Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules 38349

for the 1998–99 and subsequent fiscal

periods from $0.0035 per 4⁄5 bushel

carton to $0.00385 per 4⁄5 bushel carton

handled. The Committee unanimously

recommended 1998–99 expenditures of

$242,275 and an assessment rate of

$0.00385 per 4⁄5 bushel carton. The

proposed assessment rate of $0.00385

per 4⁄5 bushel carton is $0.00035 higher

than the 1997–98 rate. The quantity of

assessable citrus for the 1998–99 season

is estimated at 61,500,000. Thus, the

$0.00385 rate should provide $236,775

in assessment income. Income derived

from handler assessments, along with

interest income and funds from the

Committee’s authorized reserve, would

be adequate to meet this year’s

expenses.

The Committee estimates a reduced

amount of fresh shipments of Florida

citrus for the 1998–99 season. They

unanimously recommended 1998–99

expenditures of $242,275 which

included increases in staff salaries and

benefits, and equipment rental. Due to

the anticipated reduction of fresh

shipments, the Committee voted to

increase the assessment rate to generate

the funds necessary to meet the

Committee’s operating expenses and

maintain an adequate operating reserve.

The Committee’s authorized reserve

(approximately one-half of one fiscal

period’s expenses) is currently

$109,371. The revenue from

assessments, along with interest income

and funds from the Committee’s

authorized reserve, would be adequate

to cover budgeted expenses.

The Committee reviewed and

unanimously recommended 1998–99

expenditures of $242,275 which

included increases in staff salaries and

benefits, and equipment rental. Prior to

arriving at this budget, the Committee

considered information from various

sources, such as the Committee’s Budget

Sub-Committee. Alternative expenditure

levels were discussed. However, it was

determined that the increases in

salaries, benefits, and equipment were

needed and justified. The assessment

rate of $0.00385 per 4⁄5 bushel carton of

assessable Florida citrus was then

determined by dividing the total

recommended budget by the quantity of

assessable citrus, estimated at

61,500,000 4⁄5 bushel cartons for the

1998–99 fiscal period. This is

approximately $5,500 below the

anticipated expenses. Assessment

income, along with interest income and

funds from the Committee’s authorized

reserve, would be adequate to cover

budgeted expenses, which the

Committee determined to be acceptable.

There are several varieties of citrus

regulated under the order. In the 1997–

98 season, the f.o.b. price ranged from

around $5.83 to $6.71 for oranges, from

around $5.26 to $6.31 for grapefruit, and

from around $7.17 to $20.39 for

speciality citrus. Depending on the

volume and variety produced by the

individual grower, the price for Florida

citrus during the 1998–99 season is

expected to range between $5.26 and

$20.39 per 4⁄5 bushel carton. Therefore,

the estimated assessment revenue for

the 1998–99 fiscal period as a

percentage of total grower revenue

could range between 0.02 and 0.07

percent.

This action would increase 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 marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the Florida citrus

industry and all interested persons were

invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the May 22, 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

Florida citrus 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 30-day comment period is provided

to allow interested persons to respond

to this proposed rule. Thirty 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 August

1, 1998, and the marketing order

requires that the rate of assessment for

each fiscal period apply to all assessable

citrus handled during such fiscal

period; and (3) handlers are aware of

this action which was unanimously

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 905

Grapefruit, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 905 is proposed to

be amended as follows:

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES, AND TANGELOS

GROWN IN FLORIDA

1. The authority citation for 7 CFR

part 905 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 905.235 is proposed to be

revised to read as follows:

§ 905.235 Assessment rate.

On and after August 1, 1998, an

assessment rate of $0.00385 per 4/5

bushel carton is established for

assessable Florida citrus covered under

the order.

Dated: July 10, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–18913 Filed 7–15–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 924

[Docket No. FV98–924–1 PR]

Fresh Prunes Grown in Designated

Counties in Washington and Umatilla

County, Oregon; Increased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This rule would increase the

assessment rate established for the

Washington-Oregon Fresh Prune

Marketing Committee (Committee)

under Marketing Order No. 924 for the

1998–99 and subsequent fiscal periods

from $0.75 to $1.00 per ton of fresh

prunes handled. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of fresh prunes grown in

designated counties in Washington and

Umatilla County, Oregon. Authorization

to assess fresh prune handlers enables

the Committee to incur expenses that

are reasonable and necessary to

administer the program. The 1998–99

fiscal period began April 1 and ends
38350 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules

March 31. The assessment rate would

remain in effect indefinitely unless

modified, suspended, or terminated.

DATES: Comments must be received by

August 17, 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:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, Room 369, Portland,

OR 97204; telephone: (503) 326–2724,

Fax: (503) 326–7440 or George J.

Kelhart, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 690–

3919, 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. 927, both as amended (7

CFR part 924), regulating the handling

of fresh prunes grown in designated

counties in Washington and Umatilla

County, Oregon 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 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 marketing order now

in effect, fresh prune handlers are

subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as proposed herein

would be applicable to all assessable

fresh prunes beginning April 1, 1998,

and continue until modified,

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 increase the

assessment rate established for the

Committee for the 1998–99 and

subsequent fiscal periods from $0.75 to

$1.00 per ton of fresh prunes 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 and three handler

members, 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 1997–98 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate of $0.75 per ton 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 met on June 3, 1998,

and unanimously recommended 1998–

99 expenditures of $7,003 and an

assessment rate of $1.00 per ton of fresh

prunes handled during the 1998–99 and

subsequent fiscal periods. In

comparison, last year’s budgeted

expenditures were $7,233. The

assessment rate of $1.00 is $0.25 more

than the rate currently in effect. The

Committee recommended an increased

assessment rate because the current rate

would not generate enough income to

adequately administer the program. The

Committee decided that an assessment

rate of more than $1.00 would generate

income in excess of that needed to

adequately administer the program.

Major expenses recommended by the

Committee for the 1998–99 fiscal period

include $2,880 for manager salary,

$1,000 for travel, $528 for rent and

maintenance, and $475 for audit.

Budgeted expenses for these items in

1997–98 were $2,880, $1,000, $440, and

$465, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of fresh prunes. Fresh prune

shipments for the year are estimated at

4,800 tons, which should provide

$4,800 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 $6,709) would be kept

within the maximum permitted by the

order of approximately one fiscal

period’s operational expenses (§ 924.42).

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. 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. The Committee’s 1998–99

budget and those for subsequent fiscal

periods would 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

this rule would have on small entities.

Accordingly, AMS has prepared this

initial regulatory flexibility analysis.
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 / Proposed Rules 38351

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 350

producers of fresh prunes in the

production area and approximately 30

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 fresh

prune producers and handlers may be

classified as small entities.

This rule would increase the

assessment rate established for the

Committee for the 1998–99 and

subsequent fiscal periods from $0.75 to

$1.00 per ton of fresh prunes handled.

The Committee met on June 3, 1998,

and unanimously recommended 1998–

99 expenditures of $7,003 and an

assessment rate of $1.00 per ton of fresh

prunes handled. In comparison, last

year’s budgeted expenditures were

$7,233. The assessment rate of $1.00 is

$0.25 more than the rate currently in

effect. The Committee recommended an

increased assessment rate because the

current rate would not generate enough

income to adequately administer the

program. The Committee decided that

an assessment rate of more than $1.00

would generate income in excess of that

needed to adequately administer the

program.

Major expenses recommended by the

Committee for the 1998–99 fiscal period

include $2,880 for manager salary,

$1,000 for travel, $528 for rent and

maintenance, and $475 for audit.

Budgeted expenses for these items in

1997–98 were $2,880, $1,000, $440, and

$465, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of fresh prunes. Fresh prune

shipments for the year are estimated at

4,800 tons, which should provide

$4,800 in assessment income. Income

derived from handler assessments, along

with funds from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses. The reserve is

within the maximum permitted by the

order of approximately one fiscal

period’s operational expenses (§ 924.42).

Recent price information indicates

that the grower price for the 1998–99

marketing season will range between

$200 and $500 per ton of fresh prunes

handled. Therefore, the estimated

assessment revenue for the 1998–99

fiscal period as a percentage of total

grower revenue will range between 0.20

and 0.50 percent.

This action would increase 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 marketing order. In addition, the

Committee’s meeting was widely

publicized throughout the fresh prune

industry and all interested persons were

invited to attend the meeting and

participate in Committee deliberations

on all issues. Like all Committee

meetings, the June 3, 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

winter pear 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 30-day comment period is provided

to allow interested persons the

opportunity to respond to this request

for information and comments. Thirty

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 began on April 1,

1998, and the order requires that the

rate of assessment for each fiscal period

apply to all assessable fresh prunes

handled during such fiscal period; (3)

handlers are aware of this action which

was unanimously 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 924

Marketing agreements, Plums, Prunes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 924 is proposed to

be amended as follows:

PART 924—FRESH PRUNES GROWN

IN DESIGNATED COUNTIES IN

WASHINGTON AND UMATILLA

COUNTY, OREGON

1. The authority citation for 7 CFR

part 924 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 924.236 [Amended]

2. Section 924.236 is proposed to be

amended by removing the words ‘‘April

1, 1997,’’ and adding in their place the

words ‘‘April 1, 1998,’’ and by removing

‘‘$0.75’’ and adding in its place ‘‘$1.00.’’

Dated: July 10, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–18999 Filed 7–15–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–CE–58–AD]

RIN 2120–AA64

Airworthiness Directives; SOCATAGroupe Aerospatiale Model TBM 700

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes to

adopt a new airworthiness directive

(AD) that would apply to certain

SOCATA-Groupe Aerospatiale

(SOCATA) Model TBM 700 airplanes.

The proposed AD would require

modifying the oxygen generators. The

proposed AD is the result of mandatory

continuing airworthiness information

(MCAI) issued by the airworthiness

authority for France. The actions

specified by the proposed AD are

intended to prevent failure of the

oxygen generators, which could result

in crew incapacitation and loss of the

airplane.

DATES: Comments must be received on

or before August 20, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation