46312 Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 

2009–10 crop year include $26,450 for 

salaries and benefits, $11,780 for 

operating expenses, and $15,908 for 

contingencies. Budgeted expenses for 

these items in 2008–09 were $26,248 for 

salaries and benefits, $12,893 for 

operating expenses, and $26,459 for 

contingencies. 

The 2009–10 assessment rate was 

derived by considering the handler 

assessment revenue needed to meet 

anticipated expenses, the estimated 

salable tons of California dried prunes, 

excess funds carried forward into the 

2009–10 crop year, and estimated 

interest income. Therefore, the 

Committee recommended an assessment 

rate of $0.16 per ton of salable dried 

prunes. 

Prior to arriving at its budget of 

$54,138, the Committee considered 

information from various sources, 

including the Committee’s Executive 

Subcommittee. The Executive 

Subcommittee reviewed the 

administrative expenses shared between 

the Committee and the CDPB in recent 

years. The Executive Subcommittee 

then recommended the $54,138 budget 

and $0.16 per ton assessment rate to the 

Committee. The Committee 

recommended the same budget and 

assessment rate to USDA. 

Section 993.81(c) of the order 

provides the Committee the authority to 

use excess assessment funds from the 

2008–09 crop year (estimated at 

$28,533) for up to 5 months beyond the 

end of the crop year to meet 2009–10 

crop year expenses, which are estimated 

to be $54,138. At the end of the 5 

months, the Committee either refunds or 

credits excess funds to handlers. 

To calculate the percentage of grower 

revenue represented by the assessment 

rate for 2008, the assessment rate of 

$0.30 per ton is divided by the 

estimated average grower price 

(according to the NASS). This results in 

estimated assessment revenue for the 

2008–09 crop year as a percentage of 

grower revenue of .02 percent ($0.30 

divided by $1,520 per ton). NASS data 

for 2009 is not yet available. However, 

applying the same calculations above 

using the average grower price for 2006– 

08 would result in estimated assessment 

revenue as a percentage of total grower 

revenue of .01 percent for the 2009–10 

crop year ($0.16 divided by $1,453 per 

ton). Thus, the assessment revenue 

should be well below 1 percent of 

estimated grower revenue in 2009. 

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 California 

dried prune 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 25, 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 interim final rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California dried 

prune 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. 

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 also found 

and determined 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 

2009–10 crop year begins on August 1, 

2009, and the marketing order requires 

that the rate of assessment for each year 

apply to all assessable prunes handled 

during the year; (2) this action decreases 

the assessment rate for assessable 

prunes beginning with the 2009–10 crop 

year; (3) handlers are aware of this 

action which was unanimously 

recommended at a public meeting and 

is similar to actions recommended by 

the Committee in past years, and (4) this 

interim final rule provides for 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 993 

Marketing agreements, Plums, Prunes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 993 is amended as 

follows: 

PART 993—DRIED PRUNES 

PRODUCED IN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 993 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 993.347 is revised to read 

as follows: 

§ 993.347 Assessment rate. 

On and after August 1, 2009, an 

assessment rate of $0.16 per ton of 

salable dried prunes is established for 

California dried prunes. 

Dated: September 2, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–21658 Filed 9–8–09; 8:45 am] 

BILLING CODE 3410–02–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 121 

RIN 3245–AE92 

Small Business Size Regulations; 

Rules of Procedure Governing Cases 

Before the Office of Hearings and 

Appeals; Correction 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Correcting amendments. 

SUMMARY: The U.S. Small Business 

Administration (SBA) is correcting 

several of its Small Business Size 

Regulations, published in the Federal 

Register on May 21, 2004. SBA is 

correcting a reference to an incorrect 

North American Industry Classification 

System (NAICS) code, and updating two 

Internet Web addresses that appear in 

part 121 of the Code of Federal 

Regulations (CFR), chapter 13. 

DATES: Effective September 9, 2009. 

FOR FURTHER INFORMATION CONTACT: Carl 

J. Jordan, Program Analyst, Office of 


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Federal Register / Vol. 74, No. 173 / Wednesday, September 9, 2009 / Rules and Regulations 46313 

Size Standards, (202) 205–6618 or 

sizestandards@sba.gov. 

SUPPLEMENTARY INFORMATION: SBA is 

correcting language and references in its 

Small Business Size Regulations 

contained in part 121 of the Code of 

Federal Regulations (CFR), chapter 13. 

These are administrative corrections 

only. Specifically, SBA is correcting 13 

CFR 121.101, 121.410 and 121.1205. 

1. 13 CFR 121.101, ‘‘What are SBA size 

standards?’’ 

The text of 13 CFR § 121.101(b) 

provides the Internet Web address 

where the public can obtain the North 

American Industry Classification 

System Manual–United States from the 

National Technical Information Service 

(NTIS), part of the U.S. Department of 

Commerce. The Internet Web address 

provided in the text is http:// 

www.ntis.gov/yellowbk/1nty205.htm. 

The NTIS has established a new 

address, specifically http:// 

www.ntis.gov/products/naics.aspx. 

Although the existing Web address in 

§ 121.101 will take a user to the updated 

site, SBA believes it should update its 

regulations as well to reflect the correct 

Internet Web address. 

