Unknown. Interim rule with request for comments

4,553 words·~21 min read·/register/2012/12/05/2012-29428

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-12-05.xml --- 77 234 Wednesday, December 5, 2012 Contents Agency Agency for International Development NOTICES Privacy Act; Systems of Records, 72319-72321 2012-29388 Agricultural Marketing Agricultural Marketing Service RULES Pears Grown in Oregon and Washington: Assessment Rate Decrease for Processed Pears, 72197-72199 2012-29428 PROPOSED RULES Pears Grown in Oregon and Washington: Committee Membership Reapportionment for Processed Pears, 72245-72247 2012-29425 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Procurement and Property Management Office, Agriculture Department Army Army Department NOTICES Privacy Act;

Systems of Records, 72336-72337 2012-29352 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72351-72352 2012-29308 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Child Support Enforcement Program Expenditure Report, etc., 72352 2012-29264 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission RULES Testing and Labeling Pertaining to Product Certification:

Representative Samples for Periodic Testing of Children's Products, 72205-72219 2012-29204 Defense Department Defense Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-29339 2012-29340 2012-29341 72332-72336 2012-29342 2012-29351 2012-29365 2012-29375 2012-29336 2012-29337 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Decisions and Orders:

Amy S. Benjamin, N.P., 72408-72409 2012-29302 Jeffery J. Becker, D.D.S., and Jeffery J. Becker, D.D.S., Affordable Care, 72387-72408 2012-29333 Importers of Controlled Substances: Fisher Clinical Services, Inc.; Application, 72409 2012-29404 Mylan Pharmaceuticals, Inc.; Application, 72409 2012-29410 Manufacturers of Controlled Substances: ISP Inc.; Application, 72410 2012-29407 Siemens Healthcare Diagnostics, Inc.; Application, 72409-72410 2012-29411 Economic Development Economic Development Administration NOTICES Meetings:

National Advisory Council on Innovation and Entrepreneurship, 72322 2012-28600 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Injury Assessment Plans; Availability, etc.: Hanford Site, Richland, WA, 72337 2012-29420 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Competitions: Apps for Vehicles Challenge, 72337-72341 2012-29416 Environmental Protection Environmental Protection Agency RULES Approvals, Disapprovals and Promulgations of Air Quality Implementation Plans:

Arizona; Regional Haze State and Federal Implementation Plans, 72512-72580 2012-28565 Pesticide Tolerances: Clodinafop-propargyl, 72223-72226 2012-29248 Dodine, 72232-72237 2012-29251 Picoxystrobin, 72226-72232 2012-29250 PROPOSED RULES Approvals and Promulgations of Implementation Plans: Florida; 110(a)(2)(D)(i)(II) Infrastructure Requirement for 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 72287-72290 2012-29400 Region 4 States; Section 110(a)(2)(D)(i)(II) Infrastructure Requirement for 1997 and 2006 Fine Particulate Matter National Ambient Air Quality Standards, 72284-72287, 72291-72294 2012-29367 2012-29370 Reconsideration of Certain New Source and Startup/Shutdown Issues:

National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-Fired Electric Utility Steam Generating Units, etc., 72294 C1--2012--28729 NOTICES Pesticide Products; Registration Applications, 72342-72343 2012-29249 Requests to Voluntarily Cancel Certain Pesticide Registrations, 72343-72346 2012-29384 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Meetings: Sub-Saharan Africa Advisory Committee, 72346 2012-29257 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Lycoming Engines and Continental Motors, Inc. Reciprocating Engines, 72203-72205 2012-29472 The Boeing Company Airplanes, 72200-72203 2012-29405 PROPOSED RULES Airworthiness Directives: Cessna Aircraft Company Airplanes, 72250-72252 2012-29402 Reims Aviation S.A. Airplanes, 72252-72254 2012-29395 NOTICES Petitions for Exemptions; Summaries of Petitions Received, 72432 2012-29415 Federal Communications Federal Communications Commission RULES Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, 72237-72242 2012-29423 PROPOSED RULES Hearing Aid Compatibility Regulations:

Comment Deadline Extended for Public Notice Seeking Updated Information and Comment on Review, 72294-72295 2012-29357 Revision of Commission's Program Access Rules, 72295-72296 2012-29426 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2012-29343 72346-72348 2012-29344 Exemption Dismissals and Obligation to Begin Providing Closed Captioning, 72348-72349 2012-29358 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 72341-72342 2012-29346 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

NDR Energy Group, LLC, 72342 2012-29347 Shipley Choice, LLC, 72342 2012-29345 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 72432-72435 2012-29326 2012-29328 2012-29329 2012-29330 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Rules of Practice and Procedure: Enterprise and Federal Home Loan Bank Housing Goals Related Enforcement Amendment, 72247-72249 2012-29419 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 72349 2012-29421 Filings of Complaints and Assignments:

SBI International, Inc. v. Mr. Howard Finkel C/O Cosco Container Lines, 72349 2012-29399 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72349-72350 2012-29312 Fiscal Fiscal Service PROPOSED RULES Sale and Issue of Marketable Book-Entry Treasury Bills, Notes, and Bonds, 72278-72283 2012-29307 Food and Drug Food and Drug Administration PROPOSED RULES New Animal Drugs: Updating Tolerances for Residues of New Animal Drugs in Food, 72254-72268 2012-29322 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Applications for Approval to Market New Drug; Revision of Postmarketing Reporting Requirements; Discontinuance, 72353-72355 2012-29327 Experimental Study of Graphic Cigarette Warning Labels, 72355-72356 2012-29321 Meetings: Animal Drug User Fee Act, 72356-72359 2012-29498 Animal Generic Drug User Fee Act, 72359-72361 2012-29499 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Supplemental Form for Collecting Taxpayer Identifying Numbers, 72321 2012-29386 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Delegations of Authorities, 72350-72351 2012-29409 Housing Housing and Urban Development Department RULES Federal Housing Administration: Prohibited Sources of Minimum Cash Investment under National Housing Act, 72219-72223 2012-29361 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Tax Credit Assistance Program, 72367-72368 2012-29354 Privacy Act; Systems of Records, 72368-72370 2012-29356 Regulatory Waiver Requests Granted for Third Quarter of Calendar Year 2012, 72370-72383 2012-29128 Indian Affairs Indian Affairs Bureau RULES Residential, Business, and Wind and Solar Resource Leases on Indian Land, 72440-72509 2012-28926 Industry Industry and Security Bureau NOTICES Orders Denying Export Privileges: Kue Sang Chun, 72322-72323 2012-29374 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Net Investment Income Tax, 72612-72652 2012-29238 Rules Relating to Additional Medicare Tax, 72268-72277 2012-29237 International Trade Adm International Trade Administration NOTICES Countervailing Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Certain Kitchen Appliance Shelving and Racks from People's Republic of China, 72324 2012-29427 Citric Acid and Certain Citrate Salts from People's Republic of China, 72323-72324 2012-29429 Export Trade Certificates of Review, 72324-72325 2012-29408 North American Free Trade Agreement, Article 1904 Binational Panel Reviews, 72325-72326 2012-29387 2012-29396 International Trade Com International Trade Commission NOTICES Five-year Reviews: Lemon Juice from Argentina and Mexico, 72384-72385 2012-29263 Investigations:

Certain Coenzyme Q10 Products and Methods of Making Same, 72385-72386 2012-29311 Honey from China, 72385 2012-29290 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decrees and Proposed Stipulated Judgments and Permanent Injunctions, 72386 2012-29265 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Unemployment Insurance Title XII Advances and Voluntary Repayment Process, 72410-72411 2012-29382 Land Land Management Bureau NOTICES Alaska Native Claims Selection, 2012-29379 72383-72384 2012-29380 2012-29383 Minority Business Minority Business Development Agency PROPOSED RULES Petition for Inclusion of Arab-American Community in Groups Eligible for MBDA Services, 72254 2012-29431 National Highway National Highway Traffic Safety Administration PROPOSED RULES U.S.-Canada Regulatory Cooperation Council Motor Vehicles Working Group:

Public Meeting, 72296-72297 2012-29369 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 72361-72362 2012-29403 Meetings: Center for Scientific Review, 2012-29304 72362, 72367 2012-29305 National Institute of Allergy and Infectious Diseases, 72364, 72366 2012-29301 2012-29303 National Institute of Biomedical Imaging and Bioengineering, 72365-72366 2012-29300 National Institute of Neurological Disorders and Stroke, 72362-72363 2012-29297 National Institute of Nursing Research, 72363 2012-29296 National Institute on Drug Abuse, 72365-72366 2012-29298 2012-29299 National Library of Medicine, 2012-29291 72363-72367 2012-29292 2012-29294 2012-29295 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Reallocation of Pacific Cod in Bering Sea and Aleutian Islands Management Area, 72243-72244 2012-29394 Fisheries of the Northeastern United States: Northeast Multispecies Fishery; White Hake Trimester Total Allowable Catch Area Closure for Common Pool Fishery, 72242-72243 2012-29401 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Gulf of Alaska; Proposed 2013 and 2014 Harvest Specifications for Groundfish, 72297-72318 2012-29137 Fisheries of the Northeastern United States:

Targeted Acadian Redfish Fishery for Sector Vessels, 72297 C1--2012--28820 NOTICES Permits: Endangered Species; File No. 17381, 72326 2012-29323 Takes of Marine Mammals Incidental to Specified Activities: Rocky Intertidal Monitoring Surveys along Oregon and California Coasts, 72327-72331 2012-29390 Nuclear Regulatory Nuclear Regulatory Commission RULES Technical Corrections; Correction, 72199-72200 2012-29348 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standard on Personal Protective Equipment for Shipyard Employment, 72411-72412 2012-29310 Personnel Personnel Management Office PROPOSED RULES Patient Protection and Affordable Care Act: Establishment of Multi-State Plan Program for Affordable Insurance Exchanges, 72582-72609 2012-29118 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Using Meaningful Metrics in Conducting Integrity Management Program Evaluations, 72435-72438 2012-29362 Postal Regulatory Postal Regulatory Commission NOTICES International Mail Contracts, 72412-72413 2012-29287 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Critical Infrastructure Protection and Resilience Month (Proc. 8910), 72673-72676 2012-29573 Minority Enterprise Development Week (Proc. 8912), 72679-72680 2012-29576 National Impaired Driving Prevention Month (Proc. 8911), 72677-72678 2012-29575 World AIDS Day (Proc. 8909), 72195-72196 2012-29466 Procurement Procurement and Property Management Office, Agriculture Department PROPOSED RULES Designation of Product Categories for Federal Procurement, 72654-72672 2012-29093 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Applications:

Foreside Advisor Services, LLC, et al., 72416-72423 2012-29317 William Blair and Co., LLC and William Blair Funds, 72413-72416 2012-29318 Self-Regulatory Organizations; Proposed Rule Changes: International Securities Exchange, LLC, 72426-72428 2012-29313 National Stock Exchange, Inc., 72423-72425 2012-29281 NYSE Arca, Inc., 2012-29314 2012-29315 72425-72426, 72429 2012-29316 Small Business Small Business Administration NOTICES Disaster Declarations: New Jersey; Amendment 1, 72429-72430 2012-29141 Exemptions under Section 312 of Small Business Investment Act, Conflicts of Interest:

Salem Investment Partners III, L.P., 72430 2012-29359 State Department State Department NOTICES Applications: Presidential Permit to Operate and Maintain Pipeline Facilities on Border of United States and Canada, 72430-72431 2012-29376 2012-29377 Meetings: Shipping Coordinating Committee, 72431-72432 2012-29378 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Applications:

Boutique Air, Inc. for Commuter Air Carrier Authority, 72432 2012-29372 Treasury Treasury Department See Fiscal Service See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Meetings: Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee, 72438 2012-29285 Separate Parts In This Issue Part II Interior Department, Indian Affairs Bureau, 72440-72509 2012-28926 Part III Environmental Protection Agency, 72512-72580 2012-28565 Part IV Personnel Management Office, 72582-72609 2012-29118 Part V Treasury Department, Internal Revenue Service, 72612-72652 2012-29238 Part VI Agriculture Department, Procurement and Property Management Office, Agriculture Department, 72654-72672 2012-29093 Part VII Presidential Documents, 72673-72680 2012-29573 2012-29576 2012-29575 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 234 Wednesday, December 5, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 927 [Doc. No. AMS-FV-12-0031; FV12-927-2 IR] Pears Grown in Oregon and Washington; Assessment Rate Decrease for Processed Pears AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule decreases the assessment rate established for the Processed Pear Committee (Committee) for the 2012-2013 and subsequent fiscal periods from $7.73 to $7.00 per ton of summer/fall processed pears. The Committee locally administers the marketing order which regulates the handling of processed pears grown in Oregon and Washington. Assessments upon handlers of Oregon-Washington processed pears are used by the Committee to fund reasonable and necessary expenses of the program.

The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective December 6, 2012. Comments received by February 4, 2013, 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 and Agreement Division, Fruit and Vegetable Program, 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: Teresa Hutchinson or Gary Olson, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, 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 request information on complying with this regulation by contacting Laurel May, Marketing Order and Agreement Division, Fruit and Vegetable Program, 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. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Oregon-Washington pear 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 summer/fall processed pears beginning July 1, 2012, 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 decreases the assessment rate established for the Committee for the 2012-2013 and subsequent fiscal periods from $7.73 to $7.00 per ton for summer/fall processed pears handled. The assessment rate for “winter” and “other” pears for processing would remain unchanged at a zero rate. The order provides authority for the Committee, with USDA approval, to formulate an annual budget of expenses and to collect assessments from handlers to administer the processed pear program. The members of the Committee are producers, handlers, and processors of Oregon-Washington processed pears. 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 2011-2012 and subsequent fiscal periods, the Committee unanimously recommended, and USDA approved, the following three base rates of assessment:

(a)$7.73 per ton for any or all varieties or subvarieties of pears for canning classified as “summer/fall,” excluding pears for other methods of processing;

(b)$0.00 per ton for any or all varieties or subvarieties of pears for processing classified as “winter”; and

