This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

53397 

Vol. 74, No. 200 

Monday, October 19, 2009 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 360 and 361 

[Docket No. APHIS-2008-0097] 

Noxious Weeds; Old World Climbing 

Fern and Maidenhair Creeper 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the noxious 

weed regulations by adding Old World 

climbing fern (Lygodium microphyllum 

(Cavanilles) R. Brown) and maidenhair 

creeper (Lygodium flexuosum 

(Linnaeus) Swartz) to the list of 

terrestrial noxious weeds. This action is 

necessary to prevent the artificial spread 

of these noxious weeds into the United 

States. 

DATES: This interim rule is effective 

October 19, 2009. We will consider all 

comments that we receive on or before 

December 18, 2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

fdmspublic/component/main?main= 

DocketDetail&d=APHIS-2008-0097) to 

submit or view comments and to view 

supporting and related materials 

available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS-2008-0097, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A-03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737-1238. Please state that your 

comment refers to Docket No. APHIS2008-0097. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690-2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alan V. Tasker, Noxious Weeds Program 

Coordinator, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737-1236, 

(301) 734-5225; or Ms. Dorothy Wayson, 

Regulatory Coordination Specialist, 

Regulatory Coordination and 

Compliance, Permits, Registrations, 

Imports, and Manuals, PPQ, APHIS, 

4700 River Road Unit 52, Riverdale, MD 

20737-1236, (301) 734-0772. 

SUPPLEMENTARY INFORMATION: 

Background 

The Plant Protection Act (PPA, 7 

U.S.C. 7701 et seq.) authorizes the 

Secretary of Agriculture to prohibit or 

restrict the importation, entry, 

exportation, or movement in interstate 

commerce of any plant, plant product, 

biological control organism, noxious 

weed, article, or means of conveyance if 

the Secretary determines that the 

prohibition or restriction is necessary to 

prevent the introduction of a plant pest 

or noxious weed into the United States 

or dissemination of a plant pest or 

noxious weed within the United States. 

The PPA defines ‘‘noxious weed’’ as 

‘‘any plant or plant product that can 

directly or indirectly injure or cause 

damage to crops (including nursery 

stock or plant products), livestock, 

poultry, or other interests of agriculture, 

irrigation, navigation, and the natural 

resources of the United States, the 

public health, or the environment.’’ The 

PPA also provides that the Secretary 

may publish, by regulation, a list of 

noxious weeds that are prohibited or 

restricted from entering the United 

States or that are subject to restrictions 

on interstate movement within the 

United States. Under this authority, the 

Animal and Plant Health Inspection 

Service (APHIS) administers the 

noxious weeds regulations in 7 CFR part 

360, which prohibit or restrict the 

importation and interstate movement of 

those plants that are designated as 

noxious weeds in § 360.200. 

Under the authority of the Federal 

Seed Act of 1939, as amended (7 U.S.C. 

1551 et seq.), the U.S. Department of 

Agriculture regulates the importation 

and interstate movement of certain 

agricultural and vegetable seeds and 

screenings. Title III of that Act, ‘‘Foreign 

Commerce,’’ requires shipments of 

imported agricultural and vegetable 

seeds to be labeled correctly and to be 

tested for the presence of the seeds of 

certain noxious weeds as a condition of 

entry into the United States. APHIS’ 

regulations implementing the provisions 

of title III of the Federal Seed Act are 

found in 7 CFR part 361. A list of 

noxious weed seeds is contained in 

§ 361.6. Paragraph (a)(1) of § 361.6 lists 

species of noxious weed seeds with no 

tolerances applicable to their 

introduction into the United States. 

In this document, we are amending 

the regulations by adding Old World 

climbing fern (Lygodium microphyllum 

(Cavanilles) R. Brown) and maidenhair 

creeper (Lygodium flexuosum 

(Linnaeus) Swartz) to the list of 

terrestrial noxious weeds in § 360.200(c) 

and the list of noxious weed seeds with 

no tolerances applicable to their 

introduction in § 361.6(a)(1). We are 

taking this action based on information, 

discussed below, that indicates that L. 

microphyllum and L. flexuosum are 

harmful noxious weeds that pose a 

serious threat to U.S. agriculture and the 

natural resources of the United States. 

This information is also available in 

the weed risk assessment (WRA) 

document titled ‘‘Lygodium 

microphyllum (Old World climbing 

fern), Lygodium japonicum (Japanese 

climbing fern), and Lygodium 

flexuosum,’’ which may be obtained 

from the person listed under FOR

FURTHER INFORMATION CONTACT or 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov). 

APHIS received an inquiry regarding 

market access for leaves of L. 

microphyllum from China to be used in 

basket weaving. Shortly afterward, the 

State of Florida requested that APHIS 

assess all 25 Lygodium species to 

determine whether they could be added 

to the list of Federal noxious weeds. A 

preliminary review of the genus 

indicated that only five species of the 


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53398 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 

Lygodium genus are considered weeds: 

L. circinnatum, L. flexuosum, L. 

japonicum, L. microphyllum, and L. 

polymorphum. Because importation of 

L. microphyllum and L. japonicum, 

which are already present in the United 

States, may lead to the establishment of 

additional populations in the United 

States, PPQ’s Plant Epidemiology and 

Risk Analysis Laboratory (PERAL) 

prepared a WRA to determine whether 

these species qualify as Federal noxious 

weeds. 

We also assessed L. flexuosum, which 

is not known to be present in the United 

States, because it is similar to L. 

microphyllum and L. japonicum and 

may have similar impacts if introduced. 

Due to the limited information available 

on L. polymorphum and L. circinnatum, 

PERAL was not able to gather sufficient 

evidence to assess the invasiveness of 

these species; however, they may be 

assessed separately if more information 

becomes available. We invite the public 

to submit any additional information on 

these species that could help us assess 

their invasiveness. 

L. microphyllum is a vine-like fern 

with fronds that can grow up to 30 feet 

long, which can overtake and blanket 

environments and provide access for 

wildfires to reach into tree canopies. 

The species is native in parts of Africa, 

Asia, and Australia. Fertile Lygodium 

leaves contain reproductive structures 

filled with spores that can become 

windborne and spread the fern into 

uninfested areas. L. microphyllum 

possesses a number of traits that 

contribute to its destructive 

establishment, naturalization, and 

spread. These traits include its tolerance 

to a wide variety of light conditions, 

massive spore production, tolerance to 

fire, and rapid growth and 

photosynthetic rates. 

In the United States, L. microphyllum 

is currently established in southern 

Florida, where it has rapidly invaded a 

variety of habitats including pine 

forests, wetlands, hammocks, ditches, 

and disturbed areas. The fern’s prolific 

growth shades underlying vegetation 

and damages the habitats of federally 

listed threatened and endangered 

species in Florida in the Everglades 

National Park, national wildlife refuges, 

and other Federal and State 

conservation areas. 

L. microphyllum has not reached the 

limit of its potential geographic 

distribution in the United States. 

Florida, the only state with L. 

microphyllum populations, regulates it 

as a State noxious weed. Florida 

currently has a Lygodium management 

plan, which was released in 2006, and 

an active control program in place. The 

States of Alabama, North Carolina, 

South Carolina, and Vermont, 

incorporate the Federal noxious weed 

list by reference into their State noxious 

weed lists and thus will regulate both L. 

microphyllum and L. flexuosum as State 

noxious weeds. 

L. flexuosum is a vine-like fern that 

spreads by rhizomes and by climbing 

over other lowland vegetation. The 

species is native to temperate and 

tropical Southeast Asia and Australia. In 

its native range, it reduces rice yields, 

obstructs harvesting operations in 

rubber tree and oil palm plantations, 

and may compete with tea plants for 

resources. L. flexuosum is not known to 

be present in the United States, other 

than for scientific study in containment 

at a biological control research facility. 

L. japonicum is a vine-like fern with 

fronds that can grow up to 30 feet long, 

capable of reaching into forest canopies. 

The species is native to tropical and 

temperate Asia. In the United States, it 

has been established since 1937 and is 

relatively widespread in some States, 

but regionalized or isolated in others. 

Besides being spread through 

horticulture, L. japonicum is readily 

wind-dispersed and can spread in 

contaminated pine straw and on field 

equipment. 

There are 11 States (Alabama, 

Arkansas, Florida, Georgia, Hawaii, 

Louisiana, Mississippi, North Carolina, 

Puerto Rico, South Carolina, and Texas) 

with known populations of L. 

japonicum. Out of those States, only 

Florida and Alabama list L. japonicum 

as a State noxious weed. Florida is 

planning on releasing a detailed 

management plan for L. japonicum 

similar to the plan released for L. 

microphyllum in 2006. Outside Florida, 

L. japonicum may be controlled locally 

by various Federal, State, or local 

agencies; however, the extent of local 

control is unknown. 

