This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

8871 

Vol. 76, No. 32 

Wednesday, February 16, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 984 

[Doc. No. AMS–FV–10–0060; FV10–984–1 

FIR] 

Walnuts Grown in California; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that decreased the assessment rate 

established for the California Walnut 

Board (Board) for the 2010–11 and 

subsequent marketing years from 

$0.0177 to $0.0174 per kernelweight 

pound of assessable walnuts. The Board 

locally administers the marketing order 

that regulates the handling of walnuts 

grown in California. The assessment rate 

will remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Effective Date: Effective February 

17, 2011. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Smutny, Marketing Specialist, or Kurt J. 

Kimmel, Regional Manager, California 

Marketing Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (559) 487–5901, Fax: (559) 

487–5906, or E-mail: 

Jeffrey.Smutny@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide; 

or by contacting Antoinette Carter, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

984, as amended (7 CFR part 984), 

regulating the handling of walnuts 

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.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

Under the order, California walnut 

handlers are subject to assessments, 

which provide funds to administer the 

order. Assessment rates issued under 

the order are intended to be applicable 

to all assessable walnuts for the entire 

marketing year, and continue until 

amended, suspended, or terminated. 

The marketing year begins on 

September 1 and ends on August 31. 

In an interim rule published in the 

Federal Register on September 15, 2010, 

and effective on September 16, 2010 (75 

FR 55944, Doc. No. AMS–FV–10–0060; 

FV 10–984–1 IR), § 984.347 was 

amended by decreasing the assessment 

rate established for the Board for the 

2010–11 and subsequent marketing 

years from $0.0177 to $0.0174 per 

kernelweight pound of assessable 

walnuts. The decrease in assessment 

rate was possible due to an expected 

increase in the quantity of assessable 

walnuts in the 2010–2011 marketing 

year. 

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 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 4,500 

growers of California walnuts in the 

production area and approximately 58 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $750,000. Small agricultural 

service firms are defined as those whose 

annual receipts are less than $7,000,000. 

USDA’s National Agricultural 

Statistics Service (NASS) reports that 

the average yield for the 2009–10 crop 

was 1.96 tons per acre and the value of 

the 2009–10 crop was $1,690 per ton. 

Approximately 90 percent of 

California’s walnut farms are smaller 

than 100 acres. A 100-acre farm with an 

average yield would have produced 

about 196 tons of walnuts during 2009– 

10. At $1,690 per ton, that farm’s 

production would have had an 

approximate value of $331,240. Based 

on these numbers, the majority of 

growers had receipts of less than 

$750,000. According to information 

supplied by the industry, approximately 

two-thirds of California’s walnut 

handlers shipped merchantable walnuts 

valued under $7,000,000 during the 

2009–10 marketing year. Therefore, the 

majority of California’s walnut growers 

and handlers could be considered small 

entities according to SBA’s definition. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Board and 

collected from handlers for the 2010–11 

and subsequent marketing years from 

$0.0177 to $0.0174 per kernelweight 

pound of assessable walnuts. The Board 

unanimously recommended 2010–11 

expenditures of $6,812,100 and an 

assessment rate of $0.0174 per 

kernelweight pound of assessable 

walnuts, which is $0.0003 lower than 

the rate previously in effect. The 

quantity of assessable walnuts for the 

2010–11 marketing year is estimated at 

391,500,000 kernelweight pounds. 

Thus, the $0.0174 rate should provide 

$6,812,100 in assessment income and be 

adequate to cover budgeted expenses. 

Major budget expenditures 

recommended by the Board for the 

2010–11 marketing year include: 

$4,400,000 for domestic market 

development, $1,042,000 for production 

research, $577,500 for employee 


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8872 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations 

expenses, and $118,850 for office 

expenses. Budgeted expenses for these 

items in 2009–2010 were $4,030,500, 

$725,000, $535,000, and $123,750, 

respectively. 

The Board recommended decreasing 

the assessment rate due to an expected 

increase in the quantity of assessable 

walnuts in the 2010–11 marketing year. 

Prior to arriving at this budget, the 

Board considered alternative 

expenditure levels but ultimately 

decided that the recommended levels 

were reasonable to properly administer 

the order. The assessment rate of 

$0.0174 per kernelweight pound of 

assessable walnuts was derived by 

dividing anticipated expenses of 

$6,812,100 by expected 2010–11 

shipments of California walnuts. 

Merchantable shipments for the year are 

estimated at 391,500,000 kernelweight 

pounds, which should provide 

$6,812,100 in assessment income and 

allow the Board to cover its expenses. 

Unexpended funds may be retained in 

a financial reserve, provided that funds 

in the financial reserve do not exceed 

approximately two years’ budgeted 

expenses. If not retained in a financial 

reserve, unexpended funds may be used 

temporarily to defray expenses of the 

subsequent marketing year, but must be 

made available to the handlers from 

whom they were collected within five 

months after the end of the year, 

according to § 984.69 of the order. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the grower price for the 2010–2011 

season could range between $1.42 and 

$1.88 per kernelweight pound of 

assessable walnuts. Therefore, the 

estimated assessment revenue for the 

2010–2011 season as a percentage of 

total grower revenue could range 

between 0.9 and 1.2 percent. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the cost 

savings may be passed on to growers. 

The Board’s meeting was widely 

publicized throughout the California 

walnut industry, and all interested 

persons were invited to attend the 

meeting and participate in Board 

deliberations on all issues. Like all 

Board meetings, the June 11, 2010, 

meeting was a public meeting, and all 

entities, both large and small, were able 

to express their views on this issue. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large California 

walnut 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

November 15, 2010. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. To view the interim 

rule, go to http://www.regulations.gov/

search/Regs/home.html#

documentDetail?R=0900006480b4f686. 

This action also affirms information 

contained in the interim rule concerning 

the Executive Orders 12866 and 12988, 

the Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (75 FR 55944, September 15, 

2010) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 984 

Marketing agreements, Nuts, 

Reporting and recordkeeping 

requirements, Walnuts. 

PART 984—WALNUTS GROWN IN 

CALIFORNIA 

Accordingly, the interim rule 

amending 7 CFR part 984, which was 

published at 75 FR 55944 on September 

15, 2010, is adopted as a final rule, 

without change. 

Dated: February 10, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–3500 Filed 2–15–11; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AI09 

[NRC–2008–0361] 

License and Certificate of Compliance 

Terms 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is amending its regulations that govern 

licensing requirements for the 

independent storage of spent nuclear 

fuel. These amendments include 

changes that enhance the effectiveness 

and efficiency of the licensing process 

for spent nuclear fuel storage. 

Specifically, they extend and clarify the 

term limits for storage cask Certificates 

of Compliance (CoCs) and independent 

spent fuel storage installation (ISFSI) 

specific licenses. The amendments also 

provide consistency between the general 

and specific ISFSI license requirements, 

and allow general licensees subject to 

these regulations to implement changes 

authorized by an amended CoC to a cask 

loaded under the initial CoC or an 

earlier amended CoC (a ‘‘previously 

loaded cask’’). 

DATES: Effective Date: This final rule is 

effective on May 17, 2011. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2008–0361. Address questions 

about NRC dockets to Carol Gallagher at 

301–492–3668; e-mail: 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O1– 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland 

20852. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–899–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Keith McDaniel, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–415– 

5252, e-mail: Keith.McDaniel@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion 

A. What action is the NRC taking, and 

why? 

B. Whom does this action affect? 


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