20514 Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations 

this rule will not have any negative 

impact on the rights, roles, and 

responsibilities of State, local, or tribal 

governments. 

List of Subjects in 5 CFR Part 894 

Administrative practice and 

procedure, Employee benefit plans, 

Government employees, Reporting and 

recordkeeping requirements, 

Retirement. 

U.S. Office of Personnel Management. 

John Berry, 

Director. 

■ Accordingly, OPM amends 5 CFR part 

894 as follows: 

PART 894—FEDERAL EMPLOYEES 

DENTAL AND VISION PROGRAM 

■ 1. The authority citation for part 894 

is revised to read as follows: 

Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; 

subpart C also issued under sec. 1 of Pub. L. 

110–279, 122 Stat. 2604. 

Subpart C—Eligibility 

■ 2. Revise § 894.301 to read as follows: 

§ 894.301 Am I eligible to enroll in the 

FEDVIP? 

You are eligible if— 

(a) You meet the definition of 

employee in 5 U.S.C. 8901(1), unless 

you are in an excluded position; 

(b) You are an employee of the United 

States Postal Service or the District of 

Columbia courts; or 

(c)(1) You were employed by the 

Architect of the Capitol as a Senate 

Restaurants employee the day before the 

food services operations of the Senate 

Restaurants were transferred to a private 

business concern; and 

(2) You accepted employment by the 

business concern and elected to 

continue your Federal retirement 

benefits and your FEDVIP coverage. You 

continue to be eligible for FEDVIP 

coverage as long as you remain 

employed by the business concern or its 

successor. 

■ 3. Revise § 894.302 introductory text 

to read as follows: 

§ 894.302 What is an excluded position? 

Excluded positions are described in 5 

U.S.C. 8901(1)(i), (ii), (iii), and (iv) and 

5 CFR 890.102(c), except that employees 

of the United States Postal Service and 

District of Columbia courts are not 

excluded positions. 

* * * * * 

Subpart E—Enrollment and Changing 

Enrollment 

■ 4. Revise § 894.501(d) to read as 

follows: 

§ 894.501 When may I enroll? 

* * * * * 

(d) From 31 days before you or an 

eligible family member loses other 

dental/vision coverage to 60 days after 

a QLE that allows you to enroll. 

■ 5. Revise § 894.510(c) and (d) to read 

as follows: 

§ 894.510 When may I decrease my type of 

enrollment? 

* * * * * 

(c)(1) Except as provided in paragraph 

(c)(2) of this section, you may decrease 

your type of enrollment only during the 

period beginning 31 days before your 

QLE and ending 60 days after your QLE. 

(2) You may make any of the 

following enrollment changes at any 

time beginning 31 days before a QLE 

listed in § 894.511(a): 

(i) A decrease in your self plus one 

enrollment; 

(ii) A decrease in your self and family 

enrollment to a self plus one 

enrollment, when you have only one 

remaining eligible family member; or 

(iii) A decrease in your self and family 

enrollment to a self only enrollment, 

when you have no remaining eligible 

family members. 

(d)(1) Except as provided in paragraph 

(d)(2) of this section, your change in 

enrollment is effective the first day of 

the first pay period following the one in 

which you make the change. 

(2) If you are making an enrollment 

change described in paragraph (c)(2) of 

this section, your change in enrollment 

is effective on the first day of the first 

pay period following the QLE on which 

the enrollment change is based. 

* * * * * 

[FR Doc. 2010–8944 Filed 4–19–10; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Doc. No. AMS–FV–09–0073; FV10–929–1 

FR] 

Cranberries Grown in the States of 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York; Changes to 

Reporting Dates 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule changes reporting 

dates prescribed under the marketing 

order that regulates the handling of 

cranberries grown in the States of 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York. The order is 

administered locally by the Cranberry 

Marketing Committee (Committee). This 

rule revises the due dates of handler 

reports to provide more time for 

handlers to file their reports with the 

Committee, and would improve handler 

compliance with the order’s reporting 

regulations. 

