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

47152 

Vol. 71, No. 158 

Wednesday, August 16, 2006 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 981 

[Docket No. FV06–981–2 PR] 

Almonds Grown in California; Changes 

to Incoming Quality Control 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on changing the incoming quality 

control requirements under the 

administrative rules and regulations of 

the California almond marketing order 

(order). The order regulates the handling 

of almonds grown in California and is 

administered locally by the Almond 

Board of California (Board). These 

changes would help minimize the risk 

of aflatoxin in almonds by removing 

inedible kernels from human 

consumption. Inedible almonds are poor 

quality kernels or pieces of defective 

kernels that may be contaminated with 

aflatoxin. This action is intended to 

improve the overall quality of almonds 

placed into consumer channels. 

DATES: Comments must be received by 

August 23, 2006. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938, E-mail: 

moab.docketclerk@usda.gov, or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be available for public inspection in 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

at: http://www.ams.usda.gov/fv/ 

moab.html. 

FOR FURTHER INFORMATION CONTACT: 

Maureen T. Pello, Assistant Regional 

Manager, or Kurt Kimmel, Regional 

Manager, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, telephone: (559) 487– 

5901, Fax: (559) 487–5906, or E-mail: 

Maureen.Pello@usda.gov, or 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW, STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under Marketing 

Order No. 981, as amended (7 CFR part 

981), regulating the handling of almonds 

grown in California, hereinafter referred 

to as the ‘‘order.’’ The 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 

(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 USDA 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 USDA 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 USDA’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 proposed rule invites comments 

on changing the incoming quality 

control requirements under the 

administrative rules and regulations of 

the order. These changes would help 

minimize the risk of aflatoxin in 

almonds by removing inedible almonds 

from human consumption. Inedible 

almonds are poor quality kernels or 

pieces of defective kernels that may be 

contaminated with aflatoxin. These 

changes are intended to improve the 

overall quality of almonds placed into 

consumer channels, and were 

recommended by the Board at a meeting 

on May 18, 2006. 

Section 981.42 of the order provides 

authority for a quality control program. 

Paragraph (a) of that section requires 

handlers to obtain incoming inspections 

on almonds received from growers to 

determine the percent of inedible 

kernels in each lot of any variety. Based 

on these inspections, handlers incur an 

inedible disposition obligation. They 

must satisfy their obligation by 

disposing of inedible almonds in outlets 

such as oil and animal feed. 

Section 981.442(a)(4) of the order’s 

administrative rules and regulations 

specifies that the weight of inedible 

kernels in excess of 1 percent of kernel 

weight shall constitute that handler’s 

disposition obligation. Handlers must 

satisfy the disposition obligation by 

delivering packer pickouts, kernels 

rejected in blanching, pieces of kernels, 

meal accumulated in manufacturing, or 

other material, to crushers, feed 

manufacturers, feeders, or dealers in nut 

wastes on record with the Board as 

accepted users of such product. 

Accepted users dispose of this material 

through non-human consumption 

outlets. Paragraph (a)(5) of § 981.442 

specifies further that at least 25 percent 

of a handler’s total annual disposition 

obligation be satisfied with inedible 

kernels as defined under § 981.408. 

Handlers with total annual inedible 

obligations of less than 1,000 pounds 

are exempt from the 25 percent 

requirement. 

Board research has shown that 

aflatoxin in almonds is directly related 

to insect damage in inedible kernels. In 

order to help minimize the risk of 

aflatoxin in almonds, the Board 

recommended reducing the tolerance for 


cprice-sewell on PROD1PC66 with PROPOSALS
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Proposed Rules 47153 

inedible kernels from 1 to .50 percent, 

and increasing the percent of a handler’s 

total annual inedible obligation that 

must be true inedibles from 25 to 50 

percent. Such revisions are intended to 

improve the overall quality of almonds 

placed into consumer channels. 

All of the Board’s members supported 

the change regarding true inedibles, but 

three of the Board’s 10 members 

opposed the change to reduce the 

incoming tolerance for inedible kernels 

(the Board’s chairperson abstained). 

Those opposed pointed to the existing 2 

percent outgoing tolerance and 

expressed concern about additional 

costs that handlers may incur to 

separate out inedible kernels. The 

majority of Board members supported 

both changes. Paragraphs (a)(4) and 

(a)(5) of § 981.442 are proposed to be 

revised accordingly. 

