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

12976

Vol. 62, No. 53

Wednesday, March 19, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1208

[FV–97–701PR]

Fresh Cut Flowers and Fresh Cut

Greens Promotion and Information

Order; Referendum Procedures

AGENCY: Agricultural Marketing Service,

USDA

ACTION: Proposed rule with request for

comments.

SUMMARY: The purpose of this rule is to

provide procedures that the Department

of Agriculture (Department) will use in

conducting the referendum to determine

whether to continue the Fresh Cut

Flowers and Fresh Cut Greens

Promotion and Information Order

(Order). In order to continue, the

program must be approved by a majority

of the qualified handlers voting in the

referendum.

DATES: Comments must be received by

April 3, 1997.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposed rule to:

Research and Promotion Branch, Fruit

and Vegetable Division, Agricultural

Marketing Service (AMS), USDA, P.O.

Box 96456, Room 2535–S, Washington,

DC 20090–6456, fax (202) 205–2800.

Three copies of all written material

should be submitted, and they will be

made available for public inspection at

the Research and Promotion Branch

during regular business hours. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register.

Also send comments regarding the

accuracy of the burden estimate, ways to

minimize the burden, including through

the use of automated collection

techniques or other forms of information

technology, or any other aspect of this

collection of information, to the above

address.

FOR FURTHER INFORMATION CONTACT:

Sonia N. Jimenez, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

Room 2535–S, Washington, DC 20090–

6456, telephone (202) 720–9916 or (888)

720–9917.

SUPPLEMENTARY INFORMATION: This

proposed rule is issued under the Fresh

Cut Flowers and Fresh Cut Greens

Promotion and Information Act of 1993

(7 U.S.C. 6801-et seq.), hereinafter

referred to as the Act, and the Order.

This rule provides the procedures

under which the referendum would be

conducted.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. It is not intended to have

retroactive effect. This rule would 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 8 of the Act, after an Order is

implemented, a person subject to the

Order may file a petition with the

Secretary stating that the Order or any

provision of the Order, or any obligation

imposed in connection with the Order,

is not in accordance with law and

requesting a modification of the Order

or an exemption from the Order. The

petitioner is afforded the opportunity

for a hearing on the petition. After such

hearing, the Secretary will make a ruling

on the petition. The Act provides that

the district courts of the United States

in any district in which a person who

is a petitioner resides or carries on

business are vested with jurisdiction to

review the Secretary’s ruling on the

petition, if a complaint for that purpose

is filed within 20 days after the date of

the entry of the ruling.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been determined not

significant for purposes of Executive

Order 12866, and therefore has not been

reviewed by the Office of Management

and Budget.

In accordance with the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.), the

Agency is required to examine the

impact of the proposed rule on small

entities. Accordingly, we have

performed this initial regulatory

flexibility analysis.

The Act, which authorizes the

creation of a generic program of

promotion and information for fresh cut

flowers and greens, became effective on

December 14, 1993.

Section 7 of the Act provides that the

Secretary of Agriculture (Secretary)

shall conduct a referendum not later

than 3 years after the issuance of an

order to ascertain whether the order

then in effect shall be continued. The

Order was issued on December 29, 1994.

Paragraph (a)(2) of section 7 of the Act

requires that the Order be approved by

a simple majority of all votes cast in the

referendum. In addition, paragraph (b)

of section 7 of the Act specifies that

each qualified handler eligible to vote in

the referendum shall be entitled to cast

one vote for each separate facility of the

person that is an eligible separate

facility. Eligible separate facility is

defined in paragraph (b)(2) of section 7

of the Act as a handling or marketing

facility of a qualified handler that is

physically located away from other

facilities of the qualified handler or that

the business function of the separate

facility is substantially different from

the functions of other facilities owned

or operated by the qualified handler and

the annual sales of cut flowers and cut

greens to retailers and exempt handlers

from the facility are $750,000 or more

annually.

Only those wholesale handlers

(including but not limited to, wholesale

jobbers, bouquet and floral article

manufacturers, auction houses that clear

the sale of cut flowers and greens, and

retail distribution centers), producers

and importers who have annual sales of

$750,000 or more of fresh cut flowers

and greens and who sell those products

to exempt handlers, retailers, or

consumers are considered qualified

handlers and assessed under the Order.

