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

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

35561

Vol. 65, No. 108

Monday, June 5, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 915

[Docket No. FV00–915–2 FR]

Avocados Grown in South Florida;

Increased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule increases the

assessment rate established for the

Avocado Administrative Committee

(Committee) for the 2000–2001 and

subsequent fiscal periods from $0.16 per

55-pound bushel container or

equivalent to $0.19 per 55-pound bushel

container or equivalent of avocados

handled. The Committee is responsible

for local administration of the marketing

order, which regulates the handling of

avocados grown in South Florida.

Authorization to assess avocado

handlers enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The fiscal period began on April 1 and

ends March 31. The assessment rate will

remain in effect indefinitely unless

modified, suspended, or terminated.

EFFECTIVE DATE: June 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Doris Jamieson, Marketing Specialist,

Southeast Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, PO Box 2276, Winter

Haven, Florida 33883; telephone: (863)

299–4770, Fax: (863) 299–5169; or

George Kelhart, Technical Advisor,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, PO 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, PO 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

No. 121 and Order No. 915, both as

amended (7 CFR part 915), regulating

the handling of avocados grown in

South Florida, hereinafter referred to as

the ‘‘order.’’ The marketing agreement

and order are 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 rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, Florida avocado handlers are

subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable avocados

beginning April 1, 2000, 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 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. Such

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 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 rule increases the assessment

rate established for the Committee for

the 2000–2001 and subsequent fiscal

periods from $0.16 per 55-pound bushel

container or equivalent to $0.19 per 55-

pound bushel container or equivalent of

avocados.

The Florida avocado marketing order

provides authority for the Committee,

with the approval of the Department, to

formulate an annual budget of expenses

and collect assessments from handlers

to administer the program. The

members of the Committee are

producers and handlers of Florida

avocados. They are familiar with the

Committee’s needs and with the costs

for goods and services in their local area

and are thus in a position to formulate

an appropriate budget and assessment

rate. The assessment rate is formulated

and discussed in a public meeting.

Thus, all directly affected persons have

an opportunity to participate and

provide input.

For the 1999–2000 and subsequent

fiscal periods, the Committee

recommended, and the Department

approved, an assessment rate that would

continue in effect from fiscal period to

fiscal period unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other information

available to the Secretary.

The Committee met on March 8, 2000,

and unanimously recommended 2000–

2001 expenditures of $186,333 and an

assessment rate of $0.19 per 55-pound

bushel container or equivalent of

avocados. In comparison, last year’s

budgeted expenditures were $164,335.

The assessment rate of $0.19 is $0.03

higher than the rate currently in effect.

The Florida Lime and the Florida

Avocado Administrative Committees

share certain costs (staff, office space,

and equipment) for economy and

efficiency (7 CFR parts 911 and 915).

Each Committee’s share of these costs is

based upon the amount of work

performed and time devoted to

administration. To reflect its increased

share of the workload and resources,

and Avocado Administrative Committee

needs to fund a greater share of the

costs. An increased budget for avocados

is needed to accomplish this.

The major expenditures

recommended by the Committee for the

35562 Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Rules and Regulations

2000–2001 year include $69,000 for

salaries, $35,000 for national

enforcement, $20,000 for research,

$14,898 for employee benefits, and

$13,782 for insurance and bonds.

Budgeted expenses for these items in

1999–2000 were $46,000, $27,000,

$39,500, $10,040, and $8,955,

respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Florida avocados.

Commodity shipments for the year are

estimated at 900,000 55-pound bushel

containers, which should provide

$171,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, should

be adequate to cover budgeted expenses.

Funds in the reserve (currently

$174,431) will be kept within the

maximum permitted by the order

(approximately three fiscal periods’

expenses, § 915.41(a)(2)).

The assessment rate established in

this rule will continue in effect

indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the

Committee or other available

information.

Although this assessment rate will be

in effect for an indefinite period, the

Committee will continue to meet prior

to or during each fiscal period to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Committee meetings

are available from the Committee or the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department will evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking will

be undertaken as necessary. The

Committee’s 2000–2001 budget and

those for subsequent fiscal periods will

be reviewed and, as appropriate,

approved by the Department.

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 141 avocado

producers in the production area and

approximately 49 avocado handlers

subject to regulation under the

marketing order. Small agricultural

producers are defined by the Small

Business Administration (13 CFR

121.201) as those having annual receipts

less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000.

The average grower price for fresh

avocados during the 1998–99 season

was $17.90 per 55-pound bushel box or

equivalent for all domestic shipments

and the total shipments were 890,859

bushels. Approximately 10 percent of

all handlers handled 90 percent of the

Florida avocado shipments. Many

avocado handlers ship other tropical

fruit and vegetable products, which are

not included in the Committee’s data

but would contribute further to handler

receipts.

Using these prices, about 90 percent

of avocado handlers could be

considered small businesses under the

SBA definition. The majority of Florida

avocado producers also may be

classified as small entities.

This rule increases the assessment

rate established for the Committee and

collected from handlers for the 2000–

2001 and subsequent fiscal periods from

$0.16 per 55-pound bushel container or

equivalent to $0.19 per 55-pound bushel

container or equivalent of avocados. The

Committee unanimously recommended

2000–2001 expenditures of $186,333

and an assessment rate of $0.19 per 55-

pound bushel container or equivalent.

The assessment rate of $0.19 is $0.03

higher than the 1999–2000 rate. The

quantity of assessable avocados for the

2000–2001 season is estimated at

900,000 55-pound bushel containers.

Thus, the $0.19 rate should provide

$171,000 in assessment income. Income

derived from handler assessments, along

with interest income and funds from the

Committee’s authorized reserve, should

be adequate to cover budgeted expenses.

The major expenditures

recommended by the Committee for the

2000–2001 fiscal year include $69,000

for salaries, $35,000 for national

enforcement, $20,000 for research,

$14,898 for employee benefits, and

$13,782 for insurance and bonds.

Budgeted expenses for these items in

1999–2000 were $46,000, $27,000

$39,500, $10,040, and $8,955,

respectively.

The Florida Lime and the Florida

Avocado Administrative Committees

share certain costs (staff, office space,

and equipment) for economy and

efficiency (7 CFR parts 911 and 915).

Each Committee’s share of these costs is

based upon the amount of work

performed and time devoted to

administration. To reflect its increased

share of the workload and resources, the

Avocado Administrative Committee

needs to fund a greater share of the

costs. An increased budget for avocados

is needed to accomplish this.

The Committee reviewed and

unanimously recommended 2000–2001

expenditures of $186,333 which

included increases in administrative

and office salaries, and national

enforcement. Prior to arriving at this

budget, the Committee considered

information from various sources, such

as the Committee’s Budget

Subcommittee. Alternative expenditure

levels were discussed. However, the

Committee ultimately determined that

the recommended expenditures were

appropriate to reflect its increased share

of the workload and resource demands.

The assessment rate of $0.19 per 55-

pound bushel container or equivalent of

assessable avocados was then

determined by dividing the total

recommended budget by the quantity of

assessable avocados, estimated at

900,000 55-pound bushel containers or

equivalents for the 2000–2001 fiscal

year. This is approximately $11,000

below the anticipated expenses, which

the Committee determined to be

acceptable.

A review of historical information and

preliminary information pertaining to

the upcoming fiscal year indicates that

the average grower price for the 2000–

2001 season could be close to $17.90 per

55-pound bushel container or

equivalent of avocados. Therefore, the

estimated assessment revenue for the

2000–2001 fiscal year as a percentage of

total grower revenue could be one

percent.

This action increases the assessment

obligation imposed on handlers. While

assessments impose some additional

costs on handlers, the costs are minimal

and uniform on all handlers. Some of

the additional costs may be passed on

to producers. However, these costs are

offset by the benefits derived by the

operation of the marketing order. In

addition, the Committee’s meeting was

widely publicized throughout the

Florida avocado industry and all

interested persons were invited to

attend the meeting and participate in

Committee deliberations on all issues.