Initial Regulatory Flexibility Analysis 

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 initial 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 6,000 

producers of almonds in the production 

area and approximately 115 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 

of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $6,500,000. 

Data for the most recently completed 

crop year indicate that about 52 percent 

of the handlers shipped under 

$6,500,000 worth of almonds. Dividing 

average almond crop value for 2003–

2005 reported by the National 

Agricultural Statistics Service ($2.171 

billion) by the number of producers 

(6,000) yields an average annual 

producer revenue estimate of about 

$362,000. Based on the foregoing, about 

half of the handlers and a majority of 

almond producers may be classified as 

small entities. 

This rule would revise paragraphs 

(a)(4) and (a)(5) of § 981.442 of the 

order’s administrative rules and 

regulations regarding inedible almonds. 

These changes would help minimize the 

risk of aflatoxin in almonds by removing 

inedible kernels from human 

consumption. Inedible almonds are poor 

quality kernels or pieces of defective 

kernels that may be contaminated with 

aflatoxin. Specifically, this action would 

reduce the tolerance for inedible kernels 

in each variety of almonds received by 

a handler from 1 to .50 percent, and 

increase the percent of a handler’s 

annual inedible obligation that must be 

satisfied with dispositions containing 

inedible almonds from 25 to 50 percent. 

Authority for these changes is provided 

in § 981.42(a) of the order. 

Regarding the impact of the proposed 

action on affected entities, this action is 

intended to improve the overall quality 

of almonds placed into consumer 

channels and therefore would be 

beneficial to the industry. In addition, 

this rule is not expected to change 

handler inspection costs. Handlers must 

currently have an incoming inspection 

done on each lot of almonds received to 

determine the percent of inedible 

kernels. Additionally, inedible almond 

dispositions must be inspected to 

determine the percent of inedible 

kernels in such dispositions. Such 

inspections are performed by the 

inspection agency, which means the 

Federal-State Inspection Service. The 

inspection agency charges a fee of $40 

per hour, plus $0.75 per ton, with a 

minimum total fee of $55, to perform an 

inedible disposition inspection. 

The Board considered various 

alternatives and options before making 

its recommendation on inedible 

almonds. It was decided that a 0.5 

percent tolerance was appropriate rather 

than 0 percent. As previously stated, 

opposition Board members pointed to 

the existing 2 percent outgoing tolerance 

and expressed concern about additional 

costs that handlers may incur to 

separate out inedible kernels. 

Ultimately, the majority of Board 

members supported both changes. The 

Board’s Food Quality and Safety (FQS) 

Committee met again via teleconference 

on June 13, 2006, and concurred with 

the Board’s recommendation. 

This action would impose no 

additional reporting and recordkeeping 

burden on California almonds handlers. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirements in this rule have been 

approved by the Office of Management 

and Budget (OMB) under OMB Control 

No. 0581–0178. 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. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. There are U.S. 

Standards for Grades of Shelled 

Almonds (7 CFR 51.2105 through 

51.2131) and U.S. Standards for Grades 

of Almonds in the Shell (7 CFR 51.2075 

through 51.2091) issued under the 

Agricultural Marketing Act of 1946 (7 

U.S.C. 1621 through 1627). However, 

these standards are voluntary for the 

almond industry. 

Additionally, the meetings were 

widely publicized throughout the 

California almond industry and all 

interested persons were invited to 

attend the meetings and participate in 

deliberations on all issues. Like all 

Board meetings, the task force meetings 

on March 23 and April 26, 2006, the 

FQS Committee meetings on April 11, 

May 8, and June 13, 2006, and the Board 

meeting on May 18, 2006, were public 

meetings and all entities, both large and 

small, were able to express views on 

this issue. 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: 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. 

A 7-day comment period is provided 

to allow interested persons to respond 

to this proposal. Seven days is deemed 

appropriate because the 2006–07 crop 

year begins on August 1, 2006, and 

therefore, this rule, if adopted, should 

be in effect as soon as possible. 

List of Subjects in 7 CFR Part 981 

Almonds, Marketing agreements, 

Nuts, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 981 is proposed to 

be amended as follows: 


cprice-sewell on PROD1PC66 with PROPOSALS
47154 Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Proposed Rules 

PART 981—ALMONDS GROWN IN 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 981 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 981.442 is amended by 

revising the first sentence of paragraph 

(a)(4)(i) and the eleventh sentence in 

paragraph (a)(5) to read as follows: 

§ 981.442 Quality control. 

(a) * * * 

(4) Disposition obligation. (i) The 

weight of inedible kernels in excess of 

.50 percent of kernel weight reported to 

the Board of any variety received by a 

handler shall constitute that handler’s 

disposition obligation. * * * 

* * * * * 

(5) Meeting the disposition obligation. 

* * * At least 50 percent of a 

handler’s total crop year inedible 

disposition obligation shall be satisfied 

with dispositions consisting of inedible 

kernels as defined in § 981.408: 

Provided, That this 50 percent 

requirement shall not apply to handlers 

with total annual obligations of less 

than 1,000 pounds. * * * 

* * * * * 

Dated: August 9, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–6941 Filed 8–11–06; 2:16 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–25563; Directorate 

Identifier 2006–NM–083–AD] 

RIN 2120–AA64 

Airworthiness Directives; Learjet 

Model 23, 24, 24A, 24B, 24B–A, 24C, 

24D, 24D–A, 24E, 24F, 24F–A, 25, 25A, 

25B, 25C, 25D, 25F, 28, 29, 31, 31A, 35, 

35A (C–21A), 36, 36A, 55, 55B, and 55C 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Learjet Model 23, 24, 24A, 24B, 

24B–A, 24C, 24D, 24D–A, 24E, 24F, 

24F–A, 25, 25A, 25B, 25C, 25D, 25F, 28, 

29, 31, 31A, 35, 35A (C–21A), 36, 36A, 

55, 55B, and 55C airplanes. This 

proposed AD would require modifying 

the left– and right–hand standby fuel 

pump switches. This proposed AD 

would also require revising the 

Emergency and Abnormal Procedures 

sections of the airplane flight manual to 

advise the flightcrew of the proper 

procedures to follow in the event of 

failure of the standby fuel pump to shut 

off. This proposed AD results from a 

report of inadvertent operation of a 

standby fuel pump due to an electrical 

system malfunction. We are proposing 

this AD to prevent this inadvertent 

operation, which could result in 

inadvertent fuel transfer by the left or 

right wing fuel system and subsequent 

over–limit fuel imbalance between the 

left and right wing fuel loads. This 

imbalance could affect lateral control of 

the airplane which could result in 

reduced controllability. 

DATES: We must receive comments on 

this proposed AD by October 2, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Learjet, Inc., One Learjet Way, 

Wichita, Kansas 67209–2942, for the 

service information identified in this 

proposed AD 

FOR FURTHER INFORMATION CONTACT: 

James Galstad, Aerospace Engineer, 

Systems and Propulsion Branch, ACE–

116W, FAA, Wichita Aircraft 

Certification Office, 1801 Airport Road, 

Room 100, Mid-Continent Airport, 

Wichita, Kansas 67209; telephone (316) 

946–4135; fax (316) 946–4107. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include the docket 

number ‘‘FAA–2006–25563; Directorate 

Identifier 2006–NM–083–AD’’ at the 

beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the proposed AD. We will consider all 

comments received by the closing date 

and may amend the proposed AD in 

light of those comments. 

We will post all comments we 

receive, without change, to http:// 

dms.dot.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact with FAA 

personnel concerning this proposed AD. 

Using the search function of that Web 

site, anyone can find and read the 

comments in any of our dockets, 

including the name of the individual 

who sent the comment (or signed the 

comment on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

dms.dot.gov. 

Examining the Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov, or in 

person at the Docket Management 

Facility office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The Docket 

Management Facility office (telephone 

(800) 647–5227) is located on the plaza 

level of the Nassif Building at the DOT 

street address stated in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after the Docket 

Management System receives them. 

Discussion 

We have received a report indicating 

that inadvertent operation of a standby 

fuel pump due to an electrical system 

malfunction occurred on a Learjet 

Model 35A (C–21A) airplane. This 

condition, if not corrected, could result 

in inadvertent fuel transfer by the left or 

right wing fuel system and subsequent 

over-limit fuel imbalance between the 

left and right wing fuel loads. This 

imbalance could affect lateral control of 

the airplane which could result in 

reduced controllability. 

Relevant Service Information 

We reviewed the Bombardier service 

bulletins identified in the following 

table: 


cprice-sewell on PROD1PC66 with PROPOSALS