This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

52665 

Vol. 74, No. 197 

Wednesday, October 14, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–09–0037; FV09–927–1 

FR] 

Pears Grown in Oregon and 

Washington; Increased Assessment 

Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

Processed Pear Committee (PPC) for the 

2009–2010 and subsequent fiscal 

periods from $6.25 to $8.41 per ton for 

‘‘summer/fall’’ pears for canning. The 

PPC is responsible for local 

administration of the marketing order 

regulating the handling of pears for 

processing grown in Oregon and 

Washington. Assessments upon 

handlers of pears for processing are 

used by the PPC to fund reasonable and 

necessary expenses of the program. The 

fiscal period for the marketing order 

begins July 1 and ends June 30. The 

assessment rate will remain in effect 

indefinitely unless modified, suspended 

or terminated. 

DATES: Effective Date: October 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Susan M. Coleman 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: 

Sue.Coleman@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 rule 

is issued under Marketing Order No. 

927, as amended (7 CFR part 927), 

regulating the handling of pears grown 

in Oregon and Washington, 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 rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Oregon and Washington pear 

handlers are subject to assessments. 

Funds to administer the order are 

derived from such assessments. It is 

intended that the assessment rate as 

issued herein will be applicable to all 

assessable pears beginning July 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 rule increases the assessment 

rate established for the PPC for the 

2009–2010 and subsequent fiscal 

periods from $6.25 to $8.41 per ton for 

‘‘summer/fall’’ pears for canning 

handled under the order. The 

assessment rate for ‘‘winter’’ and 

‘‘other’’ pears for processing remain 

unchanged at a zero rate. 

The order provides authority for the 

PPC, 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 PPC are growers, 

handlers, and processors of Oregon and 

Washington pears. They are familiar 

with the PPC’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 2005–06 and subsequent fiscal 

periods, the PPC unanimously 

recommended the following three base 

rates of assessment: (a) $6.25 per ton for 

any or all varieties or subvarieties of 

pears for canning classified as 

‘‘summer/fall’’, excluding pears for 

other methods of processing; (b) $0.00 

per ton for any or all varieties or 

subvarieties of pears for processing 

classified as ‘‘winter’’; and (c) $0.00 per 

ton for any or all varieties or 

subvarieties of pears for processing 

classified as ‘‘other’’. The assessment for 

‘‘summer/fall’’ pears applies only to 

pears for canning and excludes pears for 

other methods of processing as defined 

in § 927.15, which includes pears for 

concentrate, freezing, dehydrating, 

pressing, or in any other way to convert 

pears into a processed product. 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 PPC or other 

information available to USDA. 

The PPC met on May 28, 2009, and 

unanimously recommended 2009–2010 

expenditures of $1,029,554. In 

comparison, last year’s budgeted 

expenditures were $882,606. The major 

expenditures recommended by the PPC 

for the 2009–2010 fiscal period include 

$860,310 for promotion and paid 

advertising; $130,944 for research; 

$24,200 for administration; $13,100 for 

PPC expenses; and $1,000 for 

contingency. In comparison, major 

expenditures for the 2008–09 fiscal 

period included $700,000 for promotion 

and paid advertising; $140,106 for 

research; $28,000 for administration; 


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52666 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 

$13,500 for PPC expenses; and $1,000 

for contingency. 

The PPC based its recommended 

assessment rate for ‘‘summer/fall’’ pears 

for canning on the 2009–2010 crop 

estimate, the 2009–2010 program 

expenditure needs, and the current and 

projected size of its monetary reserve. 

Shipments of ‘‘summer/fall’’ pears for 

canning for 2009–2010 are estimated at 

121,000 tons, which should provide 

$1,017,610 in assessment income. 

Income derived from handler 

assessments, along with interest income 

($5,000), and funds from the 

Committee’s authorized reserve 

($136,420), should be adequate to cover 

the budgeted expenditures. The 

estimated 2009–2010 year-end reserve is 

$129,476, which is within the order’s 

limit of approximately one fiscal 

period’s operational expenses. 

