26930 Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Rules and Regulations 

Some commenters did not 

recommend that NOP adopt a new 

labeling scheme, but instead advised 

that the organic regulations require 

grass-fed claims on organic meat 

products to adhere to the AMS grass-fed 

standard. Furthermore, these 

commenters requested that the NOP 

facilitate a means to obtain organic 

certification and grass-fed verification 

simultaneously via the certifying agent 

of the certified operation. Other 

commenters advised that grass-fed label 

claims are not and should not be within 

the purview of NOP. Each producer, 

they stated, can elect to pursue claims, 

such as grass-fed, in addition to and 

separate from organic certification. 

We do not believe it is practical for 

the NOP to undertake the labeling 

scheme recommended by some 

commenters. The existing NOP 

regulations do not preclude producers 

from consulting with the USDA Food 

Safety and Inspection Service (FSIS) 

about the possibility of modeling their 

labels upon the scheme described by the 

commenters. It is important to note that 

organic producers may request 

verification for a ‘‘Grass Fed’’ label claim 

through the AMS grass-fed process 

verified standard at any time. In 

addition, the NOP identified what 

would be required for certifying agents 

who certify organic to offer ‘‘Grass Fed’’ 

verification under their accreditation 

scope. The certifying agent would need 

to be approved under the ISO Guide 65 

program for organics, request an 

expansion of their accreditation to 

include ‘‘Grass Fed’’ through AMS 

Audit, Review, and Compliance (ARC) 

Services, and engage in a review of the 

process at their next onsite audit with 

ARC. We encourage certifiers to contact 

the NOP for additional information if 

they are interested in pursuing this 

option. 

Dated: April 28, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–11013 Filed 5–9–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1150 

[Document No. DA–11–03: AMS–DA–08– 

0050] 

Dairy Promotion and Research 

Program; Importer Nominations to the 

Dairy Promotion and Research Board 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Rule. 

SUMMARY: This action is pursuant to the 

Dairy Production Stabilization Act of 

1983 (Dairy Act), as amended, and the 

Dairy Promotion and Research Order 

(Dairy Order), as amended, which 

require the Secretary of Agriculture to 

add importer representation, initially 

two members, to the National Dairy 

Promotion and Research Board (Dairy 

Board). USDA is seeking nominations of 

importers to be considered for 

appointment to the Dairy Board. 

DATES: Nominations must be received 

on or before June 9, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Whitney Rick, USDA, AMS, Dairy 

Programs, Promotion and Research 

Branch, Stop 0233–Room 2958–S, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0233, (202) 720– 

6909, Whitney.Rick@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

document is being issued pursuant to 

the Dairy Production Stabilization Act 

of 1983 (7 U.S.C. 4501–4514), Public 

Law 98–180, enacted November 29, 

1983, as amended May 13, 2002, by 

Public Law 107–171 and further 

amended June 18, 2008, by Public Law 

110–246, and the Dairy Order, as 

amended under the Final Rule [76 FR 

14777; published in the Federal 

Register on March 18, 2011]. 

The Dairy Board was established 

under the Dairy Production 

Stabilization Act of 1983 (Dairy Act) to 

develop and administer a coordinated 

program of promotion, research, and 

nutrition education. Importer 

representation on the Dairy Board was 

mandated by the 2002 amendments to 

the Dairy Act. The Dairy Board is 

authorized to design programs to 

strengthen the dairy industry’s position 

in domestic and foreign markets. The 

program is financed by a mandatory 15- 

cent per hundredweight assessment on 

all milk produced in the United States 

and marketed commercially and a 7.5- 

cent per hundredweight assessment on 

milk, or equivalent thereof, used to 

produce dairy products imported into 

the United States. Assessments on dairy 

products imported into the United 

States are effective beginning on August 

1, 2011, as published in the March 18, 

2011, Final Rule. 

The Dairy Order states that, initially, 

importers will be represented on the 

Dairy Board by two importer members 

appointed by the Secretary. Thereafter, 

importer representation on the Dairy 

Board will be reviewed at least once 

every three years, and adjusted to reflect 

the volume of imports relative to 

domestic production of milk. 

For the initial importer nominations, 

the Secretary will appoint two 

individuals from those nominated to 

serve as importer members on the 

Board. The length of a member’s term 

will be three years. In order to properly 

coordinate the terms of importers with 

those of dairy farmer members and to 

stagger the two terms, initially one 

importer member will serve a two-year 

term ending October 31, 2013, and one 

importer member will serve a term 

ending October 31, 2014. 

Importer nominees must be importers 

of dairy products and will be subject to 

the assessment to fund the National 

Dairy Promotion and Research Program. 

Such nominations may be submitted by 

individual importers of dairy products 

or by organizations representing dairy 

importers, as approved by the Secretary. 

Individual importers submitting 

nominations to represent importers on 

the Dairy Board must establish, to the 

satisfaction of the Secretary that the 

person submitting the nomination is an 

importer of dairy products. Importer 

organizations must adequately represent 

importers of dairy products under the 

primary determining considerations of 

whether its membership consist 

primarily of importers of dairy products 

and whether a substantial interest of the 

organization is in the importation of 

dairy products. An importer means a 

person that imports dairy products into 

the United States as a principal or as an 

agent, broker, or consignee of any 

person who produces or handles dairy 

products outside of the United States for 

sale in the United States, and who is 

listed as the importer of record for such 

dairy products. 

For nominating forms and 

information, interested parties should 

contact Whitney Rick, USDA, AMS, 

Dairy Programs, Promotion and 

Research Branch, Stop 0233–Room 

2958–S, 1400 Independence Avenue, 

SW., Washington, DC 20250–0233, (202) 

720–6909, Whitney.Rick@ams.usda.gov. 

The forms also can be accessed online 

at http://www.ams.usda.gov/ 

dairyimportassessment. 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Rules and Regulations 26931 

USDA welcomes membership on 

industry boards that reflects the 

diversity of the individuals served by 

the programs. In an effort to obtain 

nominations of diverse candidates, 

USDA encourages those individuals 

who represent interests of racial and 

ethnic minorities, women, and persons 

with disabilities to seek member 

nomination for the Dairy Board. 

Dated: April 29, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–11015 Filed 5–9–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0143] 

RIN 1625–AA00 

Safety Zone; Second Annual Space 

Coast Super Boat Grand Prix, Atlantic 

Ocean, Cocoa Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of the Atlantic Ocean east of 

Cocoa Beach, Florida during the Second 

Annual Space Coast Super Boat Grand 

Prix. The Second Annual Space Coast 

Super Boat Grand Prix will consist of a 

series of high-speed boat races. The 

event is scheduled to take place on 

Saturday, May 21, 2011 and Sunday, 

May 22, 2011. The temporary safety 

zone is necessary for the safety of race 

participants, participant vessels, 

spectators, and the general public 

during the event. Persons and vessels 

are prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Jacksonville 

or a designated representative. 

DATES: This rule is effective from 10 

a.m. on May 21, 2011 through 5:30 p.m. 

on May 22, 2011. This rule will be 

enforced from 10 a.m. until 4 p.m. on 

May 21, 2011, and 9 a.m. until 5:30 p.m. 

on May 22, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0143 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0143 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Lieutenant John E. 

Adkins, Sector Jacksonville Prevention 

Department, Coast Guard; telephone 

904–564–7563, e-mail 

John.E.Adkins@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive notice of 

the event with sufficient time to publish 

an NPRM and to receive public 

comments prior to the event. Any delay 

in the effective date of this rule would 

be contrary to the public interest 

because immediate action is needed to 

minimize the potential danger to race 

participants, participant vessels, 

spectators, and the general public. 

For the same reasons, the Coast Guard 

finds under 5 U.S.C. 553(d)(3) that good 

cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Background and Purpose 

Super Boat International Productions, 

Inc., is hosting the Second Annual 

Space Coast Super Boat Grand Prix, a 

series of high-speed boat races. The 

event will commence on May 21, 2011 

and conclude on May 22, 2011. The 

event will be held on the waters of the 

Atlantic Ocean east of Cocoa Beach, 

Florida. Approximately 30 high-speed 

power boats will be participating in the 

races, and it is expected that 100 

spectator vessels will be present in the 

area during the races. The high speed of 

the participant vessels poses a safety 

hazard to race participants, participant 

vessels, spectators, and the general 

public. The temporary safety zone is 

necessary to protect race participants, 

participant vessels, spectators, and the 

general public from the hazards 

associated with the event. 

Discussion of Rule 

The safety zone encompasses certain 

navigable waters of the Atlantic Ocean 

in the vicinity of Cocoa Beach, Florida. 

The safety zone will be enforced from 

10 a.m. until 4 p.m. on Saturday, May 

21, 2011, and from 9 a.m. until 5:30 

p.m. on Sunday, May 22, 2011. Persons 

and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the safety zone 

unless authorized by the Captain of the 

Port Jacksonville or a designated 

representative. Persons and vessels 

desiring to enter, transit through, anchor 

in, or remain within the safety zone may 

contact the Captain of the Port 

Jacksonville by telephone at 904–564– 

7511, or his designated representative 

via VHF radio on channel 16, to request 

authorization. The Coast Guard will be 

providing notice of the safety zone via 

Local Notice to Mariners and Broadcast 

Notice to Mariners. On-scene notice will 

also be provided by the Coast Guard or 

local law enforcement. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The safety zone will be enforced for 

only 14.5 hours; (2) although persons 

and vessels will not be able to enter, 

transit through, anchor in, or remain 

within the safety zone without 

authorization from the Captain of the 

Port Jacksonville or a designated 

representative, they may operate in the 

surrounding area during the effective 

period; (3) persons and vessels may still 

enter, transit through, anchor in, or 

remain within the safety zone if 

authorized by the Captain of the Port 


emcdonald on DSK2BSOYB1PROD with RULES