Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Rules and Regulations 37291 

practicable, consistent with carrying out 

the declared policy of the Act, and the 

issuance of several orders applicable to 

subdivision of the production area 

would not effectively carry out the 

declared policy of the Act; 

(4) The marketing order, as amended, 

and as hereby further amended, 

prescribes, insofar as practicable, such 

different terms applicable to different 

parts of the production area as are 

necessary to give due recognition to the 

differences in the production and 

marketing of kiwifruit grown in the 

production area; and 

(5) All handling of kiwifruit grown in 

the production area is in the current of 

interstate or foreign commerce or 

directly burdens, obstructs, or affects 

such commerce. 

(b) Determinations 

It is hereby determined that: 

(1) Handlers (excluding cooperative 

associations of growers who are not 

engaged in processing, distributing, or 

shipping kiwifruit covered by the order 

as hereby amended) who, during the 

period August 1, 2008, through July 31, 

2009, handled 50 percent or more of the 

volume of such kiwifruit covered by the 

order, as hereby amended, have not 

signed an amended marketing 

agreement; and 

(2) The issuance of this amendatory 

order, further amending the aforesaid 

order, is favored or approved by at least 

two-thirds of the growers who 

participated in a referendum and who, 

during the period August 1, 2008, 

through July 31, 2009 (which has been 

determined to be a representative 

period), have been engaged within the 

production area in the production of 

kiwifruit for market, such producers 

having also produced for market at least 

two-thirds of the volume of such 

commodity represented in the 

referendum. 

(3) In the absence of a signed 

marketing agreement, the issuance of 

this amendatory order is the only 

practical means pursuant to the 

declared policy of the Act of advancing 

the interests of kiwifruit growers in the 

production area. 

Order Relative to Handling of Kiwifruit 

Grown in California 

It is therefore ordered, That on and 

after the effective date hereof, all 

handling of kiwifruit grown in 

California shall be in conformity to, and 

in compliance with, the terms and 

conditions of the said order as hereby 

amended as follows: 

Certain provisions of proposals 

contained in Material Issue numbers 1, 

2, and 4 of the proposed order amending 

the order contained in the 

Recommended Decision issued by the 

Administrator on November 5, 2009, 

and published in the Federal Register 

on November 12, 2009, shall be and are 

the terms and provisions of this order 

amending the order and set forth in full 

herein. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR Part 920 is amended as 

follows: 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 920 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Revise § 920.12 to read as follows: 

§ 920.12 District 

District means the applicable one of 

the following described subdivisions of 

the production area or such other 

subdivision as may be prescribed 

pursuant to § 920.31: 

(a) District 1 shall include Butte, 

Sutter, and Yuba Counties. 

(b) District 2 shall include Tulare 

County. 

(c) District 3 shall include all counties 

within the production area not included 

in Districts 1 and 2. 

■ 3. Revise § 920.20 to read as follows: 

§ 920.20 Establishment and membership. 

There is hereby established a 

Kiwifruit Administrative Committee 

consisting of 12 members, each of whom 

shall have an alternate who shall have 

the same qualifications as the member 

for whom he or she is an alternate. The 

12-member committee shall be made up 

of the following: One public member 

(and alternate), and eleven members 

(and alternates). With the exception of 

the public member and alternate, all 

members and their respective alternates 

shall be growers or employees of 

growers. In accordance with § 920.31(l), 

district representation on the committee 

shall be based upon the previous fiveyear average production in the district 

and shall be established so as to provide 

an equitable relationship between 

membership and districts. The 

committee may, with the approval of the 

Secretary, provide such other allocation 

of membership as may be necessary to 

assure equitable representation. 

■ 4. In § 920.22, revise the first sentence 

of paragraph (a) to read as follows: 

§ 920.22 Nomination. 

(a) Except as provided in paragraph 

(b) of this section, the committee shall 

hold, or cause to be held, not later than 

June 1 of each year in which 

nominations are made, or such other 

date as may be specified by the 

Secretary, a meeting or meetings of 

growers in each district for the purpose 

of designating nominees to serve as 

grower members and alternates on the 

committee. * * * 

* * * * * 

■ 5. Revise paragraph (b) of § 920.32 to 

read as follows: 

§ 920.32 Procedure. 

* * * * * 

(b) Committee meetings may be 

assembled or held by telephone, video 

conference, or other means of 

communication. The committee may 

vote by telephone, facsimile, or other 

means of communication. Votes by 

members or alternates present at 

assembled meetings shall be cast in 

person. Votes by members or alternates 

participating by telephone or other 

means of communication shall be by 

roll call; Provided, That a video 

conference shall be considered an 

assembled meeting, and votes by those 

participating through video conference 

shall be considered as cast in person. 

Dated: June 24, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–15744 Filed 6–28–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1183; Airspace 

Docket No. 09–ASW–38] 

Amendment of Class E Airspace; 

Osceola, AR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for Osceola, AR. 

Decommissioning of the Osceola nondirectional beacon (NDB) at Osceola 

Municipal Airport has made this action 

necessary to enhance the safety and 

management of Instrument Flight Rule 

(IFR) operations at the airport. 

DATES: Effective date 0901 UTC, 

September 23, 2010. The Director of the 

Federal Register approves this 


wwoods2 on DSK1DXX6B1PROD with RULES
37292 Federal Register / Vol. 75, No. 124 / Tuesday, June 29, 2010 / Rules and Regulations 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On February 10, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace for Osceola, AR, 

reconfiguring controlled airspace at 

Osceola Municipal Airport (75 FR 6594) 

Docket No. FAA–2009–1183. Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. Class 

E airspace designations are published in 

paragraph 6005 of FAA Order 7400.9T 

signed August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

amending Class E airspace for the 

Osceola, AR area. Decommissioning of 

the Osceola NDB and cancellation of the 

NDB approach at Osceola Municipal 

Airport has made this action necessary 

for the safety and management of IFR 

operations at the airport. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it amends controlled 

airspace at Osceola Municipal Airport, 

Osceola, AR. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

* * * * * 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ASW AR E5 Osceola, AR [Amended] 

Osceola Municipal Airport, AR 

(Lat. 35°41′28′′ N., long. 90°00′36′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Osceola Municipal Airport. 

Issued in Fort Worth, Texas, on June 16, 

2010. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2010–15671 Filed 6–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0085; Airspace 

Docket No. 10–ACE–1] 

Amendment of Class E Airspace; 

Cherokee, IA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for Cherokee, IA. 

Decommissioning of the Pilot Rock nondirectional beacon (NDB) at Cherokee 

County Regional Airport, Cherokee, IA 

has made this action necessary to 

enhance the safety and management of 

Instrument Flight Rule (IFR) operations 

at the airport. 

DATES: Effective date 0901 UTC, 

September 23, 2010. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On April 7, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to amend Class E 

airspace for Cherokee, IA, reconfiguring 

controlled airspace at Cherokee County 

Regional Airport (75 FR 17637) Docket 

No. FAA–2010–0085. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9T 

signed August 27, 2009, and effective 

September 15, 2009, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace for the 

Cherokee, IA area. Decommissioning of 

the Pilot Rock NDB and cancellation of 

the NDB approach at Cherokee County 


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