38324 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

regulation have annual grape sales of 

less than $7,000,000. Based on data 

from the National Agricultural Statistics 

Service and the committee, the average 

crop value for 2008 is about 

$53,040,000. Dividing this figure by the 

number of producers (50) yields an 

average annual producer revenue 

estimate of about $1,060,800, which is 

above the SBA threshold of $750,000. 

Based on the foregoing, it may be 

concluded that a majority of grape 

handlers and none of the producers may 

be classified as small entities. The 

average importer receives $2.8 million 

in revenue from the sale of grapes. 

Therefore, it may be concluded that the 

majority of importers may be classified 

as small entities. 

This rule continues in effect the 

action that revised § 925.304(a) of the 

rules and regulations of the California 

desert grape order and § 944.503(a)(1) of 

the table grape import regulation. This 

rule continues in effect the action that 

relaxed the one-quarter pound 

minimum bunch size requirement for 

the 2009 season for U.S. No. 1 Table 

grade grapes packed in small consumer 

packages containing 2 pounds net 

weight or less. Under the relaxation, up 

to 20 percent of the weight of each 

clamshell container may consist of 

single clusters weighing less than onequarter pound, but with at least five 

berries each. Authority for the change to 

the California desert grape order is 

provided in §§ 925.52(a)(1) and 925.53. 

Authority for the change to the table 

grape import regulation is provided in 

section 8e the Act. 

There is general agreement in the 

industry for the need to relax the 

minimum bunch size requirement for 

grapes packed in clamshells to allow for 

more packaging options, as noted in the 

interim final rule. An alternative 

discussed by the committee was to relax 

the minimum bunch size requirement 

for U.S. No. 1 Table grade grapes packed 

in clamshells containing net weights of 

2, 3, and 4 pounds. The committee 

decided that there is not a problem with 

clamshells containing net weights of 3 

and 4 pounds meeting the minimum 

requirements at this time. Ultimately, 

the committee unanimously agreed that 

the relaxation for grapes packed in 

clamshells containing 2 pounds net 

weight or less was appropriate as a test 

for one season. 

Regarding the impact of this rule on 

affected entities, this rule provides both 

California desert grape handlers and 

importers the flexibility to respond to a 

marketing opportunity on a test basis for 

one season to meet customer demands 

and consumer needs. Handlers and 

importers will be able to provide buyers 

in the retail sector more packaging 

choices. The relaxation may result in 

increased shipments of consumer-sized 

grape packs, which would have a 

positive impact on producers, handlers, 

and importers. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

grape handlers or importers. 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. 

Further, the committee’s meeting was 

widely publicized throughout the grape 

industry and all interested persons were 

invited to attend the meeting and 

participate in committee deliberations. 

Like all committee meetings, the 

November 14, 2008, meeting was a 

public meeting and all entities, both 

large and small, were able to express 

their views on this issue. Also, the 

World Trade Organization, the Chilean 

Technical Barriers to Trade inquiry 

point for notifications under the U.S.- 

Chile Free Trade Agreement, the 

embassies of Argentina, Brazil, Canada, 

Chile, Italy, Mexico, Peru, and South 

Africa, and known grape importers were 

notified of this action. 

Comments on the interim final rule 

were required to be received on or 

before May 18, 2009. 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/fdmspublic/ 

component/ 

main?main=DocketDetail&d=AMS-FV08-0106. 

This action also affirms information 

contained in the interim final rule 

concerning 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). 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this rule. 

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 11275, March 17, 2009) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects 

7 CFR Part 925 

Grapes, Marketing agreements and 

orders, Reporting and recordkeeping 

requirements. 

7 CFR Part 944 

Avocados, Food grades and standards, 

Grapefruit, Grapes, Imports, Kiwifruit, 

Limes, Olives, Oranges. 

PARTS 925 AND 944—[AMENDED] 

■ Accordingly, the interim final rule 

that amended 7 CFR parts 925 and 944 

and that was published at 74 FR 11275 

on March 17, 2009, is adopted as a final 

rule, without change. 

Dated: July 28, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–18414 Filed 7–31–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 932 

[Doc. No. AMS–FV–08–0105; FV09–932–1 

FIR] 

Olives Grown in California; Increased 

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 changed the assessment 

rate established under the marketing 

order (order) for olives grown in 

California for the 2009 and subsequent 

fiscal years. The interim final rule 

increased the assessment rate from 

$15.60 to $28.63 per assessable ton of 

olives handled. The interim final rule 

was necessary to provide adequate 

operating funds for the California Olive 

Committee (committee), which 

administers the order locally. 

