Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 11939 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrderSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2011 fiscal year began 

on January 1, 2011, and the marketing 

order requires that the rate of 

assessment for each fiscal year apply to 

all assessable olives handled during 

such fiscal year; (2) this action decreases 

the assessment rate for assessable olives 

beginning with the 2011 fiscal year; 

(3) handlers are aware of this action, 

which was unanimously recommended 

at a public meeting, and is similar to 

other assessment rate actions issued in 

past years; and (4) this interim rule 

provides a 60-day comment period, and 

all comments timely received will be 

considered prior to finalization of this 

rule. 

List of Subjects in 7 CFR Part 932 

Olives, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 932 is amended as 

follows: 

PART 932—OLIVES GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 932 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 932.230 is revised to read 

as follows: 

§ 932.230 Assessment rate. 

On and after January 1, 2011, an 

assessment rate of $16.61 per ton is 

established for California olives. 

Dated: February 25, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–4807 Filed 3–3–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1218 

[Document Number AMS–FV–10–0006] 

Blueberry Promotion, Research, and 

Information Order; Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This document summarizes 

the results of an Agricultural Marketing 

Service (AMS) review of the Blueberry 

Promotion, Research, and Information 

Order (Order) under the criteria 

contained in Section 610 of the 

Regulatory Flexibility Act (RFA). Based 

upon its review, AMS concluded that 

there is a continued need for the order. 

ADDRESSES: Interested persons may 

obtain a copy of the review on the 

Internet at: http://www.regulations.gov 

or requests for copies can be sent to the 

Docket Clerk, Research and Promotion 

Branch, Fruit and Vegetable Programs, 

Agricultural Marketing Service, U.S. 

Department of Agriculture, 

(Department) Room 0632–S, Stop 0244, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0244; facsimile: 

(202) 205–2800 or electronic mail: 

Jeanette.Palmer@ams.usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, AMS, USDA, 

Stop 0244, 1400 Independence Avenue, 

SW., Room 0632–S, Washington, DC 

20250–0244; telephone: (888) 720–9917; 

facsimile: (202) 205–2800; or electronic 

mail: Jeanette.Palmer@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Blueberry Promotion, Research and 

Information Order (7 CFR part 1218) is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 (Act) [7 U.S.C. 7411–7425]. 

The Order became effective on August 

16, 2000 [65 FR 43961]. The Order is 

administered by the U.S. Highbush 

Blueberry Council (Council) with 

oversight by the Department of 

Agriculture (Department). The program 

is funded by assessments on highbush 

(cultivated) blueberries grown in and 

imported into the United States. 

Producers and importers pay the 

assessment. The producer assessment is 

remitted by first handlers, and the 

importer assessment is remitted by the 

U.S. Customs and Border Protection. 

Producers and importers who produce 

or import less than 2,000 pounds of 

highbush blueberries annually are 

exempt from the program. The purpose 

of the Order is to finance a coordinated 

program of promotion, research, and 

information to maintain and expand the 

market for fresh and processed 

cultivated blueberries in the United 

States and abroad. 

The Council is composed of 16 

members as follows: 10 producers (one 

from each of four regions and one from 

each of the top six producing states); 3 

importers; 1 exporter from a foreign 

production area; 1 handler; and 1 public 

member. Each member has an alternate. 

The members and alternates are 

appointed to the Council by the 

Secretary of Agriculture and serve a 

term of 3 years. 

There are approximately 2,000 

producers, 200 first handlers, 50 

importers, and 4 exporters who are 

subject to the provisions of the Order. 

The majority of the blueberry producers 

covered by the Order may be classified 

as small entities. Most importers, first 

handlers, and exporters would not be 

classified as small businesses. 

AMS published in the Federal 

Register on March 24, 2006 [71 FR 

14827], its plan to review certain 

regulations, including the Blueberry 

Order under criteria contained in 

section 610 of the RFA [5 U.S.C. 601– 

612]. Because many AMS regulations 

impact small entities, AMS decided, as 

a matter of policy, to review certain 

regulations which, although they may 

not meet the threshold requirement 

under section 610 of the RFA, warrant 

review. 

AMS published a notice of review and 

request for written comments in the 

Federal Register on February 23, 2010 

[75 FR 7986]. Twenty comments were 

received by the April 26, 2010, 

deadline. 

The review was undertaken to 

determine whether the Order should be 

continued without change, amended, or 

rescinded (consistent with the 

objectives of the Act) to minimize the 

impacts on small entities. AMS 

considered the following factors: (1) The 

continued need for the Order; (2) 

comments received from the public 

concerning the Order; (3) the 

complexity of the Order; (4) the extent 


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11940 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 

to which the Order overlaps, duplicates, 

or conflicts with other Federal rules, 

and, to the extent feasible, with State 

and local regulations; and (5) the length 

of time since the Order has been 

evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the Order. 

Based on its review, the Department 

has concluded that there is a continued 

need for the Order. According to the 

Council’s World Blueberry Acreage and 

Production Report, highbush blueberry 

acreage in North America increased 

from 71,075 acres in 2005 to an 

estimated 95,607 acres in 2008, a 35 

percent increase in just three years. The 

United States share of this total 

increased from 56,665 acres in 2005 to 

74,992 acres in 2008, a 32 percent 

increase. Highbush blueberry 

production volume is expected to 

increase significantly in the coming 

years. 

