Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations 21273

cherries for exempt uses such as

exports. This will provide the industry

with flexibility to meet market needs in

domestic and export outlets from year to

year which is in the interest of growers

and handlers, whether small or large.

Market development and expansion is

important to the long-term strength of

the industry.

One alternative to this action would

be to continue the status quo. However,

this would not be favorable to cherry

growers and handlers and could delay

the long-term development of export

markets.

This action imposes no additional

reporting or recordkeeping requirements

on either small or large tart cherry

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. In addition, the

Department has not identified any

relevant Federal rules that duplicate,

overlap, or conflict with this rule.

In compliance with Office of

Management and Budget (OMB)

regulations (5 CFR part 1320) which

implement the Paperwork Reduction

Act of 1995 (44 U.S.C. Chapter 35), the

information collection and

recordkeeping requirements imposed by

this order have been previously

approved by OMB and assigned OMB

Number 0581–0177.

The Board’s telephone meeting was

publicized and all Board members and

alternate Board members, representing

both large and small entities, were

invited to attend the meeting and

participate in Board deliberations. The

Board itself is composed of 18 members,

of which 17 members are growers and

handlers and one represents the public.

Also, the Board has a number of

appointed committees to review certain

issues and make recommendations.

Finally, interested persons were

invited to submit information on the

regulatory and informational impacts of

this action on small businesses.

An interim final rule concerning this

action was published in the Federal

Register on January 3, 2001 (66 FR 229).

Copies of the rule were mailed by the

Board’s staff to all Board members and

handlers. In addition, this rule was

made available through the Internet by

the Office of the Federal Register. That

rule provided for a 60-day comment

period which ended March 5, 2001. No

comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following website:

http://www.ams.usda.gov/fv/

moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

After consideration of all relevant

material presented, including the

Board’s recommendation, and other

information, it is found that the word

‘‘normal’’ in § 930.54(a) no longer tends

to effectuate the declared policy of the

Act and should be indefinitely

suspended. Accordingly, this action

finalizes the interim final rule, without

change, as published in the Federal

Register will tend to effectuate the

declared policy of the Act.

List of Subjects in 7 CFR Part 930

Marketing agreements, Reporting and

recordkeeping requirements, Tart

cherries.

PART 930—TART CHERRIES GROWN

IN THE STATES OF MICHIGAN, NEW

YORK, PENNSYLVANIA, OREGON,

UTAH, WASHINGTON, AND

WISCONSIN

Accordingly, the interim final rule

amending 7 CFR part 930 which was

published at 66 FR 229 on January 3,

2001, is adopted as a final rule without

change.

Dated: April 24, 2001.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 01–10661 Filed 4–27–01; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. FV01–930–1 FIR]

Tart Cherries Grown in the States of

Michigan, et al.; Decreased

Assessment Rates

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, without change, an interim

final rule which decreased the

assessment rate for cherries that are

utilized in the production of tart cherry

products other than juice, juice

concentrate, or puree from $0.0017 to

$0.0012 per pound. It also decreased the

assessment rate for cherries utilized for

juice, juice concentrate, or puree from

$0.00085 to $0.0006 per pound. Both

assessment rates were recommended by

the Cherry Industry Administrative

Board (Board) under Marketing Order

No. 930 for the 2000–2001 and

subsequent fiscal periods. The Board is

responsible for local administration of

the marketing order which regulates the

handling of tart cherries grown in the

production area. Authorization to assess

tart cherry handlers enables the Board to

incur expenses that are reasonable and

necessary to administer the program.

The fiscal period began July 1 and ends

June 30. The assessment rates continue

to remain in effect indefinitely unless

modified, suspended, or terminated.

EFFECTIVE DATE: May 30, 2001.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Petrella or Kenneth G.

Johnson, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, Suite

2A04, Unit 155, 4700 River Road,

Riverdale, MD 20737, telephone: (301)

734–5243, Fax: (301) 734–5275; or

George Kelhart, Technical Advisor,

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)

720–5698.

Small businesses may request

information on complying with this

regulation, or obtain a guide on

complying with fruit, vegetable, and

specialty crop marketing agreements

and orders by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 930 (7 CFR part 930),

regulating the handling of tart cherries

grown in the States of Michigan, New

York, Pennsylvania, Oregon, Utah,

Washington, and Wisconsin, 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, tart cherry handlers are subject

to assessments. Funds to administer the

order are derived from such

21274 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations

assessments. It is intended that the

assessment rates as issued herein will be

applicable to all assessable tart cherries

beginning July 1, 2000, 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 continues the interim final

rule which decreased the assessment

rate established for the Board for the

2000–2001 and subsequent fiscal

periods for cherries that are utilized in

the production of tart cherry products

other than juice, juice concentrate, or

puree from $0.0017 to $0.0012 per

pound of cherries. The assessment rate

decrease for cherries utilized for juice,

juice concentrate, or puree from

$0.00085 to $0.0006 per pound also is

continued.

