This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

66935

Vol. 65, No. 217

Wednesday, November 8, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. FV00–927–3]

Winter Pears Grown in Oregon and

Washington; Hearing on Proposed

Amendment of Marketing Agreement

and Order No. 927

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Notice of hearing on proposed

rulemaking.

SUMMARY: Notice is hereby given of a

public hearing to consider amending

Marketing Agreement and Order No.

927, hereinafter referred to as the

‘‘order.’’ The order regulates the

handling of winter pears grown in

Oregon and Washington. The purpose of

the hearing is to receive evidence on

amendments proposed by the Winter

Pear Control Committee (Committee),

which is responsible for local

administration of the order. The

proposals include amending the order to

add the word ‘‘maturity’’ to the list of

attributes that may be regulated; to

provide for container regulations and

marking requirements; and to allow

alternates from the same district and

group (growers or handlers) to serve

when a member and that member’s

alternates are unable to attend a

committee meeting.

DATES: The hearing date will begin at

9:00 a.m. in Portland, Oregon, on

November 29, 2000.

ADDRESSES: The hearing will be held at

the Sheraton Portland Airport Hotel,

8235 NE Airport Way, Portland, Oregon.

FOR FURTHER INFORMATION CONTACT:

Melissa Schmaedick, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, P.O.

Box 96456, room 2525–S, Washington,

DC 20090–6456; telephone: (202) 205–

2830, Fax: (202) 205–6632.

Small businesses may request

information on this proceeding 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.

SUPPLEMENTARY INFORMATION: This

administrative action is instituted

pursuant to the Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), hereinafter referred to

as the ‘‘Act.’’ This action is governed by

the provisions of sections 556 and 557

of title 5 of the United States Code and,

therefore, is excluded from the

requirements of Executive Order 12866.

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) seeks to ensure that

within the statutory authority of a

program, the regulatory and

informational requirements are tailored

to the size and nature of small

businesses. Interested persons are

invited to present evidence at the

hearing on the possible regulatory and

informational impacts of the proposals

on small businesses.

The amendments proposed herein

have been reviewed under Executive

Order 12988, Civil Justice Reform. They

are not intended to have retroactive

effect. If adopted, the proposed

amendments would not preempt any

State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with the

proposals.

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. A

handler is afforded the opportunity for

a hearing 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.

The hearing is called pursuant to the

provisions of the Act and the applicable

rules of practice and procedure

governing the formulation of marketing

agreements and orders (7 CFR part 900).

The Committee proposes three

amendments as summarized below.

1. Amend the order to add the word

‘‘maturity’’ to the list of attributes that

may be regulated in § 927.51.

2. Amend the order to authorize

container and marking regulation. This

would encompass capacity, weight,

dimensions, and packing of the

container, or containers, which may be

used in packaging or handling of pears.

To remain consistent with this

amendment, § 927.5, the definition of

size, will be revised to remove the

specific reference to a western standard

pear box with its dimensions.

3. Allow an alternate member from

the same district and group (handler or

grower) to serve in a member’s place

and stead in the event that both a

member of the Committee and the

Committee member’s alternates are

unable to attend a Committee meeting.

The Committee works with the

Department in administering the order.

These proposals have not received the

approval of the Secretary of Agriculture.

The Committee believes that the

proposed changes would improve the

administration, operation, and

functioning of the order.

Also, the Fruit and Vegetable

Programs of the Agricultural Marketing

Service (AMS) proposes to allow such

conforming changes to the order which

may be necessary as a result of the

hearing.

The public hearing is held for the

purpose of: (i) Receiving evidence about

the economic and marketing conditions

which relate to the proposed

amendments of the order; (ii)

determining whether there is a need for

the proposed amendments to the order;

and (iii) determining whether the

proposed amendments or appropriate

modifications thereof will tend to

effectuate the declared policy of the Act.

Testimony is invited at the hearing on

all the proposals and recommendations

contained in this notice, as well as any

appropriate modifications or

alternatives.

All persons wishing to submit written

material as evidence at the hearing

should be prepared to submit four

copies of such material at the hearing

and should have prepared testimony

available for presentation at the hearing.

From the time the notice of hearing is

issued and until the issuance of a final

66936 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Proposed Rules

decision in this proceeding, Department

employees involved in the decisional

process are prohibited from discussing

the merits of the hearing issues on an ex

parte basis with any person having an

interest in the proceeding. The

prohibition applies to employees in the

following organizational units: Office of

the Secretary of Agriculture; Office of

the Administrator, AMS; Office of the

General Counsel; and the Fruit and

Vegetable Programs, AMS.

Procedural matters are not subject to

the above prohibition and may be

discussed at any time.

List of Subjects in 7 CFR Part 927

Marketing agreements, Reporting and

recordkeeping requirements, Winter

pears.

PART 927—WINTER PEARS GROWN

IN OREGON AND WASHINGTON

1. The authority citation for 7 CFR

part 927 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Testimony is invited on the

following proposals or appropriate

alternatives or modifications to such

proposals.

Proposals submitted by the Winter

Pear Control Committee:

Proposal No. 1

Amend § 927.51 by adding a new

paragraph (a)(3) to read as follows:

§ 927.51 Issuance of regulations; and

modification suspension, or termination

thereof.

(a) * * *

(3) Fix the size, capacity, weight,

dimensions, markings, or pack of the

container, or containers, which may be

used in packaging or handling of pears.

* * * * *

Revise § 927.5 to read as follows:

§ 927.5 Size

Size means the number of pears

which can be packed in a standard pear

box when packed in accordance with

the packing requirements of the U.S.

Standards for Pears (part 51 of this title),

or as such standards hereafter may be

modified or as ‘‘size’’ may be more

specifically defined in a regulation

issued under this part.

Proposal No. 2

Revise § 927.28 to read as follows:

§ 927.28 Alternates for members of the

Control Committee.

The first alternate for a member shall

act in the place and stead of the member

for whom he/she is an alternate during

such member’s absence. In the event of

the death, removal, resignation, or

disqualification of a member, his or her

first alternate shall act as a member

until a successor for the member is

selected and has qualified. The second

alternate for a member shall serve in the

place and stead of the member for

whom he/she is an alternate whenever

both the member and his/her first

alternate are unable to serve. In the

event that both a member of the Control

Committee and that member’s alternates

are unable to attend a Control

Committee meeting, the member or the

Control Committee may designate any

other alternate member from the same

district and group (handler or grower) to

serve in that member’s place and stead.

Proposal No. 3

Amend § 927.51 by revising paragraph

(a)(1) to read as follows:

927.51 Issuance of regulations; and

modification suspension, or termination

thereof.

(a) * * *

(1) May limit the total quantity of any

grade, size, quality, maturity, or

combination thereof, of any variety of

pears grown in any district and may

prescribe different requirements

applicable to shipments to different

export markets; or

* * * * *

The Fruit and Vegetable Programs,

Agricultural Marketing Service,

submitted the following proposal:

Proposal No. 4

Make such changes as may be

necessary to the order to conform with

any amendment thereto that may result

from the hearing.

Dated: November 2, 2000.

Kenneth C. Clayton,

Associate Administrator, Agricultural

Marketing Service.

[FR Doc. 00–28659 Filed 11–7–00; 8:45 am]

BILLING CODE 3410–02–U

FEDERAL ELECTION COMMISSION

11 CFR Parts 100, 102 and 104

[Notice 2000–19]

Rulemaking Petition: Reporting by

Political Action Committees Notice of

Disposition

AGENCY: Federal Election Commission.

ACTION: Notice of Disposition of Petition

for Rulemaking.

SUMMARY: The Commission announces

its disposition of a Petition for

Rulemaking filed on September 20, 1999

by the Project on Government Oversight

(‘‘POGO’’). The Petition urged the

Commission to revise various rules

concerning reports filed by political

action committees (‘‘PACs’’). The

Commission has decided not to initiate

a rulemaking in response to the Petition

at this time. The Petition is available for

inspection in the Commission’s Public

Records Office, through its FAXLINE

service, and on its website,

www.FEC.gov.

DATES: November 2, 2000.

FOR FURTHER INFORMATION CONTACT: Ms.

Rosemary C. Smith, Assistant General

Counsel, or Ms. Mai T. Dinh, Attorney,

999 E Street, NW., Washington, DC

20463, (202) 694–1650 or (800) 424–

9530.

SUPPLEMENTARY INFORMATION: On

September 20, 1999, the Commission

received a Petition for Rulemaking from

POGO. The Petition urged the

Commission to take six actions with

regard to reports filed by PACs by

revising various sections in 11 CFR

parts 100, 102, and 104.

The Commission published a Notice

of Availability (‘‘NOA’’) on the Petition

on October 13, 1999, 64 FR 55440. The

NOA stated that several of the

recommended actions address

Commission internal procedures that

are not properly the subject of

rulemaking. Therefore, the Commission

sought comments only on the four

suggested actions that can be addressed

through rulemaking.

The Commission received twenty-one

timely comments and four late

comments in response to the NOA from

twenty-four commenters. Detailed

comments were submitted by

Congresswoman Carolyn B. Maloney;

Democracy Advocate, U.S. Public

Interest Research Group; Money and

Politics Iowa; Institute for Social Justice;

University of Maryland Department of

Government and Politics; Michigan

Citizen Action; Ohio Citizen Action;

Common Cause; Center for Responsive

Government; University of Akron’s Ray

C. Bliss Institute of Applied Politics;

and Project on Government Oversight.

In addition to these comments, the

Commission received comments

expressing general support for the

Petition from two individuals and

substantially similar comments from

eleven commenters including Colby

College, Illinois Legislative Studies

Center Sunshine Project, and

Government Accountability Project. On

November 2, 2000, the Commission

voted to decline to open a new

rulemaking in response to the Petition at

this time for reasons stated below.