DATES: Effective Date: April 21, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella, Marketing Specialist 

or Kenneth G. Johnson, Regional 

Manager, DC Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (301) 734– 

5243, Fax: (301) 734–5275, or E-mail: 

Patricia.Petrella@ams.usda.gov or 

Kenneth.Johnson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation 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 final 

rule is issued under Marketing 

Agreement and Order No. 929, both as 

amended (7 CFR part 929), regulating 

the handling of cranberries produced in 

States of Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York, 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 final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. 

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 


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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations 20515 

and request a modification of the order 

or to be exempted therefrom. A 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 revises the due dates of 

handler reports from January 5, May 5, 

and August 5 of each fiscal period and 

September 5 of the succeeding fiscal 

period to January 20, May 20, and 

August 20 of each fiscal period and 

September 20 of the succeeding period, 

respectively. The new reporting dates 

will provide more time for handlers to 

file their reports. It has become more 

difficult for handlers to meet the current 

filing deadlines due to the demands of 

growing domestic and international 

markets and the larger volumes of 

cranberries handled. 

Currently, § 929.62(d) of the order 

provides that each handler shall, upon 

request of the Committee, file promptly 

with the Committee a certified report as 

to the quantity of cranberries handled 

during any designated period or 

periods. Further, § 929.105 provides that 

certified reports shall be filed with the 

Committee, on a form provided by the 

Committee, by each handler not later 

than January 5, May 5, and August 5 of 

each fiscal period and by September 5 

of the succeeding fiscal period. These 

reports must show the total quantity of 

cranberries acquired and the total 

quantity of cranberries and Vaccinium 

oxycoccus cranberries the handler 

handled from the beginning of the 

reporting period indicated through 

December 31, April 30, July 31, and 

August 31, respectively. The reports 

must also show the total quantity of 

cranberries and Vaccinium oxycoccus 

cranberries as well as cranberry 

products and Vaccinium oxycoccus 

cranberry products held by the handler 

on January 1, May 1, August 1, and 

August 31 of each fiscal period. 

Information to be submitted to the 

Committee on the handler reports will 

not be changed by this action. 

The Committee recommended that the 

order’s reporting regulations be changed 

to allow handlers additional time to 

submit these reports. Over time, the 

amount of cranberries being grown and 

handled has increased, and the greater 

demands associated with expanding 

markets have made it increasingly 

difficult for handlers to gather the 

information required for the reports 

before the filing deadline. 

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 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 80 handlers 

of cranberries who are subject to 

regulation under the marketing order 

and approximately 1,200 cranberry 

growers in the regulated area. Small 

agricultural service firms are defined by 

the Small Business Administration 

(SBA) (13 CFR 121.201) as those having 

annual receipts of less than $7,000,000, 

and small agricultural producers are 

defined as those having annual receipts 

of less than $750,000. Based on 

information maintained by the 

Committee, the majority of growers and 

handlers of cranberries under the order 

would be considered small entities 

under SBA’s standards. 

Under the order, handlers are 

required to submit acquisition, 

handling, and inventory reports to the 

Committee four times per year. Such 

information is used by the Committee in 

the administration of the order. The 

currently prescribed due dates follow 

the end of each respective reporting 

period by five days. Handlers indicated 

that it has become difficult to comply 

with the current reporting deadlines 

because five days is not enough time to 

compile the information required for the 

reports. 

This rule revises the due dates of 

mandatory handler reports from January 

5, May 5, and August 5 of each fiscal 

period; and September 5 of the 

succeeding fiscal period to January 20, 

May 20, and August 20 of each fiscal 

period; and September 20 of the 

succeeding period, respectively. The 

new reporting dates will provide more 

time for handlers to file their reports. 

At its August 21, 2009, meeting, the 

Committee discussed whether the 

current due dates needed to be changed 

to allow more time for handlers to 

comply with the reporting requirements. 

The Committee staff indicated that 

compliance with the order’s reporting 

requirements will improve if handlers 

were given additional time to file the 

reports. 

The Committee discussed alternatives 

to this change, including not making the 

change at all. However, the Committee 

believes that this change is necessary to 

ensure that handlers have adequate time 

to comply with the order’s 

requirements. 

