### 34345 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations

smaller bunches in consumer packages holding 2 pounds net weight or less. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change.

To view the interim rule, go to: http://www.regulations.gov/search/ Regs/home.html#documentDetail? R=0900006480acfcb7

.

This action also affirms information contained in the interim rule concerning Executive Orders 12866 and 12988, the Paperwork Reduction Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).

In accordance with section 8e of the Act, the United States Trade Representative has concurred with the
issuance of this final rule.

After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (75 FR 17031, April 5, 2010)
will tend to effectuate the declared policy of the Act.

List of Subjects

7 CFR Part 925

Grapes, Marketing agreements and orders, Reporting and recordkeeping requirements.

7 CFR Part 944

Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges.

**PARTS 925 and 944—[AMENDED]**

■ Accordingly, the interim rule that amended 7 CFR parts 925 and 944 and that was published at 75 FR 17031 on April 5, 2010, is adopted as a final rule, without change.

Dated: June 11, 2010. David R. Shipman, Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 2010–14572 Filed 6–16–10; 8:45 am]

**BILLING CODE P**

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Part 956**

**[Doc. No. AMS–FV–10–0020; FV10–956–1 FR]** 

**Sweet Onions Grown in the Walla Walla Valley of Southeast Washington**  **and Northeast Oregon; Changes to Reporting and Assessment Due Dates** 

**AGENCY :**  Agricultural Marketing Service,

USDA. **ACTION :**  Final rule.

**SUMMARY :**  This rule changes the reporting and assessment date requirements prescribed under the marketing order regulating the handling of sweet onions grown in the Walla Walla Valley of southeast Washington and northeast Oregon. The marketing order is administered locally by the Walla Walla Sweet Onion Marketing Committee (hereinafter referred to as the

‘‘ Committee ’’ ). This rule revises the
submission due date for certain handler reports and assessment payments from September 1 to September 30. This change allows handlers additional time to compile requisite information and
submit it to the Committee. It is expected that this action will improve handler compliance with the administrative requirements of the marketing order.

**DATES :**  Effective Date: July 19, 2010.

**FOR FURTHER INFORMATION CONTACT :**  Barry Broadbent, Marketing Specialist, or Gary Olson, Regional Manager, 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: Barry.Broadbent@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 final rule is issued under Marketing Agreement and Order No. 956, both as amended (7 CFR part 956), regulating the handling of sweet onions in the Walla Walla Valley of southeast Washington and northeast Oregon,
hereinafter referred to as the ‘‘ order. ’’
The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act. ’’

The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order

12866.

This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. 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 final rule revises the due date prescribed in the order’s administrative rules for certain reports and assessment payments. Specifically, the submission due date for handler shipment statements and assessment payments for Walla Walla sweet onions shipped prior to September 1 (hereinafter referred to

as ‘‘regular season ’’ ) is changed from September 1 to September 30. The due date change will allow handlers the needed time to compile information, file reports, and pay assessments. It is expected that this action will improve handler compliance with the order’s reporting and assessment requirements. The rule was unanimously recommended by the Committee at its February 2, 2010, meeting.

Section 956.80 of the order provides that, upon request of the Committee, with the approval of the Secretary, each handler shall furnish to the Committee,
in such manner and at such time as it may prescribe, such reports and other information as may be necessary for the Committee to perform its duties. In addition, § 956.42(a) provides that each person who first handles Walla Walla sweet onions shall pay assessments to the Committee upon demand.

Section 956.180(b) of the order’s administrative rules prescribes that each
handler shall furnish to the Committee

a Handler’s Statement of Walla Walla Sweet Onion Shipments. Prior to this final rule, for Walla Walla sweet onions handled prior to September 1, such report was required to be furnished to the Committee by September 1. In addition, § 956.142 of the order provided that, for Walla Walla Sweet Onions handled prior to September 1, annual assessment payments were also due September 1.

At its meeting on February 2, 2010,
the Committee recommended that the order’s reporting and assessment due date for regular season shipments be changed from September 1 to September
30 to allow handlers additional time to


### 34346 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations

fulfill their reporting and assessment requirements. At the time the order was promulgated in 1995, the Walla Walla sweet onion shipping season typically concluded at the end of July or early in August. As such, the Committee established a September 1 deadline for submitting reports and paying
assessments for Walla Walla sweet onions handled during the regular season, which gave handlers most of the month of August to accumulate information and prepare their reports and assessment payments.