The tart cherry marketing order

provides authority for the Board, 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 Board are producers and

handlers of tart cherries. They are

familiar with the Board’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 rates. The

assessment rates are formulated and

discussed in a public meeting. Thus, all

directly affected persons have an

opportunity to participate and provide

input.

For the 2000–2001 fiscal period, the

Board recommended, and the

Department approved, assessment rates

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 Board or

other information available to the

Secretary.

The Board met on March 2, 2000, and

unanimously recommended, and the

Department approved, 2000–2001

expenditures of $455,000 and

assessment rate decreases from $0.00225

to $0.0017 per pound for cherries that

are utilized in the production of tart

cherry products other than juice, juice

concentrate, or puree and from

$0.001125 to $0.00085 per pound for

cherries utilized for juice, juice

concentrate, or puree.

The Board met again on September 8,

2000, and unanimously recommended a

further decrease in the assessment rates

to $0.0012 per pound for cherries that

are utilized in the production of tart

cherry products other than juice, juice

concentrate, or puree, and to $0.0006

per pound for cherries utilized for juice,

juice concentrate, or puree. Further

decreased assessment rates have been

recommended by the Board because the

cherry industry has experienced record

high crops for the past two seasons and

again this season. In addition, the Board

wants to further reduce handler costs

while maintaining a monetary reserve

which is adequate to cover

approximately six months’ operational

expenses (based on an annual operating

budget of approximately $455,000).

Section 930.42(a) of the order authorizes

a reserve sufficient to cover one year’s

operating expenses. The decreased rates

are expected to generate enough income

to meet the Board’s reduced operating

expenses in 2000–2001.

The order provides that when an

assessment rate based on the number of

pounds of tart cherries handled is

established, it should provide for

differences in relative market values for

various cherry products. The discussion

of this provision in the order’s

promulgation record indicates that

proponents testified that cherries

utilized in high value products such as

frozen, canned, or dried cherries should

be assessed one rate while cherries used

to make low value products such as

juice concentrate or puree should be

assessed at one-half that rate.

Data from the National Agricultural

Statistics Service (NASS) states that for

1999, tart cherry utilization for juice,

wine, or brined uses was 34.5 million

pounds for all districts covered under

the order. The total processed amount of

tart cherries for 1999 was 252.3 million

pounds. Juice, wine, and brined tart

cherries represented less than 14

percent of the total processed crop, and

about 10 percent over the last three

seasons (1996 through 1998).

In deriving the recommended

assessment rates, the Board determined

assessable tart cherry production for the

crop year at 280 million pounds. It

further estimated that about 265 million

pounds of the assessable poundage

would be utilized in the production of

high-valued products, like frozen,

canned, or dried cherries, and that about

15 million pounds would be utilized in

the production of low-valued products,

like juice, juice concentrate, or puree.

Potential assessment income from the

high valued products would be

approximately $318,000 (265 million

pounds × $0.0012 per pound). The

potential income from tart cherries

utilized for juice, juice concentrate, or

puree would be $9,000 (15 million

pounds × $0.0006 per pound).

Therefore, total assessment income for

2000–2001 is estimated at $327,000.

This amount plus funds in the reserve

and interest income will be adequate to

cover budgeted expenses. Funds in the

reserve (approximately $374,000) will

be kept within the approximately six

months’ operating expenses as

recommended by the Board which

would be consistent with the order (7

CFR 930.42(a)).

The assessment rates will continue in

effect indefinitely unless modified,

suspended, or terminated by the

Secretary upon recommendation and

information submitted by the Board or

other available information.

Although the assessment rates are

effective for an indefinite period, the

Board 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 rates. The dates and

times of Board meetings are available

from the Board or the Department.

Board meetings are open to the public

and interested persons may express

their views at these meetings. The

Department will evaluate Board

recommendations and other available

information to determine whether

modifications of the assessment rates

are needed. Further rulemaking will be

undertaken as necessary. The Board’s

2000–2001 budget and those for

subsequent fiscal periods will be

reviewed and, as appropriate, approved

by the Department.

