29652 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 

free percentage cherries and does not 

differentiate between product types. 

When the Board met in June 2009 and 

made its recommendation for 

preliminary free and reserve 

percentages, it utilized a crop estimate 

of 284 million pounds. It also computed 

a surplus of 131 million pounds, 

according to the order formula. The 

actual crop materialized at a much 

higher level (355 million pounds). The 

larger crop, combined with a higher 

carryin inventory than initially 

estimated and a lower optimum supply 

due to lower sales from previous years, 

resulted in a larger surplus than initially 

estimated. These changes resulted in a 

higher restricted percentage and a lower 

free percentage than initially 

recommended by the Board as 

preliminary percentages. However, the 

reserve formula under the order is 

designed to ensure that aggregate market 

needs can be met with free percentage 

cherries. The Board followed the 

formula prescribed in the order in 

making its recommendation concerning 

volume regulation. 

In addition, the marketing order does 

not dictate what types of products must 

be placed in the reserve or the products 

that can be used to satisfy a handler’s 

restricted obligation. Handlers can use 

whatever form of product that is 

available to them to meet their restricted 

obligation. This provision takes into 

account that handlers process different 

types of products. 

The Board is continuing to work with 

USDA to solve the oversupply situation 

and most recently made a 

recommendation to add another feature 

to their grower diversion program to 

remove more cherries from production 

to bring supply more in line with 

demand. The industry also has an active 

domestic promotion program designed 

to help increase the demand for tart 

cherries. 

The Board has also made a 

recommendation to make grower 

diversion certificates more valuable to 

the handler by making them not be 

counted as production. This 

recommendation is under consideration 

by the USDA. 

Accordingly, no changes will be made 

to the rule as proposed, based on the 

comments 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/ 

fv/moab.html. 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 

matter presented, including information 

and recommendation submitted by the 

Board 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 handlers are already 

shipping tart cherries from the 2009– 

2010 crop. Further, handlers are aware 

of this rule, which was recommended at 

a public meeting. Also, a fifteen day 

comment period was provided for in the 

proposed rule. 

List of Subjects in 7 CFR Part 930 

Marketing agreements, Reporting and 

recordkeeping requirements, Tart 

cherries. 

■ For the reasons set forth in the 

preamble, 7 CFR part 930 is amended as 

follows: 

PART 930—TART CHERRIES GROWN 

IN THE STATES OF MICHIGAN, NEW 

YORK, PENNSYLVANIA, OREGON, 

UTAH, WASHINGTON, AND 

WISCONSIN 

■ 1. The authority citation for 7 CFR 

part 930 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 930.256 is added to read as 

follows: 

Note: This section will not appear in 

the annual Code of Federal Regulations. 

§ 930.256 Final free and restricted 

percentages for the 2009–2010 crop year. 

The final percentages for tart cherries 

handled by handlers during the crop 

year beginning on July 1, 2009, which 

shall be free and restricted, respectively, 

are designated as follows: Free 

percentage, 32 percent and restricted 

percentage, 68 percent. 

Dated: May 21, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–12770 Filed 5–26–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0028; Airspace 

Docket No. 10–AWP–1] 

Amendment of Area Navigation Route 

Q–15; California 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Area 

Navigation Route Q–15 by modifying a 

segment of the airway to provide 

adequate separation from restricted area 

R–2508 Complex, CA. This action is 

necessary for the safety and 

management of instrument flight rules 

(IFR) operations within the National 

Airspace System (NAS). 

DATES: Effective Date: 0901 UTC, July 

29, 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: Ken 

McElroy, Airspace and Rules Group, 

Office of System Operations Airspace 

and AIM, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

On February 24, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Area Navigation Route Q–15 

in California (75 FR 8286). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal. No 

comments were received. With the 

exception for the order of the points 

listed, (Q–15 route has been reversed to 

comply with policy that odd numbered 

routes be described with the points 

listed from South to North,) this 

amendment is the same as that proposed 

in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

replacing the DOBNE waypoint of Q–15 

with the KENNO waypoint to 

adequately provide the additional 

lateral separation from the boundary of 

R–2508 and Q–15. The operational 

benefits of this change will positively 

impact the day-to-day traffic flow on Q– 

15 within the NAS. 

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Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Rules and Regulations 29653 

Area Navigation Routes are published 

in paragraph 2006 of FAA Order 

7400.9T, dated August 27, 2009 and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Area Navigation Route listed 

in this document would be 

subsequently published in the Order. 

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 Department of 

Transportation (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 United States Code. 

Subtitle I, 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 the 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 modifies an RNAV route in California. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, Environmental Impacts: 

Polices and Procedures, paragraph 311a. 

This airspace action is not expected to 

cause any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

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 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 71.1 of FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, dated August 27, 2009 and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 2006 Area Navigation Routes 

* * * * * 

Q–15 CHILY to LOMIA 

CHILY .................................................... Fix ......................... (Lat. 34°42′49′′ N., long. 112°45′42′′ W.) 

DOVEE ................................................... Fix ......................... (Lat. 35°26′51′′ N., long. 114°48′01′′ W.) 

BIKKR .................................................... WP ......................... (Lat. 36°34′00′′ N., long. 116°45′00′′ W.) 

KENNO .................................................. WP ......................... (Lat. 37°17′53′′ N., long. 117°18′37′′ W.) 

RUSME .................................................. WP ......................... (Lat. 37°29′39′′ N., long. 117°31′12′′ W.) 

LOMIA ................................................... WP ......................... (Lat. 39°13′12′′ N., long. 119°06′23′′ W.) 

Issued in Washington, DC, May 18, 2010. 

Edith V. Parish, 

Manager, Airspace and Rules Group. 

[FR Doc. 2010–12402 Filed 5–26–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0697; Airspace 

Docket No. 09–ACE–10] 

Amendment of Class E Airspace; 

Beatrice, NE 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace for Beatrice, NE. 

Decommissioning of the Shaw nondirectional beacon (NDB) at Beatrice 

Municipal Airport, Beatrice, NE, 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, July 

29, 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 March 15, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class E airspace for Beatrice, NE, 

reconfiguring controlled airspace at 

Beatrice Municipal Airport (75 FR 

12166) Docket No. FAA–2009–0697. 

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 

Beatrice, NE area. Decommissioning of 

the Shaw NDB and cancellation of the 

NDB approach at Beatrice Municipal 

Airport has made this action is 

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 

WReier-Aviles on DSKGBLS3C1PROD with RULES