Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-12-06.xml --- 77 235 Thursday, December 6, 2012 Contents Agricultural Marketing Agricultural Marketing Service RULES Apricots Grown in Designated Counties in Washington: Decreased Assessment Rate, 72681-72683 2012-29435 Sweet Cherries Grown in Designated Counties in Washington: Decreased Assessment Rate, 72683-72686 2012-29436 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service See Rural Housing Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72831 2012-29437 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72880-72882 2012-29422 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72867-72868 2012-29474 Charter Renewals: Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment, 72868 2012-29471 Requests for Nominations:

National Public Health Surveillance and Biosurveillance Advisory Committee, 72868 2012-29478 Coast Guard Coast Guard RULES Drawbridge Operation Regulations: Atlantic Intracoastal Waterway (Alternate Route), Dismal Swamp Canal, South Mills, NC, 72737 2012-29443 Mile 359.4, Missouri River, Kansas City, MO, 72737-72738 2012-29444 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72815-72816 2012-29418 Copyright Office Copyright Office, Library of Congress PROPOSED RULES Copyright Office Fees, 72788-72791 2012-29229 Defense Department Defense Department See Navy Department PROPOSED RULES Reduction of Use of Social Security Numbers in the Department of Defense, 72788 2012-29504 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Applications for New Awards:

Native American and Alaska Native Children in School Program, 72832-72837 2012-29424 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Standards Improvement Project—Phase IV, 72781-72783 2012-29514 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program: Certification of Commercial and Industrial HVAC, Refrigeration and Water Heating Equipment, 72763-72766 2012-29486 NOTICES Applications for Long-Term Authorizations to Export Liquefied Natural Gas, etc.:

CE FLNG, LLC, 72840-72843 2012-29473 Excelerate Liquefaction Solutions I, LLC, 72843-72846 2012-29475 Golden Pass Products LLC, 72837-72840 2012-29479 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of State Implementation Plans: Washington; Regional Haze State Implementation Plan, 72742-72744 2012-29397 Exemptions from the Requirement of a Tolerance: Alkyl (C8-C18) dimethylamidopropylamines, 72747-72752 2012-29106 Outer Continental Shelf Air Regulations:

Consistency Update for California, 72744-72746 2012-29413 Regulation of Fuels and Fuel Additives; Withdrawal: Modifications to Renewable Fuel Standard and Diesel Sulfur Programs, 72746-72747 2012-29512 NOTICES California State Nonroad Engine Pollution Control Standards: In-Use Portable Diesel Engines 50 Horsepower and Greater, 72846-72851 2012-29511 Portable Equipment Registration Program, 72851-72856 2012-29513 Petitions: New York State Prohibition of Discharges of Vessel Sewage, 72856-72858 2012-29509 Public Workshops:

Toxicological Review of Inorganic Arsenic, Summary Information on Integrated Risk Information System, 72858-72860 2012-29507 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Applications: Final Commitment for Long-Term Loan or Financial Guarantee in Excess of 100 Million Dollars, 72860 2012-29485 Federal Aviation Federal Aviation Administration RULES Prohibition Against Certain Flights Within the Territory and Airspace of Iraq, 72709-72712 2012-29412 PROPOSED RULES Airworthiness Directives:

Cessna Aircraft Company Airplanes, 72778-72780 2012-29398 Embraer S.A. Airplanes, 72776-72778 2012-29460 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72860-72862 2012-29491 2012-29492 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints: H.Q. Energy Services (U.S.) Inc. v. ISO New England Inc., 72846 2012-29464 Filings: ITC Holdings Corp., Entergy Corp, Midwest Independent Transmission System Operator, Inc., 72846 2012-29465 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings:

Appraisal Subcommittee, 2012-29480 72862-72863 2012-29481 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary License Applicants, 72863 2012-29450 Ocean Transportation Intermediary License Reissuances, 72863 2012-29445 Ocean Transportation Intermediary License Revocations, 72863-72864 2012-29446 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 72864 2012-29470 Federal Trade Federal Trade Commission RULES Identity Theft Red Flags and Address Discrepancies under Fair and Accurate Credit Transactions Act of 2003, 72712-72715 2012-29430 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Definitions of Transmittal of Funds and Funds Transfer, 72783-72787 2012-29233 Fish Fish and Wildlife Service NOTICES Endangered Species Permit Applications, 72882 2012-29501 Food and Drug Food and Drug Administration NOTICES Compliance Guidances for Small Business Entities;

