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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43046 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

Mexico pistachio marketing order 

(order). The order regulates the handling 

of pistachios grown in California, 

Arizona, and New Mexico and is 

administered locally by the 

Administrative Committee for 

Pistachios (Committee). This rule 

streamlines the aflatoxin sampling and 

testing procedures under the order’s 

rules and regulations for pistachios to be 

shipped for domestic human 

consumption while maintaining 

sufficient aflatoxin controls. It is 

expected to reduce handler operating 

costs by providing a uniform and 

consistent aflatoxin sampling and 

testing procedure for pistachios shipped 

to all market destinations. 

DATES: Effective July 24, 2010; 

comments received by September 21, 

2010 will be considered prior to 

confirmation as a final rule. 

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: 

Maria Stobbe, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or E-mail: 

Maria.Stobbe@ams.usda.gov or 

Kurt.Kimmel@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 Agreement 

and Order No. 983, as amended (7 CFR 

part 983), regulating the handling of 

pistachios grown in California, Arizona, 

and New Mexico, 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 modifies the aflatoxin 

sampling and testing regulations 

currently prescribed under the order. It 

streamlines the aflatoxin sampling and 

testing procedures under the order’s 

rules and regulations for pistachios to be 

shipped for domestic human 

consumption, while maintaining 

sufficient aflatoxin controls. It is 

expected to reduce handler operating 

costs by providing a uniform and 

consistent aflatoxin sampling and 

testing procedure for pistachios shipped 

to all market destinations. The 

Committee unanimously approved the 

recommended modifications at its 

meeting on April 6, 2010. 

Section 983.50 of the pistachio 

marketing order provides authority for 

aflatoxin regulations that require 

pistachios to be sampled and tested for 

aflatoxin prior to being shipped for 

domestic human consumption. 

Section 983.150 of the order’s rules 

and regulations contains specific 

aflatoxin sampling and testing 

requirements and currently specifies 

that three test samples be drawn and 

prepared for all lots of inshell and 

shelled pistachios, regardless of lot size. 

The samples are then sent to USDA 

approved laboratories for analysis of 

aflatoxin content. Depending upon the 

analytical results of the first sample, up 

to two additional tests and averaging the 

results of all tests may be required to 

determine whether any lot may be 

certified as ‘‘negative’’ for aflatoxin. 

Handlers have the option to rework the 

lot prior to subsequent testing in order 

to meet the aflatoxin requirements. 

When the order was promulgated in 

2004, the aflatoxin sampling and testing 

regulations provided sufficient sampling 

and testing procedures for determining 

aflatoxin controls for pistachios shipped 

for domestic human consumption. 

These aflatoxin sampling and testing 

procedures allowed handlers to use 

similar operating procedures for both 

domestic and export shipments. 

In March 2010, the European 

Commission (EC), the regulatory body of 

the European Union (EU), adopted a 

revised Codex Alimentarius 

Commission’s (Codex) sampling plan as 

its regulation for the importation of tree 

nuts. Over the past few years, the 

percentage of U.S. pistachio crop being 

exported has increased significantly. 

Currently, more than 60 percent of the 

annual crop is exported, with slightly 

more than half of exports being shipped 

to the EU and requiring special testing 

and handling procedures. As a result, 

handlers face inconsistent operating 

procedures and increased operating 

costs as it has become necessary to use 

two different sampling and testing 

procedures: One for pistachios shipped 

for domestic human consumption and 

another for pistachios shipped to the 

EU. 

In an effort to streamline operating 

procedures, while maintaining 

sufficient aflatoxin level controls, the 

Committee, at its April 6, 2010, meeting 

recommended decreasing the total 

weight of lot samples and increasing the 

weight of the test samples as specified 

in Table 1 for inshell pistachios and 

Table 2 for shelled pistachios under the 

order’s administrative rules and 

regulations: 

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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43047 

TABLE 1—INSHELL PISTACHIO LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less ........................................................................................................... 10 2.0 2.0 

221–440 ............................................................................................................... 15 3.0 3.0 

441–1,100 ............................................................................................................ 20 4.0 4.0

1,101–2,200 ......................................................................................................... 30 6.0 6.0 

2,201–4,400 ......................................................................................................... 40 8.0 8.0 

4,401–11,000 ....................................................................................................... 60 12.0 6.0 

11,001–22,000 ..................................................................................................... 80 16.0 8.0 

22,001–150,000 ................................................................................................... 100 20.0 10.0 

TABLE 2—SHELLED PISTACHIO KERNEL LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less ........................................................................................................... 10 1.0 1.0 

221–440 ............................................................................................................... 15 1.5 1.5 

441–1,100 ............................................................................................................ 20 2.0 2.0

1,101–2,200 ......................................................................................................... 30 3.0 3.0 

2,201–4,400 ......................................................................................................... 40 4.0 4.0 

4,401–11,000 ....................................................................................................... 60 6.0 3.0 

11,001–22,000 ..................................................................................................... 80 8.0 4.0 

22,001–150,000 ................................................................................................... 100 10.0 5.0 

The Committee also recommended 

changing § 983.150 to specify that for 

pistachio lots of up to 4,400 pounds, 

one test sample will be created from a 

minimum number of incremental 

samples and analyzed. For lots 

exceeding 4,400 pounds, two test 

samples will be created from a 

minimum number of incremental 

samples and analyzed. If the aflatoxin 

level in the first sample is 10 parts per 

billion (ppb) or less, the lot may be 

certified ‘‘negative’’ for aflatoxin and 

may be shipped. If the aflatoxin level is 

20 ppb or less, the handler may either 

rework the lot and draw new samples 

for analysis, or direct that the second 

sample be analyzed. If the averaged 

results of the two analyses are 15 ppb 

or less, the lot may be certified 

‘‘negative’’ for aflatoxin and may be 

shipped. Any lots exceeding the 

specified aflatoxin levels fail, and must 

be reported to the Committee. Failing 

lots may be reworked or destroyed or 

disposed of as described in § 983.152. 

Further, the Committee recommended 

removing unnecessary language from 

§ 983.150(a). In addition, the Committee 

also recommended changing the term 

Chromatograph in § 983.150(d)(3) to 

correctly read as Chromatography. 

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 the 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 29 handlers 

and 875 producers of pistachios in 

California, Arizona and New Mexico. 

Small business firms, which include 

handlers regulated under the order, 

have been defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000. Small 

agricultural producers have been 

defined as those with annual receipts of 

less than $750,000. 

Currently, about 72 percent of the 

California handlers ship less than 

$7,000,000 worth of pistachios on an 

annual basis and would therefore be 

considered small business firms under 

the SBA definition. Based on acreage, 

production, and grower prices reported 

by the Committee, the average annual 

revenue for small handlers is 

approximately $1,721,911. The industry 

has estimated that one of the Arizona 

handlers and all three New Mexico 

handlers would also be considered 

small businesses. 

Data provided by the Committee 

regarding the size of the 2009 California 

crop indicates that approximately 630 

California growers had 350,000 pounds 

or less of assessable dry weight of 

pistachios. Using the most recent grower 

price of $2.04 per pound for pistachios, 

it is estimated that 81 percent of 

California producers had receipts of 

approximately $714,000, which is less 

than $750,000, and thus would be 

considered small business according to 

the SBA definition. Although there is no 

official data available to date, as these 

states were recently added to the order 

and have not completed one full crop 

year for reporting purposes, the industry 

estimates that the majority of producers 

in Arizona and New Mexico would also 

be considered small businesses. 

This rule modifies the aflatoxin 

sampling and testing regulations 

currently prescribed under the 

California, Arizona and New Mexico 

pistachio order. It streamlines the 

aflatoxin sampling and testing 

procedures under the order’s rules and 

regulations for pistachios to be shipped 

for domestic human consumption while 

maintaining sufficient aflatoxin 

controls. It is expected to reduce 

handler operating costs by providing a 

uniform and consistent aflatoxin 

sampling and testing procedure for 

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43048 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

pistachios shipped to all market 

destinations. 

The impact of this regulatory 

modification was discussed by the 

Committee at its April 6, 2010, meeting. 