Recently, however, handlers have
indicated to the Committee that
advancements in Walla Walla sweet onion production and storage techniques have extended the regular season for the shipment of such onions until the end of August. As a result, it
has become more difficult for handlers to gather the information required in time to meet the September 1 deadline for reporting shipments and paying assessments. Changing the due date for submission of the handler’s shipment statement and assessment payment for regular season shipments from September 1 to September 30 allows handlers the needed time to complete the requirements and submit them to
the Committee.

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 action 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 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 28 handlers
of Walla Walla sweet onions who are subject to regulation under the marketing order and approximately 37 Walla Walla sweet onion producers in the regulated area. Small agricultural service firms are defined by the Small Business Administration (SBA) (13 CFR 121.201) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000.

Based on information from the Committee for the 2009 shipping season, handlers shipped 621,218 50-pound equivalents of Walla Walla sweet onions. At an average price of $11.50 per 50-pound equivalent, total handler revenue was approximately $7,144,000 and average revenue per handler was approximately $255,100.
Also based on information from the Committee, producers harvested an average of 24 acres of Walla Walla sweet onions, with an average production of 699 50-pound equivalents per acre. With an average farm gate value of $8.75 per 50-pound equivalent, Walla Walla sweet onion producers averaged approximately $146,800 in gross receipts for the year. Based on this information, the majority of handlers and producers of Walla Walla sweet onions may be classified as small
entities under SBA’s standards.

This final rule revises the due date contained in §§ 956.180 and 956.142 of the order for the submission of regular season handler reports and assessment payments for Walla Walla sweet onions handled from June 1 through August 31. The deadline for submitting reports and assessment payments for such regular season onion shipments is revised from September 1 to September 30. This change does not affect the reporting and assessment payment due dates for late
season Walla Walla sweet onions shipped during the September 1 through May 31 period, which continues to be 30 days after the end of the month in
which the onions were handled. The due date change allows handlers the needed time to compile information, file reports and pay assessments. Authority for this action is provided in §§ 956.42(f) and 956.80.

At its February 2, 2010, meeting, the
Committee discussed whether the due date for certain reports and assessment payments needed to be changed to allow more time for handlers to comply with the order’s requirements. Handlers stated at the meeting that advancements in both the production and storage of
Walla Walla sweet onions had extended the marketability of their product well into August, whereas, traditionally, their primary marketing season ended around the end of July. As such, the handlers explained that there is now
less time between the end of their shipping period and the reporting deadline to compile information, complete reports and pay their
assessments. The Committee staff indicated that compliance with the order’s reporting and assessment requirements would likely improve if handlers were given additional time to
fulfill them.

At the meeting, the Committee discussed alternatives to this change, including extending the due dates even further; requiring submission of reports and assessments monthly instead of at the end of the regular season; changing the due dates, but adding a late penalty; and not making any changes. However, the Committee believed that changing the due date for reports and assessment payments on regular season onion shipments from September 1 to September 30 adequately addressed the
concerns of the handlers while maintaining sufficient consequences for noncompliance and reasonable
timelines for the administration of the
order.

This final rule is not expected to have any economic impact on handlers or producers of any size. The benefits of this rule are not expected to be disproportionately greater or less for small handlers or producers than for larger entities.

Information collected under this order is currently approved under OMB No. 0581–0178. This action will not impose any additional reporting or recordkeeping requirements on either small or large Walla Walla sweet onion handlers. As stated above, information collected will not change with this rule; only the date on which the collection is required to be submitted will be revised. 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 final 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.

In addition, the Committee’s meeting was widely publicized throughout the Walla Walla sweet onion industry and all interested persons were invited to attend the meeting and participate in
Committee deliberations on all issues. Like all Committee meetings, the February 2, 2010, meeting was a public meeting and all entities, both large and small, were able to express views on
this issue.

A proposed rule concerning this action was published in the Federal Register on April 12, 2010 (75 FR 18428). Copies of the rule were mailed
or sent via facsimile to all Committee
members and Walla Walla sweet onion handlers. Finally, the rule was made


### 34347 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations

available through the Internet by USDA and the Office of the Federal Register. A 30-day comment period ending May 12, 2010, was provided to allow interested persons to respond to the proposal. No comments were received during the comment period in response to the proposal. Accordingly, no changes will be made to the rule as proposed.

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/ AMSv1.0/ams.fetchTemplateData.do? template=TemplateN& page=MarketingOrdersSmall
BusinessGuide. Any questions about the compliance guide should be sent to Antoinette Carter 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 Committee and other available information, it is hereby found that this rule, as hereinafter set forth,
will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 956

Marketing agreements, Onions, Reporting and recordkeeping requirements.

