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Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / ContentsIVPROPOSED RULESImplementation of the Child Safe Viewing Act:Examination of Parental Control Technologies forVideo or Audio ProgrammingExamination of Parental Control Technologies for Videoor Audio Programming, 11334–11342Food and Drug AdministrationNOTICESMeetings:Blood Products Advisory Committee, 11376–11377Food and Nutrition ServiceNOTICESFederal Energy Regulatory CommissionAgency Information Collection Activities; Proposals,Submissions, and Approvals, 11345NOTICESApplications:Chandeleur Pipe Line Co., 11365Authorization for Continued Project Operation:Southern California Edison Co., 11365–11366Combined Notice of Filings, 11366–11368Complaints:Western Refining Southwest, Inc., et al., 11368–11369Environmental Impact Statements; Availability, etc.:Rockies Express Pipeline LLC, 11369–11370Meeting:Energy Northwest; Staff Participation, 11371Meetings:Technical Conference Regarding Electronic Tariff Filings:,11371–11372Records Governing Off-the-Record Communications, 11370–11371Federal Highway AdministrationForest ServiceNOTICESAgency Information Collection Activities; Proposals,Submissions, and Approvals, 11345–11346MeetingsSouth Gifford Pinchot National Forest Resource AdvisoryCommittee, 11346Meetings:North Gifford Pinchot National Forest Resource AdvisoryCommittee, 11346–11347Health and Human Services DepartmentSee Children and Families AdministrationSee Food and Drug AdministrationHomeland Security DepartmentSee Coast GuardNOTICESNOTICESCertification Related to the Implementation of the WesternHemisphere Travel Initiative, 11377–11378Buy America Waiver Notification, 11400–11401Federal Motor Carrier Safety AdministrationHousing and Urban Development DepartmentRULESElimination of Route Designation Requirement for MotorCarriers Transporting Passengers over Regular Routes,11318–11319NOTICESRegulatory Waiver Requests for the Fourth Quarter (CY2008), 11442–11460Interior DepartmentSee Fish and Wildlife ServiceFederal Railroad AdministrationNOTICESMeetings:Railroad Safety Advisory Committee (RSAC), 11401Railroad Safety Advisory Committee (RSAC) WorkingGroup Activities Update, 11401–11405Federal Reserve SystemNOTICESChange in Bank Control Notices; Acquisition of Shares ofBank or Bank Holding Companies, 11373Formations of, Acquisitions by, and Mergers of BankHolding Companies, 11374Formations of, Acquisitions by, and Mergers of BankHolding Companies; Correction, 11374Proposals to Engage in Permissible Nonbanking Activitiesor to Acquire Companies that are Engaged inPermissible Nonbanking Activities, 11374Federal Trade CommissionInternational Trade AdministrationNOTICESAntidumping:Barium Carbonate from the People’s Republic of China,11348–11349Certain Frozen Fish Fillets from the Socialist Republic ofVietnam, 11349–11351Circular Welded Austenitic Stainless Pressure Pipe fromthe People’s Republic of China, 11351–11352International Trade CommissionNOTICESCommission Determination Not to Review an InitialDetermination, etc.:Certain Active Comfort Footwear, 11378Determination:Welded Stainless Steel Pressure Pipe from China, 11378–11379NOTICESProposed Consent Agreements:American Telecom Services, Inc., 11374–11376Labor DepartmentSee Disability Employment Policy OfficeSee Employment and Training AdministrationSee Occupational Safety and Health AdministrationSee Veterans Employment and Training ServiceSee Wage and Hour DivisionFish and Wildlife Servicejlentini on PROD1PC65 with FRCNRULESEndangered and Threatened Wildlife and Plants:Phyllostegia Hispida, 11319–11327PROPOSED RULESManagement and Budget OfficeEndangered and Threatened Wildlife and Plants:Listing the Plant Lepidium papilliferum (SlickspotPeppergrass) as Endangered, 11342–11344NOTICESVerDate Nov 24 200819:30 Mar 16, 2009Jkt 217001PO 00000Frm 00002Federal Regulatory Review; Extension of request forcomments, 11383–11384Fmt 4748Sfmt 4748E:\FR\FM\17MRCN.SGM17MRCN

Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / ContentsNational Foundation on the Arts and the HumanitiesNOTICESMeetings:National Endowment for the Humanities Panel, 11381VExemption Under Section 312 of the Small BusinessInvestment Act, Conflicts of Interest:Accretive Investors SBIC, L.P., 11398Small Business Size Standards:Waiver of the Nonmanufacturer Rule, 11398–11399National Institute of Standards and TechnologyNOTICESState DepartmentMeetings:Information Security and Privacy Advisory Board, 11352–11353NOTICESNational Oceanic and Atmospheric AdministrationRULESFisheries of the Exclusive Economic Zone off Alaska:Pollock in Statistical Area 610, 11328Fisheries of the Northeastern United States:Scup Fishery; Reduction of Winter I CommercialPossession Limit, 11327–11328Certification Related to the Implementation of the WesternHemisphere Travel Initiative, 11377–11378Meetings:Advisory Committee on International Postal and DeliveryServices, 11399State Advisory Committee on Private International LawStudy Group, 11399NOTICESTransportation DepartmentSee Federal Aviation AdministrationSee Federal Highway AdministrationSee Federal Motor Carrier Safety AdministrationSee Federal Railroad AdministrationMeetings:Secretary of the Navy Advisory Panel; Partially Closed,11357–11358Treasury DepartmentSee United States MintNuclear Regulatory CommissionUnited States MintNOTICESNOTICESIssuance and Availability of Regulatory Guide (RG) 10.4,(Revision 3), 11382Issuance and Availability of Regulatory Guide 1.200,Revision 2, 11381–11382Meetings; Sunshine Act, 11383Pricing for the United States Mint 2009 AmericanPresidency 1 Coin Cover Series, etc., 11405–11406Pricing for United States Mint 2009 Annual Sets, 11406Navy DepartmentVeterans Employment and Training ServiceNOTICESOccupational Safety and Health AdministrationPROPOSED RULESOccupational Exposure to Diacetyl and Food FlavoringsContaining Diacetyl, 11329–11330Office of Management and BudgetSee Management and Budget OfficeMeetings:Advisory Committee on Veterans’ Employment, Trainingand Employer Outreach (ACVETEO): Cancellation,11380Wage and Hour DivisionPROPOSED RULESTemporary Employment of H–2A Aliens, 11408–11440Postal Regulatory CommissionRULESDomestic Mail Product, 11293–11299Separate Parts In This IssuePostal ServicePart IILabor Department, Employment and TrainingAdministration, 11408–11440Labor Department, Wage and Hour Division, 11408–11440NOTICESChange in Rates of General Applicability for CompetitiveProducts; Correction, 11384Securities and Exchange CommissionPart IIIHousing and Urban Development Department, 11442–11460NOTICESSelf-Regulatory Organizations; Proposed Rule Changes:Fixed Income Clearing Corp., 11385–11386NASDAQ Stock Market LLC, 11386–11391New York Stock Exchange LLC, 11391–11392NYSE Alternext US LLC, 11392–11396NYSE Arca, Inc., 11396–11397Reader AidsConsult the Reader Aids section at the end of this page forphone numbers, online resources, finding aids, reminders,and notice of recently enacted public laws.To subscribe to the Federal Register Table of ContentsLISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing listarchives, FEDREGTOC-L, Join or leave the list (or changesettings); then follow the instructions.Small Business Administrationjlentini on PROD1PC65 with FRCNNOTICESDisaster Declarations:Kentucky, 11397Texas, 11397–11398VerDate Nov 24 200819:30 Mar 16, 2009Jkt 217001PO 00000Frm 00003Fmt 4748Sfmt 4748E:\FR\FM\17MRCN.SGM17MRCN

VIFederal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / ContentsCFR PARTS AFFECTED IN THIS ISSUEA cumulative list of the parts affected this month can be found in theReader Aids section at the end of this issue.7 CFR925.11275944.1127514 CFR97.1127820 CFRProposed Rules:655.1140829 CFRProposed Rules:501.11408780.11408788.114081910.1132932 CFR199.1127933 CFR110.1129339 CFR3020 (2 documents) .11293,1129640 CFRProposed Rules:55.1133047 CFR73.11299Proposed Rules:73.1133449 CFR356.11318365.11318374.1131850 CFR17.11319648.11327679.11328Proposed Rules:jlentini on PROD1PC65 with FRLS17.11342VerDate Nov 24 200819:14 Mar 16, 2009Jkt 217001PO 00000Frm 00001Fmt 4711Sfmt 4711E:\FR\FM\17MRLS.LOC17MRLS