It is anticipated that all producers and 

handlers will benefit from this action 

regardless of size and regardless of the 

market they ship into, as it streamlines 

handler operations and increases 

marketing flexibility. Reducing the 

number of required samples, the 

number of aflatoxin analyses, and the 

total weight of the lot samples, while 

increasing the weight of the test samples 

for each lot is expected to result in an 

estimated annual savings to the industry 

of approximately $18,000, including 

reductions of $900 for sampling, $1,400 

for testing, $12,750 for labor, and $3,750 

in shipping costs for those small 

handlers that do not do testing on site. 

The Committee discussed alternatives 

to this action at their April 6, 2010, 

meeting, including continuing to 

operate under the current aflatoxin 

regulations. However, the Committee 

unanimously agreed that operating with 

the current multiple sampling and 

testing procedures based upon shipping 

destination would continue to be 

confusing to the industry and would 

continue to generate higher handler 

operating costs. The recommended 

modification is expected to eliminate 

any confusion with regard to operating 

procedures, streamline handling 

operations, and lower handler operating 

costs. 

This action will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

pistachio handlers. 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. 

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, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

pistachio industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the April 6, 2010, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express their views on this issue. 

Finally, 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/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Antoinette Carter at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

This rule invites comments on 

modifications to the aflatoxin 

regulations currently prescribed under 

the pistachio 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) These changes are 

necessary to provide consistency in 

handler operating procedures and to 

reduce handler operating costs; (2) 

handlers are aware of these changes, 

which were unanimously recommended 

by the Committee at a public meeting 

where interested parties had an 

opportunity to provide input; and (3) 

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 983 

Marketing agreements and orders, 

Pistachios, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 983 is amended as 

follows: 

PART 983—PISTACHIOS GROWN IN 

CALIFORNIA, ARIZONA, AND NEW 

MEXICO 

■ 1. The authority citation for 7 CFR 

part 983 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Amend § 983.150 by revising 

paragraphs (a), (d)(2), (d)(3), (d)(4), and 

(d)(6) to read as follows: 

§ 983.150 Aflatoxin regulations. 

(a) Maximum level. No handler shall 

ship for domestic human consumption, 

pistachios that exceed an aflatoxin level 

of 15 ppb. All shipments must also be 

covered by an aflatoxin inspection 

certificate. Pistachios that fail to meet 

the aflatoxin requirements shall be 

disposed in such manner as described 

in Failed lots/rework procedure of this 

part. 

* * * * * 

(d) * * * 

(1) * * * 

(2) Test samples for aflatoxin. Prior to 

submission of samples to an accredited 

laboratory for aflatoxin analysis, one 

sample (‘‘test sample’’) shall be created 

from the pistachios designated for 

aflatoxin testing in compliance with 

Tables 1 and 2 of this paragraph for 

inshell and kernel pistachio lots that 

weigh up to and including 4,400 

pounds. For lot sizes larger than 4,400 

pounds, two samples (‘‘test samples’’) 

shall be created equally from the 

pistachios designated for aflatoxin 

testing in compliance with the 

requirements to Tables 1 and 2 of this 

paragraph. The test samples shall be 

prepared by, or under the supervision of 

an inspector, or as approved under an 

alternative USDA-recognized inspection 

program. The test samples shall be 

designated by an inspector as Test 

Sample #1 and Test Sample #2. Each 

sample shall be placed in a suitable 

container, with the lot number clearly 

identified, and then submitted to an 

accredited laboratory. The gross weight 

of the inshell lot sample for aflatoxin 

testing and the minimum number of 

incremental samples required are shown 

in Table 1 of this paragraph. The gross 

weight of the kernel lot sample for 

aflatoxin testing and the minimum 

number of incremental samples required 

is shown in the Table 2 of this 

paragraph. 

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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43049 

TABLE 1 TO § 983.150(d)(2)—INSHELL PISTACHIO LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less ........................................................................................................... 10 2.0 2.0 

221–440 ............................................................................................................... 15 3.0 3.0 

441–1,100 ............................................................................................................ 20 4.0 4.0

1,101–2,200 ......................................................................................................... 30 6.0 6.0 

2,201–4,400 ......................................................................................................... 40 8.0 8.0 

4,401–11,000 ....................................................................................................... 60 12.0 6.0 

11,001–22,000 ..................................................................................................... 80 16.0 8.0 

22,001–150,000 ................................................................................................... 100 20.0 10.0 

TABLE 2 TO § 983.150(d)(2)—SHELLED PISTACHIO KERNEL LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION

Lot weight 

(lbs.) 

Minimum number 

of incremental 

samples for the 

lot sample 

Total weight of 

lot sample 

(kilograms) 

Weight of test 

sample 

(kilograms) 

220 or less ........................................................................................................... 10 1.0 1.0 

221–440 ............................................................................................................... 15 1.5 1.5 

441–1,100 ............................................................................................................ 20 2.0 2.0

1,101–2,200 ......................................................................................................... 30 3.0 3.0 

2,201–4,400 ......................................................................................................... 40 4.0 4.0 

4,401–11,000 ....................................................................................................... 60 6.0 3.0 

11,001–22,000 ..................................................................................................... 80 8.0 4.0 

22,001–150,000 ................................................................................................... 100 10.0 5.0 

(3) Testing of pistachios. Test samples 

shall be received and logged by an 

accredited laboratory and each test 

sample shall be prepared and analyzed 

using High Pressure Liquid 

Chromatography (HPLC), Vicam Method 

(Aflatest), or other methods as 

recommended by not fewer than eight 

members of the committee and 

approved by the Secretary. The aflatoxin 

level shall be calculated on a kernel 

weight basis. 

(4) Certification of lots ‘‘negative’’ as to 

aflatoxin. (i) Lots which require a single 

test sample will be certified as 

‘‘negative’’ on the aflatoxin certificate if 

the sample has an aflatoxin level at or 

below 15 ppb. If the aflatoxin level is 

above 15 ppb, the lot fails and the 

accredited laboratory shall fill out a 

failed lot notification report as specified 

in §§ 983.52 and 983.152. 

(ii) Lots which require two test 

samples will be certified as ‘‘negative’’ 

on the aflatoxin inspection certificate if 

Test Sample #1 has an aflatoxin level at 

or below 10 ppb. If the aflatoxin level 

of Test Sample #1 is above 20 ppb, the 

lot fails and the accredited laboratory 

shall fill out a failed lot notification 

report as specified in §§ 983.52 and 

983.152. If the aflatoxin level of Test 

Sample #1 is above 10 ppb and at or 

below 20 ppb, the accredited laboratory 

may at the handler’s discretion analyze 

Test Sample #2 and the test results of 

Test Samples #1 and #2 will be 

averaged. Alternately, the handler may 

elect to withdraw the lot from testing, 

rework the lot, and resubmit it for 

testing after reworking. If the handler 

directs the laboratory to proceed with 

the analysis of Test Sample #2, a lot will 

be certified as negative to aflatoxin and 

the laboratory shall issue an aflatoxin 

inspection certificate if the averaged 

results of Test Sample #1 and Test 

Sample #2 is at or below 15 ppb. If the 

averaged aflatoxin level of Test Samples 

#1 and #2 is above 15 ppb, the lot fails 

and the accredited laboratory shall fill 

out a failed lot notification report as 

specified in §§ 983.52 and 983.152. 

(iii) The accredited laboratory shall 

send a copy of the failed lot notification 

report to the Committee and to the 

failed lot’s owner within 10 working 

days of any failure described in this 

section. If the lot is certified as negative 

as described in this section, the 

aflatoxin inspection certificate shall 

certify the lot using a certification form 

identifying each lot by weight, grade, 

and date. The certification expires for 

the lot or remainder of the lot after 12 

months. 

* * * * * 

(6) Test samples that are not used for 

analysis. If a handler does not elect to 

use Test Sample #2 for certification 

purposes, the handler may request that 

the laboratory return it to the handler. 

Dated: July 20, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–18089 Filed 7–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0733; Directorate 

Identifier 2010–CE–038–AD; Amendment 

39–16375; AD 2010–15–09] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above that will 

supersede an existing AD. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued by the aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

WReier-Aviles on DSKGBLS3C1PROD with RULES