This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

30525

Vol. 65, No. 93

Friday, May 12, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV00–989–2 FR]

Raisins Produced From Grapes Grown

in California; Increase in

Compensation Rate for Handlers’

Services Performed Regarding

Reserve Raisins

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule increases, by

approximately 15 percent, the

compensation rate for handlers’ services

performed in connection with reserve

raisins covered under the Federal

marketing order for California raisins

(order). The order regulates the handling

of raisins produced from grapes grown

in California and is administered locally

by the Raisin Administrative Committee

(Committee). These changes are

necessary to reflect current industry

costs.

EFFECTIVE DATE: August 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Maureen T. Pello, Marketing Specialist,

California Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone: (559) 487–5901, Fax: (559)

487–5906; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, or Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491, Fax: (202)

720–5698; or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement and Order No. 989 (7 CFR

part 989), both as amended, regulating

the handling of raisins produced from

grapes grown in California, 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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. 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 the Secretary 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. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing, the Secretary 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 in

equity to review the Secretary’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 final rule increases the

compensation rate for handlers’ services

performed in connection with reserve

raisins covered under the order. Under

the order, handlers are compensated for

receiving, storing, fumigating, and

handling reserve tonnage raisins

acquired during a crop year. This rule

increases this rate from $40 to $46 per

ton to reflect current industry costs.

This action was unanimously

recommended by the Committee on

November 10, 1999. Additional

payment for reserve raisins held beyond

the crop year of acquisition will be

increased from $2.00 to $2.30 per ton for

the first 3 months, and from $1.03 to

$1.18 per ton per month for the

remaining 9 months. This action was

unanimously recommended by the

Committee on January 13, 2000.

The order provides authority for

volume regulation designed to promote

orderly marketing conditions, stabilize

prices and supplies, and improve

producer returns. When volume

regulation is in effect, a certain

percentage of the California raisin crop

may be sold by handlers to any market

(free tonnage) while the remaining

percentage must be held by handlers in

a reserve pool (or reserve) for the

account of the Committee. Reserve

raisins are disposed of through certain

programs authorized under the order.

For instance, reserve raisins may be sold

by the Committee to handlers for free

use; used in diversion programs; carried

over as a hedge against a short crop the

following year; or disposed of in other

outlets not competitive with those for

free tonnage raisins, such as government

purchase, distilleries, or animal feed.

Proceeds generated from sales of reserve

raisins are also used to support handler

sales to export markets, which are

generally lower-priced than the

domestic market. Net proceeds from

sales of reserve raisins are distributed to

the reserve pool’s equity holders,

primarily producers.

Section 989.66(f) of the order specifies

that handlers be compensated for

receiving, storing, fumigating, and

handling that tonnage of reserve raisins

determined by the reserve percentage of

a crop year and held by them for the

account of the Committee, in

accordance with a schedule of payments

established by the Committee and

approved by the Secretary. Such

compensation is paid by the Committee

to handlers as soon as practicable after

the end of the second quarter of the crop

year (January) and quarterly thereafter.

The crop year runs from August 1

through July 31. The order also requires

that the Committee review this rate

annually.

Section 989.401(a) of the order’s rules

and regulations specifies that handlers

be compensated at a rate of $40 per ton

30526 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Rules and Regulations

(natural condition weight at the time of

acquisition) for receiving, storing,

fumigating, and handling reserve raisins

acquired during a particular crop year.

The Committee conducted a survey

among handlers to obtain data on the

current costs of receiving, storing,

fumigating, and handling raisins. The

survey showed that such costs ranged

from about $40 to $71.50 per ton. After

analyzing the survey, the Committee

recommended that the compensation

rate provided for such services

performed in connection with reserve

raisins be increased from $40 to $46 per

ton to reflect current industry costs.

Paragraph (a)(1) of § 989.401 is modified

accordingly.

In addition, the Committee

recommended that payment to handlers

for reserve raisins held beyond the end

of a crop year be increased by the same

percentage (15 percent). Additional

payment for reserve raisins held beyond

the crop year of acquisition is thus

increased from $2.00 to $2.30 per ton for

the first 3 months (August through

October), and from $1.03 to $1.18 per

ton per month for the remaining 9

months (November through July).

Paragraph (b) of § 989.401 is modified

accordingly.

This final rule also makes a minor

correction to paragraph (b) of § 989.401.

That paragraph, which, as indicated

above, specifies the additional payment

for reserve raisins held beyond the crop

year of acquisition, states such

additional payment for months

reflecting a crop year from September 1

through August 31. However, the order

was amended in 1976 to change the

crop year from August 1 through July

31. Thus, the first 3 months of the crop

year are August through October, rather

than September through November, and

the remaining 9 months of the crop year

are the period November through July.

Paragraph (b) of § 989.401 is modified

accordingly.

Finally, this final rule makes a

conforming change to paragraph (c) of

§ 989.401 regarding rental payment on

boxes and bins containing raisins held

beyond the crop year of acquisition.

Persons who furnish boxes or bins used

for storing reserve raisins are

compensated for the use of such

containers. Section 989.401(c) currently

reflects a crop year from September 1

through August 31 and is modified to

reflect the current August 1 through July

31 crop year.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action 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 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 20 handlers

of California raisins who are subject to

regulation under the order and

approximately 4,500 raisin producers in

the regulated area. Small agricultural

service firms have been defined by the

Small Business Administration (13 CFR

121.201) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those having annual receipts of less than

$500,000. Thirteen of the 20 handlers

have annual sales estimated to be at

least $5,000,000, and the remaining 7

handlers have sales less than

$5,000,000, excluding receipts from any

other sources. No more than 7 handlers

and a majority of producers of California

raisins may be classified as small

entities.

Pursuant to § 989.66(f) of the order,

this rule increases the compensation

rate for handlers’ services performed in

connection with reserve raisins covered

under the order. This rule revises

paragraphs (a)(1) and (b) of § 989.401,

respectively, to increase the handlers’

compensation for receiving, storing,

fumigating, and handling reserve raisins

acquired during a particular crop year

from $40 to $46 per ton, and increases

such additional payment for reserve

raisins held beyond the crop year of

acquisition from $2.00 to $2.30 per ton

for the first 3 months (August through

October), and from $1.03 to $1.18 per

ton per month for the remaining 9

months (November through July). These

changes are necessary to reflect current

industry costs. Conforming changes are

also made to paragraphs (b) and (c) of

§ 989.401 to reflect the current August 1

through July 31 crop year.

Regarding the impact of this rule on

affected entities, handlers and

producers, the order provides that

handlers store reserve raisins for the

account of the Committee. Net proceeds

from sales of such reserve raisins are

distributed back to the reserve pool’s

equity holders, primarily producers.

Handlers are compensated from reserve

pool funds for their costs in receiving,

storing, fumigating, and handling

reserve raisins. Currently, handlers are

compensated at a rate of $40 per ton for

reserve raisins acquired during a

particular crop year. For example, for

the 1997–98 crop year, about 130,000

tons of raisins were held in reserve, and

handlers were compensated a total of

about $5.7 million from the 1997–98

reserve pool. A Committee survey

showed that handler costs regarding

reserve raisins has increased in recent

years and that handlers have been

absorbing these costs. Increasing the $40

per ton fee to $46 per ton for reserve

raisins acquired during a particular crop

year more appropriately reflects the

costs incurred by handlers and thereby

reduces net proceeds to equity holders.

There should be no disproportionate

impact of this action on small entities.

Costs are allocated to equity holders

based on their proportionate share of

raisins in the reserve pool. In addition,

this cost is incorporated into the price

of reserve raisins that are sold to

handlers for free use. Thus, the reserve

pool is ultimately reimbursed for some

of this cost.

Other alternatives to the rates adopted

herein were considered by the raisin

industry prior to the Committee’s

recommendations. The Committee’s

Administrative Issues Subcommittee

met on November 9, 1999, and

considered rates of $44 and $50 per ton

for services performed in connection

with reserve raisins acquired during a

crop year. Ultimately, the Committee

concluded that the $46 per ton rate for

services performed during the year of

acquisition, and comparable rates for

the succeeding crop year, were

appropriate.

This final rule increases the

compensation rate for handlers’ services

regarding reserve tonnage raisins.

Accordingly, this action imposes no

additional reporting or recordkeeping

requirements on either small or large

raisin 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. Finally, the Department

has not identified any relevant Federal

rules that duplicate, overlap or conflict

with this rule.

In addition, the Committee’s

Administrative Issues Subcommittee

meeting on November 9, 1999, and the

Committee meetings on November 10,

1999, and on January 13, 2000, where

this action was deliberated were all

public meetings widely publicized

throughout the raisin industry. All

interested persons were invited to

attend the meetings and participate in

the industry’s deliberations.

Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Rules and Regulations 30527

A proposed rule concerning this

action was published in the Federal

Register on February 9, 2000 (65 FR

6341). Copies of the rule were mailed by

the Committee staff to all Committee

members and alternates, the Raisin

Bargaining Association, handlers, and

dehydrators. In addition, the rule was

made available through the Internet by

the Office of the Federal Register. That

rule provided for a 60-day comment

period which ended April 10, 2000. No

comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

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

matter 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 989

Grapes, Marketing agreements,

Raisins, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 989 is amended as

follows:

PART 989—RAISINS PRODUCED

FROM GRAPES GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

part 989 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 989.401, paragraphs (a)(1), (b),

and (c) are revised to read as follows:

§ 989.401 Payments for services

performed with respect to reserve tonnage

raisins.

(a) Payment for crop year of

acquisition. (1) Receiving, storing,

fumigating, and handling. Each handler

shall be compensated at a rate of $46 per

ton (natural condition weight at the time

of acquisition) for receiving, storing,

fumigating, and handling the reserve

tonnage raisins, as determined by the

final reserve tonnage percentage,

acquired during a particular crop year

and held by the handler for the account

of the Committee during all or any part

of the same crop year.

* * * * *

(b) Additional payment for reserve

tonnage raisins held beyond the crop

year of acquisition. Additional payment

for reserve tonnage raisins held beyond

the crop year of acquisition shall be

made in accordance with this

paragraph. Each handler holding such

raisins for the account of the Committee

on August 1 shall be compensated for

storing, handling, and fumigating such

raisins at the rate of $2.30 per ton per

month, or any part thereof, between

August 1 and October 31, and at the rate

of $1.18 per ton per month, or any part

thereof, between November 1 and July

31. Such services shall be completed so

that the Committee is assured that the

raisins are maintained in good

condition.

(c) Payment of rental on boxes and

bins containing raisins held beyond the

crop year of acquisition. Payment of

rental on boxes and bins containing

reserve tonnage raisins held beyond the

crop year of acquisition shall be made

in accordance with this paragraph. Each

handler, producer, dehydrator, and

other person who furnishes boxes or

bins in which such raisins are held for

the account of the Committee on August

1 shall be compensated for the use of

such boxes and bins. The rate of

compensation shall be: For boxes, two

and one-half cents per day, not to

exceed a total payment of $1 per box per

year, per average net weight of raisins in

a sweatbox, with equivalent rates for

raisins in boxes other than sweatboxes;

and for bins 20 cents per day per bin,

not to exceed a total of $10 per bin per

year. For purposes of this paragraph,

box means any container with a

capacity of less than 1,000 pounds, and

bin means any container with a capacity

of 1,000 pounds or more. The average

net weight of raisins in each type of box

shall be the industry average as

computed by the Committee for the box

in which the raisins are so held. No

further compensation shall be paid

unless the raisins are so held in the

boxes on the succeeding August 1.

Dated: May 8, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–11922 Filed 5–11–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

12 CFR Parts 563, 563c, and 563g

[No. 2000–43]

RIN 1550–AB38

Transfer and Repurchase of

Government Securities

AGENCY: Office of Thrift Supervision,

Treasury.

ACTION: Direct Final Rule: confirmation

of effective date.

SUMMARY: This document confirms the

effective date of the direct final rule

removing the Office of Thrift

Supervision’s regulation on the transfer

and repurchase of government

securities. We did not receive any

written adverse comments in response

to the direct final rule.

EFFECTIVE DATE: The direct final rule,

published on March 28, 2000 (65 FR

16302–305), is effective May 30, 2000.

FOR FURTHER INFORMATION CONTACT: Ed

O’Connell, (202) 906–5694, Project

Manager, Supervision Policy: or Teresa

Scott (202) 906–6478, Counsel (Banking

and Finance), Regulations and

Legislation Division, Chief Counsel’s

Office, Office of Thrift Supervision,

1700 G Street, NW., Washington DC

20552.

Authority: 12 U.S.C. 375b, 1462, 1462a,

1463, 1464, 1467a, 1468, 1817, 1820, 1828,

1831i, 3806; 15 U.S.C. 78c(b), 78l, 78m, 78n,

78p, 78w; 42 U.S.C. 4106.

Dated: May 8, 2000.≤

By the Office of Thrift Supervision.

Ellen Seidman,

Director.

[FR Doc. 00–11910 Filed 5–11–00; 8:45 am]

BILLING CODE 6720–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NE–04–AD; Amendment

39–11723; AD 2000–09–14]

RIN 2120–AA64

Airworthiness Directives; Rolls-Royce

plc RB211–535 Series Turbofan

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is