Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35265

2Requirements under all other applicable Federal

domestic plant quarantines and regulations must

also be met.

(2) The designation of less than the

entire State as a quarantined area will

prevent the interstate spread of plum

pox.

(b) The Administrator or an inspector

may temporarily designate any

nonquarantined area in a State as a

quarantined area in accordance with

paragraph (a) of this section. The

Administrator will give a copy of this

regulation along with a written notice

for the temporary designation to the

owner or person in possession of the

nonquarantined area. Thereafter, the

interstate movement of any regulated

article from an area temporarily

designated as a quarantined area will be

subject to this subpart. As soon as

practicable, this area will be added to

the list in paragraph (c) of this section

or the designation will be terminated by

the Administrator or an inspector. The

owner or person in possession of an area

for which the quarantine designation is

terminated will be given notice of the

termination as soon as practicable.

(c) The areas described below are

designated as quarantined areas:

Pennsylvania

Adams County. The townships of Latimore

and Huntington.

§ 301.74–4 Conditions governing the

interstate movement of regulated articles

from quarantined areas.

The interstate movement of any

regulated article from a quarantined

area 2 is prohibited except when:

(a) The regulated article is moved by

the United States Department of

Agriculture:

(1) For an experimental or scientific

purpose;

(2) Pursuant to a Departmental permit

issued by the Administrator for the

regulated article;

(3) Under conditions specified on the

Departmental permit and found by the

Administrator to be adequate to prevent

the spread of plum pox; and

(4) With a tag or label bearing the

number of the Departmental permit

issued for the regulated article attached

to the outside of the container of the

regulated article or attached to the

regulated article itself if not in a

container; or

(b) The regulated article originated

outside the quarantined area and:

(1) Is moved in an enclosed vehicle or

is completely enclosed by a covering

(such as canvas, plastic, or other closely

woven cloth) adequate to prevent access

by aphids or other transmission agents

of plum pox while in the quarantined

area;

(2) The regulated article’s point of

origin is indicated on the waybill; and

(3) The regulated article must not be

uncovered, unpacked, or unloaded

while moving through the quarantined

area.

Done in Washington, DC, this 30th day of

May 2000.

William R. DeHaven,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–13931 Filed 6–1–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. FV00–930–4 IFR]

Tart Cherries Grown in the States of

Michigan, et al.; Authorization of Japan

as an Eligible Export Outlet for

Diversion and Exemption Purposes

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

authorizes Japan as an eligible export

market under the diversion and

exemption provisions of the Federal tart

cherry marketing order (order).

Currently, shipments to Canada,

Mexico, or Japan do not qualify for

diversion credit and may not be

approved as exempt uses. The Cherry

Industry Administrative Board (Board)

recommended allowing shipments to

Japan to qualify as exempt use

shipments and to be eligible for

diversion credit. The order regulates the

handling of tart cherries grown in the

States of Michigan, New York,

Pennsylvania, Oregon, Utah,

Washington, and Wisconsin and is

administered locally by the Board.

DATES: Effective June 5, 2000; comments

received by August 1, 2000 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, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456, Fax: (202) 720–5698 or

E-mail: moab.docketclerk@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Petrella or Kenneth G.

Johnson, DC Marketing Field Office,

Fruit and Vegetable Programs, AMS,

USDA, Suite 5D03, Unit 155, 4700 River

Road, Riverdale, Maryland 20737,

telephone: (301) 734–5243; Fax: (301)

734–5275; 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, 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 rule

is issued under Marketing Agreement

and Order No. 930 (7 CFR part 930)

regulating the handling of tart cherries

grown in the States of Michigan, New

York, Pennsylvania, Oregon, Utah,

Washington, and Wisconsin, hereinafter

referred to as the ‘‘order.’’ This 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 or USDA) is issuing this

rule in conformance with Executive

Order 12866.

This 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

35266 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after date of the entry

of the ruling.

This rule authorizes shipments of tart

cherries to Japan to qualify as exempt

use shipments and to be eligible for

diversion credit. Currently, exports to

countries other than Canada, Mexico, or

Japan may receive diversion credit, and

may qualify as exempt shipments. Japan

has not been eligible for diversion and

exemption in the past because,

according to the Board, tart cherry

markets were well established in that

country. The Board, at its March 2,

2000, meeting, recommended allowing

Japan to become an eligible export

outlet for diversion credit and exempt

uses in order to stimulate export sales

to that country. This is because exports

to Japan have greatly decreased.

The order authorizes the use of

volume regulation. In years when

volume regulation is implemented to

stabilize supplies, a certain percentage

of the cherry crop is required to be set

aside as restricted tonnage, and the

balance may be marketed freely as free

tonnage. The restricted tonnage is

required to be maintained in handlerowned inventory reserve pools.

