This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

65253

Vol. 65, No. 212

Wednesday, November 1, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 931

[Docket No. FV00–931–1 FIR]

Fresh Bartlett Pears Grown in Oregon

and Washington; Decreased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, with a minor change, the

provisions of an interim final rule

which decreased the assessment rate

established for the Northwest Fresh

Bartlett Pear Marketing Committee

(Committee) under Marketing Order No.

931 for the 2000–2001 and subsequent

fiscal periods from $0.025 to $0.02 per

standard box of fresh Bartlett pears

handled. The Committee is responsible

for local administration of the marketing

order that 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 2000–2001 fiscal

period began on July 1 and ends June

30. The assessment rate will continue in

effect indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: December 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, suite 385, 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) 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, P.O. Box 96456, room

2525–S, 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

No. 141 and Order No. 931 (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, 2000, and

continuing until modified, 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 to decrease the

assessment rate established for the

Committee for the 2000–2001 and

subsequent fiscal periods from $0.025 to

$0.02 per standard box of fresh Bartlett

pears handled.

The fresh Bartlett pear marketing

order provides authority for the

Committee, with the approval of the

Department, to formulate an annual

budget of expenses and collect

assessments from handlers to administer

the program. The members of the

Committee are producers and handlers

of 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 1999–2000 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 June 1, 2000,

and unanimously recommended 2000–

2001 expenditures of $81,060 and an

assessment rate of $0.02 per standard

box of fresh Bartlett pears handled. In

comparison, last year’s budgeted

expenditures were $77,231. The

assessment rate of $0.02 is $0.005 less

than the rate previously in effect and

will reduce the financial burden on

handlers. At the previous rate of $0.025

per standard box and with estimated

2000–2001 fresh Bartlett pear shipments

of 3,200,000 standard boxes, the

projected reserve on June 30, 2001,

would have exceeded the level the

Committee believes to be adequate to

administer the program. The Committee

discussed lower assessment rates, but

decided that an assessment rate of less

than $0.02 would not generate the

income necessary to administer the

program with an adequate reserve. The

decreased assessment rate is expected to

65254 Federal Register / Vol. 65, No. 212 / Wednesday, November 1, 2000 / Rules and Regulations

result in an operating reserve of $19,261

on June 30, 2001.

Major expenses recommended by the

Committee for the 2000–2001 fiscal

period include $44,468 for salaries,

$4,847 for office rent, and $3,891 for

health insurance. Budgeted expenses for

these items in 1999–2000 were $40,433,

$5,323, and $4,048, respectively.

The Committee based its

recommended assessment rate on the

2000–2001 crop estimate, the 2000–

2001 fiscal period expenditures

estimate, and the current and projected

balance of the operating reserve. With

fresh Bartlett pear shipments for 2000–

2001 estimated at 3,200,000 standard

boxes, the $0.02 per standard box

assessment rate should provide $64,000

in assessment income. Income derived

from handler assessments, along with

$13,060 from the Committee’s

authorized reserve (currently

approximately $32,321) and

miscellaneous income ($3,000), will be

adequate to cover budgeted expenses.

Funds in the reserve (estimated to be

$19,261 at the end of the 2000–2001

fiscal period) will be kept within the

maximum permitted by the order

(approximately one fiscal year’s

operational expenses; § 931.42).

The assessment rate established 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

Department has reviewed and approved

the Committee’s 2000–2001 budget and

will review those for subsequent fiscal

periods and approve them as

appropriate.

To facilitate communications between

the Committee and growers, handlers,

and other interested persons, this final

rule also updates § 931.110 to include

the Committee’s current address. The

information collection requirements for

this order are currently approved under

OMB No. 0581–0092 by the Office of

Management and Budget in accordance

with the Paperwork Reduction Act of

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

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this rule 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 are defined by the Small

Business Administration (13 CFR

121.201) as those having annual receipts

of less than $500,000 and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000.

Currently, about 98.5 percent of the

fresh Bartlett pear handlers ship under

$5,000,000 worth of fresh Bartlett pears

and 1.5 percent ship over $5,000,000

worth 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 fresh Bartlett

pear producers, the average annual

producer revenue is approximately

$9,800. In view of the foregoing, it can

be concluded that the majority of fresh

Bartlett pear producers and handlers

may be classified as small entities,

excluding receipts from other sources.

This rule continues to decrease the

assessment rate established for the

Committee and collected from handlers

for the 2000–2001 and subsequent fiscal

periods from $0.025 to $0.02 per

standard box of fresh Bartlett pears

handled. The Committee unanimously

recommended 2000–2001 expenditures

of $81,060 and an assessment rate of

$0.02 per standard box of fresh Bartlett

pears handled. In comparison, last

year’s budgeted expenditures were

$77,231. The assessment rate of $0.02 is

$0.005 less than the rate previously in

effect. At the rate of $0.025 per standard

box and with 2000 fresh Bartlett pear

shipments estimated at 3,200,000

standard boxes, the projected reserve on

June 30, 2001, would have exceeded the

level the Committee believes to be

adequate to administer the program. The

assessment rate reduction would also

lessen the financial burden on handlers.

The Committee decided that an

assessment rate of less than $0.02 would

not generate the income necessary to

administer the program with an

adequate reserve.

Major expenses recommended by the

Committee for the 2000–2001 fiscal

period include $44,468 for salaries,

$4,847 for office rent, and $3,891 for

health insurance. Budgeted expenses for

these items in 1999–2000 were $40,433,

$5,323, and $4,048, respectively.

With fresh Bartlett pear shipments for

2000–2001 estimated at 3,200,000

standard boxes, the $0.02 rate of

assessment should provide $64,000 in

assessment income. Income derived

from handler assessments, along with

$13,060 from the Committee’s

authorized reserve (currently

approximately $32,321) and

miscellaneous income ($3,000), will be

adequate to cover budgeted expenses.

Funds in the reserve (estimated to be

$19,261 at the end of the 2000–2001

fiscal period) will be kept within the

maximum permitted by the order

(approximately one fiscal year’s

operational expenses; § 931.42).

Recent price information indicates

that the producer price for the 2000–

2001 marketing season will range

between $8.60 and $11.30 per standard

box of fresh Bartlett pears. Therefore,

the estimated assessment revenue for

the 2000–2001 fiscal period as a

percentage of total producer revenue

will range between 0.18 and 0.23

percent.

This action decreases the assessment

obligation imposed on handlers. While

assessments impose some additional

costs on handlers, the costs are minimal

and uniform on all handlers. Some of

the additional costs may be passed on

to producers. However, decreasing the

assessment rate reduces the burden on

handlers and may reduce the burden on

producers.

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 June 1,

2000, meeting was a public meeting and

all entities, both large and small, were

able to express views on this issue.

This action imposes no additional

reporting or recordkeeping requirements

on either small or large fresh Bartlett

pear handlers. As with all Federal

marketing order programs, reports and

Federal Register / Vol. 65, No. 212 / Wednesday, November 1, 2000 / Rules and Regulations 65255

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.

An interim final rule concerning this

action was published in the Federal

Register on July 6, 2000 (65 FR 41557).

Copies of that rule were also mailed or

sent via facsimile to all Committee

members. Finally, the interim final rule

was made available through the Internet

by the Office of the Federal Register. A

60-day comment period was provided

for interested persons to respond to the

interim final rule. The comment period

ended on September 5, 2000, and no

comments were received.

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

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.

List of Subjects in 7 CFR Part 931

Marketing agreements, Pears,

Reporting and recordkeeping

requirements.

Accordingly, the interim final rule

amending 7 CFR part 931 which was

published at 65 FR 41557 on July 6,

2000, is adopted as a final rule and an

additional amendment is made to part

931 as set forth below.

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.

2. Section 931.110 is revised to read

as follows:

§ 931.110 Communications.

Unless otherwise specifically

prescribed in this subpart, or in the

marketing agreement and order, or

unless otherwise required by the

Committee, all reports, applications,

submittals, requests, inspection

certificates, and communications in

connection with the marketing

agreement or order shall be forwarded

to: Northwest Fresh Bartlett Pear

Marketing Committee 4382 SE

International Way, Suite A, Milwaukie,

OR 97222–4635.

Dated: October 6, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–27977 Filed 10–31–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NE–21–AD; Amendment

39–11953; AD 2000–22–07]

RIN 2120–AA64

Airworthiness Directives; International

Aero Engines AG (IAE) V2500–A5 and

–D5 Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain International Aero

Engines AG (IAE) V2500–A5 and –D5

series turbofan engines, identified by

serial number. This amendment requires

the removal of engines assembled with

an improper High Pressure Turbine

(HPT) module configuration from

service prior to accumulating 5,100 or

7,600 cycles in the improper

configuration, or at the next shop visit,

depending on the type of improper HPT

configuration, and restoration to type

design. This amendment is prompted by

reports of engines that do not conform

to the engine type design, which could

cause a Low Cycle Fatigue (LCF) life

reduction of the HPT stage 1 disk. The

actions specified by this AD are

intended to restore engines to type

design configuration and to prevent

possible LCF failure of the HPT stage 1

disk, which could result in an

uncontained engine failure and damage

to the airplane.

DATES: Effective December 6, 2000. The

incorporation by reference of certain

publications listed in the rule is

approved by the Director of the Federal

Register as of December 6, 2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from International Aero Engines AG,

400 Main Street, East Hartford, CT

06108; telephone: (860) 565–5515; fax:

(860) 565–5510. This information may

be examined at the FAA, New England

Region, Office of the Regional 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:

Robert Ganley, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone: 781–238–7138,

fax: 781–238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR 39) to

include an airworthiness directive (AD)

that is applicable to International Aero

Engines AG V2500–A5 and –D5 series

turbofan engines was published in the

Federal Register on June 30, 2000 (65

FR 40555). That action proposed to

require the removal from service of

certain V2500–A5 and –D5 series

engines, identified by serial numbers,

prior to accumulating 5,100 or 7,600

cycles in the improper configuration, or

at the next shop visit, depending on the

type of improper HPT module

configuration and the restoration type

design.

Comments Received

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the one

comment received. The comment states

that the manufacturer’s service

documentation is the root cause of the

configuration errors, and that the

documentation should be designed to

minimize the probability of such errors.

The FAA disagrees. The FAA believes

that the manufacturer’s service

documentation, as currently written, is

technically accurate. The

documentation should not in itself be

considered the root cause for

configuration errors. The FAA

recognizes that in some instances,

service documentation may not be as

clear as originally intended. The FAA

continues to work with all engine

manufacturers to ensure that clear and

precise service documents are issued to

alleviate any potential confusion by the

operators.

Economic Impact

No comments were received on the

economic impact contained in the

proposed rules.

Regulatory Impact

This rule does not have federalism

implications, as defined in Executive

Order 13132, because it would not have