55942 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

1996. This rule will not result in an 

annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 5 U.S.C. 804. 

Unfunded Mandates Reform Act 

For the purposes of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

chapter 25), this rule will not 

significantly or uniquely affect small 

governments and will not result in 

increased expenditures by State, local, 

and tribal governments, or by the 

private sector, of $100 million or more 

(as adjusted for inflation). 

List of Subjects in 5 CFR Part 6201 and 

12 CFR Part 400 

Conflict of interests, Government 

employees. 

Dated: August 25, 2010. 

Jonathan J. Cordone, 

General Counsel, Export-Import Bank of the 

United States. 

Approved: August 30, 2010. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

■ Accordingly, for the reasons set forth 

in the preamble, the Export-Import Bank 

of the United States, with the 

concurrence of the Office of 

Government Ethics, is adopting the 

interim rule, adding 5 CFR part 6201 

and revising 12 CFR part 400, which 

was published at 60 FR 17625–17628, 

April 7, 1995, as a final rule with the 

following changes: 

TITLE 5—ADMINISTRATIVE 

PERSONNEL 

PART 6201—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR EMPLOYEES OF THE EXPORTIMPORT BANK OF THE UNITED 

STATES 

■ 1. The authority citation for part 6201 

is revised to read as follows: 

Authority: 5 U.S.C. 7301; 5 U.S.C. App. 

(Ethics in Government Act of 1978); E.O. 

12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 

215, as modified by E.O. 12731, 55 FR 42547, 

3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 

2635.803. 

§ 6201.102 [Removed] 

■ 2. Section 6201.102 is removed. 

§ 6201.103 [Redesignated as § 6201.102] 

■ 3. Section 6201.103 is redesignated as 

§ 6201.102. 

[FR Doc. 2010–22410 Filed 9–14–10; 8:45 am] 

BILLING CODE 6690–01–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Doc. No. AMS–FV–10–0067; FV10–915–1 

IR] 

Avocados Grown in South Florida; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule increases the 

assessment rate established for the 

Avocado Administrative Committee 

(Committee) for the 2010–11 and 

subsequent fiscal periods from $0.27 to 

$0.37 per 55-pound bushel container of 

Florida avocados handled. The 

Committee locally administers the 

marketing order which regulates the 

handling of avocados grown in South 

Florida. Assessments upon Florida 

avocado handlers are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

fiscal period begins April 1 and ends 

March 31. The assessment rate will 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Effective September 16, 2010. 

Comments received by November 15, 

2010, will be considered prior to 

issuance of 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. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

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: 

Doris Jamieson, Marketing Specialist or 

Christian D. Nissen, Regional Manager, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or E-mail: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@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. 

915, as amended (7 CFR part 915), 

regulating the handling of avocados 

grown in South Florida, 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. Under the marketing order now 

in effect, Florida avocado handlers are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable Florida 

avocados beginning April 1, 2010, and 

continue until amended, suspended, or 

terminated. 

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. Such 

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, 

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Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 55943 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule increases the assessment 

rate established for the Committee for 

the 2010–11 and subsequent fiscal 

periods from $0.27 to $0.37 per 55- 

pound bushel container of Florida 

avocados. 

Section 915.29(c) of the Florida 

avocado marketing order provides 

authority for the Committee, with the 

approval of USDA, to formulate an 

annual budget of expenses and collect 

assessments from handlers to administer 

the program. The members of the 

Committee are producers and handlers 

of Florida avocados. They are familiar 

with the Committee’s needs and with 

the costs for goods and services in their 

local area and are thus in a position to 

formulate an appropriate budget and 

assessment rate. The assessment rate is 

formulated and discussed in a public 

meeting. Thus, all directly affected 

persons have an opportunity to 

participate and provide input. 

For the 2005–06 and subsequent fiscal 

periods, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on July 22, 2010, 

and unanimously recommended 2010– 

11 expenditures of $351,502 and an 

assessment rate of $0.37 per 55-pound 

bushel container of avocados. In 

comparison, last year’s budgeted 

expenditures were $259,400. The 

assessment rate of $0.37 is $0.10 higher 

than the rate currently in effect. 

The Committee held an emergency 

meeting to discuss an increase in the 

assessment rate in order to fund 

research to find an insecticide that will 

kill or control the Red Bay Ambrosia 

beetle. The beetle carries the Laurel Wilt 

fungus which can infect and kill 

avocado trees. Research into the beetle 

and fungus had been funded by the 

University of Florida. However, the 

Committee was informed that funding 

ceased on August 1, 2010. Without 

funding, researchers will be unable to 

continue testing to determine which 

insecticides work best to kill/control the 

beetle and at what application rate. The 

Committee believes it is essential for the 

industry that the research continues. 

Therefore, they voted to increase the 

assessment rate to provide the 

additional research money. 

The major expenditures 

recommended by the Committee for the 

2010–11 year include $110,000 for 

research, $98,732 for salaries, $48,000 

for employee benefits, and $25,300 for 

insurance and bonds. Budgeted 

expenses for these items in 2009–10 

were $25,000, $94,030, $48,000, and 

$25,300, respectively. 

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses by expected 

shipments of Florida avocados. Florida 

avocado shipments for the year are 

estimated at 1,000,000 55-pound bushel 

containers which should provide 

$370,000 in assessment income. Income 

derived from handler assessments, along 

with interest income and funds from the 

Committee’s authorized reserve, will be 

adequate to cover budgeted expenses. 

Funds in the reserve (currently 

$242,000) will be kept within the 

maximum permitted by the order 

(approximately three fiscal periods’ 

expenses as stated in § 915.42). 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate is 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2010–11 budget and those 

for subsequent fiscal periods will be 

reviewed and, as appropriate, approved 

by USDA. 

