44202 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

interstate movement, and the

distribution of these articles was not

affected by the regulatory provisions we

are removing. Many of these entities

also handle other items in addition to

the previously regulated articles. The

effect on those few entities that move

regulated articles interstate was

minimized by the availability of various

treatments that, in most cases, allowed

these small entities to move regulated

articles interstate with very little

additional cost. Therefore, the effect, if

any, of this rule on these entities

appears to be minimal.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This document contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 is

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

§ 301.64 [Amended]

2. In § 301.64, paragraph (a) is

amended by removing the phrase ‘‘the

States of California and Texas’’ and by

adding the phrase ‘‘the State of Texas’’

in its place.

§ 301.64–3 [Amended]

3. In § 301.64–3, paragraph (c) is

amended by removing the entry for

‘‘California’’ and the description of the

regulated area for Los Angeles County,

CA.

Done in Washington, DC, this 15th day of

August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–22014 Filed 8–19–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. FV97–927–1 IFR]

Winter Pears Grown in Oregon,

Washington, and California; Increased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

increases the assessment rate

established for the Winter Pear Control

Committee (Committee) under

Marketing Order No. 927 for the 1997–

98 and subsequent fiscal periods. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of winter

pears grown in Oregon, Washington,

and California. Authorization to assess

winter pear handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The 1997–98 fiscal period

for this marketing order covers the

period July 1 through May 31. The

assessment rate will continue until

amended, suspended, or terminated.

DATES: Effective on August 21, 1997.

Comments received by September 19,

1997, 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 in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax (202)

720–5698. 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.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, Room 369, Portland,

OR 97204; Telephone: (503) 326–2724,

Fax: (503) 326–7440 or George J.

Kelhart, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Telephone: (202) 690–

3919, Fax: (202) 720–5698. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Telephone: (202) 720–

2491, Fax: (202) 720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 927, both as amended (7

CFR part 927), regulating the handling

of winter pears grown in Oregon,

Washington, and 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 rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, winter pear 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 winter pears

beginning July 1, 1997, and continuing

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
Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44203

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 1997–98 and subsequent fiscal

periods from $0.405 to $0.44 per

standard box.

The winter pear 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 winter pears.

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 1996–97 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

indefinitely 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 May 30, 1997,

and unanimously recommended 1997–

98 expenditures of $8,066,790 and an

assessment rate of $0.44 per standard

box of winter pears. In comparison, last

year’s budgeted expenditures were

$5,502,979. The assessment rate of $0.44

is $0.035 more than the rate currently in

effect. The Committee recommended an

increased assessment rate, because the

current rate would not generate enough

income to adequately administer the

program.

The Committee discussed alternatives

to this rule, including alternative

expenditure levels. Major expenses

recommended by the Committee for the

1997–98 fiscal period include

$7,010,550 for paid advertising,

$346,200 for improvement of winter

pears (production research), $161,549

for salaries, and $75,000 for industry

development. Budgeted expenses for

these items in 1996–97 were $4,674,675,

$249,316, $154,387, and $75,000,

respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of winter pears. Winter pear

shipments for the year are estimated at

17,310,000 standard boxes, and the

$0.44 per standard box assessment rate

should provide $7,616,400 in

assessment income. Income derived

from handler assessments, along with

funds from the Committee’s authorized

reserve, will be adequate to cover

budgeted expenses. Funds in the reserve

will be kept within the maximum

permitted by the order.

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 is

effective 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 1997–98 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 action 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 1,800

producers of winter pears in the

production area and approximately 90

handlers subject to regulation under the

marketing order. Small agricultural

producers have been defined by the

Small Business Administration (13 CFR

121.601) 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 majority of winter

pear producers and handlers may be

classified as small entities.

This rule increases the assessment

rate established for the Committee and

collected from handlers for the 1997–98

and subsequent fiscal periods. The

Committee unanimously recommended

1997–98 expenditures of $8,066,790 and

an assessment rate of $0.44 per standard

box of winter pears. The assessment rate

of $0.44 is $0.035 more than the rate

currently in effect. The Committee

recommended an increased assessment

rate, because the current rate would not

generate enough income to adequately

administer the program. That is, enough

income would not be generated to cover

its increased expenses, and maintain an

adequate operating reserve.

