43042 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The Committee has 

recommended prompt termination of 

the marketing order regulating the 

handling of Washington-Oregon fresh 

prunes and no longer requires reports or 

assessment income; (2) this action is a 

relaxation in the order’s regulatory 

requirements; (3) the Committee 

unanimously recommended these 

changes at a public meeting and 

interested parties had an opportunity to 

provide input; and (4) this rule provides 

a 60-day comment period and any 

comments received will be considered 

prior to finalization of this 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—FRESH PRUNES GROWN 

IN DESIGNATED COUNTIES IN 

WASHINGTON AND IN UMATILLA 

COUNTY, OREGON 

■ 1. The authority citation for 7 CFR 

part 924 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§§ 924.160 and 924.236 [Suspended] 

■ 2. Sections 924.160 and 924.236 are 

suspended in their entirety. 

Dated: July 20, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–18086 Filed 7–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–10–0052; FV10–946–1 

IR] 

Irish Potatoes Grown in Washington; 

Temporary Change to the Handling 

Regulations and Reporting 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule suspends, for the 

2010–2011 season only, the minimum 

quality, maturity, pack, marking, and 

inspection requirements currently 

prescribed for russet potato varieties 

under the Washington potato marketing 

order. The marketing order regulates the 

handling of Irish potatoes grown in 

Washington, and is administered locally 

by the State of Washington Potato 

Committee (Committee). During the 

suspension of the russet potato handling 

regulation, reports from handlers will be 

required for the purpose of obtaining 

information necessary to administer the 

marketing order. This rule is expected to 

reduce overall industry expenses and 

increase net returns to producers and 

handlers while allowing the industry 

the opportunity to explore alternative 

marketing strategies. 

DATES: Effective July 24, 2010; 

comments received by September 21, 

2010 will be considered prior to 

issuance of a final rule. Pursuant to the 

Paperwork Reduction Act, comments on 

the information collection burden must 

be received by September 21, 2010. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. 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 document 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 can be viewed 

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

comments submitted in response to this 

rule 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: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence, 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

946, as amended (7 CFR part 946), 

regulating the handling of Irish potatoes 

grown in 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. This rule is not intended to 

have retroactive effect. 

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. A 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 suspends the order’s 

handling regulation for russet potato 

varieties for the 2010–2011 season. This 

rule allows the Washington potato 

industry to market russet potatoes 

without regard to the minimum quality, 

maturity, pack, marking, and inspection 

requirements currently prescribed under 

the Washington potato marketing order. 

It is intended that the suspension will 

apply to the season beginning on July 1, 

2010, and continuing through June 30, 

2011. The minimum quality, maturity, 

pack, marking, and inspection 

requirements will resume July 1, 2011, 

for the 2011–2012 season and continue 

unless modified, suspended, or 

terminated. 

This rule also establishes a new 

reporting requirement for russet 

potatoes handled during the same 12 

month period. As assessments will 

remain in effect on all fresh russet 

potatoes handled under the order, 

reporting requirements will allow the 

Committee to obtain information 

necessary to facilitate assessment 

collection. 

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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43043 

Section 946.52 of the order authorizes 

the establishment of grade, size, quality, 

or maturity regulations for any variety 

or varieties of potatoes grown in the 

production area. Section 946.52 also 

authorizes regulation of the size, 

capacity, weight, dimensions, pack, and 

marking or labeling of the container, or 

containers, which may be used in the 

packing or handling of potatoes, or both. 

Section 946.51 further authorizes the 

modification, suspension, or 

termination of regulations issued under 

§ 946.52. Section 946.60 provides that 

whenever potatoes are regulated 

pursuant to § 946.52 such potatoes must 

be inspected by the Federal State 

Inspection Program (FSIP), and certified 

as meeting the applicable requirements 

of such regulations. 

Section 946.70 authorizes the 

Committee, with the approval of USDA, 

to require information from handlers 

that will enable the Committee to 

exercise its duties under the order. 

Section 946.336 of the order’s 

administrative rules and regulations 

prescribes the grade, size, quality, 

cleanness, maturity, pack, marking, and 

inspection requirements for fresh 

market Washington potatoes. 

The Committee meets regularly to 

consider recommendations for 

modification, suspension, or 

termination of the regulatory 

requirements for Washington potatoes 

which have been issued on a continuing 

basis. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

The USDA reviews Committee 

recommendations, information 

submitted by the Committee, and other 

available information, and determines 

whether modification, suspension, or 

termination of the regulatory 

requirements would tend to effectuate 

the declared policy of the Act. 

