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

25387

Vol. 63, No. 89

Friday, May 8, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 979

[Docket No. FV98–979–1 FIR]

Melons Grown in South Texas;

Decreased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, without change, the

provisions of an interim final rule

which decreased the assessment rate

established for the South Texas Melon

Committee (Committee) under

Marketing Order No. 979 for the 1997–

98 and subsequent fiscal periods. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of melons

grown in South Texas. Authorization to

assess Texas melon handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The fiscal period began on

October 1 and ends September 30. The

assessment rate will remain in effect

indefinitely unless modified,

suspended, or terminated.

EFFECTIVE DATE: June 8, 1998.

FOR FURTHER INFORMATION CONTACT:

Cynthia Cavazos or Belinda G. Garza,

McAllen Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

1313 East Hackberry, McAllen, Texas

78501; telephone: (956) 682–2833, Fax:

(956) 682–5942; or George Kelhart,

Technical Advisor, 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. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, PO Box 96456, Washington, DC

20090–6456; telephone: (202) 720–2491,

Fax: (202) 205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 156 and Order No. 979 (7 CFR part

979), regulating the handling of melons

grown in South Texas, 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 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, South Texas melon 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 melons

beginning October 1, 1997, and continue

until amended, 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 1997–98 and

subsequent fiscal periods from $0.07 per

carton to $0.04 per carton.

The Texas melon 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 South Texas

melons. They are familiar with the

Committee’s needs and with the costs of

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 1996–97 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, in a telephone vote,

unanimously recommended 1997–98

administrative expenses of $100,000 for

personnel, office, and the travel portion

of the compliance budget. These

expenses were approved in September

1997. The assessment rate and funding

for research projects, promotion, and the

road guard station maintenance portion

of the compliance budget were to be

recommended at a later Committee

meeting.

The Committee subsequently met on

December 16, 1997, and unanimously

recommended 1997–98 expenditures of

$158,200 and an assessment rate of

$0.04 per carton of melons. In

comparison, last year’s budgeted

expenditures were $308,000. The

assessment rate of $0.04 is $0.03 lower

than the rate previously in effect. At the

former rate of $0.07 per carton, the

assessment income would have

exceeded anticipated expenses by about

$112,700, and the projected reserve of

$234,269 on September 30, 1998, would

have exceeded the level the Committee

believes to be adequate to administer

the program. The Committee voted to

lower its assessment rate and use more

of the reserve to cover its expenses. The
25388 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations

reduced assessment rate is expected to

bring assessment income closer to the

amount necessary to administer the

program for the 1997–98 fiscal period.

Major expenses recommended by the

Committee for the 1997–98 fiscal year

include $84,500 for personnel and

administrative expenses, $40,500 for

compliance, $23,200 for research

projects, and $10,000 for promotion.

Budgeted expenses for these items in

1996–97 were $84,500, $115,500,

$108,000, and $0, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of South Texas melons.

Melon shipments for the year are

estimated at 3,870,000 cartons, which

should provide $154,800 in assessment

income. Income derived from handler

assessments, along with funds from the

Committee’s authorized reserve, will be

adequate to cover budgeted expenses.

Funds in the reserve (currently

$228,669) will be kept within the

maximum permitted by the order

(approximately two fiscal periods’

expenses; § 979.44).

The assessment rate established in

this rule 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

remainder of the Committee’s 1997–98

budget was approved December 23,

1997, and those for subsequent fiscal

periods will be reviewed and, as

appropriate, approved by the

Department.

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, 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 33 producers

of South Texas melons in the

production area and approximately 16

handlers subject to regulation under the

marketing order. Small agricultural

producers have been defined by the

Small Business Administration (13 CFR

121.601) as those having annual receipts

less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000. The majority of South

Texas melon producers and handlers

may be classified as small entities.

This rule continues in effect the

assessment rate of $0.04 per carton

established for the Committee and

collected from handlers for the 1997–98

and subsequent fiscal periods. The

Committee unanimously recommended

1997–98 expenditures of $158,200 and

an assessment rate of $0.04 per carton

of melons. In comparison, last year’s

budgeted expenditures were $308,000.

The assessment rate of $0.04 is $0.03

less than the rate previously in effect. At

the former rate of $0.07 per carton and

an estimated 1998 melon production of

3,870,000 cartons, the projected reserve

on September 30, 1998, would have

exceeded the level the Committee

believes necessary to administer the

program. The Committee decided that

an assessment rate of less than $0.04

would not generate the income

necessary to administer the program

with an adequate reserve.

Major expenses recommended by the

Committee for the 1997–98 fiscal period

include $84,500 for personnel and

administrative expenses, $40,500 for

compliance, $23,200 for research

projects, and $10,000 for promotion.

Budgeted expenses for these items in

1996–97 were $84,500, $115,500,

$108,000, and $0, respectively.

Melon shipments for the year are

estimated at 3,870,000 cartons, which

should provide $154,800 in assessment

income. Income derived from handler

assessments, along with funds from the

Committee’s authorized reserve, will be

adequate to cover budgeted expenses.

Funds in the reserve (currently

$228,669) will be kept within the

maximum permitted by the order

(approximately two fiscal periods’

expenses; § 979.44).

Recent price information indicates

that the grower price for the 1997–98

marketing season will range between

$7.00 and $9.00 per carton of

cantaloupes and between $5.00 and

$7.00 per carton of honeydew melons.

Therefore, the estimated assessment

revenue for the 1997–98 fiscal period as

a percentage of total grower revenue

will range between .006 and .004

percent for cantaloupes and between

.008 and .006 percent for honeydew

melons.

This rule continues to decrease the

assessment obligation imposed on

handlers. While this rule imposes 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, these costs are offset by the

benefits derived by the operation of the

marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the South Texas

melon industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the December 16,

1997, 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 South Texas

melon handlers. 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.

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 January 29, 1998 (63 FR

4366). 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 March 30, 1998, and no

comments were received.

After consideration of all relevant

material 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.
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations 25389

List of Subjects in 7 CFR Part 979

Marketing agreements, Melons,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 979 is amended as

follows:

PART 979—MELONS GROWN IN

SOUTH TEXAS

Accordingly, the interim final rule

amending 7 CFR part 979 which was

published at 63 FR 4366 on January 29,

1998, is adopted as a final rule without

change.

Dated: May 4, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–12291 Filed 5–7–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–ANE–40–AD; Amendment

39–10514; AD 98–10–03]

RIN 2120–AA64

Airworthiness Directives; Allison

Engine Company Model 250–C47B

Turboshaft Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD)

97–21–09, applicable to Allison Engine

Company Model 250–C47B turboshaft

engines, that currently requires

replacing the engine main electrical

harness assembly with an improved

assembly, installing a new

hydromechanical unit (HMU) and

electronic control unit (ECU), removing

the placard notifying the pilot that the

overspeed protection system is disabled,

and revising the Bell Helicopter

Textron, A Division of Textron Canada

Ltd. (BHTC), Model 407 Rotorcraft

Flight Manual (RFM). This amendment

continues the requirements of the

current AD, but adds the requirement to

install ECUs with improved resistance

to corrosion. This amendment is

prompted by reports of ECUs with

annunciated hard faults due to

corrosion on internal connectors. The

actions specified by this AD are

intended to prevent uncommanded

inflight engine shutdowns, which can

result in autorotation, forced landing,

and possible loss of the helicopter.

DATES: Effective May 26, 1998.

The incorporation by reference of

Allison Engine Company Alert

Commercial Engine Bulletin (CEB) CEB–

A–73–6010, dated October 15, 1996,

CEB A–73–6015, Revision 1, dated July

30, 1997, and Revision 2, dated October

31, 1997, and BHTC Flight Manual

BHT–407–FM–1, Revision 5, dated June

24, 1997, as listed in the regulations,

was approved previously by the Director

of the Federal Register as of December

3, 1997 (62 FR 61438, November 18,

1997).