2. 13 CFR 121.410, ‘‘What are the size 

standards for SBA’s Section 8(d) 

Subcontracting Program?’’ 

SBA published in the May 15, 2000, 

Federal Register (65 FR 30836–30863) a 

new table of small business size 

standards effective October 1, 2000 for 

industries as defined under NAICS. 

Until October 1, 2000, the Standard 

Industrial Classification (SIC) System 

was the basis for SBA’s table of small 

business size standards. The May 15, 

2000 final rule amended 13 CFR 

121.410 by replacing ‘‘SIC code 8711’’ 

with ‘‘NAICS code 541330.’’ 

However, an error was made when 

SBA issued a proposed rule on 

November 22, 2002, (67 FR 70339– 

70352) to amend its small business size 

regulations and the regulations that 

apply to appeals of size determinations. 

That rule proposed amending 13 CFR 

121.410, which relates to size standards 

under SBA’s Section 8(d) 

Subcontracting Program. The proposed 

amendment correctly preserved the 

language of the May 15, 2000 final rule 

that described Engineering Services. 

However, the proposed rule wrongly 

referenced NAICS code 541213, which 

is the code for Tax Preparation Services. 

The proposed rule should have 

referenced NAICS code 541330, because 

it is the correct code for Engineering 

Services, described in 13 CFR 121.410. 

The corresponding final rule that SBA 

published on May 21, 2004 (69 FR 

29192–29209) did not correct this error, 

thereby leaving NAICS code 541213 to 

refer incorrectly to Engineering 

Services. 

The text of 13 CFR 121.410 plainly 

refers to subcontracting activities that 

are included within NAICS code 

541330, Engineering Services. 

Furthermore, NAICS code 541330 in 

SBA’s ‘‘Small Business Size Standards 

by NAICS Industry’’ (13 CFR 121.201) 

clearly includes the same types of 

contracting activities described in 13 

CFR 121.410. The purpose of this 

correction is to replace NAICS code 

541213 in § 121.410 with NAICS code 

541330. 

3. 13 CFR 121.1205, ‘‘How is a list of 

previously granted class waivers 

obtained?’’ 

The text of 13 CFR 121.1205 provides 

the Internet Web address where SBA 

maintains for the public a list of waivers 

of the Nonmanufacturer Rule that it has 

granted. SBA has updated that Internet 

Web address, and this action will 

similarly update § 121.1205. 

List of Subjects in 13 CFR Part 121 

Administrative practice and 

procedure, Government procurement, 

Government property, Grant programs— 

business, Individuals with disabilities, 

Loan programs—business, Reporting 

and recordkeeping requirements, Small 

businesses. 

■ For the reasons set forth in the 

preamble, SBA amends part 13 CFR part 

121 by making the following correcting 

amendments. 

PART 121—SMALL BUSINESS SIZE 

REGULATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 

637(a), 644, and 662(5); and Pub. L. 105–135, 

sec. 401 et seq., 111 Stat. 2592. 

■ 2. Amend § 121.101 by revising the 

first sentence of paragraph (b) to read as 

follows: 

§ 121.101 What are SBA size standards? 

* * * * * 

(b) NAICS is described in the North 

American Industry Classification 

Manual–United States, which is 

available from the National Technical 

Information Service, 5285 Port Royal 

Road, Springfield, VA 22161; by calling 

1(800) 553–6847 or 1(703) 605–6000; or 

via the Internet at http://www.ntis.gov/ 

products/naics.aspx. * * * 

■ 3. Amend § 121.410 by revising the 

second sentence to read as follows: 

§ 121.410 What are the size standards for 

SBA’s Section 8(d) Subcontracting 

Program? 

* * * However, subcontracts for 

engineering services awarded under the 

National Energy Policy Act of 1992 have 

the same size standard as Military and 

Aerospace Equipment and Military 

Weapons under NAICS code 541330. 

■ 4. Amend § 121.1205 by revising the 

first sentence to read as follows: 

§ 121.1205 How is a list of previously 

granted class waivers obtained? 

A list of classes of products for which 

waivers for the Nonmanufacturer Rule 

have been granted is maintained in SBA 

Web site at: http://www.sba.gov/

aboutsba/sbaprograms/gc/programs/gc_

waivers_nonmanufacturer.html. * * * 

Dean R. Koppel, 

Acting Director, Office of Government 

Contracting. 

[FR Doc. E9–21505 Filed 9–8–09; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0264; Directorate 

Identifier 2008–NM–174–AD; Amendment 

39–16017; AD 2009–18–20] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A330–300, A340–200, and A340–300 

Series 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: 

One Long Range operator experienced a 

failure of one spoiler servo-control, 

associated with surface deflection in flight 

and hydraulic leak. On ground, this servocontrol Part Number (P/N) MZ4306000–02X 

was found with the maintenance cover 

broken. Investigations showed that the 

rupture of the maintenance cover was due to 

pressure pulse fatigue. 

* * * The rupture of the maintenance 

cover in flight may result in the deflection of 

the associated spoiler surface up to the nullhinge position (loss of the hydraulic locking). 


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