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

2Puerto 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 other 

cases 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 10th 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: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
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: 


emcdonald on DSK2BSOYB1PROD with PROPOSALS