Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58641

recognized that new handlers with no

record of shipments have no prior

period on which to base their average

week. Therefore, under the procedures

established in section 905.153, a new

handler can ship small sizes up to the

established weekly percentage as a

percentage of their total volume of

shipments during their first shipping

week. Once a new handler has

established shipments, their average

week is calculated as an average of the

weeks they have shipped during the

current season.

In addition, the weekly percentage

regulation only applies to sizes 48 and/

or 56 red seedless grapefruit. There are

no volume restrictions on shipments of

larger sized red seedless grapefruit that

meet the minimum grade and size

requirements under the order.

The commenter further stated that he

did not believe that they would have

access to transfers or loans. The transfer

and loan procedures do not exclude any

handler. It is the handler’s

responsibility to contact other handlers

to locate available allotment. The

committee staff is available to provide

some assistance with locating available

allotment. At its October meeting, the

committee discussed the transfer and

loan procedure. The procedures are

being utilized, and based on comments,

those seeking additional allotment have,

in most cases, been able to acquire it

through loans or transfers.

After analyzing the comment received

and other available information,

including the additional

recommendation by the committee, the

Department has concluded that this

interim final rule is appropriate.

A 10-day comment period is provided

to allow interested persons to respond

to this proposal. A 10-day period is

deemed appropriate because this action

amends the weekly regulation period

beginning on October 27, through

November 30, 1997. Adequate time will

be necessary so that any changes, if

necessary, can be made to the

regulations before the end of the five

week period. All written comments

timely received will be considered

before a final determination is made on

this matter.

After consideration of all relevant

matter presented, including the

information and recommendations

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.

It is further found and determined

upon good cause that it is impracticable,

unnecessary, and contrary to the public

intent 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

(5 U.S.C. 553) because this rule needs to

be in place since handlers have already

begun shipping grapefruit. This rule is

necessary to help stabilize the market

and to improve grower returns. Further,

handlers are aware of this rule, which

was recommended at public meetings.

This action amends the weekly

regulation beginning October 27, 1997.

Also, a 15-day comment period was

provided for in the proposed rule, an

additional 10-day comment period was

provided for in the interim final rule,

and an addition 10-day comment period

is provided for in this amended interim

final rule.

List of Subjects in 7 CFR Part 905

Grapefruit, Marketing agreements,

Oranges, Reporting and recordkeeping

requirements, Tangelos, Tangerines.

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 905.601 is revised to read

as follows:

§ 905.601 Red seedless grapefruit

regulation 101.

The schedule below establishes the

weekly percentages to be used to

calculate each handler’s weekly

allotment of small sizes. If the minimum

size in effect under section 905.306 for

red seedless grapefruit is size 56,

handlers can fill their allotment with

size 56, size 48, or a combination of the

two sizes such that the total of these

shipments are within the established

weekly limits. If the minimum size in

effect under section 905.306 for red

seedless grapefruit is 48, handlers can

fill their allotment with size 48 red

seedless grapefruit such that the total of

these shipments are within the

established weekly limits. The weekly

percentages for sizes 48 and/or 56 red

seedless grapefruit grown in Florida,

which may be handled during the

specified weeks are as follows:

Week

Weekly

percentage

(a) 9/15/97 through 9/21/97 ............ 50

(b) 9/22/97 through 9/28/97 ............ 50

(c) 9/29/97 through 10/5/97 ............ 50

Week

Weekly

percentage

(d) 10/6/97 through 10/12/97 .......... 35

(e) 10/13/97 through 10/19/97 ........ 35

(f) 10/20/97 through 10/26/97 ......... 35

(g) 10/27/97 through 11/2/97 .......... 35

(h) 11/3/97 through 11/9/97 ............ 35

(i) 11/10/97 through 11/16/97 ......... 35

(j) 11/17/97 through 11/23/97 ......... 35

(k) 11/24/97 through 11/30/97 ........ 35

Dated: October 23, 1997.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–28823 Filed 10–27–97; 3:42 pm]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 984

[Docket No. FV97–984–1 IFR]

Walnuts Grown in California;

Decreased 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 Walnut Marketing

Board (Board) under Marketing Order

No. 984 for the 1997–98 and subsequent

marketing years. The Board is

responsible for local administration of

the marketing order which regulates the

handling of walnuts grown in

California. Authorization to assess

walnut handlers enables the Board to

incur expenses that are reasonable and

necessary to administer the program.

