7986 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 

research activities to bridge the 

potential gap between demand and 

future supply. Several comments were 

received in opposition to the proposed 

increase in assessment rate. 

Accordingly, based upon comments 

received, the proposed rule is being 

withdrawn. 

DATES: The proposed rule published on 

July 27, 2009 (74 FR 36955) is 

withdrawn as of February 23, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Jimenez, Chief, Research and 

Promotion Branch, Fruit and Vegetable 

Programs, AMS, U.S. Department of 

Agriculture, Stop 0244, 1400 

Independence Avenue, SW., Room 

0632–S, Washington, DC 20250–0244; 

telephone: (888) 720–9917; facsimile: 

(202) 205–2800; or electronic mail: 

Sonia.Jimenez@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under the Blueberry 

Promotion, Research, and Information 

Order [7 CFR part 1218]. The Order is 

authorized under the Commodity 

Promotion, Research, and Information 

Act of 1996 [7 U.S.C. 7411–7425]. 

This action withdraws a proposed 

rule published in the Federal Register 

on July 27, 2009 (74 FR 36955), to 

amend the Order by increasing the 

assessment rate on producers and 

importers who produce or import more 

than 2,000 pounds of highbush 

blueberries annually from $12 to $24 

per ton. The Council recommended this 

action to expand its promotional 

activities and add an advertising 

component to bridge the potential gap 

between highbush blueberry demand 

and future supply. Furthermore, it was 

the Council’s intent to use the 

additional revenue to strengthen 

existing consumer, food service, and 

food manufacturer publicity; to expand 

its health research; and to develop an 

educational campaign on good 

management practices and food safety 

within the United States as well as 

internationally. 

During the comment period, July 27 

through September 25, 2009, the 

Department of Agriculture received 45 

timely comments. These comments may 

be viewed on the Internet at http:// 

www.regulations.gov. Nineteen 

comments were opposed to increasing 

the assessment rate at this time and one 

comment supported a smaller increase 

of $18 per ton. 

In summary, the opposing 

commenters expressed concern with 

doubling the assessment rate in light of 

current, poor economic conditions. 

Several commenters also argued that 

there is no need to increase the 

assessment rate because revenue should 

increase with the anticipated increase in 

production. Others raised concerns 

about growers being able to cover their 

production costs if the assessment rate 

doubled. Given the comments received, 

AMS agrees that the proposed rule 

increasing the assessment rate from $12 

to $24 per ton should not be finalized. 

Therefore, the proposed rule is being 

withdrawn so as to allow further 

consideration by the Council. The 

Council should reconsider whether an 

increase in the assessment rate is 

appropriate, and if so, at what rate it 

should recommend any increase. 

The proposed rule to amend the Order 

by increasing the assessment rate on 

producers and importers who produce 

or import more than 2,000 pounds of 

highbush blueberries annually from $12 

to $24 per ton published in the Federal 

Register on July 27, 2009 (74 FR 36955), 

is hereby withdrawn. 

List of Subjects in 7 CFR Part 1218 

Administrative practice and 

procedure, Advertising, Consumer 

information, Marketing agreements, 

Blueberry promotion, Reporting and 

recordkeeping requirements. 

Authority: 7 U.S.C. 7411–7425; 7 U.S.C. 

7401. 

Dated: February 17, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–3478 Filed 2–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1218 and 1219 

[Document Numbers AMS–FV–10–0006; 

AMS–FV–10–0007] 

Blueberry and Hass Avocado 

Promotion, Research, and Information 

Orders; Section 610 Reviews 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of reviews and request 

for comments. 

SUMMARY: This document announces the 

Agricultural Marketing Service’s (AMS) 

plans to review the Blueberry and Hass 

Avocado Promotion, Research, and 

Information Orders (Orders). Both 

reviews will be conducted under criteria 

contained in Section 610 of the 

Regulatory Flexibility Act (RFA). 

DATES: Written comments must be 

received by April 26, 2010. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the Internet at: http:// 

www.regulations.gov or to the Research 

and Promotion Branch, Fruit and 

Vegetable Programs, AMS, USDA, Room 

0632–S, Stop 0244, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

0244; facsimile: (202) 205–2800. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the above office during 

regular business hours or it can be 

viewed at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeanette Palmer, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, AMS, USDA, 

Stop 0244, 1400 Independence Avenue, 

SW., Room 0632–S, Washington, DC 

20250–0244; telephone: (888) 720–9917; 

facsimile: (202) 205–2800; or electronic 

mail: Jeanette.Palmer@ams.usda.gov 

regarding blueberries; or Maureen T. 

Pello, Marketing Specialist, Research 

and Promotion Branch, telephone: (503) 

632–8848; facsimile (503) 632–8852; or 

electronic mail: 

Maureen.Pello@ams.usda.gov regarding 

avocados. 

SUPPLEMENTARY INFORMATION: The 

Blueberry Promotion, Research and 

Information Order (Blueberry Order) (7 

CFR part 1218) is authorized under the 

Commodity Promotion, Research, and 

Information Act of 1996 (1996 Act) (7 

U.S.C. 7411–7425). The Hass Avocado 

Promotion, Research and Information 

Order (Avocado Order) (7 CFR part 

1219) is authorized under the Hass 

Avocado Promotion, Research and 

Information Act of 2000 (Avocado Act) 

(7 U.S.C. 7801–7813). 

The Blueberry Order became effective 

on August 16, 2000. The Order is 

administered by the U.S. Highbush 

Blueberry Council (Council) with 

oversight by the Department of 

Agriculture (USDA). The program is 

funded by assessments on highbush 

(cultivated) blueberries grown in and 

imported into the United States. 

Producers and importers pay the 

assessment. The producer assessment is 

remitted by first handlers, and the 

importer assessment is remitted by the 

U.S. Customs and Border Protection 

(Customs). Producers and importers 

who produce or import less than 2,000 

pounds of highbush blueberries 

annually are exempt from the program. 

The purpose of the Order is to finance 

a coordinated program of promotion, 

research, and information to maintain 

and expand the market for fresh and 

processed cultivated blueberries in the 

United States and abroad. 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules 7987 

The Council is composed of 14 

members as follows: 10 producers (one 

from each of four regions and one from 

each of the top six producing States); 1 

importer; 1 exporter from a foreign 

production area; 1 handler; and 1 public 

member. Each member has an alternate. 

The members and alternates are 

appointed to the Council by the 

Secretary of Agriculture and serve a 

term of 3 years. 

The Avocado Order became effective 

on September 9, 2002. The Order is 

administered by the Hass Avocado 

Board (Board) with oversight by USDA. 

The program is funded by assessments 

on fresh domestic and imported Hass 

avocados. Producers and importers pay 

the assessment. The producer 

assessment is remitted by first handlers, 

and the importer assessment is remitted 

by Customs. Exports of domestic Hass 

avocados are exempt from assessments. 

The purpose of the program is to 

increase consumption of Hass avocados 

in the United States. 

Under the Order, a state association of 

avocado producers receives 85 percent 

of the assessments paid by domestic 

producers, and certified importer 

associations receive 85 percent of the 

assessments paid by their members. The 

State and importer associations use 

these funds to conduct State-of-origin 

and country-of-origin promotions, 

respectively. 

The Board is composed of 12 

members, 7 who are producers and 5 

who are importers. Each member has an 

alternate. The members and alternates 

are appointed to the Board by the 

Secretary of Agriculture and serve a 

term of 3 years. 

AMS published in the Federal 

Register on March 24, 2006 (71 FR 

14827), its plan to review certain 

regulations, including the Blueberry and 

Avocado Orders under criteria 

contained in section 610 of the RFA (5 

U.S.C. 601–612). Because many AMS 

regulations impact small entities, AMS 

decided, as a matter of policy, to review 

certain regulations which, although they 

may not meet the threshold requirement 

under section 610 of the RFA, warrant 

review. According to the schedule 

published in 2006, this notice and 

request for comments is made for the 

Blueberry and Avocado Orders. 

The purpose of the review is to 

determine whether the Orders should be 

continued without change, amended, or 

rescinded (consistent with the 

objectives of the 1996 Act and Avocado 

Act, respectively) to minimize the 

impacts on small entities. AMS will 

consider the following factors: (1) The 

continued need for the Orders; (2) the 

nature of complaints or comments 

received from the public concerning the 

Orders; (3) the complexity of the Orders; 

(4) the extent to which the Orders 

overlap, duplicate, or conflict with other 

Federal rules, and, to the extent feasible, 

with State and local regulations; and (5) 

the length of time since the Orders have 

been evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the Orders. 

Written comments, views, opinions, 

and other information regarding the 

Order’s impact on small businesses are 

invited. 

Dated: February 17, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–3446 Filed 2–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2007–BT–STD–0010] 

RIN 1904–AA89 

Energy Conservation Standards for 

Residential Clothes Dryers and Room 

Air Conditioners: Public Meeting and 

Availability of the Preliminary 

Technical Support Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of preliminary technical 

support document. 

SUMMARY: The U. S. Department of 

Energy (DOE) will hold a public meeting 

to discuss and receive comments on the 

product classes that DOE plans to 

analyze for purposes of amending 

energy conservation standards for 

residential clothes dryers and room air 

conditioners; the analytical framework, 

models, and tools that DOE is using to 

evaluate standards for these products; 

the results of preliminary analyses 

performed by DOE for these products; 

and potential energy conservation 

standard levels derived from these 

analyses that DOE could consider for 

these products. DOE also encourages 

written comments on these subjects. To 

inform stakeholders and facilitate this 

process, DOE has prepared an agenda, a 

preliminary Technical Support 

Document (TSD), and briefing materials, 

which are available at: 

http://www1.eere.energy.gov/

buildings/appliance_standards/

residential/clothes_dryers.html and 

http://www1.eere.energy.gov/buildings/

appliance_standards/residential/

room_ac.html. 

DATES: The Department will hold a 

public meeting on Tuesday, March 16, 

2010, from 9 a.m. to 5 p.m. in 

Washington, DC. Any person requesting 

to speak at the public meeting should 

submit such request, along with an 

electronic copy of the statement to be 

given at the public meeting, before 4 

p.m., Tuesday, March 2, 2010. Written 

comments are welcome, especially 

following the public meeting, and 

should be submitted by April 26, 2010. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–098, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

note that foreign nationals participating 

in the public meeting are subject to 

advance security screening procedures. 

If a foreign national wishes to 

participate in the public meeting, please 

inform DOE of this fact as soon as 

possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 so that the 

necessary procedures can be completed. 

Interested persons may submit 

comments, identified by docket number 

EERE–2007–BT–STD–0010, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: home_

appliance2.rulemaking@ee.doe.gov. 

Include EERE–2007–BT–STD–0010 and/ 

or RIN 1904–AA89 in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Public Meeting for Residential Clothes 

Dryers and Room Air Conditioners, 

EERE–2007–BT–STD–0010 and/or RIN 

1904–AA89, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. 

Docket: For access to the docket to 

read background documents, a copy of 

the transcript of the public meeting, or 

comments received, go to the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza, SW., Washington, DC 

20024, (202) 586–2945, between 9 a.m. 

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