61080 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

Regulatory Affairs, OMB, Attention:

Desk Officer for APHIS, Washington, DC

20503, and (2) Docket No. 00–037–1,

Regulatory Analysis and Development,

PPD, APHIS, suite 3C03, 4700 River

Road Unit 118, Riverdale, MD 20737–

1238. Please state that your comments

refer to Docket No. 00–037–1 and send

your comments within 60 days of

publication of this rule.

This rule amends the citrus canker

regulations to establish provisions

under which eligible owners of

commercial citrus groves may receive

payments to replace commercial citrus

trees removed because of citrus canker.

Implementing this program would

necessitate the use of an information

collection activity in the form of an

application for funds.

We are soliciting comments from the

public concerning our information

collection and recordkeeping

requirements. These comments will

help us:

(1) Evaluate whether the information

collection is necessary for the proper

performance of our agency’s functions,

including whether the information will

have practical utility;

(2) Evaluate the accuracy of our

estimate of the burden of the

information collection, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

information collection on those who are

to respond (such as through the use of

appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology; e.g., permitting

electronic submission of responses).

Estimate of burden: Public reporting

burden for this collection of information

is estimated to average 0.21 hours per

response.

Respondents: Eligible commercial

citrus grove owners in Florida.

Estimated annual number of

respondents: 65.

Estimated annual number of

responses per respondent: 1.08.

Estimated annual number of

responses: 70.

Estimated total annual burden on

respondents: 15 hours.

(Due to rounding, the total annual

burden hours may not equal the product

of the annual number of responses

multiplied by the average reporting

burden per response.)

Copies of this information collection

can be obtained by calling Mrs. Celeste

Sickles, APHIS’ Information Collection

Coordinator, at (301) 734–7477.

List of Subjects in 7 CFR Part 301

Agricultural commodities, 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

is revised to read as follows:

Authority: Title IV, Pub. L. 106–224, 114

Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166;

7 CFR 2.22, 2.80, and 371.3.

Section 301.75–15 also issued under Sec.

204, Title II, Pub. L. 106–113, 113 Stat.

1501A–293, and sec. 203, title II, Pub. L.

106–224, 114 Stat. 400 (7 U.S.C. 1421 note).

2. Section 301.75–1 is amended by

adding, in alphabetical order,

definitions of the terms commercial

citrus grove and public order to read as

follows:

§ 301.75–1 Definitions.

* * * * *

Commercial citrus grove. An

establishment maintained for the

primary purpose of producing citrus

fruit for commercial sale.

* * * * *

Public order. Either an ‘‘Agreement to

Destroy and Covenant Not to Sue’’

signed by the grove owner and the

Florida Department of Food and

Consumer Services, Division of Plant

Industry (DPI), or an ‘‘Immediate Final

Order’’ issued by DPI, both of which

identify citrus trees infected with or

exposed to citrus canker and order their

destruction.

* * * * *

3. In Subpart—Citrus Canker, a new

§ 301.75–15 is added to read as follows:

§ 301.75–15 Funds for the replacement of

commercial citrus trees.

Subject to the availability of

appropriated funds, the owner of a

commercial citrus grove may be eligible

to receive funds to replace commercial

citrus trees in accordance with the

provisions of this section.

(a) Eligibility. The owner of a

commercial citrus grove may be eligible

to receive funds to replace commercial

citrus trees removed to control citrus

canker if the trees were removed

pursuant to a public order between 1986

and 1990 or on or after September 28,

1995.

(b) Tree replacement payments. The

owner of a commercial citrus grove who

is eligible under paragraph (a) of this

section to receive funds to replace

commercial citrus trees will, upon

approval of an application submitted in

accordance with paragraph (c) of this

section, receive a payment of $26 per

tree up to the following per-acre

maximum payments:

Variety

Maximum

payment

per acre

Grapefruit, red seedless ............. $2,704

Orange, Valencia ........................ 3,198

Orange, early/midseason/navel .. 3,068

Tangelo ....................................... 2,964

Lime ............................................ 4,004

Other or mixed citrus .................. 2,704

(c) How to apply for tree replacement

funds. The form necessary to apply for

funds to replace commercial citrus trees

may be obtained from any local citrus

canker eradication program office in

Florida, or from the USDA Citrus

Canker Project, 10300 SW 72nd Street,

Suite 150, Miami, FL 33173. The

completed application should be

accompanied by a copy of the public

order directing the destruction of the

trees and its accompanying inventory

that describes the number and the

variety of trees removed. Your

completed application must be sent to

the USDA Citrus Canker Eradication

Project, Attn: Commercial Tree

Replacement Program, c/o Division of

Plant Industry, 3027 Lake Alfred Road,

Winter Haven, FL 33881. Claims for

trees destroyed on or before the effective

date of this rule must be received within

60 days after the effective date of this

rule. Claims for trees destroyed after the

effective date of this rule must be

received within 60 days after the

destruction of the trees.