At its January 26, 2010, meeting, the 

Committee was asked to evaluate the 

benefits of handling regulations and 

mandatory inspection for Washington 

potatoes. As a consequence, the 

Committee formed a subcommittee that 

met on May 11, 2010, to consider the 

implications of regulatory and 

inspection requirement suspension. 

Subsequently, at its June 1, 2010, 

meeting, the Committee unanimously 

recommended suspending the handling 

regulation for russet potatoes for the 

period beginning July 1, 2010, and 

ending on June 30, 2011, as well as 

establishing a requirement that handlers 

report their russet potato shipments 

during this period to the Committee on 

a specially developed form. 

Historically, an objective of the 

order’s handling regulations has been to 

ensure that quality Washington potatoes 

enter the fresh market, thereby ensuring 

consumer satisfaction, increased sales, 

and improved returns to producers. 

While the industry continues to support 

quality as an important factor in 

maintaining sales, the Committee 

believes the cost of inspection 

(mandated when the handling 

regulations are in effect) may exceed the 

benefits derived from the russet potato 

quality regulations. 

With russet potato prices reportedly at 

low levels in recent years, the 

Committee, as noted earlier, has been 

studying the possibility of reducing 

costs through the elimination of 

mandatory inspection. In evaluating the 

relative benefits of quality control 

versus a regulation-free market, some 

concern was expressed at the meeting 

that elimination of the quality 

requirements could result in low quality 

potatoes being shipped to the fresh 

market, thereby negatively affecting 

consumer demand. Also, there is some 

concern that overall quality of the 

product may decline, and that the 

Washington potato industry could lose 

russet potato sales to production areas 

that are covered by quality and 

inspection requirements. Furthermore, 

because russet potatoes comprise about 

76 percent of the fresh market 

Washington potato crop, the Committee 

is concerned about future availability of 

inspection services if the FSIP reduced 

staff as a result of the decrease in the 

demand for their services. With these 

concerns in mind, and having the desire 

to explore the benefits of nonregulation, the Committee 

recommended that the suspension of the 

russet potato handling regulation be 

effective for a temporary period only. 

This will enable the Committee to study 

the impacts of the suspension and 

consider appropriate actions for ensuing 

seasons. 

This rule permits handlers to ship 

russet potatoes without regard to 

minimum quality, maturity, pack, 

marking, and inspection requirements 

for the period July 1, 2010, through June 

30, 2011. Although this rule provides 

russet potato handlers the opportunity 

to decrease their total costs by 

elimination of the expenses associated 

with mandatory inspection, it does not 

restrict handlers from seeking 

inspection on a voluntary basis. The 

Committee will evaluate the temporary 

regulatory suspension at its next 

meeting. 

This action will result in the 

elimination of the monthly FSIP 

inspection report for russet potatoes. 

The Committee uses these monthly 

reports—compiled by the FSIP from 

inspection certificates—as a basis for 

assessment collection. During the 

suspension of the regulations for russet 

potatoes, the Committee will require 

handler reports specific to russet potato 

shipments in order to collect 

assessments and to compile statistics. 

Therefore, a new § 946.143 

Assessment reports is added to the 

administrative rules and regulations 

requiring each person handling russet 

type potatoes to submit a monthly 

report to the Committee containing the 

following information: (a) The name and 

address of the handler; (b) the date and 

quantity of russet potatoes shipped; (c) 

the assessment payment due; and (d) 

other information as may be requested 

by the Committee. The first report shall 

include all required information from 

the effective date of this rule through 

the end of the month in which the 

assessment report information is 

approved by the Office of Management 

and Budget. 

Authorization to assess handlers 

enables the Committee to incur 

expenses that are reasonable and 

necessary to administer the program. 

This reporting requirement will enable 

the Committee to continue collecting 

the funds needed to cover necessary 

program costs. Although adding 

reporting requirements, this rule, 

through the suspension of the handling 

regulation and thereby inspection, is 

expected to reduce overall industry 

expenses. 

Initial 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 

action on small entities. Accordingly, 

AMS has prepared this initial 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 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 45 handlers of Washington 

potatoes subject to regulation under the 

order (inclusive of the 33 russet potato 

handlers) and approximately 267 

producers in the regulated production 

area. Small agricultural service firms are 

defined by the Small Business 

Administration (13 CFR 121.201) as 

those having annual receipts of less than 

$7,000,000, and small agricultural 

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43044 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

producers are defined as those having 

annual receipts of less than $750,000. 

During the 2008–2009 marketing year, 

the Committee reports that 10,279,734 

hundredweight of Washington potatoes 

were shipped into the fresh market. 