This rule is not expected to have any 

economic impact on growers or 

handlers of any size. The benefits of this 

rule are not expected to be 

disproportionately greater or less for 

small handlers or growers than for larger 

entities. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

cranberry 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. 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this proposed rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

cranberry 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 21, 

2009, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Finally, interested persons were invited 

to submit comments on this proposal, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

A proposed rule concerning this 

action was published in the Federal 

Register on February 5, 2010 (75 FR 

5898). Copies of the rule were mailed or 

sent facsimile to all Committee members 

and cranberry handlers. The rule was 

made available through the Internet by 

USDA and the Office of the Federal 

Register. A 30-day comment period 

ending March 8, 2010, was provided to 

allow interested persons to respond to 

the proposal. One comment was 

received in support of the proposal from 

Ocean Spray Cranberries, Inc. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 


erowe on DSK5CLS3C1PROD with RULES
20516 Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations 

marketing agreements and orders may 

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

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 

matters 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. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the next reporting 

period ends on May 20 and the 

Committee needs to inform all handlers 

of this change to the reporting time. 

Therefore, this rule should be 

implemented as soon as possible. 

Further, handlers were made aware of 

this change which was recommended at 

a public meeting. Also, a 30-day 

comment period was provided for in the 

proposed rule. 

List of Subjects in 7 CFR Part 929 

Marketing agreements, Reporting and 

recordkeeping requirements, 

Cranberries. 

■ For the reasons set forth in the 

preamble, 7 CFR part 929 is amended as 

follows: 

PART 929—CRANBERRIES GROWN IN 

THE STATES OF MASSACHUSETTS, 

RHODE ISLAND, CONNECTICUT, NEW 

JERSEY, WISCONSIN, MICHIGAN, 

MINNESOTA, OREGON, 

WASHINGTON, AND LONG ISLAND IN 

THE STATE OF NEW YORK 

■ 1. The authority citation for 7 CFR 

part 929 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Amend § 929.105 by revising the 

introductory text of paragraph (b) to 

read as follows: 

§ 929.105 Reporting. 

* * * * * 

(b) Certified reports shall be filed with 

the committee, on a form provided by 

the committee, by each handler not later 

than January 20, May 20, and August 20 

of each fiscal period and by September 

20 of the succeeding fiscal period 

showing: 

* * * * * 

Dated: April 7, 2010. 

David R. Shipman 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–8273 Filed 4–19–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE305; Special Conditions No. 

23–245–SC] 

Special Conditions: Cirrus Design 

Corporation, Model SF50; Fire 

Extinguishing for Upper Aft Fuselage 

Mounted Engine 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Cirrus Design 

Corporation, model SF50 airplane. This 

single turbofan engine airplane will 

have a novel or unusual design 

feature(s) associated with mounting the 

engine in the aft fuselage. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: The effective date of these 

special conditions is April 12, 2010. 

We must receive your comments by 

May 20, 2010. 

ADDRESSES: Mail two copies of your 

comments to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attn: Rules Docket No. CE305, 

901 Locust, Kansas City, MO 64106. 

You may deliver two copies to the 

Regional Counsel at the above address. 

Mark your comments: Docket No. 

CE305. You may inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Leslie B. Taylor, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, 901 Locust, Room 301, Kansas 

City, MO 64106; telephone (816) 329– 

4134; facsimile (816) 329–4090, email 

leslie.b.taylor@faa.gov. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the design approval and 

thus delivery of the affected aircraft. In 

addition, the substance of these special 

conditions has been subject to the 

public comment process in several prior 

instances with no substantive comments 

received. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

Comments Invited 

We invite interested persons to 

submit such written data, views, or 

arguments as they desire. The most 

helpful comments reference a specific 

portion of the special conditions, 

explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You may 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to let you know we 

received your comments on these 

special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On September 9, 2008, Cirrus Design 

Corporation applied for a type 

certificate for their new model SF50. 

The model SF50 is a 7 seat (5 adults and 

2 children), pressurized, retractable 

gear, carbon composite, airplane with 

one turbofan engine mounted partially 

in the upper aft fuselage. 

The single turbofan engine is 

mounted on the upper aft fuselage, not 

in the pilot’s line of site. Upper aft 

fuselage mounted engine installations, 

along with the need to protect such 

installed engines from fires, were not 

envisioned in the development of the 

part 23 normal category regulations. 


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