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

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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 34347 

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 11⁄2 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 11⁄2

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. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1