11275Rules and RegulationsFederal RegisterVol. 74, No. 50Tuesday, March 17, 2009This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.DEPARTMENT OF AGRICULTUREAgricultural Marketing Service7 CFR Parts 925 and 944[Doc. No. AMS–FV–08–0106; FV09–925–1IFR]Grapes Grown in a Designated Area ofSoutheastern California and ImportedTable Grapes; Relaxation of HandlingRequirementsdwashington3 on PROD1PC60 with RULESAGENCY: Agricultural Marketing Service,USDA.ACTION: Interim final rule with requestfor comments.SUMMARY: This rule relaxes the handlingrequirements prescribed under theCalifornia table grape marketing order(order) and the table grape importregulation. The order regulates thehandling of table grapes grown in adesignated area of southeasternCalifornia and is administered locallyby the California Desert GrapeAdministrative Committee (committee).The import regulation is authorizedunder section 8e of the AgriculturalMarketing Agreement Act of 1937 andregulates the importation of table grapesinto the United States. This rule relaxesthe one-quarter pound minimum bunchsize requirement for the 2009 season forgrapes packed in containers holding 2pounds net weight or less. Under therelaxation, up to 20 percent of theweight of such containers may consist ofsingle, unattached stems or clusters of atleast five berries each. This actionprovides California desert grapehandlers and importers the flexibility torespond to a marketing opportunity ona test basis for one season to meetconsumer needs.DATES: Effective March 20, 2009;comments received by May 18, 2009will be considered prior to issuance ofa final rule.VerDate Nov 24 200814:14 Mar 16, 2009Jkt 217001Interested persons areinvited to submit written commentsconcerning this rule. Comments must besent to the Docket Clerk, Fruit andVegetable Programs, AMS, USDA, 1400Independence Avenue, SW., Stop 0237,Washington, DC 20250–0237; Fax: (202)720–8938; or Internet: http://www.regulations.gov. All commentsshould reference the document numberand the date and page number of thisissue of the Federal Register and will beavailable for public inspection in theOffice of the Docket Clerk during regularbusiness hours, or can be viewed at:http://www.regulations.gov. Allcomments submitted in response to thisrule will be included in the record andwill be made available to the public.Please be advised that the identity of theindividuals or entities submitting thecomments will be made public on theInternet at the address provided above.FOR FURTHER INFORMATION CONTACT:Jennifer Garcia, Marketing Specialist, orKurt J. Kimmel, Regional Manager,California Marketing Field Office,Marketing Order AdministrationBranch, Fruit and Vegetable Programs,AMS, USDA; Telephone: (559) 487–5901, Fax: (559) 487–5906, or e-mail:Jennifer.Garcia@ams.usda.gov orKurt.Kimmel@ams.usda.gov.Small businesses may requestinformation on complying with thisregulation by contacting Jay Guerber,Marketing Order AdministrationBranch, Fruit and Vegetable Programs,AMS, USDA, 1400 IndependenceAvenue, SW., Stop 0237, Washington,DC 20250–0237; Telephone: (202) 720–2491, Fax: (202) 720–8938, or e-mail:Jay.Guerber@ams.usda.gov.SUPPLEMENTARY INFORMATION: This ruleis issued under Marketing Order No.925, as amended (7 CFR part 925),regulating the handling of grapes grownin a designated area of southeasternCalifornia, hereinafter referred to as the‘‘order.’’ The order is effective under theAgricultural Marketing Agreement Actof 1937, as amended (7 U.S.C. 601–674),hereinafter referred to as the ‘‘Act.’’This rule is also issued under section8e of the Act, which provides thatwhenever certain specifiedcommodities, including table grapes, areregulated under a Federal marketingorder, imports of these commoditiesinto the United States are prohibitedunless they meet the same orcomparable grade, size, quality, orADDRESSES:PO 00000Frm 00001Fmt 4700Sfmt 4700maturity requirements as those in effectfor the domestically producedcommodities.The Department of Agriculture(USDA) is issuing this rule inconformance with Executive Order12866.This rule has been reviewed underExecutive Order 12988, Civil JusticeReform. This action is not intended tohave retroactive effect. This rule willnot preempt any State or local laws,regulations, or policies, unless theypresent an irreconcilable conflict withthis rule.The Act provides that administrativeproceedings must be exhausted beforeparties may file suit in court. Undersection 608c(15)(A) of the Act, anyhandler subject to an order may filewith USDA a petition stating that theorder, any provision of the order, or anyobligation imposed in connection withthe order is not in accordance with lawand request a modification of the orderor to be exempted therefrom. A handleris afforded the opportunity for a hearingon the petition. After the hearing, USDAwould rule on the petition. The Actprovides that the district court of theUnited States in any district in whichthe handler is an inhabitant, or has hisor her principal place of business, hasjurisdiction to review USDA’s ruling onthe petition, provided an action is filednot later than 20 days after the date ofthe entry of the ruling.There are no administrativeprocedures which must be exhaustedprior to any judicial challenge to theprovisions of import regulations issuedunder section 8e of the Act.This rule relaxes the minimum bunchsize requirement for the 2009 season forgrapes packed in containers holding 2pounds net weight or less. Under therelaxation, up to 20 percent of theweight of such containers may consist ofsingle clusters weighing less than onequarter pound, but with at least fiveberries each. This action providesCalifornia desert grape handlers andimporters the flexibility to respond to amarketing opportunity on a test basis forone season to meet consumer needs.The committee met on November 14,2008, and unanimously recommendedthe change for California desert grapes.The change in the import regulation isrequired under section 8e of the Act.Section 925.52(a)(1) of the orderprovides authority to regulate theE:\FR\FM\17MRR1.SGM17MRR1

dwashington3 on PROD1PC60 with RULES11276Federal Register / Vol. 74, No. 50 / Tuesday, March 17, 2009 / Rules and Regulationshandling of any grade, size, quality,maturity, or pack of any and all varietiesof grapes during the season. Section925.53 provides authority for thecommittee to recommend to USDAchanges to regulations issued pursuantto § 925.52. Section 925.55 specifies thatwhen grapes are regulated pursuant to§ 925.52, such grapes must be inspectedby the Federal or Federal-Stateinspection service to ensure they meetapplicable requirements.Section 925.304(a) of the order’s rulesand regulations requires grapes to meetthe minimum grade requirements ofU.S. No. 1 Table, or U.S. No. 1Institutional, or to meet all therequirements of U.S. No. 1 Institutional,except that a tolerance of 33 percent isprovided for off-size bunches. Therequirements for the U.S. No. 1 Tableand U.S. No. 1 Institutional grades areset forth in the United States Standardsfor Grades of Table Grapes (European orVinifera Type) (7 CFR 51.880 through51.914) (Standards). The regulatoryperiod runs from April 10 through July10 each year.Currently, U.S. No. 1 Table gradegrapes must meet a minimum bunchsize requirement of one-quarter pound.Recently, there has been interest inpacking grapes in individual consumerpackages known as clamshells. Thesecontainers, used most commonly topack strawberries, are made of a clear,rigid plastic and typically hold a halfpound or a pound of fruit. Someretailers prefer these containers becausethey are of the same net weight, and canbe scanned at check-out. This isparticularly convenient for retailers thatdo not have facilities for weighingproduce, such as convenience