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.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

65937 

Vol. 75, No. 207 

Wednesday, October 27, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 924 

[Doc. No. AMS–FV–10–0054; FV10–924–2 

FIR] 

Fresh Prunes Grown in Designated 

Counties in Washington and in 

Umatilla County, OR; Suspension of 

Reporting and Assessment 

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 reporting and 

assessment requirements prescribed 

under the Washington-Oregon fresh 

prune marketing order. The marketing 

order regulates the handling of fresh 

prunes grown in designated counties in 

Washington and in Umatilla County, 

Oregon, and is administered locally by 

the Washington-Oregon Fresh Prune 

Marketing Committee (Committee). On 

June 1, 2010, the Committee 

unanimously voted to terminate 

Marketing Order No. 924. Since the only 

regulatory actions then in effect were 

the reporting and assessment 

requirements, the Committee included a 

recommendation to immediately 

suspend those activities while USDA 

processes the termination request. The 

reporting and assessment requirements 

will remain suspended until reinstated 

or permanently terminated. 

DATES: Effective October 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Curry or Gary Olson, Northwest 

Marketing Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440, or E-mail: 

Robert.Curry@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order and agreement 

regulations by viewing a guide at the 

following Web site: http:// 

www.ams.usda.gov/AMSv1.0/ams.fetch

TemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide; or by 

contacting Antoinette Carter, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; 

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

720–8938, or E-mail: Antoinette.Carter

@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 924 (7 CFR 924), 

regulating the handling of fresh prunes 

grown in designated counties in 

Washington and in Umatilla County, 

Oregon, 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. 

Marketing Order No. 924 has been in 

effect since 1960 and has provided the 

fresh prune industry in Washington and 

Oregon with authority for grade, size, 

quality, maturity, pack, and container 

regulations, as well as authority for 

inspection requirements. The order also 

authorizes production research and 

marketing research and development 

projects, as well as the necessary 

reporting and recordkeeping functions 

required for operation. Based on the 

Committee’s recommendation, USDA 

suspended the order’s handling 

regulations in May 2006. These 

handling regulations required that 

certain varieties of fresh prunes meet 

minimum grade standards. The 

Committee believed that the costs of 

inspection outweighed the benefits 

provided from having the regulatory 

requirements in effect. 

Following the regulatory suspension, 

the Committee continued to levy 

assessments in order to maintain its 

functionality. The Committee felt that it 

should continue to fund its full 

operational capability in order to gauge 

the merits of the handling regulation 

suspension. When it recommended 

suspension of the handling regulations, 

the Committee also recommended the 

establishment of reporting requirements 

for the purpose of tracking shipments 

and collecting assessments. Prior to the 

handling regulation suspension, the 

Committee relied on the Federal-State 

Inspection Service to provide it with 

copies of the certificates that accompany 

each lot of inspected fresh prunes. The 

inspection certificates contained 

information necessary for the 

Committee to collect assessments from 

each of the regulated handlers. A new 

section 924.160 and Committee form 

‘‘Handler Statement for WashingtonOregon Fresh Prunes’’ were 

implemented in the Federal Register on 

May 9, 2006, at 71 FR 26817. The 

Committee used this form to collect 

fresh prune shipment information and 

to monitor market and crop conditions, 

thus helping it to make a determination 

regarding the impact of non-regulation 

on the industry. 

Based on its analysis that the 

regulatory suspension has not 

negatively impacted the marketing of 

fresh prunes over the last four years, 

and the fact that the Washington-Oregon 

fresh prune industry has been 

decreasing in size and volume in recent 

years, the Committee determined that 

there is no longer a need for the order, 

and thus recommended termination at 

the meeting held in Prosser, 

Washington, on June 1, 2010. 

In addition, the Committee 

determined that there is no need to 

continue collecting assessments and 

requiring reports for the sole purpose of 

maintaining its functionality, thus 

recommended that the assessment rate 

and reporting requirements be 

immediately suspended. This action 

will relieve the industry of the 

assessment and reporting burden during 

the pendency of the termination 

process. 

The Committee recommended a 

budget of $6,085 for the remainder of 

the period leading to order termination. 

The budgeted amount was established 

on the basis of the amount remaining in 

the Committee’s monetary reserve. The 

budget in its entirety will provide for 

such operating expenses as are 

necessary during the termination 


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65938 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Rules and Regulations 

process, including a final financial 

review and management compensation. 

In an interim rule published in the 

Federal Register on July 23, 2010, and 

effective on July 24, 2010 (75 FR 43040, 

Doc. No. AMS–FV–10–0054, FV10–924– 

2 IR), §§ 924.160 and 924.236 were 

suspended. 

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 six handlers of WashingtonOregon fresh prunes subject to 

regulation under the order and 

approximately 56 fresh prune producers 

in the regulated area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) 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. 

Based on information compiled by 

both the Committee and the National 

Agricultural Statistics Service, the 

average producer price for fresh prunes 

in 2009 was approximately $385 per 

ton. With 4,260 tons of fresh prunes 

shipped from the Washington and 

Oregon production areas in 2009, this 

equates to average producer revenue of 

about $30,000. In addition, AMS Market 

News Service reported that 2009 f.o.b. 

prices ranged from $12.00 to $18.00 per 

30-pound container, thus the entire 

Washington-Oregon fresh prune 

industry handled less than $7,000,000 

worth of prunes last season. In view of 

the foregoing, the majority of 

Washington-Oregon fresh prune 

producers and handlers may be 

classified as small entities. 

The Committee made the 

recommendation to suspend the 

reporting and assessment requirements 

as an adjunct to the recommendation to 

terminate the order. As such, the only 

other alternative would have been to 

continue to assess handlers and to 

require reports, options not seriously 

considered since additional funds are 

not required. 

This action continues in effect the 

action that suspended the reporting and 

assessment obligations imposed on 

handlers. During any period when 

effective, assessments are applied 

uniformly on all handlers and some of 

the costs may be passed on to 

producers. This suspension of the 

reporting and assessment requirements 

reduces the burden on handlers and 

should also reduce the burden on 

producers. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

prune 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. 

The Committee’s meeting was widely 

publicized throughout the WashingtonOregon fresh prune industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the June 1, 2010, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

September 21, 2010. 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/search/ 

Regs/home.html#documentDetail?R=

0900006480b1fd84. 

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 

finalizing the interim rule, without 

change, as published in the Federal 

Register (75 FR 43039, July 23, 2010) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 924 

Prunes, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 924—FRESH PRUNES GROWN 

IN DESIGNATED COUNTIES IN 

WASHINGTON AND IN UMATILLA 

COUNTY, OREGON 

■ Accordingly, the interim rule that 

amended 7 CFR part 924 and was 

published at 75 FR 43039 on July 23, 

2010, is adopted as a final rule, without 

change. 

Dated: October 21, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–27196 Filed 10–26–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 97 

[Docket No. 30750; Amdt. No. 3397] 

Standard Instrument Approach 

Procedures, and Takeoff Minimums 

and Obstacle Departure Procedures; 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes, amends, 

suspends, or revokes Standard 

Instrument Approach Procedures 

(SIAPs) and associated Takeoff 

Minimums and Obstacle Departure 

Procedures for operations at certain 

airports. These regulatory actions are 

needed because of the adoption of new 

or revised criteria, or because of changes 

occurring in the National Airspace 

System, such as the commissioning of 

new navigational facilities, adding new 

obstacles, or changing air traffic 

requirements. These changes are 

designed to provide safe and efficient 

use of the navigable airspace and to 

promote safe flight operations under 

instrument flight rules at the affected 

airports. 

DATES: This rule is effective October 27, 

2010. The compliance date for each 

SIAP, associated Takeoff Minimums, 

and ODP is specified in the amendatory 

provisions. 

The incorporation by reference of 

certain publications listed in the 

regulations is approved by the Director 

of the Federal Register as of October 27, 

2010. 

ADDRESSES: Availability of matter 

incorporated by reference in the 

amendment is as follows: 

For Examination— 

1. FAA Rules Docket, FAA 

Headquarters Building, 800 


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