DATES: Effective Date: Effective 

August 4, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Robinson, 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: 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 38325 

Jen. Robinson@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/

AMSv1.0/ams.fetchTemplate

Data.do?template=TemplateN&page=

MarketingOrdersSmallBusinessGuide; 

or by contacting Jay Guerber, 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: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 148 and Order No. 932, both as 

amended (7 CFR part 932), regulating 

the handling of olives 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.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

The handling of olives grown in 

California is regulated under 7 CFR part 

932. Under the order, California olive 

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 olives for the entire 

fiscal year, and continue indefinitely 

until amended, suspended, or 

terminated. The committee’s fiscal year 

begins on January 1, and ends on 

December 31. 

In an interim final rule published in 

the Federal Register on February 20, 

2009, and effective on February 21, 2009 

(74 FR 7782, Doc. No. AMS–FV–08– 

0105; FV09–932–1 IFR), § 932.230 was 

amended by increasing the assessment 

rate established for the committee for 

the 2009 and subsequent fiscal years 

from $15.60 to $28.63 per ton of 

assessable olives from the applicable 

crop years. The increase in the per ton 

assessment rate was deemed necessary 

because the 2008–2009 olive crop was 

significantly smaller than the previous 

year’s crop and would not have 

generated adequate assessment revenues 

to meet the committee’s budgeted 

program needs. 

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 1,000 

producers of olives in the production 

area and 2 handlers subject to regulation 

under the marketing order. Small 

agricultural producers are defined by 

the Small Business Administration (13 

CFR 121.201) 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. 

Based upon information from the 

committee, the majority of olive 

producers may be classified as small 

entities. Both of the handlers may be 

classified as large entities. 

This rule continues in effect the 

action that increased the assessment rate 

established for the committee and 

collected from handlers for the 2009 and 

subsequent fiscal years from $15.60 to 

$28.63 per ton of assessable olives. The 

committee unanimously recommended 

2009 expenditures of $1,482,349 and an 

assessment rate of $28.63 per ton. The 

assessment rate of $28.63 is $13.03 

higher than the 2008 rate. The higher 

assessment rate is necessary because 

assessable olive receipts for the 2008–09 

crop year were reported by the CASS to 

be 49,067 tons, compared to 108,059 

tons for the 2007–08 crop year. Actual 

assessable tonnage for the 2009 fiscal 

year is expected to be lower because 

some of the receipts may be diverted by 

handlers to exempt outlets on which 

assessments are not paid. 

Income generated from the $28.63 per 

ton assessment rate should be adequate 

to meet this year’s expenses when 

combined with funds from the 

authorized reserve and interest income. 

Funds in the reserve would be kept 

within the maximum permitted by the 

order of about one fiscal year’s expenses 

(§ 932.40). 

Expenditures recommended by the 

committee for the 2009 fiscal year 

include $495,000 for research, $627,800 

for marketing activities, and $359,549 

for administration. Budgeted 

expenditures for these items in 2008 

were $500,000, $750,000, and $288,552, 

respectively. The 2009 marketing and 

research programs will be scaled back. 

Prior to arriving at this budget, the 

committee considered information from 

various sources, such as the committee’s 

Executive, Market Development, and 

Research Subcommittees. Alternate 

spending levels were discussed by these 

groups, based upon the relative value of 

various research and marketing projects 

to the olive industry and the reduced 

olive production. The assessment rate of 

$28.63 per ton of assessable olives was 

derived by considering anticipated 

expenses, the volume of assessable 

olives and additional pertinent factors. 

A review of historical information 

indicates that the grower price for the 

2008–09 crop year was approximately 

$1,109.47 per ton for canning fruit and 

$380.71 per ton for limited-use sizes, 

leaving the balance as unusable cull 

fruit. Approximately 84 percent of the 

total tonnage of olives received is 

canning fruit sizes and 11 percent is 

limited use sizes, leaving the balance as 

unusable cull fruit. Grower revenue on 

49,067 total tons of canning and limiteduse sizes would be $49,283,177 given 

the current grower prices for those sizes. 

Therefore, with an assessment rate 

increased from $15.60 to $28.63, the 

estimated assessment revenue is 

expected to be almost 3 percent of 

grower revenue. 

This action increases the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs will 

be offset by the benefits derived by the 

operation of the marketing order. In 

addition, the committee’s meeting was 

widely publicized throughout the 

California olive industry and all 

interested persons were invited to 

attend the meeting and participate in 

committee deliberations on all issues. 

Like all committee meetings, the 

December 10, 2008, 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 California olive 

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 final rule 

were required to be received on or 


sroberts on DSKD5P82C1PROD with RULES
38326 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

before April 21, 2009. 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/fdmspublic/ 

component/ 

main?main=DocketDetail&d=AMS-FV08-0105. 

This action also affirms information 

contained in the interim final rule 

concerning 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 7782, February 20, 

2009) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 932 

Marketing agreements, Olives, 

Reporting and recordkeeping 

requirements. 