Regarding the nature of complaints or 

comments received from the public 

concerning the Order, as previously 

mentioned twenty comments were 

received. They are discussed in the 

following paragraphs. One commenter 

opposed the program stating that 

government funds should not be used to 

market blueberries. However, the 

blueberry program is funded by 

producers and importers of blueberries. 

The program is developed by the 

industry to expand the markets for 

blueberries in the United States. 

Nineteen commenters supported the 

program and considered it to be 

effective in promoting blueberries. All 

the commenters stated that the program 

is needed to increase blueberry 

consumption due to increase blueberry 

production. 

One commenter stated that investing 

in promotion now to build a future is 

necessary even in poor economic 

conditions. Twelve commenters in favor 

of the program stated that further 

research of blueberries is needed to stay 

competitive in a global industry. Six 

commenters stated the program is 

needed to develop health claims for 

blueberries. 

One commenter who supports the 

program stated that the ability for 

growers from different production areas 

to work together in an effort to increase 

consumption through product research 

and marketing programs has proven 

effective for many other crops. 

Ten commenters stated that the 

assessment dollars are collected fairly 

from all U.S. production and imports 

and the Council utilizes the funds in a 

cost effective manner. 

AMS provides Federal oversight of 

the blueberry program. The Order is not 

unduly complex, and AMS has not 

identified any Federal rules, or State 

and local regulations that duplicate, 

overlap, or conflict with the Order. Over 

the years, regulatory changes have been 

made to address industry operation 

changes and to improve program 

administration. 

Regarding evaluations of the program 

or the degree to which technology, 

economic conditions, or other factors 

have changed in the area affected by the 

Order, section 512 (a)(6) of the Act and 

section 1218.55 of the Order require the 

Council to evaluate the program and to 

comply with the independent 

evaluation provision of the Federal 

Agricultural Improvement and Reform 

Act of 1996 (FAIR) [7 U.S.C. 7201]. The 

goal of these evaluations is to assure 

that the Order and the regulations 

implemented under it fit the needs of 

the industry and are consistent with the 

Act. The Council conducted an 

evaluation of the program under the 

FAIR in 2006. This evaluation, ‘‘An 

Economic Analysis of Domestic Market 

Impacts of the U.S. Highbush Blueberry 

Council,’’ concluded that the 

promotional spending by the Council 

clearly had a positive effect on demand. 

The next evaluation is scheduled to be 

conducted late in 2011. 

Based upon its review, AMS has 

determined that the Order should be 

continued. AMS plans to continue 

working with the blueberry industry in 

maintaining an effective program. 

Dated: February 25, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–4808 Filed 3–3–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0141; Directorate 

Identifier 2011–NE–06–AD; Amendment 39– 

16617; AD 2011–05–08] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Model Arriel 1E2, 1S, and 1S1 

Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This action supersedes 

emergency airworthiness directive (AD) 

2011–05–51 that was sent previously to 

all known U.S. owners and operators of 

the products listed above. That AD 

requires inspecting the fuel ejector in 

the body of the fuel ejector assembly for 

proper installation by checking that the 

circlip is properly seated in its groove. 

That AD was prompted by three reports 

of incorrectly assembled low-pressure 

fuel system ejectors; with one of them 

resulting in an uncommanded engine 

in-flight shutdown. This AD requires 

the same actions and compliance times 

as the emergency AD, after receipt of the 

emergency AD, and expands the AD 

applicability by including helicopters 

having one or two affected engines and 

experiencing no starting difficulties. 

This AD results from mandatory 

continuing airworthiness information 

(MCAI) issued by an aviation authority 

of another country to identify and 

correct an unsafe condition on an 

aviation product. The MCAI describes 

the unsafe condition as: 

In October 2009, Turbomeca issued SB 

[Service Bulletin] No. 292 73 0826, Version 

A that instructed operators to check the 

effectiveness of the bonding of the ejector jet 

installed on the low-pressure fuel system 

between the tank and the high-pressure fuel 

pump. 

So far, Turbomeca have been informed of 

three discrepancies with the reassembly of 

the ejector following a maintenance 

procedure performed during accomplishment 

of Turbomeca SB No. 292 73 0826, Version 

A. 

In all three cases, the discrepancies led to 

a ‘‘one-off’’ abnormal evolution of gas 

generator (NG) rating during engine starting. 

In one of these cases, this resulted in an 

uncommanded in-flight shutdown, during a 

cruising phase at 8,000 feet. 

We are issuing this AD to prevent 

uncommanded engine in-flight 

shutdown of one or both engines in a 

two-engine helicopter and an emergency 

autorotation landing or accident. 

DATES: This AD becomes effective 

March 9, 2011. 

We must receive comments on this 

AD by April 4, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of Turbomeca Mandatory Service 

Bulletin (MSB) No. A292 73 0834, 

Version B, dated February 8, 2011, 

listed in the AD as of March 9, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 


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