(Approved by the Office of Management and

Budget under control number 0579–0163.)

Done in Washington, DC, this 12th day of

October 2000.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–26591 Filed 10–13–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 956

[Docket No. FV00–956–1 IFR]

Sweet Onions Grown in the Walla

Walla Valley of Southeast Washington

and Northeast Oregon; Revision of

Administrative Rules and Regulations

AGENCY: Agricultural Marketing Service,

USDA.

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61081

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule modifies the

handler assessment and reporting

requirements under the Walla Walla

sweet onion marketing order. The

marketing order regulates the handling

of sweet onions grown in the Walla

Walla Valley and is administered locally

by the Walla Walla Sweet Onion

Marketing Committee (Committee). For

sweet onions handled during the period

September 1 through May 31 of each

fiscal period, this rule provides dates by

which handlers must pay assessments

and furnish reports to the Committee

that reflect new cultural and storage

practices that have extended the

traditional mid-summer marketing

season.

DATES: Effective October 17, 2000;

comments received by December 15,

2000 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, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Fax: (202) 720–5698, or

E-mail: moab.docketclerk@usda.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:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, suite 385, Portland,

Oregon 97204–2807; telephone: (503)

326–2724, Fax: (503) 326–7440; or

George 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) 720–5698.

Small businesses may request

information on complying 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, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 956, as amended (7 CFR

part 956), regulating the handling of

sweet onions grown in the Walla Walla

Valley of Southeast Washington and

Northeast Oregon, 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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule provides dates by

which handlers must pay assessments

and furnish reports to the Committee

that reflect new cultural and storage

practices for sweet onions handled

during the period September 1 through

May 31 of each fiscal period. 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.

Section 956.41 of the order provides

the Committee with the authority to

establish an annual budget of

expenditures and § 956.42 provides

authority for the Committee to levy

assessments upon handlers of Walla

Walla sweet onions to provide adequate

funds to defray such expenditures.

Section 956.202 establishes the current

assessment rate of $0.21 per 50-pound

bag of Walla Walla sweet onions

handled. Section 956.42 also provides

the Committee with the authority to

impose an interest charge on any

handler who fails to pay any assessment

in a timely manner, and § 956.142 of the

order’s administrative rules and

regulations establishes rate of interest

and the date such interest charge begins

to accrue. Section 956.80 establishes the

authority for the Committee to require

handler reports, while § 956.180

provides the rules and regulations

necessary for the Committee to

implement and administer such

reporting requirements.

For sweet onions handled on or after

September 1, this rule modifies the date

handlers must pay assessments and

furnish reports to the Committee. These

changes recognize new cultural and

storage practices that have extended the

traditional mid-summer marketing

season. The changes provide dates by

which handlers must pay assessments

and submit reports on shipments made

in September or later. This rule was

unanimously recommended by the

Committee on August 15, 2000.

Sections 956.142 (interest charges)

and 956.180 (reports) were established

in August 1996 to foster prompt

assessment payments and to ensure that

adequate funds would be available to

cover budgeted expenses incurred by

the Committee under the order. Section

956.180 established reporting

requirements for providing the

Committee with statistical information

regarding total industry shipments and

is used as a basis for assessment

collection. This information also is

useful for the development of a budget

and in making marketing and promotion

plans for the upcoming season. Section

956.142 establishes an assessment due

date and an interest charge on any

handler who fails to pay his or her

assessments within thirty days of the

due date. The assessment due date is

September 1, and the monthly interest

charge on delinquent assessments is 1.5

percent.

Historically, Walla Walla sweet

onions have been planted in the fall,

then harvested and marketed from late

June to early August. Due to the short

shelf life of this traditionally nonstorage, summer onion, the marketing

season has closely followed the annual

harvest. However, recent changes in

cultural and storage practices within the

Walla Walla sweet onion industry are

lengthening the marketing season for

some of the sweet onions produced in

the Walla Walla Valley. A few

producers have been planting sweet

onions in the spring, thereby extending

the traditional mid-summer harvest into

late summer or early fall. In addition,

Controlled Atmosphere (CA) storage has

been introduced this season, and the

potential now exists for extending the

marketing season further into the fall

and early winter season.

By extending the due dates for

assessments and reports on sweet

onions handled on or after September 1,

this action provides Walla Walla sweet

61082 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

onion handlers more time to comply

with these requirements. This will

enable them to take advantage of the

expanding marketing season. The

Committee will continue to require that

assessments be paid and reports

submitted by September 1 for onions

handled in June, July, and August.

