Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 / Proposed Rules 36197

the World Trade Organization. In

addition, the Committee’s meetings

were widely publicized throughout the

Idaho-Eastern Oregon onion industry

and all interested persons were invited

to attend and participate on all issues.

A copy of the notice was also made

available on the Internet by the U.S.

Government Printing Office.

Five comments were received. Four of

the comments are supportive of the

Committee’s recommendation. The

Idaho-Eastern Oregon Onion Committee

reaffirmed its unanimous

recommendation in favor of increasing

the minimum grade for white onions

from U.S. No. 2 or U.S. Commercial to

U.S. No. 1. The South Texas Onion

Committee, administering Marketing

Order No. 959, expressed its support of

the recommended modification as well.

The South Texas Onion Committee

commented that by the time the South

Texas industry enters the market in

March of each year, the market is

flooded with inferior quality white

onions from both Mexico and IdahoEastern Oregon, and that the onion

industries and consumers would benefit

from the minimum grade increase. The

minimum grade requirement for white

onion varieties handled under the South

Texas marketing order is a modified

U.S. No. 1 grade. The proposed rule

would increase the minimum grade

requirement for Idaho-Eastern Oregon

onions, with the two minimum grade

requirements becoming more similar.

Also commenting in favor of the

Committee’s recommendation were a

South Texas onion handler and an

association representing Texas onion

handlers as well as importers of

Mexican onions. Both commentators are

located in Mission, Texas. The handler

commented that the recommended

modification would allow the South

Texas industry the necessary confidence

to continue to produce onions for a

market free from the negative consumer

reaction associated with poor quality

white onions. The association also

added its support of the recommended

minimum grade increase. The

association stated that it has within its

membership approximately 21 South

Texas handlers of onions, most of whom

also import onions from Mexico. The

commenter added that the association

has numerous members who only

handle imported produce, including

white onions. The commenter noted

further that in the modern competitive

produce market, consumers must be

provided with the best quality products

available.

A comment was also received from

the European Commission, Brussels,

Belgium, on behalf of the European

Community. That comment stated that

the proposal aims at increasing the

minimum diameter size requirement for

imported onions from 2.54 to 2.79

centimeters for the period June 5

through March 9 of each year, and

objected to such action. However, the

Committee had recommended

increasing the minimum grade for

Idaho-Eastern Oregon white onions and

white onions imported during the

period June 5 through March 9 from

U.S. No. 2 to U.S. No. 1. However, the

recommendation did not include a

modification to the minimum diameter

size itself, which continues to be 1 inch

or 2.54 centimeters.

In conjunction with the issuance of

the advance notice and request for

comment, the Texas Cooperative

Inspection Program monitored white

onions imported from Mexico during

the period December 1, 1997, through

March 9, 1998. This process was

conducted at the request of the AMS to

determine the quantity of imported

white onions potentially impacted by

the Committee’s recommendation. An

analysis of the information provided by

the Inspection Program indicates that

approximately 98 percent of the white

onions imported from Mexico during

the test period met U.S. No. 1 grade. The

balance of the imported white onions

during this period either met U.S.

Commercial grade or failed to meet the

minimum of U.S. No. 2 grade. There

were no U.S. No. 2 grade white onions

imported from Mexico during this

period. During the test period, a total of

1,006,279 50-pound containers were

offered for importation. A total of

948,069 50-pound containers graded

U.S. No. 1, 11,427 50-pound containers

graded U.S. Commercial, and 10,783 50-

pound containers failed to meet the

current minimum grade requirement of

U.S. No. 2.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

A 60-day comment period is provided

to allow interested persons the

opportunity to respond to this proposal.

All written comments timely received

will be considered before a final

determination is made on this matter.

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 958.328 is amended by

revising paragraph (a)(1) to read as

follows:

§ 958.328 Handling Regulations.

* * * * *

(a)(1) Grade and size requirements. (i)

White varieties shall be either:

(A) U.S. No. 1, 1 inch minimum to 2

inches maximum diameter; or

(B) U.S. No. 1, at least 11⁄2 inches

minimum diameter.

(ii) Neither of these two categories of

onions may be commingled in the same

bag or other container.

* * * * *

Dated: June 26, 1998.

Eric M. Forman,

Acting Deputy Administrator, Fruit and

Vegetable Programs.

[FR Doc. 98–17564 Filed 7–1–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD07–98–039]

RIN 2115–AE46

Special Local Regulations; City of

Charleston, SC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: Temporary special local

regulations are being proposed for the

Charleston Maritime Center’s South

Carolina Tug Boat Challenge. The event

will last approximately 30 minutes and

will take place, depending on shipping

traffic, between 11 a.m. and 5 p.m.

Eastern Daylight Time (EDT) on August

8, 1998, in Charleston Harbor on Cooper

River Charleston, SC. The exact time of

the race will be announced via separate

Broadcast Notice to Mariners. These

regulations are necessary for the safety

of life on the navigable waters during

the event.

DATES: Comments must be received on

or before August 3, 1998.

ADDRESSES: Comments may be mailed to

U.S. Coast Guard Group Charleston, 196

Tradd Street, Charleston, SC 29401–

1817, or may be delivered to the
36198 Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 / Proposed Rules

Operations Department at the same

address, between 8:00 a.m. to 3:00 p.m.

EST, Monday through Friday, except

federal holidays. Comments will

become a part of the public docket and

will be available for copying and

inspection at the same address.

FOR FURTHER INFORMATION CONTACT:

LTJG A.L. Cooper, Project Manager,

Coast Guard Group Charleston at (803)

720–7748.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

[CGD07–98–039] and the specific

section of this proposal to which each

comment applies and give the reason for

each comment.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing. Persons may

request a public hearing by writing to

the address under ADDRESSES. The

request should include the reasons why

a hearing would be beneficial. If the

Coast Guard determines that the

opportunity for oral presentations will

aid this rulemaking, it will hold a public

hearing at a time and place announced

by a later notice in the Federal Register.

Background and Purpose

This proposed rule is needed to

provide for the safety of life during the

South Carolina Tug Boat Challenge. The

tug race is expected to create large and

powerful wakes. This proposed rule is

intended to promote safe navigation on

the Cooper River immediately before,

during, and after the race by controlling

the traffic entering, exiting, and

traveling within the regulated area.

There will be 6 to 8 participants

racing barges on a fixed course. The

event will take place on the Cooper

River at Charleston, SC, starting at the

John P. Grace Memorial Bridge, also

known as the Cooper River Bridge, and

continue south through Hog Island

Reach and end at the southern end of

Customhouse Reach on August 8, 1998.

The proposed regulation will be

effective for approximately 30 minutes

between 11 a.m. and 5 p.m. The actual

time of the event will be chosen to

ensure the least interference with vessel

traffic in Charleston Harbor.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

executive order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary. The

regulated area encompasses less than 2

nautical miles on the Cooper River

between the John P. Grace Bridge and

the southern end of Customhouse

Reach, and entry is prohibited for only

approximately 30 minutes on the day of

the event.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposed

rule, if adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include small business, notfor-profit organizations that are

independently owned and operated and

are not dominant in their field, and

governmental jurisdiction with

populations of less than 50,000.

Therefore, the Coast Guard certifies

under section 605(b) that this proposed

rule, if adopted, will not have a

significant effect upon a substantial

number of small entities because this

regulation will only be in effect in a

limited area for a period of

approximately 30 minutes on one day.

If, however, you think that your

business or organization qualifies as a

small entity and that this proposed rule

will have a significant economic impact

on your business or organization, please

submit a comment explaining why you

think it qualifies and in what way and

what degree this proposed rule will

economically affect it.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.)

Federalism

This action has been analyzed in

accordance with the principals and

criteria contained in Executive Order

12612 and it has been determined that

this rulemaking does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this action and

determined pursuant to Figure 2–1,

paragraph #34(h) of Commandant

Instruction M16475.1C, that this

proposed rule is categorically excluded

from further environmental

documentation. A Categorical Exclusion

Determination has been prepared and is

available in the docket for inspection or

copying.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways.

Proposed Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend part 100

of Title 33, Code of Federal Regulations,

as follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A temporary section 100.35 T–07–

039 is added to read as follows:

§ 100.35T–07–39 South Carolina Tug Boat

Challenge, Charleston Harbor, Charleston,

SC.

(a) Definitions. (1) Regulated area. A

regulated area is established on that

portion of the Cooper River at

Charleston, SC between the John P.

Grace Memorial Bridge, also known as

the Cooper River Bridge, and the

southern end of Customhouse Reach.

The regulated area encompasses the

width of the Cooper River between these

two points.

(2) Coast Guard Patrol Commander.

The Coast Guard Patrol Commander is

a commissioned, warrant, or petty

officer of the Coast Guard who has been

designated by the Commander, Coast

Guard Group Charleston, SC.

(b) Special local regulations. (1) Entry

into the regulated area by other than

event participants is prohibited, unless

otherwise authorized by the Coast

Guard Patrol Commander. After

termination of the South Carolina Tug

Boat Challenge on August 8, 1998, all

vessels may resume normal operations.

(2) On August 8, 1998, Coast Guard

Group Charleston will issue a broadcast

Notice to Mariners on VHF Channel 16/

22A advising mariners of the exact time

of the regulated area.

(3) A succession of not fewer than 5

short whistle or horn blasts from a

patrol vessel will be the signal for any
Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 / Proposed Rules 36199

and all vessels to take immediate steps

to avoid collision. The display of an

orange distress smoke signal from a

patrol vessel will be the signal for any

and all vessels to stop immediately.

(4) Spectators are required to maintain

a safe distance from the racecourse at all

times.

(c) Dates. This section is effective for

approximately 30 minutes between 11

a.m. and 5 p.m. EDT on August 8, 1998.

Dated: June 24, 1998.

Norman T. Saunders,

Rear Admiral, U.S. Coast Guard Commander,

Seventh Coast Guard District.

[FR Doc. 98–17646 Filed 7–1–98; 8:45 am]

BILLING CODE 4910–15–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–97; RM–9287]

Radio Broadcasting Services; Hudson,

WY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Windy

Valley Broadcasting proposing the

allotment of Channel 286C at Hudson,

Wyoming, as the community’s first local

aural transmission service. Channel

286C can be allotted to Hudson in

compliance with the Commission’s

minimum distance separation

requirements at city reference

coordinates. The coordinates for

Channel 286C at Hudson are North

Latitude 42–54–24 and West Longitude

108–35–00.

DATES: Comments must be filed on or

before August 17, 1998, and reply

comments on or before September 1,

1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: A. Wray Fitch, III, Esq.,

Gammon & Grange, P.C., 8280

Greensboro Drive, McLean, Virginia

22102–3807 (Counsel for Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–97, adopted June 17, 1998, and

released June 26, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–17555 Filed 7–1–98; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–99; RM–9283]

Radio Broadcasting Services;

Shoshoni, WY

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Windy

Valley Broadcasting proposing the

allotment of Channel 290C at Shoshoni,

Wyoming, as the community’s first local

aural transmission service. Channel

290C can be allotted to Shoshoni in

compliance with the Commission’s

minimum distance separation

requirements at city reference

coordinates. The coordinates for

Channel 290C at Shoshoni are North

Latitude 43–14–06 and West Longitude

108–06–36.

DATES: Comments must be filed on or

before August 17, 1998, and reply

comments on or before September 1,

1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: A. Wray Fitch, III, Esq.,

Gammon & Grange, P.C., 8280

Greensboro Drive, McLean, Virginia

22102–3807 (Counsel for Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

98–99, adopted June 17, 1998, and

released June 26, 1998. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 98–17554 Filed 7–1–98; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 98–101, RM–9289]

Radio Broadcasting Services; Yuma,

CO

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.