Based on APHIS’ evaluation of the 

preliminary information generated 

during the weed risk assessment as well 

as our review of Florida’s request, 

APHIS concluded that L. microphyllum 

and L. flexuosum are noxious weeds 

that posed a serious threat to U.S. 

agriculture and the environment. 

Accordingly, APHIS issued a Federal 

Import Quarantine Order on May 30, 

2008, that immediately restricted the 

importation from all countries of any 

part of L. microphyllum or L. flexuosum 

capable of propagation, including 

nursery stock, spores, and leaves 

(fronds), unless authorized by a PPQ 

permit for specified research in 

containment. This interim rule is 

intended to codify provisions of the 

existing Federal Order that prevent the 

introduction into or spread of L. 

microphyllum and L. flexuosum within 

the United States. Accordingly, we are 

adding L. microphyllum and L. 

flexuosum to the list of terrestrial weeds 

in § 360.200(c), thus allowing them to 

be imported or moved interstate only 

with a permit in which conditions are 

specified to prevent their artificial 

spread. Additionally, we are adding L. 

microphyllum and L. flexuosum to the 

list of noxious weed seeds in 

§ 361.6(a)(1) with no tolerances 

applicable to their introduction into the 

United States. 

The WRA recommended that we 

consider listing L. japonicum to the list 

of terrestrial weeds in § 360.200(c). We 

prepared a Federal noxious weed 

decision document to help evaluate 

whether to list L. japonicum as a 

noxious weed. This document may be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT or 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov). Based on 

the information provided in that 

document, we are not regulating L. 

japonicum at this time, because L. 

japonicum is not regulated by 9 of the 

11 States where it occurs, and the extent 

of control programs throughout these 

States is unclear. 

Federal Preemption 

On May 20, 2009, the President issued 

a memorandum to the heads of 

executive departments and agencies on 

the subject of preemption. The 

memorandum states that it is the general 

policy of the Administration that 

preemption of State law by executive 

departments and agencies should be 

undertaken only with full consideration 

of the legitimate prerogatives of the 

States and with a sufficient legal basis 

for preemption. The memorandum 

further states: 

To ensure that executive departments 

and agencies include statements of 

preemption in regulations only when 

such statements have a sufficient legal 

basis: 

∑ Heads of departments and agencies 

should not include in regulatory 

preambles statements that the 

department or agency intends to 

preempt State law through the 

regulation except where preemption 

provisions are also included in the 

codified regulation. 

∑ Heads of departments and agencies 

should not include preemption 

provisions in codified regulations 

except where such provisions would be 

justified under legal principles 

governing preemption, including the 


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Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 53399 

principles outlined in Executive Order 

13132. 

Since 1996, Executive Order 12988, 

‘‘Civil Justice Reform,’’ has required 

agencies to include in each regulation a 

statement regarding its preemptive 

effects. APHIS has included a statement 

of preemptive effects in regulatory 

preambles under the heading, 

‘‘Executive Order 12988.’’ 

In compliance with the May 2009 

memorandum from the White House, 

we are adding preemption provisions to 

parts 360 and 361 that would apply to 

this rule, as well as to the existing 

regulations in parts 360 and 361. 

Part 360 contains restrictions on the 

movement into or through the United 

States of plants and plant products that 

fall within the definition of ‘‘noxious 

weed’’ as defined in section 403 of the 

Plant Protection Act (7 U.S.C. 7702 

(10)). 

Under section 436 of the Plant 

Protection Act (7 U.S.C. 7756), no State 

or political subdivision of a State may 

regulate in foreign commerce any 

noxious weed in order to control it, 

eradicate it, or prevent its 

dissemination. A State or political 

subdivision of a State also may not 

regulate the movement in interstate 

commerce of noxious weeds if the 

Secretary has issued a regulation or 

order to prevent the dissemination of 

the noxious weed within the United 

States. The only exceptions to this are: 

∑ If the prohibitions or restrictions 

issued by the State or political 

subdivision of a State are consistent 

with and do not exceed the regulations 

or orders issued by the Secretary; or 

∑ If the State or political subdivision 

of a State demonstrates to the Secretary 

and the Secretary finds that there is a 

special need for additional prohibitions 

or restrictions based on sound scientific 

data or a thorough risk assessment. 