storesand fast food outlets. Some consumersalso prefer the convenience ofprepackaged individual portions offruit.To meet changing marketrequirements, California grape handlerswould like to be able to pack clamshellscontaining 2 pounds net weight or less.However, current bunch sizerequirements make it difficult. Grapebunches normally range in weight fromone-quarter pound to 3 pounds. Portionsof bunches, weighing less than onequarter pound, would have to be usedto fill the new packages to the weightsdesired by buyers.Thus, the committee unanimouslyrecommended relaxing the one-quarterpound minimum bunch sizerequirement for the 2009 season for U.S.No. 1 Table grade grapes packed inclamshells containing 2 pounds netweight or less. Under the relaxation, upto 20 percent of the weight of suchcontainers may consist of single clustersVerDate Nov 24 200814:14 Mar 16, 2009Jkt 217001weighing less than one-quarter pound,but with at least five berries each. Thischange will provide handlers with theflexibility to respond to a marketingopportunity on a test basis for oneseason to meet consumer needs. Section925.304(a) is modified accordingly.Under section 8e of the Act, minimumgrade, size, quality, and maturityrequirements for table grapes importedinto the United States are establishedunder Table Grape Import Regulation 4(7 CFR 944.503) (import regulation).Section 944.503(a)(1) specifies theminimum bunch size requirement forU.S. No. 1 Table grade grapes as setforth in the Standards. The change tothe order’s minimum bunch sizerequirement for the 2009 seasonrequires a corresponding change to theminimum bunch size requirement forimported table grapes. Similar to thedomestic industry, this change willallow importers the flexibility torespond to a marketing opportunity ona test basis for one season to meetconsumer needs. Section 944.503(a)(1)is revised accordingly.Initial Regulatory Flexibility AnalysisPursuant to requirements set forth inthe Regulatory Flexibility Act (RFA) (5U.S.C. 601–612), the AgriculturalMarketing Service (AMS) hasconsidered the economic impact of thisrule on small entities. Accordingly,AMS has prepared this initial regulatoryflexibility analysis.The purpose of the RFA is to fitregulatory actions to the scale ofbusiness subject to such actions in orderthat small businesses will not be undulyor disproportionately burdened.Marketing orders issued pursuant to theAct, and the rules issued thereunder, areunique in that they are brought aboutthrough group action of essentiallysmall entities acting on their ownbehalf.There are approximately 14 handlersof southeastern California grapes whoare subject to regulation under the orderand about 50 grape producers in theproduction area. In addition, there areapproximately 123 importers of grapes.Small agricultural service firms aredefined by the Small BusinessAdministration (SBA) (13 CFR 121.201)as those having annual receipts of lessthan 7,000,000 and small agriculturalproducers are defined as those whoseannual receipts are less than 750,000.Nine of the 14 handlers subject toregulation have annual grape sales ofless than 7,000,000. Based on datafrom the National Agricultural StatisticsService and the committee, the averagecrop value for 2008 is about 53,040,000. Dividing this figure by thePO 00000Frm 00002Fmt 4700Sfmt 4700number of producers (50) yields anaverage annual producer revenueestimate of about 1,060,800, which isabove the SBA threshold of 750,000.Based on the foregoing, it may beconcluded that a majority of grapehandlers and none of the producers maybe classified as small entities. Theaverage importer receives 2.8 millionin revenue from the sale of grapes.Therefore, it may be concluded that themajority of importers may be classifiedas small entities.This rule revises § 925.304(a) of therules and regulations of the Californiadesert grape order and § 944.503(a)(1) ofthe table grape import regulation. Thisrule relaxes

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