This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

37740 

Vol. 75, No. 125 

Wednesday, June 30, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Doc. No. AMS–FV–10–0050; FV10–922–1 

PR] 

Apricots Grown in Designated 

Counties in Washington; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule would increase the 

assessment rate established for the 

Washington Apricot Marketing 

Committee (Committee) for the 2010–11 

and subsequent fiscal periods from 

$1.00 to $1.50 per ton for Washington 

apricots. The Committee is responsible 

for local administration of the marketing 

order regulating the handling of apricots 

grown in designated counties in 

Washington. Assessments upon 

handlers of apricots are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

fiscal period for the marketing order 

begins April 1 and ends March 31. The 

assessment rate would remain in effect 

indefinitely unless modified, suspended 

or terminated. 

DATES: Comments must be received by 

July 15, 2010. 

ADDRESSES: Interested persons are 

invited to submit written comments 

regarding 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 docket 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: 

Robert Curry or Gary Olson, Northwest 

Marketing Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1220 

SW. Third Avenue, suite 385, Portland, 

OR 97204; Telephone: (503) 326–2724; 

Fax: (503) 326–7440; or E-mail: 

Robert.Curry@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) 690– 

3919; Fax: (202) 720–8938; or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

922 (7 CFR part 922), as amended, 

regulating the handling of apricots 

grown in designated counties in 

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. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, apricot handlers in designated 

counties in Washington are subject to 

assessments. Funds to administer the 

order are derived from such 

assessments. It is intended that the 

assessment rate as proposed herein 

would be applicable to all assessable 

Washington apricots 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, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule would increase the 

assessment rate established for the 

Committee for the 2010–11 and 

subsequent fiscal periods from $1.00 to 

$1.50 per ton for Washington apricots 

handled under the order. 

The 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 apricots in 

designated counties in Washington. 

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 at a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2009–10 and subsequent fiscal 

periods, the Committee recommended, 

and the USDA approved, an assessment 

rate of $1.00 per ton of apricots handled. 

This rate continues 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 May 19, 2010, 

and unanimously recommended 2010– 

11 expenditures of $8,145. In 

comparison, last year’s budgeted 

expenditures were $7,843. In addition, 

the Committee recommended that the 

$1.00 per ton assessment rate be 

increased by $0.50 to $1.50 per ton of 

apricots handled. Committee members 

reported that apricot production this 

season may be lower than that of last 

season since portions of the Washington 

apricot production area experienced 


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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules 37741 

freezing weather in October 2009, and 

high winds in April of this year. As a 

result, the Committee has estimated that 

shipments of fresh apricots will 

approximate 5,550 tons this season— 

somewhat less than the 6,860 tons of 

fresh apricots reported last season. The 

Committee thus recommended that the 

assessment rate be increased by $0.50 to 

help ensure that budgeted expenses are 

adequately covered. 

The major expenditures 

recommended by the Committee for the 

2010–11 fiscal period include $4,800 for 

the management fee, $1,300 for 

Committee travel, $100 for compliance, 

$750 for the annual audit review, and 

$1,195 for equipment maintenance, 

insurance, bonds, and miscellaneous 

expenses. In comparison, major 

expenditures for the 2009–10 fiscal 

period included $4,800 for the 

management service fee, $1,000 for 

travel, $100 for compliance, and $1,943 

for audits, insurance and bonds, 

equipment maintenance and 

miscellaneous expenses. 

The assessment rate recommended by 

the Committee was derived by dividing 

the anticipated expenses of $8,145 by 

the projected 2010 apricot production of 

5,550 tons. Applying the $1.50 per ton 

recommended assessment rate to this 

crop estimate should provide $8,325 in 

assessment income. Funds in the 

Committee’s monetary reserve are 

projected to be $7,854 on March 31, 

2011. This is within the order’s limit of 

approximately one fiscal period’s 

operational expenses. 

The proposed assessment rate would 

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 would 

be effective for an indefinite period, the 

Committee would 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 the Committee’s 

meetings are available from the 

Committee or USDA. The Committee’s 

meetings are open to the public and 

interested persons may express their 

views at these meetings. USDA would 

evaluate the Committee’s 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking would be 

undertaken as necessary. The 

Committee’s 2010–11 budget and those 

for subsequent fiscal periods would be 

reviewed and, as appropriate, approved 

by USDA. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), 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 94 apricot 

producers within the regulated 

production area and approximately 22 

regulated handlers. Small agricultural 

producers are defined by the Small 

Business Administration (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. 

The Washington Agricultural 

Statistics Service reported that the total 

8,500 ton Washington apricot utilization 

(including both fresh and processed 

markets) in 2009 sold for an average of 

$888 per ton. The total 2009 farm-gate 

value was approximately $7,551,000. 

Based on the number of producers in 

the production area (94), the average 

annual producer revenue from the sale 

of apricots in 2009 can thus be 

estimated at approximately $80,330. In 

addition, based on information from the 

Committee and USDA’s Market News 

Service, 2009 f.o.b. prices for WA No. 1 

apricots ranged from $14.00 to $24.00 

per 24-pound loose-pack container, and 

from $12.00 to $22.00 for 2-layer tray 

pack containers. The average 2009 price 

across all sizes and packs was $17.50, 

with an estimated industry gross intake 

of approximately $10,913,636 in f.o.b. 

receipts for the 2009 crop—leaving 

average receipts for each of the 22 

handlers well below the SBA’s 

$7,000,000 threshold for small 

businesses. Therefore, the majority of 

producers and handlers of Washington 

apricots may be classified as small 

entities. 

This rule would increase the 

assessment rate established for the 

Committee and collected from handlers 

for the 2010–11 and subsequent fiscal 

periods from $1.00 to $1.50 per ton for 

apricots handled under the order’s 

authority. The Committee also 

unanimously recommended 2010–11 

expenditures of $8,145. With a 2010–11 

Washington apricot crop estimate of 

5,550 fresh market tons, the Committee 

anticipates assessment income of about 

$8,325. The Committee recommended 

the assessment rate increase to help 

ensure that budgeted expenses are 

adequately covered. 

The major expenditures 

recommended by the Committee for the 

2010–11 fiscal period include $4,800 for 

the management fee, $1,300 for 

Committee travel, $100 for compliance, 

$750 for the annual audit review, and 

$1,195 for equipment maintenance, 

insurance, bonds, and miscellaneous 

expenses. In comparison, major 

expenditures for the 2009–10 fiscal 

period included $4,800 for the 

management service fee, $1,000 for 

travel, $100 for compliance, and $1,943 

for audits, insurance and bonds, 

equipment maintenance and 

miscellaneous expenses. Funds in the 

Committee’s monetary reserve are 

projected to be $7,854 on March 31, 

2011. This is within the order’s limit of 

approximately one fiscal period’s 

operational expenses. 

The Committee discussed alternatives 

to this recommended assessment 

increase. Leaving the assessment rate at 

the current $1.00 per ton would earn the 

Committee $5,550, an amount 

considerably less than the 2010 

budgeted expenditures of $8,145. This 

would have significantly depleted the 

Committee’s reserves, and thus was not 

seriously considered. The Committee 

did not consider an assessment rate 

greater than $1.50. 

A review of historical crop and price 

information, as well as preliminary 

information pertaining to the upcoming 

crop year indicates that the producer 

price for the 2010–11 season could 

average about $1,000 per ton for fresh 

Washington apricots. Therefore, the 

estimated assessment revenue for the 

2010–11 fiscal period as a percentage of 

total producer revenue is 0.15 percent 

for Washington apricots. 

This action would increase 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 would be offset by 

the benefits derived by the operation of 

the order. 

The Committee’s meeting was widely 

publicized throughout the Washington 

apricot industry and all interested 

persons were invited to attend and 

participate in Committee deliberations 


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37742 Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules 

on all issues. Like all Committee 

meetings, the May 19, 2010, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express views on the issues. 

Additionally, interested persons are 

invited to submit information on the 

regulatory and informational impacts of 

this action on small businesses. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

Washington apricot 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. 

Additionally, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

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. 

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.fetchTemplate

Data.do?template=TemplateN&page=

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. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. Fifteen days is 

deemed appropriate because: (1) The 

2010–11 fiscal period began on April 1, 

2010, and the order requires that the 

assessment rate for each fiscal period 

apply to all assessable apricots handled 

during such fiscal period; (2) the 

Washington apricot harvest and 

shipping season is expected to begin as 

early as the last week of June; (3) the 

Committee needs to have sufficient 

funds to pay its expenses, which are 

incurred on a continuous basis; and (4) 

handlers are aware of this action, which 

was recommended by the Committee at 

a public meeting and is similar to other 

assessment rate actions issued in past 

years. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 922 is proposed to 

be amended as follows: 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

1. The authority citation for 7 CFR 

part 922 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 922.235 is revised to read 

as follows: 

§ 922.235 Assessment rate. 

On or after April 1, 2010, an 

assessment rate of $1.50 per ton is 

established for the Washington Apricot 

Marketing Committee. 

Dated: June 25, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–15941 Filed 6–29–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 080724907–91435–01] 

RIN 0694–AE44 

Addition of New Export Control 

Classification Number 6A981 Passive 

Infrasound Sensors to the Commerce 

Control List of the Export 

Administration Regulations, and 

Related Amendments 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: The Bureau of Industry and 

Security proposes to amend the Export 

Administration Regulations (EAR) by 

adding Export Control Classification 

Number (ECCN) 6A981 to the 

Commerce Control List (CCL) to control 

passive infrasound sensors because of 

their military and commercial utility. 

Items under this new ECCN will be 

controlled for Regional Stability (RS) 

and Anti-Terrorism (AT) reasons. In 

addition, BIS proposes to control 

technology and software for the 

development, production, or use of 

these items for RS and AT reasons 

under revised ECCNs 6D991 and 6E991, 

respectively. 

DATES: Comments must be received by 

August 30, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN–AE44 by any of the 

following methods: 

E-mail: publiccomments@bis.doc.gov 

or via www.regulations.gov. Include 

‘‘RIN–AE44’’ in the subject line of the 

message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Deliver/Courier: 

Sharron Cook, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Ave., NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN–AE44. 

Send comments regarding the 

collection of information associated 

with the rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Ave., NW., 

Room 2705, Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

James Thompson, Sensors and Aviation 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–4252. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

proposes to amend the Export 

Administration Regulations (EAR) by 

imposing new foreign policy export and 

reexport controls on certain infrasound 

sensors (i.e., sensors capable of 

detecting sound from 0.01 to 16 Hertz). 

Infrasound sensors are used by the oil 

exploration industry, meteorologists, 

seismologists, and the military to detect 

natural or man-made infrasound sources 

including earthquakes, volcanic 

eruptions, rocket launch, and/or nuclear 

explosions. 

Passive infrasound sensors, which 

possess civil and military utility, are not 

currently specified in the CCL, but 

similar sensors are subject to the EAR. 

Today’s passive infrasound sensors have 

updated electronics, which increase 

their sensitivity and allow the detection 

of additional infrasound sources. 

Because of the enhanced capabilities of 

current sensors, these passive 

infrasound sensors have military and 

commercial applications, and therefore 

should be controlled under the EAR for 

regional stability (RS) and antiterrorism 

(AT) reasons. 

BIS proposes to amend the EAR, 

Supplement No. 1 to Part 774 

(Commerce Control List), Category 6 

(Sensors and Lasers) by adding Export 

Control Classification Number (ECCN) 

6A981. This new ECCN 6A981 would be 

controlled for RS and AT reasons and 


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