44306 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 

for the 2009–10 crop year is estimated 

at 23,000,000 pounds. Thus, the $0.75 

rate should provide $172,500 in 

assessment income and, with reserve 

funds of $65,566 and the $1,500 

contribution from the surplus program, 

will be adequate to meet the 2009–10 

crop year expenses. 

The major expenditures 

recommended by the Committee for the 

2009–10 crop year include $60,000 for 

general and administrative programs, 

$97,000 for promotional programs, and 

$28,000 for marketing and media 

consulting. The Committee also 

budgeted $15,000 as a contingency 

reserve for other marketing and 

promotion projects that it may wish to 

support later in the year. 

The Committee reviewed and 

unanimously recommended 2009–10 

crop year expenditures of $200,000. 

Prior to arriving at this budget, the 

Committee considered information from 

various sources, such as the 

Committee’s Marketing Subcommittee. 

Alternative expenditure levels were an 

option available to the Committee, but 

the Committee ultimately decided that 

the recommended levels were 

reasonable to properly administer the 

order. The assessment rate of $0.75 per 

hundredweight of dates was then 

derived, based upon the Committee’s 

estimates of the incoming reserve, 

income, and anticipated expenses. 

As previously noted, according to the 

NASS data, the season average grower 

price for 2008 crop dates is projected at 

$1,470 per ton, or $73.50 per 

hundredweight. No official NASS 

estimate is available yet for 2009. The 

average grower price for the period of 

2005–08 is $1,833.00 per ton, or $91.65 

per hundredweight. 

To calculate the percentage of grower 

revenue represented by the assessment 

rate for 2009, the assessment rate of 

$0.75 (per hundredweight) divided by 

the estimated average grower price. This 

results in estimated assessment revenue 

for 2008 crop dates as a percentage of 

grower revenue of 1.02 percent ($0.75 

divided by $73.50 per hundredweight). 

As previously mentioned, NASS data 

for 2009 is not yet available. 

However, applying the same 

calculations above using the average 

grower price for the period of 2005–08 

would result in estimated assessment 

revenue as percentage total grower 

revenue of 0.82 percent for the 2008–09 

crop year ($0.75 divided by $91.65 per 

hundredweight). Thus, the assessment 

revenue should be less than 1 percent of 

estimated grower revenue in 2009. 

This action would increase the 

assessment obligation imposed on 

handlers. While assessments impose 

some additional costs on handlers, the 

costs are minimal and uniform on all 

handlers. Some of the additional costs 

may be passed on to producers. 

However, these costs would be offset by 

the benefits derived by the operation of 

the marketing order. 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 9, 2009, meeting was 

a public meeting and all entities, both 

large and small, were able to express 

views on this issue. Finally, interested 

persons are invited to submit comments 

on this rule, including the regulatory 

and informational impacts of this action 

on small businesses. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

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. 

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: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do

?template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Thirty days is 

deemed appropriate because: (1) The 

2009–10 crop year begins on October 1, 

2009, and the marketing order requires 

that the rate of assessment for each crop 

year apply to all assessable dates 

handled during such crop year; (2) the 

Committee needs to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis; and (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. 

List of Subjects in 7 CFR Part 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 987 is amended as 

follows: 

PART 997—DATES PRODUCED OR 

PACKED IN RIVERSIDE COUNTY, 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 987.339 is revised to read 

as follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2009, an 

assessment rate of $0.75 per 

hundredweight is established for 

California dates. 

Dated: August 24, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–20769 Filed 8–27–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–STD–0019] 

RIN 1904–AB90 

Energy Conservation Standards for 

Residential Clothes Washers: Public 

Meeting and Availability of the 

Framework Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of the framework document. 

SUMMARY: The U.S. Department of 

Energy (DOE) will hold an informal 

public meeting to discuss and receive 

comments on issues that it will address 

in this rulemaking proceeding. The 

Department is requesting information 

from interested parties to assist in 

establishing energy conservation 

standards for residential clothes 

washers. The Department also 

encourages written comments on any 

subject within the scope of this 

proceeding. To inform interested parties 

and facilitate this process, DOE has 

prepared a draft framework document, 

available at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

clothes_washers.html. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 44307 

DATES: The Department will hold a 

public meeting on September 21, 2009, 

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 a signed original and 

an electronic copy of the statements to 

be given at the public meeting before 4 

p.m., Monday, September 14, 2009. 

Written comments are welcome, 

especially following the public meeting, 

and should be submitted by September 

28, 2009. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room #1E–245, 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 a 

possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 so that the 

necessary procedures can be completed. 

Interested parties may submit 

comments, identified by docket number 

EERE–2008–BT–STD–0019 and/or 

Regulation Identifier Number (RIN) 

1904–AB90, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov Follow the 

instructions for submitting comments. 

