Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24983 

expenditures of $37,400. The 

assessment rate of $0.0025 is $0.0005 

lower than the previous rate. This action 

will allow the Committee to reduce its 

financial reserve while still providing 

adequate funding to meet program 

expenses. 

The quantity of assessable potatoes for 

the 2013–2014 fiscal period is estimated 

at 10,000,000 hundredweight. Thus, the 

$0.0025 rate should provide $25,000 in 

assessment income. Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve, will be 

adequate to cover budgeted expenses. 

The major expenditures 

recommended by the Committee for the 

2013–2014 year include $20,000 for 

surveillance inspection (compliance 

activity), $4,800 for a management 

agreement with the Washington State 

Potato Commission, $2,500 for 

committee expense, and $2,500 for 

bonds and insurance. These budgeted 

expenses are the same as those 

approved for the 2012–2013 fiscal 

period. 

The Committee discussed alternatives 

to this rule, including alternative 

expenditure levels, but determined that 

the recommended expenses were 

reasonable and necessary to adequately 

cover program operations. Lower 

assessment rates were considered, but 

not recommended because they would 

reduce the financial reserve more than 

desired. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the producer price for the 2013– 

2014 fiscal period could average $7.65 

per hundredweight of potatoes. 

Therefore, the estimated assessment 

revenue for the 2013–2014 fiscal period 

as a percentage of total producer 

revenue is 0.0327 percent. 

This action decreases the assessment 

obligation imposed on handlers. 

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 Washington 

potato industry. All interested persons 

were invited to attend the meeting and 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the January 30, 2013, meeting 

was a public meeting. All entities, both 

large and small, were able to express 

views on this issue. Finally, interested 

persons are invited to submit comments 

on this interim rule, including the 

regulatory and informational impacts of 

this action on small businesses. 

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. 0581–0178, Generic 

Vegetable and Specialty Crops. 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 action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Washington 

potato 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. 

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 rule. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The 2013–2014 fiscal 

period begins on July 1, 2013, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable potatoes handled 

during such fiscal period; (2) this action 

decreases the assessment rate for 

assessable potatoes beginning with the 

2013–2014 fiscal period; (3) handlers 

are aware of this action, which was 

unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years; and (4) this interim 

rule provides a 60-day comment period, 

and all comments timely received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 946 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 946 is amended as 

follows: 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 946 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 946.248 is revised to read 

as follows: 

§ 946.248 Assessment rate. 

On and after July 1, 2013, an 

assessment rate of $0.0025 per 

hundredweight is established for 

Washington potatoes. 

Dated: April 23, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09997 Filed 4–26–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–12–0035; FV12–987– 

1 FIR] 

Domestic Dates Produced or Packed in 

Riverside County, California; 

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 California Date 

Administrative Committee (Committee) 

for the 2012–13 and subsequent crop 

years from $1.00 to $0.90 per 

hundredweight of dates handled. The 

Committee locally administers the 


emcdonald on DSK67QTVN1PROD with RULES
24984 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 

marketing order which regulates the 

handling of dates grown or packed in 

Riverside County, California. 

Assessments upon date handlers are 

used by the Committee to fund 

reasonable and necessary expenses of 

the program. The crop year begins 

October 1 and ends September 30. The 

interim rule was necessary because the 

2012–13 crop is expected to be larger 

than last year’s crop and the current 

assessment rate would generate excess 

assessment revenues. 

DATES: Effective April 30, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Kathie M. Notoro, Marketing Specialist, 

or Martin Engeler, Regional Director, 

California Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Kathie.Notoro@ams.usda.gov or 

Martin.Engeler@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 Jeffrey Smutny, 

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: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 987, both as amended (7 

CFR part 987), regulating the handling 

of dates produced or packed in 

Riverside County, California, 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. 

Under the order, date handlers are 

subject to assessments, which provide 

funds to administer the order. It is 

intended that the assessment rate as 

issued herein will be applicable to all 

assessable dates for the entire crop year, 

and continue until amended, 

suspended, or terminated. The 

Committee’s crop year begins on 

October 1 and ends on September 30. 

In an interim rule published in the 

Federal Register on January 8, 2013, 

and effective on January 9, 2013, (78 FR 

1130, Doc No. AMS–FV–12–0035; 

FV12–987–1 IR), § 987.339 was 

amended by decreasing the assessment 

rate established for dates because the 

2012–13 crop is expected to be larger 

than last year’s crop and the current 

assessment rate would generate excess 

assessment revenues. Assessment 

revenue, combined with funds from the 

sale of cull dates and a contribution 

from the California Date Commission to 

offset shared marketing expenses, is 

expected to provide sufficient funds to 

cover the anticipated 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 79 producers 

of dates in the production area and 11 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $7,000,000. 

According to the National 

Agricultural Statistics Service (NASS), 

data for the 2011 crop year shows that 

about 3.68 tons, or 7,360 pounds, of 

dates were produced per acre. The 2011 

grower price published by the NASS 

was $1,320 per ton, or $.66 per pound. 

Thus, the value of date production per 

acre in 2011 averaged about $4,858 

(7,360 pounds times $.66 per pound). At 

that average price, a producer would 

have to farm over 154 acres to receive 

an annual income from dates of 

$750,000 ($750,000 divided by $4,858 

per acre equals 154 acres). According to 

Committee staff, the majority of 

California date producers farm less than 

154 acres. Thus, it can be concluded 

that the majority of date producers 

could be considered small entities. 

