21624 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 

remain unchanged at $0.366 and $0.00, 

respectively. The Committee 

recommended the assessment rate 

decrease because the fresh winter pear 

promotion budget for the 2011–2012 

fiscal period was reduced. 

The quantity of assessable fresh 

winter pears for the 2011–2012 fiscal 

period is estimated at 15,500,000 

standard boxes or equivalent. Thus, the 

$0.471 rate should provide $7,300,500 

in assessment income. In addition, 

income derived from summer/fall fresh 

pear handler assessments, interest, and 

miscellaneous income will be adequate 

to cover the budgeted expenses. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In accordance with the Paperwork 

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

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are anticipated. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large OregonWashington fresh pear 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. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Oregon-Washington pear industry and 

all interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 3, 

2011, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Comments on the interim rule were 

required to be received on or before 

October 31, 2011. No comments were 

received. Therefore, for 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/ 

#!documentDetail;D=AMS-FV-11-0060- 

0001. 

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). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (76 FR 54075, August 31, 2011) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ Accordingly, the interim rule 

amending 7 CFR part 927, which was 

published at 76 FR 54075 on August 31, 

2011, is adopted as a final rule, without 

change. 

Dated: April 5, 2012. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–8676 Filed 4–10–12; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–11–0070 FV11–927–3 

FIR] 

Pears Grown in Oregon and 

Washington; Assessment Rate 

Decrease for Processed Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as a 

final rule. 

SUMMARY: The Department of 

Agriculture is adopting, as a final rule, 

without change, an interim rule that 

decreased the assessment rate 

established for the Processed Pear 

Committee (Committee) for the 2011– 

2012 and subsequent fiscal periods from 

$8.41 to $7.73 per ton of summer/fall 

processed pears handled. The 

Committee locally administers the 

marketing order which regulates the 

handling of processed pears grown in 

Oregon and Washington. The 

Committee recommended the 

assessment rate decrease because the 

summer/fall processed pear promotion 

budget for the 2011–2012 fiscal period 

was reduced. 

DATES: Effective April 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide; 

or by contacting Laurel May, Marketing 

Order and Agreement Division, 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 Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

927, as amended (7 CFR part 927), 

regulating the handling of pears grown 

in Oregon and 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. 

Under the order, Oregon-Washington 

processed pear handlers are subject to 

assessments, which provide funds to 

administer the order. Assessment rates 

issued under the order are intended to 

be applicable to all assessable processed 

pears for the entire fiscal period, and 

continue indefinitely until amended, 

suspended, or terminated. The 

Committee’s fiscal period begins on July 

1, and ends on June 30. 

In an interim rule published in the 

Federal Register on August 30, 2011, 

and effective on August 31, 2011, (76 FR 

53811, Doc. No. AMS–FV–11–0070, 

FV11–927–3 IR), § 927.237 was 

amended by decreasing the assessment 

rate established for the Committee for 

the 2011–2012 and subsequent fiscal 

periods from $8.41 to $7.73 per ton for 

summer/fall processed pears handled. 

The Committee recommended the 

assessment rate decrease because the 

summer/fall processed pear promotion 

budget for the 2011–2012 fiscal period 

was reduced. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 21625 

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 

rule 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 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 1,500 

producers of processed pears in the 

regulated production area and 

approximately 51 handlers of processed 

pears subject to regulation under the 

order. Small agricultural producers are 

defined by the Small Business 

Administration (SBA)(13 CFR 121.201) 

as those having annual receipts of less 

than $750,000, and small agricultural 

service firms are defined as those whose 

annual receipts are less than $7,000,000. 

According to the Noncitrus Fruits and 

Nuts 2010 Preliminary Summary issued 

in January 2011 by the National 

Agricultural Statistics Service, the total 

farm-gate value of summer/fall 

processed pears grown in Oregon and 

Washington for 2010 was $76,427,000. 

Based on the number of processed pear 

producers in the Oregon and 

Washington, the average gross revenue 

for each producer can be estimated at 

approximately $50,951. Furthermore, 

based on Committee records, the 

Committee has estimated that each of 

the Northwest pear handlers currently 

ship less than $7,000,000 worth of 

processed pears on an annual basis. 

From this information, it is concluded 

that the majority of producers and 

handlers of Oregon and Washington 

processed pears may be classified as 

small entities. 

In addition, there are five processing 

plants in the production area, with one 

in Oregon and four in Washington. All 

five processors would be considered 

large entities under the SBA’s definition 

of small businesses. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2011– 

2012 and subsequent fiscal periods from 

$8.41 to $7.73 per ton for summer/fall 

processed pears handled. The 

Committee unanimously recommended 

2011–2012 expenditures of $926,933 

and an assessment rate of $7.73 per ton 

for summer/fall processed pears. The 

assessment rate of $7.73 is $0.78 lower 

than the previous rate. The Committee 

recommended the assessment rate 

decrease because the summer/fall 

processed pear promotion budget was 

reduced. 

The quantity of assessable processed 

pears for the 2011–2012 fiscal period is 

estimated at 120,000 tons. Thus, the 

$7.73 rate should provide $927,600 in 

assessment income. Income derived 

from summer/fall processed pear 

handler assessments, interest and other 

income will be adequate to cover the 

budgeted expenses. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In accordance with the Paperwork 

Reduction Act of 1991 (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are anticipated. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large OregonWashington processed pear 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. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Oregon-Washington pear industry and 

all interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the June 2, 

2011, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Comments on the interim rule were 

required to be received on or before 

October 31, 2011. No comments were 

received. 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/ 

#!documentDetail;D=AMS-FV-11-0070- 

0001. 

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). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (76 FR 53811, August 30, 2011) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ Accordingly, the interim rule 

amending 7 CFR part 927 which was 

published at 76 FR 53811 on August 30, 

2011, is adopted as a final rule, without 

change. 

Dated: April 5, 2012. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–8638 Filed 4–10–12; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 8 

RIN 3150–AJ02 

[NRC–2011–0180] 

Interpretations; Removal of Part 8 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is amending its regulations to remove its 

published General Counsel 

interpretations of various regulatory 

provisions. These interpretations are 

largely obsolete, having been 

superseded by subsequent statutory and 

regulatory changes, and this part of the 

Commission’s regulations is no longer 

necessary. 

DATES: Effective April 11, 2012. 

ADDRESSES: Please refer to Docket ID 

NRC–2011–0180 when contacting the 

NRC about the availability of 

information for this final rule. You may 


wreier-aviles on DSK5TPTVN1PROD with RULES