### 27227 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules

2 Puerto Rico Dept. of Agriculture, Office of Agricultural Statistics. ‘‘ 18.58F23 Fresh Fruits. ’’ November 13, 2007. p. 23.

We have prepared an initial regulatory flexibility analysis for this proposed rule. The analysis examines the potential economic effects of this action on small entities, as required by the Regulatory Flexibility Act. The analysis identifies avocado producers, importers, and wholesalers in Puerto Rico as the small entities most likely to be affected by this action and considers the effects of increased imports of avocados. Puerto Rico is a large net importer of avocados. Imports for 2007 totaled around 3,700 short tons while exports totaled only 8 short tons, as preliminarily reported by the Puerto Rican Department of Agriculture’s Office of Agricultural Statistics. 2 In other words, three-fifths of Puerto Rico’s avocado supply is imported. In addition, there may well be movement of avocado from the mainland United States to Puerto Rico, which would not be reported as imports. Based on the information presented in the analysis, we expect affected entities would experience minimal economic effects as a result of additional imports arriving in Puerto Rico from Mexico. We invite comment on the analysis, which is posted with this proposed rule on the Regulations.gov Web site (see

**ADDRESSES** above for instructions for accessing Regulations.gov) and may be obtained from the person listed under

**FOR FURTHER INFORMATION CONTACT**

. Executive Order 12988

This proposed rule would allow Hass avocados to be imported into Puerto Rico from Michoaca  ́ n, Mexico. If this proposed rule is adopted, State and local laws and regulations regarding Hass avocados imported under this rule would be preempted while the fruit is in foreign commerce. Fresh Hass avocados are generally imported for immediate distribution and sale to the consuming public and would remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in othercases must be addressed on a case-bycase basis. If the proposed rule is adopted, no retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging the rule. Paperwork Reduction Act

This proposed rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq .). List of Subjects in 7 CFR Part 319

Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables.

■ Accordingly, we propose to amend 7 CFR part 319 as follows:

**PART 319—FOREIGN QUARANTINE NOTICES** 

■ 1. The authority citation for part 319 continues to read as follows:

Authority: 7 U.S.C. 450, 7701–7772, and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

■ 2. Section 319.56-30 is amended as follows:

■ a. By revising paragraph (a)(2) to read as set forth below.

■ b. In paragraph (c)(3)(iv), by adding the words ‘‘ or its approved designee’’ after the word ‘‘NPPO ’’

.
■ c. In paragraph (c)(3)(vii), by removing the last two sentences.

■ d. By revising paragraph (e) to read as set forth below.

**§ 319.56-30 Hass avocados from Michoaca**  ** ́ n, Mexico.** 
(a) * * * (2) Shipping restrictions. The avocados may be imported into and distributed in all States and in Puerto Rico, but not in any U.S. Territory.

* * * * *

(e) Pest detection. If any of the avocado pests Heilipus lauri

, Conotrachelus aguacatae

, C

. perseae , Copturus aguacatae , or Stenoma catenifer are detected during the semiannual pest surveys in a packinghouse, certified orchard or areas outside of certified orchards, or other monitoring or inspection activity in the municipality, the Mexican NPPO must immediately initiate an investigation and take measures to isolate and eradicate the pests. The Mexican NPPO must also provide APHIS with information regarding the circumstances of the infestation and the pest risk mitigation measures taken. Orchards affected by the pest detection will lose their export certification immediately, and avocado exports from that orchard will be suspended until APHIS and the Mexican NPPO agree that the pest eradication measures taken have been effective.

* * * * * Done in Washington, DC, this 10 th day of May 2010.

Kevin Shea Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010–11598 Filed 5–13–10; 8:45 am]

**BILLING CODE 3410–34–S**

**DEPARTMENT OF ENERGY**

**10 CFR Part 431**

**[Docket Number: EE–2008–BT–STD–0006]**

**RIN 1904–AB47**

**Energy Conservation Program: Energy Conservation Standards for**  **Residential Central Air Conditioners and Heat Pumps** 

**AGENCY :**  Department of Energy, Office of Energy Efficiency and Renewable Energy.

**ACTION :**  Proposed rule; notice of extension of public comment period.

**SUMMARY :**  On March 25, 2010, the U.S. Department of Energy (DOE) announced that it would hold a public meeting to discuss and receive comments on the product classes that DOE plans to analyze for purposes of establishing energy conservation standards for residential central air conditioners and heat pumps; the analytical framework, models, and tools that DOE is using to evaluate amended standards for these products; the results of preliminary analyses performed by DOE for these products; and potential energy conservation standard levels derived from these analyses that DOE could consider for these products. DOE also encouraged written comments on these subjects. This document announces an extension of the time period for submitting comments on the energy conservation standards notice of public meeting (NOPM) and availability of the preliminary technical support document for central air conditioners and heat pumps. The comment period is extended to May 17, 2010.

**DATES :**  DOE will accept comments, data, and information regarding the energy conservation standards NOPM for residential central air conditioners and heat pumps received no later than May 17, 2010.

**ADDRESSES :**  Any comments submitted must identify the ‘‘NOPM for Energy Conservation Standards for Residential Central Air Conditioners and Heat Pumps ’’ and provide the appropriate docket number EE–2008–BT–STD–0006 and/or RIN number 1904–AB47. Comments may be submitted using any of the following methods:


### 27228 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Proposed Rules

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments.

• E-mail: Res

_ Central

_

AC

_HP@ee.doe.gov (NOPM). Include docket number EE– 2008–BT–STD–0006 and/or RIN 1904– AB47, as appropriate, in the subject line of the message. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format and avoid the use of special characters or any form of encryption.

• Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–2945. Please submit one signed original paper copy.

• Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L’Enfant Plaza, SW., 6th Floor, Washington, DC 20024. Please submit one signed original paper copy.

Docket: For access to the docket to read background documents or comments received, visit the U.S. Department of Energy, Resource Room of the Building Technologies Program, 950 L’Enfant Plaza, SW., 6th Floor, Washington, DC 20024, (202) 586–2945, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards at the above telephone number for additional information regarding visiting the Resource Room.

**FOR FURTHER INFORMATION CONTACT :**  Mr. Wes Anderson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE–2J, 1000 Independence Avenue, SW., Washington, DC 20585–0121. Telephone: (202) 586–7335. E-mail: Wes.Anderson@ee.doe.gov.

Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, GC–71, 1000 Independence Avenue, SW., Washington, DC, 20585–0121. Telephone: (202) 586–7796. E-mail: Elizabeth.Kohl@hq.doe.gov.

**SUPPLEMENTARY INFORMATION :**  On March 25, 2010, DOE published a Federal Register notice announcing the availability of its preliminary technical support document for energy conservation standards for residential central air conditioners and heat pumps, as well as a public meeting to discuss and receive comment on the preliminary analysis. 75 FR 14368. The NOPM provides for the submission of comments by May 10, 2010. The public meeting to discuss the preliminary analysis was held on for May 5, 2010. A number of commenters stated at the public meeting that the time between the public meeting on May 5, 2010 and the end of the comment period on May 10, 2010 was not sufficient to address any issues that arose during the public meeting. DOE has determined that an extension of the public comment period is appropriate and is hereby extending the comment period. DOE will consider any comments received by May 17, 2010, and deems any comments received between publication of the NOPM and May 17, 2010 to be timely submitted.
Further Information on Submitting Comments

Under 10 CFR part 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: one copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination.

Factors of interest to DOE when evaluating requests to treat submitted information as confidential include (1) a description of the items, (2) whether and why such items are customarily treated as confidential within the industry, (3) whether the information is generally known by or available from other sources, (4) whether the information has previously been made available to others without obligation concerning its confidentiality, (5) an explanation of the competitive injury to the submitting person which would result from public disclosure, (6) when such information might lose its confidential character due to the passage of time, and (7) why disclosure of the information would be contrary to the public interest.

Issued in Washington, DC, on May 7, 2010. Cathy Zoi, Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010–11571 Filed 5–13–10; 8:45 am]

**BILLING CODE 6450–01–P DEFENSE NUCLEAR FACILITIES**  **SAFETY BOARD**

**10 CFR Part 1703**

**Proposed FOIA Fee Schedule Update**

**AGENCY :**  Defense Nuclear Facilities Safety Board.

**ACTION :**  Notice of proposed rulemaking.

**SUMMARY :**  Pursuant to 10 CFR 1703.107(b)(6) of the Board’s regulations, the Defense Nuclear Facilities Safety Board is publishing its proposed Freedom of Information Act (FOIA) Fee Schedule Update and solicits comments from interested organizations and individual members of the public.

**DATES :**  To be considered, comments must be mailed or delivered to the address listed below by 5 p.m. on or before June 14, 2010.

**ADDRESSES :**  Comments on the proposed fee schedule should be mailed or delivered to the Office of the General Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. All comments will be placed in the Board’s public files and will be available for inspection between 8:30 a.m. and 4:30 p.m., Monday through Friday (except on federal holidays), in the Board’s Public Reading Room at the same address.

**FOR FURTHER INFORMATION CONTACT :**  Brian Grosner, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004–2901, (202) 694–
7060.

**SUPPLEMENTARY INFORMATION :**  The FOIA requires each Federal agency covered by the Act to specify a schedule of fees applicable to processing of requests for agency records. 5 U.S.C. 552(a)(4)(i). Pursuant to 10 CFR 1703.107(b)(6) of the Board’s regulations, the Board’s General Manager will update the FOIA Fee Schedule once every 12 months. Previous Fee Schedule Updates were published in the Federal Register and went into effect, most recently, on May 6, 2009, 74 FR 20934. The Board’s proposed fee schedule is consistent with the guidance. The components of the proposed fees (hourly charges for search and review and charges for copies of requested documents) are based upon the Board’s specific cost.

Board Action

Accordingly, the Board proposes to establish the following schedule of updated fees for services performed in response to FOIA requests: