Unknown. Final rule

5,194 words·~24 min read·/register/2011/12/23/2011-32928·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-12-23.xml --- 76 247 Friday, December 23, 2011 Contents Agricultural Marketing Agricultural Marketing Service RULES Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 3, 80211-80214 2011-32927 National Dairy Promotion and Research Program, 80214-80217 2011-32931 Reporting Requirements: Kiwifruit Grown in California, 80209-80211 2011-32928 PROPOSED RULES General Specifications for Dairy Plants Approved for Inspection and Grading Service, 80280-80282 2011-32925 Revision of Cotton Classification Procedures for Determining Cotton Leaf Grade, 80278-80280 2011-32926 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Food Safety and Inspection Service See Foreign Agricultural Service See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Firearms Transaction Record, Part 1, Over-the-Counter, 80404-80405 2011-32985 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act: American Society of Mechanical Engineers, 80406 2011-32976 Interchangeable Virtual Instruments Foundation, Inc., 80405 2011-32992 PXI Systems Alliance, Inc., 80405-80406 2011-32994 Army Army Department See Engineers Corps Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-33098 80372-80373 2011-33101 Coast Guard Coast Guard RULES Security Zones: Kailua Bay, Oahu, HI, 80251-80253 2011-33017 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions, 80345 2011-32930 Procurement List; Proposed Additions, 80346 2011-32929 Commodity Futures Commodity Futures Trading Commission RULES Amendment to July 14, 2011 Order for Swap Regulation, 80233-80241 2011-32841 Registration of Foreign Boards of Trade, 80674-80723 2011-31637 Defense Department Defense Department See Engineers Corps Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Registration, Application for Registration Renewal, Affidavit for Chain Renewal, 80406-80407 2011-32903 Education Education Department NOTICES Applications for New Awards:

Indian Education Formula Grants to Local Educational Agencies, 80351-80354 2011-33004 Indian Education; Demonstration Grants for Indian Children, 80347-80351 2011-33001 Employment and Training Employment and Training Administration NOTICES Change in Status of Payable Periods: Emergency Unemployment Compensation 2008 Program for Texas, 80407 2011-32881 Funding Opportunities: Workforce Innovation Fund Grants, 80407-80408 2011-32995 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Energy Efficiency and Renewable Energy Advisory Committee, 80355 2011-32912 Environmental Management Site-Specific Advisory Board, Nevada, 80354-80355 2011-32910 Environmental Management Site-Specific Advisory Board, Paducah, 80355-80356 2011-32913 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Proposed Berths 302-306 American President Lines Container Terminal Project, Port of Los Angeles, Los Angeles County, CA, 80346-80347 2011-32955 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans:

Redesignation of the Ohio and Indiana Portions of the Cincinnati-Hamilton 1997 Annual Fine Particulate Matter Area to Attainment, 80253-80261 2011-32818 Mandatory Reporting of Greenhouse Gases: Technical Revisions to Petroleum and Natural Gas Systems Category, 80554-80595 2011-31532 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing; Amendments, 80261-80266 2011-32835 PROPOSED RULES Commercial and Industrial Solid Waste Incineration Units:

Non-Hazardous Secondary Materials; Reconsideration, 80452-80530 2011-31648 National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers, 80532-80552 2011-31644 National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters, 80598-80672 2011-31667 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing, 80314-80318 2011-32830 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Cooling Water Intake Structures New Facility, 80363-80364 2011-32953 Establishing No-Discharge Zones Under Clean Water Act, 80360-80361 2011-32956 Fuel Quality Regulations for Diesel Fuel Sold in 2001 and Later Years, etc., 80362-80363 2011-32960 National Pretreatment Program, 80361-80362 2011-32961 NSPS for Petroleum Refineries, 80358-80360 2011-32951 NSPS for Primary and Secondary Emissions from Basic Oxygen Furnaces, 80364-80366 2011-32949 Clean Water Act:

Total Maximum Daily Load in Louisiana; Availability, 80366 2011-33005 Environmental Assessment and Finding of No Significant Impact; Availability, 80366-80367 2011-32945 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 80367-80368 2011-32944 Meetings: Science Advisory Board Biogenic Carbon Emissions Panel Teleconference, 80368-80369 2011-33003 Science Advisory Board Libby Amphibole Asbestos Review Panel, 80368 2011-33000 Waivers of Buy American Requirements to the American Recovery and Reinvestment Act:

Sussex County, DE, 80369-80371 2011-33015 Executive Office of the President See Presidential Documents See Science and Technology Policy Office Farm Service Farm Service Agency RULES Amending Rural Business Investment Program, 80217-80226 2011-32570 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Turbomeca Turboshaft Engines, 80228-80230 2011-32890 Amendment of Class D and E Airspace: Baltimore, MD; Correction, 80230 2011-32847 Amendment of Class E Airspace:

Huntington, WV, 80230-80231 2011-32803 Establishment of Class D and E Airspace and Amendment of Class E: Punta Gorda, FL, 80231-80232 2011-32849 Establishment of Class E Airspace: Oneonta, AL, 80232-80233 2011-32854 NOTICES Meetings: RTCA Special Committee 219; Attitude and Heading Reference Systems, 80447 2011-32855 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 2011-32883 80356-80358 2011-32884 2011-32885 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions on Proposed Highways in Montana, 80447-80448 2011-32893 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 80371 2011-32872 Fish Fish and Wildlife Service NOTICES Endangered Species Permit Applications, 80384-80385 2011-32876 Environmental Impact Statements; Availability, etc.: Proposed Maricopa Sun Solar Complex Multi-Species Habitat Conservation Plan, Kern County, CA, 80385-80387 2011-32894 Food Safety Food Safety and Inspection Service NOTICES 2012 Rate Changes for the Basetime, Overtime, Holiday, and Laboratory Services Rates, 80326-80327 2011-32875 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Voluntary Recalls of Meat and Poultry Products, 80327-80328 2011-32871 Foreign Agricultural Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80329 2011-32924 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Reorganization and Expansion under Alternative Site Framework: Foreign-Trade Zone 99, Wilmington, DE, 80331 2011-32936 Applications for Expansion: Mercury Marine, Foreign-Trade Subzone 41H, Fond du Lac and Oshkosh, WI, 80331-80332 2011-32991 Expansion of Manufacturing Authority:

Amgen Manufacturing Limited, Foreign-Trade Zone 7, Mayaguez, Puerto Rico, 80332-80333 2011-32937 Proposed Foreign-Trade Zone Under Alternative Site Framework: Miami, FL, 80333 2011-32938 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grazing Permit Administration Forms, 80329-80331 2011-32965 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Indian Health Service See National Institutes of Health NOTICES Findings of Research Misconduct, 80371-80372 2011-32914 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Additional On-Site Data Collection for the Housing Choice Voucher Program, 80377-80378 2011-32964 Inspector Candidate Assessment Questionnaire, 80376-80377 2011-32950 Self-Help Homeownership Opportunity Program, 80377 2011-32969 Federal Property Suitable as Facilities to Assist the Homeless, 80378-80384 2011-32553 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Law and Order on Indian Reservations, Marriage and Dissolution Applications, 80387-80388 2011-32896 Indian Health Indian Health Service NOTICES Project Waivers of the American Recovery and Reinvestment Act, 80373-80374 2011-32782 Industry Industry and Security Bureau PROPOSED RULES Revisions to the Export Administration Regulations: Control of Submersible Vessels, Oceanographic Equipment and Related Articles that No Longer Warrant Control under the United States Munitions List, 80291-80302 2011-32868 Control of Vessels of War and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List, 80282-80291 2011-32867 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES Use of Differential Income Stream as Consideration in Assessing Best Method, 80249-80251 2011-32728 PROPOSED RULES Use of Differential Income Stream as Application of Income Method and as Consideration in Assessing Best Method, 80309-80310 2011-32730 International Trade Adm International Trade Administration NOTICES Extension of Time Limits for the Preliminary Results of Antidumping Duty New Shipper Review:

Seamless Refined Copper Pipe and Tube from Mexico, 80333-80334 2011-32993 Medical Trade Mission to India; Mumbai, New Delhi and Hyderabad, 80334-80336 2011-32966 Rescission of Antidumping Duty New Shipper Review: Uncovered Innerspring Units from the People's Republic of China, 80337-80338 2011-32940 Secretarial India Infrastructure Business Development Mission, 80338-80342 2011-32970 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings:

Certain Personal Data and Mobile Communications Devices and Related Software, 80402-80403 2011-32869 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Alien's Change of Address Form, 80403 2011-32904 Lodging of Consent Decrees Under CERCLA, 80403-80404 2011-32870 Lodging of Consent Decrees Under the Clean Air Act, 80404 2011-32974 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Filing of Plats of Survey:

Idaho, 80388 2011-32897 National Credit National Credit Union Administration RULES Technical Amendments, 80226-80227 2011-32886 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 80374-80375 2011-32968 2011-32979 National Institute on Deafness and Other Communication Disorders, 80375 2011-32972 National Oceanic National Oceanic and Atmospheric Administration RULES Central Regulatory Area of the Gulf of Alaska: Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component, 80266-80267 2011-32932 PROPOSED RULES Fisheries of the Northeastern United States:

Northeast Multispecies Fishery Management Plan; Secretarial Amendment, 80318-80325 2011-32996 NOTICES Environmental Impact Statements; Availability, etc.: Coastal Zone Management Program; Illinois, 80342-80343 2011-32898 Meetings: Gulf of Mexico Fishery Management Council, 80343-80344 2011-32957 2011-32958 Pacific Fishery Management Council, 80344 2011-32959 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Little Bighorn Battlefield National Monument, Crow Agency, MT, 80388-80392 2011-33013 2011-32975 2011-33008 2011-33010 Inventory Completions:

Alaska State Office, Bureau of Land Management, Anchorage, AK, 80394-80395 2011-33016 Field Museum of Natural History, Chicago, IL, 80393-80394 2011-32963 Minnesota Indian Affairs Council, Bemidji, MN, 2011-32967 2011-32971 2011-32977 80395-80401 2011-32980 University of Denver Department of Anthropology and Museum of Anthropology, Denver, CO; Correction, 80401-80402 2011-32946 University of Michigan Museum of Anthropology, Ann Arbor, MI, 80392-80393 2011-32954 National Telecommunications National Telecommunications and Information Administration NOTICES Privacy Act;

Systems of Records, 80344-80345 2011-32942 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Operation of Watts Bar Nuclear Plant, Unit 2, Tennessee Valley Authority, 80409-80410 2011-32909 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Radiation Protection and Nuclear Materials, 80410 2011-32907 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Addendum to the Memorandum of Understanding:

Oak Ridge, TN Facilities, 80408-80409 2011-32857 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Special Withdrawal Liability Rules: Cultural Institutions Pension Plan, 80410-80411 2011-32962 Personnel Personnel Management Office PROPOSED RULES Pay for Senior-Level and Scientific or Professional Positions, 80268-80278 2011-32939 NOTICES Meetings: National Council on Federal Labor-Management Relations, 80412 2011-32882 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 80312-80314 2011-32906 NOTICES New Postal Products, 80412-80413 2011-32900 Post Office Closings, 80413-80417 2011-32901 2011-32902 2011-32905 Postal Service Postal Service NOTICES Meetings;

Sunshine Act, 80417 2011-33026 Presidential Documents Presidential Documents EXECUTIVE ORDERS Government Agencies and Employees: Rates of Pay; Adjustment (EO 13594), 80191-80203 2011-33087 Women, Peace, and Security, National Action Plan on; Institution (EO 13595), 80205-80207 2011-33089 Rural Business Rural Business-Cooperative Service RULES Amending Rural Business Investment Program, 80217-80226 2011-32570 Rural Housing Service Rural Housing Service RULES Amending Rural Business Investment Program, 80217-80226 2011-32570 Rural Utilities Rural Utilities Service RULES Amending Rural Business Investment Program, 80217-80226 2011-32570 Science Technology Science and Technology Policy Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Public Access to Digital Data Resulting from Federally Funded Scientific Research, 80417-80418 2011-32947 Requests for Information: Public Access to Peer-Reviewed Scholarly Publications Resulting from Federally Funded Research, 80418-80420 2011-32943 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 80420-80424 2011-32915 2011-32916 2011-32917 2011-32918 2011-32919 2011-32920 2011-32921 Applications:

Highland Capital Management, LP, et al., 80424-80430 2011-32935 Rio Tinto PLC and Rio Tinto Ltd, 80430-80433 2011-32922 Intention to Cancel Registrations: Royal Oak Capital Management, LLC, 80433 2011-32899 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 80442-80445 2011-32888 2011-32889 New York Stock Exchange LLC, 80445-80446 2011-32879 NYSE Arca, Inc., 80433-80442 2011-32878 Small Business Small Business Administration NOTICES Disaster Declarations:

California, 80446-80447 2011-32952 Iowa; Amendment 1, 80446 2011-32948 Social Social Security Administration RULES Rules of Conduct and Standards of Responsibility for Representatives, 80241-80248 2011-32923 State Department State Department PROPOSED RULES Amendments to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category VI, 80302-80305 2011-32865 Revision of U.S. Munitions List Category XX, 80305-80308 2011-32866 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Wyoming Regulatory Program, 80310-80312 2011-32978 Surface Transportation Surface Transportation Board NOTICES Quarterly Rail Cost Adjustment Factor, 80448 2011-32874 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Screening Requirements for Carriers, 80375-80376 2011-32891 Veteran Affairs Veterans Affairs Department NOTICES Meetings: VASRD Forum, Improving Disability Evaluation Criteria for Neurological Conditions and Convulsive Disorders, etc., 80448-80449 2011-32892 Separate Parts In This Issue Part II Environmental Protection Agency, 80452-80530 2011-31648 Part III Environmental Protection Agency, 80532-80552 2011-31644 Part IV Environmental Protection Agency, 80554-80595 2011-31532 Part V Environmental Protection Agency, 80598-80672 2011-31667 Part VI Commodity Futures Trading Commission, 80674-80723 2011-31637 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. 76 247 Friday, December 23, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 920 [Doc. No. AMS-FV-11-0041; FV11-920-1 FR] Kiwifruit Grown in California; Change in Reporting Requirements and New Information Collection AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule changes the reporting requirements currently prescribed under the marketing order that regulates the handling of kiwifruit grown in California. The order is administered locally by the Kiwifruit Administrative Committee (Committee). This rule requires handlers to file two new end-of-season reports with the Committee. One report contains price and handler shipment information and the other report contains grower shipment information.

The Committee uses this information to determine appropriate grower representation on the Committee, to conduct grower nominations, to verify shipments for assessment collections, and to prepare the annual report and the annual marketing policy, as required under the order. DATES: *Effective Date:* December 24, 2011. FOR FURTHER INFORMATION CONTACT: Kathie M. Notoro, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Programs, AMS, USDA;

Telephone:

(559)487-5901, Fax:

(559)487-5906, or Email: *Kathie.Notoro@ams.usda.gov* or *Kurt.Kimmel@ams.usda.gov.* Small businesses may request information on complying with this regulation by contacting Laurel May, Marketing Order and Agreement 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 Email: * Laurel.May@ams.usda.gov.* SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Order No. 920 as amended (7 CFR part 920), regulating the handling of kiwifruit grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. 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. A 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 final rule adds two new reporting requirements and two new forms to those currently specified in the order's administrative rules and regulations. These changes allow the Committee to collect annual, end-of-season price, shipment, and grower information (grower entity/farm name, mailing address, location of farm by county, shipments by pack style, and acreage) from all kiwifruit handlers. Under this regulation, both reports are due from each handler within 30 days after such handler has completed current season shipments. The Committee will use this information to determine appropriate grower representation on the Committee, to conduct grower nominations, to verify shipments for assessment collections, and to prepare the annual report and the annual marketing policy, as required under the order. This rule was unanimously recommended by the Committee at a meeting on March 17, 2011. Section 920.12 of the order defines the Districts within the production area, and Section 920.20 provides, in part, that “* * * district representation on the committee shall be based upon the previous five-year average production in the district and shall be established so as to provide an equitable relationship between membership and districts.” Section 920.22 of the order defines the nomination procedures, allowing for nominations to be conducted via mail, and provides that growers are eligible to participate in nominations in the district they produce kiwifruit. Section 920.34 of the order requires that the Committee prepare an annual report for presentation to the Secretary and the industry. The annual report provides a cumulative review of industry statistics as well as information about program activities and expenditures. Section 920.41 of the order provides authority to assess each person who first handles kiwifruit a pro rata share of the expenses which are reasonable and likely to be incurred by the Committee during a fiscal period. Section 920.50 of the order requires the Committee to prepare an annual marketing policy for submission to the Secretary. The marketing policy describes expected kiwifruit production, quality, and marketing conditions. Along with other pertinent information, the marketing policy provides the basis for the recommendation of appropriate kiwifruit handling regulations for the upcoming season. Section 920.60 of the order authorizes the Committee to require handlers to file reports and provide other information as may be necessary for the Committee to perform these duties. Section 920.61 (Compliance) of the order provides that all handlers must conform to the provisions and regulations set forth in the order, and the Committee is to verify handler compliance with order provisions. The Committee's current reporting requirements are specified in § 920.160 of the order's administrative rules and regulations. This section currently requires that handlers submit:

(1)A report of shipment and inventory data which provides monthly data regarding the reporting period, name and identification of the shipper, and the number of containers by type and weight by shipment destination category of all kiwifruit;

(2)a Kiwifruit Inventory Shipping System

(KISS)form, which consists of three sections: KISS/Add Inventory, KISS/Deduct Inventory, and KISS/Shipment and which provides beginning inventory by size and container type, quantity of the fruit lost in repack or repacked into other container types, total domestic and export shipments by size and container type; and any other adjustments which increase or decrease handler inventory;

(3)a Return Receipt of Kiwifruit to Grower Form which reports fruit returned by a handler to a grower(s); and

(4)a KISS Price/Shipment report which contains handler information, reporting period, total fresh market shipments, and gross f.o.b. sales of non-organic kiwifruit by pack style and size. Since 1984, the California Kiwifruit Commission (Commission) has collected end-of-season price, shipment, and grower information (grower entity/farm name, mailing address, location of farm by county, shipments by pack style, and acreage), on organic and non-organic kiwifruit via two Commission forms. The Commission has, through an agreement, shared this information with the Committee. The Committee previously used the majority of this information to determine appropriate grower representation on the Committee, to conduct grower nominations, to verify shipments for assessment collections, and to prepare the annual report and the annual marketing policy under the order. The Commission ceased to exist as of September 30, 2011. Thus, the Committee no longer has access to this previously shared information. As the current reporting requirements under the order make no provisions for collecting end-of-season information previously provided by the Commission, and as the Committee would need this information from all handlers, including organic handlers, the Committee unanimously recommended adding these new reporting requirements and two new forms, the End-of-Season F.O.B. Sales Report and the Final Packout Report, to § 920.160 of the order's administrative rules and regulations. Under this final rule, § 920.160 is revised by adding two new reporting requirements and two new forms, due by each handler (organic and non-organic) within 30 days after such handler has completed current season shipments. Kiwifruit shipments generally begin in September and continue through July. The information collected on the End-of-Season F.O.B. Sales Report includes data on gross f.o.b. sales value and number of containers for fresh market shipments by fruit size and pack style for the season. The information collected on the Final Packout Report includes containers shipped by pack style for fresh market shipments, for each grower entity during the season. The report also includes the grower entity and farm name, mailing address, the county where the farm is located, and total acreage. Both reports also show the company name, contact person, and phone number of the handler. The information obtained from both of the two new reports provides data to determine appropriate representation on the Committee, to conduct grower nominations, to verify shipments for assessment collections, and to prepare the annual report and annual marketing policy. Section 8e of the Act provides that when certain domestically produced commodities, including kiwifruit, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. This rule only changes the reporting requirements under the domestic handling regulations. No changes to the import regulations will be made. 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. Small agricultural service firms are defined by the Small Business Administration

(SBA)(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. Based on Committee data, there are approximately 27 handlers of kiwifruit subject to regulation under the marketing order and approximately 176 kiwifruit growers in the production area. The California Agricultural Statistical Service

