Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41397 

person’s eligibility and notify the person 

of the decision. 

(e) Invalid ballots. An invalid ballot 

includes, but is not limited to the 

following: 

(1) Form LS–379 is not signed or all 

required information has not been 

provided; 

(2) Form LS–379 and supporting 

documentation returned in-person or by 

facsimile was not received by close of 

business on the last business day of the 

voting period; 

(3) Form LS–379 and supporting 

documentation returned by mail was 

not postmarked by midnight of the final 

day of the voting period; 

(4) Form LS–379 and supporting 

documentation returned by mail was 

not received in the county FSA or AMS 

office by the 5th business day following 

the final day of the voting period; 

(5) Form LS–379 or supporting 

documentation is mutilated or marked 

in such a way that any required 

information on the Form is illegible; or 

(6) Form LS–379 and supporting 

documentation not returned to the 

appropriate county FSA or AMS office. 

§ 1221.228 Counting ballots. 

(a) Form LS–379 shall be counted by 

county FSA offices or the AMS office on 

the same day as the ballots are 

canvassed if there are no ineligibility 

determinations to resolve. For those 

county FSA offices that do have 

ineligibility determinations, the requests 

shall be counted no later than the 14th 

business day following the final day of 

the voting period. 

(b) Ballots shall be counted as follows: 

(1) Number of valid ballots cast; 

(2) Number of persons favoring the 

Order; 

(3) Number of persons not favoring 

the Order; 

(4) Number of invalid ballots. 

§ 1221.229 FSA county office report. 

The county FSA office report shall be 

certified as accurate and complete by 

the CED or designee, acting on behalf of 

the Administrator, AMS, as soon as may 

be reasonably possible, but in no event 

shall submit no later than the 18th 

business day following the final day of 

the specified period. Each county FSA 

office shall transmit the results in its 

county to the FSA State office. The 

results in each county may be made 

available to the public upon notification 

by the Administrator, FSA, that the final 

results have been released by the 

Secretary. A copy of the report shall be 

posted for 30 calendar days following 

the date of notification by the 

Administrator, FSA, in the county FSA 

office in a conspicuous place accessible 

to the public. One copy shall be kept on 

file in the county FSA office for a period 

of at least 12 months after notification 

by FSA that the final results have been 

released by the Secretary. 

§ 1221.230 FSA State office report. 

Each FSA State office shall transmit to 

the Administrator, FSA, as soon as 

possible, but in no event later than the 

20th business day following the final 

day of the voting period, a report 

summarizing the data contained in each 

of the reports from the county FSA 

offices. One copy of the State summary 

shall be filed for a period of not less 

than 12 months after the results have 

been released and available for public 

inspection after the results have been 

released. 

§ 1221.231 Results of the referendum. 

(a) The Administrator, FSA, shall 

submit to the Administrator, AMS, 

reports from all State FSA offices. The 

Administrator, AMS shall tabulate the 

results of the ballots. USDA will issue 

an official press release announcing the 

results of referendum and publish the 

same results in the Federal Register. In 

addition, USDA will post the official 

results on its Web site. State reports and 

related papers shall be available for 

public inspection upon request during 

normal business hours at the Marketing 

Programs Branch; Livestock and Seed 

Program, AMS, USDA, Room 2628–S; 

STOP 0251; 1400 Independence 

Avenue, SW., Washington, DC. 

(b) If the Secretary deems necessary, 

a State report or county report shall be 

reexamined and checked by such 

persons who may be designated by the 

Secretary. 

§ 1221.232 Disposition of records. 

Each FSA CED will place in sealed 

containers marked with the 

identification of the ‘‘Sorghum Checkoff 

Program Referendum,’’ all of the Forms 

LS–379 along with the accompanying 

documentation and county summaries. 

Such records will be placed in a secure 

location under the custody of FSA CED 

for a period of not less than 12 months 

after the date of notification by the 

Administrator, FSA, that the final 

results have been announced by the 

Secretary. If the county FSA office 

receives no notice to the contrary from 

the Administrator, FSA, by the end of 

the 12 month period as described above, 

the CED or designee shall destroy the 

records. 

§ 1221.233 Instructions and forms. 

The Administrator, AMS, is 

authorized to prescribe additional 

instructions and forms not inconsistent 

with the provisions of this subpart. 

§ 1221.234 Confidentiality. 

The names of persons voting in the 

referendum and ballots shall be 

confidential and the contents of the 

ballots shall not be divulged except as 

the Secretary may direct. The public 

may witness the opening of the ballot 

box and the counting of the votes but 

may not interfere with the process. 

Dated: July 9, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–17272 Filed 7–15–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1429 

RIN 0560–AI02 

Asparagus Revenue Market Loss 

Assistance Payment Program 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Proposed rule. 

SUMMARY: The Commodity Credit 

Corporation (CCC) proposes regulations 

to implement the new Asparagus 

Revenue Market Loss Assistance 

Payment (ALAP) Program authorized by 

the Food, Conservation, and Energy Act 

of 2008 (the 2008 Farm Bill). The 

purpose of the program is to compensate 

domestic asparagus producers for 

marketing losses resulting from imports 

during the 2004 through 2007 crop 

years. Payments will be calculated 

based on 2003 crop production. 

Through the ALAP Program, CCC is 

authorized to provide up to $15 million 

in direct payments to asparagus 

producers. This rule proposes eligibility 

requirements, payment application 

procedures, and the method for 

calculating individual payments. This 

rule also proposes new information 

collection for the payment application. 

DATES: We will consider comments that 

we receive by September 14, 2010. 

ADDRESSES: We invite you to submit 

comments on this proposed rule and on 

the information collection. In your 

comment, include the volume, date, and 

page number of this issue of the Federal 

Register. You may submit comments by 

any of the following methods: 

• E-mail: Gene.rosera@wdc.usda.gov. 

• Fax: (202) 690–1536. 

• Mail: Director, Price Support 

Division, Farm Service Agency (FSA), 

U.S. Department of Agriculture (USDA), 

Mail Stop 0512, Rm. 4095–S, 1400 


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Independence Ave., SW., Washington, 

DC 20250–0512. 

• Hand Delivery or Courier: Deliver 

comments to the above address. 

• Federal Rulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

All written comments will be 

available for public inspection at the 

above address during business hours 

from 8 a.m. to 5 p.m., Monday through 

Friday. A copy of this proposed rule is 

available through the FSA home page at 

http://www.fsa.usda.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Gene Rosera, Program Manager, FSA, 

USDA, Mail Stop 0512, 1400 

Independence Ave., SW., Washington, 

DC 20250–0512; telephone (202) 720– 

8481; fax (202) 690–1536; e-mail: 

gene.rosera@wdc.usda.gov. Persons 

with disabilities who require alternative 

means for communications (Braille, 

large print, audio tape, etc.) should 

contact the USDA Target Center at (202) 

720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Background 

Section 10404 of the 2008 Farm Bill 

(Pub. L. 110–246) directs the Secretary 

of Agriculture to ‘‘make payments to 

producers of the 2007 crop of asparagus 

for market loss resulting from imports 

during the 2004 through 2007 crop 

years.’’ The 2008 Farm Bill provides that 

the payment rate will be based on the 

reduction in asparagus farm revenue for 

the 2004 through 2007 crop years. The 

payment quantity will be the quantity of 

the 2003 crop of asparagus produced on 

a farm, which is used as the ‘‘baseline’’ 

production amount before the losses in 

2004 through 2007 occurred. The ALAP 

Program specified in this rule would 

provide a one-time payment for the 

losses. 

Asparagus is produced on an 

estimated 2,600 farms throughout the 

United States. A substantial increase in 

asparagus imports over the last several 

years resulted in reduced revenue for 

U.S. asparagus producers. The increased 

supply of imported asparagus resulted 

in reduced domestic production, 

reduced U.S. market share of domestic 

producers, and reduced market prices 

for both fresh and processed asparagus 

in the United States. The ALAP Program 

is intended to compensate producers for 

the losses associated with those 

reductions. 

This rule proposes to add 7 CFR part 

1429 to specify the eligibility 

requirements, payment rates, and other 

provisions for the ALAP Program. The 

ALAP Program is a CCC program that 

will be administered by FSA. 

Proposed Eligibility Requirements 

The eligibility requirements in this 

proposed rule are based on provisions 

in the 2008 Farm Bill. To be eligible for 

ALAP as proposed in this rule, 

producers must: 

(1) Have produced asparagus in the 

United States during both crop years 

2003 and 2007; 

(2) Certify production of fresh or 

processed asparagus or both for the 2003 

and 2007 crop years; and 

(3) Apply for payment during the 

application period that will be 

announced by the FSA Deputy 

Administrator for Farm Programs. 

Payments to asparagus producers 

would be calculated for each asparagus 

farm operation, based on their 2003 

production quantity. Each applicant 

would be paid based on the applicant’s 

share of specific asparagus production 

in the base period. 

Payment eligibility for the ALAP 

Program will not be subject to adjusted 

gross income (AGI) and farm income 

limitations as currently specified in 7 

CFR part 1400, because the payment is 

for the 2007 crop. However, to insure a 

fair distribution of funds where the need 

is greatest in the event of an 

oversubscription (a situation where the 

value of the applications would exceed 

available funding), an AGI limit of $2.5 

million and a $100,000 cap on payments 

is proposed. This program is not 

expected, with respect to the authorized 

funding, to be sufficient to pay all 

eligible claims at the maximum 

payment rates. Without the cap, all or 

most of the funds would go, in terms of 

substantial amounts, to large producers 

only. The figure of $100,000 was chosen 

because it provides a substantial level of 

benefits to those who might otherwise 

have larger claims. However, in the 

unlikely event that this program is not 

oversubscribed, the AGI and pay limits 

will not apply. 

Asparagus producers must have been 

in compliance with the regulations in 7 

CFR part 12, ‘‘Highly Erodible Land and 

Wetland Conservation,’’ during the years 

for which the person is requesting 

benefits. Those regulations provide for a 

denial of benefits for failing to comply 

with general requirements regarding the 

handling of highly erodible cropland 

and wetlands. 

Growers producing asparagus under 

contract for crop owners are not 

considered asparagus producers for the 

purposes of the ALAP Program and will 

not be eligible for payments unless the 

grower has an ownership share of the 

crop and risk of loss in the crop itself, 

meaning that the producer will not be 

paid if the crop is not actually 

harvested. The crop owner, which is to 

say the person or entity with the risk of 

loss in the crop, will be eligible for 

payment if all other requirements are 

met. 

Proposed Payment Calculation 

As proposed in this rule, asparagus 

producers who produced asparagus in 

2003 and 2007 would receive a payment 

based on their 2003 crop production 

(referred to as the ‘‘base period’’). The 

rule requires that the producer must 

have been a 2007 producer to be eligible 

for payment on asparagus produced in 

the base period and have produced 

asparagus for the commercial market in 

commercial quantities in 2007. The 

quantity used in the payment 

calculation would be the actual 2003 

production amount marketed by the 

asparagus producer as either fresh or 

processed asparagus and included in the 

application. 

Section 10404 of the 2008 Farm Bill 

requires that the payment quantity for 

asparagus for which asparagus 

producers on a farm are eligible for 

payments will ‘‘be equal to the average 

quantity of the 2003 crop of asparagus 

produced by producers on the farm.’’ 

‘‘Average quantity’’ is not defined in the 

2008 Farm Bill and use of national or 

State averages would not appear to be 

logical or consistent with the language 

of the 2008 Farm Bill. In this rule it is 

proposed instead that producers would 

simply receive their actual production 

on the farm and this would mean use of 

an ‘‘average’’ in the sense that operations 

with multiple producers would have 

individual producers receive their share 

of the production rather than 

duplicating base period quantities. This 

appears to make the most sense in the 

context of the 2008 Farm Bill. Using 

national or State average production 

rates would not reflect the relative 

amount of any individual producer’s 

loss and would not accurately reflect the 

reference to the ‘‘farm’’ in the language 

in section 10404. As for the payment, 

the 2008 Farm Bill specifies that the 

rate, within the funding limits, will be 

based on ‘‘the reduction in revenue 

received by asparagus producers 

associated with imports during the 2004 

through 2007 crop years.’’ The 2008 

Farm Bill does not specify how CCC 

should determine revenue losses, but by 

an economic analysis CCC has 

calculated the amount of relevant loss 

per pound, as an average, for the 2004 

to 2007 crop years as compared to the 

2003 crop year. However, it is expected 

that this calculation would not result in 

the actual payment rate because it 

would produce payments that would 

aggregate to more than the funding 


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limit. CCC plans to prorate the claims by 

dividing the eligible pounds claimed 

into the funding to achieve a per pound 

effective rate, with a certain reserve. As 

specified in the 2008 Farm Bill, the 

available funding is $7.5 million for 

payments for fresh asparagus and $7.5 

million for payments for processed 

asparagus. CCC has estimated that the 

reduced revenue associated with 

imports of asparagus during the 2004 

through 2007 crop years was $141.6 

million for fresh-market asparagus and 

$73.3 million for processed-market 

asparagus. These revenue losses include 

both the loss by domestic producers of 

U.S. market share for the 2004 through 

2007 crops, and the reductions in 

domestic prices directly attributable to 

imports. 

CCC has determined that the total 

domestic production of asparagus for 

the 2003 crop was 133.4 million pounds 

marketed as fresh, and 68.0 million 

pounds marketed as processed. Based 

on analysis of both reduced production 

and reduced prices due to imports for 

the 2004 through 2007 crop years, the 

estimated revenue loss was $1.06 per 

pound of fresh asparagus and $1.08 per 

pound of processed asparagus; 

therefore, these would be considered the 

maximum payment rates, if funds were 

adequate to cover all applications. The 

maximum payment rates are different 

for fresh and processed asparagus 

because the differences in production 

and demand elasticities by marketing 

category result in different revenue 

effects from imports. Fresh asparagus 

accounted for approximately 66 percent 

of total 2003 asparagus production and 

75 percent of the total estimated 

monetary loss over the 2004–2007 

crops. 

As explained below, it is unlikely that 

there will be funds available to 

compensate producers at the maximum 

payment rates, unless very few 

producers apply for the ALAP Program. 

Therefore, the amounts identified as 

maximum payment rates are over 

estimates. The 2008 Farm Bill allocates 

exactly one half of the $15 million 

available for the ALAP Program to each 

marketing category (fresh and 

processed). The rate determination 

process we propose in this rule would 

be implemented as follows: 

Step 1: At the close of the announced 

application period, the total payment 

quantity from all eligible producers 

would be determined. Potential 

maximum payments to eligible 

producers would be calculated by 

separately multiplying the total eligible 

payment quantity in pounds by the 

maximum payment rates for fresh 

asparagus and processed asparagus. 

Step 2: If the total amount of available 

funding allocated for each marketing 

category of asparagus is insufficient to 

compensate eligible producers for their 

eligible payment quantity at the 

maximum payment rates, then CCC 

would recalculate the payment rates 

determined by dividing the funds 

available, less a $300,000 reserve for 

disputed claims, by total nationwide 

payment quantities for fresh and 

processed asparagus. 

Step 3: CCC would pay producers 

using the applicable payment rate 

multiplied by their individual share in 

the actual 2003 production quantity, by 

marketing category, subject to the 

$100,000 cap if there is an 

oversubscription of the program. 

CCC estimates that if payment 

applications were submitted for 90 

percent of the total quantity of the 2003 

crop, the total value of requested 

payments would substantially exceed 

the level of funds available for 

payments. Multiplying 90 percent of the 

estimated 2003 crop production 

quantities by the estimated revenue loss 

per pound would result in the following 

estimated total payment amounts: 

• Potential Requested Fresh Market 

Payments: 

Æ 133,400,000 lbs × 90 percent × 

$1.06/lb. = $127,263,600, 

Æ $119,763,600 over the allocated 

funding level, and 

• Potential Requested Processed 

Market Payments: 

Æ 68,000,000 lbs × 90 percent × 

$1.08/lb. = $66,096,000, 

Æ $58,576,000 over the allocated 

funding level. 

Based on the 90 percent examples, the 

estimated payment rate for fresh-market 

payments would be 6.12 cents per 

pound and the processed market 

payment rate would be 12.00 cents per 

pound. This would result in the 

following payments, leaving $300,000 in 

reserve funds: 

• Fresh Market Payments: 

120,060,000 lbs × 6.12 cents/lb. = 

$7,347,672 

• Processed Market Payments: 

61,200,000 lbs × 12.00 cents/lb. = 

$7,344,000. 

Proposed Application Process 

CCC proposes to establish and 

announce a 30-day period for 

submitting payment applications for the 

ALAP Program. The application 

deadline will be announced in the final 

rule that will be published in the 

Federal Register. During the application 

period, asparagus producers may apply 

in person at FSA county offices during 

regular business hours. Applications 

may also be submitted to FSA by mail 

or fax. The ALAP Program applications 

may be obtained in person, by mail, 

telephone, and fax from any FSA county 

office or via the Internet at http:// 

www.sc.egov.usda.gov. The application 

is for an asparagus farm operation, 

including all producers who have a 

share in that operation, but only the 

producers in an operation who sign the 

application will be eligible to receive 

payment. Producers may receive 

payment from shares in multiple 

operations if they sign an application for 

each operation, subject to the $100,000 

cap. 

Any applications not received by FSA 

by the last day of the application period 

would not receive consideration and 

producers on a late application would 

be ineligible for payment. A deadline for 

applications is necessary because CCC 

needs to know the total value of 

requested payments in order to calculate 

the payment rates to stay within 

available funding. The ALAP Program 

provides a one-time payment for 

asparagus market losses; the 2008 Farm 

Bill does not authorize annual 

appropriations for the ALAP Program. 

Therefore, there will be one application 

period for the ALAP Program. 

CCC proposes to hold in reserve 

$300,000 for errors and appeals; 

however, these reserve funds are only 

intended for corrections and payments 

for disapproved applications that are 

successfully appealed. Although CCC 

has discretion to grant relief and accept 

a late-filed application as timely filed, 

the late-filed application so approved 

would only be paid if there are available 

non-reserve funds. CCC does not expect 

that there will be any non-reserve funds 

available because the total expected 

applications are anticipated to use all 

available funds. 