• E-mail: RCW-2008-STD0019@ee.doe.gov. Include docket 

number EERE–2008–BT–STD–0019 

and/or RIN 1904–AB90 in the subject 

line of the message. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Framework Document for Residential 

Clothes Washers, Docket No. EERE– 

2008–BT–STD–0019 and/or RIN 1904– 

AB90, 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 DOE docket number 

EERE–2008–BT–STD–0019 or RIN 

1904–AB90. 

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, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stephen Witkowski, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Phone: 

(202) 586–7463. E-mail: 

stephen.witkowski@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of General Counsel, GC– 

72, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Phone: 

(202) 586–9507. E-mail: 

michael.kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: Part A of 

Title III of the Energy Policy and 

Conservation Act of 1975 (EPCA), 42 

U.S.C. 6291 et seq., established an 

energy conservation program for major 

household appliances, which includes 

residential clothes washers. This 

program authorizes the Department to 

establish technologically feasible, 

economically justified energy efficiency 

regulations for certain consumer 

products. 

The amendments to EPCA in the 

National Appliance Energy 

Conservation Act of 1987 (NAECA), 

Public Law 100–12, established 

prescriptive energy conservation 

standards for residential clothes 

washers, as well as requirements for 

determining whether these standards 

should be amended. (42 U.S.C. 6295(g)) 

EPCA, as amended by NAECA, 

required that all rinse cycles of clothes 

washers manufactured after January 1, 

1988, shall include an unheated water 

option, but may have a heated water 

rinse option, and further required that 

DOE conduct two cycles of rulemakings 

to determine if more stringent standards 

are justified. (42 U.S.C. 6295(g)(2) and 

(4)) In addition to these design 

standards, DOE published a Notice of 

Proposed Rulemaking (NOPR) seeking 

comments on establishing performance 

standards for these products. 54 FR 

32744 (Aug. 9, 1989). Shortly thereafter, 

DOE published an advance notice of 

proposed rulemaking (ANOPR) for the 

second standards rulemaking required 

by Congress. 55 FR 39624 (Sept. 28, 

1990). 

After the closing of the first standards 

rulemaking’s NOPR comment period, 

however, DOE became aware of a design 

option (horizontal-axis wash tub in a 

top-loading washer) available in Europe. 

This option was not considered during 

the course of this first standards 

rulemaking. As a result, when the final 

rule was published on May 14, 1991, 

DOE announced its intention to 

accelerate the second energy 

conservation standards rulemaking for 

clothes washers to take this design 

option into account. 56 FR 22250 (May 

1991 Final Rule). The standards 

established by the first rulemaking 

became effective on May 14, 1994. 56 

FR 22279. 

Responding to this ANOPR for the 

second standards rulemaking, a number 

of interested parties requested that DOE 

delay the completion of this second 

rulemaking until a 1995–1996 time 

frame. These parties requested 

additional time in order to allow 

manufacturers time to meet the 

standards in the May 1991 Final Rule, 

and to fully evaluate new, more energy 

efficient technologies such as toploading horizontal-axis clothes washers. 

On February 26, 1992, DOE published a 

letter to interested parties granting this 

request. 

On November 14, 1994, DOE 

published another ANOPR to restart the 

second energy conservation standards 

rulemaking for clothes washers, 

dishwashers, and clothes dryers. 59 FR 

56423. However, Congress imposed a 

moratorium on proposed or final rules 

for appliance energy conservation 

standards for Fiscal Year 1996. Omnibus 

Consolidated Rescissions and 

Appropriations Act of 1996, Public Law 

104–134, Section 320 (April 26, 1996). 

During this time, DOE revised the 

standards-setting process and on July 

15, 1996, published a final rule that 

elaborated on the procedures, 

interpretations, and policies that would 

guide DOE as it established new or 

revised energy conservation standards 

for consumer products. (See 61 FR 

36974 (Procedures for Consideration of 

New or Revised Energy Conservation 

Standards for Consumer Products); 10 

CFR part 430, subpart C, appendix A). 

DOE determined to use its revised 

standards-setting process in the 

development of the revised clothes 

washer standards, and reopened the 

second energy conservation standards 

rulemaking for these products on 

November 19, 1998, by publishing a 

supplemental ANOPR. On January 12, 

2001, DOE published a final rule 

revising the energy conservation 

standards, which became effective in 

two phases—January 1, 2004 and 

January 1, 2007. 66 FR 3314. By 

completing this second standards 

rulemaking, DOE fulfilled its legislative 

requirement to conduct two cycles of 

standards rulemakings. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
44308 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Proposed Rules 

As part of its priority-setting activities 

for fiscal year 2006, DOE conducted 

analyses for residential clothes washers 

to estimate the energy savings potential 

of amended standards. DOE determined 

that amended standards could result in 

energy savings for residential clothes 

washers of 5.5 quads cumulative over 

the period of 2004–2030. A summary of 

these analyses is available on DOE’s 

Web site at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/pdfs/ 

2006_activities_data_sheets.pdf. 