Federal Register / Vol. 65, No. 108 / Monday, June 5, 2000 / Rules and Regulations 35563

Like all Committee meetings, the March

8, 2000, meeting was a public meeting

and all entities, both large and small,

were able to express views on this issue.

This rule imposes no additional

reporting or recordkeeping requirements

on either small or large Florida avocado

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.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

A proposed rule concerning this

action was published in the Federal

Register on April 17, 2000 (65 FR

20382). Copies of the proposed rule

were also mailed or sent via facsimile to

all Florida avocado handlers. Finally,

the proposal was made available

through the Internet by the Office of the

Federal Register. A 30-day comment

period ending May 17, 2000, was

provided for interested persons to

respond to the proposal. 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.

Pursuant to 5 U.S.C. 553, it also found

and determined that good cause exists

for not postponing the effective date of

this rule until 30 days after publication

in the Federal Register because: (1)

Handlers are already receiving 2000–

2001 crop avocados from growers;(2) the

fiscal period began April 1, 2000, and

the marketing order requires that the

assessment rate apply for each fiscal

period to all avocados handled during

such fiscal period; (3) the Committee

needs sufficient funds to pay its

expenses which are incurred on a

continuous basis; (4) handlers are aware

of this rule which was unanimously

recommended by the Committee at a

public meeting, and is similar to other

assessment rate actions issued in past

years; and (5) a 30-day comment period

was provided for in the proposed rule

and no comments were received.

List of Subjects in 7 CFR Part 915

Avocados, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 915 is amended as

follows:

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

1. The authority citation for 7 CFR

part 915 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 915.235 is revised to read

as follows:

§ 915.235 Assessment rate.

On and after April 1, 2000, an

assessment rate of $0.19 per 55-pound

bushel container or equivalent is

established for avocados grown in South

Florida.

Dated: May 30, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–13980 Filed 6–2–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–307–AD; Amendment

39–11759; AD 2000–11–11]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 777–200 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 777–

200 series airplanes, that requires onetime inspections to detect cracking of

the aft wheel well bulkhead, corrective

actions, if necessary, and modification

of the aft wheel well bulkhead. For

certain airplanes, this AD also requires

a one-time visual inspection to detect

excess sealant covering the outer flange

of the side fitting and lower chord and

splice area of the aft wheel well

bulkhead, and corrective actions, if

necessary. This amendment is prompted

by a report indicating that numerous

fatigue cracks were found in the aft

wheel well bulkhead. The actions

specified by this AD are intended to

prevent fatigue cracking of the aft wheel

well bulkhead, which could result in

rapid in-flight decompression of the

airplane.

DATES: Effective July 10, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 10,

2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Stan

Wood, Aerospace Engineer, Airframe

Branch, ANM–120S, FAA, Transport

Airplane Directorate, Seattle Aircraft

Certification Office, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056;

telephone (425) 227–2772; fax (425)

227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Boeing

Model 777–200 series airplanes was

published in the Federal Register on

November 26, 1999 (64 FR 66426). That

action proposed to require one-time

inspections to detect cracking of the aft

wheel well bulkhead, and corrective

actions, if necessary. That action also

proposed to require modification of the

aft wheel well bulkhead. For certain

airplanes, that action also proposed to

require a one-time visual inspection to

detect excess sealant covering the outer

flange of the side fitting and lower

chord and splice area of the aft wheel

well bulkhead, and corrective actions, if

necessary.

Explanation of Relevant Service

Information

Since the issuance of the notice of

proposed rulemaking (NPRM), the FAA

has reviewed and approved Boeing

Service Bulletin 777–53A0015, Revision

1, dated March 2, 2000. (The original

issue of the service bulletin, dated June

17, 1999, is referenced in the NPRM as

the appropriate source of service

information for accomplishment of the

proposed actions.) The procedures

described in Revision 1 of the service

bulletin are similar to those in the

original issue, and Revision 1 adds no

new airplanes to the effectivity listing.

Therefore, paragraphs (a), (b), and (d) of