32598 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

conditions that served as the basis for

the approval of the voluntary early

retirement authority.

(f) Agencies are required to provide

OPM with interim and final reports on

each voluntary early retirement

authorization, as covered in OPM’s

approval letter to the agency. OPM may

suspend an agency’s early retirement

authority if the agency is not in

compliance with the reporting

requirements or reporting schedule

provided to the agency in the approval

letter from OPM.

(g) Agencies are responsible for

ensuring that employees are not coerced

into voluntary early retirement. If an

agency finds any instances of coercion,

it must take appropriate corrective

action.

(h) OPM may terminate an agency’s

authority at any time that OPM

determines the agency is no longer

undergoing the major reorganization,

major reduction in force, or major

transfer of function that formed the

basis for OPM’s approval of the

authority. OPM may take steps to

amend, limit, or terminate an authority

in order to ensure that early retirement

programs are operated in a manner

which is consistent with applicable

laws or regulatory requirements.

(i) Pursuant to section 7001 of Public

Law 105–174 (112 Stat. 91), the

provisions of this section are applicable

until September 30, 1999.

[FR Doc. 98–15656 Filed 6–12–98; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

[Docket No. FV98–958–1 FR]

Onions Grown in Certain Designated

Counties in Idaho, and Malheur

County, Oregon; Decreased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule decreases 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 will remain in effect indefinitely

unless modified, suspended, or

terminated.

EFFECTIVE DATE: June 16, 1998.

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

No. 130 and Marketing Order No. 958 (7

CFR part 958), both as amended,

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 as issued herein will be

applicable to all assessable onions

beginning on July 1, 1998, 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 decreases the assessment

rate established for the Committee for

the 1998–99 and subsequent fiscal

periods from $0.10 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 estimates

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

assessment income from exceeding the
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations 32599

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 1997–98 assessment

income is greater than anticipated and

the respective 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 estimates

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 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, will 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 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 will be

in effect 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 and are locally published.

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.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this rule on small entities. Accordingly,

the 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 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 decreases the assessment

rate established for the Committee and

collected from handlers for the 1998–99

and subsequent fiscal periods from

$0.10 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 assessment

rate established by this action is $0.01

lower than the 1997–98 rate. 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, will 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 will have a
32600 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 /Rules and Regulations

relatively insignificant impact on the

Idaho-Eastern Oregon onion industry.

This action decreases 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 will

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.

This rule imposes 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 proposed rule concerning this

action was published in the Federal

Register on May 15, 1998 (63 FR 26999).

A copy of the proposed rule was also

sent via facsimile transmission to the

administrative office of the Committee,

which in turn notified Committee

members and industry members. The

proposal was also made available

through the Internet by the Government

Printing Office.

A 15-day comment period ending

June 1, 1998, was provided to allow

interested persons the opportunity to

respond to the request for information

and comments. No comments were

received in response to the proposal.

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.

Pursuant to 5 U.S.C. 553, it is also

found and determined that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

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; (3) handlers are aware of this

action which was recommended by the

Committee at a public meeting; and (4)

a 15-day comment period was provided

for in the proposed rule, and no

comments were received.

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 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 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: June 10, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–15835 Filed 6–12–98; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 71

RIN 3150–AF59

Requirements for Shipping Packages

Used To Transport Vitrified High-Level

Waste

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to add vitrified high-level

waste (HLW) contained in a sealed

canister designed to maintain waste

containment during handling activities

associated with transport to the forms of

plutonium which are exempt from the

double-containment packaging

requirements for transportation of

plutonium. This amendment responds

to a petition for rulemaking submitted

by the Department of Energy, Office of

Civilian Radioactive Waste Management

(DOE/OCRWM). This final rule grants

the petition for rulemaking, with

modifications, and completes NRC

action on the petition. This final rule

also will make a minor correction

regarding the usage of metric and

English units, to be consistent with

existing NRC policy on such use.

DATES: The effective date is July 15,

1998. The incorporation by reference of

the American Society of Mechanical

Engineers (ASME) Boiler and Pressure

Vessel Code, Section VIII, editions

through the 1995 Edition, is approved

by the Director of the Federal Register

as of July 15, 1998.

FOR FURTHER INFORMATION CONTACT: Earl

Easton [telephone (301) 415–8520, email EXE@nrc.gov] or Mark Haisfield

[telephone (301) 415–6196, e-mail

MFH@nrc.gov] of the Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001.

SUPPLEMENTARY INFORMATION:

Background

In 1974, the Atomic Energy

Commission (AEC) adopted the special

requirements in 10 CFR 71.63 that

regulate the shipment of plutonium in

excess of 0.74 terabecquerels (TBq) [20

Curies] per package. These requirements

specify that plutonium must be in solid

form and that packages used to transport

plutonium must provide a separate

inner containment (the ‘‘doublecontainment’’ requirement). In adopting

these requirements, the AEC specifically

excluded from the double-containment

requirement plutonium in the form of

reactor fuel elements, metal or metal

alloys, and, on a case-by-case basis,

other plutonium-bearing solids that the

agency determines do not require

double containment. The Statement of

Consideration for the original rule (39

FR 20960; June 17, 1974), specifies that

‘‘* * * solid forms of plutonium that

are essentially nonrespirable should be

exempted from the double-containment

requirement.’’

On November 30, 1993, DOE/OCRWM

petitioned the NRC to amend § 71.63(b)

to add vitrified HLW contained in a

sealed canister to the forms of

plutonium which are exempt from the

double-containment packaging

requirements of Part 71. The NRC

published a notice of receipt for the

petition, docketed as PRM–71–11, in the

Federal Register on February 18, 1994

(59 FR 8143). Three comments were

received on the petition.

Pursuant to the Nuclear Waste Policy

Act of 1982, as amended (NWPA), DOE