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contains regulatory documents having general

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Rules and Regulations Federal Register

5157 

Vol. 71, No. 21 

Wednesday, February 1, 2006 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Docket No. FV06–905–1 IFR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule increases the 

assessment rate established for the 

Citrus Administrative Committee 

(Committee) for the 2005–06 and 

subsequent fiscal periods from $0.006 to 

$0.008 per 4⁄5 bushel carton of oranges, 

grapefruit, tangerines, and tangelos 

handled. The Committee locally 

administers the marketing order which 

regulates the handling of oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida. Assessments upon 

Florida citrus handlers are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 

fiscal period begins August 1 and ends 

July 31. The assessment rate will remain 

in effect indefinitely unless modified, 

suspended, or terminated. 

DATES: February 2, 2006. Comments 

received by April 3, 2006, 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, 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. 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: 

Doris Jamieson, Southeast Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

telephone: (863) 324–3375, Fax: (863) 

325–8793; or George Kelhart, Technical 

Advisor, 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. 

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 rule 

is issued under Marketing Agreement 

No. 84 and Marketing Order No. 905, 

both as amended (7 CFR part 905), 

regulating the handling of oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida, 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. Under the marketing order now 

in effect, Florida citrus 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 oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida, beginning August 1, 

2005, 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 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 rule increases the assessment 

rate established for the Committee for 

the 2005–06 and subsequent fiscal 

periods from $0.006 per 4⁄5 bushel 

carton to $0.008 per 4⁄5 bushel carton of 

oranges, grapefruit, tangerines, and 

tangelos grown in Florida. 

The Florida citrus marketing order 

provides authority for the Committee, 

with the approval of USDA, 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 oranges, grapefruit, 

tangerines, and tangelos. 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 2003–04 and subsequent fiscal 

periods, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on December 16, 

2005, and unanimously recommended 


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5158 Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Rules and Regulations 

2005–06 expenditures of $209,000 and 

an assessment rate of $0.008 per 4⁄5

bushel of oranges, grapefruit, tangerines, 

and tangelos grown in Florida based on 

a crop estimate of 24 million 4⁄5 bushels. 

In comparison, last year’s budgeted 

expenditures were $300,000. The 

recommended assessment rate is $0.002 

higher than the $0.006 rate currently in 

effect. 

The Committee originally met May 

10, 2005, and recommended a budget of 

$220,000 and that the assessment rate be 

maintained at $0.006. The Committee 

had anticipated reduced shipments due 

to the lingering effects from the 

hurricanes the industry experienced 

during the 2004–05 season. However, in 

October 2005, the industry experienced 

additional crop loss due to the effects of 

Hurricane Wilma. Assessable cartons for 

2005–06 are now estimated to be 24 

million, down from the 36 million 

originally estimated for the season. 

Further, the new estimate is close to 28 

million cartons under shipments for the 

2003–04 season, the most recent season 

not impacted by hurricanes. 

Consequently, it is necessary to increase 

the assessment rate. 

The major expenditures 

recommended by the Committee for the 

2005–06 fiscal year include $106,150 for 

salaries, $25,000 for Manifests–USDA–

FDACS, $16,700 for retirement plan, 

$14,550 for insurance and bonds, and 

$8,250 for payroll taxes. Budgeted 

expenses for these items in 2004–05 

were $131,000, $25,000, $20,500, 

$21,000, and $10,600, respectively. 

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses by expected 

shipments of oranges, grapefruit, 

tangerines, and tangelos. As mentioned 

earlier, Florida citrus shipments for the 

year are estimated at 24 million 4⁄5

bushels, which should provide $192,000 

in assessment income. Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve will be 

adequate to cover budgeted expenses. 

Funds in the reserve currently total 

approximately $30,000 and are within 

the maximum permitted by the order of 

not to exceed one half of one fiscal 

period’s expenses as stated in 

§ 905.42(a). 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

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 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA 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 2005–06 budget and those 

for subsequent fiscal periods will be 

reviewed and, as appropriate, approved 

by USDA. 

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 8,500 

producers of oranges, grapefruit, 

tangerines, and tangelos in the 

production area and approximately 75 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (SBA) as those 

having annual receipts less than 

$750,000, and small agricultural service 

firms are defined as those whose annual 

receipts are less than $6,000,000 (13 

CFR 121.201). 

Based on industry and Committee 

data, the average annual f.o.b. price for 

fresh Florida citrus during the 2004–05 

season was approximately $11.54 per 4⁄5

bushel carton, and total fresh shipments 

for the 2004–05 season were 

approximately 30.2 million cartons of 

citrus. Using the average f.o.b. price, at 

least 70 percent of the Florida citrus 

handlers could be considered small 

businesses under SBA’s definition. In 

addition, based on production and 

grower prices reported by the National 

Agricultural Statistics Service, and the 

total number of Florida citrus growers, 

the average annual grower revenue is 

approximately $87,600. In view of the 

foregoing, it can be concluded that the 

majority of handlers and producers of 

Florida citrus may be classified as small 

entities. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2005–06 

and subsequent fiscal periods from 

$0.006 to $0.008 per 4⁄5 bushel carton of 

oranges, grapefruit, tangerines, and 

tangelos. The Committee unanimously 

recommended 2005–06 expenditures of 

$209,000 and an assessment rate of 

$0.008 per 4⁄5 bushel carton. The 

recommended assessment rate is $0.002 

higher than the rate now in effect. The 

quantity of assessable oranges, 

grapefruit, tangerines, and tangelos for 

the 2005–06 season is estimated at 24 

million 4⁄5 bushel cartons. Thus, the 

$0.008 rate should provide $192,000 in 

assessment income. Income derived 

from handler assessments, along with 

interest income, and funds from the 

Committee’s reserve will be adequate to 

cover budgeted expenses. 