There are approximately 525

wholesale handlers, 84 importers, and

83 producers who are qualified

handlers. Small agricultural service

firms, which would include the

qualified handlers covered under the

Order, have been defined by the Small

Business Administration (SBA) (13 CFR

121.601) as those whose annual receipts

are less than $5 million. Only 127

qualified handlers have been identified

to have $5 million in annual sales.
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Proposed Rules 12977

It is concluded that the majority of

qualified handlers may be classified as

small entities.

Statistics reported by the National

Agricultural Statistics Service show that

in 1995 sales of domestic cut flowers

and cut greens totaled approximately

$521.3 million at the wholesale level.

The leading producing states by

wholesale value are California, with

about 49 percent of the total of flower

and cut green production, followed by

Florida, Colorado and Hawaii.

Exports in 1995 of U.S. cut flowers

were valued at $23.9 million, with about

64 percent of the value from exports to

Canada, and 26 percent of the value

from exports to Japan. Exports of cut

greens are not reported by the Bureau of

the Census as a separate item; they are

included in a ‘‘basket’’ export category

that includes other types of fresh cut

plant exports such as branches without

flowers or buds, evergreens, and grasses,

which are suitable for ornamental

purposes. In 1995 the value of these

exports was $45.6 million.

The value of imports of cut flowers in

1995 was $495.2 million. Major

countries exporting cut flowers to the

United States, by value, are Colombia

which accounts for about 65 percent of

the value, followed by the Netherlands

(11.6 percent), Ecuador (10.2 percent),

and Mexico (3.8 percent). Imports of cut

greens are reported in a category that

includes some other fresh cut plant

items suitable for ornamental purposes

such as grasses, branches without

flowers or buds, and other plant parts,

but excludes fresh evergreens. In 1995

this ‘‘basket category’’ of imports had a

value of $24.1 million.

This proposed rule provides the

procedures under which qualified

handlers may vote on whether they

want the fresh cut flowers and fresh cut

greens promotion and information

program to be continued. Qualified

handlers of $750,000 or more in annual

gross sales are eligible to vote in the

referendum. There are approximately

692 eligible voters representing

approximately 923 votes some of which

represent separate facilities. It will take

an average of 15 minutes for each voter

to read the voting instructions and

complete the referendum ballot. The

total burden on the total number of

voters will be 77 hours.

The Department would keep all these

individuals informed throughout the

referendum process to ensure that they

are aware of and are able to participate

in the process. In addition, trade

associations and related industry media

would receive news releases and other

information regarding the referendum

process.

Voting in the referendum is optional.

However, if qualified handlers choose to

vote, the burden of voting would be

offset by the benefits of having the

opportunity to vote on whether they

want to continue the program or not.

The Department considered requiring

eligible voters to vote in person at

various Department offices across the

country. However, conducting the

referendum from one central location by

mail ballot is more cost effective for this

program. Also, the Department would

provide easy access to information for

potential voters through a toll free

telephone line. It is anticipated that a

referendum would be conducted in June

to maximize industry participation.

While we have performed this Initial

Regulatory Flexibility Analysis

regarding the impact of this proposed

rule on small entities, in order to have

all the data necessary for a more

comprehensive analysis of the effects of

this rule on small entities, we are

inviting comments concerning potential

effects. In particular, we are interested

in determining the number and kind of

small entities that may incur benefits or

costs from implementation of this

proposed rule and information on the

expected benefits or costs.

Paperwork Reduction Act

In accordance with the Office of

Management and Budget (OMB)

regulations (5 CFR Part 1320) which

implements the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35), the

referendum ballot has been approved by

the Office of Management and Budget

(OMB) and has been assigned OMB

number 0581–0093. It is estimated that

there are 692 qualified handlers,

representing 923 votes, who will be

eligible to vote in the referendum. It will

take an average of 15 minutes for each

voter to read the voting instructions and

complete the referendum ballot. The

total burden on the total number of

voters will be 77 hours.

Background

The Act authorized the Secretary to

establish a national cut flowers and cut

greens promotion and consumer

information program. The program is

funded by an assessment of 1⁄2 percent

of gross sales of cut flowers and greens

which is levied on qualified handlers.

The program is administered by the

National PromoFlor Council (Council)

under the supervision of the Department

of Agriculture (Department).

Assessments are used to pay for:

research, promotion, and consumer

information; administration,

maintenance, and functioning of the

Board; and expenses incurred by the

Secretary in implementing and

administering the Order, including

referendum costs.

Section 7 of the Act requires that a

referendum be conducted not later than

3 years after the issuance of the Order

among eligible qualified handlers of

fresh cut flowers and fresh cut greens to

determine whether they favor

continuance of the Order. The Order

shall continue in effect if it is approved

by a simple majority of qualified

handlers voting in the referendum.

In accordance with section 3(4) of the

Act, qualified handler is defined in the

Order as a person operating in the cut

flowers and greens marketing system

that sells domestic or imported cut

flowers and greens to retailers and

exempt handlers and whose annual

sales of cut flowers and greens to

retailers and exempt handlers are

$750,000 or more. The term also

includes, but is not limited to, the

following entities when they have the

requisite volume of $750,000 sales of

cut flowers and greens a year: A

wholesale handler; a manufacturer of

bouquets or floral articles for sale to

retailers if the cut flowers and greens

used are a substantial portion of the

value of the manufactured floral article;

an auction house that clears the sale of

cut flowers and greens to retailers and

exempt handlers through a central

clearinghouse; a distribution center that

is owned or controlled by a retailer if

the predominant retail business activity

is floral sales; an importer whose

principal activity is the importation of

cut flowers and greens into the United

States and sells to retailers and exempt

handlers or directly to consumers; and

a producer that sells cut flowers and cut

greens directly to retailers or consumers.

Paragraph (b) of section 7 of the Act

specifies that each qualified handler

eligible to vote in the referendum shall

be entitled to cast one vote for each

separate facility of the person that is an

eligible separate facility. Eligible

separate facility is defined in paragraph

(b)(2) of section 7 of the Act as a

handling or marketing facility of a

qualified handler that is physically

located away from other facilities of the

qualified handler or that the business

function of the separate facility is

substantially different from the

functions of other facilities owned or

operated by the qualified handler and

the annual sales of cut flowers and cut

greens to retailers and exempt handlers

from the facility are $750,000 or more

annually.

This proposed rule provides the

procedures under which fresh cut

flowers and greens qualified handlers

may vote on whether they want the
12978 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Proposed Rules

fresh cut flowers and greens promotion

and consumer information program to

continue. Qualified handlers of

$750,000 gross sales annually can vote

in the referendum. There are

approximately 692 eligible voters

representing approximately 923 votes.

This proposed rule would add a new

subpart which would establish

procedures to be used in the

referendum. This subpart would be in

effect for the referendum period only

and would not be part of the Code of

Federal Regulations. This subpart covers

definitions, voting, instructions, use of

subagents, ballots, the referendum

report, and confidentiality of

information.

All written comments received in

response to this rule by the date

specified herein will be considered

prior to finalizing this action. We

encourage the industry to pay particular

attention to the definitions to be sure

that they are appropriate for the fresh

cut flowers and greens industry.

A 15-day comment period is deemed

appropriate for this rule because: (1)

These proposed regulations contain

provisions that are the same as or

similar to referendum procedures for

other research and promotion programs;

(2) the fresh cut flowers and greens

industry is aware that a referendum

would be conducted this year; (3)

comments would be addressed before a

final rule is published; and (4) this

rulemaking should be expedited in

order to conduct a referendum in June

to maximize industry participation.

List of Subjects in 7 CFR Part 1208

Administrative practice and

procedure, Advertising, Consumer

information, Marketing agreements, Cut

flowers, Cut greens, Promotion,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, it is proposed that Title 7 of

Chapter XI of the Code of Federal

Regulations be amended as follows:

1. Part 1208 is amended by adding a

new Subpart C to read as follows:

PART 1208—FRESH CUT FLOWERS

AND FRESH CUT GREENS

PROMOTION AND INFORMATION

ORDER

Subpart C—Procedure for the Conduct of

Referenda in Connection With the Fresh Cut

Flowers and Fresh Cut Greens Promotion

and Information Order

Sec.