The 1997–98 marketing year covers the

period August 1 through July 31. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

DATES: Effective October 31, 1997.

Comments received by December 29,

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 Programs, 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
58642 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Diane Purvis, Marketing Assistant, or

Mary Kate Nelson, Marketing Specialist,

California Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

2202 Monterey Street, Suite 102B,

Fresno, California 93721; telephone:

(209) 487–5901, Fax: (209) 487–5906; or

George Kelhart, Marketing Order

Administrative Branch, Fruit and

Vegetable Programs, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491; 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 Programs, 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. 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 rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, California walnut 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 walnuts

beginning August 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 a

petition with the Secretary 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 Board for the

1997–98 and subsequent marketing

years from $0.0117 to $0.0116 per

kernelweight pound of certified

merchantable walnuts.

The California walnut marketing

order provides authority for the Board,

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 Board are producers and

handlers of California walnuts. They are

familiar with the Board’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

marketing years, the Board

recommended, and the Department

approved, an assessment rate that would

continue in effect from marketing year

to marketing year indefinitely unless

modified, suspended, or terminated by

the Secretary upon recommendation

and information submitted by the Board

or other information available to the

Secretary.

The Board met on September 12,

1997, and unanimously recommended

1997–98 expenditures of $2,391,289 and

an assessment rate of $0.0116 per

kernelweight pound of merchantable

walnuts certified. In comparison, last

year’s budgeted expenditures were

$2,301,869. The assessment rate of

$0.0116 is $0.0001 less than the rate

currently in effect. The lower

assessment rate is needed to bring

expected assessment income closer to

the amount necessary to administer the

program for the 1997–98 marketing year.

The quantity of assessable walnuts for

1997–98 is estimated at 207,000,000

kernelweight pounds, or 9,000,000

kernelweight pounds higher than 1996–

97. With more assessable walnuts, the

current rate of assessment would have

generated substantially more funds than

needed to meet the Board’s financial

obligations. Income would have

exceeded anticipated expenses by about

$31,000. The decrease in the assessment

rate in conjunction with the anticipated

increase in assessable walnuts should

provide adequate assessment income to

meet this year’s expenses.

The major expenditures

recommended by the Board for the

1997–98 marketing year include

$240,326 for general expenses, $147,126

for office expenses, $1,928,837 for

research expenses, $50,000 for a

production research director, and

$25,000 for the reserve. Budgeted

expenses for these items in 1996–97

were $232,684, $150,508, $1,840,677,

$48,000, and $30,000, respectively.

The assessment rate recommended by

the Board was derived by dividing

anticipated expenses by expected

merchantable certifications of California

walnuts for 1997–98. As mentioned

earlier, merchantable certifications for

the year are estimated at 207,000,000

kernelweight pounds, which should

provide $2,401,200 in assessment

income (about $10,000 more than

estimated expenses). Unexpended funds

may be used temporarily to defray

expenses of the subsequent marketing

year, but must be made available to the

handlers from whom collected within

five months after the end of the year.

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 Board or

other available information.

Although this assessment rate is

effective for an indefinite period, the

Board will continue to meet prior to or

during each marketing year to

recommend a budget of expenses and

consider recommendations for

modification of the assessment rate. The

dates and times of Board meetings are

available from the Board or the

Department. Board meetings are open to

the public and interested persons may

express their views at these meetings.

The Department will evaluate Board

recommendations and other available

information to determine whether

modification of the assessment rate is

needed. Further rulemaking will be

undertaken as necessary. The Board’s

1997–98 budget and those for

subsequent marketing years 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.
Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations 58643

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 California walnuts in the

production area and approximately 50

handlers subject to regulation under the

marketing order. Small agricultural

producers are 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

California walnut producers and

handlers may be classified as small

entities.

