This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

35298

Vol. 65, No. 107

Friday, June 2, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1216

[FV–00–1216–PR]

Peanut Promotion, Research, and

Information Order; Amendment No. 1

To Add a Public Member to the

National Peanut Board

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would add a public

member and alternate to the National

Peanut Board (Board). The Board

administers the Peanut Promotion,

Research, and Information Order (Order)

under the supervision of the U.S.

Department of Agriculture (USDA or the

Department). This rule would also add

the authority for producers in minor

peanut-producing states to conduct

nominations by mail ballot, make

changes related to the addition of the

public member, and eliminate obsolete

language. The addition of a public

member is to provide for additional

input from the public and increase the

opportunity for diversity on the Board.

The other proposed changes are

intended to facilitate effective

administration of the program.

DATES: August 1, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposed rule to: Docket

Clerk, Research and Promotion Branch,

Fruit and Vegetable Programs (FV),

Agricultural Marketing Service (AMS),

USDA, Stop 0244, Room 2535–S, 1400

Independence Avenue, SW,

Washington, DC 20250–0244.

Comments should be submitted in

triplicate by August 1, 2000 and will be

made available for public inspection at

the above address during regular

business hours or on the Internet at

www.ams.usda.gov/fv/rpb.html.

Comments may also be submitted

electronically to:

Malinda.Farmer@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register. A

copy of this rule may be found at

www.ams.usda.gov/fv/rpdocketlist.htm.

Pursuant to the Paperwork Reduction

Act of 1995 (PRA), also send comments

regarding the accuracy of the burden

estimate, ways to minimize the burden,

including through the use of automated

collection techniques or other forms of

information technology, or any other

aspect of this collection of information,

to the above address. Comments

concerning the information collection

under the PRA should also be sent to

the Desk Officer for Agriculture, Office

of Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Daniel R. Williams II, Research and

Promotion Branch, FV, AMS, USDA,

Room 2535–S, Stop 0244, Washington,

DC 20250–0244; toll free telephone

number (888) 720–9917, or facsimile

(202) 205–2800.

SUPPLEMENTARY INFORMATION: The rule is

issued under the Peanut Promotion,

Research, and Information Order (Order)

(7 CFR part 1216). The Order is

authorized under the Commodity

Promotion, Research, and Information

Act of 1996 (Act) (Pub. L. 104–427, 7

U.S.C. 7401–7425).

Question and Answer Overview

Why Is USDA Proposing To Add a

Public Member to the National Peanut

Board?

A public member and alternate could

provide valuable feedback to the Board

in developing its consumer programs. In

addition, these non-industry positions

would increase the opportunity for

women, minorities, and persons with

disabilities to serve on the Board.

Why Is USDA Proposing To Allow

Producers in Minor Peanut-Producing

States To Nominate Persons To Serve as

the At-Large Member and Alternate of

the Board by Mail Ballot?

Allowing producers in minor peanutproducing states to make nominations

for the at-large member and alternate of

the Board by mail ballot would help

ensure grater participation in the

nomination process, particularly in

those states with a small number of

producers who are not located in close

proximity.

How Long Do I Have To Comment on

This Proposed Rule?

You have 60 days to comment on this

proposal. That means that your written

comments must be received by August

1, 2000. You may mail, fax, or e-mail

your comments. In addition, you have

60 days to provide written comments to

OMB on the paperwork burden

associated with this proposal. Those

comments must be received by the same

date.

Executive Orders 12866 and 12998 and

the Regulatory Flexibility Act

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. It is not intended to have

retroactive effect. Section 524 of the Act

provides that the Act shall not affect or

preempt any other Federal or State law

authorizing promotion or research

relating to an agricultural commodity.

Under Section 519 of the Act, a

person subject to the Order may file a

petition with the Secretary of

Agriculture (Secretary) stating that the

Order, any provision of the Order, or

any obligation imposed in connection

with the Order, is not established in

accordance with the law, and requesting

a modification of the Order or an

exemption from the Order. Any petition

filed challenging the Order, any

provision of the Order or any obligation

imposed in connection with the Order,

shall be filed within two years after the

effective date of the Order, provision or

obligation subject to challenge in the

petition. The petitioner will have the

opportunity for a hearing on the

petition. The Act provides that the

district court of the United States for

any district in which the petitioner

resides or conducts business shall be the

jurisdiction to review a final ruling on

the petition, if the petitioner files a

complaint for that purpose not later

than 20 days after the date of the entry

of the Secretary’s final ruling.