1208.200 General.

1208.201 Definitions.

1208.202 Voting.

1208.203 Instructions.

1208.204 Subagents.

1208.205 Ballots.

1208.206 Referendum report.

1208.207 Confidential information.

Authority: 7 U.S.C. 6801 et seq.

Subpart C—Procedure for the Conduct

of Referenda in Connection With the

Fresh Cut Flowers and Fresh Cut

Greens Promotion and Information

Order

§ 1208.200 General.

A referendum to determine whether

qualified handlers favor continuance of

the Fresh Cut Flowers and Fresh Cut

Greens Promotion and Information

Order shall be conducted in accordance

with these procedures.

§ 1208.201 Definitions.

Unless otherwise defined below, the

definition of terms used in these

procedures shall have the same meaning

as the definitions in the Order.

(a) Administrator means the

Administrator of the Agricultural

Marketing Service, with power to

redelegate, or any officer or employee of

the Department to whom authority has

been delegated or may hereafter be

delegated to act in the Administrator’s

stead.

(b) Order means the Fresh Cut

Flowers and Fresh Cut Greens

Promotion and Information Order.

(c) Referendum agent or agent means

the individual or individuals designated

by the Secretary to conduct the

referendum.

(d) Representative period means the

period designated by the Secretary.

(e) Person means any individual,

group of individuals, firm, partnership,

corporation, joint stock company,

association, society, cooperative, or any

other legal entity. For the purpose of

this definition, the term ‘‘partnership’’

includes, but is not limited to:

(1) A husband and wife who has title

to, or leasehold interest in, fresh cut

flowers and greens facilities and

equipment as tenants in common, joint

tenants, tenants by the entirety, or,

under community property laws, as

community property, and

(2) So-called ‘‘joint ventures’’,

wherein one or more parties to the

agreement, informal or otherwise,

contributed capital and others

contributed labor, management,

equipment, or other services, or any

variation of such contributions by two

or more parties so that it results in the

handling of fresh cut flowers and greens

and the authority to transfer title to the

fresh cut flowers and greens handled.

(f) Eligible qualified handler means a

person who is a qualified handler under

§ 1208.16 of the Order that operates in

the cut flowers and greens marketing

system and sells domestic or imported

cut flowers and greens to retailers and

exempt handlers and has annual sales of

cut flowers and greens to retailers and

exempt handlers that are $750,000 or

more.

(g) Separate facility means a handling

or marketing facility of a qualified

handler that is physically located away

from other facilities of the qualified

handler or that the business function of

the separate facility is substantially

different from the functions of other

facilities owned or operated by the

qualified handler and the annual sales

of cut flowers and cut greens to retailers

and exempt handlers from the facility

are $750,000 or more annually.

§ 1214.202 Voting.

(a) Each person who is an eligible

qualified handler as defined in this

subpart, at the time of the referendum

and during the representative period,

shall be entitled to cast one vote for

each separate facility of the person that

is an eligible separate facility.

(b) Proxy voting is not authorized, but

an officer or employee of an eligible

qualified handler, or an administrator,

executor, or trustee of an eligible

qualified handler entity may cast a

ballot on behalf of such qualified

handler entity. Any individual so voting

in a referendum shall certify that such

individual is an officer or employee of

the eligible qualified handler, or an

administrator, executor, or trustee of an

eligible qualified handler entity, and

that such individual has the authority to

take such action. Upon request of the

referendum agent, the individual shall

submit adequate evidence of such

authority.

(c) All ballots are to be cast by mail.

§ 1214.203 Instructions.

The referendum agent shall conduct

the referendum, in the manner herein

provided, under the supervision of the

Administrator. The Administrator may

prescribe additional instructions, not

inconsistent with the provisions hereof,

to govern the procedure to be followed

by the referendum agent. Such agent

shall:

(a) Determine the time of

commencement and termination of the

period during which ballots may be

cast.

(b) Provide ballots and related

material to be used in the referendum.

Ballot material shall provide for

recording essential information

including that needed for ascertaining

whether the person voting, or on whose
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Proposed Rules 12979

behalf the vote is cast, is an eligible

voter;

(c) Give reasonable advance public

notice of the referendum:

(1) By utilizing available media or

public information sources, without

incurring advertising expense, to

publicize the dates, places, method of

voting, eligibility requirements, and

other pertinent information. Such

sources of publicity may include, but

are not limited to, print and radio; and

(2) By such other means as the agent

may deem advisable.

(d) Mail to eligible qualified handlers,

whose names and addresses are known

to the referendum agent, the

instructions on voting, a ballot, and a

summary of the terms and conditions of

the Order. No person who claims to be

eligible to vote shall be refused a ballot.

(e) At the end of the voting period,

collect, open, number, and review the

ballots and tabulate the results in

presence of an agent of the Office of

Inspector General.

(f) Prepare a report on the referendum.

(g) Announce the results to the public.

§ 1208.204 Subagents.

The referendum agent may appoint

any individual or individuals deemed

necessary or desirable to assist the agent

in performing such agent’s functions

hereunder. Each individual so

appointed may be authorized by the

agent to perform any or all of the

functions which, in the absence of such

appointment, shall be performed by the

agent.

§ 1208.205 Ballots.

The referendum agent and subagents

shall accept all ballots cast; but, should

they, or any of them, deem that a ballot

should be questioned for any reason, the

agent or subagent shall endorse above

their signature, on the ballot, a

statement to the effect that such ballot

was questioned, by whom questioned,

the reasons therefore, the results of any

investigations made with respect

thereto, and the disposition thereof.

Ballots invalid under this subpart shall

not be counted.

§ 1208.206 Referendum report.

Except as otherwise directed, the

referendum agent shall prepare and

submit to the Administrator a report on

results of the referendum, the manner in

which it was conducted, the extent and

kind of public notice given, and other

information pertinent to analysis of the

referendum and its results.

§ 1208.207 Confidential information.

The ballots and other information or

reports that reveal, or tend to reveal, the

vote of any person covered under the

Act and the voting list shall be held

confidential and shall not be disclosed.

Dated: March 14, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–6985 Filed 3–17–97; 9:49 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–04]

RIN 2120–AA64

Airworthiness Directives; Pratt &

Whitney JT9D Series Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

supersedure of an existing airworthiness

directive (AD), applicable to certain

Pratt & Whitney JT9D series turbofan

engines, that currently requires initial

and repetitive eddy current inspection

(ECI) or fluorescent penetrant inspection

(FPI) for cracks in first stage high

pressure turbine (HPT) disk cooling air

holes. This action would require initial

and repetitive FPI for cracks in cooling

air holes of additional first stage HPT

disks, and replacement with serviceable

parts. In addition, this action would

require initial and repetitive FPI for

cracks in tie bolt holes of certain other

affected second stage HPT disks

installed in PW JT9D series turbofan

engines. This proposal is prompted by

reports of a cracked cooling air hole on

one first stage HPT disk, and a cracked

tie bolt hole on one second stage HPT

disk. The actions specified by the

proposed AD are intended to prevent

turbine disk failure due to cooling air

hole or tie bolt hole cracking, which

could result in an uncontained engine

failure and damage to the aircraft.

DATES: Comments must be received by

May 19, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

97–ANE–04, 12 New England Executive

Park, Burlington, MA 01803–5299.

Comments may also be sent via the

Internet using the following address: ‘‘9-

ad-engineprop@faa.dot.gov’’. Comments

sent via the Internet must contain the

docket number in the subject line.

Comments may be inspected at this

location between 8:00 a.m. and 4:30

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Pratt & Whitney, 400 Main St., East

Hartford, CT 06108; telephone (860)

565–6600, fax (860) 565-4503. This

information may be examined at the

FAA, New England Region, Office of the

Assistant Chief Counsel, 12 New

England Executive Park, Burlington,

MA.

FOR FURTHER INFORMATION CONTACT:

Daniel Kerman, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone (617) 238–7130,

fax (617) 238–7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified above. All

communications received on or before

the closing date for comments, specified

above, will be considered before taking

action on the proposed rule. The

proposals contained in this notice may

be changed in light of the comments

received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–ANE–04.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, New England Region, Office of the

Assistant Chief Counsel, Attention:

Rules Docket No. 97–ANE–04, 12 New