The 2008 Farm Bill ties the payments 

to 2003 production quantities. The 

application would require a producer to 

submit a certification of 2003 asparagus 

production and a certification that the 

same producer was also a producer of 

asparagus on a farm in 2007. Asparagus 

producers would need to provide 

acceptable production records for 2003 

asparagus production, if requested. 

Applicants would not be required to 

submit 2007 production records because 

2007 production would not be used in 

the calculation of payment quantity or 

rate. However, at the discretion of CCC, 

certifications of producer eligibility, 

including, but not limited to, 

certification of an interest in 2007 

asparagus production on a farm, are 

subject to spot check and verification by 

CCC. The producer’s place of 

production does not have to be the same 

in 2007 as it was in 2003. Production 


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beyond 2007 is not specifically required 

by the 2008 Farm Bill though the 

general reference to ‘‘producers’’ in the 

statute might arguably be construed to 

mean a continuing status as a producer. 

The rule as proposed does not require 

a continuing status as a producer 

beyond 2007, but it is as an area for 

comment. 

Information provided on applications 

and supporting documentation will be 

subject to verification by CCC; however, 

CCC is under no obligation to perform 

spot checks within any specific time 

frame and applicants are responsible for 

producing documents substantiating 

their application when requested by 

CCC. 

In the event that CCC finds that a 

payment was issued based on inaccurate 

information on a certification submitted 

by an applicant, CCC may require a 

refund of all payments. 

Asparagus producers determined to 

have made any false certifications or 

adopted any misrepresentation, scheme, 

or device that defeats the program’s 

purpose will be required to refund any 

payments issued through the ALAP 

Program with interest, and may be 

subject to other civil, criminal, or 

administrative remedies. 

Asparagus producers who apply for 

payment will receive payment only for 

their share of asparagus production in 

asparagus operations that operated in 

the 2003 base period. If every asparagus 

producer with a share in the asparagus 

farm operation does not sign the 

application; payments will not be 

calculated for the entire production of 

the asparagus farm operation, but will 

be calculated only for the share of the 

asparagus producers who signed the 

application. Similarly, if every producer 

with a share in the operation does not 

meet the eligibility requirements 

including the AGI limit, payments will 

not be calculated for the entire 

production of the operation, but will be 

calculated only for the share of the 

producers who meet the AGI and all 

other eligibility requirements. 

Notice and Comment 

The Administrative Procedures Act (5 

U.S.C. 553) provides generally that 

before rules are issued by Government 

agencies, a proposed rule must be 

published in the Federal Register, and 

interested persons must be given an 

opportunity to participate in the 

rulemaking through submission of data, 

views, or arguments. The law exempts 

from this requirement rules, such as this 

one, relating to public property, loans, 

grants, benefits, and contracts. However, 

the Secretary of Agriculture published 

in the Federal Register on July 24, 1971 

(36 FR 13804), a Statement of Policy 

that USDA would publish a notice of 

proposed rulemaking for such rules. 

USDA is committed to providing the 

public reasonable opportunity to 

participate in rulemaking. 

Executive Order 12866 

This proposed rule has been 

determined to be significant under E.O. 

12866 and has been reviewed by the 

Office of Management and Budget. A 

summary of economic impacts is 

provided below, and the cost-benefit 

analysis is available from the contact 

information listed above. 

Summary of Economic Impacts 

The 2008 Farm Bill authorizes $15 

million in payments to asparagus 

producers for losses that asparagus 

producers sustained due to imports. The 

estimated U.S. asparagus revenue losses 

due to crop year 2004 through 2007 

imports in the fresh market totaled 

$141.6 million, and in the processed 

market, $73.3 million, for a total of 

$214.9 million in losses. Therefore, we 

expect to receive applications that 

exceed the available funding. The 

payment rates would be calculated so as 

not to exceed the available funding. The 

expected benefit to producers is $15 

million, which is all of the available 

funding. Since producers are being paid 

for past losses on past production, this 

program is not expected to increase 

production of asparagus or to change the 

price that consumers pay for asparagus. 

Alternative methods for calculating 

payment quantities and rates would 

result in a different distribution of 

payment amounts among producers, but 

would not reduce the costs or benefits 

of this program to below $15 million. 

Regulatory Flexibility Act 

According to the 2007 Census of 

Agriculture, there are 2,605 asparagus 

farms, with 1,408 of those farms 

harvesting 1 acre or less. Those farms 

harvesting 100 acres or more account for 

5 percent of farms harvesting asparagus 

and 74 percent of all asparagus 

production. Most of the payments as 

specified in this rule would go to the 

larger farms that accounted for most of 

the production, rather than the smaller 

farms. CCC is proposing to calculate and 

disburse payments based on the actual 

2003 crop production quantities for 

fresh and processed marketing. Both 

small and large farms would receive 

payment in proportion to their 

production, subject to the $100,000 cap 

that will impact only the largest farms. 

Direct and indirect costs of applying for 

these one-time payments would likely 

to be very small as a percentage of the 

resulting payment. The minimal 

regulatory requirements would impact 

large and small businesses equally, and 

the program’s benefits should slightly 

improve cash flow and liquidity for 

farmers participating in the program. 

Therefore, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

601), CCC is certifying that there would 

not be a significant economic impact on 

a substantial number of small entities. 

Due to the limited amount of funding 

available, payments are unlikely to have 

a substantial economic impact on 

entities of any size. 

Environmental Review 

The environmental impacts of this 

rule have been considered in a manner 

consistent with the provisions of the 

National Environmental Policy Act 

(NEPA, 42 U.S.C. 4321–4347), the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and FSA regulations for 

compliance with NEPA (7 CFR part 

799). The implementation and 

administration of ALAP Program 

required by the 2008 Farm Bill that is 

identified in this rule is nondiscretionary in nature, solely providing 

financial assistance. Therefore, FSA has 

determined that NEPA does not require 

that an environmental assessment or 

environmental impact statement be 

prepared and neither will be prepared. 

Executive Order 12372 

For reasons set forth in the Notice to 

7 CFR part 3015, subpart V (48 FR 

29115, June 24, 1983), the programs and 

activities within this rule are excluded 

from the scope of Executive Order 

12372, which requires 

intergovernmental consultation with 

State and local officials. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988. The provisions 

of this proposed rule will not have 

preemptive effect with respect to any 

State or local laws, regulations, or 

policies that conflict with such 

provision or which otherwise impede 

their full implementation. The rule will 

not have retroactive effect. Before any 

judicial action may be brought regarding 

this rule, all administrative remedies 

must be exhausted. 

Executive Order 13132 

The policies contained in this rule 

would not have any substantial direct 

effect on States, the relationship 

between the Federal Government and 

the States, or the distribution of power 

and responsibilities among the various 

levels of government. Nor would this 


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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41401 

proposed rule impose substantial direct 

compliance costs on State and local 

governments. Therefore, consultation 

with the States is not required. 

Executive Order 13175 

The policies contained in this rule do 

not impose substantial unreimbursed 

direct compliance costs on Indian tribal 

governments or have tribal implications 

that preempt tribal law. 

Unfunded Mandates 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) requires Federal agencies to 

assess the effects of their regulatory 

actions on State, local, and tribal 

governments or the private sector. 

Agencies generally must prepare a 

written statement, including a cost 

benefit analysis, for proposed and final 

rules with Federal mandates that may 

result in expenditures of $100 million or 

more in any 1 year for State, local, or 

tribal governments, in the aggregate, or 

to the private sector. UMRA generally 

requires agencies to consider 

alternatives and adopt the more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This proposed rule contains no Federal 

mandates, as defined under title II of the 

UMRA, for State, local, and tribal 

governments or the private sector. Thus, 

this proposed rule is not subject to the 

requirements of sections 202 and 205 of 

UMRA. 

Federal Assistance Programs 

The title and number of the Federal 

assistance program in the Catalog of 

Domestic Federal Assistance to which 

this rule will apply is 10.098— 

Asparagus Revenue Market Loss 

Assistance Program. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), CCC is requesting 

comments from all interested 

individuals and organizations on new 

information collection activities 

associated with the ALAP Program. The 

information collection is necessary to 

implement the new program. CCC is 

making payments to eligible domestic 

asparagus producers for marketing 

losses due to imports during the 2004 

through 2007 crop years. 

Title: Asparagus Revenue Market Loss 

Assistance Payment Program. 

OMB Number: 0560–NEW. 

Type of Request: New information 

collection. 

Abstract: This information collection 

is needed for CCC to identify eligible 

asparagus producers and to make 

payments to those producers through 

the ALAP Program. CCC requires 

producers to submit an application on a 

form specified by CCC to the FSA 

County Office for the farms where they 

produced 2003 and 2007 crop 

asparagus. 

For an application to be accepted and 

approved, the producer will be required 

to provide the following information: 

producer name, address, and taxpayer 

identification number; the name and 

location of the farm where 2003 crop 

asparagus was produced, the amount of 

asparagus produced in 2003, and a 

certification of interest in a farm where 

2007 crop asparagus was produced; the 

applicant signature; the applicant’s 

percentage share of 2003 crop asparagus 

production on the farm; the quantities 

expressed in pounds or hundredweight 

of 2003 crop asparagus marketed as 

fresh and marketed as processed, and 

the total of those two amounts. 

Also, about 700 applicants are 

expected to complete a direct deposit 

application form, and all producers, if 

not submitting electronically, will travel 

an average of one hour to submit their 

application to the FSA county office. 

The average travel time is included in 

the estimated burden. 

The following estimated burden is 

based on the 2007 Census of Agriculture 

that reports 2007 crop asparagus was 

produced on 2,605 farms in 48 States 

reporting harvested acreage of 43,010 

acres. The major producing states were 

California (20,211 harvested acres); 

Michigan (12,127 harvested acres); and 

Washington (7,007 harvested acres). 

That Census reports that 11 States had 

10 acres or less harvested that year. 

Based on information provided by the 

asparagus industry, there are about 1.1 

producers per asparagus farm, or 

approximately 2,800 producers each 

having a crop share. These data serve as 

basis for the following estimates. 

Respondents: Producers of 2007 crop 

asparagus who also produced 2003 crop 

asparagus. 

Estimated Annual Number of 

Applicants: 2,800. 

Estimated Annual Number of Forms 

per Applicant: 1.25. 

Estimated Average Time to Respond: 

83 minutes. 

Estimated Total Annual Burden 

Hours: 3,850 hours. 

We are requesting comments on all 

aspects of the information collection to 

help us to: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

administration of FSA, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of FSA’s 

estimate of burden, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

will respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms or 

information collection. 

All comments received in response to 

this rule, including names and 

addresses when provided, will be a 

matter of public record and will be 

available for review at the above 

address. Comments, including any 

comments that are received on the 

information collection, will be 

summarized in the submission for the 

Office of Management and Budget 

approval and included as supplemental 

information when the final rule is 

published in the Federal Register. 

E-Government Act Compliance 

CCC 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. 

List of Subjects in 7 CFR Part 1429 

Asparagus, Reporting and record 

keeping requirements. 

For the reasons discussed in the 

preamble, the Commodity Credit 

Corporation (USDA) proposes to add 7 

CFR part 1429 to read as follows: 

Part 1429—ASPARAGUS REVENUE 

MARKET LOSS ASSISTANCE 

PAYMENT PROGRAM 

Sec. 

1429.101 Applicability. 

1429.102 Administration. 

1429.103 Definitions. 

1429.104 Application requirements. 

1429.105 Producer eligibility requirements. 

1429.106 Proof of production. 

1429.107 Maximum and final payment 

rates. 

1429.108 Calculation of individual 

payments. 

1429.109 Availability of funds. 

1429.111 Misrepresentation and scheme or 

device. 

1429.112 Death, incompetence, or 

disappearance. 

1429.113 Maintaining records. 

1429.114 Refunds; joint and several 

liability. 

1429.115 Miscellaneous provisions and 

appeals. 

Authority: 15 U.S.C. 714b and 714c, and 

Sec. 10404, Pub. L. 110–246, 122 Stat. 2111. 