This rule has been determined not

significant for purposes of Executive

Order 12866 and therefore has not been

reviewed by the Office of Management

and Budget.

In accordance with the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.), the Agency has examined the

impact of the proposed rule on small

entities. The purpose of the RFA is to

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Proposed Rules 35299

fit regulatory actions to the scale of

businesses subject to such action so that

small businesses will not be

disproportionately burdened.

There are approximately 25,000

producers and 57 handlers of peanuts

who are subject to the program. Most

producers would be classified as small

businesses under the criteria established

by the Small Business Administration

(SBA) (13 CFR 121.201), and most of the

handlers would not be classified as

small businesses. The SBA defines

small agricultural handlers as those

whose annual receipts are less than $5

million, and small agricultural

producers are defined as those having

annual receipts of not more than

$500,000 annually.

This rule would add a public member

and alternate to the National Peanut

Board (Board), add the authority for

producers in minor peanut-producing

states to conduct nominations by mail

ballot, make changes related to the

addition of the public member, make

changes for the purpose of clarification

and consistency, and eliminate obsolete

language.

The information collection

requirements, as discussed below,

would be minimal. The addition of a

public member and authorizing

producers in minor peanut-producing

states to conduct nominations for the atlarge member and at-large alternate

members to the Board by mail ballot

would not impose a significant

economic burden on producers. In fact,

allowing producers in minor peanutproducing states to use mail balloting is

expected to facilitate greater

participation in the nomination process,

particularly in those states with a small

number of producers who are not

located in close proximity.

USDA has not identified any relevant

federal rules that duplicate, overlap, or

conflict with this rule.

Accordingly, the Administrator of

AMS has determined that this proposed

rule will not have a significant

economic impact on a substantial

number of small business entities.

We have performed this Initial

Regulatory Flexibility Analysis

regarding the impact of this proposed

rule on small entities, and invite

comments from interested persons

concerning the potential effects of the

proposed rule on small entities.

Paperwork Reduction Act

In accordance with OMB regulations

(5 CFR part 1320) which implement the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the background

information form, which represents the

information collection requirements that

may be imposed by this rule, were

submitted to OMB and have been

approved under OMB control number

0505–0001.

Title: Advisory Committee

Membership Background Information.

OMB Number: 0505–0001.

Expiration Date of Approval: July 31,

2002.

Type of Request: Revision of a

currently approved information

collection for research and promotion

programs.

Abstract: The information collection

requirements in this request are

essential to carry out the terms of the

proposed amendment. The burden

associated with the background

information form is as follows:

Estimate of Burden: Public reporting

burden for this collection of information

is estimated to average 0.50 hours per

response for each nominee.

Respondents: Public member and

alternate nominees.

Estimated Number of Respondents: 4.

Estimated Number of Responses per

Respondent: 1 every 3 years.

Estimated Total Annual Burden on

Respondents: 2 hours.

The estimated annual cost of

providing the information by an

estimated two nominees for public

member and two nominees for alternate

public member would be a total annual

cost of $20.00 or $5.00 per nominee.

The additional burden of four

respondents will be added to the

information collections approved for

use under OMB Number 0505–0001.

Comments are invited on: (a) Whether

the proposed collection of information

is necessary and whether it will have

practical utility; (b) the accuracy of

USDA’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumption used; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the collection of information

on those who are to respond, including

the use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology.

Comments concerning the

information collection requirements

contained in this action should

reference OMB No. 0581–0001, the

docket number, and the date and page

number of this issue of the Federal

Register. Comments should be sent to

the USDA Docket Clerk and the OMB

Desk Officer for Agriculture at the

addresses and within the times frames

specified above. All comments received

will be available for public inspection

during regular business hours at the

same address. All responses to this

notice will be summarized and included

in the request for OMB approval.

OMB is required to make a decision

concerning the collection of information

contained in this rule between 30 and

60 days after publication. Therefore, a

comment to OMB is best assured of

having its full effect if OMB receives it

within 30 days of publication.

The paperwork reduction

requirements for the use of mail ballots

within the minor peanut-producing

states would not increase the burden

previously submitted to and approved

by OMB. Therefore, no additional

burden will need approval concerning

the proposed change of using mail

ballots for nominations in minor

peanut-producing states. The estimated

annual cost of providing the information

by an estimated number of 35

respondents is $29.17 annually or $0.83

per respondent (35 respondents × .25

hour = 8.75 × $10.00 per hour = 87.50

dollars per hour/3 years = 29.17 dollars

per year)

Background

The Order became effective on July

30, 1999, after a national referendum

among all peanut producers. Under the

Order, peanut producers are assessed 1

percent of the total value of all farmers

stock peanuts, which generates about

$10 million in annual revenues. The

program is administered by the National

Peanut Board (Board) under USDA

supervision. The initial Board held its

first meeting in Washington, DC, in

March 2000.

The Board is composed of 10

members and 10 alternates, nominated

by producers and appointed by the

Secretary of Agriculture. There is one

member and alternate for each of the

nine primary peanut-producing states

and one at-large member and alternate

representing all other peanut-producing

states.

Currently, the nine major peanutproducing states are (in descending

order) Georgia, Texas, Alabama, North

Carolina, Florida, Virginia, Oklahoma,

New Mexico, and South Carolina. The

minor peanut-producing states are

Arizona, California, Louisiana,

Mississippi, and Tennessee.

This rule would add the authority for

the addition of a public member and

alternate public member to the Board,

add the authority for producers in minor

peanut-producing states to conduct

nominations by mail ballot, make

changes related to the addition of the

public member, make changes for the

purpose of clarification, and eliminate

obsolete language as explained below.

35300 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Proposed Rules

Section 1216.40(a) Establishment and

membership would be amended to add

the authority for a public member and

alternate to be appointed by the

Secretary from nominations submitted

by the Board and to provide eligibility

requirements for the public member and

alternate.

On December 15, 1999, the Secretary

of Agriculture’s Task Force (Task Force)

on Research and Promotion Programs

issued recommendations, which

covered numerous areas relating to the

operation of national commodity

promotion boards supervised by USDA.

One of the recommendations was that

all national boards should have at least

one public or consumer member.

Subsequently, the North Carolina Farm

Bureau and the National Farmers Union

requested that USDA amend the Order

to add a public member and alternate to

the Board.

Therefore, this rule would add a

public member and alternate to the

Board. The addition of the public

member and alternate would carry out

the recommendations of the Task Force.

The goal of the public member position

is to provide valuable feedback to the

board in developing its consumer

programs. The addition of a public

member and alternate would also

increase the opportunity for women,

minorities, and persons with disabilities

to serve on the Board. The section is

rewritten to remove language

concerning nominations. Such

information appears in § 1216.41.

Section 1216.41(a) Nominations

would be amended to authorize

producers in minor peanut-producing

states to conduct nominations for the atlarge member and at-large alternate

member of the Board by mail ballot.

This amendment would help ensure

greater participation in the nomination

process, particularly in those states with

a small number of producers who are

not located in close proximity. The

initial nomination meetings in Fall 1999

in the minor peanut-producing states for

the at-large member and alternate

member of the Board were not well

attended. In addition, the producer

associations in several of the minor

peanut-producing states requested that

they be allowed to conduct their

nominations by mail ballot. Based on

experience during the initial

nominations process, the Department

believes the option of conducting

nominations by mail ballot in the minor

peanut-producing states should be

available to the producers in these

states.

Paragraph (b) of § 1216.41 would be

revised to eliminate obsolete language

relating to the initial nominations to the

Board and to correct a typographical

error.

In addition, a new paragraph (f)

would be added to § 1216.41 to require

the Board to submit a minimum of two

nominees for the public member

position and a minimum of two

nominees for the alternate member

position by May 1 or such other date as

required by the Secretary. Further,

changes to § 1216.41 are made for clarity

and consistency of language.