Therefore, in accordance with section 

436 of the Plant Protection Act, the 

regulations in part 360 preempt all State 

and local laws and regulations that are 

inconsistent with or exceed the 

regulations in part 360 unless a special 

need request has been granted in 

accordance with our regulations 

governing the consideration of such a 

request (see 7 CFR 301.1 through 301.1- 

3). 

Accordingly, in this interim rule, we 

are adding a new § 360.400 to codify the 

preemptive effects of the regulations in 

part 360. 

As noted previously, the regulations 

in part 361 were issued under the 

authority of the Federal Seed Act of 

1939, as amended. The Federal Seed Act 

does not include in its text explicit 

provisions regarding preemption such 

as these found in the Plant Protection 

Act. However, APHIS’ regulations in 

part 361 and the provisions of the 

Federal Seed Act on which they are 

based deal entirely with foreign 

commerce, and the regulation of foreign 

commerce is a power granted to the 

Federal Government under the U.S. 

Constitution. Therefore, those 

regulations preempt State and local laws 

regarding seed and screenings imported 

into the United States while the seed 

and screenings are in foreign commerce. 

Accordingly, we are amending the 

regulations in part 361 to codify their 

preemptive effects. The new provisions 

regarding preemption will be added to 

§ 361.2, which we have renamed 

‘‘Preemption of State and local laws; 

general restrictions on the importation 

of seed and screenings.’’ 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the 

introduction of L. microphyllum and L. 

flexuosum into uninfested areas of the 

United States and prevent the artificial 

spread of L. microphyllum within the 

United States. Under these 

circumstances, the Administrator has 

determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this rule effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

We are amending the regulations by 

adding L. microphyllum and L. 

flexuosum to the list of terrestrial 

noxious weeds in § 360.200(c) and the 

list of noxious weed seeds with no 

tolerances applicable to their 

introduction in § 361.6(a)(1). In 

accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. This action, which is 

necessary to prevent the artificial spread 

of these noxious weeds into the United 

States, is expected to have only minor, 

if any, economic effects on U.S. entities. 

In the last 5 years, there have been 

only two recorded shipments of 

Lygodium species imported into the 

United States, one in 2006 and a second 

in 2008. The species that were imported 

are not known and may or may not have 

been L. microphyllum or L. flexuosum. 

The 2006 shipment consisted of 122 

stems imported from Colombia as cut 

flowers. Two years later, a second 

shipment arrived into the United States 

from the United Kingdom in the form of 

Lygodium spores, ready for propagation. 

The value of these two Lygodium 

shipments is also not known, but clearly 

it was negligible when compared to the 

approximately $1.5 billion in 

floriculture products imported annually. 

Moreover, whatever small benefit U.S. 

importers would derive from selling 

Lygodium spores or cut flowers is 

insignificant when compared to the 

costs of controlling the invasive ferns if 

inadvertently released into the 

environment. Florida is already bearing 

such costs in combating L. 

microphyllum. 

Additionally, the May 2008 Federal 

Importation Quarantine Order restricts 

the importation from all countries of 

any part of L. microphyllum or L. 

flexuosum capable of propagation, 

including nursery stock, spores, and 

leaves (fronds), unless authorized by a 

PPQ permit for specified research in 

containment. We have received no 

feedback from the nursery industry on 

the Federal Order that would lead us to 

believe that the restriction of Lygodium 

imports would have any impact on a 

substantial number of small entities. 

We do not have any additional 

information on the importation of 

Lygodium spp. and its impacts on small 

entities. The intrastate movement of L. 

microphyllum is currently restricted by 

Florida; we do not have any information 

on interstate trade in L. microphyllum. 

We invite the public to submit 

additional information on the possible 

impacts listing L. microphyllum and L. 

flexuosum as Federal noxious weeds 

could have on small entities. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 


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53400 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Rules and Regulations 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (2) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects 

7 CFR Part 360 

Imports, Plants (Agriculture), 

Quarantine, Reporting and 

recordkeeping requirements, 

Transportation, Weeds. 

7 CFR Part 361 

Agricultural commodities, Imports, 

Labeling, Quarantine, Reporting and 

recordkeeping requirements, Seeds, 

Vegetables, Weeds. 