The major expenditures 

recommended by the Committee for the 

2005–06 fiscal year include $106,150 for 

salaries, $25,000 for Manifests–USDA–

FDACS, $16,700 for retirement plan, 

$14,550 for insurance and bonds, and 

$8,250 for payroll taxes. Budgeted 

expenses for these items in 2004–05 

were $131,000, $25,000, $20,500, 

$21,000, and $10,600, respectively. 

The Committee originally met May 

10, 2005, and recommended a budget of 

$220,000 and that the assessment rate be 

maintained at $0.006. The Committee 

had anticipated reduced shipments due 

to the lingering effects from the 

hurricanes the industry experienced 

during the 2004–05 season. However, in 

October 2005, the industry experienced 

additional crop loss due to the effects of 

Hurricane Wilma. Assessable cartons for 

2005–06 are now estimated to be 24 

million, down from the 36 million 

originally estimated for the season. 

Further, the new estimate is close to 28 

million cartons under shipments for the 

2003–04 season, the most recent season 

not impacted by hurricanes. 

Consequently, it is necessary to increase 

the assessment rate to meet 2005–06 

budget requirements. 

The Committee reviewed and 

unanimously recommended 2005–06 

expenditures of $209,000. Prior to 

arriving at this budget, the Committee 

considered information from various 

sources including the Committee’s 

Budget Subcommittee. Alternative 

assessment rates were discussed based 

on different estimates of assessable 

cartons and budget expenses. The 

assessment rate of $0.008 per 4⁄5 bushel 


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Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Rules and Regulations 5159 

carton of assessable oranges, grapefruit, 

tangerines, and tangelos was then 

determined by dividing the total 

recommended budget by the quantity of 

assessable Florida citrus, estimated at 24 

million 4⁄5 bushel cartons for the 2005–

06 season taking into consideration the 

availability of reserve funds and interest 

income. This assessment rate will yield 

approximately $17,000 under 

anticipated budgeted expenses with the 

deficit funds to be drawn from reserves 

and interest income. 

A review of historical information and 

preliminary information pertaining to 

the upcoming 2005–06 fiscal period 

indicates that the grower price for the 

2005–06 season could range between 

$1.23 and $7.18 per 4⁄5 bushel of 

oranges, grapefruit, tangerines, and 

tangelos. Therefore, the estimated 

assessment revenue for the 2005–06 

fiscal period as a percentage of total 

grower revenue could range between .11 

and .65 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 

would be offset by the benefits derived 

by the operation of the marketing order. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Florida citrus industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the December 16, 

2005 meeting was a public meeting 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. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Florida citrus 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

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 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) The 2005–06 fiscal period 

began August 1, 2005, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable Florida citrus handled 

during such fiscal period; (2) the 

Committee needs to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis; (3) 

handlers are aware of this action which 

was unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years; and (4) this interim 

final rule provides a 60-day comment 

period, and all comments timely 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 905 

Grapefruit, Oranges, Tangelos, 

Tangerines, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 905 is amended as 

follows: 

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA 

■ 1. The authority citation for 7 CFR 

part 905 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 905.235 is revised to read 

as follows: 

§ 905.235 Assessment rate. 

On and after August 1, 2005, an 

assessment rate of $0.008 per 4⁄5 bushel 

carton or equivalent is established for 

Florida citrus covered under the order. 

Dated: January 27, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–947 Filed 1–30–06; 9:06 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–23716; Directorate 

Identifier 2006–NM–008–AD; Amendment 

39–14466; AD 2006–03–02] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Model Falcon 2000 and Falcon 2000EX 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Dassault Model Falcon 2000 and Falcon 

2000EX airplanes. For all airplanes, this 

AD requires, among other actions, doing 

an inspection for damage of the feeder 

cables, and corrective actions if 

necessary; and installing a protective 

plate on the feeder cables. For certain 

airplanes, this AD also requires rerouting the wiring on the cockpit 

protector; drilling holes in the cockpit 

protector; and clamping the feeder 

cables; as applicable. This AD results 

from a drawing review and further 

associated inspections that highlighted a 

potential chafing risk between the third 

crew member’s oxygen mask box and 

feeder cables routed in the area. We are 

issuing this AD to prevent chafing 

between the subject oxygen mask box 

and the adjacent feeder cables, which 

could generate smoke or fire in the 

cockpit that could be fanned by oxygen 

leakage from the oxygen mask box. 

DATES: This AD becomes effective 

February 16, 2006. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of February 16, 2006. 

We must receive comments on this 

AD by April 3, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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. 


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