48848 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

Dated: September 21, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–23152 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 924 

[Doc. No. AMS–FV–09–0040; FV09–924–1 

FR] 

Fresh Prunes Grown in Designated 

Counties in Washington and in 

Umatilla County, OR; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

Washington-Oregon Fresh Prune 

Marketing Committee (Committee) for 

the 2009–10 and subsequent fiscal 

periods from $1.00 to $2.00 per ton for 

fresh prunes. The Committee is 

responsible for local administration of 

the marketing order regulating the 

handling of fresh prunes grown in 

designated counties in Washington and 

in Umatilla County, Oregon. 

Assessments upon handlers of fresh 

prunes are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period for the 

marketing order began April 1 and ends 

March 31. The assessment rate will 

remain in effect indefinitely unless 

modified, suspended or terminated. 

DATES: Effective Date: September 26, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Curry or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW., Third Avenue, 

Suite 385, Portland, OR 97204; 

Telephone: (503) 326–2724; Fax: (503) 

326–7440; or E-mail: 

Robert.Curry@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence, SW., 

STOP 0237, Washington, DC 20250– 

0237; Telephone: (202) 720–2491; Fax: 

(202) 720–8938; or E-mail: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing 

Agreement and Order No. 924 (7 CFR 

part 924), regulating the handling of 

fresh prunes grown in designated 

counties in Washington and in Umatilla 

County, Oregon, 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. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the marketing 

order now in effect, Washington-Oregon 

prune handlers are subject to 

assessments. Funds to administer the 

order are derived from such 

assessments. It is intended that the 

assessment rate will be applicable to all 

assessable Washington-Oregon prunes 

beginning April 1, 2009, and continue 

until amended, suspended, or 

terminated. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This final rule increases the 

assessment rate established by the 

Committee for the 2009–10 and 

subsequent fiscal periods from $1.00 to 

$2.00 per ton for Washington-Oregon 

prunes handled under the order. 

The order provides authority for the 

Committee, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the Committee are 

producers and handlers of prunes in 

designated counties in Washington and 

in Umatilla County, Oregon. They are 

familiar with the Committee’s needs and 

with the costs for goods and services in 

their local area and are thus in a 

position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed at a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2007–08 and subsequent fiscal 

periods, the Committee recommended, 

and the USDA approved, an assessment 

rate of $1.00 per ton of prunes handled. 

This rate continues in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on June 2, 2009, 

and unanimously recommended 2009– 

10 expenditures of $8,893. The major 

expenditures recommended by the 

Committee for the 2009–10 fiscal period 

include $4,800 for the management fee, 

$800 for Committee travel, $100 for 

compliance, $2,000 for the financial 

audit, and $1,193 for equipment 

maintenance, insurance, bonds, and 

miscellaneous expenses. In comparison, 

the $6,893 budget approved for the 

2008–09 fiscal period included $4,800 

for the management fee, $800 for travel 

expenses, $100 for compliance, and 

$1,150 for audits, equipment 

maintenance, insurance, bonds, and 

miscellaneous expenses. The major 

increase in expenses this year is in the 

audit category. 

The assessment rate recommended by 

the Committee was derived by dividing 

the anticipated expenses of $8,893 by 

the projected 2009 4,400-ton prune 

production. Applying the $2.00 per ton 

assessment rate to this crop estimate 

should provide $8,800 in assessment 

income, which, in addition to a small 

draw of approximately $93.00 from the 

Committee’s monetary reserve, should 

adequately cover the budgeted 

expenditures. The reserve balance at the 

end of the 2008–09 fiscal period was 

$5,160. The estimated 2009–10 year-end 

reserve is $5,067, which is within the 

order’s limit of approximately one fiscal 

period’s operational expenses. The 

Committee recommended the higher 

assessment rate in order that the 

budgeted expenditures—$2,000 higher 

than the 2008–09 approved budget—are 

adequately covered and that the current 

reserve balance is maintained. 

The increased assessment rate will 

continue in effect indefinitely unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the 

Committee or other available 

information. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48849 

Although this assessment rate will be 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of the Committee’s 

meetings are available from the 

Committee or USDA. The Committee’s 

meetings are open to the public and 

interested persons may express their 

views at these meetings. USDA would 

evaluate the Committee’s 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2009–10 budget, and those 

for subsequent fiscal periods, will be 

reviewed and, as appropriate, approved 

by USDA. 