(c)$0.00 per ton for any or all varieties or subvarieties of pears for processing classified as “other.” The assessment rate for “summer/fall” pears applies only to pears for canning and excludes pears for other methods of processing as defined in § 927.15, which includes pears for concentrate, freezing, dehydrating, pressing, or in any other way to convert pears into a processed product. This rate 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 May 30, 2012, and unanimously recommended 2012-2013 expenditures of $842,137 and an assessment rate of $7.00 per ton for summer/fall processed pears handled. In comparison, last year's budgeted expenditures were $926,933. The assessment rate of $7.00 is $0.73 lower than the 2011-2012 rate. The Committee recommended the assessment rate decrease because of the 2012-2013 summer/fall processed pear promotion budget reduction. The major expenditures recommended by the Committee for the 2012-2013 fiscal period include $654,000 for promotion and paid advertising, $137,447 for research programs, $24,000 for contracted administration by Washington State Fruit Commission, and $12,500 for market access and trade policy. In comparison, major expenses for the 2011-2012 fiscal period included $759,000 for promotion and paid advertising, $117,243 for research programs, $24,000 for contracted administration by Washington State Fruit Commission, and $12,500 for market access and trade policy. The Committee based its recommended assessment rate for processed pears on the 2012-2013 summer/fall processed pear crop estimate, the 2012-2013 program expenditure needs, and the current and projected size of its monetary reserve. Applying the $7.00 per ton rate to the Committee's 120,000 ton summer/fall processed pear crop estimate should provide $840,000 in assessment income. Thus, income derived from summer/fall processed pear handler assessments, and interest and other income ($500) plus $1,637 from the Committee's monetary reserve would be adequate to cover the recommended $842,137 budget for 2012-2013. The Committee estimates that it will have a monetary reserve of $618,804 on June 30, 2012. During 2012-2013, the Committee estimates that $1,637 will be deducted from the reserve for an estimated reserve of $617,167 on June 30, 2013, which would be within the maximum permitted by the order of approximately one fiscal period's operational expenses (§ 927.42). 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 2012-2013 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 1,500 producers of processed pears in the regulated production area and approximately 50 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 2011 Preliminary Summary issued in March 2012 by the National Agricultural Statistics Service, the total farm-gate value of summer/fall processed pears grown in Oregon and Washington for 2011 was $35,315,000. 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 $23,543. Furthermore, based on Committee records, the Committee has estimated that all of the Oregon-Washington pear handlers currently ship less than $7,000,000 worth of processed pears each 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. There are three pear processing plants in the production area, all located in Washington. All three pear processors would be considered large entities under the SBA's definition of small businesses. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2012-2013 and subsequent fiscal periods from $7.73 to $7.00 per ton of processed pears handled. The Committee unanimously recommended 2012-2013 expenditures of $842,137 and an assessment rate of $7.00 per ton of summer/fall processed pears handled. The assessment rate of $7.00 is $0.73 lower than the 2011-2012 rate. The Committee recommended the assessment rate decrease because of the 2012-2013 summer/fall processed pear promotion budget reduction. The quantity of assessable summer/fall processed pears for the 2012-2013 fiscal period is estimated at 120,000 tons. Thus, the $7.00 rate should provide $840,000 in assessment income. Income derived from summer/fall processed pear handler assessments, monetary reserve, and interest and other income would be adequate to cover the budgeted expenses. The major expenditures recommended by the Committee for the 2012-2013 fiscal period include $654,000 for promotion and paid advertising, $137,442 for research programs, $24,000 for contracted administration by Washington State Fruit Commission, and $12,500 for market access and trade policy. Budgeted expenses for these items in the 2011-2012 fiscal period were $759,000, $117,243, $24,000, and $12,500, respectively. The Committee discussed alternate rates of assessment, but determined that the recommended assessment rate would be sufficient to fund the 2012-2013 summer/fall processed pear programs. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the Oregon-Washington producer price for the 2012-2013 fiscal period could average $246 per ton of summer/fall processed pears. Therefore, the estimated assessment revenue for the 2012-2013 fiscal period as a percentage of total producer revenue is 2.85 percent. This action decreases 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 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 May 30, 2012, 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. 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 Oregon-Washington 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. 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: *www.ams.usda.gov/MarketingOrdersSmallBusinessGuide.* Any questions about the compliance guide should be sent to Laurel May 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 2012-2013 fiscal period begins on July 1, 2012, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable processed pears handled during such fiscal period;

(2)this action decreases the assessment rate for assessable processed pears beginning with the 2012-2013 fiscal period;

(3)handlers are aware of this action which was unanimously recommended by the Committee at a 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 finalization of this rule. List of Subjects in 7 CFR Part 927 Marketing agreements, Pears, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 927 is amended as follows: PART 927—PEARS GROWN IN OREGON AND WASHINGTON 1. The authority citation for 7 CFR part 927 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 927.237, the introductory text and paragraph

(a)are revised to read as follows: § 927.237 Processed pear assessment rate. On and after July 1, 2012, the following base rates of assessment for pears for processing are established for the Processed Pear Committee:

(a)$7.00 per ton for any or all varieties or subvarieties of pears for canning classified as “summer/fall” excluding pears for other methods of processing; Dated: November 29, 2012. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2012-29428 Filed 12-4-12; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

CFR