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41402 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 

§ 1429.101 Applicability. 

(a) The regulations in this part are 

applicable to program applicants who 

produced both 2003– and 2007–crop 

asparagus. Asparagus producers may 

apply to the Commodity Credit 

Corporation (CCC) for a payment based 

on the actual quantity of their 2003 

asparagus production and their share of 

that production. 

(b) Total payments made through the 

Asparagus Revenue Marketing Loss 

Assistance Payment Program will not 

exceed $15 million, allocated as $7.5 

million for fresh asparagus and $7.5 

million for processed asparagus, less 

any reserve allocated for disputed 

claims. 

§ 1429.102 Administration. 

(a) The Asparagus Revenue Market 

Loss Assistance Payment Program will 

be administered under the general 

supervision of the Executive Vice 

President, CCC (Administrator, Farm 

Service Administration (FSA)), or a 

designee, and will be carried out in the 

field by FSA State and county 

committees and FSA employees. 

(b) FSA State and county committees, 

and representatives and employees of 

those committees, do not have the 

authority to modify or waive any of the 

provisions of this part, except as 

provided in paragraph (e) of this 

section. 

(c) The FSA State committee will take 

any action required by this part that has 

not been taken by the FSA county 

committee. The FSA State committee 

will also: 

(1) Correct or require correction of an 

action taken by an FSA county 

committee that is not in compliance 

with this part; and 

(2) Require an FSA county committee 

to not take an action or implement a 

decision that is not in compliance with 

the regulations of this part. 

(d) No delegation in this part to an 

FSA State or county committee will 

preclude the Executive Vice President, 

CCC, or a designee, from determining 

any question for the Asparagus Revenue 

Marketing Loss Assistance Payment 

Program, or from reversing or modifying 

any determination made by a State or 

county committee. 

(e) The Deputy Administrator for 

Farm Programs, FSA, may authorize 

FSA State and county committees to 

waive or modify program requirements 

that are not statutory in cases where 

failure to meet such requirements does 

not adversely affect the operation of the 

Asparagus Revenue Market Loss 

Assistance Payment Program. 

§ 1429.103 Definitions. 

The following definitions apply to 

this part. The definitions in parts 718 

and 1400 of this title also apply, except 

where they conflict with the definitions 

in this section. 

Application means the Asparagus 

Revenue Market Loss Assistance 

Payment Program application form 

approved for use in this program by 

CCC and any required accompanying 

information or documentation. 

Application period means the 30-day 

period established by the Deputy 

Administrator for producers to apply for 

the Asparagus Revenue Marketing Loss 

Assistance Payment Program. 

Asparagus producer means any 

individual, group of individuals, 

partnership, corporation, estate, trust, 

association, cooperative, or other 

business enterprise or other legal entity, 

as defined in § 1400.3 of this chapter, 

who is an owner, operator, landlord, 

tenant, or sharecropper, who directly or 

indirectly, as determined by the 

Secretary, shares in the risk of 

producing asparagus and who is entitled 

to ownership share in the asparagus 

crop available for marketing from the 

farm operation. Growers producing 

asparagus under contract for crop 

owners are not considered asparagus 

producers unless the grower can be 

determined to have an ownership share 

of the crop. 

Base period means the 2003 crop year 

of asparagus. 

County office means the FSA office 

responsible for administering CCC 

programs located in a specific area in a 

State. 

Crop year means the marketing season 

or year as defined by the National 

Agricultural Statistics Service (NASS). 

Department or USDA means the U.S. 

Department of Agriculture. 

Determined production means, with 

respect to the base period, the total 

amount of fresh and processed 

asparagus specified on the application 

for payment verified by CCC as having 

been produced and marketed by the 

producer in the base period. 

Farm Service Agency or FSA means 

the Farm Service Agency of the U.S. 

Department of Agriculture. 

Fresh asparagus means domesticallyproduced asparagus that, regardless of 

intended use, was marketed as a fresh 

product without any processing other 

than cleaning, grading, sorting, 

trimming, drying, cooling, and packing. 

Hundredweight or cwt. means 100 

pounds. 

Processed asparagus means 

domestically-produced asparagus that, 

regardless of intended use, was 

marketed as frozen, canned, pickled, or 

otherwise treated or handled in such 

fashion that the buyer would not 

consider the asparagus to be consumed 

as fresh, as determined by CCC. 

Reliable production records means 

evidence provided by the producer to 

the FSA county office that FSA 

determines is adequate to substantiate 

the amount of production reported 

when verifiable records are not 

available, including copies of receipts, 

ledgers of income, income statements, 

deposit slips, register tapes, invoices for 

custom harvesting, records to verify 

production costs, contemporaneous 

measurements, truck scale tickets, and 

contemporaneous diaries. When the 

term ‘‘acceptable production records’’ is 

used in this rule, it may be either 

reliable or verifiable production records, 

as defined in this section. 

Reported production means the total 

amount of fresh and processed 

asparagus produced and marketed by a 

producer, as specified by a producer on 

the application for payment. 

Verifiable production records mean 

evidence that is used to substantiate the 

amount of production reported and that 

can be verified by FSA through an 

independent source. 

United States means the 50 States of 

the United States, the District of 

Columbia, and Puerto Rico. 

§ 1429.104 Application requirements. 

(a) To be eligible for payment, 

asparagus producers must submit a 

completed application for payment and 

meet other eligibility requirements as 

specified in this part. Asparagus 

producers may obtain an application in 

person, by mail, by telephone, or by 

facsimile from any FSA county office. In 

addition, applicants may download a 

copy of the application from http:// 

www.sc.egov.usda.gov. 

(b) An application for payment must 

be submitted on a completed 

application form. Applications and any 

other supporting documentation must 

be submitted to the FSA county office 

serving the county in which the 

producer produced asparagus in 2003 

unless the producer now resides in a 

different county than the county in 

which asparagus was produced in the 

base period. 

(c) Asparagus producers who apply 

for payment must certify the 

information on the application before 

the application will be considered 

complete. Applications may be 

accompanied by acceptable production 

records for all fresh and processed 

asparagus produced and marketed from 

the farm in the 2003 crop year. 

Producers must certify they had a share 

interest in both 2003 and 2007 crop 


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Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41403 

asparagus. To be eligible for payment on 

asparagus produced in the base period, 

the producer must have produced 

asparagus in 2007 for the commercial 

market in commercial quantities as 

determined for this purpose by the 

Deputy Administrator. At any time CCC 

deems appropriate, either before or after 

payment issuance, CCC may, at its 

discretion, require a producer to provide 

documentation to support: 

(1) Reported production of 2003 crop 

fresh or processed asparagus production 

or both entered on the application 

accompanied by acceptable production 

record, 

(2) Share percentage of 2003 crop 

production by marketing category for 

each producer in the asparagus farm 

operation, or 

(3) Any other eligibility requirement 

specified in this part including 

commercial quantities of 2007 

production to meet the 2007 production 

requirement. 

(d) Each asparagus producer who 

signs the application must certify the 

accuracy and truthfulness of the 

information in the application and any 

supporting documentation. All 

information provided is subject to 

verification by CCC. Refusal to allow 

CCC or any other agency of USDA to 

verify any information provided will 

result in a denial of eligibility. 

Furnishing the information is voluntary; 

however, without it program payments 

will not be approved. Providing a false 

certification may be punishable by 

imprisonment, fines, and other penalties 

or sanctions. 

(e) Data furnished by the applicants 

will be used to determine eligibility for 

program payments. Although 

participation in the Asparagus Revenue 

Market Loss Assistance Payment 

Program is voluntary, program 

payments will not be provided unless 

the participant furnishes a complete 

application by the end of the 

application period with all requested 

data. 

(f) Individuals or entities who submit 

applications after the application period 

are not entitled to any payment 

consideration or determination of 

eligibility. Regardless of the reason why 

an application is not submitted to or 

received by the FSA county office, any 

late application will be considered as 

not having been timely filed and the 

applicants on that application will not 

be eligible for the Asparagus Revenue 

Marketing Loss Assistance Payment 

Program. 

§ 1429.105 Producer eligibility 

requirements. 

(a) To be eligible to receive the 

Asparagus Revenue Marketing Loss 

Assistance Payment Program payments, 

asparagus producers must submit an 

application during the application 

period and must: 

(1) Have produced and marketed 

asparagus in commercial quantities in 

commercial markets in the United States 

during both of the 2003 and 2007 crop 

years; 

(2) Be an asparagus producer, as 

defined in § 1429.103, for the 2003 and 

2007 crop years; 

(3) Certify their shares and the pounds 

of fresh and processed asparagus 

produced and marketed from the farm 

operation during the 2003 crop year as 

reflected on the application; 

(4) If the total value of payments 

claimed exceeds the available funding, 

have an average adjusted gross income 

(AGI) of less than $2.5 million for the 

three taxable years of 2004–2006; and 

(5) Be in compliance with the 

requirements in 7 CFR part 12 regarding 

highly erodible cropland and wetlands 

and meet any general farm program 

eligibility requirements that apply 

under 7 CFR part 1400 or other 

regulations as applicable. 

(b) Asparagus producers must sign an 

application to be considered for 

payment eligibility. Asparagus 

producers who do not sign an 

application will not receive payment or 

a determination of eligibility, even if 

other producers in the asparagus farm 

operation sign an application and 

receive payment. 

(c) Each applicant determined by spot 

check or other information to not have 

an interest as an asparagus producer in 

2003 and 2007 who meets the other 

qualifications of this part will be 

ineligible for payment and such 

applicant’s claimed share shown on the 

application will not be paid. 

§ 1429.106 Proof of production. 

(a) Producers selected for spot check 

by CCC must, in accordance with 

instructions issued by the Deputy 

Administrator or his designee, provide 

adequate proof of the fresh and 

processed asparagus produced and 

marketed during the 2003 and 2007 crop 

years. 

(b) If adequate proof of marketed 

production and supporting 

documentation in support of any 

application for payment is not presented 

to the satisfaction of CCC or the FSA 

county office requesting information, 

the application and the producers on 

that application will be determined 

ineligible for payment. 

§ 1429.107 Maximum and final payment 

rates. 

(a) Subject to the funding limits that 

may apply to the program, the estimated 

maximum per pound payment rates for 

fresh market asparagus and for 

processed market asparagus are: 

(1) $1.06 per pound ($106.00 per 

hundredweight) for 2003 crop quantities 

of asparagus marketed to fresh markets; 

and 

(2) $1.08 per pound ($108.00 per 

hundredweight) for 2003 crop quantities 

of asparagus marketed for processing. 

(b) This program will be administered 

to assure that total payments do not 

exceed the available funding. If the total 

value of payments claimed calculated 

using the maximum payment rates 

specified in paragraph (a) of this section 

exceeds the funding available for each 

marketing category, less any reserve that 

may be created as specified in paragraph 

(e) of this section, the payment 

quantities will be paid at a lower rate 

determined by dividing the funds 

available in each marketing category of 

asparagus, by the payment quantity 

from applications received by the end of 

the application period in each 

marketing category. 

(c) In no event will the payment rate 

exceed the maximum payment rate for 

each marketing category of asparagus 

determined in paragraph (a) of this 

section. 

§ 1429.108 Calculation of individual 

payments. 

(a) Producers will be eligible for 

payment for both fresh and processed 

asparagus. CCC will calculate the 

payment quantity of 2003 fresh and 

processed asparagus for an asparagus 

farm operation based on the lower of: 

(1) Reported production reflected on 

the application, or 

(2) If applicable, determined 

production. 

(b) The payment quantity will be 

multiplied by the following: 

(1) Each asparagus producer’s share, 

and 

(2) The payment rate for the fresh or 

processed asparagus determined as 

specified in § 1429.107. 

(c) If the total value of payments 

claimed exceeds the available funding, 

payments to producers are subject to a 

$100,000 cap per asparagus producer as 

defined in this part, not per ‘‘person’’ or 

‘‘legal entity’’ as those terms might be 

defined in part 1400 of this title. 

§ 1429.109 Availability of funds. 

(a) Payments specified in this part are 

subject to the availability of funds. The 

total available program funds will be 

$15,000,000 as provided by section 

10404 of Pub. L. 110–246. 


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(b) Of the available funds, $7,500,000 

are allocated for fresh market asparagus 

production and $7,500,000 are allocated 

to processed market asparagus. 

(c) CCC will prorate the available 

funds by a national factor to ensure that 

payments do not exceed $15,000,000. 

CCC will prorate the payments in such 

manner as it, in its sole discretion, finds 

fair and reasonable. 

(d) A reserve will be created to handle 

appeals and errors. Claims will not be 

payable once the available funding is 

expended. Any amount of funds 

reserved for such purposes that are not 

disbursed for the purpose of correcting 

errors or omissions, or for the payment 

of appeals, will not otherwise be 

distributed to any payment applicants 

and will be refunded to the U.S. 

Department of Treasury. 

§ 1429.111 Misrepresentation and scheme 

or device. 

(a) In addition to other penalties, 

sanctions, or remedies as may apply, an 

asparagus producer will be ineligible to 

receive assistance through the 

Asparagus Revenue Market Loss 

Assistance Payment Program if the 

asparagus producer is determined by 

CCC to have: 

(1) Adopted any scheme or device 

that tends to defeat the purpose of this 

program; 

(2) Made any fraudulent 

representation; or 

(3) Misrepresented any fact affecting a 

program determination. 

(b) Any funds disbursed pursuant to 

this part to any person or operation 

engaged in a misrepresentation, scheme, 

or device, must be refunded with 

interest together with such other sums 

as may become due and all charges 

including interest will run from the date 

of the disbursement of the CCC funds. 

Any asparagus farm operation, 

asparagus producer, or person engaged 

in acts prohibited by this section and 

any asparagus farm operation, asparagus 

producer, or person receiving payment 

as specified in this part will be jointly 

and severally liable with other persons 

or operations involved in such claim for 

payment for any refund due as specified 

in this section and for related charges. 

The remedies provided in this part will 

be in addition to other civil, criminal, or 

administrative remedies that may apply. 

§ 1429.112 Death, incompetence, or 

disappearance. 

(a) In the case of death, incompetency, 

disappearance, or dissolution of a 

person or an entity that is eligible to 

receive payment as specified in this 

part, an alternate person or persons as 

specified in part 707 of this title may 

receive such payment, as determined 

appropriate by CCC. 

(b) Payment may be made for 

asparagus market losses suffered by an 

otherwise eligible asparagus producer 

who is now deceased or is a dissolved 

entity if a representative who currently 

has authority to enter into an 

application for the producer or the 

producer’s estate signs the application 

for payment. Proof of authority to sign 

for the deceased producer’s estate or a 

dissolved entity must be provided. If an 

asparagus producer is now a dissolved 

general partnership or joint venture, all 

members of the general partnership or 

joint venture at the time of dissolution 

or their duly-authorized representatives 

must sign the application for payment. 

§ 1429.113 Maintaining records. 

Producers applying for payment 

through the Asparagus Revenue Market 

Loss Assistance Payment Program must 

maintain records and accounts to 

document all eligibility requirements 

specified in this part. Such records and 

accounts must be retained for 3 years 

after the date of payment. 

§ 1429.114 Refunds; joint and several 

liability. 

(a) Excess payments, payments 

provided as the result of erroneous 

information provided by any person, or 

payments resulting from a failure to 

comply with any requirement or 

condition for payment in the 

application or this part, must be 

refunded to CCC. 

(b) A refund required as specified in 

this section will be due with interest 

from the date of CCC disbursement and 

determined in accordance with 

paragraph (d) of this section and late 

payment charges as provided in part 

1403 of this chapter. 

(c) Persons signing an asparagus farm 

operation’s application as having an 

interest in the asparagus farm operation 

will be jointly and severally liable for 

any refund and related charges found to 

be due as specified in this section. 

(d) Interest will be applicable to any 

refunds required as specified in parts 

792 and 1403 of this title. Such interest 

will be charged at the rate that the U.S. 

Department of the Treasury charges CCC 

for funds, and will accrue from the date 

CCC made the erroneous payment to the 

date of repayment. 

(e) CCC may waive the accrual of 

interest if it determines that the cause of 

the erroneous determination was not 

due to any action of the person, or was 

beyond the control of the person 

committing the violation. Any waiver is 

at the discretion of CCC alone. 

§ 1429.115 Miscellaneous provisions and 

appeals. 

(a) Offset. CCC may offset or withhold 

any amount due CCC as specified in this 

part in accordance with the provisions 

of part 1403 of this chapter. 

(b) Claims. Claims or debts will be 

settled in accordance with the 

provisions of part 1403 of this chapter. 

(c) Other interests. Payments or any 

portion thereof due under this part will 

be made without regard to questions of 

title under State law and without regard 

to any claim or lien against the 

asparagus crop, or proceeds thereof, in 

favor of the owner or any other creditor 

except agencies and instrumentalities of 

the U.S. Government. 

(d) Assignments. Any asparagus 

producer entitled to any payment as 

specified in this part may assign any 

payment in accordance with the 

provisions of part 1404 of this chapter. 

(e) Appeals. Appeals will be handled 

as specified in parts 11 and 780 of this 

title. 

Signed in Washington, DC on July 12, 

2010. 

Jonathan W. Coppess, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2010–17407 Filed 7–15–10; 8:45 am] 

BILLING CODE 3410–05–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2009–0538] 

RIN 3150–AI75 

List of Approved Spent Fuel Storage 

Casks: NUHOMS® HD Revision 1; 

Withdrawal 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing a 

proposed rule that would have revised 

the NUHOMS® HD cask system listing 

within the list of approved spent fuel 

storage casks to include Amendment 

No. 1 to Certificate of Compliance (CoC) 

Number 1030. The NRC is taking this 

action because the applicant identified 

that a certain Technical Specification 

(TS) for Boral characterization was not 

written precisely. Specifically, the 

requirements for meeting TS 4.3.1, 

‘‘Neutron Absorber Tests,’’ which 

references Section 9.1.7.3 of the Safety 

Analysis Report (SAR), are not precisely 

quantified in that it requires that ‘‘the 

average size of the boron carbide 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1