■ Accordingly, we are amending 7 CFR 

parts 360 and 361 as follows: 

PART 360–NOXIOUS WEED 

REGULATIONS 

■ 1. The authority citation for part 360 

continues to read as follows: 

Authority: 7 U.S.C. 7701-7772 and 7781- 

7786; 7 CFR 2.22, 2.80, and 371.3. 

§ 360.200 [Amended] 

■ 2. In § 360.200, the list in paragraph 

(c) is amended by adding, in 

alphabetical order, entries for 

‘‘Lygodium flexuosum (Linnaeus) 

Swartz (maidenhair creeper)’’ and 

‘‘Lygodium microphyllum (Cavanilles) 

R. Brown (Old World climbing fern)’’. 

■ 3. A new § 360.400 is added to read 

as follows: 

§ 360.400 Preemption of State and local 

laws. 

(a) Under section 436 of the Plant 

Protection Act (7 U.S.C. 7756), a State 

or political subdivision of a State may 

not regulate in foreign commerce any 

noxious weed in order to control it, 

eradicate it, or prevent its 

dissemination. A State or political 

subdivision of a State also may not 

impose prohibitions or restrictions upon 

the movement in interstate commerce of 

noxious weeds if the Secretary has 

issued a regulation or order to prevent 

the dissemination of the noxious weed 

within the United States. The only 

exceptions to this are: 

(1) If the prohibitions or restrictions 

issued by the State or political 

subdivision of a State are consistent 

with and do not exceed the regulations 

or orders issued by the Secretary; or 

(2) If the State or political subdivision 

of a State demonstrates to the Secretary 

and the Secretary finds that there is a 

special need for additional prohibitions 

or restrictions based on sound scientific 

data or a thorough risk assessment. 

(b) Therefore, in accordance with 

section 436 of the Plant Protection Act, 

the regulations in this part preempt all 

State and local laws and regulations that 

are inconsistent with or exceed the 

regulations in this part unless a special 

need request has been granted in 

accordance with the regulations in §§ 

301.1 through 301.13 of this chapter. 

PART 361–IMPORTATION OF SEED 

AND SCREENINGS UNDER THE 

FEDERAL SEED ACT 

■ 4. The authority citation for part 361 

continues to read as follows: 

Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 

2.80, and 371.3. 

■ 5. In § 361.2, the section heading is 

revised and paragraphs (a) through (d) 

are redesignated as paragraphs (b) 

through (e), respectively, and a new 

paragraph (a) is added to read as 

follows: 

§ 361.2 Preemption of State and local 

laws; general restrictions on the 

importation of seed and screenings. 

(a) The regulations in this part 

preempt State and local laws regarding 

seed and screenings imported into the 

United States while the seed and 

screenings are in foreign commerce. 

Seed and screenings imported for 

immediate distribution and sale to the 

consuming public remain in foreign 

commerce until sold to the ultimate 

consumer. The question of when foreign 

commerce ceases in other cases must be 

considered on a case-by-case basis. 

* * * * * 

§ 361.6 [Amended] 

■ 6. In § 361.6, paragraph (a)(1) is 

amended by adding, in alphabetical 

order, entries for ‘‘Lygodium flexuosum 

(Linnaeus) Swartz (maidenhair 

creeper)’’ and ‘‘Lygodium microphyllum 

(Cavanilles) R. Brown (Old World 

climbing fern)’’. 

Done in Washington, DC, this 6th day 

of October, 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–25119 Filed 10–16–09: 8:45 am] 

BILLING CODE: 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Doc. No. AMS–FV–09–0038; FV09–922–1 

FIR] 

Apricots Grown in Designated 

Counties in Washington; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim final rule 

as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule which decreased the 

assessment rate established for the 

Washington Apricot Marketing 

Committee (Committee) for the 2009– 

2010 and subsequent fiscal periods from 

$2.00 to $1.00 per ton of apricots 

handled. The Committee locally 

administers the marketing order, which 

regulates the handling of apricots grown 

in designated counties in Washington. 

The decreased assessment rate is 

necessary to align the Committee’s 

expected revenue with its proposed 

2009–2010 budget. 

DATES: Effective Date: October 20, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert 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 obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

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

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide; or by 

contacting Jay Guerber, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; 


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