For assessments due on sweet onions

handled prior to September 1, the

monthly interest charge of 1.5 percent

will continue to accrue after September

30. For assessments due on sweet

onions handled during the period

September 1 through May 31 of each

fiscal period, interest charges will begin

accruing 30 days after the handler’s

report of shipments is due.

Handlers marketing their sweet

onions prior to September 1 will

continue to submit reports (Committee

Form No. 1’s) showing weekly and

seasonal totals by September 1, and

assessments for their shipments to the

Committee no later than September 30

to avoid late payment interest charges.

For shipments during the period

September 1 through May 31 of each

fiscal period, handlers will submit a

separate report, along with the

appropriate assessment payment, for

each monthly period that they continue

to make shipments. Such report will be

due at the office of the Committee no

later than 30 days following the end of

the month in which shipments were

made. Assessments will be due within

thirty (30) days of the last day of the

month in which the shipments are

made. For example, a handler shipping

Walla Walla sweet onions anytime

during the month of September would

furnish the shipment report to the

Committee no later than October 30. In

this example, the report would contain

the number of 50-pound equivalents of

Walla Walla sweet onions shipped by

such handler during each week in

September, along with the monthly total

of shipments and a check for the

appropriate assessment amount. This

reporting and payment schedule

continues for each monthly period

Walla Walla sweet onions are handled

after September 1.

With the introduction of spring

planting and CA storage for Walla Walla

sweet onions and the associated

extension of the traditional marketing

season, this action is necessary to

ensure that adequate Committee

operating funds are obtained in a timely

manner, that producers and handlers are

treated equitably and have the needed

flexibility to produce and market their

crop as they desire, and that consumers

have an extended season in which to

purchase Walla Walla sweet onions.

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, the 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 30 handlers

of Walla Walla sweet onions who are

subject to regulation under the order

and approximately 60 sweet onion

producers in the regulated production

area. Small agricultural service firms are

defined by the Small Business

Administration (13 CFR 121.201) as

those having annual receipts of less than

$5,000,000, and small agricultural

producers are defined as those having

annual receipts of less than $500,000.

The Committee estimates that all of

the handlers of Walla Walla sweet

onions ship under $5,000,000 worth of

sweet onions on an annual basis. In

addition, based on acreage, production,

and producer prices reported by the

National Agricultural Statistics Service,

and the total number of onion producers

in the regulated production area, the

average gross annual producer revenue

from sweet onions was about $117,000

in 1999, the most recent year statistics

are available. Based on this information,

it can be concluded that the majority of

Walla Walla sweet onion handlers and

producers may be classified as small

entities, excluding receipts from other

sources.

Based on authority in §§ 956.42 and

956.80, the Committee unanimously

recommended this action at a public

meeting on August 15, 2000.

Specifically, for sweet onions handled

on or after September 1, this rule

modifies the date handlers must pay

assessments (§ 956.142) and furnish

reports (§ 956.180) to the Committee.

These changes are being made to

recognize new cultural and storage

practices that will extend the traditional

mid-summer marketing season to midwinter, and would provide handlers

more time to pay assessments and file

reports on these later shipments.

Regarding the impact of this action on

affected entities, sweet onion handlers

will not be forced into noncompliance

because they will be able to pay

assessments and submit shipment

reports later than currently provided.

When the current deadlines were

established, the Committee did not

envision shipments being made in

September or later. Walla Walla sweet

onions have a relatively high market

value, but generally must be harvested

and sold within a short time period

between late June and early August. By

extending the marketing season,

producers and handlers hope to increase

their returns while providing consumers

with unique, highly demanded sweet

onions during a period of time such

onions are usually not available.

The Committee estimates that during

the current marketing season only a

limited amount of sweet onions may be

handled on or after September 1 and

into early winter. The Committee has

been informed, however, that an

additional 1,300 acres of sweet onions

may be planted for the 2001 marketing

season with many of the onions possibly

going into CA storage. Approximately

800 acres of Walla Walla sweet onions

were planted for the 2000 season.

The Committee discussed alternatives

to the recommendation, including

leaving the regulations unmodified.

However, the Committee decided that it

did not have the option of leaving the

regulations unmodified because some

handler assessment obligations are

expected to accrue during the period

September 1 through May 31 of each

fiscal period. Another alternative

discussed would have changed the

regulations to require the submission of

reports and assessments for the entire

crop, regardless of when marketed,

within 30 to 60 days of the date of

shipment. The Committee rejected this

option because it felt that the bulk of the

Walla Walla sweet onion crop will

continue to be marketed during the

traditional mid-summer season, and it

wants to ensure that an adequate

income is received early in the fiscal

period to offset expenditures. The fiscal

period begins June 1 and ends May 31.