The Committee discussed alternatives

to this rule, including alternative

expenditure levels. Major expenses

recommended by the Committee for the

1997–98 fiscal period include

$7,010,550 for paid advertising,

$346,200 for improvement of winter

pears (production research), $161,549

for salaries, and $75,000 for industry

development. Budgeted expenses for

these items in 1996–97 were $4,674,675,

$249,316, $154,387, and $75,000,

respectively. The increase in paid

advertising is needed to help the

industry market this season’s crop,

which is significantly larger than last

year’s crop. A lower level of funding for

paid advertising was ruled out by the

Committee because it felt that a more

aggressive advertising program was

needed this season to market the large

crop. The increased level for production

research provides funds for current and

anticipated research in 1997–98.

The Committee discussed the

alternative of not increasing the

assessment rate. However, it decided

against this course of action because

continuation of the current rate would

not provide enough income to meet its

1997–98 budgeted expenses, and

maintain an adequate operating reserve.

Winter pear shipments for the year are

estimated at 17,310,000 standard boxes,

which should provide $7,616,400 in

assessment income. Income derived

from handler assessments, along with

funds from the Committee’s authorized

reserve, will be adequate to cover

budgeted expenses. Funds in the reserve

will be kept within the maximum

permitted by the order.
44204 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

Recent price information indicates

that the grower price for the 1997–98

marketing season will range between

$4.82 and $11.81 per standard box of

winter pears. Therefore, the estimated

assessment revenue for the 1997–98

fiscal period as a percentage of total

grower revenue will range between 0.04

and 0.09 percent.

This action will increase the

assessment obligation imposed on

handlers. While this rule will impose

some additional costs on handlers, the

costs are minimal and in the form of

uniform assessments on all handlers.

Some of the additional costs may be

passed on to producers. However, these

costs will be offset by the benefits

derived by the operation of the

marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the winter pear

industry and all interested persons were

invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the May 30, 1997, 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 will not impose any

additional reporting or recordkeeping

requirements on either small or large

winter pear 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. After consideration of all relevant

matter 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 1997–98 fiscal period

began on July 1, 1997, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable winter pears handled

during such fiscal period; (2) 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 (3) this interim

final rule provides a 30-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 927

Marketing agreements, Pears,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 927 is amended as

follows:

PART 927—WINTER PEARS GROWN

IN OREGON, WASHINGTON, AND

CALIFORNIA

1. The authority citation for 7 CFR

part 927 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 927.236 [Amended]

2. Section 927.236 is amended by

removing the words ‘‘July 1, 1996,’’ and

adding in their place the words ‘‘July 1,

1997,’’ and by removing ‘‘$0.405’’ and

adding in its place ‘‘$0.44.’’

Dated: August 14, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–22013 Filed 8–19–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–124–AD; Amendment

39–10104; AD 97–17–02]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 777–200 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Boeing Model 777–

200 series airplanes. This action

requires repetitive torquing of the

bushing retainer nuts of the pivot pins

in the horizontal stabilizer hinge

assembly to tighten loose nuts to the

new torque value; and repetitive visual

inspections, if necessary, to detect

bushing migration or damage to adjacent

structures, and repair of any damage.

This proposal also provides for an

optional terminating action for the

repetitive inspections. This amendment

is prompted by a report of a loose

bushing retainer nut, which may be

attributed to low nut torque. The actions

specified in this AD are intended to

detect and correct loose bushing retainer

nuts of the pivot pins in the horizontal

stabilizer hinge assembly, which could

result in bushing migration and

consequent damage to the adjacent

structure, and reduced controllability of

the airplane.

DATES: Effective September 4, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

4, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

October 20, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

124–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

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 FAA, Transport Airplane

Directorate, 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, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington;

telephone (425) 227–2772; fax (425)

227–1181.

SUPPLEMENTARY INFORMATION: Boeing

recently notified the FAA that an unsafe

condition may exist on certain Boeing

Model 777–200 series airplanes.

Investigation revealed that a loose

bushing retainer nut of the pivot pin in

the horizontal stabilizer hinge assembly

was found on a Boeing Model 777–200

flight test airplane that had accumulated

approximately 2,000 total flight cycles.

The cause of the loose bushing retainer

nut may be attributed to low nut torque.

A loose bushing retainer nut of the pivot

pin in the horizontal stabilizer hinge

assembly, if not corrected, could result

in bushing migration and consequent

damage to the adjacent structure, and

reduced controllability of the airplane.