44884 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

be placed on the diversion certificate.

The Board will confirm the grower’s

production amount with information

provided by handlers (to which the

grower delivers cherries) on Board Form

Number Two.

(3) The grower must agree to allow a

Board compliance officer to visit the

grower’s orchard to confirm that

diversion has actually taken place.

(c) Calculation of diversion amounts.

The weight of cherries diverted and left

unharvested shall be calculated by the

Board after growers furnish the Board

with the necessary information

concerning their production. After

verification of the volume of cherries

diverted, the Board shall calculate the

amounts of grower diversion tonnage to

be placed on the diversion certificates

and issue such certificates to growers.

Such amounts shall be determined as

follows:

(1) For whole block diversion, the

weight of a harvested sample of 5

percent of each diverted block, provided

by the grower, will be used to calculate

the total volume of diverted cherries to

be credited on the diversion certificate.

For example, a grower farms 1,000 acres

and elects to whole block divert a 200

acre block. If 5 percent of the harvested

trees in the block diverted yield 80,000

pounds of cherries, the grower would

receive a diversion certificate for

1,600,000 pounds (80,000 pounds

divided by 5 percent (.05) yields

1,600,000 pounds). The rest of the block

would remain unharvested.

(2) For random row diversion, such

estimated volume would be calculated

by applying the percentage of the

grower’s production diverted to the

actual average volume per acre of

cherries produced and harvested. For

example, a grower farms 1,000 acres and

elects to divert 20 percent of the

harvestable acreage (200 acres). The

grower harvests the remaining 800 acres

and obtains 6,400,000 pounds of

cherries, which represents a yield per

acre of 8,000 pounds. Such grower

would receive a diversion certificate for

1,600,000 pounds of cherries (8,000 lbs

multiplied by the 20 percent of the total

acreage diverted; in this instance, 200

acres).

Dated: August 18, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–22578 Filed 8–20–97; 4:06 pm]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 931

[Docket No. FV97–931–2 IFR]

Fresh Bartlett Pears Grown in Oregon

and Washington; Reduced

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the Northwest Fresh

Bartlett Pear Marketing Committee

(Committee) under Marketing Order No.

931 for the 1997–98 and subsequent

fiscal periods. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of fresh Bartlett pears grown in

Oregon and Washington. Authorization

to assess fresh Bartlett 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 26, 1997.

Comments received by September 24,

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

No. 141 and Order No. 931, both as

amended (7 CFR part 931), regulating

the handling of fresh Bartlett pears

grown in Oregon and Washington

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, fresh Bartlett 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 fresh Bartlett

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

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 decreases the assessment

rate established for the Committee for

the 1997–98 and subsequent fiscal

periods from $0.0375 to $0.03 per

standard box.

The fresh Bartlett pear marketing

order provides authority for the
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44885

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 fresh Bartlett 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 29, 1997,

and unanimously recommended 1997–

98 expenditures of $111,441 and an

assessment rate of $0.03 per standard

box of fresh Bartlett pears. In

comparison, last year’s budgeted

expenditures were $89,774. The

assessment rate of $0.03 is $0.0075 less

than the rate currently in effect. At the

current rate of $0.0375 per standard box

and an estimated 1997 fresh Bartlett

pear production of 3,150,000 standard

boxes, the projected reserve on May 31,

1998, would exceed the level the

Committee believed to be adequate to

administer the program. The Committee

discussed lower assessment rates, but

decided that an assessment rate of less

than $0.03 would not generate the

income necessary to administer the

program with an adequate reserve.

Major expenses recommended by the

Committee for the 1997–98 fiscal period

include $48,454 for salaries, $8,187 for

office rent, and $4,956 for health

insurance. Budgeted expenses for these

items in 1996–97 were $46,306, $7,016,

and $4,991, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of fresh Bartlett pears. With

fresh Bartlett pear shipments for the

year estimated at 3,150,000 standard

boxes, the $0.03 per standard box

assessment rate should provide $94,500

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 fresh Bartlett pears in the

production area and approximately 65

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 fresh

Bartlett pear producers and handlers

may be classified as small entities.

This rule decreases 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 $111,441 and

an assessment rate of $0.03 per standard

box of fresh Bartlett pears. The

assessment rate of $0.03 is $0.0075 less

than the rate currently in effect. At the

current assessment rate of $0.0375 per

standard box, the Committee’s reserve

was projected to exceed the level the

Committee believed to be adequate to

administer the program. Therefore, the

Committee voted to lower its assessment

rate and use more of the reserve to cover

its expenses.

The Committee discussed alternatives

to this rule, including alternative

expenditure levels. Lower assessment

rates were considered, but not

recommended because they would not

generate the income necessary to

administer the program with an

adequate reserve. Major expenses

recommended by the Committee for the

1997–98 fiscal period include $48,454

for salaries, $8,187 for office rent, and

$4,956 for health insurance. Budgeted

expenses for these items in 1996–97

were $46,306, $7,016, and $4,991,

respectively.

Fresh Bartlett pear shipments for the

year are estimated at 3,150,000 standard

boxes, which should provide $94,500 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.

Recent price information indicates

that the grower price for the 1997–98

marketing season will range between

$5.79 and $12.72 per standard box of

fresh Bartlett pears. Therefore, the

estimated assessment revenue for the

1997–98 fiscal period as a percentage of

total grower revenue will range between

0.24 and 0.52 percent.

This action will reduce 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 fresh Bartlett

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 29, 1997, meeting

was a public meeting and all entities,

both large and small, were able to

express views on this issue. Finally,
44886 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

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

fresh Bartlett 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) This action reduces the

current assessment rate for fresh Bartlett

pears; (2) 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 fresh Bartlett pears

handled during such fiscal period; (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 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 931

Marketing agreements, Pears,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 931 is amended as

follows:

PART 931—FRESH BARTLETT PEARS

GROWN IN OREGON AND

WASHINGTON

1. The authority citation for 7 CFR

part 931 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 931.231 [Amended]

2. Section 931.231 is amended by

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

adding in their place the words ‘‘July 1,

1997,’’ and by removing ‘‘$0.0375’’ and

adding in its place ‘‘$0.03.’’

Dated: August 19, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–22522 Filed 8–22–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–32–AD; Amendment

39–10107; AD 97–17–05]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney Canada PW100 Series

Turboprop Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to Pratt & Whitney Canada

PW100 series turboprop engines. This

action requires a visual inspection of the

two gas generator case drain ports to

ensure that they are connected to drain

lines or capped in accordance with the

applicable aircraft installation

configuration. This amendment is

prompted by a report of a nacelle fire.

The actions specified in this AD are

intended to prevent a nacelle fire caused

by fluid leaking from the gas generator

case drain ports.

DATES: Effective September 9, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

9, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

October 24, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

97–ANE–32–AD, 12 New England

Executive Park, Burlington, MA 01803–

5299. Comments may also be sent via

the Internet using the following address:

‘‘9–ad–engineprop@faa.dot.gov’’.

Comments sent via the Internet must

contain the docket number in the

subject line.

The service information referenced in

this AD may be obtained from Pratt &

Whitney Canada, 1000 Marie-Victorin,

Longueuil, Quebec, Canada J4G1A1;

telephone (514) 647–2866, fax (514)

647–2888. This information may be

examined at the FAA, New England

Region, Office of the Assistant Chief

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:

Diane Cook, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate,12 New

England Executive Park, Burlington, MA

01803–5299; telephone (617) 238–7134,

fax (617) 238–7199.

SUPPLEMENTARY INFORMATION: Transport

Canada, which is the airworthiness

authority for Canada, recently notified

the Federal Aviation Administration

(FAA) that an unsafe condition may

exist on Pratt & Whitney Canada (PWC)

PW118, PW118A, PW118B, PW119B,

PW119C, PW120, PW120A, PW121,

PW121A, PW123, PW123B, PW123C,

PW123D, PW123E, PW124B, PW125B,

PW126A, PW127, PW127E, and

PW127F series turboprop engines. The

FAA and Transport Canada received a

report of an Embraer EMB–120 aircraft

powered by PWC PW118B turboprop

engines that recently experienced a fire

shortly after take off. The aircraft landed

safely with the loss of both hydraulic

systems and with extensive heat and fire

damage to the right engine nacelle,

wing, and landing gear bay. A portion

of the aircraft exhaust duct was also

missing. The fuel and ignition sources

have not been determined and the

investigation of the accident by the

National Transportation Safety Board

(NTSB) is continuing. As part of the

investigation, the right engine was

disassembled and the investigators

found the gas generator case rear drain

port was not capped as required by the

aircraft manufacturer’s installation

instructions. A subsequent inspection of

the operator’s EMB 120 fleet found two

more aircraft with the cap missing from

the gas generator case rear drain port.

Under certain conditions, the opened

rear drain port may permit fluid to exit

through the port and accumulate in the

nacelle resulting in a possible hazardous

situation. All PW100 model engines are

equipped with two gas generator case

drain ports. This condition, if not

corrected, can result in a nacelle fire

caused by fluid leaking from the gas

generator case drain ports.

PWC has issued Service Information

Letter SIL No. PW100–003, issued June

18, 1997, that describes procedures for