The incorporation by reference of

Allison Engine Company Alert CEB–A–

73–6017, Revision 1, dated February 18,

1998, and Revision 2, dated April 9,

1998, is approved by the Director of the

Federal Register as of May 26, 1998.

Comments for inclusion in the Rules

Docket must be received on or before

July 7, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 97–ANE–

40–AD, 12 New England Executive Park,

Burlington, MA 01803–5299. Comments

may also be sent via the Internet using

the following address: ‘‘9-adengineprop@faa.dot.gov’’. Comments

sent via the Internet must contain the

docket number in the subject line.

The service information referenced in

this AD may be obtained from Allison

Engine Company, P.O. Box 420, Speed

Code P–40A, Indianapolis, IN 46206–

0420; telephone (317) 230–2720, fax

(317) 230–3381. This information may

be examined at the FAA, New England

Region, Office of the Regional Counsel,

Burlington, MA; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Patricia Bonnen, Aerospace Engineer,

Chicago Aircraft Certification Office,

FAA, Small Airplane Directorate, 2300

East Devon Ave., Des Plaines, IL 60018;

telephone (847) 294–7134, fax (847)

294–7834.

SUPPLEMENTARY INFORMATION: On

November 10, 1997, the Federal

Aviation Administration (FAA) issued

airworthiness directive (AD) 97–21–09,

Amendment 39–10162 (62 FR 61438,

November 18, 1997), to require

replacing the engine main electrical

harness assembly with an improved

assembly, installing a new

hydromechanical unit (HMU) and

electronic control unit (ECU), removing

the placard notifying the pilot that the

overspeed protection system is disabled,

and revising the Bell Helicopter

Textron, A Division of Textron Canada

Ltd. (BHTC) Model 407 Rotorcraft Flight

Manual (RFM). That action was

prompted by development of overspeed

protection system modifications to

reactivate the overspeed solenoid

(which had been disabled in accordance

with AD 96–24–09 to prevent engine

shutdown due to zero fuel flow when

tripped) in conjunction with raising the

power turbine overspeed trip point and

revising the overspeed system to default

to a minimum fuel flow in the event of

its activation. That condition, if not

corrected, could result in

uncommanded inflight engine

shutdowns, which can result in

autorotation, forced landing, and

possible loss of the helicopter.

Since the issuance of that AD, the

FAA received reports of two BHTC 407

rotorcraft involved in incidents where

there was an annunicated hard fault

with the ECU. In each case, the result

was a failed fixed event in which the

pilot transitioned to manual mode

without incident. The hard faults have

been attributed to corrosion on internal

connectors. Subsequent to the incidents,

the manufacturer conducted an initial

investigation on returned ECUs and

found two additional units with

corrosion on internal connectors.

The FAA has reviewed and approved

the technical contents of Allison Engine

Company Alert CEB–A–73–6017,

Revision 1, dated February 18, 1998,

and Revision 2, dated April 9, 1998, that

describes procedures for installing ECUs

with improved resistance to corrosion.

Since an unsafe condition has been

identified that is likely to exist or

develop on other engines of this same

type design, this AD supersedes AD 97–

21–09 and continues to require

replacement of the engine main

electrical harness assembly with an

improved assembly, and, after replacing

the ECU and HMU, removing the

‘‘OVRSPD SYSTEM INOP’’ placard

required by paragraph (d) of AD 96–24–

09, revising the BHTC Model 407 RFM.

These actions are now required prior to

further flight, if not already

accomplished. In addition, this AD adds

a requirement to install an ECU with

improved resistance to corrosion within

45 days after the effective date of this

AD, based upon the need to protect the

affected engines against effects of

corrosion. Installation of the improved,

corrosion resistant ECU will meet the

requirement to install a new ECU. The

requirements of paragraph (c) of this AD

have been coordinated with the

Rotorcraft Directorate. The actions are

required to be accomplished in