Handlers in volume regulated States

may fulfill their restricted tonnage

requirements with diversion credits

earned by diverting cherries or cherry

products. Handlers are permitted to

divert (at plant or with grower-diversion

certificates from growers choosing not to

deliver their crop) as much of their

restricted percentage (reserve pool)

requirements as they deem appropriate.

Handlers also may divert cherries by

using cherries or cherry products for

exempt purposes, including the

development of export markets.

Presently, these markets do not include

Canada, Mexico, and Japan.

Section 930.62 of the order

(Exemptions) provides that cherries

which are diverted in accordance with

§ 930.59, which are used for new

product and new market development,

which are used for experimental

purposes, or which are used for any

other purposes designated by the Board,

including cherries processed into

products for markets for which less than

5 percent of the preceding 5-year

average production of cherries was

utilized, may be exempted from the

assessment, quality control, volume

regulation, and reserve provisions of the

order.

Currently, § 930.162 of the rules and

regulations under the order authorizes

exemptions for the sale of cherries and

cherry products, including the

development of sales for new and

different tart cherry products or the

expansion of sales for existing tart

cherry products, to countries other than

Canada, Mexico, and Japan.

When the Board initially

recommended regulations for exempt

uses and handler diversion in 1997,

exports to Japan were at an average of

3.0 million pounds. The industry

considered Japan, as well as Canada and

Mexico, to be premium markets for tart

cherries, not outlets for which

exemptions and diversion credit could

be given. However, in 1998, sales to

Japan fell to 1.6 million pounds. The

Board therefore recommended that

exports to Japan be eligible for diversion

and exemption. This, in the Board’s

opinion, would provide incentive for

handlers to make shipments to that

country and stimulate market activity.

The Regulatory Flexibility Act and

Effects on Small Businesses

The Agricultural Marketing Service

(AMS) has considered the economic

impact of this action on small entities

and has prepared this initial regulatory

flexibility analysis. The Regulatory

Flexibility Act (RFA) would allow AMS

to certify that regulations do not have a

significant economic impact on a

substantial number of small entities.

However, as a matter of general policy,

AMS’ Fruit and Vegetable Programs

(Programs) no longer opt for such

certification, but rather perform

regulatory flexibility analyses for any

rulemaking that would generate the

interest of a significant number of small

entities. Performing such analyses shifts

the Programs’ efforts from determining

whether regulatory flexibility analyses

are required to the consideration of

regulatory options and economic or

regulatory impacts.

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 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 40 handlers

of tart cherries who are subject to

regulation under the order and

approximately 900 producers of tart

cherries in the regulated area. Small

agricultural service firms, which

include handlers, 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. The majority of tart

cherry producers and handlers may be

classified as small entities.

The principal demand for tart cherries

is in the form of processed products.

Tart cherries are dried, frozen, canned,

juiced, and pureed. During the period

1995/96 through 1999/00,

approximately 90 percent of the U.S.

tart cherry crop, or 280.3 million

pounds, was processed annually. Of the

280.3 million pounds of tart cherries

processed, 63 percent was frozen, 29

percent was canned and 8 percent was

utilized for juice. Exports to Japan in

1998 were 1.6 million pounds.

This rule authorizes tart cherry

shipments to Japan to qualify as exempt

use shipments and to be eligible for

diversion credit. The objective of this

action is to stimulate and expand sales

of tart cherries to that country.

Authority for this action is found in

§§ 930.59 and 930.62.

The impact of this rule would be

beneficial to growers and handlers. It

would assist growers to market a greater

proportion of their crop to handlers who

have access to export markets. Handlers,

instead of diverting product at-plant or

in-orchard or placing product in

reserves, could ship product to Japan

and receive diversion certificates that

could be used to offset any restricted

percentage obligations. Handlers also

would benefit from this action as they

would be able to process greater

amounts of tart cherries, as a result of

receiving more product from growers for

shipment to Japan, through their

facilities, thus spreading their operation

costs and increasing returns to growers.

One alternative to this action would

be to continue to disallow exemptions

and diversion credit for shipments to

Japan. However, this would not be

favorable to cherry growers and

handlers and could cause a further

decline in the Japanese market.

This rule would not impose any

additional recordkeeping requirements

on either small or large tart 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

sectors. In addition, the Department has

not identified any relevant Federal rules

which duplicate, overlap or conflict

with this rule.

In compliance with Office of

Management and Budget (OMB)

regulations (5 CFR part 1320) which

implement the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35), the

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35267

information collection and

recordkeeping requirements imposed by

this order have been previously

approved by OMB and assigned OMB

Number 0581–0177.