Based on the USDA Economic Research 

Service estimate that the 2008 average 

f.o.b. price for fresh domestic potatoes 

was $8.42 per hundredweight, the 

average gross returns for each of the 45 

handlers was less than $2,000,000. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Washington potatoes for 2009 

was $7.10 per hundredweight. The 

average gross annual producer revenue 

for each of the 267 Washington potato 

producers is therefore calculated to be 

approximately $273,356. In view of the 

foregoing, the majority of Washington 

potato producers and handlers may be 

classified as small entities. 

This rule suspends the handling 

regulation and establishes reporting 

requirements for russet type potatoes for 

the period beginning July 1, 2010, and 

ending June 30, 2011. This change is 

expected to reduce overall industry 

expenses while providing the industry 

with the opportunity to explore 

alternative marketing strategies. 

The authority for regulation is 

provided in § 946.52 of the order, while 

authority for reports and records is 

provided in § 946.70. In addition, the 

handling regulation is specified under 

§ 946.336 of the order’s administrative 

rules and regulations. 

The Committee anticipates that this 

rule will not negatively impact small 

businesses. This rule will suspend 

minimum quality, maturity, pack, 

marking, and inspection requirements. 

Though inspections will not be 

mandated for russet potatoes handled 

under the order, handlers may at their 

discretion choose to have their potatoes 

inspected. Handlers are thus able to 

control costs—which are generally 

passed on to producers—based on the 

demands of their customers. The 

Committee reports that during the 2008– 

2009 season, the total cost of 

inspection—at $0.07 per hundredweight 

for the approximately 7,800,000 

hundredweight of Washington russet 

potatoes shipped—was about $546,000. 

This is approximately $12,133 per 

handler. 

The Committee discussed alternatives 

to this recommendation. Other than not 

recommending any changes to the 

regulations, the Committee considered 

temporarily suspending the handling 

regulation for all types of potatoes, not 

just russet type potatoes. However, the 

Committee believes that it is beneficial 

to the industry to maintain the handling 

regulation and inspection requirements 

for round type potatoes. The Committee 

reports that round type potatoes 

generally command premium prices. 

The Washington potato industry 

believes that the order’s round potato 

quality regulations, in conjunction with 

mandatory inspections, are valuable 

marketing tools. Therefore, the 

Committee recommended suspending 

the handling regulation for russet 

potatoes only. 

An alternative to establishing the 

reporting requirements would have been 

relieving handlers from paying 

assessments on shipments of russet 

potatoes. Approximately 76 percent of 

the fresh potato shipments in 

Washington are russet varieties (as 

opposed to round white and round red 

or long white type potatoes), thus the 

Committee determined that it would not 

be able to cover its cost of operation 

should shipments of russet potatoes not 

be assessed. 

This rule establishes a monthly 

reporting requirement for russet potato 

handlers. The report will provide the 

Committee with information necessary 

to track shipments and collect 

assessments. While this rule establishes 

new reporting requirements for russet 

potato shipments, the suspension of the 

handling regulation for russet potatoes 

also eliminates the more frequent 

reporting requirements that were 

included under the safeguard 

requirements for russet potatoes 

shipped under the order’s special 

purpose shipment exemptions 

(§ 946.336(d) and (e)). Under these 

paragraphs, handlers are required to 

provide detailed reports whenever they 

divert regulated potatoes for livestock 

feed, charity, seed, prepeeling, 

processing, grading and storing in 

specified counties in Oregon, and 

experimentation. 

Therefore, any additional reporting or 

recordkeeping requirements on either 

small or large russet potato handlers are 

expected to be offset by the elimination 

of other reporting requirements 

currently in effect. In addition, the 

suspension of the handling regulation 

and inspection requirements for russet 

potatoes is expected to further reduce 

industry expenses. 

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. 

The Committee’s meetings were 

widely publicized throughout the 

Washington potato industry and all 

interested persons were invited to 

participate in Committee deliberations. 

Like all committee meetings, the 

January 26, May 11, and June 1, 2010, 

meetings were public meetings, and all 

entities, both large and small, were able 

to express views on this issue. Further, 

interested persons are invited to submit 

comments on this interim rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

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/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

Paperwork Reduction Act 

In accordance with the Paperwork 

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

Chapter 35), the additional burden has 

been merged into the information 

collection which is currently under 

review for renewal under OMB No. 

0581–0178, Generic OMB Vegetable and 

Specialty Crops. 

Title: Irish Potatoes Grown in 

Washington—Marketing Order No. 946. 

OMB Number: 0581–0178. 

Type of Request: Revision of a 

currently approved collection. 

Abstract: The information collection 

requirements in this request are 

essential to carry out the intent of the 

Act, to provide the respondents the type 

of service they request, and to 

administer the Washington potato order, 

which has been operating since 1949. 

On June 1, 2010, the Committee 

unanimously recommended suspending 

the order’s handling regulation for 

russet variety potatoes for the period 

beginning July 1, 2010, and ending June 

30, 2011. To ensure that the Committee 

obtains handler information that is 

necessary for operation of the order, the 

Committee also unanimously 

recommended establishing a new 

reporting requirement. Information will 

be reported on a new Committee form, 

Monthly Russet Fresh Potato Report, 

which will require handlers to report, 

on a monthly basis, the total quantity of 

russet potatoes handled during the 

season. The first report shall include all 

required information from the effective 

date of this rule through the end of the 

month in which the assessment report 

information is approved by the Office of 

Management and Budget. 

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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43045 

The new report is needed by the 

Committee to compile information that 

is essential for the collection of handler 

assessments and to provide statistical 

information to the industry. The 

Committee previously used monthly 

reports from the FSIP to obtain this 

information; reports that will no longer 

be available due to the suspension of the 

russet potato handling regulation. This 

new report will help to ensure 

compliance with the order’s provisions 

and assist the Committee and the USDA 

with oversight and planning. 

The information collected will be 

used only by authorized representatives 

of USDA, including AMS, Fruit and 

Vegetable Programs regional and 

headquarters staff, and authorized 

Committee employees. Authorized 

Committee employees will be the 

primary users of the information and 

AMS the secondary user. 

The request for approval of the new 

information collection under the order 

is as follows: 

Monthly Russet Fresh Potato Report. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 5 minutes per 

response. 

Respondents: Washington russet 

potato handlers. 

Estimated Number of Respondents: 

33. 

Estimated Number of Responses per 

Respondent: 12. 

Estimated Total Annual Burden on 

Respondents: 33 hours. 

Comments: Comments are invited on: 

(1) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden of the collection of 

information, including the validity of 

the methodology and assumptions used; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments should reference OMB No. 

0581–NEW and the Washington potato 

order (Marketing Order No. 946), and be 

sent to USDA in care of the Docket Clerk 

at the previously mentioned address. 

All comments received will be available 

for public inspection during regular 

business hours at the same address. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

become a matter of public record. 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. 

This rule invites comments on a 

temporary change to the handling 

regulations and reporting requirements 

for russet potatoes under the 

Washington potato marketing order. 

Any comments received will be 

considered prior to finalization of this 

rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim 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 upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) Any changes resulting from 

this rule should be effective as soon as 

practicable because the Washington 

russet potato shipping season begins in 

July; (2) the Committee discussed and 

unanimously recommended these 

changes at a public meeting and all 

interested parties had an opportunity to 

provide input; (3) potato handlers are 

aware of this action and want to take 

advantage of relaxation of the handling 

regulations as soon as possible; and (4) 

this rule provides a 60-day comment 

period and any comments received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 946 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 946 is amended as 

follows: 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 946 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. A new § 946.143 is added to read 

as follows: 

§ 946.143 Assessment reports. 

During the period that russet type 

potatoes are exempt from handling 

requirements under § 946.336, each 

person handling russet type potatoes 

shall submit a monthly report to the 

committee by the 10th day of the month 

following the month such potatoes are 

handled: Provided, That the first report 

shall include all required information 

from July 26, 2010 through the end of 

the month in which the assessment 

report and its collection of information 

is approved by the Office of 

Management and Budget. Each 

assessment report shall contain the 

following information: 

(a) The name and address of the 

handler; 

(b) The date and quantity of russet 

type potatoes handled; 

(c) The assessment payment due; and 

(d) Other information as may be 

requested by the Committee. 

■ 3. Section 946.336 is revised to read 

as follows: 

§ 946.336 Handling regulation. 

No person shall handle any lot of 

potatoes unless such potatoes meet the 

requirements of paragraphs (a), (b), (c), 

and (g) of this section or unless such 

potatoes are handled in accordance with 

paragraphs (d) and (e), or (f) of this 

section, except that shipments of the 

blue or purple flesh varieties of potatoes 

shall be exempt from both this handling 

regulation and the assessment 

requirements specified in § 946.41: 

Provided, That from July 24, 2010, 

through June 30, 2011, russet type 

potatoes shall be exempt from the 

requirements of paragraphs (a), (b), (c), 

(d), (e), and (g) of this section. 

Dated: July 20, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–18091 Filed 7–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 983 

[Doc. No. AMS–FV–10–0031; FV10–983–1 

IR] 

Pistachios Grown in California, 

Arizona, and New Mexico; Modification 

of the Aflatoxin Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule modifies the 

aflatoxin sampling and testing 

regulations currently prescribed under 

the California, Arizona, and New 

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