Availability: Labeling and Effectiveness Testing; Sunscreen Drug Products for Over-the-Counter Human Use, 72868-72869 2012-29462 Guidances for Industry; Availability: Limiting Use of Certain Phthalates as Excipients in Center for Drug Evaluation and Research-Regulated Products, 72869-72870 2012-29461 Food Safety Food Safety and Inspection Service RULES HACCP Plan Reassessment for Not-Ready-to-Eat Comminuted Poultry Products and Related Agency Verification Procedures, 72686-72691 2012-29510 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity:

Usui International Corp., Foreign-Trade Zone 20, Suffolk, VA, 72816 2012-29534 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Land Exchanges, 72813-72814 2012-29482 Secure Rural Schools Act, 72814-72815 2012-29484 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Opioid Drugs in Maintenance and Detoxification Treatment of Opiate Addiction:

Modification of Dispensing Restrictions for Buprenorphine and Buprenorphine Combination as Used in Approved Opioid Treatment Medications, 72752-72761 2012-29417 NOTICES Requirements and Registration for healthfinder.gov Mobile App Challenge, 72864-72865 2012-29520 Requirements and Registration for the Mobilizing Data for Pressure Ulcer Prevention Challenge, 72865-72867 2012-29524 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72870-72871 2012-29496 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service Internal Revenue Internal Revenue Service RULES Fees on Health Insurance Policies and Self-Insured Plans for Patient-Centered Outcomes Research Trust Fund, 72721-72736 2012-29325 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Certain Activated Carbon from People's Republic of China; 2011-2012, 72824-72825 2012-29531 Circular Welded Carbon Steel Pipes and Tubes from Turkey; 2010 to 2011, 72818-72820 2012-29529 Glycine from the People's Republic of China, 72817-72818 2012-29543 Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from Russian Federation; 2010-2011, 72820-72824 2012-29537 Narrow Woven Ribbons with Woven Selvedge from Taiwan, 72825-72826 2012-29542 Applications for Duty-Free Entry of Scientific Instruments, 72826-72827 2012-29539 Final Results of Full Sunset Reviews:

Corrosion-Resistant Carbon Steel Flat Products from Germany and the Republic of Korea, 72827-72828 2012-29533 International Trade Com International Trade Commission NOTICES Complaints: Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players, and Televisions, 72882-72883 2012-29442 Five-year Reviews; Terminations: Folding Metal Tables and Chairs from China, 72883-72884 2012-29493 Investigations; Determinations, Modifications and Rulings, etc.:

Crystalline Silicon Photovoltaic Cells and Modules from China, 72884 2012-29440 Steel Wire Garment Hangers from Taiwan, 72884 2012-29439 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Judicial Conference Committee on Rules of Practice and Procedure, 2012-29540 2012-29541 72884-72885 2012-29544 Judicial Conference of U.S. Advisory Committee on Rules of Practice and Procedure, 2012-29490 72885 2012-29494 Justice Department Justice Department NOTICES Lodgings of Proposed Consent Decrees:

Clean Air Act, 72885-72886 2012-29515 Labor Department Labor Department See Employee Benefits Security Administration Library Library of Congress See Copyright Office, Library of Congress National Institute National Institutes of Health NOTICES Agricultural Health Study: Prospective Cohort Study of Cancer and Other Disease Among Men and Women in Agriculture, 72871-72872 2012-29548 Meetings: Center for Scientific Review, 72872 2012-29447 National Institute of Neurological Disorders and Stroke, 72872-72873 2012-29449 National Institute on Alcohol Abuse and Alcoholism, 72873 2012-29448 National Labor National Labor Relations Board NOTICES Amendment of Statement of Organization and Functions:

Restructuring of National Labor Relations Board's Field Organization, 72886-72889 2012-29463 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Surfclam and Ocean Quahog Fisheries: 2013 Fishing Quotas for Atlantic Surfclams and Ocean Quahogs and Suspension of Minimum Atlantic Surfclam Size Limit, 72762 2012-29518 PROPOSED RULES Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands; 2013 and 2014 Harvest Specifications for Groundfish, 72791-72812 2012-29508 NOTICES Meetings:

Pacific Fishery Management Council; Online Webinar, 72828-72829 2012-29495 Permits: Marine Mammals; File No.16305, 72829-72830 2012-29414 Navy Navy Department RULES Certifications and Exemptions under International Regulations for Preventing Collisions at Sea, 72736 2012-29477 NOTICES Meetings: Ocean Research Advisory Panel, 72831-72832 2012-29468 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Indirect License Transfers: Aerotest Operations, Inc., 72889-72893 2012-29523 Patent Patent and Trademark Office NOTICES Request for Continued Examination Practice:

Request for Comments, 72830 2012-29546 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Random Drug Testing Rate; Contractor MIS Reporting; and Obtaining DAMIS Sign-In Information, 72905-72906 2012-29441 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: International Day of Persons With Disabilities (Proc. 8913), 72909-72912 2012-29704 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72815 2012-29526 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 72893-72894 2012-29457 Meetings; Sunshine Act, 72894 2012-29617 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 72894-72895 2012-29456 BATS Y-Exchange, Inc., 72902-72904 2012-29455 BOX Options Exchange, LLC, 72895-72897 2012-29453 Financial Industry Regulatory Authority, Inc., 72899-72901 2012-29452 International Securities Exchange, LLC, 72901-72902 2012-29451 Municipal Securities Rulemaking Board, 72897-72899 2012-29454 Suspension of Trading Orders:

HealthSport, Inc., Home Director, Inc., Home Theater Products International, Inc., et al., 72904 2012-29596 Small Business Small Business Administration RULES Small Business Size Standards: Administrative and Support, Waste Management and Remediation Services, 72691-72702 2012-29349 Information, 72702-72709 2012-29360 PROPOSED RULES Small Business Size Standards: Support Activities for Mining, 72766-72776 2012-29353 State Department State Department NOTICES Meetings: U.S. Department of State Advisory Committee on Private International Law;

Study Group on the Hague Convention on Choice of Court Agreements, 72904 2012-29506 Surface Transportation Surface Transportation Board NOTICES Acquisitions and Operation Exemptions: Chessie Logistics Co., LLC; J. Emil Anderson and Son, Inc., 72906 2012-29505 Leases and Operation Exemptions: Western Washington Railroad, LLC; City of Tacoma, Department of Public Works, 72907 2012-29467 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 72904 2012-29586 Transportation Department Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 72905 2012-29483 Treasury Treasury Department See Financial Crimes Enforcement Network See Internal Revenue Service RULES Informal Entry Limit and Removal of a Formal Entry Requirement, 72715-72721 2012-29193 Customs U.S. Customs and Border Protection RULES Informal Entry Limit and Removal of a Formal Entry Requirement, 72715-72721 2012-29193 NOTICES Revocations of Customs Broker Licenses, 72873-72880 2012-29476 Veteran Affairs Veterans Affairs Department RULES Contracts and Provider Agreements for State Home Nursing Home Care, 72738-72742 2012-29521 Separate Parts In This Issue Part II Presidential Documents, 72909-72912 2012-29704 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. 77 235 Thursday, December 6, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 922 [Doc. No. AMS-FV-12-0027; FV12-922-1 IR] Apricots Grown in Designated Counties in Washington; 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 Washington Apricot Marketing Committee (Committee) for the 2012-13 and subsequent fiscal periods from $1.50 to $0.50 per ton of Washington apricots handled. The Committee locally administers the marketing order which regulates the handling of apricots grown in designated counties in Washington. Assessments upon apricot 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 December 7, 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: *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: *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: Manuel Michel, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 805 SW. Broadway, Suite 930, Portland, OR 97205; Telephone:

(503)326-2724; Fax:

(503)326-7440; or Email: *Manuel.Michel@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 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 Agreement and Order No. 922 (7 CFR 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 issued herein will be applicable to all assessable Washington apricots beginning April 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 2012-13 and subsequent fiscal periods from $1.50 to $0.50 per ton of Washington apricots handled under the order. The Washington apricot 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 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 in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2010-11 and subsequent fiscal periods, the Committee recommended, and the 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 May 24, 2012, and unanimously recommended expenditures of $4,695 for the 2012-13 fiscal period. In comparison, the previous fiscal period's budgeted expenditures were $8,145. The Committee also unanimously recommended an assessment rate of $0.50 per ton of apricots. The recommended assessment rate of $0.50 is $1.00 lower than the rate currently in effect. The Committee's decision to lower expenditures and its recommendation to decrease the assessment rate were a direct result of discussions regarding the future of the marketing order. Committee members discussed reasons for and against regulatory suspension, order suspension, and termination of the order. After much consideration, the Committee unanimously recommended a temporary suspension of the order's handling regulations, lower expenditures, and a decrease in the assessment rate. The Committee believes that decreasing the assessment rate will allow the Committee to fund its financial obligations and reduce its current monetary reserve of $3,968. The major expenditures recommended by the Committee for the 2012-13 fiscal period include $2,400 for the management fee, $1,300 for Committee travel, $750 for the annual audit review, and $245 for insurance, bonds, and miscellaneous expenses. In comparison, major expenditures for the 2011-12 fiscal period included $4,800 for the management service fee, $1,300 for travel, $100 for compliance, and $1,945 for audits, insurance and bonds, equipment maintenance and miscellaneous expenses. Committee members estimated the 2012 fresh apricot production to be approximately 6,600 tons, which exceeds the 2011 production of 2,758 tons by 3,840 tons. The Committee's recommended assessment rate was then derived by dividing the 2012-13 anticipated expenses by the expected shipments of Washington apricots, while also taking into account the Committee's monetary reserve. The recommended assessment rate of $0.50 per ton of apricots multiplied by the 6,600 tons of estimated 2012 Washington apricot shipments would generate $3,300 in handler assessments. The projected revenue from handler assessments, along with funds from the Committee's monetary reserve of $3,968, will be adequate to cover the 2012-13 budgeted expenses of $4,695. The Committee's monetary reserve is expected to be approximately $2,573 at the end of the 2012-13 fiscal period. 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 the 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 2012-13 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. 601-602), 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 producers of apricots in the production area and approximately 20 handlers subject to regulation under the marketing 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 having annual receipts of less than $7,000,000. The National Agricultural Statistics Service reported that in 2011 the Washington apricot total utilization (including both fresh and processed markets) of 3,900 tons sold for an average of $1,830 per ton. Consequently, the total farm-gate value in 2011 was approximately $7,132,000. Based on the number of producers in the production area (94), the 2011 average revenue from the sale of apricots is estimated at approximately $75,925 per producer. In addition, based on information from the USDA's Market News Service, 2011 f.o.b. prices for WA No. 1 apricots ranged from $20.00 to $26.00 per 24-pound loose-pack container, and from $22.00 to $30.00 for 2-layer tray-pack containers. Using average price and shipment information provided by the Committee, it is determined that each of the Washington apricot handlers currently ship less than $7,000,000 worth of apricots on an annual basis. In view of the foregoing, it can be concluded that the majority of producers and handlers of Washington apricots may be classified as small entities. This rule decreases the assessment rate established for the Committee and collected from handlers for the 2012-13 and subsequent fiscal periods from $1.50 to $0.50 per ton of apricots handled under the order's authority. The Committee also unanimously recommended 2012-13 expenditures of $4,695. With a 2012-13 Washington apricot crop estimate of 6,600 fresh market tons, the Committee anticipates assessment income of approximately $3,300. Income derived from handler assessments, along with funds from the Committee's monetary reserve, will be adequate to cover budgeted expenses for the 2012-13 fiscal period. At this assessment rate and expense level, the Committee's monetary reserve will approximate $2,573 by March 30, 2013, which is within the maximum permitted by the order of approximately one fiscal period's operational expenses (§ 922.42). The major expenditures recommended by the Committee for the 2012-13 fiscal period include $2,400 for the management fee; $1,300 for Committee travel; $750 for the annual audit review; and $245 for insurance, bonds, and miscellaneous expenses. In comparison, major expenditures for the 2011-12 fiscal period included $4,800 for the management service fee; $1,300 for travel; $100 for compliance; and $1,945 for audits, insurance and bonds, equipment maintenance, and miscellaneous expenses. Funds in the Committee's monetary reserve were $3,968 on March 31, 2012, and were within the order's limit of approximately one fiscal period's operational expenses. The Committee discussed alternatives to this rule, including alternative expenditure levels. Although lower assessment rates were considered, none were selected because they would not generate sufficient income to administer the order. Committee members also discussed reasons for and against regulatory suspension, order suspension, and termination of the order. The result of these discussions was the Committee's recommendation to decrease the assessment rate. The Committee also recommended suspension of the handling regulations, and that recommendation is being reviewed separately by USDA. A review of historical crop and price information, as well as preliminary information pertaining to the 2012-13 fiscal period, indicates that the producer price could average approximately $1,000 per ton for fresh Washington apricots. Therefore, the estimated assessment revenue for the 2012-13 fiscal period as a percentage of total producer revenue is 0.05 percent for Washington apricots. 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 Washington apricot 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 24, 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. No changes in those requirements as a result of this action are necessary. 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 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. 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 2012-13 fiscal period began on April 1, 2012, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable apricots handled during such fiscal period;

(2)the action decreases the assessment rate for assessable apricots beginning with the 2012-13 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 922 Apricots, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 922 is 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, 2012, an assessment rate of $0.50 per ton is established for the Washington Apricot Marketing Committee. Dated: November 30, 2012. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2012-29435 Filed 12-5-12; 8:45 am]

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