Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations 22213 

handlers have already received 2010 

olives from growers, the fiscal year 

began on January 1, 2010, and the 

assessment rate applies to all olives 

received during the 2010 and 

subsequent seasons. Further, handlers 

are aware of this rule, which was 

recommended at a public meeting. Also, 

a 30-day comment period was provided 

for in the proposed rule. 

List of Subjects in 7 CFR Part 932 

Olive, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 932 is amended as 

follows: 

PART 932—OLIVES GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 932 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 932.230 is revised to read 

as follows: 

§ 932.230 Assessment rate. 

On and after January 1, 2010, an 

assessment rate of $44.72 per ton is 

established for California olives. 

Dated: April 22, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–9827 Filed 4–27–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 996 

[Docket No. AMS–FV–10–0030, FV10–996– 

610 Review] 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States; 

Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of review and request for 

comments. 

SUMMARY: This document announces 

that the Agricultural Marketing Service 

(AMS) plans to review 7 CFR part 996, 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States, 

under the criteria contained in section 

610 of the Regulatory Flexibility Act 

(RFA). 

DATES: Written comments on this notice 

must be received by June 28, 2010. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this notice of review. 

Comments must be sent to the Docket 

Clerk, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., Stop 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938, or 

Internet: http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

may be viewed at: http:// 

www.regulations.gov. All comments 

submitted in response to this notice will 

be included in the record and will be 

made available to the public. Please be 

advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Martin Engeler, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey St., Fresno, California 93721; 

Telephone: (559) 487–5110; Fax: (559) 

487–5906; or E-mail: 

Martin.Engeler@ams.usda.gov.; or 

Kenneth G. Johnson, DC Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, Unit 

155, 4700 River Road, Riverdale, MD 

20737; Telephone: (301) 734–5243; Fax: 

(301) 734–5275; or E-mail: 

Kenneth.Johnson@usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States 

(Standards), as amended (7 CFR Part 

996), were established pursuant to 

Public Law 107–171, the Farm Security 

and Rural Investment Act of 2002 (Farm 

Bill). The Standards regulate the quality 

and handling of domestic and imported 

peanuts marketed in the United States. 

AMS published in the Federal 

Register on August 14, 2003 (68 FR 

48574), its plan to review certain 

regulations, including the Standards, 

under criteria contained in section 610 

of the RFA (5 U.S.C. 601–612). Because 

many AMS regulations impact small 

entities, AMS has decided, as a matter 

of policy, to review certain regulations 

which, although they may not meet the 

threshold requirement under section 

610 of the RFA, warrant review. 

The purpose of the review will be to 

determine whether the Standards 

should be continued without change, 

amended, or rescinded, consistent with 

the stated objectives of applicable 

statutes, to minimize the impacts on 

small entities. In conducting this 

review, AMS will consider the 

following factors: (1) The continued 

need for the Standards; (2) the nature of 

complaints or comments received from 

the public concerning the Standards; (3) 

the complexity of the Standards; (4) the 

extent to which the Standards overlap, 

duplicate, or conflict with other Federal 

rules, and, to the extent feasible, with 

State and local governmental rules; and 

(5) the length of time since the 

Standards have been evaluated, or the 

degree to which technology, economic 

conditions, or other factors have 

changed in the areas affected by the 

Standards. 

Written comments, views, opinions, 

and other information regarding the 

impact the Standards have on small 

businesses are invited. 

Dated: April 22, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–9833 Filed 4–27–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2007–BT–TP–0013] 

RIN 1904–AB72 

Energy Conservation Program: Test 

Procedures for General Service 

Fluorescent Lamps, Incandescent 

Reflector Lamps, and General Service 

Incandescent Lamps; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: This document contains a 

technical correction to the final rule 

regarding the test procedures for general 

service fluorescent lamps, incandescent 

reflector lamps, and general service 

incandescent lamps, which was 

published in the Federal Register on 

July 6, 2009. In that final rule, the U.S. 

Department of Energy (DOE) adopted 

amendments to its test procedure 

regulations for the above-specified 

lamps. However, due to a drafting error, 

part of the original wording was 

inadvertently removed from the DOE 

test procedure regulations in the Code of 

Federal Regulations (CFR). This final 

rule addresses this issue and restores 

the correct and complete language to the 

regulations. 


sroberts on DSKD5P82C1PROD with RULES
22214 Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations 

DATES: Effective on April 28, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Linda Graves, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC, 20585–0121. 

Telephone: (202) 586–1851. E-mail: 

Linda.Graves@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC, 20585. 

