This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

63724 

Vol. 75, No. 200 

Monday, October 18, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 989 

[Doc. No. AMS–FV–10–0044; FV10–989–2 

PR] 

Raisins Produced From Grapes Grown 

in California; Use of Estimated Trade 

Demand To Compute Volume 

Regulation Percentages 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Withdrawal of proposed rule. 

SUMMARY: This action withdraws a 

proposed rule published in the Federal 

Register on August 6, 2010 (75 FR 

47490), on the use of an estimated trade 

demand figure to compute volume 

regulation percentages for 2010–11 crop 

Natural (sun-dried) Seedless (NS) 

raisins covered under the Federal 

marketing order for California raisins 

(order). The order regulates the handling 

of raisins produced from grapes grown 

in California and is administered locally 

by the Raisin Administrative Committee 

(committee). The proposal provided 

parameters for implementing volume 

regulations for 2010–11 NS raisins for 

the purpose of maintaining the 

industry’s export program and 

stabilizing the domestic market. Based 

upon comments in response to the 

proposed rule, conditions in the 

industry, the change in the worldwide 

raisin outlook, and the lack of industry 

support for an estimated trade demand, 

the proposed rule is being withdrawn. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior 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: 

Terry.Vawter@ams.usda.gov or 

Kurt.Kimmel@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: Marketing 

Agreement and Order No. 989, both as 

amended (7 CFR part 989), regulate the 

handling of raisins produced from 

grapes 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.’’ 

This action withdraws a proposed 

rule, published in the Federal Register 

on August 6, 2010 (75 FR 47490), on the 

establishment of an estimated trade 

demand figure to compute volume 

regulation percentages for 2010–11 crop 

Natural (sun-dried) Seedless (NS) 

raisins covered under the order. 

Specifically, the proposed rule would 

have provided authority for the 

committee to use an estimated trade 

demand for the 2010–11 crop NS raisins 

to compute volume regulation 

percentages, creating a reserve if the 

crop estimate is equal to, less than, or 

no more than 10 percent greater than the 

computed trade demand prescribed 

under the order; provided that the final 

reserve percentage computed using such 

estimated trade demand shall be no 

more than 10 percent, and no reserve 

would be established if the final 2010– 

11 NS raisin crop estimate is less than 

110 percent of the previous crop year’s 

domestic shipments. 

Reserve raisins have historically been 

used by the committee to support 

market development programs that have 

strengthened export sales and reduced 

surpluses, thus providing stability to the 

domestic market. 

During the comment period, August 6 

through 23, 2010, the Department of 

Agriculture (USDA) received eight 

timely comments. These comments may 

be reviewed at: http:// 

www.regulations.gov. Readers may 

access the docket and comments 

submitted by typing the docket number, 

AMS–FV–10–0044, into the Keyword 

field on the home page and clicking on 

Search. The docket details, including 

the list of comments, appear on the 

lower third of the search results page. 

Of the eight comments received, two 

favored implementation of the proposed 

rule. These commenters expressed their 

view that the establishment of an 

estimated trade demand is necessary to 

ensure that volume regulation in 

established for the 2010–2011 crop year. 

Establishment of volume regulation 

would in turn allow development and 

funding of an export program to support 

handler sales in export markets. 

According to these comments, such an 

export program is necessary for the 

California raisin industry to maintain an 

international market presence, sustain 

current sales momentum, and to be 

competitive in the global raisin market. 

Six of the eight comments did not 

favor implementation of the proposed 

rule. These commenters generally stated 

that conditions in the industry and the 

worldwide raisin outlook had changed 

since the proposed rule was 

recommended. More specifically, the 

California raisin industry has 

contracted, and the supply and demand 

for raisins in domestic and export 

markets is relatively balanced. The 

commenters also noted that the 

recommendation for this action was 

made prior to the availability of data 

indicating that the 2010–2011 raisin 

crops in Chile and Turkey are estimated 

to be smaller than in previous years. 

The expected shorter global supply of 

raisins provides export marketing 

opportunities for handlers of California 

raisins and lessens the need for an 

export program to support handler’s 

sales, according to the commenters. 

Further, one commenter stated that if 

volume regulation and an export 

program are implemented this year, it 

could result in inadequate raisin 

supplies for the domestic market. Other 

commenters expressed the opinion that 

with worldwide supply and demand in 

balance, the California raisin industry 

should not utilize volume regulation to 

support handler’s export sales. 

Since the committee made its 

unanimous recommendation to utilize 

estimated trade demand for the 2010– 

2011 crop year on May 13, 2010, 

additional and more current information 

has become available indicating the 

industry and worldwide raisin situation 

has changed, thus reducing the need to 

implement this rule. In addition, 

comments received from handlers and 

growers indicate a lack of support for 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Proposed Rules 63725 

this action. USDA has therefore 

determined to withdraw this rule. 

Accordingly, the proposed rule 

regarding the establishment of an 

estimated trade demand figure to 

compute volume regulation percentages 

for 2010–11 crop NS raisins published 

in the Federal Register on August 6, 

2010 (75 FR 47490), is hereby 

withdrawn. 

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements. 

Authority: 7 U.S.C. 601–674. 

