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

28292

Vol. 63, No. 99

Friday, May 22, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1160

[DA–98–04]

Fluid Milk Promotion Order; Invitation

to Submit Comments on Proposed

Amendments to the Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This document invites written

comments on a proposal to amend the

Fluid Milk Promotion Order. The

proposed amendments, requested by the

National Fluid Milk Processor

Promotion Board, which administers the

Order, would modify the membership

status and term of office of Board

members. The proposed rule would also

amend order language pertaining to

committees and intellectual property

rights (patents, copyrights, inventions,

and publications). The Board believes

that the proposed amendments are

necessary to maintain Board

membership continuity. The changes

should allow the Board to operate in a

more effective and efficient manner.

DATES: Comments are due no later than

June 22, 1998.

ADDRESSES: Comments (two copies)

should be filed with the USDA/AMS/

Dairy Programs, Promotion and

Research Branch, 1400 Independence

Avenue, SW, Stop 0233, Room 2734

South Building, Washington, DC 20250–

0233. Comments should reference the

docket number and the date and page

number of this issue of the Federal

Register and will be made available for

public inspection in Room 2734 South

Building during regular business hours.

FOR FURTHER INFORMATION CONTACT:

David R. Jamison, Chief, USDA/AMS/

Dairy Programs, Promotion and

Research Branch, 1400 Independence

Avenue, SW, Stop 0233, Room 2734

South Building, Washington, DC 20250–

0233, (202) 720–6909,

DavidlJamison@usda.gov.

SUPPLEMENTARY INFORMATION: The

Regulatory Flexibility Act (5 U.S.C.

601–612) requires the Agency to

examine the impact of a proposed rule

on small entities. Small businesses in

the fluid milk processing industry have

been defined by the Small Business

Administration as those employing less

than 500 employees. There are

approximately 250 fluid milk processors

subject to the provisions of the Fluid

Milk Promotion Order. Most of the

parties subject to the Order are

considered small entities.

Several changes are proposed to the

Order provisions of the Fluid Milk

Promotion Order (7 CFR Part 1160)

concerning membership on the National

Fluid Milk Processor Promotion Board

(Board) and the terms of office for Board

members. The Order is authorized

under the Fluid Milk Promotion Act of

1990 (7 USC 6401–6417). The Board

requested the amendments.

The Order provides for a 20-member

board with 15 members representing

geographic regions and five at-large

members, at least three of whom are to

be fluid milk processors and at least one

member from the general public. To the

extent practicable, members

representing geographic regions should

represent processing operations of

differing sizes.

Currently, the Order provides that a

fluid milk processor can be represented

on the Board by not more than one

member. The Board in its petition for

rulemaking noted that it is more

difficult to maintain the single member

representation; that processors are larger

in size and operate in several geographic

areas; and that, to maintain continuity

and provide a consistent pool of

processor representatives, a change in

the Order provisions is needed to allow

more than one representative on the

Board. The proposed amendments

would allow a fluid milk processor to

have two members on the Board.

Currently, except in those instances

where a Board member changes fluid

milk processor affiliation and is eligible

to serve on the Board in another

capacity during the same term, a Board

member whose processor affiliation has

changed cannot continue to serve on the

Board. This proposed rule would allow

Board members whose fluid milk

processor company affiliation has

changed to serve on the Board for a

period of up to 60 days or until a

successor is appointed, whichever is

sooner, provided that the eligibility

requirements of the Order are still met.

This should help in the reduction of

Board vacancies and foster continuity in

Board activities and membership.

Another change that would contribute

to greater continuity on the Board

would allow Board members who fill

vacancies with a term of 18 months or

less to serve two consecutive full 3-year

terms. Currently, the order provides that

except for the initial staggered

appointments, Board members could

only serve two consecutive terms.

Another change would permit the

Board to establish working committees

of persons other than Board members to

assist the Board with activities by

providing information, knowledge, and

expertise that otherwise might not be

available.

Finally, the amendments would also

modify the intellectual property

provisions of the Order to specifically

provide for and allow joint ownership of

intellectual property, i.e., patents,

copyrights, inventions, and

publications, that is developed using

joint funds.

These amendments to Order

provisions should not add any burden

to regulated parties because they relate

to provisions concerning membership

on the Board, the establishment of

working committees, and joint

ownership for patents, copyrights,

inventions, and publications. The

proposed changes would not impose

additional reporting or collecting

requirements. No relevant Federal rules

have been identified that duplicate,

overlap, or conflict with the rule.

Accordingly, pursuant to 5 U.S.C.

605(b), the Agricultural Marketing

Service has certified that this rule

would not have a significant economic

impact on a substantial number of small

entities.

Executive Order 12866 and the

Paperwork Reduction Act

This proposed rule has been reviewed

by the Office of Management and

Budget and has been determined to be

not significant for purposes of Executive

Order 12866.

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. If adopted,
Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 / Proposed Rules 28293

this proposed rule would not preempt

any State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

The Fluid Milk Promotion Act of

1990, as amended, authorizes the Fluid

Milk Promotion Order. The Act

provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 1999K of the Act, any person

subject to a Fluid Milk Promotion 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 the law and request a

modification of the Order or to be

exempted from the Order. A person

subject to an order is afforded the

opportunity for a hearing on the

petition. After a 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 person is an inhabitant, or has his

principal place of business, has

jurisdiction to review the Secretary’s

ruling on the petition, provided a

complaint is filed not later than 20 days

after the date of the entry of the ruling.

In accordance with the Paperwork

Reduction Act (44 U.S.C. Chapter 35),

the forms and reporting and

recordkeeping requirements that are

included in the Fluid Milk Promotion

Order have been approved previously

by the Office of Management and

Budget (OMB) and were assigned OMB

No. 0581–0093, except for Board

members’ nominee background

information sheets that were assigned

OMB No. 0505–0001.

Statement of Consideration

The proposed rule would amend the

membership and term-of-office

provisions of the Fluid Milk Promotion

Order. Currently, the Order provides

that a fluid milk processor can be

represented on the Board by not more

than one member. The Board in its

recommendation for rulemaking noted

that it is more difficult to maintain the

single member representation; that

processors are larger in size and operate

in several geographic areas; and that, to

maintain continuity and provide a

consistent pool of processor

representatives, a change in the Order

provisions is needed to allow more than

one representative on the Board. The

proposed amendments would allow a

fluid milk processor to have two

members on the Board.

The proposed amendments also

would allow Board members whose

fluid milk processor company affiliation

has changed to serve on the Board for

a period of up to 60 days or until a

successor is appointed, whichever is

sooner. Currently, except in those

instances where a Board member

changes fluid milk processor affiliation

and is eligible to serve on the Board in

another capacity during the same term,

a Board member whose processor

affiliation has changed cannot continue

to serve on the Board. This proposed

rule would allow Board members whose

fluid milk processor company affiliation

has changed to serve on the Board for

a period of up to 60 days or until a

successor is appointed, whichever is

sooner, provided that the eligibility

requirements of the Order are still met.

This should help in the reduction of

Board vacancies and foster continuity in

Board activities and membership.

The proposed amendments would

also allow Board members who fill

vacancies with a term of 18 months or

less to serve two additional 3-year

terms. Currently, the Order states that,

except for the initial staggered Board

appointments of 1- or 2-year terms,

Board members may only serve two

consecutive terms. Thus any time

served with the initial term is

considered a complete term. The Board

feels that this rule change would allow

for greater continuity of membership.

This document also proposes to

amend two additional sections of the

Fluid Milk Promotion Order. The

proposed amendments would permit

the Board to establish working

committees of persons other than Board

members to assist the Board with

activities by providing information,

knowledge, and expertise that otherwise

might not be available.

The proposed amendments also

would modify the section on patents,

copyrights, inventions, and publications

by allowing jointly developed

intellectual property to be jointly

owned. Currently, the Order does not

specifically provide for such joint

ownership. This proposed amendment

would allow the Board greater flexibility

concerning intellectual property as it

relates to ownership rights.

A thirty-day comment period is

provided for interested persons to

comment on this proposed rule. This

period is appropriate so as to permit

implementation of the changes, if

adopted, as soon as possible.

List of Subjects in 7 CFR Part 1160

Fluid milk products, Milk, Promotion.

For the reasons set forth in the

preamble, it is proposed that 7 CFR Part

1160 be amended as follows:

PART 1160—FLUID MILK PROMOTION

PROGRAM

1. The authority citation for 7 CFR

Part 1160 continues to read as follows:

Authority: 7 U.S.C. 6401–6417.

2. In § 1160.200, paragraph (a) is

revised to read as follows:

§ 1160.200 Establishment and

membership.

(a) There is hereby established a

National Fluid Milk Processor

Promotion Board of 20 members, 15 of

whom shall represent geographic

regions and five of whom shall be atlarge members of the Board. To the

extent practicable, members

representing geographic regions shall

represent fluid milk processing

operations of differing sizes. No fluid

milk processor shall be represented on

the Board by more than two members.

The at-large members shall include at

least three fluid milk processors and at

least one member from the general

public. Except for the member or

members from the general public,

nominees appointed to the Board must

be active owners or employees of a fluid

milk processor. The failure of such a

member to own or work for a fluid milk

processor or its successor fluid milk

processor shall disqualify that member

for membership on the Board except

that such member shall continue to

serve on the Board for a period of up to

60 days following the disqualification or

until the appointment of a successor

Board member to such position,

whichever is sooner, provided that such

person continues to meet the criteria for

serving on the Board as a processor

representative.

* * * * *

3. In § 1160.201, paragraph (b) is

revised to read as follows:

§ 1160.201 Term of office.

* * * * *

(b) No member shall serve more than

two consecutive terms, except that any

member who is appointed to serve for

an initial term of one or two years shall

be eligible to be reappointed for two

three-year terms. Appointment to

another position on the Board is

considered a consecutive term. Should

a non-board member be appointed to fill

a vacancy on the Board with a term of

18 months or less remaining, the

appointee shall be entitled to serve two

consecutive 3-year terms following the

term of the vacant position to which the

person was appointed.

4. In § 1160.208, paragraph (g) is

revised to read as follows:
28294 Federal Register / Vol. 63, No. 99 / Friday, May 22, 1998 / Proposed Rules

§ 1160.208 Powers of the Board.

* * * * *

(g) To select committees and

subcommittees, to adopt bylaws, and to

adopt such rules for the conduct of its

business as it may deem advisable; and

the Board may establish working

committees of persons other than Board

members;

* * * * *

5. In § 1160.505, the text is designated

paragraph (a) and a new paragraph (b)

is added to read as follows:

§ 1160.505 Patents, copyrights, inventions

and publications.

* * * * *

(b) Should patents, copyrights,

inventions, and publications be

developed through the use of funds

collected by the Board under this

subpart, and funds contributed by

another organization or person,

ownership and related rights to such

patents, copyrights, inventions, and

publications shall be determined by the

agreement between the Board and the

party contributing funds towards the

development of such patent, copyright,

invention, and publication in a manner

consistent with paragraph (a) of this

section.

Dated: May 18, 1998.

Enrique E. Figueroa,

Administrator, Agricultural Marketing

Service.

[FR Doc. 98–13772 Filed 5–21–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

7 CFR Parts 3015, 3016 and 3019

RIN 0503–AA16

Uniform Administrative Requirements

for Grants and Cooperative

Agreements to State and Local

Governments and Uniform

Administrative Requirements for

Grants and Agreements with

Institutions of Higher Education,

Hospitals, and Other Non-Profit

Organizations

AGENCY: Department of Agriculture,

USDA.

ACTION: Notice of proposed rulemaking;

extension of comment period.

SUMMARY: On February 17, 1998, USDA

published in the Federal Register (63

FR 7734) a Notice of Proposed

Rulemaking (NPRM) in which USDA

proposed to revise its grants

management regulations in order to

bring the entitlement programs it

administers under the same regulations

that already apply to nonentitlement

programs and identify exceptions to

these general rules that apply only to

entitlement programs. This document

extends the comment period for that

NPRM in order to give interested parties

ample time to comment.

DATES: The period for written comments

is extended from May 19, 1998 to June

18, 1998.

ADDRESSES: Comments must be mailed

or faxed to Gerald Miske, Supervisory

Management Analyst, Fiscal Policy

Division, Office of the Chief Financial

Officer, USDA, Room 3022 South

Building, 1400 Independence Avenue,

SW, Washington, D.C. 20250; FAX (202)

690–1529. Written comments may be

inspected at the above address from 8:00

a.m. to 5:00 p.m. A copy of the

Regulatory Cost/Benefit Assessment

referenced in the Regulatory Impact

Analysis section of this preamble can be

obtained from Gerald Miske,

Supervisory Management Analyst,

Fiscal Policy Division, Office of the

Chief Financial Officer, USDA, Room

3022 South Building, 1400

Independence Avenue, SW,

Washington, D.C. 20250. This

assessment may be examined at the

same address.

FOR FURTHER INFORMATION CONTACT:

Gerald Miske, Supervisory Management

Analyst, Fiscal Policy Division, Office of

the Chief Financial Officer, USDA, at

the above address; telephone (202) 720–

1553.

Dated: May 19, 1998.

Sally Thompson,

Chief Financial Officer.

[FR Doc. 98–13773 Filed 5–21–98; 8:45 am]

BILLING CODE 3410–90–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–CE–09–AD]

RIN 2120–AA64

Airworthiness Directives; The New

Piper Aircraft, Inc. PA–24, PA–28R,

PA–30, PA–32R, PA–34, and PA–39

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

revise Airworthiness Directive (AD) 97–

01–01, which currently requires

repetitively inspecting the main gear

sidebrace studs for cracks on The New

Piper Aircraft, Inc. (Piper) Models PA–

24, PA–28R, PA–30, PA–32R, PA-34,

and PA–39 series airplanes, and

replacing any main gear sidebrace stud

found cracked. The Federal Aviation

Administration (FAA) has approved

certain alternative methods of

compliance (AMOC) for AD 97–01-01,

and has determined that these AMOC’s

should be incorporated into the AD. The

proposed AD would retain all the

actions of AD 97–01–01, and would

incorporate certain AMOC’s as a way of

accomplishing the actions specified in

AD 97–01–01. The actions specified by

the proposed AD are intended to

prevent a main landing gear collapse

caused by main gear sidebrace stud

cracks, which could result in loss of

control of the airplane during landing

operations.

DATES: Comments must be received on

or before July 23, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket No. 96-CE–09-

AD, Room 1558, 601 E. 12th Street,

Kansas City, Missouri 64106. Comments

may be inspected at this location

between 8 a.m. and 4 p.m., Monday

through Friday, holidays excepted.

Information that applies to the

proposed AD may be examined at the

Rules Docket at the address above.

FOR FURTHER INFORMATION CONTACT: Mr.

William O. Herderich, Aerospace

Engineer, FAA, Atlanta Certification

Office, One Crown Center, 1895 Phoenix

Boulevard, suite 450, Atlanta, Georgia

30349; telephone: (770) 703–6084;

facsimile: (770) 703–6097.

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