Also related to the proposed addition

of a public member and alternate, a new

sentence would be added at the end of

§ 1216.42 Selection which states that the

Secretary shall select one public

member and one alternate public

member from all eligible nominations

submitted by the Board.

In addition, § 1216.45 Alternate

members would be amended to make

the references to Board members more

generic so that this provision would

cover the public member and alternate

as well as the producer members and

alternates.

Further, paragraph (b) of § 1216.46

Procedure would be revised to provide

that the public member has one vote

with a zero value of production at Board

meetings. This paragraph also would be

revised to increase the minimum

number of concurring votes for approval

of a Board motion from five to six

because the Board would have 11 rather

than 10 members. In addition, editorial

changes were made for the purpose of

clarity.

All written comments received in

response to this proposed rule by the

date specified will be considered prior

to finalizing this action.

List of Subjects in 7 CFR Part 1216

Administrative practice and

procedure, Advertising, Consumer

Information, Marketing agreements,

Peanut promotion, Reporting and

recordkeeping requirements.

PART 1216—PEANUT PROMOTION,

RESEARCH, AND INFORMATION

ORDER

For the reasons set forth in the

preamble, 7 CFR part 1216 is proposed

to be amended as follows:

1. The authority citation for part 1216

continues to read as follows:

Authority: 7 U.S.C. 7401–7425.

2. Revise § 1216.40(a) to read as

follows:

§ 1216.40 Establishment and membership.

(a) Establishment of a National Peanut

Board. There is hereby established a

National Peanut Board, hereinafter

called the Board, composed of 10

peanut producers, one public member,

and their alternates appointed by the

Secretary as follows:

(1) Ten producer members and

alternates. One member and one

alternate for each primary peanutproducing state and one at-large

member and one at-large alternate

representing, collectively, the minor

peanut-producing states.

(2) One public member and one

alternate member. The public member

and alternate member shall not

represent an agricultural interest and

shall not have a financial interest in, or

be associated with the production,

processing, financing, or marketing of

peanuts except as a consumer, nor shall

such members be a director, officer, or

employee of any firm so engaged.

* * * * *

3. Revise § 1216.41 to read as follows:

§ 1216.41 Nominations.

(a) All nominations authorized under

§ 1216.40 shall be submitted to the

Secretary by May 1 of the year in which

the terms of office expire, or such other

date as provided by the Secretary. A

minimum of two nominees must be

submitted for each vacancy.

(b) Producer members and alternates

representing the primary peanutproducing states shall be nominated by

eligible peanut producer organizations

within each state as certified pursuant

to § 1216.70. Each organization shall

select nominees at an open meeting

among peanut producers eligible to

serve on the Board.

(c) The at-large producer member and

alternate representing minor peanutproducing states shall be nominated by

eligible peanut producer organizations

or other organizations that include

peanut producers as part of their

membership as certified pursuant to

§ 1216.70. Each such organization may

select nominees at an open meeting

among peanut producers eligible to

serve on the Board or by mail ballot.

Any certified peanut producer

organization representing a minor

peanut-producing state may nominate

two eligible persons for each member

and two eligible persons for each

alternate member.

(d) The Board shall make the

nominations for the public member and

alternate member.

(e) The Board shall issue the call for

nominations by March 1 of each year or

such other date as provide by the

Secretary.

(f) The nomination meeting shall be

announced 30 days in advance:

(1) By utilizing available media or

public information sources, without

incurring advertising expense, to

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Proposed Rules 35301

publicize the dates, places, method of

voting, eligibility requirements, and

other pertinent information. Such

sources of publicity may include, but

are not limited to, print and radio; and

(2) By such other means as deemed

advisable.

(g) At nominations meetings,

Department personnel will be present to

oversee and to verify eligibility and

count ballots.

4. Revise § 1216.42 to read as follows:

§ 1216.42 Selection.

From the nominations, the Secretary

shall select the members of the Board

and alternates for each primary peanutproducing state. The Secretary shall

select one member and one alternate

from all nominations submitted by

certified peanut producer organizations

or other organizations representing

minor peanut-producing states. The

Secretary shall select one public

member and one alternate public

member from nominations submitted by

the Board.

5. Revise § 1216.45 to read as follows:

§ 1216.45 Alternate members.

An alternate member of the Board,

during the absence of the member shall

act in the place and stead of such

member and perform such duties as

assigned. In the event of death, removal,

resignation, or disqualification of any

member, the alternate for that member

shall act for the member until a

successor for such member is selected

and qualified. In the event that both the

member and the alternate member are

unable to attend a meeting, the Board

may not designate any other alternate to

serve in such member’s or alternate’s

place and stead for such a meeting.

6. Revise paragraph (b) of § 1216.46 to

read as follows:

§ 1216.46 Procedure.

* * * * *

(b) At assembled meetings, all votes

shall be cast in person. Producer

member votes shall be weighted by

value of production. The vote of

producer members from primary

peanut-producing states shall be

weighted by the primary peanutproducing state’s three-year running

average of total gross farm income

derived from all peanut sales. The atlarge producer member’s vote shall be

weighted by the collective value of

production from the three-year running

average of total gross farm income

derived from all peanut sales in all

minor peanut-producing states. The

public member shall have one vote. Any

Board action shall require the

concurring votes of members or

alternates from states representing more

than 50 percent of total U.S. gross farm

income derived from all peanut sales,

plus an additional two votes from any

other Board members, provided a

minimum of six votes concur.

* * * * *

Dated: May 26, 2000.

Kathleen A. Merrigan,

Administrator, Agricultural Marketing

Service.

[FR Doc. 00–13783 Filed 6–1–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ASO–21]

Proposed Establishment of Class E

Airspace; Columbia, KY

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This action proposes to

establish Class E airspace at Columbia,

KY. A Global Positioning System (GPS)

Standard Instrument Approach

Procedure (SIAP), helicopter point in

space approach, has been developed for

Westlake Regional Hospital. As a result,

controlled airspace extending upward

from 700 feet Above Ground Level

(AGL) is needed to accommodate the

SIAP.

DATES: Comments must be received on

or before July 3, 2000.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Docket No.

00–ASO–21, Manager, Airspace Branch,

ASO–520, P.O. Box 20636, Atlanta,

Georgia 30320.

The official docket may be examined

in the Office of the Regional Counsel for

Southern Region, Room 550, 1701

Columbia Avenue, College Park, Georgia

30337, telephone (404) 305–5627.

FOR FURTHER INFORMATION CONTACT:

Nancy B. Shelton, Manager, Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, P.O. Box

20636, Atlanta, Georgia 30320;

telephone (404) 305–5627.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this action must submit

with those comments a self-addressed,

stamped postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 00–

ASO–21.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received before the specified closing

date for comments will be considered

before taking action on the proposed

rule. The proposal contained in this

action may be changed in light of the

comments received. All comments

submitted will be available for

examination in the Office of the

Regional Counsel for Southern Region,

Room 550, 1701 Columbia Avenue,

College Park, Georgia 30337, both before

and after the closing date for comments.

A report summarizing each substantive

public contact with FAA personnel

concerned with this rulemaking will be

filed in the docket.

Availability of NPRMs

Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM)

by submitting a request to the Federal

Aviation Administration, Manager,

Airspace Branch, ASO–520, Air Traffic

Division, P.O. Box 20636, Atlanta,

Georgia 30320. Communications must

identify the docket number of this

NPRM. Persons interested in being

placed on a mailing list for future

NPRMs should also request a copy of

Advisory Circular No. 11–2A which

describes the application procedure.

The Proposal

The FAA is considering an

amendment to part 71 of the Federal

Aviation Regulations (14 CFR part 71) to

establish Class E airspace at Columbia,

KY. A GPS SIAP, helicopter point in

space approach, has been developed for

Westlake Regional Hospital. Controlled

airspace extending upward from 700

feet AGL is needed to accommodate the

SIAP. Class E airspace designations for

airspace areas extending upward from

700 feet or more above the surface are

published in Paragraph 6005 of FAA

Order 7400.9G, dated September 1,

1999, and effective September 16, 1999,