Subsequently, Congress enacted the 

Energy Independence and Security Act 

of 2007 (EISA 2007), Public Law 110– 

140, which revised the energy 

conservation standards for residential 

clothes washers. The revised standards 

established a maximum water factor of 

9.5 and become effective on January 1, 

2011. See EISA 2007, Section 311(a)(2), 

codified at 42 U.S.C. 6295(g)(9). EISA 

2007 further required that DOE publish 

a final rule no later than December 31, 

2011, to determine whether to amend 

the standards in effect for clothes 

washers manufactured on or after 

January 1, 2015. (42 U.S.C. 

6295(g)(9)(B)(i)) DOE is embarking on a 

standards rulemaking for these products 

to comply with these EISA 2007 

requirements. 

To begin the required rulemaking 

process, the Department has prepared a 

framework document to explain the 

issues, analyses, and process that it is 

considering for the development of 

amended energy conservation standards 

for residential clothes washers. This 

document will be publicly available for 

review. Additionally, DOE will hold a 

public meeting to focus on the analyses 

and issues contained in various sections 

of the framework document. For each 

item listed, the Department will make a 

presentation with discussion to follow. 

The Department will also make a brief 

presentation on the rulemaking process 

for these products. 

The Department encourages anyone 

who wishes to participate in the public 

meeting to obtain the framework 

document and to be prepared to discuss 

its contents. A copy of the draft 

framework document is available at 

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

appliance_standards/residential/ 

clothes_washers.html. However, public 

meeting participants need not limit their 

comments to the topics identified in the 

framework document. The Department 

is also interested in receiving views on 

other relevant issues that participants 

believe would affect energy 

conservation standards for these 

products. The Department welcomes all 

interested parties, whether or not they 

participate in the public meeting, to 

submit in writing by September 28, 

2009, comments and information on 

matters addressed in the framework 

document and on other matters relevant 

to consideration of standards for 

residential clothes washers. 

DOE will conduct the public meeting 

in an informal, conference style. A court 

reporter will record the minutes of the 

meeting. The discussion will not 

include proprietary information, costs 

or prices, market shares, or other 

commercial matters regulated by U.S. 

antitrust laws. 

After the public meeting and the 

expiration of the period for submitting 

written statements, the Department will 

begin collecting data, conducting the 

analyses as discussed at the public 

meeting, and reviewing public 

comments. 

Anyone who wishes to participate in 

the public meeting, receive meeting 

materials, or be added to the DOE 

mailing list to receive future notices and 

information about residential clothes 

washers should contact Ms. Brenda 

Edwards at (202) 586–2945. 

Issued in Washington, DC, on August 21, 

2009. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. E9–20803 Filed 8–27–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0778; Directorate 

Identifier 2009–CE–040–AD] 

RIN 2120–AA64 

Airworthiness Directives; Twin 

Commander Aircraft Corporation 

Models 690, 690A, and 690B Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Twin Commander Aircraft Corporation 

Models 690, 690A, and 690B airplanes. 

This proposed AD would require you to 

inspect between the surface of the lefthand (LH) and right-hand (RH) upper 

wing skins and the engine mount beam 

support straps for any signs of 

corrosion, replace the upper steel straps 

with parts of improved design, and 

modify both wings. This proposed AD 

results from reports that corrosion was 

found between the mating surfaces of 

the wing upper skin surface and the 

engine mount beam support straps. We 

are proposing this AD to detect and 

correct corrosion on the engine mount 

beam support straps and the upper wing 

skins, which could result in failure of 

the engine mount beam support straps. 

This failure could lead to loss of the 

engine and possible loss of control of 

the airplane. 

DATES: We must receive comments on 

this proposed AD by October 13, 2009. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Twin 

Commander Aircraft, LLC, 19010 59th 

Drive, NE., Arlington, WA 98223, 

telephone: (360) 435–9797; fax: (360) 

435–1112; Internet: 

www.twincommander.com. 

FOR FURTHER INFORMATION CONTACT: 

Vince Massey, Aerospace Engineer, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone: 

(425) 917–6475; fax: (425) 917–6590; 

e-mail: vince.massey@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under the 

ADDRESSES section. Include the docket 

number, ‘‘FAA–2009–0778; Directorate 

Identifier 2009–CE–040–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 


jlentini on DSKJ8SOYB1PROD with PROPOSALS