PART 932—OLIVES GROWN IN 

CALIFORNIA—[AMENDED] 

■ Accordingly, the interim final rule 

that amended 7 CFR part 932 and that 

was published at 74 FR 7782 on 

February 20, 2009, is adopted as final 

rule, without change. 

Dated: July 28, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–18415 Filed 7–31–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 145 

[Docket No. APHIS–2007–0042] 

RIN 0579–AC78 

National Poultry Improvement Plan and 

Auxiliary Provisions; Technical 

Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

April 1, 2009 (74 FR 14710–14719, 

Docket No. APHIS–2007–0042), and 

effective on May 1, 2009, we amended 

the National Poultry Improvement Plan 

(the Plan) and its auxiliary provisions 

by providing new or modified sampling 

and testing procedures for Plan 

participants and participating flocks. In 

that final rule, we amended the U.S. 

Avian Influenza Clean program for 

multiplier meat-type chicken breeding 

flocks to require that 15 birds be tested 

to retain the classification, rather than 

30. However, our amendatory 

instruction accomplishing this change 

also amended the program to require 

multiplier spent fowl to be tested within 

15 days prior to movement to slaughter, 

rather than 30 days. We had intended to 

retain the 30-day requirement. This 

document corrects that error. 

DATES: Effective Date: August 3, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Andrew R. Rhorer, Senior Coordinator, 

Poultry Improvement Staff, National 

Poultry Improvement Plan, Veterinary 

Services, APHIS, USDA, 1498 Klondike 

Road, Suite 101, Conyers, GA 30094– 

5104; (770) 922–3496. 

SUPPLEMENTARY INFORMATION: 

Background 

In a final rule that was published in 

the Federal Register on April 1, 2009 

(74 FR 14710–14719, Docket No. 

APHIS–2007–0042), and effective on 

May 1, 2009, we amended the National 

Poultry Improvement Plan (the Plan) 

and its auxiliary provisions by 

providing new or modified sampling 

and testing procedures for Plan 

participants and participating flocks. 

The regulations in 9 CFR parts 145, 146, 

and 147 contain the provisions of the 

Plan. 

We amended the U.S. Avian Influenza 

Clean program for multiplier meat-type 

chicken breeding flocks in § 145.33(l) by 

reducing the sample of birds required to 

be tested from 30 to 15 and reducing the 

interval at which the sample must be 

tested from 180 to 90 days. As the 30- 

bird sample is referred to 4 times in 

paragraph (l), the amendatory 

instruction to accomplish this change 

indicated that the numeral ‘‘30’’ should 

be replaced each time it occurred in 

paragraph (l) with the numeral ‘‘15.’’ 

However, paragraph (l)(2)(i) of § 145.33 

also contained a requirement that 

multiplier spent fowl be tested within 

30 days prior to movement to slaughter. 

Thus, our amendatory instruction 

inadvertently changed that requirement 

to require testing of multiplier spent 

fowl 15 days prior to slaughter. We had 

intended to retain the 30-day 

requirement. This document corrects 

that error. 

List of Subjects in 9 CFR Part 145 

Animal diseases, Poultry and poultry 

products, Reporting and recordkeeping 

requirements. 

■ Accordingly, we are amending 9 CFR 

part 145 as follows: 

PART 145—NATIONAL POULTRY 

IMPROVEMENT PLAN FOR BREEDING 

POULTRY 

■ 1. The authority citation for part 145 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 

2.22, 2.80, and 371.4. 

§ 145.33 [Amended] 

■ 2. In § 145.33, paragraph (l)(2)(i) is 

amended by removing the words ‘‘15 

days’’ and adding the words ‘‘30 days’’ 

in their place. 

Done in Washington, DC, this 27th day of 

July 2009. 

William H. Clay, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–18485 Filed 7–31–09; 8:45 am] 

BILLING CODE 3410–34–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[NRC–2002–0002] 

RIN 3150–AF12 

Fitness for Duty Programs 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects a 

final rule appearing in the Federal 

Register on March 31, 2008 (73 FR 

16965), that amended the Nuclear 

Regulatory Commission’s (NRC’s) 

regulations that govern fitness for duty 

programs. This document is necessary 

to correct erroneous language in the 

preamble and codified language of the 

final rule. These corrections include 

fixing typographical errors and crossreferences, revising language in the 

preamble to clarify unintended 

discrepancies with the codified rule 

text, and making non-substantive 

changes to the rule text that do not 

modify any requirements in the final 

rule. 

DATES: The correction is effective 

August 3, 2009, and is retroactively 

applicable to March 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Hall, Office of Nuclear Reactor 


sroberts on DSKD5P82C1PROD with RULES