as small entities. This rule increases the assessment rate established for the Committee and collected from handlers for the 2011-12 and subsequent fiscal periods from $0.12 to $0.14 per 7/10-bushel carton or equivalent of oranges and grapefruit. The Committee unanimously recommended 2011-12 expenditures of $1,224,037 and an assessment rate of $0.14 per 7/10-bushel carton or equivalent handled. The quantity of assessable oranges and grapefruit for the 2011-12 fiscal period is estimated at 8.75 million 7/10-bushel carton equivalents. Thus, the $0.14 assessment rate should provide $1,225,000 in assessment income which should be sufficient to meet anticipated expenses. The major expenditures recommended by the Committee for the 2011-12 fiscal period include $479,000 for the Mexican Fruit Fly support, trapping, and bait spray programs; $425,000 for promotion; and $250,737 for management, administration, and compliance oversight. Major expenditures for these items in 2010-11 were $229,000, $600,000, and $246,737, respectively. The increased assessment rate recommended by the Committee was due to a reduced crop estimate (8.75 million 7/10-bushel carton equivalents of oranges and grapefruit), and an increase in budgeted expenditures to provide additional funding for the Mexican fruit fly program and a FAIR analysis. With anticipated assessment income of $1,225,000, and anticipated expenditures of $1,224,037, funds in the reserve would be kept within the maximum of one fiscal period's expenses permitted by the order (§ 906.35). In arriving at its recommended budget, the Committee considered alternative expenditure levels based upon the relative need of the Mexican fruit fly trapping and promotion programs to the Texas citrus industry. The assessment rate of $0.14 per 7/10-bushel carton equivalent was then determined by dividing the total recommended budget by the quantity of assessable oranges and grapefruit, estimated at 8.75 million 7/10 bushel carton equivalents for the 2011-12 fiscal period. Considering assessment revenue and interest, total revenue would be approximately $2,463 above the anticipated expenses, which the Committee determined to be acceptable. A review of historical information from recent seasons (2008-2010) and preliminary information pertaining to the current fiscal period indicates that the season average packinghouse door price for the 2011-12 fiscal period could likely range from $6.24 to $8.23 per 7/10-bushel carton equivalent of Texas oranges, and from $10.90 to $15.55 for Texas grapefruit. Therefore, the estimated assessment revenue for the 2011-12 fiscal period as a percentage of total grower (packinghouse door) revenue could range between 1.7 and 2.2 percent for oranges and between 0.9 and 1.3 percent for grapefruit. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived by the operation of the order. In addition, the Committee's meeting was widely publicized throughout the Texas orange and grapefruit 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 9, 2011, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. 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. 0581-0189 (Generic Fruit Crops—Mandatory). 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 rule imposes no additional reporting or recordkeeping requirements on either small or large Texas orange and grapefruit 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. 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. A proposed rule concerning this action was published in the **Federal Register** on August 10, 2011 (76 FR 49381). Copies of the proposed rule were also mailed or sent via facsimile to all orange and grapefruit handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 10-day comment period ending August 22, 2011, was provided for interested persons to respond to the proposal. No comments were received. 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 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 2011-12 fiscal period began on August 1, 2011, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable oranges and grapefruit handled during such fiscal period;

(2)the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; and

(3)handlers are aware of this rule which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years. Also, a 10-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 906 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 906 is amended as follows: PART 906—ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS 1. The authority citation for 7 CFR part 906 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 906.235 is revised to read as follows: § 906.235 Assessment rate. On and after August 1, 2011, an assessment rate of $0.14 per 7/10-bushel carton or equivalent is established for oranges and grapefruit grown in the Lower Rio Grande Valley in Texas. Dated: September 29, 2011. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2011-25493 Filed 10-3-11; 8:45 am]

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