Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-16-044.

     Title of Rule and Other Identifying Information: WAC 16-560-06001 Assessment rates.

     Hearing Location(s): W. L. Hansen Building, 105 South 18th Street, Yakima, WA, on Wednesday, November 14, 4:00 p.m.; and the Washington Apple Commission, 2900 Euclid Avenue, Wenatchee, WA, on Thursday, November 15, 4:00 p.m.

     Date of Intended Adoption: February 15, 2013.

     Submit Written Comments to: Kathleen Schmidt, 1719 Springwater Avenue, Wenatchee, WA 98801, e-mail Kathy@treefruitresearch.com, fax (509) 665-8271, by November 21, 2012.

     Assistance for Persons with Disabilities: Contact receptionist by November 7, 2012, TTY (360) 1-800-833-6388 or (360) 902-1976.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Establishment of an additional assessment for special projects on all commercial cherry and stone fruit produced in the state, pursuant to RCW 15.26.150. Establishment of the assessment requires approval by a majority of the cherry and stone fruit producers voting and will be conducted by the Washington state department of agriculture.

     Reasons Supporting Proposal: The assessment for special projects would provide funding for the establishment of contractual endowments with Washington State University to permanently expand and enhance the institution's capability to conduct research of specific interest to cherry and stone fruit producers in Washington state.

     Statutory Authority for Adoption: Chapters 15.26, 34.05 RCW.

     Statute Being Implemented: RCW 15.26.150.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Washington tree fruit research commission, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: James McFerson, 1719 Springwater Avenue, Wenatchee, WA 98801, (509) 665-8271.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

     A copy of the statement may be obtained by contacting Kathy Schmidt, 1719 Springwater Avenue, Wenatchee, WA 98801, phone (509) 665-8271, fax (509) 663-5827, e-mail kathy@treefruitresearch.com.

     A cost-benefit analysis is not required under RCW 34.05.328. The department of agriculture and the Washington tree fruit research commission are not named agencies in RCW 34.05.328 (5)(a)(i).

September 14, 2012

James R. McFerson

Manager

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 12-20 issue of the Register.