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

39824

Vol. 65, No. 125

Wednesday, June 28, 2000

1Section 8e of the Agricultural Marketing

Agreement Act of 1937, as amended (7 U.S.C. 601–

604), requires that whenever the Secretary of

Agriculture issues grade, size, quality or maturity

regulations under domestic marketing orders for

certain commodities, the same or comparable

regulations on imports of those commodities must

be issued. Import regulations apply only during

those periods when domestic marketing order

regulations are in effect.

Currently, there are 4 processed commodities

subject to 8e import regulations: canned ripe olives,

dates, prunes, and processed raisins. A current

listing of the regulated commodities can be found

under 7 CFR parts 944 and 999.

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 52

[Doc. No. FV–00–326]

RIN 0581–AB85

Processed Fruits and Vegetables

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

revise the regulations governing

inspection and certification for

processed fruits, vegetables, and

processed products made from them by

increasing by approximately three to

nine percent fees charged for the

inspection services. These revisions are

necessary in order to recover, as nearly

as practicable, the costs of performing

inspection services under the

Agricultural Marketing Act of 1946. The

fees charged to persons required to have

inspections on imported commodities in

accordance with the Agricultural

Marketing Act of 1937 would also be

affected.

DATES: Comments must be submitted on

or before August 28, 2000.

ADDRESSES: Interested persons are

invited to submit comments on the

internet or written comments

concerning this proposal. Comments

must be sent in duplicate to the Office

of the Branch Chief, Processed Products

Branch, Fruit and Vegetable Programs,

Agricultural Marketing Service, U.S.

Department of Agriculture, P.O. Box

96456, Room 0709 South Building,

Washington, DC 20090–6456.

Comments should make reference to the

date and page number of this issue of

the Federal Register and will be made

available for public inspection in the

above office during regular business

hours and on the internet at http://

www.ams.usda.gov/fv/

ppbdocketlist.htm.

FOR FURTHER INFORMATION CONTACT: Mr.

James R. Rodeheaver at the above

address, call (202) 720–4693, or e-mail

James.Rodeheaver@usda.gov.

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been determined not

significant for purposes of Executive

Order 12866 and has not been reviewed

by the Office of Management and

Budget. Also, pursuant to the

requirements of the Regulatory

Flexibility Act (RFA), the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

action on small entities.

AMS regularly reviews its user fee

financed programs to determine if the

fees are adequate. The Processed

Products Branch (PPB) of the Fruit and

Vegetable Programs, AMS, has and will

continue to seek out cost savings

opportunities and implement

appropriate changes to reduce its costs.

Such actions can provide alternatives to

fee increases. The fee schedule was last

revised on October 4, 1998 (63 FR

50745). However, even with such

efforts, the existing fee schedule will not

generate sufficient revenues to cover lot,

and year round and less than year round

inspection program costs and sustain an

adequate reserve balance. PPB programs

for lot, year round, and less than year

round will have obligations in FY 2000

of approximately $12.9 million,

necessitating a reserve of $4.3 million.

The current reserve is $2.6 million.

Current revenue projections for FY 2000

without a fee increase are $12.0 million

as program costs increase to

approximately $13.1 million in FY

2001. These cost increases will result

primarily from increases in salaries and

benefits. Accounting for a significant

portion of the total operating budget,

salaries rose from 3.54 to 4.02 percent,

effective January 1999, increasing the

cost of operating these programs by

$295,000. A 4.8 percent pay increase

effective January 1, 2000, increased

program costs another $385,000. The

revenue projections, that include

proposed fees, are $12.3 million for FY

2000 and $13.5 million for FY 2001. The

proposed fee increase of approximately

3 to 9 percent, should result in an

estimated $0.3 million during FY 2000

and an additional approximately $1.0

million in FY 2001 and should enable

PPB to cover its costs and re-establish

adequate program reserves.

The purpose of the RFA is to fit

regulatory actions to the scale of

businesses subject to such actions in

order that small businesses will not be

unduly or disproportionately burdened.

This action would increase user fee

revenue generated under the lot

inspection program, and the year round

and less than year round inspection

programs by approximately $1,020,000

annually. This action is authorized

under the AMA of 1946 (see 7 U.S.C.

1622(h)) which provides that the

Secretary of Agriculture assess and

collect ‘‘such fees as will be reasonable

and as nearly as may be to cover the

costs of services rendered * * *’’.

There are more than 1,250 users of

PPB’s lot, and less than year round and

year round inspection services

(including applicants who must meet

import requirements 1, inspections

which amount to under 2 percent of all

lot inspections performed). A small

portion of these users are small entities

under the criteria established by the

Small Business Administration (13 CFR

121.201). There will be no additional

reporting, recordkeeping, or other

compliance requirements imposed upon

small entities as a result of this

proposed rule.

PPB has not identified any other

federal rules which may duplicate,

overlap or conflict with this proposed

rule.

Inspection services covered by this

proposed rule are voluntary, except

when required for certain imported

commodities under 7 CFR parts 944 and

999. The total fees charged to users of

these services vary with usage. The

impact on all businesses, including

small entities, is very similar. Further,

even though fees will be increased, the

amount of the increase is small (three to

nine percent), and should not

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Proposed Rules 39825

significantly affect these entities.

