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 be 

inspected 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 


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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. 


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