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 215 

producers of fresh prunes in the 

regulated production area and 

approximately 10 handlers subject to 

regulation under the order. Small 

agricultural producers are defined by 

the Small Business Administration (13 

CFR 121.201) as those having annual 

receipts of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $7,000,000. 

Based on information compiled by 

both the Committee and the National 

Agricultural Statistics Service, the 

average annual revenue from the sale of 

fresh prunes was approximately $7,930 

per producer in 2008. This estimate is 

based on 215 producers with a total 

production of about 3,514 tons of fresh 

prunes selling for an average of $485 per 

ton. In addition, based on AMS Market 

News Service reports that 2008 f.o.b. 

prices ranged from $17.00 to $19.00 per 

30-pound container, the entire 

Washington-Oregon fresh prune 

industry handled less than $7,000,000 

worth of prunes last season. In view of 

the foregoing, the majority of 

Washington-Oregon fresh prune 

producers and handlers may be 

classified as small entities. 

This final rule increases the 

assessment rate established for the 

Committee and collected from handlers 

for the 2009–10 and subsequent fiscal 

periods from $1.00 to $2.00 per ton for 

prunes handled under the order’s 

authority. The Committee also 

unanimously recommended 2009–10 

expenditures of $8,893, which is $2,000 

higher than the $6,893 budget approved 

for the 2008–09 fiscal period. When the 

recommended $2.00 per ton assessment 

rate is levied against the 2009–10 prune 

crop estimate of 4,400 tons, the 

Committee expects assessment income 

of about $8,800. The Committee 

recommended the higher assessment 

rate to help ensure that the 2009–10 

budgeted expenses are adequately 

covered and that the current reserve 

balance is maintained. With the 4,400 

ton crop estimate this year, the 

Committee would have realized income 

of about $4,400 without the assessment 

rate increase. This would have forced 

the Committee to draw approximately 

$4,493 from its $5,160 reserve fund, 

leaving an inadequate amount in 

reserve. 

The major expenditures 

recommended by the Committee for the 

2009–10 fiscal period include $4,800 for 

the management fee, $800 for 

Committee travel, $100 for compliance, 

$2,000 for the financial audit, and 

$1,193 for equipment maintenance, 

insurance, bonds, and miscellaneous 

expenses. In comparison, the $6,893 

budget approved for the 2008–09 fiscal 

period included $4,800 for the 

management fee, $800 for travel 

expenses, $100 for compliance, and 

$1,193 for audits, equipment 

maintenance, insurance, bonds, and 

miscellaneous expenses. The major 

increase in expenses this year is in the 

audit category. 

The Committee discussed alternatives 

to this recommended assessment 

increase. Leaving the assessment rate at 

the current $1.00 per ton was discussed, 

but not considered since such a rate 

would not have generated income 

adequate to maintain the Committee’s 

reserve at or about the current level. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the producer price for the 2009–10 

season could average about $500 per ton 

for fresh Washington and Oregon grown 

prunes. Therefore, the estimated 

assessment revenue for the 2009–10 

fiscal period as a percentage of total 

producer revenue is 0.4 percent for 

Washington-Oregon prunes. 

This action increases the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are uniform 

on all handlers. Some of the additional 

costs may be passed on to producers. 

However, these costs will be offset by 

the benefits derived by the operation of 

the order. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Washington prune industry and all 

interested persons were invited to 

attend and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the June 2, 2009, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on the issues. 

A proposed rule concerning this 

action was published in the Federal 

Register on July 24, 2009 (74 FR 36616). 

Copies of the rule were made available 

by the Committee office. Finally, the 

rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. A 30-day comment 

period, ending August 24, 2009, was 

provided to allow interested persons to 

respond to the proposal. No comments 

were received. 

This final rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Washington-Oregon 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. As noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this rule. 