Finally, except for those applicants who

are required to obtain inspections in

connection with certain imports these

businesses are under no obligation to

use these inspection services.

Executive Order 12988

The rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have a retroactive effect and will not

preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule. There are no administrative

procedures which must be exhausted

prior to any judicial challenge to the

provisions of this rule.

Proposed Action

The AMA authorizes official

inspection, grading and certification for

processed fruits, vegetables, and

processed products made from them.

The AMA provides that the Secretary

collect reasonable fees from the users of

the services to cover, as nearly as

practicable, the costs of the services

rendered. This proposed rule will

amend the schedule for fees for

inspection services rendered to the

processed fruit and vegetable industry

to reflect the costs necessary to operate

the program.

AMS regularly reviews its user fee

programs to determine if the fees are

adequate. While PPB continues to

pursue opportunities to reduce its costs,

the existing fee schedule will not

generate sufficient revenues to cover lot,

and less than year round and year round

inspection program costs while

maintaining an adequate reserve

balance.

PPB programs for lot, year round, and

less than year round will have

obligations in FY 2000 of approximately

$12.9 million, necessitating a reserve of

$4.3 million. The current reserve is $2.6

million. Current revenue projections for

FY 2000 without a fee increase are $12.0

million as program costs increase to

approximately $13.1 million in FY

2001. These cost increases will result

primarily from increases in salaries and

benefits. Accounting for a significant

portion of the total operating budget,

salaries rose from 3.54 to 4.02 percent,

effective January 1999, increasing the

cost of operating these programs by

$295,000. A 4.8 percent pay increase

effective January 1, 2000, increased

program costs another $385,000. The

revenue projections, that include

proposed fees, are $12.3 million for FY

2000 and $13.5 million for FY 2001. The

proposed fee increase of approximately

3 to 9 percent, should result in an

estimated $0.3 million during FY 2000

and an additional approximately $1.0

million in FY 2001 and should enable

PPB to cover its costs and re-establish

adequate program reserves.

AMS proposes to increase the fees

relating to lot inspection service and the

fees for less than year round and year

round inspection services. For

inspection services charged under

§ 52.42, overtime and holiday work

would continue to be charged as

provided in that section. For inspection

services charged on a contract basis

under § 52.51 overtime work would also

continue to be charged as provided in

that section. The following fee schedule

compares current fees and charges with

proposed fees and charges for processed

fruit and vegetable inspection as found

in 7 CFR 52.42–52.51. Unless otherwise

provided for by regulation or written

agreement between the applicant and

the Administrator, the charges in the

schedule of fees as found in § 52.42 are:

Current Proposed

$43.00/hr. .......................................... $47.00/hr.

Charges for travel and other expenses

as found in § 52.50 are:

Current Proposed

$43.00/hr. .......................................... $47.00/hr.

Charges for year-round in-plant

inspection services on a contract basis

as found in § 52.51 (c) are:

(1) For inspector assigned on a yearround basis:

Current Proposed

$35.00/hr. .......................................... $36.00/hr.

(2) For inspector assigned on less than

a year-round basis: Each inspector:

Current Proposed

$45.00/hr. .......................................... $48.00/hr.

Charges for less than year-round inplant inspection services (four or more

consecutive 40 hour weeks) on a

contract basis as found in § 52.51 (d)

are:

(1) Each inspector:

Current Proposed

$45.00/hr. .......................................... $48.00/hr.

List of Subjects in 7 CFR Part 52

Food grades and standards, Food

labeling, Frozen foods, Fruit juices,

Fruits, Reporting and record keeping

requirements, Vegetables.

For the reasons set forth in the

preamble, it is proposed that 7 CFR Part

52 be amended as follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

§ 52.42 [Amended]

2. In § 52.42, the figure ‘‘$43.00’’ is

revised to read ‘‘$47.00’’.

§ 52.50 [Amended]

3. In § 52.50, the figure ‘‘$43.00’’ is

revised to read ‘‘$47.00’’.

§ 52.51 [Amended]

4. In § 52.51, paragraph (c)(1), the

figure ‘‘$35.00’’ is revised to read

‘‘$36.00’’, in paragraph (c)(2), the figure

‘‘$45.00’’ is revised to read ‘‘$48.00’’,

and in paragraph (d)(1), the figure

‘‘$45.00’’ is revised to read ‘‘$48.00’’.

Dated: June 22, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–16373 Filed 6–27–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–379–AD]

RIN 2120–AA64

Airworthiness Directives; Airbus Model

A330 and A340 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

certain Airbus Model A330 and A340

series airplanes. This proposal would

require revising the Airplane Flight

Manual to include new flight

operational procedures for the fuel

system; repetitive inspections of the

trim transfer fuel line in the vicinity of

the aft pressure bulkhead located

between frame (FR) 77 and FR86 to

detect any discrepancy; and corrective

actions, if necessary. This proposal also

would require modification of the air

release valve in the fuel trim tank

transfer system, which would constitute

terminating action for the requirements

of this AD. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. This

action is necessary to prevent damage to