Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 67609 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 

24, 2010, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

This rule imposes no additional 

reporting or recordkeeping requirements 

on either small or large California dried 

prune 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. As noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this final rule. 

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. 

A proposed rule concerning this 

action was published in the Federal 

Register on August 24, 2010 (75 FR 

51956). Copies of the proposed rule 

were also mailed or sent via facsimile to 

all dried prune handlers. Finally, the 

proposal was made available through 

the Internet by USDA and the Office of 

the Federal Register. A 30-day comment 

period ending September 23, 2010, was 

provided for interested persons to 

respond to the proposal. No comments 

were received. 

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/ 

MarketingOrdersSmallBusinessGuide. 

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 also found 

and determined 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 

2010–11 crop year began on August 1, 

2010, and the marketing order requires 

that the rate of assessment for each crop 

year apply to all assessable dried prunes 

handled during such crop year; (2) the 

Committee needs to have sufficient 

funds to pay its expenses, which are 

incurred on a continuous basis; and 

(3) handlers are aware of this action, 

which was unanimously recommended 

by the Committee at a public meeting 

and is similar to other assessment rate 

actions issued in past years. Also, a 30- 

day comment period was provided in 

the proposed rule, and no comments 

were received. 

List of Subjects in 7 CFR Part 993 

Marketing agreements, Plum, Prunes, 

Reporting and recordkeeping 

requirements. 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ For the reasons set forth in the 

preamble, 7 CFR part 993 is amended as 

follows: 

■ 1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 993.347 is revised to read 

as follows: 

§ 993.347 Assessment rate. 

On and after August 1, 2010, an 

assessment rate of $0.27 per ton of 

salable dried prunes is established for 

California dried prunes. 

Dated: October 25, 2010. 

Robert C. Keeney, 

Acting Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2010–27796 Filed 11–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1215 

[Document Number AMS–FV–10–0010] 

Popcorn Promotion, Research, and 

Consumer Information Order; 

Reapportionment 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule amends the Popcorn 

Promotion, Research and Consumer 

Information Order (Order) to reduce the 

Popcorn Board (Board) membership 

from nine to five members to reflect the 

consolidation of the popcorn industry 

and therefore, fewer popcorn processors 

in the industry. In accordance with the 

Popcorn Promotion, Research and 

Consumer Information Order which is 

authorized by the Popcorn Promotion, 

Research and Consumer Information Act 

(Act), the number of members on the 

Board may be changed by regulation; 

provided, that the Board consist of not 

fewer than four members and not more 

than nine members. In addition, the 

Order states that for purposes of 

nominating and appointing processors 

to the Board, the Secretary may take into 

account the geographical distribution of 

popcorn processors. 

DATES: Effective Date: November 4, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Simmons, Marketing 

Specialist, Research and Promotion 

Branch, Fruit and Vegetable Programs, 

AMS, U.S. Department of Agriculture, 

Stop 0244, 1400 Independence Avenue, 

SW., Room 0632–S, Washington, DC 

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

facsimile: (202) 205–2800; or electronic 

mail: deborah.simmons@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Popcorn Promotion, 

Research, and Consumer Information 

Order [7 CFR part 1215]. The Order is 

authorized under the Popcorn 

Promotion, Research and Consumer 

Information Act [7 U.S.C. 7481–7491]. 

This rule amends the Popcorn 

Promotion, Research and Consumer 

Information Order to reduce the 

Popcorn Board membership from nine 

to five members to reflect the 

consolidation of the popcorn industry 

and therefore, fewer popcorn processors 

in the industry. 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has waived the review process 

required by Executive Order 12866 for 

this action. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. The rule is not intended to have 

retroactive effect and will not affect or 

preempt any other State or Federal law 

authorizing promotion or research 

relating to an agricultural commodity. 

The Act provides that any person 

subject to an order may file a written 

petition with the U.S. Department of 

Agriculture (Department) if they believe 

that the Order, any provision of the 

Order, or any obligation imposed in 

connection with the Order, is not 

established in accordance with law. In 

any petition, the person may request a 

modification of the Order or an 

exemption from the Order. The 

petitioner is afforded the opportunity 

for a hearing on the petition. After a 

hearing, the Department would rule on 

the petition. The Act provides that the 

district court of the United States in any 

district in which the petitioner resides 


emcdonald on DSK2BSOYB1PROD with RULES
67610 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 

or conducts business shall have the 

jurisdiction to review the Department’s 

ruling on the petition, provided a 

complaint is filed not later than 20 days 

after the date of the entry of the ruling. 

Initial Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with 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 the processors 

that would be affected by this rule. The 

purpose of the RFA is to fit regulatory 

action to scale on businesses subject to 

such action so that small businesses will 

not be disproportionately burdened. 

Small agricultural service firms which 

include processors who are covered 

under the Order, have been defined by 

the Small Business Administration (13 

CFR 121.607) as those having annual 

receipts of no more than $7 million. 

Almost 50 percent of the industry is 

exempt from paying assessments. Based 

on information from the Board there are 

currently a total of 40 processors in the 

industry. Of those, 21 processors pay 

mandatory assessments into the 

program. Of the 21 processors, 11 are be 

classified as small processors 

representing 7 percent of the popcorn 

assessed. The top five popcorn 

producing states are Nebraska, Indiana, 

Illinois, Ohio and Iowa. In 2009, 

Indiana, Kansas, Michigan and Ohio 

had decreases in acreage planted and 

harvested while Kentucky, Illinois, 

Iowa, Missouri and Nebraska had 

increases in acreage planted and 

harvested over the acreage planted and 

harvested in 2008. Overall 2009 acreage 

planted increased by 1 percent and 

acreage harvested increased by 4 

percent over 2008 numbers. 

Most of the processors are classified 

as small businesses under the criteria 

established by the Small Business 

Administration. Processors who process 

and distribute 4 million pounds or less 

of popcorn annually are exempt from 

this program. Persons that operate under 

an approved National Organics program 

(NOP) (7 CFR part 206) system plan; 

process only products that are eligible to 

be labeled as 100 percent organic under 

the NOP and are not split operations 

shall be exempt from the payment of 

assessments. 

The Board currently consists of 9 

members which represent small, 

medium and large processors in the 

industry. 

The Board voted during its October 5, 

2009, conference call to request that the 

Secretary reduce the number of 

members from nine to five and to 

appoint persons to reflect the 

consolidation of the popcorn industry 

and therefore, fewer popcorn processors 

in the industry who will equitably make 

up the board between large, medium 

and small processors. The Board will 

continue to strive for diversity within 

the industry. 

Nominations and appointments to the 

Board are conducted pursuant to 

sections 1215.22, 1215.23, and 1215.25 

of the Order. Appointments to the Board 

are made by the Secretary from a slate 

of nominated candidates. Pursuant to 

section 1215.22(3)(i) of the Order, 

nominations for each position shall be 

made by processors, and be submitted to 

the Secretary for appointment to the 

Board. The Order requires that two 

nominees be submitted for each vacant 

position. 

The Department has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Background 

The Order became effective on July 

22, 1997, and it is authorized under the 

Act. The Board is composed of nine 

processors. Nominations take into 

consideration the geographical 

distribution of popcorn production. The 

States that currently have representation 

on the Board are Nebraska, Indiana, 

Iowa, Missouri and Colorado. Based on 

information from the Board, in 2008, the 

top five popcorn producing states were 

Nebraska, Indiana, Illinois, Ohio and 

Iowa. 

Under the Order, the Board 

administers a nationally coordinated 

program of promotion, research, 

consumer information and industry 

information designed to strengthen the 

position of popcorn in the marketplace, 

and to maintain and expand domestic 

and foreign markets and uses for 

popcorn. This program is financed by 

assessments on processors who process 

and distribute 4 million pounds or more 

of popcorn annually. The current rate of 

assessment is 6 cents per 

hundredweight of popcorn. The Order 

specifies that processors are responsible 

for submitting the assessment to the 

Board and maintaining records 

necessary to verify their reporting(s). 

Processors who processes and 

distributes less than 4 million pounds of 

popcorn annually are exempt from this 

assessment. 

On October 5, 2009, the Board voted 

to decrease its membership from nine to 

five. 

A proposed rule was published in the 

Federal Register on June 4, 2010 [75 FR 

31730]. Copies of the rule were made 

available through the Internet by the 

Department and the Office of the 

Federal Register. That rule provided a 

30-day comment period which ended 

July 6, 2010. One comment was received 

by the deadline. 

This rule amends the Popcorn 

Promotion, research and Consumer 

Information Order (Order) to reduce the 

Popcorn Board (Board) membership 

from nine to five members to reflect the 

consolidation of the popcorn industry 

and therefore, fewer popcorn processors 

in the industry. 

Summary of Comments 

In response to the proposed rule, the 

Department received one comment in 

support of the proposed amendment to 

the Order to reduce the Popcorn Board 

membership from nine to five members 

to reflect the consolidation of the 

popcorn industry and therefore, fewer 

popcorn processors in the industry. 