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. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and order may be 

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

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&

page=MarketingOrders

SmallBusinessGuide. Any questions 

about the compliance guide should be 

sent to Jay Guerber at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
48850 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

After consideration of all relevant 

matter 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 

handlers are already shipping prunes 

from the 2009–10 crop and the 

Committee needs to have sufficient 

funds to pay its expenses, which are 

incurred on a continuous basis. Further, 

handlers are aware of this action, which 

was recommended by the Committee at 

a public meeting and is similar to other 

assessment rate actions issued in past 

years. Finally, a 30-day comment period 

was provided for in the proposed rule. 

List of Subjects in 7 CFR Part 924 

Prunes, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 924 is amended as 

follows: 

PART 924—PRUNES GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 924 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 924.236 is revised to read 

as follows: 

§ 924.236 Assessment rate. 

On or after April 1, 2009, an 

assessment rate of $2.00 per ton is 

established for the Washington-Oregon 

Fresh Prune Marketing Committee. 

Dated: September 21, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–23153 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 600 and 1024 

RIN 1991–AB77 

Assistance Regulations; Correction 

AGENCY: Department of Energy. 

ACTION: Final rule; correction. 

SUMMARY: The Department of Energy 

(DOE) is correcting a final rule that 

appeared in the Federal Register of 

August 28, 2009 (74 FR 44273). In this 

document, DOE amended its Financial 

Assistance Regulations to update, 

streamline, and simplify the general 

rules, and also removed regulations 

governing the DOE Financial Assistance 

Appeals Board. 

DATES: This correction is effective 

September 28, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jacqueline Kniskern, Office of 

Procurement and Assistance Policy, 

U.S. Department of Energy, at 202–287– 

1342, or by e-mail at 

jacqueline.kniskern@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

E9–20299, appearing on page 44273 in 

the Federal Register of Friday, August 

28, 2009, the following correction is 

made: 

§ 600.6 [Corrected] 

On page 44275, third column, § 600.6, 

introductory paragraph (c), the phrase 

‘‘DOE may award a grant or cooperative 

agreement on a noncompetitive basis 

only if the application satisfies one or 

more of the follow selection criteria:’’ is 

corrected to read ‘‘DOE may award a 

grant or cooperative agreement or 

technology investment agreement on a 

noncompetitive basis only if the 

application satisfies one or more of the 

follow selection criteria:’’. 

Issued in Washington, DC, on September 

21, 2009. 

Edward R. Simpson, 

Director, Office of Procurement and 

Assistance Management, Office of 

Management, Department of Energy. 

Joe Waddell, 

Acting Director, Office of Acquisition and 

Supply Management, National Nuclear 

Security Administration. 

[FR Doc. E9–23188 Filed 9–24–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0986; Airspace 

Docket No. 08–ASO–15] 

Modification of Class E Airspace; 

Franklin, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

effective date of an airspace action, 

which was previously published as a 

direct final rule in the Federal Register, 

for the Macon County Airport in 

Franklin, NC. 

DATES: Effective Date: 0901 UTC, 

September 25, 2009. The Director of the 

Federal Register approves this 

incorporation by reference action under 

title 1, Code of Federal Regulations, part 

51, subject to the annual revision of 

FAA Order 7400.9 and publication of 

conforming amendments. 

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date 

The FAA published this direct final 

rule with a request for comments in the 

Federal Register on December 17, 2008 

(73 FR 76519), Docket No. FAA–2008– 

0986; Airspace Docket No. 08–ASO–15. 

The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that no adverse 

comments were anticipated, and that 

unless a written adverse comment, or a 

written notice of intent to submit such 

an adverse comment, were received 

within the comment period, the 

regulation would become effective on 

March 12, 2009. No adverse comments 

were received, and thus this notice 

confirms that effective date. 

* * * * * 

Issued in College Park, Georgia, on 

September 2, 2009. 

Barry A. Knight, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. E9–22075 Filed 9–24–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket FAA No. FAA–2008–0006; Airspace 

Docket No. 08–ANM–1] 

Establishment of Class D Airspace and 

Amendment of Class E Airspace; North 

Bend, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects a final 

rule published in the Federal Register 

on August 26, 2009. In that rule, errors 

were made in the legal description and 

the airport name for North Bend, OR. 

This action corrects those errors. 

DATES: Effective Date: 0901 UTC, 

October 22, 2009. The Director of the 


CPrice-Sewell on DSKGBLS3C1PROD with RULES