62506 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Rules and Regulations

the northeast corner of sec. 24, T. 3 N.,

R. 1 E.; then south to the point of

beginning;

Beginning at the southwest corner of

sec. 1, T. 1 S., R. 5 W.; then north along

the Hassayampa River to sec. 10, T. 1 N.,

R. 5 W.; then east to the north center of

sec. 16, T. 1 N., R. 4 W.; then south to

the southeast corner of sec. 4, T. 1 S.,

R. 4 W.; then west to the point of

beginning; and

Beginning at the southeast corner of

sec. 36, T. 2 S., R. 5 E.; then west to the

southwest corner of sec. 32, T. 2 S., R.

5 E.; then north to the northwest corner

of sec. 20, T. 1 S., R. 5 E.; then east to

the northwest corner of sec. 20, T. 1 S.,

R. 6 E.; then north to the northwest

corner of sec. 8, T. 1 S., R. 6 E.; then

east to the northeast corner of sec. 12,

T. 1 S., R. 6 E.; then south to the

southeast corner of sec. 1, T. 2 S., R. 6

E.; then west to the southwest corner of

sec. 6, T. 2 S., R. 6 E.; then south to the

point of beginning.

Pinal County. Beginning at the

southwest corner of sec. 31, T. 5 S., R.

4 E.; then west to the southwest corner

of sec. 33, T. 5 S., R. 3 E.; then north

to the northwest corner of sec. 33, T. 5

S., R. 3 E.; then west to the southwest

corner of sec. 26, T. 5 S., R. 2 E.; then

north to the west center of sec. 14, T. 4

S., R. 2 E.; then east to the east center

of sec. 14, T. 4 S., R. 3 E.; then south

to the northeast corner of sec. 2, T. 5 S.,

R. 3 E.; then east to the northeast corner

of sec. 6, T. 5 S., R. 4 E.; then south to

the point of beginning.

* * * * *

Texas

(1) * * *

* * * * *

McCulloch County. Beginning at the

McCulloch/San Saba County line and

the line of latitude 31.232299 N.; then

west along the line of latitude 31.232299

N. to the line of longitude ¥99.134731

W.; then north along the line of

longitude ¥99.134731 W. to the line of

latitude 31.283487 N.; then east along

the line of latitude 31.283487 N. to the

McCulloch/San Saba County line; then

south along the McCulloch/San Saba

County line to the point of beginning.

Mills County. Beginning at the Mills/

San Saba County line and the line of

latitude 31.310619 N.; then east along

the line of latitude 31.310619 N. to the

line of longitude ¥98.743705 W.; then

south along the line of longitude

¥98.743705 W. to the Mills/San Saba

County line; then west and north along

the Mills/San Saba County line to the

point of beginning.

San Saba County. The entire county.

(2) * * *

* * * * *

San Saba County.

40104 3201

40111 2801

40111 3301

40112 1901

40112 1902

40112 1903

40112 2001

40112 2101

40112 3301

40112 3401

40113 2302

40113 2401

40113 2405

40113 2406

40113 3301

40115 0701

40115 1601

(3) Surveillance areas.

McCulloch County. Beginning at the

McCulloch/San Saba County line and

the line of latitude 31.232299 N.; then

west along the line of latitude 31.232299

N. to the line of longitude ¥99.134731

W.; then north along the line of

longitude ¥99.134731 W. to the line of

latitude 31.283487 N.; then east along

the line of latitude 31.283487 N. to the

McCulloch/San Saba County line; then

south along the McCulloch/San Saba

County line to the point of beginning.

Mills County. Beginning at the Mills/

San Saba County line and the line of

latitude 31.310619 N.; then east along

the line of latitude 31.310619 N. to the

line of longitude ¥98.743705 W.; then

south along the line of longitude

¥98.743705 W. to the Mills/San Saba

County line; then west and north along

the Mills/San Saba County line to the

point of beginning.

San Saba County. Beginning at the

San Saba/Mills County line and the line

of longitude ¥98.743705 W.; then south

along the line of longitude ¥98.743705

W. to the line of latitude 31.167959 N.;

then west along the line of latitude

31.167959 N. to the line of longitude

¥98.903233 W.; then north along the

line of longitude ¥98.903233 W. to the

line of latitude 31.310819 N.; then east

along the line of latitude 31.310819 N.

to the San Saba/Mills County line; then

south along the San Saba/Mills County

line to the point of beginning; and

Beginning at the San Saba/McCulloch

County line and the line of latitude

31.283487 N.; then east along the line of

latitude 31.283487 N. to the line of

longitude ¥99.063487 W.; then south

along the line of longitude ¥99.063487

W. to the line of latitude 31.232299 N.;

then west along the line of latitude

31.232299 N. to the San Saba/

McCulloch County line; then north

along the San Saba/McCulloch County

line to the point of beginning.

Done in Washington, DC, this 18th day of

November 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–30784 Filed 11–21–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 931

[Docket No. FV97–931–2 FIR]

Fresh Bartlett Pears Grown in Oregon

and Washington; Reduced

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, without change, the

provisions of an interim final rule

which decreased the assessment rate

established for the 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

began July 1 and ends June 30. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: December 24, 1997.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Programs, 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 Programs, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632. 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) 205–6632.
Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Rules and Regulations 62507

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 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 continues in effect the

assessment rate established for the

Committee for the 1997–98, and

subsequent fiscal periods of $0.03 per

standard box of fresh Bartlett pears.

The 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 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 previously in effect. The

former rate of $0.0375 would have

resulted in a reserve that exceeded the

level the Committee believes is

necessary to administer the program.

The Committee discussed alternatives to

this rule, including alternative

assessment levels, 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.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of fresh Bartlett pears.

Applying the $0.03 per standard box

rate of assessment to the Committee’s

3,150,000 standard box shipment

estimate should provide $94,500 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 will be kept within

the maximum permitted by the order.

Major expenditures recommended by

the Committee for the 1997–98 year

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 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 was

approved by the Department on August

26, 1997, 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

final 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 continues in effect a

decreased 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 previously in effect. Fresh

Bartlett pear shipments for the year
62508 Federal Register / Vol. 62, No. 226 / Monday, November 24, 1997 / Rules and Regulations

were estimated at 3,150,000 standard

boxes, which should provide $94,500 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 will be kept within

the maximum permitted by the order.

The Committee discussed alternatives

to this rule, including alternative

expenditure levels. The former rate of

$0.0375 would have resulted in a

reserve that exceeded the level the

Committee believes is necessary to

administer the program. 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.

Recent price information indicates

that the grower price for the 1997–98

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.

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

final rule.

The interim final rule published in

the Federal Register (62 FR 44884) on

August 25, 1997, requested comments to

be received by September 24, 1997. A

copy of the interim final rule was also

made available on the Internet by the

U.S. Government Printing Office. No

comments were received.

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.

List of Subjects in 7 CFR Part 931

Fresh Bartlett pear, Marketing

agreements, Reporting and

recordkeeping requirements.

PART 931—FRESH BARTLETT PEARS

GROWN IN OREGON AND

WASHINGTON

Accordingly, the interim final rule

amending 7 CFR part 931 which was

published at 62 FR 44884 on August 25,

1997, is adopted as a final rule without

change.

Dated: November 18, 1997.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–30785 Filed 11–21–97; 8:45 am]

BILLING CODE 3410–02–P

FEDERAL RESERVE SYSTEM

12 CFR Part 261

[Docket No. R–0975]

Rules Regarding Availability of

Information; Correction

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule; correction.

SUMMARY: The Board of Governors of the

Federal Reserve System (Board)

published in the Federal Register of

October 20, 1997, a document which

amended the Board’s Rules Regarding

Availability of Information (Rules). This

document corrects citation errors within

the Rules.

EFFECTIVE DATE: November 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Elaine M. Boutilier, Senior Counsel,

202–452–2418, Legal Division. For the

hearing impaired only, contact Diane

Jenkins, Telecommunications Device for

the Deaf (TDD), 202–452–3544, Board of

Governors of the Federal Reserve

System, 20th and Constitution, N.W.,

Washington, D.C. 20551.

SUPPLEMENTARY INFORMATION: The Board

published a document in the Federal

Register of October 20, 1997, (62 FR

54356). The document (FR Doc. 97–

27566) amended the Board’s Rules

Regarding Availability of Information

and contained several incorrect

citations. This document also adds an

amendatory instruction which will

revise citations within subpart C of the

Rules to reflect the new renumbering.

In final rule, FR Doc. 97–27566,

published on October 20, 1997, (62 FR

54356) make the following corrections:

PART 261—[CORRECTED]

1. On page 54359, in the first column,

in the authority citation, line 6, correct

‘‘15 U.S.C. 77uu(b)’’ to read ‘‘15 U.S.C.

77uuu(b)’’.

§ 261.22 [Corrected]

2. On page 54359, in the first column,

add amendatory instruction 3a. to read

as follows:

a. Newly designated § 261.22 is

amended by:

a. In paragraphs (b)(1) introductory

text and (b)(2), the reference ‘‘§§ 261.11

and 261.12’’ is removed and ‘‘§§ 261.20

and 261.21’’ is added in its place.

b. In paragraph (d), the reference

‘‘§ 261.9’’ is removed and ‘‘§ 261.12’’ is

added each place it appears.

§ 261.1 [Corrected]

3. On page 54359, in the second

column, in § 261.1, in paragraph (a)(1),

line 22, correct ‘‘the Securities and

Exchange Act,’’ to read ‘‘the Securities

and Exchange Commission

Authorization Act,’’.

§ 261.12 [Corrected]

4. On page 54362, in the second

column, in § 261.12, in paragraph (b)(3),

line 7, correct ‘‘§ 261.23(b)(1)(ii)’’ to

read ‘‘§ 261.22(b)’’.

5. On page 54362, in the second

column, in § 261.12, paragraph (c)(3),

last line, correct ‘‘§ 261.17(h)’’ to read

‘‘§ 261.17(f)’’.

6. On page 54362, in the second

column, in § 261.12, paragraph (c)(4),

last line, correct ‘‘§ 261.23(b)’’ to read

‘‘§ 261.22(b)’’.

§ 261.17 [Corrected]

7. On page 54366, in the first column,

in § 261.17, paragraph (f)(4), last line,

correct ‘‘§ 261.13(j)’’ to read

‘‘§ 261.13(i)’’.