According to data from the Committee 

staff, the majority of handlers of 

California dates may also be considered 

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 crop years from $1.00 to 

$0.90 per hundredweight of dates 

handled. The Committee unanimously 

recommended 2012–13 expenditures of 

$260,000 and an assessment rate of 

$0.90 per hundredweight of dates, 

which is $0.10 lower than the rate 

previously in effect. The quantity of 

assessable dates for the 2012–13 crop 

year is estimated at 26,500,000 pounds. 

Thus, the $0.90 rate should provide 

$238,500 in assessment income. Income 

derived from handler’s assessments, 

along with proceeds from the sale of 

cull dates and a contribution from the 

California Date Commission for shared 

marketing expenses should be adequate 

to meet the 2012–13 crop year expenses. 

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 

California date industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 

12, 2012, 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. 0581–0178. 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 action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Riverside 

County, California, date 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 

March 11, 2013. No comments were 

received. Therefore, for reasons given in 

the interim rule, we are adopting the 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24985 

interim rule as a final rule, without 

change. 

To view the interim rule, go to: http:// 

www.regulations.gov/#!document

Detail;D=AMS–FV-12-0035-0001. 

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 (78 FR 1130, January 8, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 987—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

■ Accordingly, the interim rule 

amending 7 CFR part 987, which was 

published at 78 FR 1130 on January 8, 

2013, is adopted as a final rule, without 

change. 

Dated: April 23, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09999 Filed 4–26–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–18033; Directorate 

Identifier 2004–CE–16–AD; Amendment 39– 

17400; AD 2004–21–08 R1] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to all Cessna Aircraft 

Company (Cessna) Models 190, 195 (L– 

126A,B,C), 195A, and 195B airplanes 

that are equipped with certain inboard 

aileron hinge brackets. The AD docket 

number in the preamble section and the 

rule portion of the AD is incorrect. Also, 

the statement that no comments on the 

notice of proposed rulemaking (NPRM) 

were received is incorrect. This 

document corrects these errors. In all 

other respects, the original document 

remains the same. 

DATES: This correction is effective April 

29, 2013. The effective date for AD 

2004–21–08 R1 remains May 9, 2013. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Gary 

Park, Aerospace Engineer, Wichita ACO, 

FAA, 1801 Airport Road, Wichita, KS 

67209; phone: (316) 946–4123; fax: (316) 

946–4107; email: gary.park@faa.gov. 

SUPPLEMENTARY INFORMATION: AD 2004– 

21–08 R1, amendment 39–17400 (78 FR 

20227, April 4, 2013), currently requires 

you to repetitively inspect the affected 

inboard aileron hinge brackets for cracks 

or corrosion and replace them if cracks 

or corrosion is found for all Cessna 

Models 190, 195 (L–126A,B,C), 195A, 

and 195B airplanes that are equipped 

with certain inboard aileron hinge 

brackets. Replacement with aluminum 

brackets would terminate the need for 

the repetitive inspections. Future 

compliance requires following a revised 

service bulletin that clarifies the casting 

numbers and part numbers to be 

inspected. 

As published, the AD docket number 

in the final rule headings and in the 

headings of the AD is incorrect. 

It was incorrectly stated in the 

comments section that we received no 

comments on the NPRM (78 FR 1155, 

January 8, 2013). We received one 

supportive comment on the NPRM. 

No other part of the preamble or 

regulatory information has been 

changed; therefore, only the changed 

portion of the final rule is being 

published in the Federal Register. 

The effective date of this AD remains 

May 9, 2013. 

Correction of Non-Regulatory Text 

In the Federal Register of April 4, 

2013, AD 2004–21–08 R1; Amendment 

39–17400 is corrected as follows: 

On page 20227, in the first column, on 

line 4 in the headings of the final rule, 

change ‘‘Docket No. FAA–2012–18033 

* * *.’’ to ‘‘Docket No. FAA–2004– 

18033 * * *.’’ 

On page 20227, in the third column, 

beginning on the second line under the 

‘‘Comments’’ section, change the second 

sentence from ‘‘We received no 

comments on the NPRM (78 FR 1155, 

January 8, 2013) or on the determination 

of the cost to the public.’’ to ‘‘We 

received one supportive comment on 

the NPRM (78 FR 1155, January 8, 2013) 

and no comments on the determination 

of the cost to the public.’’ 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

■ In the Federal Register of April 4, 

2013, on page 20228, in the second 

column, the AD headings immediately 

following the second amendatory 

instruction are corrected to read as 

follows: 

2004–21–08 R1 Cessna Aircraft Company: 

Amendment 39–17400; Docket No. 

FAA–2004–18033; Directorate Identifier 

2004–CE–16–AD. 

Issued in Kansas City, Missouri, on April 

17, 2013. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–09496 Filed 4–26–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2013–0371; Airspace 

Docket No. 12–ANM–14] 

RIN 2120–AA66 

Amendment of Restricted Areas R– 

6703A, B, C, D; and Establishment of 

Restricted Areas R–6703E, F, G, H, I, 

and J; WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies the 

internal boundaries of R–6703 by 

further subdividing the airspace from 

the current four subareas (A through D) 

to ten subareas (A through J). This 

change is totally contained within the 

current outer boundaries of R–6703. The 

designated altitudes and time of 

designation remain as currently 

published. In addition, the name ‘‘Fort 

Lewis, WA,’’ in the titles of the 

restricted areas is changed to ‘‘Joint Base 

Lewis-McChord, WA. The name of the 

using agency is changed from 


emcdonald on DSK67QTVN1PROD with RULES