Accordingly, the Department is not 

making any changes to the proposed 

rule based on this comment. 

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

found and determined that good cause 

exists for not postponing the effective 

date of this action until 30 days after 

publication in the Federal Register 

because a final rule needs to be in effect 

before the Board makes a call for 

nominations for the term of office 

beginning January 1, 2011. 

List of Subjects in 7 CFR Part 1215 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Popcorn promotion, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 1215 is amended 

as follows: 

PART 1215—POPCORN PROMOTION, 

RESEARCH, AND CONSUMER 

INFORMATION ORDER 

■ 1. The authority citation for 7 CFR 

part 1215 continues to read as follows: 

Authority: 7 U.S.C. 7481–7491; 7 U.S.C. 

7401. 

■ 2. In § 1215.21, paragraph (a) is 

revised to read as follows: 

§ 1215.21 Establishment and membership. 

(a) There is hereby established a 

Popcorn Board of five members. The 

number of members on the board may 

be changed by rulemaking: Provided, 

that the Board consist of not fewer than 

four members and not more than nine 

members. The Board shall be composed 

of popcorn processors appointed by the 

Secretary under § 1215.24. 

* * * * * 


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Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Rules and Regulations 67611 

Dated: October 25, 2010. 

Robert C. Keeney, 

Acting Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2010–27786 Filed 11–2–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–0037; Directorate 

Identifier 2007–NE–41–AD; Amendment 39– 

16489; AD 2010–17–12R1] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Deutschland Ltd. & Co. KG. (RRD) 

Models Tay 650–15 and Tay 651–54 

Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments; revision. 

SUMMARY: The FAA is revising an 

existing airworthiness directive (AD) for 

the products listed above. This AD 

revision results from the need to correct 

the applicability paragraph of that AD, 

and 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: 

Strip results from some of the engines 

listed in the applicability section of this AD 

revealed excessively corroded low-pressure 

turbine disks stage 2 and stage 3. The 

corrosion is considered to be caused by the 

environment in which these engines are 

operated. Following a life assessment based 

on the strip findings it is concluded that 

inspections for corrosion attack are required. 

The action specified by this European 

Aviation Safety Agency (EASA) AD 2008– 

0122 was intended to avoid a failure of a lowpressure turbine disk stage 2 or stage 3 due 

to potential corrosion problems which could 

result in uncontained engine failure and 

damage to the airplane. It has been later 

realized that the same unsafe condition could 

potentially occur on more serial numbers for 

the Tay 650–15 engines and on the Tay 651– 

54 engines. This AD, superseding EASA AD 

2008–0122, retaining its requirements, is 

therefore issued to expand the Applicability 

in adding further engine serial numbers for 

the Tay 650–15 engines and in adding the 

Tay 651–54 engines. 

We are issuing this AD to detect 

corrosion that could cause the stage 2 or 

stage 3 disk of the LP turbine to fail, 

uncontained engine failure, and damage 

to the airplane. 

DATES: This AD becomes effective 

November 18, 2010. 

We must receive comments on this 

AD by December 3, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of RRD Alert Service Bulletin No. TAY– 

72–A1524, Revision 3, dated March 24, 

2010, as of September 27, 2010 (75 FR 

51651, August 23, 2010). 

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 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Mark Riley, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: mark.riley@faa.gov; phone: (781) 

238–7758; fax: (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

On August 23, 2010, we published AD 

2010–17–12, Amendment 39–16404, in 

the Federal Register (75 FR 51651). That 

AD is applicable to RRD models Tay 

650–15 and Tay 651–54 turbofan 

engines. We discovered that the 

applicability paragraph of that AD is in 

error. This AD revision corrects that 

applicability paragraph. The 

requirements of that AD remain the 

same in this AD revision. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of the United 

Kingdom, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the United 

Kingdom, they have notified us of the 

unsafe condition described in the MCAI. 

We are issuing this AD because we 

evaluated all information provided by 

the European Aviation Safety Agency 

and determined the unsafe condition 

exists and is likely to exist or develop 

on other products of the same type 

design. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because this AD revision reduces 

the applicability, and the impact on the 

affected U.S. registered fleet remains 

unchanged. Therefore, we determined 

that notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2007–0037; 

Directorate Identifier 2007–NE–41–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this AD. Using the 

search function of the Web site, anyone 

can find and read the comments in any 

of our dockets, including, if provided, 

the name of the individual who sent the 

comment (or signed the comment on 

behalf of an association, business, labor 

union, etc.). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 


emcdonald on DSK2BSOYB1PROD with RULES