Unknown. Final rule

4,524 words·~21 min read·/register/2012/07/26/2012-18317·

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-2012-07-26.xml --- 77 144 Thursday, July 26, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES Tomatoes Grown in Florida: Increased Assessment Rate, 43709-43711 2012-18317 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Privacy Act; Systems of Records, 43815-43817 2012-18259 2012-18263 Animal Animal and Plant Health Inspection Service NOTICES Records of Decisions:

Gull Hazard Reduction Program at John F. Kennedy International Airport, 43805 2012-18223 Bonneville Bonneville Power Administration NOTICES Memorandums of Agreements with Kalispel Tribe: Columbia Basin Fish Accords, 43819-43820 2012-18285 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43828-43831 2012-17987 Statement of Organization, Functions and Delegation of Authority, 43831-43841 2012-17990 2012-17991 Civil Rights Civil Rights Commission NOTICES Meetings;

Sunshine Act, 43806 2012-18394 Coast Guard Coast Guard PROPOSED RULES MARPOL Annex I Amendments: Extension of Comment Period, 43741-43742 2012-18226 Commerce Commerce Department See Foreig-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Account Ownership and Control Report: Withdrawal, 43968 2012-16178 Ownership and Control Reports, 43968-44043 2012-16180 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Safety Standards for Full-Size Baby Cribs and Non-Full-Size Baby Cribs; Compliance Form, 43811-43812 2012-18236 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43812-43814 2012-18193 2012-18196 2012-18197 Defense Department Defense Department See Air Force Department RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-60;

Introduction, 44046-44047 2012-17717 Reporting Executive Compensation and First-Tier Subcontract Awards, 44047-44059 2012-17724 Payments under Time-and-Materials and Labor-Hour Contracts, 44059-44062 2012-17727 Extension of Sunset Date for Protests of Task and Delivery Orders, 44062-44063 2012-17730 DARPA-New Mexico Tax Agreement, 44063-44064 2012-17732 Clarification of Standards for Computer Generation of Forms, 44064-44065 2012-17738 Technical Amendments, 44065-44066 2012-17739 Federal Acquisition Circular 2005-60;

Small Entity Compliance Guide, 44066-44067 2012-17742 PROPOSED RULES Federal Acquisition Regulations: Changes to Time-and-Materials and Labor-Hour Contracts and Orders, 43780-43782 2012-18276 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 43814 2012-18230 Privacy Act; Systems of Records, 43814-43815 2012-18258 Drug Drug Enforcement Administration NOTICES Decisions and Orders: Grider Drug No. 1 and Grider Drug No. 2, 44070-44105 2012-17973 Importers of Controlled Substances;

Applications: Akorn, Inc., 43861 2012-18221 Boehringer Ingelheim Chemicals, 43861-43862 2012-18213 Cody Laboratories Inc., 43861 2012-18206 Importers of Controlled Substances; Registrations: Alltech Associates, Inc., 43862 2012-18220 Noramco, Inc., 43862 2012-18210 Manufacturers of Controlled Substances; Applications: Boehringer Ingelheim Chemicals, Inc., 43863 2012-18202 Cambrex Charles City, Inc., 43863 2012-18212 Nektar Therapeutics, 43862-43863 2012-18203 Manufacturers of Controlled Substances;

Registrations: Cambrex Charles City, Inc., 43863 2012-18209 Rhodes Technologies, 43864 2012-18207 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Talent Search Annual Performance Report, 43817-43818 2012-18320 Applications for New Awards: State-Tribal Education Partnership Pilot Grant Competition, 43818-43819 2012-18304 Meetings: Equity and Excellence Commission, 43819 2012-18306 Energy Department Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Valuing Improved Water Quality in the Chesapeake Bay Using Stated Preference Methods, 43822-43823 2012-18319 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Eurocopter Deutschland GmbH Helicopters, 43736-43738 2012-18254 Eurocopter France Helicopters, 43734-43735, 43738-43740 2012-18253 2012-18256 Federal Communications Federal Communications Commission PROPOSED RULES Wireline Competition Bureau:

Rural Health Care Reform Proceedings, 43773-43780 2012-18273 Federal Election Federal Election Commission NOTICES Filing Dates for Michigan Special Election in 11th Congressional District, 43823-43824 2012-18204 Meetings; Sunshine Act, 43824 2012-18381 Federal Energy Federal Energy Regulatory Commission RULES Standards for Business Practices of Interstate Natural Gas Pipelines, 43711-43721 2012-18105 NOTICES Combined Filings, 43820-43821 2012-18239 2012-18266 Records Governing Off-the-Record Communications, 43821-43822 2012-18238 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications; Diabetes Mellitus, 43901-43902 2012-17980 Federal Railroad Federal Railroad Administration NOTICES Environmental Impact Statements; Availability, etc.: California High-Speed Train Project Fresno to Bakersfield Section, 43902-43903 2012-18305 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 43824 2012-18246 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 43824-43825 2012-18245 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements;

Availability, etc.: Transit Improvements to North Red and Purple Lines, Cook County, IL, 43903 2012-18268 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 90-Day Finding on Petition to List Gila Mayfly as Endangered, 43799-43803 2012-18200 Designation of Critical Habitat for Lost River Sucker and Shortnose Sucker, 43796-43799 2012-18198 Endangered Status for Diamond Darter and Designation of Critical Habitat, 43906-43939 2012-17950 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Financial Disclosure by Clinical Investigators, 43843-43844 2012-18235 Generic Drug User Fee Cover Sheet, 43844-43846 2012-18232 Guidance for Industry on Questions and Answers Regarding Labeling of Nonprescription Human Drug Products, etc., 43841-43842 2012-18233 Irradiation in Production, Processing, and Handling of Food, 43842-43843 2012-18234 Workshops: Food and Drug Administration Pediatric Medical Devices, 43846 2012-18231 Foreign Assets Foreign Assets Control Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Reporting, Procedures and Penalties Regulations, 43903-43904 2012-18251 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework: Foreign-Trade Zone 26, Atlanta, GA, 43806 2012-18282 Forest Forest Service NOTICES Meetings: Southwest Idaho Resource Advisory Committee, 43805 2012-18244 General Services General Services Administration RULES Federal Acquisition Regulations: Federal Acquisition Circular 2005-60;

Small Entity Compliance Guide, 44066-44067 2012-17742 PROPOSED RULES Federal Acquisition Regulations: Changes to Time-and-Materials and Labor-Hour Contracts and Orders, 43780-43782 2012-18276 NOTICES Freedom of Information Act Requests: Real Property Lease Documents from GSA Leases with Private Sector Landlords, 43825-43826 2012-18265 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Mineral Resources Program's Mineral Resource External Research Program, 43856-43857 2012-18264 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 43826-43827 2012-18214 International Workshops: Alternative Methods for Leptospira Vaccine Potency Testing, State of Science and the Way Forward, 43827-43828 2012-18294 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Rental Assistance Demonstration; Final Program Notice, 43850-43855 2012-18307 Indian Health Indian Health Service See Indian Health Service NOTICES Draft Policy on Conferring with Urban Indian Organizations, 43846-43849 2012-18300 Industry Industry and Security Bureau RULES The Commerce Control List;

CFR Correction, 43711 2012-18365 Interior Interior Department See Fish and Wildlife Service See Geological Survey PROPOSED RULES Acquisition Regulations: Buy Indian Act; Procedures for Contracting, 43782-43796 2012-18189 NOTICES Meetings: Secretarial Commission on Indian Trust Administration and Reform, 43855-43856 2012-18248 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from People's Republic of China, 43806-43807 2012-18280 Call for Nominations;

Extended Deadline: Renewable Energy and Energy Efficiency Advisory Committee, 43807 2012-18314 International Trade Com International Trade Commission NOTICES Investigations: Xanthan Gum from Austria and China, 43857-43858 2012-18271 Terminations of Investigations: Certain Mobile Telephones And Wireless Communication Devices Featuring Digital Cameras, And Components Thereof, 43858-43859 2012-18190 Justice Department Justice Department See Drug Enforcement Administration See National Institute of Corrections NOTICES Lodging of Consent Decrees Under CERCLA, 43859 2012-18191 Lodgings of Consent Decrees:

Clean Air Act, 43859-43860 2012-18286 Clean Water Act, 43860-43861 2012-18252 2012-18267 Labor Department Labor Department See Mine Safety and Health Administration Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 43865-43866 2012-18318 Mine Mine Safety and Health Administration RULES Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards, 43721 2012-18205 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulations:

Federal Acquisition Circular 2005-60; Introduction, 44046-44047 2012-17717 Reporting Executive Compensation and First-Tier Subcontract Awards, 44047-44059 2012-17724 Payments under Time-and-Materials and Labor-Hour Contracts, 44059-44062 2012-17727 Extension of Sunset Date for Protests of Task and Delivery Orders, 44062-44063 2012-17730 DARPA-New Mexico Tax Agreement, 44063-44064 2012-17732 Clarification of Standards for Computer Generation of Forms, 44064-44065 2012-17738 Technical Amendments, 44065-44066 2012-17739 Federal Acquisition Circular 2005-60;

Small Entity Compliance Guide, 44066-44067 2012-17742 PROPOSED RULES Federal Acquisition Regulations: Changes to Time-and-Materials and Labor-Hour Contracts and Orders, 43780-43782 2012-18276 NOTICES Intents to Grant Exclusive Licenses, 43866 2012-18227 Intents to Grant Partially Exclusive Licenses, 43866-43867 2012-18228 2012-18229 National Institute Corrections National Institute of Corrections NOTICES Solicitations for Cooperative Agreements: Development of a 21st Century Corrections Learning Professional Competency Model, 43864-43865 2012-18225 National Institute National Institutes of Health NOTICES Meetings:

National Institute of Environmental Health Sciences, 43849 2012-18195 National Institute of Mental Health, 43849 2012-18192 National Institute on Minority Health and Health Disparities, 43850 2012-18297 National Oceanic National Oceanic and Atmospheric Administration RULES Expansion of Fagatele Bay National Marine Sanctuary, Regulatory Changes, and Sanctuary Name Change, 43942-43966 2012-17599 Western Pacific Pelagic Fisheries: Swordfish Trip Limits in the Hawaii Deep-set Longline Fishery;

Revised, 43721-43722 2012-18298 PROPOSED RULES Confidentiality of Information; Magnuson-Stevens Fishery Conservation and Management Reauthorization Act; Correction, 43803-43804 2012-18295 NOTICES Advisory Committee and Species Working Group Technical Advisor Appointment, 43808 2012-18296 Environmental Impact Statements; Availability, etc.: Supplement to Draft Programmatic Restoration Plan, 43808-43809 2012-18293 Magnuson Stevens Act Provisions; General Provisions for Domestic Fisheries:

Application for Exempted Fishing Permits, 43809-43810 2012-18302 Meetings: Advisory Committee to U.S. Section of International Commission for Conservation of Atlantic Tunas, 43810-43811 2012-18299 Pacific Fishery Management Council, 43810 2012-18255 Patent Patent and Trademark Office PROPOSED RULES Changes to Implement First Inventor to File Provisions of Leahy-Smith America Invents Act, 43742-43759 2012-18121 Examination Guidelines for Implementing First-Inventor-to-File Provisions of Leahy-Smith America Invents Act, 43759-43773 2012-17898 Postal Regulatory Postal Regulatory Commission NOTICES Negotiated Service Agreement Amendment, 43867-43868 2012-18240 Postal Service Postal Service NOTICES Product Change;

First-Class Package Service Negotiated Service Agreement, 43868 2012-18224 Rural Utilities Rural Utilities Service PROPOSED RULES Energy Efficiency and Conservation Loan Program, 43723-43734 2012-17784 Securities Securities and Exchange Commission NOTICES Applications: Credit Suisse Asset Management, LLC, et al., 43868-43873 2012-18272 P.E. Partners III, LLC, et al., 43873-43878 2012-18241 Extensions of Temporary Conditional Exemptions: Effectiveness of Definition of Eligible Contract Participant, 43878-43879 2012-18194 Self-Regulatory Organizations;

Proposed Rule Changes: BATS Exchange, Inc., 43892-43897 2012-18218 BATS Y-Exchange, Inc., 43887-43892 2012-18217 Chicago Board Options Exchange, Inc., 43879-43883, 43897-43899 2012-18219 2012-18242 2012-18243 Financial Industry Regulatory Authority, Inc., 43885-43887 2012-17444 NASDAQ OMX BX, Inc., 43883-43885 2012-18215 NYSE Arca, Inc., 43879 2012-18216 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Humphrey Evaluation Survey, 43899-43900 2012-18279 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration NOTICES Senior Executive Service Performance Review Boards Membership, 43900-43901 2012-18007 Treasury Treasury Department See Foreign Assets Control Office PROPOSED RULES Changes to In-Bond Process;

Correction, 43740-43741 2012-18187 Customs U.S. Customs and Border Protection PROPOSED RULES Changes to In-Bond Process; Correction, 43740-43741 2012-18187 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 43906-43939 2012-17950 Part III Commerce Department, National Oceanic and Atmospheric Administration, 43942-43966 2012-17599 Part IV Commodity Futures Trading Commission, 43968-44043 2012-16178 2012-16180 Part V Defense Department, 44046-44067 2012-17738 2012-17732 2012-17730 2012-17717 2012-17742 2012-17727 2012-17724 2012-17739 General Services Administration, 44046-44067 2012-17738 2012-17732 2012-17730 2012-17717 2012-17742 2012-17727 2012-17724 2012-17739 National Aeronautics and Space Administration, 44046-44067 2012-17738 2012-17732 2012-17730 2012-17717 2012-17742 2012-17727 2012-17724 2012-17739 Part VI Justice Department, Drug Enforcement Administration, 44070-44105 2012-17973 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. 77 144 Thursday, July 26, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 [Doc. No. AMS-FV-11-0080; FV11-966-1 FR] Tomatoes Grown in Florida; Increased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Florida Tomato Committee (Committee) for the 2011-12 and subsequent fiscal periods from $0.0275 to $0.037 per 25-pound carton of tomatoes handled. The Committee locally administers the marketing order which regulates the handling of tomatoes grown in Florida. Assessments upon tomato handlers are used by the Committee to fund reasonable and necessary expenses of the program.

The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* July 27, 2012. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:

(863)324-3375, Fax:

(863)325-8793, or Email: *Doris.Jamieson@ams.usda.gov* or *Christian.Nissen@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 Program, 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 rule is issued under Marketing Agreement No. 125 and Order No. 966, both as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida, 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, Florida tomato 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 tomatoes beginning 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 $0.0275 to $0.037 per 25-pound carton of tomatoes. The Florida tomato 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 of Florida tomatoes. 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 2009-10 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 August 23, 2011, and unanimously recommended 2011-12 expenditures of $1,496,452 and an assessment rate of $0.037 per 25-pound carton of tomatoes. In comparison, last year's budgeted expenditures were $1,496,971. The assessment rate of $0.037 is $0.0095 higher than the rate currently in effect. The Committee estimates the 2011-2012 crop to be approximately 35 million 25-pound cartons, down from the 45 million cartons estimated for last year. At the current assessment rate, assessment income would equal only $962,500, an amount insufficient to cover the Committee's anticipated expenditures. Therefore, the Committee voted to increase the assessment rate in order to generate sufficient funds to meet Committee expenses. The major expenditures recommended by the Committee for the 2011-12 year include $575,000 for education and promotion, $436,372 for salaries, $250,000 for research, and $64,000 for office space. Budgeted expenses for these items in 2010-11 were $535,500, $436,372, $250,000, and $62,283, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Florida tomatoes. Tomato shipments for the year are estimated at 35 million 25-pound cartons which should provide $1,295,000 in assessment income. Income derived from handler assessments, along with interest income, USDA Market Access Program

(MAP)funds, and funds from the Committee's authorized reserve, should be adequate to cover budgeted expenses. Funds in the reserve (approximately $200,000) will be kept within the maximum permitted by the order of not to exceed one fiscal period's expenses as stated in § 966.44. 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 would 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 100 producers of tomatoes in the production area and approximately 80 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration

(SBA)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 (13 CFR 121.201). Based on industry and Committee data, the average annual price for fresh Florida tomatoes during the 2010-11 season was approximately $13.88 per 25-pound container, and total fresh shipments for the 2010-11 season were 36,100,637 25-pound cartons of tomatoes. Committee data indicates that approximately 21 percent of the handlers handle 90 percent of the total volume shipped. Based on the average price, about 80 percent of handlers could be considered small businesses under SBA's definition. In addition, based on production data, grower prices as reported by the National Agricultural Statistics Service, and the total number of Florida tomato growers, the average annual grower revenue is below $750,000. Thus, the majority of handlers and producers of Florida tomatoes 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 $0.0275 to $0.037 per 25-pound carton of tomatoes. The Committee unanimously recommended 2011-12 expenditures of $1,496,452 and an assessment rate of $0.037 per 25-pound carton of tomatoes. The assessment rate of $0.037 is $0.0095 higher than the 2010-11 rate. The quantity of assessable tomatoes for the 2011-12 season is estimated at 35 million cartons. Thus, the $0.037 rate should provide $1,295,000 in assessment income. Income derived from handler assessments, along with interest income, MAP funds, and funds from the Committee's authorized reserve fund, should be adequate to meet this year's expenses. The major expenditures recommended by the Committee for the 2011-12 year include $575,000 for Education and Promotion, $436,372 for salaries, $250,000 for research, and $64,000 for office space. Budgeted expenses for these items in 2010-11 were $535,500, $436,372, $250,000, and $62,283, respectively. The Committee estimates the 2011-12 crop to be approximately 35 million 25-pound cartons, down from the 45 million cartons estimated for last year. At the current assessment rate, assessment income would equal only $962,500, an amount insufficient to cover the Committee's anticipated expenditures. Therefore, the Committee voted to increase the assessment rate in order to generate sufficient funds to meet Committee expenses. The Committee reviewed and unanimously recommended 2011-12 expenditures of $1,496,452. Prior to arriving at this budget, the Committee considered information from various sources, such as the Committee's Executive Subcommittee, Finance Subcommittee, and Education and Promotion Subcommittee. Alternative expenditure levels were discussed by these groups, based upon the relative value of various education and promotion projects to the tomato industry. The assessment rate of $0.037 per 25-pound carton of assessable tomatoes was then determined by dividing the total recommended budget by the quantity of assessable tomatoes, estimated at 35 million 25-pound cartons for the 2011-12 year. The increased assessment rate should provide $1,295,000 in assessment income. This is approximately $201,452 below the anticipated expenses, which the Committee determined to be acceptable. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2011-12 season could range between $32.80 and $4.83 per 25-pound carton of tomatoes. Therefore, the estimated assessment revenue for the 2011-12 crop year as a percentage of total grower revenue could range between .1 and .8 percent. 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 marketing order. In addition, the Committee's meeting was widely publicized throughout the Florida tomato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the August 23, 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. 0581-0178 Vegetable and Specialty Crops. 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 Florida tomato 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 April 10, 2012 (77 FR 21492). Copies of the proposed rule were also mailed or sent via facsimile to all tomato handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 15-day comment period ending April 25, 2012, was provided for interested persons to respond to the proposal. Three comments were received in support of the proposal. One commenter stated that he initially had concerns regarding the increase in the assessment rate. However, after reviewing the Committee's budget of expenditures and noting that the increase is paid uniformly among all handlers, he stated the increase was necessary and fairly distributed. Another commenter noted that the increase is necessary due to the rising prices of goods and services and is only proposed to cover budgeted expenses. Another commenter stated the increase would improve the income for local farmers. Accordingly, no changes will be made to the rule as proposed, based on the comments 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 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 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 handlers are already receiving 2011-12 crop tomatoes from growers; the marketing order requires that the rate of assessment for each fiscal period apply to all assessable tomatoes handled during such period; and, the Committee needs to have sufficient funds to pay its expenses which are incurred on a continuous basis. Further, handlers are aware of this rule which was recommended at a public meeting. Also, a 15-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 966 Marketing agreements, Reporting and recordkeeping requirements, Tomatoes. For the reasons set forth in the preamble, 7 CFR part 966 is amended as follows: PART 966—TOMATOES GROWN IN FLORIDA 1. The authority citation for 7 CFR part 966 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 966.234 is revised to read as follows: § 966.234 Assessment rate. On and after August 1, 2011, an assessment rate of $0.037 per 25-pound carton is established for Florida tomatoes. Dated: July 20, 2012. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2012-18317 Filed 7-25-12; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

CFR