38282 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

all handlers, and some of the costs may

be passed on to producers. However,

decreasing the assessment rate reduces

the burden on handlers and may reduce

the burden on producers. In addition,

the Committee’s meeting was widely

publicized throughout the fresh Bartlett

pear 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 28, 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 action will not impose any

additional reporting or recordkeeping

requirements on either small or large

fresh Bartlett 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. After consideration of all relevant

matter 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 upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) This action reduces the

current assessment rate for fresh Bartlett

pears; (2) the 1998–99 fiscal period

began on July 1, 1998, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable fresh Bartlett pears

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; and (4) this interim

final rule provides a 60-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 931

Marketing agreements, Pears,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 931 is amended as

follows:

PART 931—FRESH BARTLETT PEARS

GROWN IN OREGON AND

WASHINGTON

1. The authority citation for 7 CFR

part 931 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 931.231 [Amended]

2. Section 931.231 is amended by

removing the words ‘‘July 1, 1997,’’ and

adding in their place the words ‘‘July 1,

1998,’’ and by removing ‘‘$0.03’’ and

adding in its place ‘‘$0.02.’’

Dated: July 10, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–19000 Filed 7–15–98; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[Docket No. FV98–948–1 IFR]

Irish Potatoes Grown in Colorado;

Decreased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the Colorado Potato

Administrative Committee, San Luis

Valley Office (Area II) (Committee)

under Marketing Order No. 948 for the

1998–99 and subsequent fiscal periods

from $0.0030 to $0.0015 per

hundredweight of potatoes handled.

The Committee is responsible for local

administration of the marketing order

which regulates the handling of Irish

potatoes grown in Colorado.

Authorization to assess potato handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The 1998–99 fiscal period begins

September 1 and ends August 31. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

DATES: Effective July 17, 1998.

Comments received by September 14,

1998, will be considered prior to

issuance of a final rule.

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:

Dennis L. West, 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) 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. 97 and Order No. 948, both as

amended (7 CFR part 948), regulating

the handling of Irish potatoes grown in

Colorado 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, Colorado potato 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 potatoes

beginning September 1, 1998, and

continuing until modified, 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.
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38283

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 $0.0030 to $0.0015 per

hundredweight of potatoes handled.

The Colorado potato marketing 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

members of the Committee are

producers and handlers of Colorado

Area II potatoes. They are 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 assessment rate is

formulated and discussed in a public

meeting. Thus, all directly affected

persons have an opportunity to

participate and provide input.

In Colorado, both a State and a

Federal marketing order operate

simultaneously. The State order

authorizes promotion, including paid

advertising, which the Federal order

does not. All expenses in this category

are financed under the State order. The

jointly operated programs consume

about equal administrative time and the

two orders continue to split

administrative costs equally.

For the 1996–97 and subsequent fiscal

periods, the Committee recommended,

and the Department approved, an

assessment rate 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 May 21, 1998,

and recommended, by a nine to one

vote, 1998–99 expenditures of $66,895

and an assessment rate of $0.0015 per

hundredweight of potatoes. The

Committee member voting no objected

to the amount being budgeted for the

executive director’s salary, but had no

problem with the total amount budgeted

or the reduction in the assessment rate.

In comparison, last year’s budgeted

expenditures were $63,329. The

assessment rate of $0.0015 is $0.0015

less than the rate currently in effect. The

Committee voted to lower the

assessment rate and use some of the

funds in its operating reserve in order to

bring the reserve closer to the amount it

believes necessary to administer the

program. The decrease would reduce

the financial burden on handlers as

prices for San Luis Valley potatoes have

been extremely low the past two

seasons. Over production of the 1996

fall crop and unusually cold weather

during the 1997 fall crop growing

season resulted in major financial

disasters within the San Luis Valley

potato industry. The Committee

discussed various assessment rates, but

decided that an assessment rate of less

than $0.0015 would not generate the

income necessary to administer the

program with an adequate reserve.

Major expenses recommended by the

Committee for the 1998–99 fiscal period

include $37,210 for salaries, $10,850 for

office expenses, which include

telephone, supplies, and postage, and

$5,250 for building maintenance, which

includes insurance and utilities.

Budgeted expenses for these items in

1997–98 were $35,579, $9,500, and

$5,250, respectively.

The assessment rate recommended by

the Committee was derived by dividing

anticipated expenses by expected

shipments of Colorado Area II potatoes.

Potato shipments for the year are

estimated at 16,500,000 hundredweight

which should provide $24,750 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

($124,903 as of September 1, 1997) will

be kept within the maximum permitted

by the order (less than approximately

two fiscal periods’ expenses; § 948.78).

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 is

effective 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. 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. The

Committee’s 1998–99 budget and those

for subsequent fiscal periods will 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 of

this action on small entities.

Accordingly, 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 285

producers of Colorado Area II potatoes

in the production area and

approximately 100 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 Colorado Area II potato

producers and handlers may be

classified as small entities.

The rule decreases the assessment rate

established for the Committee and

collected from handlers for the 1998–99

and subsequent fiscal periods from

$0.0030 to $0.0015 per hundredweight

of potatoes handled. The Committee by

a nine to one vote recommended 1998–

99 expenditures of $66,895 and an

assessment rate of $0.0015 per

hundredweight of potatoes handled.

The Committee member voting no

objected to the amount being budgeted

for the executive director’s salary but
38284 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

had no problem with the total amount

budgeted or the reduction in the

assessment rate. In comparison, last

year’s budgeted expenditures were

$63,329. The assessment rate of $0.0015

is $0.0015 less than the rate currently in

effect. The Committee voted to lower

the assessment rate and use some of the

funds in its operating reserve in order to

bring the reserve closer to the amount it

believes necessary to administer the

program. The decrease would reduce

the financial burden on handlers as

prices for San Luis Valley potatoes have

been extremely low the past two

seasons. Overproduction of the 1996 fall

crop and unusually cold weather during

the 1997 fall crop growing season

resulted in major financial disasters

within the San Luis Valley potato

industry. The Committee discussed

various assessment rates, but decided

that an assessment rate of less than

$0.0015 would not generate the income

necessary to administer the program

with an adequate reserve.

Major expenses recommended by the

Committee for the 1998–99 fiscal period

include $37,210 for salaries, $10,850 for

office expenses, which include

telephone, supplies, and postage, and

$5,250 for building maintenance which

includes insurance and utilities.

Budgeted expenses for these items in

1997–98 were $35,579, $9,500, and

$5,250, respectively.

With Colorado Area II potato

shipments for 1998–99 estimated at

16,500,000 hundredweight, the $0.0015

rate of assessment should provide

$24,750 in assessment income. Income

derived from handlers assessments,

along with funds from the Committee’s

authorized reserve, will be adequate to

cover budgeted expenses. Funds in the

reserve ($124,903 as of September 1,

1997) will be kept within the maximum

permitted by the order (less than

approximately two fiscal periods’

expenses; § 948.78).

Recent price information indicates

that the grower price for the 1998–99

marketing season will range between

$1.60 and $6.15 per hundredweight of

Colorado potatoes. Therefore, the

estimated assessment revenue for the

1998–99 fiscal period as a percentage of

total grower revenue will range between

0.0900 and 0.0243 percent.

This action decreases the assessment

obligation imposed on handlers.

Assessments are applied uniformly on

all handlers, and some of the costs may

be passed on to producers. However,

decreasing the assessment rate reduces

the burden on handlers and may reduce

the burden on producers. In addition,

the Committee’s meeting was widely

publicized throughout the Colorado

Area II potato 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

21, 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 action will not impose any

additional reporting or recordkeeping

requirements on either small or large

Colorado Area II potato 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.

After consideration of all relevant

matter 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 upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) This action reduces the

current assessment rate for Colorado

Area II potatoes; (2) the 1998–99 fiscal

period begins on September 1, 1998,

and the marketing order requires that

the rate of assessment for each fiscal

period apply to all assessable Colorado

Area II potatoes handled during such

fiscal period; (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; and (4) this

interim final rule provides a 60-day

comment period, and all comments

timely received will be considered prior

to finalization of this rule.

List of Subjects in 7 CFR Part 948

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 948 is amended as

follows:

PART 948—IRISH POTATOES GROWN

IN COLORADO

1. The authority citation for 7 CFR

part 948 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 948.216 [Amended]

Section 948.216 is amended by

removing the words ‘‘September 1,

1996,’’ and adding in their place the

words ‘‘September 1, 1998,’’ and by

removing ‘‘$0.0030’’ and adding in its

place ‘‘$0.0015.’’

Dated: July 10, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–18998 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–NM–117–AD; Amendment

39–10661; AD 98–15–10]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB SF340A and SAAB 340B Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Saab Model SAAB

SF340A and SAAB 340B series

airplanes, that requires modification of

the detachable center inlet component

of the air intake system of the engine.

This amendment is prompted by

issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by this AD are

intended to prevent fuel and/or oil that

may be present in the nacelle from

entering the air intake system of the

engine, which could result in a possible

engine fire.

DATES: Effective August 20, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 20,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Saab Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linko ̈ping,

Sweden. This information may be

examined at the Federal Aviation