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

68681 

Vol. 75, No. 216 

Tuesday, November 9, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Doc. No. AMS–FV–10–0031; FV10–983–1 

FIR] 

Pistachios Grown in California, 

Arizona, and New Mexico; Modification 

of the Aflatoxin Regulations 

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 modified the aflatoxin 

sampling and testing regulations 

prescribed under the California, 

Arizona, and New Mexico pistachio 

marketing order (order). The interim 

rule streamlined the aflatoxin sampling 

and testing procedures under the order’s 

rules and regulations for pistachios to be 

shipped for domestic human 

consumption while maintaining 

sufficient aflatoxin controls. These 

changes are expected to reduce handler 

operating costs by providing a uniform 

and consistent aflatoxin sampling and 

testing procedure for pistachios shipped 

to all market destinations. 

DATES: Effective Date: November 10, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Ricci, 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: 

Andrea.Ricci@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 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. 983, as amended (7 CFR 

part 983), regulating the handling of 

pistachios grown in California, Arizona, 

and New Mexico, 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. 

The handling of pistachios grown in 

California, Arizona, and New Mexico is 

regulated by 7 CFR part 983. Prior to 

this change, pistachios for shipment to 

domestic markets were subject to 

different aflatoxin sampling and testing 

procedures than pistachios for shipment 

to certain export markets. This rule 

continues in effect an interim rule 

modifying the aflatoxin sampling and 

testing procedures to provide consistent 

and uniform procedures for pistachios 

regardless of market destination. These 

changes are intended to streamline 

handler operating procedures and 

reduce operating costs. 

The specific changes modify the 

sampling procedure detailing how the 

samples will be created and analyzed, 

depending on the size of the pistachio 

lots. They also specify how the lots are 

certified based upon the aflatoxin levels 

found in the samples. Finally, the term 

‘‘Chromatograph’’ is changed to 

‘‘Chromatography’’ and unnecessary 

language was removed. 

In an interim rule published in the 

Federal Register on July 23, 2010, and 

effective on July 24, 2010, (75 FR 43045, 

Doc. No. AMS–FV–10–0031, FV10–983– 

1 IR), § 983.150 (a), (d)(2), (d)(3), (d)(4), 

and (d)(6) were amended by removing 

unnecessary language from § 983.150(a), 

changing the creation and analysis of 

test samples in paragraph (d)(2), 

changing the term ‘‘Chromatograph’’ to 

‘‘Chromatography’’ in paragraph (d)(3), 

changing the certification of lots based 

on aflatoxin levels in the samples in 

paragraph (d)(5), and removing the 

reference to sample #3 in paragraph 

(d)(6). 

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 29 handlers 

and 875 producers of pistachios in 

California, Arizona and New Mexico. 

Small business firms, which include 

handlers regulated under the order, 

have been defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000. Small 

agricultural producers have been 

defined as those with annual receipts of 

less than $750,000. 

Currently, about 72 percent of the 

California handlers ship less than 

$7,000,000 worth of pistachios on an 

annual basis and would therefore be 

considered small business firms under 

the SBA definition. Based on acreage, 

production, and grower prices reported 

by the Committee, the average annual 

revenue for small handlers is 

approximately $1,721,911. The industry 

has estimated that one of the Arizona 

handlers and all three New Mexico 

handlers would also be considered 

small businesses. 

Data provided by the Committee 

regarding the size of the 2009 California 

crop indicates that approximately 630 

California growers had 350,000 pounds 

or less of assessable dry weight of 

pistachios. Using the most recent grower 

price of $2.04 per pound for pistachios, 

it is estimated that 81 percent of 

California producers had receipts of 


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68682 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

approximately $714,000, which is less 

than $750,000, and thus would be 

considered small business according to 

the SBA definition. Although there is no 

official data available to date, as these 

states were recently added to the order 

and have not completed one full crop 

year for reporting purposes, the industry 

estimates that the majority of producers 

in Arizona and New Mexico would also 

be considered small businesses. 

This rule continues in effect the 

action that modified the aflatoxin 

sampling and testing regulations 

currently prescribed under the 

California, Arizona and New Mexico 

pistachio order, as well as removed 

unnecessary language and corrected 

terminology. The changes to § 983.150 

are expected to reduce handler 

operating costs by providing a uniform 

and consistent aflatoxin sampling and 

testing procedure for pistachios shipped 

to all market destinations. Authority for 

the change in the order’s rules and 

regulations is provided in § 983.50. 

This action is expected to benefit 

producers and handlers, regardless of 

size and regardless of the market they 

ship into, as it streamlines handler 

operations and increases marketing 

flexibility. Reducing the number of 

required samples, the number of 

aflatoxin analyses, and the total weight 

of the lot samples, while increasing the 

weight of the test samples for each lot 

is expected to result in an estimated 

annual savings to the industry of 

approximately $18,000, including 

reductions of $900 for sampling, $1,400 

for testing, $12,750 for labor, and $3,750 

in shipping costs for those small 

handlers that do not do testing on site. 

This action will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

pistachio 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. 

Further, the Committee’s meeting was 

widely publicized throughout the 

pistachio industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the 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 and type the 

following docket number into the 

keyword search section: FV10–983–1 IR. 

Follow the link provided in the 

‘‘Results’’ section of this page. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 

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 43045, July 23, 2010) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 983 

Marketing agreements and orders, 

Pistachios, Reporting and recordkeeping 

requirements. 

PART 983—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR part 983 that was 

published at 75 FR 43045 on July 23, 

2010, is adopted as a final rule, without 

change. 

Dated: November 3, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–28240 Filed 11–8–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0700; Directorate 

Identifier 2010–NM–123–AD; Amendment 

39–16500; AD 2010–23–11] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702), CL–600–2D15 

(Regional Jet Series 705), and CL–600– 

2D24 (Regional Jet Series 900) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

The manufacturer has informed Transport 

Canada that a certain number of the resolver 

stators, which were installed in the angle of 

attack (AOA) transducers, were not cleaned 

correctly. This condition can degrade the 

AOA transducer performance at low 

temperatures resulting in freezing of the AOA 

transducer resolver, which may provide 

inaccurate AOA data to the Stall Protection 

System (SPS). If not corrected, this condition 

can result in early or late activation of the 

stick shaker and/or stick pusher. 

These conditions could result in 

reduced ability of the flight crew to 

maintain a safe flight and landing of the 

airplane. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective 

December 14, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 14, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Licata, Aerospace Engineer, 

Avionics and Flight Test Branch, 

ANE–172, FAA, New York Aircraft 

Certification Office (ACO), 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7361; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on July 27, 2010 (75 FR 43882). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The manufacturer has informed Transport 

Canada that a certain number of the resolver 

stators, which were installed in the angle of 

attack (AOA) transducers, were not cleaned 

correctly. This condition can degrade the 

AOA transducer performance at low 

temperatures resulting in freezing of the AOA 

transducer resolver, which may provide 

inaccurate AOA data to the Stall Protection 

System (SPS). If not corrected, this condition 


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