71688 Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 

870.302(a)(3) also issued under sections 

11202(f), 11232(e), and 11246(b) and (c) of 

Pub. L. 105–33, 111 Stat. 251, and section 

7(e) of Pub. L. 105–274, 112 Stat. 2419; Sec. 

870.302(a)(3) also issued under section 145 of 

Pub. L. 106–522, 114 Stat. 2472; Secs. 

870.302(b)(8), 870.601(a), and 870.602(b) also 

issued under Pub. L. 110–279, 122 Stat. 2604; 

Subpart E also issued under 5 U.S.C. 8702(c); 

Sec. 870.601(d)(3) also issued under 5 U.S.C. 

8706(d); Sec. 870.703(e)(1) also issued under 

section 502 of Pub. L. 110–177, 121 Stat. 

2542; Sec. 870.705 also issued under 5 U.S.C. 

8714b(c) and 8714c(c); Public Law 104–106, 

110 Stat. 521. 

■ 2. In § 870.801, paragraph (d)(2) is 

revised to read as follows: 

§ 870.801 Order of precedence and 

payment of benefits. 

* * * * * 

(d) * * * 

(2) To qualify a person for such 

payment, a certified copy of the court 

order must be received in the 

appropriate office before the death of 

the insured. 

* * * * * 

[FR Doc. 2012–29164 Filed 12–3–12; 8:45 am] 

BILLING CODE 6325–63–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Doc. No. AMS–FV–11–0094; FV12–915–1 

FIR] 

Avocados Grown in South Florida; 

Decreased Assessment Rate 

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 decreased the assessment rate 

established for the Avocado 

Administrative Committee (Committee) 

for the 2012–13 and subsequent fiscal 

periods from $0.37 to $0.25 per 55- 

pound bushel container of Florida 

avocados handled. The Committee 

locally administers the marketing order 

for avocados grown in South Florida. 

The interim rule decreased the 

assessment rate to reflect a reduction in 

expenditures for research and to help 

reduce industry costs. 

DATES: Effective December 5, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson or Christian D. Nissen, 

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: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@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 Laurel May, 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: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

915, as amended (7 CFR part 915), 

regulating the handling of avocados 

grown in South Florida, 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.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

Under the order, Florida avocado 

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 Florida avocados for the 

entire fiscal period, and continue 

indefinitely until amended, suspended, 

or terminated. The Committee’s fiscal 

period begins on April 1, and ends on 

March 31. 

In an interim rule published in the 

Federal Register on July 2, 2012, and 

effective on July 3, 2012, (77 FR 39150, 

Doc. No. AMS–FV–11–0094, FV12–915– 

1 IR), § 915.235 was amended by 

decreasing the assessment rate 

established for Florida avocados for the 

2012–13 and subsequent fiscal periods 

from $0.37 to $0.25 per 55-pound 

bushel container. The decrease in the 

assessment rate reflects a reduction in 

Committee expenditures for research 

and will help reduce industry costs 

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 

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 30 handlers 

of Florida avocados subject to regulation 

under the order and around 300 

producers in the production area. Small 

agricultural service firms are defined by 

the Small Business Administration 

(SBA) as those whose annual receipts 

are 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). 

According to Committee data and 

information from the National 

Agricultural Statistical Service (NASS), 

the average price for Florida avocados 

during the 2011–12 season was around 

$16.50 per 55-pound bushel container 

and total shipments were near 1,200,000 

55-bushels. Using the average price and 

shipment information provided by the 

Committee, the majority of avocado 

handlers could be considered small 

businesses under SBA’s definition. In 

addition, based on avocado production, 

producer prices, and the total number of 

Florida avocado producers, the average 

annual producer revenue is less than 

$750,000. Consequently, the majority of 

avocado handlers and producers 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 2012–13 

and subsequent fiscal periods from 

$0.37 to $0.25 per 55-pound bushel 

container of avocados. The Committee 

unanimously recommended 2012–13 

expenditures of $324,575 and an 

assessment rate of $0.25 per 55-pound 

bushel container of avocados. The 

assessment rate of $0.25 is $0.12 lower 

than the rate previously in effect. 

Applying the $0.25 per 55-pound bushel 

container assessment rate to the 

Committee’s 1,000,000 55-pound bushel 

container crop estimate should provide 

$250,000 in assessment income. Thus, 

income derived from handler 

assessments, along with interest income 

and funds from the Committee’s 

authorized reserve will be adequate to 

cover the budgeted expenses. The 

decrease in the assessment rate reflects 

a reduction in Committee expenditures 

for research and will help reduce 

industry costs. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 


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Federal Register / Vol. 77, No. 233 / Tuesday, December 4, 2012 / Rules and Regulations 71689 

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 

Florida avocado industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the 

December 14, 2011, meeting was a 

public meeting and all entities, both 

large and small, were able to express 

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. 0581–0189, Generic 

OMB Fruit Crops. No changes in those 

requirements as a result of this action 

are anticipated. 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 Florida avocado 

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 

August 31, 2012. 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-11-0094- 

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 (77 FR 39150, July 2, 2012) will 

tend to effectuate the declared policy of 

the Act. 

List of Subjects in 7 CFR Part 915 

Avocados, Reporting and 

recordkeeping requirements. 

PART 915—AVCOADOS GROWN IN 

SOUTH FLORIDA 

Accordingly, the interim rule 

amending 7 CFR part 915, which was 

published at 77 FR 39150 on July 2, 

2012, is adopted as a final rule, without 

change. 

Dated: November 28, 2012. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–29253 Filed 12–3–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 710 

RIN 1992–AA36 

Criteria and Procedures for 

Determining Eligibility for Access to 

Classified Matter or Special Nuclear 

Material: Technical Amendments 

AGENCY: Office of the General Counsel, 

Department of Energy (DOE). 

ACTION: Final rule. 

SUMMARY: DOE is amending its 

regulations at 10 CFR part 710, which 

sets forth the policies and procedures 

for resolving questions concerning 

eligibility for DOE access authorization, 

to revise a provision concerning 

designation of an acting official and to 

update the official’s title. Specifically, 

the duties assigned to the Principal 

Deputy for Mission Support Operations 

(formerly, the Deputy Chief for 

Operations), Office of Health, Safety and 

Security, may now be exercised by a 

person or persons designated in writing 

as acting for, or in the temporary 

capacity of, that official. Currently, the 

part 710 regulations state that this 

official’s duties may be exercised by 

another individual only in the official’s 

absence. Today’s final rule also revises 

one title: ‘‘Principal Deputy for Mission 

Support Operations’’ replaces ‘‘Deputy 

Chief for Operations’’. 

DATES: Effective Date: This rule is 

effective on December 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Christina Pak, Office of the General 

Counsel, GC–52, 1000 Independence 

Avenue SW., Washington, DC 20585; 

Christina.Pak@hq.doe.gov; 202–586– 

4114; Mark R. Pekrul, Office of 

Departmental Personnel Security, 1000 

Independence Avenue SW., 

Washington, DC 20585; 

Mark.Pekrul@hq.doe.gov; 202–586– 

3249. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

10 CFR part 710 sets forth the policies 

and procedures for resolving questions 

concerning eligibility for DOE access 

authorization. Various DOE officials are 

assigned specific duties in this process. 

Currently, section 710.36 provides that 

each of the named officials, with the 

exception of the Secretary of Energy and 

the Deputy Chief for Operations, Office 

of Health, Safety and Security, may 

designate his or her duties to other DOE 

officials without restriction. 

Since the part 710 rule was last 

amended in 2001, experience has 

demonstrated that conditioning the 

Deputy Chief for Operations’ ability to 

delegate his part 710 functions solely on 

occasions when he is absent from the 

office is unduly restrictive, unnecessary, 

and administratively inefficient. In 

order to enhance the Department’s 

ability to effectively manage the 

Administrative Review process 

prescribed by part 710, the Deputy Chief 

of Operations should be accorded 

greater flexibility in delegating his 

assigned responsibilities under the rule. 

In those cases where duties of the 

Deputy Chief of Operations are 

delegated pursuant to this amendment, 

they will continue to be exercised by a 

DOE employee in a security-related 

Senior Executive Service position 

within the Office of Health, Safety and 

Security, as approved by the Chief 

Health, Safety and Security Officer. In 

addition, DOE would update part 710 to 

reflect organizational changes within 

the Office of Health, Safety and Security 

by replacing ‘‘Deputy Chief for 

Operations’’ wherever it appears in the 

rule with ‘‘Principal Deputy Chief for 

Mission Support Operations’’. 

The regulatory amendments in this 

final rule do not alter substantive rights 

or obligations under current law. 

II. Procedural Requirements 

A. Review Under Executive Orders 

12866 and 13563 

Today’s regulatory action has been 

determined not to be ‘‘a significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 51735 (October 4, 1993). 

Accordingly, this action was not subject 

to review under that Executive Order by 

the Office of Information and Regulatory 

Affairs of the Office of Management and 

Budget (OMB). DOE has also reviewed 

this regulation pursuant to Executive 

Order 13563, issued on January 18, 2011 

(76 FR 3281 (Jan. 21, 2011)). Executive 

Order 13563 is supplemental to and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 


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