Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 62177

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Texas orange 

and grapefruit 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

An interim final rule concerning this 

action was published in the Federal 

Register on July 29, 2004 (69 FR 45231). 

Copies of that rule were also mailed or 

sent via facsimile to all orange and 

grapefruit handlers. Finally, the interim 

final rule was made available through 

the Internet by USDA and the Office of 

the Federal Register. A 60-day comment 

period was provided for interested 

persons to respond to the interim final 

rule. The comment period ended on 

September 27, 2004, and no comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber 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.

List of Subjects in 7 CFR Part 906 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements.

PART 906—ORANGES AND 

GRAPEFRUIT GROWN IN LOWER RIO 

GRANDE VALLEY IN TEXAS

■ Accordingly, the interim final rule 

amending 7 CFR part 906 which was 

published at 69 FR 45231 on July 29, 

2004, is adopted as a final rule without 

change.

Dated: October 19, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–23827 Filed 10–22–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Parts 922 and 923 

[Docket No. FV04–922–1 FIR] 

Decreased Assessment Rates for 

Specified Marketing Orders

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule which decreased the 

assessment rates established for the 

Washington Apricot Marketing 

Committee and the Washington Cherry 

Marketing Committee (Committees) for 

the 2004–2005 and subsequent fiscal 

periods. This final rule decreases the 

assessment rates established for the 

Committees from $3.00 to $2.50 per ton 

for Washington apricots and from $1.00 

to $0.75 per ton for Washington sweet 

cherries. The Committees are 

responsible for local administration of 

the marketing orders that regulate the 

handling of apricots and cherries grown 

in designated counties in Washington. 

Authorization to assess apricot and 

cherry handlers enables the Committees 

to incur expenses that are reasonable 

and necessary to administer the 

programs. The fiscal period for both 

marketing orders began April 1 and 

ends March 31. The assessment rates 

will remain in effect indefinitely unless 

modified, suspended, or terminated.

DATES: November 24, 2004.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Marketing 

Specialist, Northwest Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW., Third Avenue, 

Suite 385, Portland, OR 97204; 

telephone: (503) 326–2724, Fax: (503) 

326–7440; or George J. Kelhart, 

Technical Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; telephone: 

(202) 720–2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence SW., 

STOP 0237, Washington, DC 20250–

0237; telephone: (202) 720–2491, Fax: 

(202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 922 (7 CFR part 922) 

regulating the handling of apricots 

grown in designated counties in 

Washington, and Marketing Agreement 

and Order No. 923 (7 CFR part 923) 

regulating the handling of sweet 

cherries grown in designated counties in 

Washington, hereinafter referred to as 

the ‘‘orders.’’ The orders are effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’

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 orders 

now in effect, handlers in designated 

counties in Washington are subject to 

assessments. Funds to administer the 

orders are derived from such 

assessments. It is intended that the 

assessment rates as issued herein will be 

applicable to all assessable Washington 

apricots and Washington sweet cherries 

beginning April 1, 2004, and continue 

until amended, suspended, or 

terminated. This rule will not preempt 

any State or local laws, regulations, or 

policies, unless they present an 

irreconcilable conflict with this rule. 

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 continues to decrease the 

assessment rates established for the 

Committees for the 2004–2005 and 

subsequent fiscal periods from $3.00 to 

$2.50 per ton for Washington apricots 

and from $1.00 to $0.75 per ton for 

Washington sweet cherries. 

The orders provide authority for the 

Committees, with the approval of 

USDA, to formulate annual budgets of 

expenses and collect assessments from 

62178 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 

handlers to administer the program. The 

members of the Committees are 

producers and handlers of apricots and 

sweet cherries in designated counties in 

Washington. They are familiar with the 

Committees’ needs and with the costs 

for goods and services in their local 

areas and are thus in a position to 

formulate appropriate budgets and 

assessment rates. The assessment rates 

are formulated and discussed in public 

meetings. Thus, all directly affected 

persons have an opportunity to 

participate and provide input.

For the 2003–2004 and subsequent 

fiscal periods, the Washington Apricot 

Marketing Committee (Apricot 

Committee) recommended, and USDA 

approved, an assessment rate of $3.00 

per ton of apricots handled. This 

assessment rate was to continue in effect 

from fiscal period to fiscal period unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the Apricot 

Committee or other information 

available to USDA. 

The Apricot Committee met on May 

17, 2004, and unanimously 

recommended 2004–2005 expenditures 

of $10,594 and a decreased assessment 

rate of $2.50 per ton of assessable 

apricots handled. In comparison, last 

year’s budgeted expenditures were 

$10,559. The assessment rate of $2.50 is 

$0.50 lower than the rate previously in 

effect. Due to an anticipated increase in 

apricot production this season, the 

Apricot Committee recommended the 

assessment rate decrease to maintain the 

level of income at or near the level of 

expenses. 

The assessment rate recommended by 

the Apricot Committee was derived by 

dividing anticipated expenses by 

expected shipments of Washington 

apricots. Applying the $2.50 per ton rate 

of assessment to the Apricot 

Committee’s 4,350-ton crop estimate 

should provide $10,875 in assessment 

income. Thus, income derived from 

handler assessments will be adequate to 

cover the recommended 2004–2005 

budget of $10,594. Funds in the reserve 

($11,418 as of March 31, 2004), will be 

maintained at a level equal to 

approximately one fiscal period’s 

operational expenses as authorized by 

the order (§ 922.42.) 

For the 2003–2004 and subsequent 

fiscal periods, the Washington Cherry 

Marketing Committee (Cherry 

Committee) recommended, and the 

USDA approved, an assessment rate of 

$1.00 per ton of sweet cherries handled. 

This rate was to continue in effect from 

fiscal period to fiscal period unless 

modified, suspended, or terminated by 

USDA upon recommendation and 

information submitted by the Cherry 

Committee or other information 

available to USDA. 

The Cherry Committee met on May 

18, 2004, and unanimously 

recommended 2004–2005 expenditures 

of $72,297 and a decreased assessment 

rate of $0.75 per ton of assessable 

cherries handled. In comparison, last 

year’s budgeted expenditures were 

$71,865. The assessment rate of $0.75 is 

$0.25 lower than the rate previously in 

effect. Due to an anticipated increase in 

cherry production this season, the 

Cherry Committee recommended the 

assessment rate decrease in order to 

maintain the level of income near the 

level of expenses. 

The assessment rate recommended by 

the Cherry Committee was derived by 

dividing anticipated expenses by 

expected shipments of Washington 

sweet cherries. Applying the $0.75 per 

ton rate of assessment to the Cherry 

Committee’s 112,600-ton crop estimate 

should provide $84,450 in assessment 

income. Thus, income derived from 

handler assessments will be adequate to 

cover the recommended 2004–2005 

budget of $72,297. Funds in the reserve 

($58,970 as of March 31, 2004), will be 

kept within the maximum permitted by 

the order of approximately one fiscal 

period’s operational expenses (§ 923.42.) 

Both Committees are managed from 

the same office, thus combined major 

expenses recommended by the 

Committees for the 2004–2005 year 

include staff salaries ($50,572), rent and 

maintenance ($6,624), compliance 

($4,740), and Committee travel and 

compensation ($3,200). These budgeted 

expenses are the same as those 

approved for the 2003–2004 fiscal 

period. 

The assessment rates will continue in 

effect indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committees or other 

available information. 

Although these assessment rates are 

effective for an indefinite period, the 

Committees will continue to meet prior 

to or during each fiscal period to 

recommend budgets of expenses and 

consider recommendations for 

modification of the assessment rates. 

The dates and times of the Committees’

meetings are available from the 

Committees or USDA. The Committees’

meetings are open to the public and 

interested persons may express their 

views at these meetings. USDA will 

evaluate the Committees’

recommendations and other available 

information to determine whether 

modification of the assessment rates is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committees’ 2004–2005 budgets and 

those for subsequent fiscal periods will 

be reviewed and, as appropriate, 

approved by USDA. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this rule on small entities. Accordingly, 

AMS has prepared this final 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. Thus, both statutes have small 

entity orientation and compatibility.

There are approximately 272 apricot 

producers and 1,800 sweet cherry 

producers in designated counties in 

Washington. In addition, there are 

approximately 28 Washington apricot 

handlers and 69 Washington sweet 

cherry handlers subject to regulation 

under the respective marketing orders. 

Small agricultural producers are defined 

by the Small Business Administration 

(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 $5,000,000. 

Based on the total number of apricot 

producers (272), the most recent threeyear average fresh apricot production of 

3,975 tons (Apricot Committee records), 

and the most recent three-year average 

producer price of $355 per ton as 

reported by National Agricultural 

Statistics Service (NASS), average 

annual revenue per producer from the 

sale of apricots is approximately $5,188. 

In addition, based on Apricot 

Committee records and 2003 f.o.b. 

prices ranging from $10.50 to $12.50 per 

24-pound container as reported by 

USDA’s Market News Service (MNS), 

the entire Washington apricot industry 

handles less than $5,000,000 worth of 

apricots. Based on this, the majority of 

the apricot producers and handlers may 

be classified as small entities. 

Based on the total number of sweet 

cherry producers (1,800), the most 

recent three-year average fresh cherry 

production of 79,763 tons (Cherry 

Committee records), and the most recent 

three-year average producer price of 

$1,390 per ton as reported by NASS, the 

average annual revenue per producer 

Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 62179

from the sale of cherries is 

approximately $61,595. In addition, 

based on Cherry Committee records and 

an average 2003 f.o.b. price of $28.00 

per 20-pound container as reported by 

the MNS, 75 percent of the Washington 

cherry handlers ship under $5,000,000 

worth of cherries. In view of the 

foregoing, the majority of Washington 

cherry producers and handlers may be 

classified as small entities. 

This rule continues to decrease the 

assessment rates established for the 

Committees and collected from handlers 

for the 2004–2005 and subsequent fiscal 

periods from $3.00 to $2.50 per ton for 

apricots and from $1.00 to $0.75 per ton 

for sweet cherries. The Apricot 

Committee and the Cherry Committee 

unanimously recommended 2004–2005 

expenditures of $10,594 and $72,297, 

respectively. With the 2004–2005 crop 

estimates of 4,350 tons for apricots and 

112,600 tons for sweet cherries, the 

Committees anticipate assessment 

income of $10,875 and $84,450, 

respectively, which will be adequate to 

cover budgeted expenses for both 

programs. These assessment incomes 

will maintain the Committees’ reserve 

funds at or near the levels authorized by 

the orders of approximately one fiscal 

periods operational expenses (§§ 922.42 

and 923.42).

Both Committees are managed from 

the same office, thus combined major 

expenses recommended by the 

Committees for the 2004–2005 year 

include staff salaries ($50,572), rent and 

maintenance ($6,624), compliance 

($4,740), and Committee travel and 

compensation ($3,200). These budgeted 

expenses are the same as those 

approved for the 2003–2004 fiscal 

period. 

The Committees discussed 

alternatives to this rule, including 

alternative expenditure levels, but 

determined that the recommended 

expenses were reasonable and necessary 

to adequately cover program operations. 

Lower assessment rates were 

considered, but not recommended 

because they would not generate the 

income necessary to administer the 

programs. 

A review of historical information and 

information pertaining to the crop year 

indicates that the producer price for the 

2004–2005 season could range between 

$353 and $357 per ton for Washington 

apricots and between $1,230 and $1,550 

per ton for Washington sweet cherries. 

Therefore, the estimated assessment 

revenue for the 2004–2005 fiscal period 

as a percentage of total producer 

revenue could range between 0.70 and 

0.71 percent for Washington apricots 

and between 0.05 and 0.06 percent for 

Washington sweet cherries. 

This action continues to decrease 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 rates reduces the burden on 

handlers, and may reduce the burden on 

producers. In addition, the Committees’

meetings were widely publicized 

throughout the Washington apricot and 

Washington sweet cherry industries and 

all interested persons were invited to 

attend and participate in the 

Committees’ deliberations on all issues. 

Like all Committee meetings, the May 

17 and May 18, 2004, meetings were 

public meetings and all entities, both 

large and small, were able to express 

views on the issues. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Washington 

apricot or Washington sweet cherry 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

The interim final rule concerning this 

action was published in the Federal 

Register on July, 29, 2004 (69 FR 

45233). Copies of that rule were also 

mailed or sent via facsimile to all 

Committee members. Finally, the 

interim final rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. A 60-day 

comment period was provided for 

interested persons to respond to the 

interim final rule. The comment period 

ended on September 27, 2004. One 

comment was received during that 

period. The commenter questioned the 

understandability of the rule. The 

comment did not address the substance 

of the interim final rule. We believe that 

the rule is clear and understandable. 

Thus, no changes are made as a result 

of this comment. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ama.usda.gov/

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber 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 Committees 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.

List of Subjects 

7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 923 

Cherries, Marketing agreements, 

Reporting and recordkeeping 

requirements.

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON

PART 923—SWEET CHERRIES 

GROWN IN DESIGNATED COUNTIES 

IN WASHINGTON

■ Accordingly, the interim final rule 

amending 7 CFR parts 922 and 923 

which was published at 69 FR 45233 on 

July 29, 2004, is adopted as a final rule 

without change.

Dated: October 19, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–23826 Filed 10–22–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 86–ANE–7; Amendment 39–

13822; AD 2004–21–01] 

RIN 2120–AA64 

Airworthiness Directives; Hartzell 

Propeller Inc. (Formerly Hartzell 

Propeller Products Division) Model 

HC–B5MP–3( ) /M10282A( ) +6 Five 

Bladed Propellers; Correction

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Final rule; request for 

comments; correction 

SUMMARY: This document makes a 

correction to Airworthiness Directive 

(AD) 2004–21–01. That AD applies to 

certain Hartzell Propeller Inc. (formerly 

Hartzell Propeller Products Division) 

Model HC–B5MP–3( )/M10282A( )+6 

five bladed propellers. We published 

AD 2004–21–01 in the Federal Register

on October 14, 2004, (69 FR 60952). The 

amendment number in the Amendatory 

Language is incorrect. This document