Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 48285 

meeting was widely publicized 

throughout the Washington sweet 

cherry industry. All interested persons 

were invited to attend the meeting and 

participate in Committee deliberations. 

Like all Committee meetings, the May 

21, 2013, meeting was a public meeting 

and all entities, both large and small, 

were able to express their views on this 

issue. Finally, interested persons are 

invited to submit comments on this 

interim rule, including the regulatory 

and informational impacts of this action 

on small businesses. 

In accordance with the Paperwork 

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

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

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 

Washington sweet cherry 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. 

AMS 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. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee 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. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2013–2014 fiscal 

period began on April 1, 2013, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable sweet cherries handled 

during such fiscal period; (2) this action 

decreases the assessment rate for 

assessable sweet cherries beginning 

with the 2013–2014 fiscal period; (3) 

handlers are aware of this action, which 

was unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years; and (4) this interim 

rule provides a 60-day comment period, 

and all comments timely received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 923 

Cherries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 923 is amended as 

follows: 

PART 923—SWEET CHERRIES 

GROWN IN DESIGNATED COUNTIES 

IN WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 923 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 923.236 is revised to read 

as follows: 

§ 923.236 Assessment rate. 

On and after April 1, 2013, an 

assessment rate of $0.15 per ton is 

established for the Washington Cherry 

Marketing Committee. 

Dated: August 1, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–19012 Filed 8–7–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–13–0010; FV13–946–1 

FIR] 

Irish Potatoes Grown in Washington; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture is adopting, as a final rule, 

without change, an interim rule that 

decreased the assessment rate 

established for the State of Washington 

Potato Committee (Committee) for the 

2013–2014 fiscal year and all 

subsequent fiscal periods from $0.003 to 

$0.0025 per hundredweight of potatoes 

handled. The Committee locally 

administers the marketing order for Irish 

potatoes grown in Washington. 

Decreasing the assessment rate was 

necessary to allow the Committee to 

reduce its financial reserve while still 

providing adequate funding to meet 

program expenses. 

DATES: Effective August 9, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson, Marketing 

Specialist, or Gary Olson, Regional 

Director, Northwest Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@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 Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

946, as amended (7 CFR part 946), 

regulating the handling of Irish potatoes 

grown in Washington, hereinafter 

referred to as the ‘‘order.’’ The order is 

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. 

Under the order, Washington potato 

handlers are subject to assessments, 

which provide funds to administer the 

order. Assessment rates issued under 

the order are intended to be applicable 

to all assessable Washington potatoes 

for the entire fiscal period, and continue 

indefinitely until amended, suspended, 

or terminated. The Committee’s fiscal 

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48286 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Rules and Regulations 

period begins on July 1, and ends on 

June 30. 

In an interim rule published in the 

Federal Register on April 29, 2013, and 

effective on April 30, 2013 (78 FR 

24981, Doc. No. AMS–FV–13–0010, 

FV13–946–1 IR), § 946.248 was 

amended by decreasing the assessment 

rate established for Washington potatoes 

for the 2013–2014 fiscal year and all 

subsequent fiscal periods from $0.003 to 

$0.0025 per hundredweight of potatoes 

handled. The decrease in the per 

hundredweight assessment rate allows 

the Committee to reduce its financial 

reserve while still providing adequate 

funding to meet program expenses. 

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 

rule 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 

businesses 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 43 handlers of Washington 

potatoes subject to regulation under the 

order and approximately 267 producers 

in the regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration as 

those having annual receipts of less than 

$7,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

(13 CFR 121.201) 

During the 2011–2012 marketing year, 

the Committee reports that 11,018,670 

hundredweight of Washington potatoes 

were shipped into the fresh market. 

Based on average f.o.b. prices estimated 

by the USDA’s Economic Research 

Service and Committee data on 

individual handler shipments, the 

Committee estimates that 42, or 

approximately 98 percent, of the 

handlers had annual receipts of less 

than $7,000,000. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Washington potatoes for 2011 

was $7.90 per hundredweight. The 

average gross annual revenue for the 267 

Washington potato producers is 

therefore calculated to be approximately 

$326,021. In view of the foregoing, the 

majority of Washington potato 

producers and handlers may be 

classified as small entities. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2013– 

2014 fiscal year and all subsequent 

fiscal periods from $0.003 to $0.0025 

per hundredweight of potatoes. The 

Committee also unanimously 

recommended 2013–2014 expenditures 

of $37,400. This action will allow the 

Committee to reduce its financial 

reserve while still providing adequate 

funding to meet program expenses. 

The quantity of assessable potatoes for 

the 2013–2014 fiscal period is estimated 

at 10,000,000 hundredweight. Thus, the 

$0.0025 rate should provide $25,000 in 

assessment income. Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve, will be 

adequate to cover budgeted expenses. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers and may reduce 

the burden on producers. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Washington potato industry. All 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the 

January 30, 2013, meeting was a public 

meeting. All entities, both large and 

small, were able to express their views 

on this issue. 

In accordance with the Paperwork 

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

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops Generic 

Package. 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 action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Washington 

potato 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. 

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 

28, 2013. No comments were received. 

Therefore, for 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-13-0010-0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, and 

the E-Gov Act (44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 24981, April 29, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 946 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

Accordingly, the interim rule 

amending 7 CFR part 946, which was 

published at 78 FR 24981 on April 29, 

2013, is adopted as a final rule, without 

change. 

Dated: August 1, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–19011 Filed 8–7–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0671; Directorate 

Identifier 2013–NM–124–AD; Amendment 

39–17547; AD 2013–16–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus Model A318, A319, A320, and 

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