Over the past five years, the 

Northwest processed pear industry has 

suffered a reduction in crop size by 

approximately 23 percent. With the 

decreasing crop size, along with the 

increasing costs for promotional 

activities, the PPC has been forced to cut 

back on some promotional activities and 

use reserve funds. The PPC 

recommended the higher assessment 

rate to increase the funding for 

promotional activities. As stated earlier, 

the budget for promotion and paid 

advertising is being increased from last 

season’s $700,000 to $860,310 this fiscal 

period. This increase will allow the PPC 

to effectively carry out the promotional 

activities needed to maintain the 

existing market share and increase 

demand. The PPC recommended no 

change for the $0.00 assessment rate for 

both the ‘‘winter’’ and ‘‘other’’ 

classification of pears for processing. 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the PPC or other available 

information. 

Although this assessment rate will be 

effective for an indefinite period, the 

PPC 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 PPC’s meetings are available from 

the PPC or USDA. The PPC meetings are 

open to the public and interested 

persons may express their views at these 

meetings. USDA will continue to 

evaluate the PPC’s recommendations 

and other available information to 

determine whether modification of the 

assessment rate is needed. Further 

rulemaking will be undertaken as 

necessary. The PPC’s 2009–2010 budget 

has been reviewed and approved by 

USDA; those for subsequent fiscal 

periods will also 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 1,500 

growers of pears for canning in the 

regulated production area and 

approximately 51 handlers subject to 

regulation under the order. Small 

agricultural growers are defined by the 

Small Business Administration (SBA) 

(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. 

According to the Noncitrus Fruits and 

Nuts 2008 Preliminary Summary issued 

in January 2009 by the National 

Agricultural Statistics Service, the total 

farm gate value of ‘‘summer/fall’’ 

processed pears grown in Oregon and 

Washington for 2008 was $28,868,000. 

Therefore, the 2008 average gross 

revenue for a ‘‘summer/fall’’ processed 

pear grower in Oregon and Washington 

was $19,245. Based on records of the 

PPC and recent f.o.b. prices for pears, all 

of the handlers ship less than 

$7,000,000 worth of processed pears on 

an annual basis. Thus it can be 

concluded that the majority of growers 

and handlers of Oregon and Washington 

pears may be classified as small entities. 

There are five processing plants in the 

production area, with one in Oregon 

and four in Washington. All five 

processors would be considered large 

entities under the SBA’s definition of 

small businesses. 

This rule increases the assessment 

rate established for the PPC and 

collected from handlers for the 2009– 

2010 and subsequent fiscal periods from 

$6.25 to $8.41 per ton for ‘‘summer/fall’’ 

pears for canning. The PPC also 

unanimously recommended 2009–2010 

expenditures of $1,029,554. With a 

2009–2010 crop of ‘‘summer/fall’’ pears 

for canning estimate of 121,000 tons in 

Oregon and Washington, the PPC 

anticipates assessment income of about 

$1,017,610. The PPC recommended the 

higher assessment rate to increase the 

funding for promotional activities. 

The major expenditures 

recommended by the PPC for the 2009– 

2010 fiscal period include $860,310 for 

promotion and paid advertising, 

$130,944 for research, $24,200 for 

administration, $13,100 for PPC 

expenses, and $1,000 for contingency. 

In comparison, major expenditures for 

the 2008–09 fiscal period included 

$700,000 for promotion and paid 

advertising, $140,106 for research, 

$28,000 for administration, $13,500 for 

PPC expenses, and $1,000 for 

contingency. 

The PPC discussed alternatives to this 

recommended assessment increase. The 

PPC reviewed a ‘‘critical issue analysis’’ 

of the key components of the PPC’s 

promotion program and discussed 

individual promotional activities. As a 

result of its review, the PCC determined 

that leaving the assessment rate at the 

current $6.25 per ton would have cut 

core promotional activities. 

Furthermore, the PCC determined that 

any assessment rate less than the $8.41 

rate herein established would have been 

insufficient and would have limited 

promotional activities. The assessment 

rate of $8.41 per ton for ‘‘summer/fall’’ 

pears for canning enables the PPC to 

achieve the key components as laid out 

in its promotion program. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the grower price for the 2009–2010 

season could average about $250 per ton 

for ‘‘summer/fall’’ pears for canning. 

