This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

43533 

Vol. 76, No. 140 

Thursday, July 21, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–11–0019; FV11–916/917– 

5 FIR] 

Nectarines and Peaches Grown in 

California; Suspension of Handling 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that suspended the quality, 

inspection, reporting, and assessment 

requirements specified under the 

California nectarine and peach 

marketing orders (orders). The interim 

rule suspended the handling regulations 

for the 2011 and subsequent marketing 

seasons relieving handlers of all 

regulatory burdens under the orders 

while USDA processes the terminations 

of the orders. 

DATES: Effective July 22, 2011. 

FOR FURTHER INFORMATION CONTACT: Jerry 

L. Simmons, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901; Fax: (559) 487–5906; or E-mail: 

Jerry.Simmons@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

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

MarketingOrdersSmallBusinessGuide; 

or by contacting Laurel May, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, S.W., STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or E-mail: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

Nos. 916 and 917, both as amended (7 

CFR parts 916 and 917), regulating the 

handling of nectarines and peaches 

grown in California, hereinafter referred 

to as the ‘‘orders.’’ The orders are 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

The handling of nectarines and 

peaches grown in California is regulated 

by 7 CFR parts 916 and 917, 

respectively. In early 2011, USDA 

conducted mandatory referenda among 

California nectarine and peach growers 

to determine if they favored 

continuation of their programs. The 

referenda results demonstrated a lack of 

grower support for continuing the 

orders. Thus, USDA intends to 

terminate the orders. 

In an interim rule published in the 

Federal Register on April 18, 2011, and 

effective on April 19, 2011, (76 FR 

21615, Doc. No. AMS–FV–11–0019, 

FV11–916/917–5 IR), §§ 916.110, 

916.115, 916.234, 916.235, 916.350 and 

916.356 and 917.143, 917.150, 917.258, 

917.259, 917.442, and 917.459, were 

suspended indefinitely. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

action on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and the rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 97 California 

nectarine and peach handlers subject to 

regulation under the orders, and about 

447 growers of these fruits in California. 

Small agricultural service firms, which 

include handlers, are defined by the 

Small Business Administration as those 

having annual receipts of less than 

$7,000,000, and small agricultural 

growers are defined as those having 

annual receipts of less than $750,000 

(13 CFR 121.201). A majority of these 

handlers and growers may be classified 

as small entities. 

For the 2010 marketing season, the 

committees’ staff estimated that the 

average handler price received was 

$10.50 per container or container 

equivalent of nectarines or peaches. A 

handler would have to ship at least 

666,667 containers to have annual 

receipts of $7,000,000. Given data on 

shipments maintained by the 

committees’ staff and the average 

handler price received during the 2010 

season, the committees’ staff estimates 

that approximately 46 percent of 

handlers in the industry would be 

considered small entities. 

For the 2010 marketing season, the 

committees’ staff estimated the average 

grower price received was $5.50 per 

container or container equivalent for 

nectarines and peaches. A grower would 

have to produce at least 136,364 

containers of nectarines and peaches to 

have annual receipts of $750,000. Given 

data maintained by the committees’ staff 

and the average grower price received 

during the 2010 season, the committees’ 

staff estimates that more than 80 percent 

of the growers within the industry 

would be considered small entities. 

This rule continues in effect the 

suspension of the quality, inspection, 

reporting, and assessment requirements 

for nectarines and peaches under the 

orders. This action is consistent with 

USDA’s decision to seek termination of 

the nectarine and peach order 

provisions. Suspension of the 

requirements is expected to reduce the 

regulatory burden on handlers and 

growers of all sizes. 

In accordance with the Paperwork 

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

Chapter 35), the orders’ information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, 

Marketing Order Administration Branch 


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43534 Federal Register / Vol. 76, No. 140 / Thursday, July 21, 2011 / Rules and Regulations 

Generic OMB Fruit Crops. No changes 

in those requirements as a result of this 

action are necessary. Should any 

changes become necessary, they would 

be submitted to OMB for approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

California nectarine or peach handlers. 

As with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

Comments on the interim rule were 

required to be received on or before June 

17, 2011. No comments were received. 

Therefore, for the reasons given in the 

interim rule, we are adopting the 

interim rule as a final rule, without 

change. 

To view the interim rule, go to: http:// 

www.regulations.gov/ 

#!documentDetail;D=AMS-FV-11-0019- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that the 

regulatory requirements suspended by 

the interim rule, (76 FR 21615, April 18, 

2011), affirmed in this action, do not 

tend to effectuate the declared policy of 

the Act. 

List of Subjects 

7 CFR Part 916 

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917 

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements. 

Accordingly, the interim rule that 

amended 7 CFR parts 916 and 917 and 

that was published at 76 FR 21615 on 

April 18, 2011, is adopted as a final 

rule, without change. 

Dated: July 14, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–18396 Filed 7–20–11; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 26 

[NRC–2011–0058] 

RIN 3150–AI94 

Alternative to Minimum Days Off 

Requirements 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is amending its regulations governing 

the fitness for duty of workers at nuclear 

power plants. These amendments allow 

holders of nuclear power plant 

operating licenses the option to use a 

different method from the one already 

prescribed in the NRC’s regulations for 

determining when certain nuclear 

power plant workers must be afforded 

time off from work to ensure that such 

workers are not impaired due to 

cumulative fatigue caused by work 

schedules. 

DATES: Effective Date: This final rule is 

effective August 22, 2011. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

• Federal rulemaking Web site: Go to 

http://www.regulations.gov/ and search 

for documents filed under Docket ID 

NRC–2011–0058. Address questions 

about NRC dockets to Carol Gallagher, 

telephone: 301–492–3668, e-mail: 

Carol.Gallagher@nrc.gov. 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O–1F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available online in the NRC Library at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of the 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

or 301–415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Howard Benowitz, Office of the General 

Counsel, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555; 

telephone: 301–415–4060; e-mail: 

Howard.Benowitz@

nrc.govmailto:Howard.Benowitz@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. NRC’s Fitness for Duty Regulations 

B. Stakeholder Reaction to the Fitness for 

Duty Requirements 

C. Public Meetings and Commission 

Direction 

II. Public Input to the Final Rule 

III. Description of the Final Rule 

A. Maximum Weekly Average of 54 Hours 

Worked Over a 6-Week Averaging Period 

That Advances on a Weekly Basis 

B. Alternative to the Minimum Days Off 

Requirements 

C. Applicability 

IV. Section-by-Section Analysis 

V. Availability of Documents 

VI. Criminal Penalties 

VII. Compatibility of Agreement State 

Regulations 

VIII. Assessment of Federal Regulations and 

Policies on Families 

IX. Voluntary Consensus Standards 

X. Finding of No Significant Environmental 

Impact: Environmental Assessment 

XI. Paperwork Reduction Act Statement 

XII. Regulatory Analysis 

XIII. Regulatory Flexibility Certification 

XIV. Backfit Analysis 

XV. Congressional Review Act 

I. Background 

A. NRC’s Fitness for Duty Regulations 

On March 31, 2008, the NRC 

promulgated a final rule which 

substantially revised its regulations for 

fitness for duty (FFD) in Title 10 of the 

Code of Federal Regulations (10 CFR) 

part 26 (73 FR 16966; March 31, 2008). 

The revised regulations updated the 

NRC’s FFD requirements and made 

them more consistent with other 

relevant Federal rules, guidelines, and 

drug and alcohol testing programs that 

impose similar requirements on the 

private sector. 

In addition, by establishing clear and 

enforceable requirements for the 

management of worker fatigue, the 2008 

amendments require nuclear power 

plant licensees to ensure that worker 

fatigue does not adversely affect public 

health and safety and the common 

defense and security. Among these 

fatigue management requirements is a 

minimum days off requirement, which 

requires licensees to manage cumulative 

fatigue by providing workers with a 

minimum number of days off over the 

course of a period not to exceed 6 

weeks. 

B. Stakeholder Reaction to the Fitness 

for Duty Requirements 

On September 3, 2010, the Nuclear 

Energy Institute (NEI) submitted a 


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