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

15129

Vol. 62, No. 61

Monday, March 31, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 46

[Docket No. FV96–351A]

RIN: 0581–AB41

Amendments to the Perishable

Agricultural Commodities Act (PACA)

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule; reopening of the

comment period.

SUMMARY: This document reopens the

period for filing written comments on

revisions to the Perishable Agricultural

Commodities Act (PACA) license fees.

These changes would conform current

regulations to new legislative changes

signed into law by President Clinton.

Specifically, the changes to the license

fee structure phase retailers and grocery

wholesalers out of license fee payments

over a 3-year period; establish a onetime administrative fee for new retailers

and grocery wholesalers entering the

program after the 3-year phase-out

period; and increase license fees from

$400 to $550 annually for all other

licensees.

DATES: Comments must be received by

April 30, 1997.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this reopened action.

Comments must be sent to James R.

Frazier, Chief, PACA Branch, Fruit and

Vegetable Division, Room 2095-South

Building, 1400 Independence Avenue,

S.W., P.O. Box 96456, Washington, DC

20090–6456. All comments should

reference the docket number and the

date and page number of this issue in

the Federal Register and will be made

available for inspection in the PACA

Branch during regular business hours.

FOR FURTHER INFORMATION CONTACT:

James R. Frazier, Chief, PACA Branch,

F&V Division, AMS, USDA, Room 2095-

South Building, P.O. Box 96456,

Washington, DC 20090–6456, Phone

(202) 720–2272.

SUPPLEMENTARY INFORMATION: The PACA

was amended by Public Law 104–48.

The regulations implementing the

PACA (other than the Rules of Practice)

are published in the Code of Federal

Regulations at Title 7, Part 46 (7 CFR

Part 46). A proposed rule to amend the

regulations to implement Public Law

104–48 was published in the September

10, 1996 issue of the Federal Register

(61 FR 47674). The 60-day comment

period closed on November 12, 1996.

Twelve comments were received on the

proposed rule from four trade

associations representing growers and

shippers, three trade groups

representing retailers and grocery

wholesalers, three law firms, one

association representing the frozen food

industry, and one fruit and vegetable

broker.

Section 46.6 of the proposed rule

would phase all retailers and grocery

wholesalers out of license fee payments

over the 3-year period, beginning

November 15, 1995 and ending

November 14, 1998. The gradual phaseout of fee payments under this proposed

rule is inclusive of all retailers and

grocery wholesalers, regardless of when

they were initially licensed under the

PACA.

Of the twelve comments received,

three addressed the collection of

renewal fees paid by grocery

wholesalers and retailers licensed by

USDA after enactment of Public Law

104–48. The three commentors write

that USDA is incorrectly proposing that

first-time licensed retailers and grocery

wholesalers pay renewal fees. They refer

to section 499 (c) (3) of the statute

designated, ‘‘ONE-TIME FEE FOR

RETAILERS AND GROCERY

WHOLESALERS THAT ARE

DEALERS’’, which specifies the fees to

be paid by a retailer or a grocery

wholesaler making an initial application

during the phase-out period and after

such period ends. The commentors

emphasized the statutory language

ending section 499 (c) (3) which states:

‘‘* * *a retailer or grocery wholesaler

paying a fee under this paragraph shall

not be required to pay any fee for

renewal of the license for subsequent

years.’’ Since the commentors’

interpretation of the legislative

amendment is substantially different

from USDA’s view but appears to be

plausible, USDA has determined that

reopening the comment period until

April 30, 1997, would allow other

parties interested in this matter more

time to review this section of the

proposed rule and provide their

comments. In the meantime, USDA will

continue to assess license renewal fees

as provided in 7 CFR Part 46.6. Should

USDA, after notice and comment,

conclude that the law excludes certain

categories of licensees from the

requirement to pay regular renewal fees,

all such fees paid by those firms or

individuals shall be refunded with

interest. If USDA reaches such a

conclusion, the PACA program will face

a projected $750,000 loss in revenue

over the three-year phase-out period.

Accordingly, the period in which to

file written comments is reopened until

April 30, 1997.

List of Subjects in 7 CFR Part 46

Agricultural commodities, Brokers,

Penalties, Reporting and recordkeeping

requirements.

Dated: March 21, 1997.

Eric M. Forman,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 97–7808 Filed 3–28–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 91–CE–45–AD]

RIN 2120–AA64

Airworthiness Directives; de Havilland

DHC–6 series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking (NPRM);

Reopening of the comment period.

SUMMARY: This document proposes to

revise an earlier proposed airworthiness

directive (AD), which would have

superseded AD 78–26–02. That AD

currently requires repetitively

inspecting the fuselage side frame

flanges at Fuselage Station (FS) 218.125

and FS 219.525 for cracks on certain de

Havilland DHC–6 series airplanes, and

repairing or replacing any cracked part.

The previous document would have