39284 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations

address in the FOR FURTHER INFORMATION

CONTACT section.

An interim final rule concerning this

action was published in the Federal

Register on May 1, 2000 (65 FR 25233).

Copies of the rule were mailed by the

Board’s staff to all Board members and

almond handlers. In addition, the rule

was made available through the Internet

by the Office of the Federal Register.

That rule provided for a 15-day

comment period which ended on May

16, 2000. One comment was received.

The comment was submitted by the

Board in support of the release, noting

that the Board met on May 16, 2000, and

reaffirmed its position to release the

reserve in three stages.

After consideration of all relevant

material presented, including the

Board’s recommendation and comment,

and other information, it is 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 981

Almonds, Marketing agreements,

Nuts, Reporting and recordkeeping

requirements.

PART 981—ALMONDS GROWN IN

CALIFORNIA

Accordingly, the interim final rule

amending 7 CFR part 981 which was

published at 65 FR 25233 on May 1,

2000, is adopted as a final rule without

change.

Dated: June 19, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–16017 Filed 6–23–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 984

[Docket No. FV00–984–1 FR]

Walnuts Grown in California; Report

Regarding Interhandler Transfers of

Walnuts

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule will revise the

administrative rules and regulations of

the Federal marketing order for

California walnuts (order) regarding

reports of interhandler transfers of

walnuts. The order regulates the

handling of walnuts grown in California

and is administered locally by the

Walnut Marketing Board (Board).

Currently, handlers report to the Board

transfers of walnuts between handlers

on monthly shipment reports. This rule

will require handlers to report such

interhandler transfers on a separate

form. This action will facilitate program

administration by providing the Board

with more accurate and complete

information on transfers and shipments.

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, P.O.

Box 96456, room 2525–S, 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. 984, both as amended (7

CFR part 984), regulating the handling

of walnuts grown in California,

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 final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. 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 will revise the order’s

administrative rules and regulations

regarding reports of interhandler

transfers of walnuts. Currently, handlers

report to the Board transfers of walnuts

between handlers on monthly shipment

reports. This rule will require handlers

to report such interhandler transfers on

a separate form. This action will

facilitate program administration by

providing the Board with more accurate

and complete information on transfers

and shipments. This action was

unanimously recommended by the

Board at a meeting on February 18,

2000.

Section 984.76 of the order provides

authority for the Board, with the

approval of the Secretary, to require

handlers to furnish reports and

information to the Board as needed to

enable the Board to perform its duties

under the order. The Board meets

during the season to make decisions on

various programs authorized under the

order. These programs include quality

control (minimum grade and size

requirements for both inshell and

shelled walnuts placed into channels of

commerce), volume regulation, and

projects regarding production research,

and marketing research and

development.

Section 984.59 of the order provides

authority for handlers to transfer

walnuts between handlers. Paragraph (a)

of that section states that inshell

walnuts may be sold or delivered by one

handler to another for packing or

shelling within California. In such

cases, the receiving handler assumes

marketing order obligations with respect

to the transferred walnuts, including

assessment and inspection

requirements. Paragraph (b) of § 984.59

pertains to transfers of walnuts when

volume regulation is in effect.

Specifically, handlers may, for purposes

of meeting their reserve obligation,

acquire walnuts from other handlers. In

such cases, the buying handler assumes

marketing order obligations with respect

to the transferred walnuts, including

assessment, reserve, and inspection

requirements. Paragraph (c) of § 984.59

Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations 39285

provides that, with the exceptions stated

in paragraphs (a) and (b) of § 984.59,

whenever transfers of walnuts are made

between handlers, the first handler

thereof shall assume all marketing order

obligations pertaining to the walnuts.

Currently, handlers are required to

report interhandler transfers on monthly

shipment reports, WMB Form No. 6.

However, the monthly shipment reports

do not require handlers to indicate the

date the walnuts were transferred, and

whether the transferred walnuts were

certified by the Dried Fruit Association

(DFA). DFA is the agency designated

under the order to provide inspection

services for handlers. Also, the reports

do not indicate the date the walnuts

were received by the handler accepting

the walnuts, or include a confirmation

by the accepting handler that such

walnuts were received. This information

on transfers is useful to the Board as it

reconciles handler shipments and

inventories.

The Board recommended that a new

form be developed specific to

interhandler transfers. A handler who

transfers walnuts to another handler

will have to complete and submit WMB

Form No. 8 to the Board within 10-

calendar days following the transfer.

The report will contain the following

information: (1) The date of the transfer;

(2) the net weight, in pounds, of the

walnuts transferred; (3) whether such

walnuts were certified by the DFA; (4)

whether such walnuts were inshell or

shelled; (5) the name and address of the

transferring handler; and (6) the name

and address of the receiving handler.

The transferring handler will be

required to send two copies of the report

to the receiving handler at the same

time the transferring handler will

submit the report to the Board. The

receiving handler will then certify, on

one copy of the report, that he or she

received the walnuts. The receiving

handler will then submit the report to

the Board within 10-calendar days after

the walnuts, or copies of the report, are

received, whichever is later. Transfers of

reserve walnuts during periods of

volume regulation will continue to be

reported on WMB Form No. 17.

This rule will provide the Board with

more accurate and complete information

regarding handler transfers and

shipments of walnuts, thereby

facilitating program administration.

Accordingly, a new § 984.459 will be

added to the order’s administrative rules

and regulations.

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 5,000

producers of walnuts in the production

area and approximately 50 handlers

subject to regulation under the order.

Small agricultural producers are defined

by the Small Business Administration

(13 CFR 121.201) as those having annual

receipts of less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000.

During the 1998–99 season, as a

percentage, 24 percent of the handlers

shipped over 2.6 million kernelweight

pounds of walnuts, and 76 percent of

the handlers shipped under 2.6 million

kernelweight pounds of walnuts. Based

on an average price of $1.88 per

kernelweight pound at the point of first

sale, the majority of handlers of

California walnuts may be classified as

small entities, excluding receipts from

other sources.

This final rule will add a new

§ 984.459 to the order’s administrative

rules and regulations which requires

handlers to report transfers of walnuts

between handlers on a separate form.

Currently, interhandler transfers are

reported on handlers’ monthly shipment

reports. This action will facilitate

program administration by providing

the Board with more accurate and

complete information on transfers and

shipments. Authority for requiring

handlers to submit this information to

the Board is provided in §§ 984.59 and

984.76 of the order.

Regarding the impact of this action on

affected entities, this rule will impose a

minimal, additional reporting burden on

handlers who transfer walnuts.

Handlers who transfer walnuts are

already reporting transfers to the Board

on monthly shipment reports. This

action will require such handlers to

report transfers on a separate form.

Board staff estimates that there are about

25 interhandler transfers per year (20

total during the months of October,

November, and December, and 0–1

during the other 9 months). This action

is designed to provide the Board with

more accurate and complete information

on shipments and transfers which will

facilitate program administration.

Regarding alternatives to the

recommended action, the Board and

industry members discussed at the

Board’s February 18, 2000, meeting

different time frames for the submission

of the separate, interhandler transfer

report. A 5-day time frame was

considered whereby transferring

handlers would submit their report to

the Board within 5 days of the transfer,

and the receiving handler would submit

their report within 5 days of receiving

the walnuts. However, the Board

believed that 5 days was too short a time

frame for handlers, and recommended

the 10-day time frame.

This action will impose some

additional reporting and recordkeeping

burden on handlers. As previously

mentioned, it is estimated that there are

about 25 interhandler transfers per year.

It will take handlers about 10 minutes

to complete the new form for a total

industry burden of about 4 hours per

year. With interhandler transfers no

longer on monthly shipment reports, the

burden for handlers to complete the

monthly shipment report will be

reduced from 15 to 10 minutes per

report, or from a total of 3 to 2 hours per

year. Thus, the total annual increase in

burden for the industry is estimated at

3 hours. The revised shipment report

and the new, interhandler transfer

report have been approved by the Office

of Management and Budget (OMB)

under OMB Control No. 0581–0178. As

with other similar 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.

In addition, the Board’s meeting on

February 18, 2000, where this action

was deliberated was a public meeting

widely publicized throughout the

walnut industry. All interested persons

were invited to attend the meeting and

participate in the Board’s deliberations.

A proposed rule concerning this

action was published in the Federal

Register on April 5, 2000 (65 FR 17809).

Copies of the rule were mailed to all

handlers, Board members, and alternate

members. The rule was also made

available through the Internet by the

Office of the Federal Register. A 60-day

comment period ending June 5, 2000,

was provided to allow interested

persons to respond to the proposal. No

comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

39286 Federal Register / Vol. 65, No. 123 / Monday, June 26, 2000 / Rules and Regulations

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

matter presented, including the

information and recommendation

submitted by the Board and other

available information, it is 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 984

Marketing agreements, Nuts,

Reporting and recordkeeping

requirements, Walnuts.

For the reasons set forth in the

preamble, 7 CFR part 984 is amended as

follows:

PART 984—WALNUTS GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

part 984 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. A new § 984.459 is added to read

as follows:

§ 984.459 Reports of interhandler

transfers.

(a) Any handler who transfers walnuts

to another handler within the State of

California shall submit to the Board, not

later than 10 calendar days following

such transfer, a report showing the

following:

(1) The date of transfer;

(2) The net weight, in pounds, of the

walnuts transferred;

(3) Whether such walnuts were

certified by the inspection service;

(4) Whether such walnuts were

inshell or shelled;

(5) The name and address of the

transferring handler; and

(6) The name and address of the

receiving handler.

(b) The transferring handler shall send

two copies of the report to the receiving

handler at the time the report is

submitted to the Board. The receiving

handler shall certify, on one copy of the

report, to the receipt of such walnuts

and submit it to the Board within 10

calendar days after the walnuts, or

copies of such report, have been

received, whichever is later.

Dated: June 16, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–16016 Filed 6–23–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NE–50–AD; Amendment 39–

11796; AD 2000–12–18]

RIN 2120–AA64

Airworthiness Directives; Rolls-Royce

Ltd. Dart 511, 511–7E, 514–7, 528, 528–

7E, 529–7E, 532–7, 532–7L, 532–7N,

532–7P, 532–7R, 535–7R, 551–7R, and

552–7R Turboprop Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to Rolls-Royce Ltd. Dart 511,

511–7E, 514–7, 528, 528–7E, 529–7E,

532–7, 532–7L, 532–7N, 532–7P, 532–

7R, 535–7R, 551–7R, and 552–7R

turboprop engines. This AD requires the

installation of a feathering probe and a

steel retaining ring in the reduction gear

housing (RGH) and replacement of a

transfer bobbin installed in the

torquemeter. This amendment is

prompted by two reports of the failure

of a propeller to feather following the

failure of the RGH annulus gear, which

resulted in the propeller overspeeding

and the release of a propeller blade,

causing damage to the airplane. The

actions specified by this AD are

intended to prevent a propeller from

overspeeding and the release of a

propeller blade after a failure of the

RGH annulus gear, which could result

in damage to an adjacent engine or to

the airplane.

DATES: Effective date July 31, 2000. The

incorporation by reference of certain

publications listed in the rule is

approved by the Director of the Federal

Register as of July 31, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from Rolls-Royce Limited, Attn: Dart

Engine Service Manager, East Kilbride,

Glasgow G74 4PY, Scotland; telephone:

011–44–1355–220–200, fax: 011–44–

1141–778–432. This information may be

examined at the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

12 New England Executive Park,

Burlington, MA; or at the Office of the

Federal Register, 800 North Capitol

Street, NW, suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Jason Yang, Aerospace Engineer, Engine

Certification Office, FAA, Engine and

Propeller Directorate, 12 New England

Executive Park, Burlington, MA 01803–

5299; telephone 781–238–7747, fax

781–238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

applicable to Rolls-Royce Ltd. (R–R)

Dart 511, 511–7E, 514–7, 528, 528–7E,

529–7E, 532–7, 532–7L, 532–7N, 532–

7P, 532–7R, 535–7R, 551–7R, and 552–

7R turboprop engines was published in

the Federal Register on January 12,

2000 (65 FR 1840). That action proposed

to require:

• Installation of a feathering probe.

• Installation of a steel retaining ring

in the reduction gear housing.

• Replacement of a torquemeter oil

pressure transfer bobbin.

The actions will be required to be

accomplished at the next shop visit after

the effective date of the AD, or by

December 31, 2000, whichever occurs

first, in accordance with R–R service

bulletin (SB) Da72–348, Revision 13,

dated April 1999.

Conclusion

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposal or the FAA’s economic

analysis. The FAA has determined that

air safety and the public interest require

the adoption of the rule as proposed.

Economic Impact

There are approximately 1500 engines

of the affected design in the worldwide

fleet. The FAA estimates that 100

engines installed on aircraft of U.S.

registry would be affected by this AD,

that it would take approximately two

work hours per engine to accomplish

the actions, and that the average labor

rate is $60 per work hour. Required

parts would cost approximately $300

per engine. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $42,000.

Regulatory Impact

This rule does not have federalism

implications, as defined in Executive

Order 13132, because it will not have a

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Accordingly, the

FAA has not consulted with state

authorities prior to publication of this

rule.

For the reasons discussed above, I

certify that this regulation (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a