The Committee uses Form No. 1,

Handler’s Statement of Walla Walla

Sweet Onion Shipments, for collecting

assessments and statistical data. This

form has traditionally been mailed to

handlers in mid-August with the

requirement that it be returned by

September 1. Handler assessments are

due within 30 days of September 1 to

avoid imposition of the 1.5 percent per

month interest charge for overdue

assessments. The Committee has revised

Form No. 1 to reflect the changes made

herein.

The Committee estimates that only

two of the currently regulated handlers

in the Walla Walla sweet onion

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61083

production area may initially ship sweet

onions on or after September 1. The

Committee also estimates that the

revised Form No. 1 will continue to take

approximately 25 minutes to complete.

With only two handlers submitting

reports on October 31 and possibly

again on November 30, for example, the

total additional burden on the industry

for the information reporting

requirements for sweet onions shipped

on or after September 1 would

approximate 100 minutes per year.

Thus, while this rule will impose some

additional reporting requirements, the

burden is currently approved under

OMB No. 0581–0078 by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

1995 (44 U.S.C. Chapter 35). The

Agricultural Marketing Service has

notified the Office of Management and

Budget of this change in burden.

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. In addition, the

Department has not identified any

relevant Federal rules that duplicate,

overlap, or conflict with this rule.

The Committee’s meeting was widely

publicized throughout the Walla Walla

sweet onion industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the August 15,

2000, meeting was a public meeting and

all entities, both large and small, were

able to express views on this issue.

Further, interested persons are invited

to submit information on the regulatory

and informational impacts of this action

on small businesses.

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

Committee’s recommendation, and

other information, it is found that this

interim final rule, as hereinafter set

forth, will tend to effectuate the

declared policy of the Act.

This rule invites comments on

providing handlers more time to meet

assessment and reporting requirements

for Walla Walla sweet onions handled

during the period September 1 through

May 31 of each fiscal period. Any

comments received will be considered

prior to finalization of this rule.

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 rule provides relaxed

assessment and reporting requirements

for Walla Walla sweet onions handled

during the period September 1 through

May 31 of each fiscal period; (2) this

rule needs to be effective promptly so

handlers will be able to market their

sweet onions on or after September 1,

2000, and be in compliance with order

requirements; (3) the Committee

unanimously recommended this change

at a public meeting, and interested

parties had an opportunity to provide

input; and (4) this rule provides a 60-

day comment period, and any

comments received will be considered

prior to finalization of this rule.

List of Subjects in 7 CFR Part 956

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 956 is amended as

follows:

PART 956—SWEET ONIONS GROWN

IN THE WALLA WALLA VALLEY OF

SOUTHEAST WASHINGTON AND

NORTHEAST OREGON

1. The authority citation for 7 CFR

part 956 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 956.142 is revised to read

as follows:

§ 956.142 Interest charges.

For Walla Walla Sweet Onions

handled prior to September 1, the

Committee shall impose an interest

charge on any handler who fails to pay

his or her annual assessments within

thirty (30) days of the due date of

September 1. For Walla Walla Sweet

Onions handled during the period

September 1 through May 31 of each

fiscal period, the Committee shall

impose an interest charge on any

handler who fails to pay his or her

assessments within thirty (30) days of

the last day of the month in which such

shipments are made. The interest charge

shall be 11⁄2 percent of the unpaid

assessment balance. In the event the

handler fails to pay the delinquent

assessment amount within 60 days

following the due date, the 11⁄2 percent

interest charge shall be applied monthly

thereafter to the unpaid balance,

including any accumulated interest.

Any amount paid by a handler as an

assessment, including any charges

imposed pursuant to this paragraph,

shall be credited when the payment is

received in the Committee office.

3. In § 956.180, the introductory text

is revised to read as follows:

§ 956.180 Reports.

Each handler shall furnish to the

Committee a report containing the

information in paragraphs (a), (b), and

(c) of this section, except that gift box

and roadside stand sales shall be

exempt from paragraph (b) of this

section: Provided, That for Walla Walla

Sweet Onions handled prior to

September 1, such report shall be

furnished to the Committee by

September 1, and that for Walla Walla

Sweet Onions handled during the

period September 1 through May 31 of

each fiscal period, such report shall be

furnished to the Committee no later

than thirty (30) days after the end of the

month in which such sweet onions were

handled:

* * * * *

Dated: October 10, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–26487 Filed 10–13–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–312–AD; Amendment

39–11928; AD 2000–20–03 R1]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B19 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment revises an

existing airworthiness directive (AD),

applicable to certain Bombardier Model

CL–600–2B19 series airplanes, that

currently requires installation of shields

for the aileron quadrants in the wheel

bay of the main landing gear (MLG).

This amendment revises the compliance

time for the requirements of that AD.

The actions specified in this AD are

intended to prevent accumulation of