Dated: October 8, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–26163 Filed 10–15–10; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 70 

[Docket No. PRM–70–8; NRC–2009–0184] 

Nuclear Energy Institute; 

Consideration of Petition in the 

Rulemaking Process 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking: 

Resolution and closure of petition 

docket. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) will consider five of 

the issues raised in a petition submitted 

by the Nuclear Energy Institute (NEI), 

and is denying the remaining four issues 

of the petition. The petition requests the 

NRC amend its regulations to clarify 

existing event reporting requirements 

based on experience gained since the 

requirements were revised. 

DATES: The docket for the petition for 

rulemaking PRM–70–8 is closed on 

October 18, 2010. 

ADDRESSES: Further NRC action on the 

issues raised by this petition will be 

accessible at the Federal rulemaking 

portal, http://www.Regulations.gov, by 

searching on rulemaking docket ID 

NRC–2010–0271. The NRC also tracks 

all rulemaking actions in the ‘‘NRC 

Regulatory Agenda: Semiannual Report 

NUREG–0936.’’ 

You can access publically available 

documents related to this petition for 

rulemaking using the following 

methods: 

Federal Rulemaking Web Site: Go to 

http://www.Regulations.gov and search 

for documents filed under the following 

rulemaking docket ID: NRC–2009–0184. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s Public 

Document Room, Room O–1F21, 11555 

Rockville Pike, Rockville, MD. 

NRC’s Agencywide Document 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/ 

NRC/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 Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 301– 

415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Young, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

5795, e-mail: thomas.young@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

The Petition 

The NRC received and docketed a 

petition for rulemaking (ADAMS 

Accession No. ML091110449) dated 

April 16, 2009, filed by the NEI 

(petitioner). On June 4, 2009 (74 FR 

26814), the NRC published a notice of 

receipt requesting comment on the 

petition. The petitioner requested that 

the NRC amend its regulations to clarify 

safety event reporting requirements 

listed in Appendix A to 10 CFR part 70. 

The petitioner stated that in a June 2007 

white paper, NEI documented 

challenges posed by implementation of 

the 2000 version of 10 CFR part 70, 

Appendix A. The petitioner stated that 

the NRC had also observed inconsistent 

reporting of events under Appendix A 

and had developed a matrix of reporting 

issues based on actual events. A 

working group, consisting of NRC and 

industry representatives, was formed to 

achieve a common understanding of 

reports required under Appendix A. The 

petitioner stated that industry endorses 

and is ready to support the suggested 

modifications to Appendix A that were 

indicated in the petition. 

The NRC identified nine issues in the 

petition, as follows: 

(1) In the introductory text of 

Appendix A to 10 CFR part 70, remove 

‘‘except for (a)(1), (a)(2), and (b)(4), after 

they have submitted an ISA [Integrated 

Safety Analysis] Summary in 

accordance with § 70.62(c)(3)(ii). 

Licensees must comply with (a)(1), 

(a)(2), and (b)(4) after October 18, 2000.’’ 

(2) In paragraph (a) of Appendix A to 

10 CFR part 70, change the time 

requirement to submit a written report 

on events reported to the NRC 

Operations Center within 1 hour of 

discovery from 30 days to 60 days. 

(3) Revise paragraph (a)(2) of 

Appendix A to 10 CFR part 70 to clarify 

that the intake is associated with a 

person located outside the controlled 

area, in order to make the reporting 

requirements commensurate with the 

performance requirements described in 

10 CFR 70.61(b)(3). 

(4) Revise paragraph (a)(3) of 

Appendix A to 10 CFR part 70 to read: 

An acute chemical exposure to an 

individual inside the controlled area 

from licensed material or hazardous 

chemicals produced from licensed 

material that could endanger the life of 

a worker; or, a chemical release 

involving licensed material or 

hazardous chemicals produced from 

licensed materials that results in a 

concentration outside of the controlled 

area that exceeds the quantitative 

standards established as required by 10 

CFR 70.61(b)(4)(ii). 

(5) Remove paragraph (a)(5) of 

Appendix A to 10 CFR part 70 which 

states: ‘‘Loss of controls such that only 

one item relied on for safety, as 

documented in the Integrated Safety 

Analysis summary, remains available 

and reliable to prevent a nuclear 

criticality accident, and has been in this 

state for greater than eight hours.’’ 

(6) In paragraph (b) of Appendix A to 

10 CFR part 70, change the time 

requirement to submit written reports 

on events reported to the NRC 

Operations Center within 24 hours of 

discovery, supplemented with the 

information in 10 CFR 70.50(c)(1) as it 

becomes available, from 30 days to 60 

days. 

(7) Revise paragraph (b)(3) of 

Appendix A to 10 CFR part 70 to read, 

‘‘An acute chemical exposure to an 

individual inside the controlled area 

from licensed material or hazardous 

chemicals produced from licensed 

materials that requires medical 

treatment at an off-site medical facility.’’ 

(8) In paragraph (b)(4) of Appendix A 

to 10 CFR part 70, remove ‘‘or may have 

affected’’ to clarify the NRC’s 

expectation on reporting any natural 

phenomenon or other external event, 

including fires internal and external to 

the facility. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS