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 

### 50537

Vol. 79, No. 164

Monday, August 25, 2014

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Part 33**

**[Doc. No. AMS–FV–14–0022; FV14–33–1 FIR]** 

**Regulations Issued Under the Export Apple Act; Exempting Bulk Shipments** 
**to Canada From Minimum Requirements and Inspection** 

**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 revised the regulations issued under the Export Apple Act to exempt bulk shipments of apples to Canada from the minimum requirements and inspection provisions of the Export Apple Act and established a definition for bulk containers. The changes were necessary because section 10009 of the Agricultural Act of 2014 amended the Export Apple Act to exempt apples shipped to Canada in bulk containers weighing more than 100 pounds from inspection requirements.

**DATES :**  Effective August 26, 2014.

**FOR FURTHER INFORMATION CONTACT :**  Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (863) 324– 3375, Fax: (863) 325–8793, or Email: Jennie.Varela@ams.usda.gov or Christian.Nissen@ams.usda.gov.

**SUPPLEMENTARY INFORMATION :**  Section 10009 of the Agricultural Act of 2014 amended section 4 of the Export Apple Act (7 U.S.C. 584) to add an exemption for apples shipped to Canada in bulk containers and add a definition for bulk container to section 9 of the Export Apple Act (7 U.S.C. 589).

The Export Apple Act (Act) promotes the foreign trade of U.S. grown apples by authorizing the implementation of regulations with minimum quality, container marking, and inspection requirements. These amendments to the Act require amendments to the regulations in 7 CFR part 33.

Sections 33.10 and 33.11 of the regulations require, in part, that apples shipped to any foreign destination must meet minimum requirements and beinspected by the Federal or FederalState Inspection Service. Section 33.12 specifies apples not subject to regulation.

This rule implements the amendments to the Act by adding a new § 33.8 (Bulk container) under
‘‘Definitions’’ to define a bulk container as a container that contains a quantity of apples weighing more than 100 pounds. This action also revises § 33.12 by adding an additional paragraph exempting bulk shipments to Canada from all requirements under this part.

Thus, any bulk container of apples being shipped to Canada is exempt from the minimum requirements and inspection provisions. Inspection would still be required for apples shipped in containers of less than 100 pounds that are not otherwise exempt.

In an interim rule published in the Federal Register on April 4, 2014, and effective on April 7, 2014, (79 FR 18765, Doc. No. AMS–FV–14–0022, FV14–33– 1 IR), § 33.8 was added to the regulations to define a bulk container and § 33.12 was revised by adding an additional paragraph exempting bulk shipments to Canada from all requirements under part 33.

Executive Order 12866 and Executive
Order 13563

Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This action has been designated as a ‘‘non-significant regulatory action’’ under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has waived the review process.

Executive Order 13175

This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that this regulation would not have
substantial and direct effects on Tribal governments and would not have significant Tribal implications.

Executive Order 12988

This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to
have retroactive effect and shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects as this Act; but is
intended that all such statutes shall remain in full force and effect except insofar as they are inconsistent herewith or repugnant hereto (7 U.S.C. 587).

The Act provides administrative proceedings that must be exhausted before parties may file suit in court.
Pursuant to 7 U.S.C. 586 and sections 33.13 and 33.14 of the regulations, any person subject to the Act may file with USDA a request for hearing, along with a written responsive answer to alleged violations of the provisions of the Act and regulations, no later than 10 days after service of notice of alleged violations, and is afforded the opportunity for a hearing on said request. After opportunity for hearing, the Secretary is authorized to refuse the
issuance of certificates under this Act for periods not exceeding 90 days.

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 businesses subject to such actions in
order that small businesses will not be unduly or disproportionately burdened.

Small agricultural service firms, including shippers, exporters, and


### 50538 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Rules and Regulations

carriers, are defined by the Small Business Administration (SBA) 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).

The industry estimates there are approximately 7,500 apple producers in the U.S. The National Agricultural Statistics Service reports the 2012 apple crop was valued at nearly $3.1 billion. Assuming a normal distribution, most apple producers can be classified as small entities. According to industry statistics, there are approximately 60 apple exporters subject to regulation under the Act. Foreign Agricultural
Service data estimates the value of fresh apple exports to Canada at approximately $190 million. Assuming a normal distribution, the majority of apple exporters are small businesses. Based on the above calculations, it can be concluded that the majority of apple producers and exporters may be
classified as small entities.

This rule is issued under the authority of the Export Apple Act, as amended (7 U.S.C. 584). This rule continues in effect a rule that revised ‘‘Regulations Issued Under Authority of the Export Apple Act’’ (7 CFR part 33). In accordance with the provisions of section 10009 of the Agricultural Act of 2014, this action exempts apples shipped to Canada in
bulk containers from the minimum requirements and inspection provisions
issued under the Act. This action also
adds the definition of ‘‘bulk container’’ as a container that contains a quantity of apples weighing more than 100 pounds.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0143 (Export Fruit Regulations). 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 apple shippers, exporters, or carriers.

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.

USDA has not identified any relevant Federal rules that duplicate, overlap or
conflict with this final rule. Comments on this interim rule were required to be received on or before June 3, 2014. 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-14-0022-0001.

After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (79 FR 18765, April 4, 2014)
will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 33

Apples, Exports, Reporting and recordkeeping requirements.

**PART 33—REGULATIONS ISSUED**
**UNDER AUTHORITY OF THE EXPORT**
**APPLE ACT**

Accordingly, the interim rule that amended 7 CFR part 33 and that was published at 79 FR 18765 on April 4, 2014, is adopted as a final rule, without change.

Dated: August 20, 2014.

Rex A. Barnes, Associate Administrator, Agricultural Marketing Service.

[FR Doc. 2014–20116 Filed 8–22–14; 8:45 am]

**BILLING CODE 3410–02–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2014–0573; Directorate Identifier 2014–NM–091–AD; Amendment**  **39–17955; AD 2014–17–02]**

**RIN 2120–AA64**

**Airworthiness Directives; Honeywell ASCa Inc. Emergency Locator** 
**Transmitters Installed on Various Transport Category Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), Department of Transportation (DOT).

**ACTION :**  Final rule; request for

comments.

**SUMMARY :**  We are superseding Airworthiness Directive (AD) 2013–18– 09 for certain Honeywell ASCa Inc. emergency locator transmitters (ELTs) installed on various transport category airplanes. AD 2013–18–09 required various one-time general visual inspections of the ELT transmitter units (TUs), and corrective actions if necessary. This new AD corrects the
manufacturer’s name in the AD applicability and adds a source of approval for an installation. AD 2013– 18–09 was prompted by a fire on a parked and unoccupied airplane; preliminary information indicated
combustion in the area of the ELT TU. This new AD was prompted by the
identification of an error in the applicability of AD 2013–18–09. We are issuing this AD to detect and correct discrepancies of the battery wiring installation inside the TU, which could result in an electrical short and possible ignition source.

**DATES :**  This AD becomes effective September 9, 2014.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of October 3, 2013 (78 FR 57253, September 18, 2013).

We must receive comments on this AD by October 9, 2014.

**ADDRESSES :**  You may send comments by any of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

• Fax: 202–493–2251.

• Mail: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590.

• Hand Delivery: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For Honeywell service information identified in this AD, contact Honeywell ASCa Inc., Customer and Product Support, Customer Support Operations, 3333 Unity Drive, Mississauga, ON, Canada L5L 3S6; telephone: 800–601– 3099 (toll-free U.S.A./Canada); telephone: 602–365–3099 (international)
email: AeroR&OAvionics@ honeywell.com; Internet:

www.myaerospace.com . For Boeing
service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, WA 98124–2207; telephone 206–544–5000, extension 1; fax 206–
766–5680; Internet https:// www.myboeingfleet.com . You may view
this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA,
call 425–227–1221.