The Board’s meetings were widely

publicized throughout the tart cherry

industry and all interested persons were

invited to attend them and participate in

Board deliberations. Like all Board

meetings, the March 2000 meeting was

a public meeting and all entities, both

large and small, were able to express

their views on these issues. The Board

itself is composed of 18 members, of

which 17 members are growers and

handlers and one represents the public.

Also, the Board has a number of

appointed committees to review certain

issues and make recommendations.

Finally, interested persons are invited

to submit information on the regulatory

and informational impacts of this action

on small businesses.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following website:

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.

This rule invites comments on

authorizing Japan as an eligible export

outlet for purposes of the diversion and

exemption provisions under the order.

After consideration of all relevant

material presented, including the

Board’s recommendation, and other

information, it is found that this interim

final 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) This rule relaxes

requirements by providing an additional

opportunity for handlers to receive an

exemption or diversion credit; (2) the

Board needs this rule to be in place by

July 1, 2000, so handlers can take

advantage of this option; (3) the Board

recommended this change at a public

meeting and interested parties had an

opportunity to provide input; and (4)

this rule provides a 60-day comment

period and any comments received will

be considered prior to finalization of

this rule.

List of Subjects in 7 CFR Part 930

Marketing agreements, Reporting and

recordkeeping requirements, Tart

cherries.

For the reasons set forth in the

preamble, 7 CFR part 930 is amended as

follows:

PART 930—TART CHERRIES GROWN

IN THE STATES OF MICHIGAN, NEW

YORK, PENNSYLVANIA, OREGON,

UTAH, WASHINGTON, AND

WISCONSIN

1. The authority citation for 7 CFR

part 930 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 930.159 [Amended]

2. In § 930.159, paragraph (a) is

amended by removing the word ‘‘Japan’’

and adding the word ‘‘and’’ in between

the words ‘‘Canada’’ and ‘‘Mexico’’.

§ 930.162 [Amended]

3. In § 930.162, paragraph (a) and

paragraph (b)(3) are amended by

removing the word ‘‘Japan’’ and adding

the word ‘‘and’’ in between the words

‘‘Canada’’ and ‘‘Mexico’’.

Dated: May 26, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–13782 Filed 6–1–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–CE–21–AD; Amendment

39–11753; AD 2000–11–05]

RIN 2120–AA64

Airworthiness Directives; Air Tractor

Incorporated Models AT–301, AT–401,

and AT–501 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Air Tractor

Incorporated (Air Tractor) Models AT–

301, AT–401, and AT–501 airplanes that

are equipped with a 3⁄16-inch thick

aluminum fin front spar fitting and an

all metal rudder. This AD requires that

you repetitively inspect the vertical fin

front spar attachment fittings for fatigue

cracks, and rework the vertical fin if any

cracks are found. This AD is the result

of reports of a vertical fin front spar

fitting failure on a Model AT–401

airplane. The actions specified by this

AD are intended to detect and correct

cracks in the vertical fin front spar

attachment fittings, which could result

in failure of the vertical fin. This

condition could lead to loss of

directional control and eventual loss of

airplane control.

DATES: This AD becomes effective on

June 23, 2000.

The Director of the Federal Register

previously approved the incorporation

by reference of Snow Engineering

Company Service Letter #138, Revised

August 7, 1996, as of August 25, 1997.

The Director of the Federal Register

approved the incorporation by reference

of Snow Engineering Company Service

Letter #196, Revised March 7, 2000, as

of June 23, 2000.

The Federal Aviation Administration

(FAA) must receive any comments on

this rule on or before July 28, 2000.

ADDRESSES: Submit comments in

triplicate to FAA, Central Region, Office

of the Regional Counsel, Attention:

Rules Docket No. 2000–CE–21–AD, 901

Locust, Room 506, Kansas City,

Missouri 64106.

You may get the service information

referenced in this AD from Air Tractor

Incorporated, P.O. Box 485, Olney,

Texas 76374. You may examine this

information at FAA, Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 2000–CE–

21–AD, 901 Locust, Room 506, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rob

Romero, Aerospace Engineer, Airplane

Certification Office, FAA, 2601

Meacham Boulevard, Fort Worth, Texas

76137; telephone: (817) 222–5102;

facsimile: (817) 222–5960.

SUPPLEMENTARY INFORMATION:

Discussion

What events have caused this AD?

The FAA has received a report of an

incident involving an Air Tractor Model

AT–401 airplane. The following

describe this incident:

1. The vertical fin front spar plate

cracked and caused failure of the

vertical fin front spar fitting;

2. The rear spar consequently failed

and the fin contacted the elevator,

which caused difficulty in controlling

the airplane; and

3. The front spar failure occurred in

the 3⁄16-inch thick aluminum fin front

spar fitting across one of the bolt holes

where the fitting attaches to the fuselage

frame.