(CASS)reported total California kiwifruit production for the 2010-11 season at 32,700 tons with an average price of $768 per ton. Based on the average price, shipment, and grower information provided by the CASS and the Committee, it could be concluded that the majority of kiwifruit handlers would be considered small businesses under the SBA definition. In addition, based on kiwifruit production and price information, as well as the total number of California kiwifruit growers, the average annual grower revenue is less than $750,000. Thus, the majority of California kiwifruit producers may also be classified as small entities. This final rule changes the reporting requirements currently prescribed under the order. This rule revises § 920.160 by adding two new reporting requirements and two new forms, due by handlers within 30 days after such handler has completed current season shipments. The information collected on the End-of-Season F.O.B. Sales Report includes data on gross f.o.b. sales value and number of containers for fresh market shipments by fruit size and pack style for the season. The information collected on the Final Packout Report includes containers shipped by pack style for fresh market shipments, for each grower entity during the season. The report also includes the grower entity and farm name, mailing address, the county where the farm is located, and total acreage. Both reports also show the company name, contact person, and phone number of the handler. The information obtained from both of the two new reports provides data to determine appropriate grower representation on the Committee, to conduct grower nominations, to verify shipments for assessment collections, and to prepare the annual report and annual marketing policy. This final rule revises § 920.160, which specifies the reporting requirements. Requiring the price, shipment, and grower information at the end of the season imposes a minor increase in the reporting burden on all kiwifruit handlers. As this data was previously provided to the Commission and shared with the Committee, these two annual end-of-season reports do not significantly increase the handlers' record keeping burden because the primary source of data was already being recorded and maintained by handlers as a routine part of their daily business. The majority of handlers use computers to record their data, and this information can readily be accessed and summarized for these reports. Consequently, any additional costs associated with these changes are expected to be minimal. Also, the benefits of having consolidated end-of-season price, shipping, and grower data are expected to outweigh any costs associated with the increase in reporting burden. Further, the benefits of this rule are expected to be equally available to all industry members, regardless of their size. It is anticipated that the transmission of these reports from handlers to the Committee will be done by either email or facsimile

(FAX)machines. The Committee discussed alternatives to this action, including making no changes to the reporting requirements, but determined that in order to carry out the objectives of the marketing order, the information collected contained within these two new reports is necessary. Therefore, this alternative was rejected. This final rule imposes additional reporting burdens on handlers of kiwifruit in California. This action requires two new Committee forms: The End-of-Season F.O.B. Sales Report and the Final Packout Report. 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. Paperwork Reduction Act 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 OMB Fruit Crops. As a result of this action, two new Committee forms would be created. They have been submitted to OMB for review. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this 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. Further, the Committee's meetings were widely publicized throughout the kiwifruit industry and all interested persons were invited to attend the meetings and participate in Committee deliberations on all issues. Like all Committee meetings, the March 17, 2011, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. A proposed rule concerning this action was published in the **Federal Register** on August 9, 2011 (76 FR 48742). Copies of the rule were mailed or sent via facsimile to all Committee members and kiwifruit handlers. Finally, the rule was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period ending October 11, 2011, was provided to allow 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: *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 matter 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. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) because the Committee requires time to prepare and mail handler report packets, which should include the End-of-Season F.O.B. Sales Report and the Final Packout Report, prior to the beginning of shipments for the 2011-12 crop year. In addition, handlers are aware of this rule, which was recommended at a Committee meeting on March 17, 2011. Also, a 60-day comment period was provided in the proposed rule. List of Subjects in 7 CFR Part 920 Kiwifruit, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 920 is amended as follows: PART 920—KIWIFRUIT GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 920 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 920.160 is amended by adding paragraphs

(f)and

(g)to read as follows: § 920.160 Reports.

(f)Each handler shall file annually with the Committee an End-of-Season F.O.B. Sales Report, due within 30 days after such handler has completed current season shipments, reporting gross f.o.b. sales value and number of containers by pack style and size for fresh market shipments for the season. The report shall also show the company name, contact person, and phone number of the handler.

(g)Each handler shall file annually with the Committee a Final Packout Report, due within 30 days after such handler has completed current season shipments, reporting total containers shipped, by pack style for fresh market shipments, for each grower entity during the season. The report shall also include the grower entity and farm name, mailing address, the county in which the farm is located, and total acreage for each reported grower entity. Also, the report shall show the company name, contact person, and phone number of the handler. Dated: December 14, 2011. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2011-32928 Filed 12-22-11; 8:45 am]

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