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

10409 

Vol. 75, No. 44 

Monday, March 8, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 966 

[Doc. No. AMS–FV–09–0063; FV09–966–2 

FIR] 

Tomatoes Grown in Florida; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim final rule 

as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that decreased the assessment 

rate established for the Florida Tomato 

Committee (Committee), for the 2009–10 

and subsequent fiscal periods from 

$0.0375 to $0.0275 per 25-pound carton 

of tomatoes handled. The Committee 

locally administers the marketing order, 

which regulates the handling of 

tomatoes grown in Florida. The interim 

final rule was necessary to align the 

Committee’s expected revenue with 

decreases in its proposed budget for the 

2009–10 and subsequent fiscal periods, 

which began on August 1. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective Date: March 9, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian D. Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or E-mail: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order and agreement 

regulations by viewing a guide at the 

following Web site: http:// 

www.ams.usda.gov/AMSv1.0/ 

ams.fetchTemplateData.

do?template=Template

N&page=MarketingOrdersSmall

BusinessGuide; 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 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. 

Under the order, Florida tomato 

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 Florida tomatoes 

handled during the fiscal period and 

continue indefinitely until amended, 

suspended, or terminated. The 

Committee’s fiscal period begins on 

August 1, and ends on July 31. 

In an interim final rule published in 

the Federal Register on November 4, 

2009, and effective on November 5, 

2009 (74 FR 57057; Doc. No. AMS–FV– 

09–0063, FV09–966–2 IFR), § 966.232 

was amended by decreasing the 

assessment rate established for the 

Committee for the 2009–10 and 

subsequent fiscal periods from $0.0375 

to $0.0275 per 25-pound carton or 

equivalent of Florida tomatoes. The 

decrease in the per-unit assessment rate 

was possible due to a significant 

decrease in education and promotion 

expenses for 2009–10. 

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 70 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 2008–09 

season was approximately $8.13 per 25- 

pound carton, and total fresh shipments 

for the 2008–09 season were 47,054,853 

25-pound cartons of tomatoes. 

Committee data indicates 10 percent of 

the handlers handle 56 percent of the 

total volume shipped outside the 

regulated area. Based on the average 

price and the other data available, a 

majority 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 continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2009–10 

and subsequent fiscal periods from 

$0.0375 to $0.0275 per 25-pound carton 

of tomatoes. The Committee 

unanimously recommended 2009–10 

expenditures of $1,910,500 and an 

assessment rate of $0.0275 per 25-pound 

container of tomatoes. The assessment 

rate of $0.0275 is $0.01 lower than the 

2008–09 rate. The quantity of assessable 

tomatoes for the 2009–10 season is 


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10410 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Rules and Regulations 

estimated at 50 million. Thus, the 

$0.0275 rate should provide $1,375,000 

in assessment income. Income derived 

from handler assessments, along with 

interest income and funds from the 

Market Access Program will be adequate 

to cover budgeted expenses. 

The major expenditures 

recommended by the Committee for the 

2009–10 fiscal period include $700,000 

for education and promotion, $475,500 

for salaries, $320,000 for research, and 

$70,000 for employee retirement. 

Budgeted expenses for these items in 

2008–09 were $1,200,000, $505,500, 

$320,000, and $77,000, respectively. 

The Committee recommended the 

decrease in assessment rate due to the 

reduction in expenditures for education 

and promotion. 

Prior to arriving at this budget, the 

Committee considered information from 

various sources, such as the 

Committee’s Finance, Research, and 

Education and Promotion 

Subcommittees. Alternative expenditure 

levels were discussed by these groups, 

based upon the relative value of various 

projects to the tomato industry. The 

assessment rate of $0.0275 per 25-pound 

carton of assessable tomatoes was then 

determined by dividing the total 

recommended budget by the quantity of 

assessable tomatoes, estimated at 50 

million 25-pound cartons for the 2009– 

10 season. Considering income from 

assessments, interest, and income from 

other sources, total income will be 

approximately $41,500 above the 

anticipated expenses, which the 

Committee determined to be acceptable. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the grower price for the 2009–10 

season could range between $3.89 and 

$19.01 per 25-pound carton of tomatoes. 

Therefore, the estimated assessment 

revenue for the 2009–10 season as a 

percentage of total grower revenue 

could range between .1 and .7 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 costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 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 20, 

2009, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

This action 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. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Comments on the interim final rule 

were required to be received on or 

before January 4, 2010. No comments 

were received. Therefore, for the reasons 

given in the interim final rule, we are 

adopting the interim final rule as a final 

rule, without change. 

To view the interim final rule, go to 

http://www.regulations.gov/search/ 

Regs/home.html#document

Detail?R=0900006480a503fc. 

This action also affirms information 

contained in the interim final 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 final rule, without 

change, as published in the Federal 

Register (74 FR 57057, November 4, 

2009) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 966 

Marketing agreements, Reporting and 

recordkeeping requirements, Tomatoes. 

PART 966—TOMATOES GROWN IN 

FLORIDA 

■ Accordingly, the interim final rule 

amending 7 CFR part 966, which was 

published at 74 FR 57057 on November 

4, 2009, is adopted as a final rule, 

without change. 

Dated: March 2, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–4779 Filed 3–5–10; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[NRC–2007–0008] 

RIN 3150–AI01 

Alternate Fracture Toughness 

Requirements for Protection Against 

Pressurized Thermal Shock Events; 

Correcting Amendment 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is revising its 

regulations to add a table that was 

inadvertently omitted in a correction 

document published on February 3, 

2010 (75 FR 5495). The February 3, 2010 

document corrected a final rule 

published on January 4, 2010 (75 FR 

13), that amends the NRC’s regulations 

to provide alternate fracture toughness 

requirements for protection against 

pressurized thermal shock (PTS) events 

for pressurized water reactor (PWR) 

pressure vessels. 

DATES: The correction is effective March 

8, 2010, and is applicable to February 3, 

2010, the date the original rule became 

effective. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Lesar, Chief, Rulemaking 

and Directives Branch, Office of 

Administration, Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone 301–492–3663, e-mail 

Michael.Lesar@nrc.gov. 

SUPPLEMENTARY INFORMATION: This 

document adds Table 7 to the NRC’s 

regulations at 10 CFR 50.61a(g) which 

was inadvertently omitted in a 

document published on February 3, 

2010 (75 FR 5495). Therefore, the NRC 

finds that notice and opportunity for 

public comment on this corrective 

action is unnecessary. 

List of Subjects in 10 CFR Part 50 

Antitrust, Classified information, 

Criminal penalties, Fire protection, 

Intergovernmental relations, Nuclear 

power plants and reactors, Radiation 

protection, Reactor siting criteria, 

Reporting and recordkeeping 

requirements. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendments to 10 CFR part 50. 


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