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 

rule 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 30 handlers 

of Florida avocados subject to regulation 

under the order and approximately 300 

producers of avocados in the production 

area. Small agricultural service firms, 

which include avocado handlers, are 

defined by the Small Business 

Administration (SBA) as those whose 

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

and small agricultural producers are 

defined as those having annual receipts 

less than $750,000 (13 CFR 121.201). 

According to Committee data and 

information from the National 

Agricultural Statistical Service, the 

average price for Florida avocados 

during the 2009–10 season was around 

$16.50 per 55-pound bushel container 

and total shipments were near 900,000 

55-pound bushels. Using the average 

price and shipment information 

provided by the Committee, the majority 

of avocado handlers could be 

considered small businesses under 

SBA’s definition. In addition, based on 

avocado production, producer prices, 

and the total number of Florida avocado 

producers, the average annual producer 

revenue is less than $750,000. 

Consequently, the majority of avocado 

handlers and producers may be 

classified as small entities. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2010–11 

and subsequent fiscal periods from 

$0.27 to $0.37 per 55-pound bushel 

container of Florida avocados. The 

Committee unanimously recommended 

2010–11 expenditures of $351,502 and 

an assessment rate of $0.37 per 55- 

poound bushel container. The 

assessment rate of $0.37 is $0.10 higher 

than the 2009–10 rate. The quantity of 

assessable Florida avocados for the 

2010–11 season is estimated at 

1,000,000. Thus, the $0.37 rate should 

provide $370,000 in assessment income 

and be adequate to meet this years 

expenses. Income derived from handler 

assessments, along with interest income 

and funds from the Committee’s 

authorized reserve fund, will be 

adequate to cover budgeted expenses. 

The major expenditures 

recommended by the Committee for the 

2010–11 year include $110,000 for 

research, $98,732 for salaries, $48,000 

for employee benefits, and $25,300 for 

insurance and bonds. Budgeted 

expenses for these items in 2009–10 

were $25,000, $94,030, $48,000, and 

$25,300, respectively. 

The increase in assessment rate is 

needed to fund research to find an 

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55944 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

insecticide that will kill or control the 

Red Bay Ambrosia beetle. The beetle 

carries the Laurel Wilt fungus which 

can infect and kill avocado trees. 

Research into the beetle and fungus had 

been funded by the University of 

Florida. However, the Committee was 

informed that funding ceased on August 

1, 2010. Without funding, researchers 

will be unable to continue testing to 

determine which insecticides work best 

to kill/control the beetle and at what 

application rate. The Committee 

believes it is essential for the industry 

that the research continues. Therefore, 

they voted to increase the assessment 

rate to provide the additional research 

money. 

The Committee reviewed and 

unanimously recommended 2010–11 

expenditures of $351,502 which 

included increases in research 

programs. Prior to arriving at this 

budget, alternative expenditure levels 

were discussed based upon the relative 

value of various research projects to the 

Florida avocado industry. The 

assessment rate of $0.37 per 55-pound 

bushel container of assessable Florida 

avocados was then determined by 

dividing the total recommended budget 

by the quantity of assessable avocados, 

estimated at 1,000,000 55-pound bushel 

containers for the 2010–11 season. This 

is approximately $18,400 above the 

anticipated expenses, which the 

Committee determined to be acceptable. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the grower price for the 2010–11 season 

could range between $9.00 and $66.00 

per 55-pound bushel container of 

avocados. Therefore, the estimated 

assessment revenue for the 2010–11 

season as a percentage of total grower 

revenue could range between .6 and 4 

percent. 

This action increases the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs are 

offset by the benefits derived by the 

operation of the marketing order. In 

addition, the Committee’s meeting was 

widely publicized throughout the 

Florida avocados industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the July 

22, 2010, meeting was a public meeting 

and all entities, both large and small, 

were able to express 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. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Florida avocado 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

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. 

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. 

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) The 2010–11 fiscal period 

began on April 1, 2010, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable Florida avocados 

handled during such fiscal period; (2) 

the Committee needs to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis; (3) 

handlers are aware of this action which 

was unanimously recommended by the 

Committee at an emergency, public 

meeting and is similar to other 

assessment rate actions issued in past 

years; and (4) this interim rule provides 

a 60-day comment period, and all 

comments timely received will be 

considered prior to the finalization of 

this rule. 

List of Subjects in 7 CFR Part 915 

Avocados, Reporting and 

recordkeeping requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 915 is amended as 

follows: 

PART 915—AVOCADOS GROWN IN 

SOUTH FLORIDA 

■ 1. The authority citation for 7 CFR 

part 915 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 915.235 is revised to read 

as follows: 

§ 915.235 Assessment rate. 

On and after April 1, 2010, an 

assessment rate of 

$0.37 per 55-pound container or 

equivalent is established for avocados 

grown in South Florida. 

Dated: September 10, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–22978 Filed 9–14–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 984 

[Doc. No. AMS–FV–10–0060; FV10–984–1 

IR] 

Walnuts Grown in California; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

California Walnut Board (Board) for the 

2010–11 and subsequent marketing 

years from $0.0177 to $0.0174 per 

kernelweight pound of assessable 

walnuts. The Board locally administers 

the marketing order that regulates the 

handling of walnuts grown in 

California. Assessments upon walnut 

handlers are used by the Board to fund 

reasonable and necessary expenses of 

the program. The marketing year begins 

September 1 and ends August 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: September 16, 2010; comments 

received by November 15, 2010 will be 

considered prior to issuance of a final 

rule. 

mstockstill on DSKH9S0YB1PROD with RULES