This rule decreases the assessment

rate established for the Board and

collected from handlers for the 1997–98

and subsequent marketing years from

$0.0117 to $0.0116 per kernelweight

pound of merchantable walnuts

certified. The Board unanimously

recommended 1997–98 expenditures of

$2,391,289 and an assessment rate of

$0.0116 per kernelweight pound of

merchantable walnuts certified. The

assessment rate of $0.0116 is $0.0001

less than the 1996–97 rate. The quantity

of assessable walnuts for the 1997–98

marketing year is estimated at

207,000,000 kernelweight pounds.

Thus, the $0.0116 rate should provide

$2,401,900 in assessment income and be

adequate to meet this year’s expenses.

The Board’s increase in budgeted

expenses from $2,301,869 to $2,391,289

is due primarily to increases in the

following line item categories—

administrative and office salaries,

research programs, and the production

research director. Expenses for these

items for 1997–98, with last year’s

budgeted expenses in parentheses, are:

administrative and office salaries—

$148,080 ($142,000), research

programs—$1,928,837 ($1,840,677), and

production research director—$50,000

($48,000).

The primary reason for the reduced

assessment rate is an anticipated

increase in merchantable walnuts

expected to be certified during the

1997–98 marketing year. As mentioned

earlier, the quantity of assessable

walnuts for 1997–98 is estimated at

207,000,000 kernelweight pounds, or

9,000,000 kernelweight pounds higher

than in 1996–97. The decrease in the

assessment rate in conjunction with the

increase in shipments should provide

adequate assessment income to meet

this year’s expenses. Assessment

income is expected to total $2,401,900.

This is about $10,000 more than 1997–

98 budgeted expenses. At the current

rate, assessment income would have

exceeded expenses by about $31,000,

which was unacceptable to the Board.

Unexpended funds may be used

temporarily to defray expenses of the

subsequent marketing year, but must be

made available to the handlers from

whom collected within five months

after the end of the year.

The Board reviewed and unanimously

recommended 1997–98 expenditures of

$2,391,289, which included increases in

administrative and office salaries, and

research programs. Prior to arriving at

this budget, the Board considered

information from various sources, such

as the Board’s Budget and Personnel

Committee, the Research Committee,

and the Market Development

Committee. Alternative expenditure

levels were discussed by these groups,

based upon the relative value of various

research projects to the walnut industry.

The assessment rate of $0.0116 per

kernelweight pound of merchantable

walnuts certified was then determined

by dividing the total recommended

budget by the quantity of assessable

walnuts, estimated at 207,000,000

kernelweight pounds for the 1997–98

marketing year. This would produce

assessment income of about $2,401,900.

This is approximately $10,000 above the

anticipated expenses, which the Board

determined to be acceptable.

Data for recent seasons and

projections for the upcoming season

indicate that anticipated 1997–98

assessment revenue as a percentage of

total grower revenue could range

between 2 and 2.5 percent.

This action reduces the assessment

obligation imposed on handlers. While

this rule imposes 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

Board’s meeting was widely publicized

throughout the California walnut

industry and all interested persons were

invited to attend the meeting and

participate in Board deliberations on all

issues. Like all Board meetings, the

September 12, 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 imposes no additional

reporting or recordkeeping requirements

on either small or large California

walnut 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 Board 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 Board needs to have

sufficient funds to pay its expenses

which are incurred on a continuous

basis; (2) the 1997–98 marketing year

began on August 1, 1997, and the

marketing order requires that the rate of

assessment for each marketing year

apply to all assessable walnuts handled

during such marketing year; (3) handlers

are aware of this action which was

unanimously recommended by the

Board 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 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. Section 984.347 is revised to read

as follows:
58644 Federal Register / Vol. 62, No. 210 / Thursday, October 30, 1997 / Rules and Regulations

§ 984.347 Assessment rate.

On and after August 1, 1997, an

assessment rate of $0.0116 per

kernelweight pound is established for

California merchantable walnuts.

Dated: October 24, 1997.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–28824 Filed 10–29–97; 8:45 am]

BILLING CODE 3410–02–P

FARM CREDIT ADMINISTRATION

12 CFR Part 615

RIN 3052–AB75

Funding and Fiscal Affairs, Loan

Policies and Operations, and Funding

Operations; Cumulative Voting;

Effective Date

AGENCY: Farm Credit Administration.

ACTION: Notice of effective date.