■ For the reasons set forth in the preamble, 7 CFR part 956 is amended as
follows:

**PART 956—SWEET ONIONS GROWN**
**IN THE WALLA WALLA VALLEY OF**
**SOUTHEAST WASHINGTON AND**
**NORTHEAST OREGON**

■ 1. The authority citation for 7 CFR part 956 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Revise § 956.142 to read as follows:

**§ 956.142 Interest charges.**

For Walla Walla Sweet Onions handled prior to September 1, the Committee shall impose an interest charge on any handler who fails to pay
his or her annual assessments within thirty (30) days of the due date of September 30. For Walla Walla Sweet Onions handled during the period September 1 through May 31, the Committee shall impose an interest charge on any handler who fails to pay his or her assessments within thirty (30) days of the last day of the month in which such shipments are made. The interest charge shall be 1 1 ⁄ 2 percent of the unpaid assessment balance. In the event the handler fails to pay the delinquent assessment amount within 60 days following the due date, the 1 1 ⁄ 2 percent interest charge shall be applied monthly thereafter to the unpaid balance, including any accumulated interest. Any amount paid by a handler as an assessment, including any charges imposed pursuant to this paragraph, shall be credited when the payment is
received in the Committee office.

■ 3. Revise § 956.180(b) introductory
text to read as follows:

**§ 956.180 Reports.**

* * * * *

(b) Each handler shall furnish to the

Committee a Handler’s Statement of Walla Walla Sweet Onion Shipments containing the information in paragraphs (a)(1), (a)(2), and (a)(3) of this section, except that gift box and roadside stand sales shall be exempt from paragraph (a)(2) of this section: Provided, That for Walla Walla Sweet Onions handled prior to September 1, such report shall be furnished to the Committee by September 30, and that
for Walla Walla Sweet Onions handled during the period September 1 through May 31, such report shall be furnished to the Committee no later than thirty (30) days after the end of the month in
which such onions were handled:

* * * * *

Dated: June 11, 2010.
Rayne Pegg, Administrator, Agricultural Marketing

Service.

[FR Doc. 2010–14569 Filed 6–16–10; 8:45 am]

**BILLING CODE P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2009–0803; Directorate Identifier 2009–NE–34–AD; Amendment 39–**  **16330; AD 2010–12–09]**

**RIN 2120–AA64**

**Airworthiness Directives; Honeywell International Inc. Auxiliary Power Unit**  **Models GTCP36–150(R) and GTCP36– 150(RR)** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  The FAA is adopting a new airworthiness directive (AD) for Honeywell International Inc. auxiliary power unit (APU) models GTCP36– 150(R) and GTCP36–150(RR). This AD requires inspecting the fuel control unit (FCU) differential pressure (Delta P) sleeve bore for erosion, replacing the FCU if it fails the inspection, and installing a fuel deflector on the Delta P
sleeve of the FCU. This AD results from eight reports of fuel leakage from the FCU. We are issuing this AD to prevent fuel leakage in the APU compartment, which could lead to ignition of fuel vapor, creating a fire and explosion hazard resulting in injury, and damage to the APU and the airplane.

**DATES :**  This AD becomes effective July 22, 2010. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of July 22, 2010.

**ADDRESSES :**  You can get the service
information identified in this AD from Honeywell International Inc., 111 S. 34th Street, Phoenix, Arizona 85034–

2802; Web site: http:// portal.honeywell.com/wps/portal/aero; telephone No. (800) 601–3099; international telephone No. (601) 365–

3099.

The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001.

**FOR FURTHER INFORMATION CONTACT :**  Roger Pesuit, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA

90712–4137; e-mail: roger.pesuit@faa.gov; telephone (562) 627–5251, fax (562) 627–5210.

**SUPPLEMENTARY INFORMATION :**  The FAA proposed to amend 14 CFR part 39 with a proposed AD. The proposed AD applies to Honeywell International Inc. APU models GTCP36–150(R) and GTCP36–150(RR). We published the proposed AD in the Federal Register on December 23, 2009 (74 FR 68196). That action proposed to require inspecting the Delta P sleeve bore for erosion, replacing the FCU if it fails the inspection, and installing a fuel
deflector on the Delta P sleeve of the

FCU.

Examining the AD Docket

You may examine the AD docket on
the Internet at http:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office (telephone (800) 647–5527) is provided in the

**ADDRESSES** section. Comments will be available in the AD docket shortly after receipt.