Therefore, the estimated assessment 

revenue for the 2009–2010 fiscal period 

as a percentage of total grower revenue 

is 3.364 percent for Oregon and 

Washington ‘‘summer/fall’’ pears for 

canning. 

This action increases 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 growers. However, these costs would 

be offset by the benefits derived by the 

operation of the order. 

In addition, the PPC’s meeting was 

widely publicized throughout the 

Oregon and Washington pear industry 

and all interested persons were invited 

to attend and participate in PPC 

deliberations on all issues. Like all PPC 

meetings, the May 28, 2009 meeting was 


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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations 52667 

a public meeting and all entities, both 

large and small, were able to express 

views on the issues. 

This rule does not impose additional 

reporting or recordkeeping requirements 

on either small or large Oregon and 

Washington pear 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 proposed rule regarding this action 

was published in the Federal Register 

on August 26, 2009 (FR 74 43082). 

Copies of the rule were made available 

to all Oregon and Washington processed 

pear handlers. The proposal was also 

made available through the Internet by 

USDA and the Office of the Federal 

Register. A 30-day comment period 

ending September 25, 2009, was 

provided so that persons interested in 

the proposal could respond. No 

comments were received. 

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=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 PCC 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 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 2009–2010 fiscal period 

began on July 1, 2009, and the order 

requires that the assessment rate for 

each fiscal period apply to all pears for 

canning handled during such fiscal 

period; (2) the PPC needs to have 

sufficient funds to pay its expenses, 

which are incurred on a continuous 

basis; (3) handlers are aware of this 

action, which was recommended by the 

PPC at a public meeting and is similar 

to other assessment rate actions issued 

in past years; and (4) a 30-day comment 

period was provided for in the proposed 

rule. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 927 is amended as 

follows: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 927.237, the introductory text 

and paragraph (a) are revised to read as 

follows: 

§ 927.237 Processed pear assessment 

rate. 

On or after July 1, 2009, the following 

base rates of assessment for pears for 

processing are established for the 

Processed Pear Committee: 

(a) $8.41 per ton for any or all 

varieties or subvarieties of pears for 

canning classified as ‘‘summer/fall’’ 

excluding pears for other methods of 

processing; 

* * * * * 

Dated: October 6, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–24681 Filed 10–13–09; 8:45 am] 

BILLING CODE P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

[NRC–2008–0458] 

RIN 3150–AI31 

Criminal Penalties; Unauthorized 

Introduction of Weapons 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to authorize the imposition 

of Federal criminal penalties on those 

who, without authorization, introduce 

weapons or explosives into specified 

classes of facilities and installations 

subject to the regulatory authority of the 

NRC. This action is necessary to 

implement section 229, ‘‘Trespass on 

Commission Installations,’’ of the 

Atomic Energy Act of 1954, as amended 

(AEA). 

DATES: This rule is effective on April 12, 

2010. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2008–0458]. Address questions 

about NRC dockets to Carol Gallagher at 

301–415–5905, e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Public 

File Area O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

James E. Adler, Office of the General 

Counsel, telephone 301–415–1656, 

e-mail: james.adler@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Public Comments 

III. Discussion of the Final Rule 

IV. Voluntary Consensus Standard 

V. Finding of No Significant Environmental 

Impact: Environmental Assessment 

VI. Paperwork Reduction Act Statement 

VII. Regulatory Analysis 

VIII. Regulatory Flexibility Certification 

IX. Backfit Analysis 

X. Congressional Review Act 

XI. Agreement State Compatibility 

I. Background 

Section 654 of the Energy Policy Act 

of 2005, ‘‘Unauthorized Introduction of 

Dangerous Weapons,’’ amended § 229 of 

the AEA (42 U.S.C. 2278a) to authorize 

the NRC to issue regulations that make 

it a Federal crime to bring, without 

authorization, weapons or explosives 

into facilities designated by the NRC. 


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