SUMMARY: The Farm Credit

Administration (FCA) published a final

rule under part 615 on September 24,

1997 (62 FR 49907). The final rule

amends the regulations to provide that

a Farm Credit Bank (FCB or bank) may

eliminate cumulative voting in director

elections with the consent of 75 percent

of the bank’s association shareholders.

In accordance with 12 U.S.C. 2252, the

effective date of the final rule is 30 days

from the date of publication in the

Federal Register during which either or

both Houses of Congress are in session.

Based on the records of the sessions of

Congress, the effective date of the

regulations is October 30, 1997.

EFFECTIVE DATE: The regulation

amending 12 CFR part 615 published on

September 24, 1997 (62 FR 49907) is

effective October 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Gaylon J. Dykstra, Policy Analyst, Policy

Development and Risk Control, Farm

Credit Administration, McLean, VA

22102–5090, (703) 883–4498;

or

Rebecca S. Orlich, Senior Attorney,

Office of General Counsel, Farm

Credit Administration, McLean, VA

22102–5090, (703) 883–4020, TDD

(703) 883–4444.

(12 U.S.C. 2252(a) (9) and (10))

Dated: October 27, 1997.

Floyd Fithian,

Secretary, Farm Credit Administration Board.

[FR Doc. 97–28808 Filed 10–29–97; 8:45 am]

BILLING CODE 6705–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 97–ACE–15]

Amendment to Class E Airspace;

Aurora, MO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This notice confirms the

effective date of a direct final rule which

revises Class E airspace at Aurora, MO.

DATES: The direct final rule published at

62 FR 43275 is effective 0901 UTC,

October 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, MO 64106;

telephone (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on August 13, 1997 (62 FR

43275). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

October 31, 1997. No adverse comments

were received, and thus this notice

confirms that this direct final rule will

become effective on that date.

Issued in Kansas City, MO on September

18, 1997.

H. J. Lyons, Jr.,

Manager, Air Traffic Division, Central Region.

[FR Doc. 97–28751 Filed 10–29–97; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. 97–ACE–16]

Amendment to Class E Airspace;

Keokuk, IA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This action amends the Class

E airspace area at Keokuk Municipal

Airport, Keokuk, IA. The FAA has

developed a Localizer/Distance

Measuring Equipment (LOC/DME)

Runway (RWY) 26 Standard Instrument

Approach Procedure (SIAP) utilizing the

LOC and DME of the Instrument

Landing System (ILS). Additional

controlled airspace extending upward

from 700 feet Above Ground Level

(AGL) is needed to accommodate this

SIAP, and for Instrument Flight Rules

(IFR) operations at this airport. The

enlarged area will contain the new LOC/

DME RWY 26 SIAP in controlled

airspace. The intended effect of this rule

is to provided additional controlled

airspace for aircraft arriving at the

Keokuk Municipal Airport.

DATES: Effective date: 0901 UTC April

23, 1998. Comment date: Comments

must be received on or before January

15, 1998.

ADDRESSES: Send comments regarding

the rule in triplicate to: Manager,

Airspace Branch, Air Traffic Division,

ACE–520, Federal Aviation

Administration, Docket Number 97–

ACE–16, 601 East 12th Street, Kansas

City, MO 64106.

The official docket may be examined

in the Office of the Regional Counsel for

the Central Region at the same address

between 9:00 a.m. and 3:00 p.m.,

Monday through Friday, except Federal

holidays.

An informal docket may also be

examined during normal business hours

in the Air Traffic Division at the same

address listed above.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, Federal

Aviation Administration, 601 East 12th

Street, Kansas City, Missouri 64106;

telephone: (816) 426–3408.

SUPPLEMENTARY INFORMATION: The FAA

has developed a LOC/DME RWY 26

SIAP utilizing the LOC and DME of the

ILS at Keokuk Municipal Airport,

Keokuk, IA. The amendment to Class E

airspace at Keokuk, IA, will provide

additional controlled airspace at and

above 700 feet AGL in order to contain

the new SIAP in controlled airspace and

thereby facilitate separation of aircraft

operating under IFR. The area will be

depicted on appropriate aeronautical

charts. Class E airspace areas extending

from 700 feet or more above the surface

of the earth are published in paragraph

6005 of FAA Order 7400.9E, dated

September 10, 1997, and effective

September 16, 1997, which is