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

26999

Vol. 63, No. 94

Friday, May 15, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

[Docket No. FV98–958–1 PR]

Onions Grown in Certain Designated

Counties in Idaho, and Malheur

County, Oregon; Decreased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would decrease the

assessment rate established for the

Idaho-Eastern Oregon Onion Committee

(Committee) under Marketing Order No.

958 for the 1998–99 and subsequent

fiscal periods from $0.10 to $0.09 per

hundredweight of onions handled. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of onions

grown in designated counties in Idaho,

and Malheur County, Oregon.

Authorization to assess Idaho-Eastern

Oregon onion handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The fiscal period begins

July 1 and ends June 30. The assessment

rate would remain in effect indefinitely

unless modified, suspended, or

terminated.

DATES: Comments must be received by

June 1, 1998.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent to the Docket Clerk, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Fax: (202) 205–6632.

Comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be available for public inspection in

the Office of the Docket Clerk during

regular business hours.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2724, Fax: (503) 326–7440; or

George 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) 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, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 958 (7 CFR part 958),

regulating the handling of onions grown

in certain designated counties in Idaho,

and Malheur County, Oregon,

hereinafter referred to as the ‘‘order.’’

The order is 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

(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 order now in effect,

Idaho-Eastern Oregon onion handlers

are subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate proposed herein would

be applicable to all assessable onions

beginning on July 1, 1998, and continue

until amended, suspended, or

terminated. 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 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 would decrease the

assessment rate established for the

Committee for the 1998–99 and

subsequent fiscal periods from $0.10 per

hundredweight to $0.09 per

hundredweight of onions handled.

The 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 Committee consists of

six producer members, four handler

members and one public member, each

of whom is 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 budget and assessment rate

were discussed at a public meeting and

all directly affected persons had 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 of $0.10 per

hundredweight that would continue in

effect from fiscal period to fiscal period

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 April 2, 1998,

and unanimously recommended 1998–

99 expenditures of $1,155,205 and an

assessment rate of $0.09 per

hundredweight of onions handled

during the 1998–99 and subsequent

fiscal periods. The Committee estimated

that the 1998–99 onion crop will

approximate 9,200,000 hundredweight

of onions. In comparison, the 1997–98

fiscal period budget was established at

$1,146,916 on an estimated assessable

onion harvest of 8,800,000

hundredweight of onions. The decrease

is necessary to prevent expected
27000 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Proposed Rules

assessment income from exceeding the

amount necessary to administer the

program for the 1998–99 fiscal period.

The Committee anticipates that

assessment income during the 1997–98

fiscal period will be approximately

$100,000 higher than that estimated for

its 1997–98 budget. This is due to a

greater level of onion production than

anticipated by the Committee during its

1997–98 budget deliberations. The

Committee also anticipates that it will

not expend $1,146,916 as budgeted for

the 1997–98 fiscal period, but rather

will have expenditures totaling

approximately $950,000. At the time the

1997–98 fiscal period budget was

recommended, the Committee had

estimated that it would draw up to

$216,916 from its operating reserve.

However, since current assessment

income is greater than anticipated and

expenditures are less than budgeted, the

operating reserve may actually increase

by the end of the fiscal period rather

than decrease. As a consequence, the

Committee has estimated that its

operating reserve will approximate

$1,141,700 by June 30, 1998. Thus, to

help ensure that the operating reserve

does not exceed the maximum allowed

by the order of approximately one fiscal

period’s expenditures, the Committee

recommended that the assessment rate

be decreased. Lower assessment rates

were considered, but not recommended

because they would not generate the

income necessary to administer the

program with an adequate operating

reserve.

The major expenditures

recommended by the Committee for the

1998–99 fiscal period include $215,205

for administration, $55,000 for

production research, $750,000 for

market promotion including paid

advertising, $60,000 for export market

development, and $75,000 for marketing

order contingencies. Budgeted expenses

for these items in the 1997–98 fiscal

period were $206,716, $55,200,

$750,000, $60,000, and $75,000,

respectively.

The Committee has based its

recommended assessment rate decrease

on the 1998–99 crop estimate, the 1998–

99 fiscal period expenditures estimate,

as well as the current and projected

balance of the operating reserve. The

decreased assessment rate should

provide $828,000 in income, which,

when combined with interest income of

$55,000 and operating reserve funds of

$272,205, would be adequate to cover

budgeted expenses. As noted above, the

Committee estimates it will have

approximately $1,141,700 in its

operating reserve at the end of the

current fiscal period, which should be

adequate to cover any income shortages.

This amount is within the maximum

permitted by the order of approximately

one fiscal period’s expenditures

(§ 958.44).

The proposed assessment rate would

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 would

be in effect for an indefinite period, the

Committee would 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 and are locally published.

Committee meetings are open to the

public and interested persons may

express their views at these meetings.

The Department would evaluate

Committee recommendations and other

available information to determine

whether modification of the assessment

rate is needed. Further rulemaking

would be undertaken as necessary.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact

this rule would have on small entities.

Accordingly, the AMS has prepared this

initial 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 35 handlers

of Idaho-Eastern Oregon onions who are

subject to regulation under the order

and approximately 260 onion producers

in the regulated production area. Small

agricultural service firms have been

defined by the Small Business

Administration (13 CFR 121.601) as

those having annual receipts of less than

$5,000,000, and small agricultural

producers are defined as those having

annual receipts of less than $500,000.

The majority of Idaho-Eastern Oregon

onion handlers and producers may be

classified as small entities.

This rule would decrease the

assessment rate established for the

Committee and collected from handlers

for the 1998–99 and subsequent fiscal

periods from $0.10 per hundredweight

to $0.09 per hundredweight of onions

handled. Both the $0.09 assessment rate

and the 1998–99 budget of $1,155,205

were unanimously recommended by the

Committee at its April 2, 1998, meeting.

The proposed assessment rate is $0.01

lower than the rate currently in effect.

The Committee recommended a

decreased assessment rate to help

ensure that the operating reserve does

not exceed the maximum allowed by the

order of approximately one fiscal

period’s expenditures. The anticipated

crop of 9,200,000 hundredweight is

approximately 400,000 hundredweight

larger than the crop estimate used to

establish the 1997–98 budget. The $0.09

rate should provide $828,000 in

assessment income, which, when

combined with interest income of

$55,000 and $272,205 from the

operating reserve, would be adequate to

meet the 1998–99 fiscal period’s

budgeted expenses.

The Committee reviewed and

unanimously recommended 1998–99

expenditures of $1,155,205 which

includes increases in administrative

expenses, salaries, and committee

expenses. Prior to recommending this

budget, the Committee considered

information from various sources,

including the Idaho-Eastern Oregon

Onion Executive, Research, Promotion

and Export Development Committees.

Alternative expenditure levels were

discussed and rejected by these

subcommittees, and ultimately by the

full Committee, based upon the relative

value of various research and promotion

projects to the Idaho-Eastern Oregon

onion industry.

The major expenditures

recommended by the Committee for the

1998–99 fiscal period include $215,205

for administration, $55,000 for

production research, $750,000 for

market promotion including paid

advertising, $60,000 for export market

development, and $75,000 for marketing

order contingencies. Budgeted expenses

for these items in the 1997–98 fiscal

period were $206,716, $55,200,

$750,000, $60,000, and $75,000,

respectively.

A review of historical information and

preliminary information pertaining to

the upcoming season indicates that the

F.O.B. price for the 1998–99 onion

season could average $13.10 per

hundredweight of onions. Therefore, the

estimated assessment revenue for the

1998–99 fiscal period ($828,000) as a

percentage of the projected total F.O.B.

revenue ($120,520,000) would be 0.007

percent. This figure indicates that the

$0.09 assessment rate recommended by

the Committee would have a relatively
Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Proposed Rules 27001

insignificant impact on the IdahoEastern Oregon onion industry.

This action would decrease 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, these costs would be offset by

the benefits derived by the operation of

the order. In addition, the Committee’s

meeting was widely publicized

throughout the Idaho-Eastern Oregon

onion industry and all interested

persons were invited to attend the

meeting and participate in Committee

deliberations on all issues. Like all

Committee meetings, the April 2, 1998,

meeting was a public meeting and all

entities, both large and small, were able

to express views on this issue. Finally,

interested persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

This proposed rule would impose no

additional reporting or recordkeeping

requirements on either small or large

onion 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.

A 15-day comment period is provided

to allow interested persons the

opportunity to respond to this request

for information and comments. Fifteen

days is deemed appropriate because: (1)

The Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

1998–99 fiscal period begins on July 1,

1998, and the order requires that the

rate of assessment for each fiscal period

apply to all assessable onions handled

during such fiscal period; and (3)

handlers are aware of this action which

was recommended by the Committee at

a public meeting and is similar to other

assessment rate actions issued in past

years.

List of Subjects in 7 CFR Part 958

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 958 is proposed to

be amended as follows:

PART 958—ONIONS GROWN IN

CERTAIN DESIGNATED COUNTIES IN

IDAHO, AND MALHEUR COUNTY,

OREGON

1. The authority citation for 7 CFR

part 958 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 958.240 is proposed to be

revised to read as follows:

§ 958.240 Assessment rate.

On and after July 1, 1998, an

assessment rate of $0.09 per

hundredweight is established for IdahoEastern Oregon onions.

Dated: May 11, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–13005 Filed 5–14–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–ANE–18–AD]

RIN 2120–AA64

Airworthiness Directives; General

Electric Company CF6–6 Series

Turbofan Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to

General Electric Company (GE) CF6–6

series turbofan engines. This proposal

would require removal from service of

affected low pressure turbine (LPT)

stage 4 disks prior to reaching new,

reduced cyclic life limits, and

replacement with serviceable parts. This

proposal is prompted by reports of LPT

stage 4 disk cracking in the blade

dovetail slot bottom area. The actions

specified by the proposed AD are

intended to prevent LPT stage 4 disk

cracking, which could result in an

uncontained engine failure and damage

to the aircraft.

DATES: Comments must be received by

June 15, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Regional Counsel,

Attention: Rules Docket No. 98–ANE–

18–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.

Comments may be inspected at this

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

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Karen Curtis, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA

01803–5299; telephone (781) 238–7192,

fax (781) 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 98–ANE–18–AD.’’ 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

Regional Counsel, Attention: Rules

Docket No. 98–ANE–18–AD, 12 New

England Executive Park, Burlington, MA

01803–5299.

Discussion

The Federal Aviation Administration

(FAA) has received reports of low