Telephone: (202) 586–9507. E-mail: 

mailto:Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 6, 2009, DOE’s Office of 

Energy Efficiency and Renewable 

Energy published a test procedure final 

rule in the Federal Register titled, ‘‘Test 

Procedures for General Service 

Fluorescent Lamps, Incandescent 

Reflector Lamps, and General Service 

Incandescent Lamps’’ (hereafter referred 

to as the ‘‘July 2009 final rule’’). 74 FR 

31829. Since the publication of that 

rule, it has come to DOE’s attention that, 

due to a technical oversight, a certain 

part of the July 2009 final rule 

incorrectly amended a section of the 

DOE regulations that specified which 

units should be tested to demonstrate 

compliance with energy conservation 

standards. Specifically, 10 CFR 

430.24(r)(1) was amended to include 

general service incandescent lamps, but 

existing details specifying requirements 

for manufacturer sampling of units were 

inadvertently removed. These existing 

details were previously adopted in a 

published test procedure final rule 

titled, ‘‘Fluorescent and Incandescent 

Lamp Test Procedures’’ (hereafter the 

‘‘May 1997 final rule’’). 62 FR 29222, 

29239–40 (May 29, 1997). Today’s final 

rule revises the relevant section to 

include the correct information. 

II. Summary of This Action 

As published, the July 2009 final rule 

contains an incomplete unit sampling 

procedure for general service 

fluorescent lamps, incandescent 

reflector lamps, and general service 

incandescent lamps. The purpose of the 

sampling procedure is to specify which 

units manufacturers of these lamps must 

test to demonstrate compliance with the 

applicable energy conservation 

standards. To correct this error, DOE is 

amending 10 CFR 430.24(r)(1) to again 

include the relevant language from the 

May 1997 final rule. 

III. Final Action 

Section 553 of Title 5, U.S. Code, (5 

U.S.C. 553) generally requires agencies 

to provide prior notice and an 

opportunity for public comment on 

substantive rules. The requirement does 

not apply, however, if the agency 

determines that notice and opportunity 

for public comment can be waived for 

good cause if such procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ DOE finds that 

good cause exists for dispensing with 

notice and opportunity for public 

comment in issuing today’s rule. It was 

clearly not DOE’s intention to change or 

eliminate the sampling requirements for 

general service fluorescent lamps, 

general service incandescent lamps, or 

incandescent reflector lamps. At no 

place in the July 2009 final rule (or the 

notice of proposed rulemaking that 

preceded it) did DOE discuss such a 

modification. The change in the code 

language was inadvertent and is 

currently in need of correction in order 

to facilitate manufacturer compliance 

testing. For these reasons, DOE finds 

that prior notice or an opportunity for 

comment are unnecessary, and has 

characterized today’s rule as a 

‘‘technical correction’’ in the ACTION line 

at the beginning of this notice. 

IV. Procedural Requirements 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the July 6, 2009 test 

procedure final rule remain unchanged 

for this final rule technical correction. 

These determinations are set forth in the 

July 6, 2009 final rule. 74 FR 31829, 

31838–40. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

■ For the reasons stated in the preamble, 

part 430 of chapter II of title 10, Code 

of Federal Regulations, is corrected by 

making the following correcting 

amendments: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Section 430.24 is amended by 

revising paragraph (r)(1) to read as 

follows 

§ 430.24 Units to be tested. 

* * * * * 

(r)(1) For each basic model of general 

service fluorescent lamp, general service 

incandescent lamp, and incandescent 

reflector lamp, samples of production 

lamps shall be tested and the results for 

all samples shall be averaged for a 12- 

month period. A minimum sample of 21 

lamps shall be tested. The manufacturer 

shall randomly select a minimum of 

three lamps from each month of 

production for a minimum of 7 out of 

the 12-month period. In the instance 

where production occurs during fewer 

than 7 of such 12 months, the 

manufacturer shall randomly select 3 or 

more lamps from each month of 

production, where the number of lamps 

selected for each month shall be 

distributed as evenly as practicable 

among the months of production to 

attain a minimum sample of 21 lamps. 

Any represented value of lamp efficacy 

of a basic model shall be based on the 

sample and shall be no greater than the 

lower of the mean of the sample or the 

lower 95-percent confidence limit of the 

true mean (XL) divided by 0.97, i.e., 

x t

s

n − ⎛

⎝

⎜ ⎞

⎠ 0 95 ⎟

0 97

.

.

where: 

x ̄ = the mean luminous efficacy of the 

sample 

s = the sample standard deviation 

t0.95 = the t statistic for a 95-percent 

confidence limit for n-1 degrees of freedom 

(from statistical tables) 

n = sample size 

* * * * * 

Issued in Washington, DC on April 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–9830 Filed 4–27–10; 8:45 am] 

BILLING CODE 6450–01–P 


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