The Regulatory Flexibility Act and

Effects on Small Businesses

The Agricultural Marketing Service

(AMS) has considered the economic

impact of this action on small entities

and has prepared this final regulatory

flexibility analysis. The Regulatory

Flexibility Act (RFA) allows AMS to

certify that regulations do not have a

Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations 21275

significant economic impact on a

substantial number of small entities.

However, as a matter of general policy,

AMS’ Fruit and Vegetable Programs

(Programs) no longer opts for such

certification, but rather performs

regulatory flexibility analyses for any

rulemaking that would generate the

interest of a significant number of small

entities. Performing such analyses shifts

the Programs’ efforts from determining

whether regulatory flexibility analyses

are required to the consideration of

regulatory options and economic or

regulatory impacts.

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 40 handlers

of tart cherries who are subject to

regulation under the order and

approximately 900 producers of tart

cherries in the regulated area. Small

agricultural service firms have been

defined by the Small Business

Administration (13 CFR 121.201) as

those having annual receipts less than

$5,000,000, and small agricultural

producers are those whose annual

receipts are less than $500,000. The

majority of tart cherry handlers and

producers may be classified as small

entities.

The Board unanimously

recommended, and the Department

approved, 2000–2001 expenditures of

$455,000 and assessment rate decreases

from $0.00225 to $0.0017 per pound for

cherries that are utilized in the

production of tart cherry products other

than juice, juice concentrate or puree

and from $0.001125 to $0.0085 per

pound for cherries utilized for juice,

juice concentrate, or puree.

This rule continues the interim final

rule which further decreased the

assessment rate established for the

Board and collected from handlers for

the 2000–2001 and subsequent fiscal

periods for cherries that are utilized in

the production of tart cherry products

other than juice, juice concentrate, or

puree from $0.0017 to $0.0012 per

pound, and the assessment rate for

cherries utilized for juice, juice

concentrate, or puree from $0.00125 to

$0.0006 per pound. The Board

unanimously recommended 2000–2001

expenditures of $455,000 and the

further reduced assessment rates. The

quantity of assessable tart cherries

expected to be produced during the

2000–2001 crop year is estimated at 280

million pounds. Assessment income,

based on this crop, along with interest

income and reserves should be adequate

to cover budgeted expenses.

The Executive Committee of the

Board, after discussing the budget and

assessment rates in executive session,

recommended the continuation of the

current rates. It concluded that it was

prudent for the Board to have an

operating reserve of approximately one

year’s operating expenses.

However, after considerable

discussion, the Board concluded it

should further reduce handlers’

assessment costs and that the reserve

should not exceed one-half year’s

budget amount. Also, the cherry

industry has experienced record large

crops for the past two seasons, and

again this season. The Board discussed

the alternative of continuing the existing

assessment rates, but concluded that

would cause the amount in the

operating reserve to exceed what is

actually needed.

After the discussion, the Board voted

unanimously to further decrease the

assessment rates. In deriving the

recommended assessment rates, the

Board estimated assessable tart cherry

production for the crop year at 280

million pounds. It further estimated that

about 265 million pounds of the

assessable poundage would be utilized

in the production of high-valued

products, like frozen, canned, or dried

cherries, and that about 15 million

pounds would be utilized in the

production of low-valued products, like

juice, juice concentrate, or puree.

Potential assessment income from the

high valued products would be

approximately $318,000 (265 million

pounds × $0.0012 per pound). The

potential income from the tart cherries

utilized for juice, juice concentrate, or

puree would be $9,000 (15 million

pounds × $0.0006 per pound).

Therefore, total assessment income for

2000–2001 is estimated at $327,000.

This amount plus funds in the reserve

and interest income should be adequate

to cover budgeted expenses. Funds in

the reserve (approximately $374,000)

will be kept within the approximately

six months’ operational expenses as

recommended by the Board which

would be consistent with the order (7

CFR 930.42(a)).

This action continues the interim

final rule which decreased 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, the assessment rate

decreases reduce the burden on

handlers, and may reduce the burden on

producers. In addition, the Board’s

meeting was widely publicized

throughout the tart cherry industry and

all interested persons were invited to

attend the meeting and participate in

Board deliberations on all issues. Like

all Board meetings, the September 8,

2000, 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 imposes no additional

reporting or recordkeeping requirements

on either small or large tart cherry

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.

An interim final rule concerning this

action was published in the Federal

Register on January 3, 2001 (66 FR 232).

Copies of the rule were mailed by the

Board’s staff to all Board members and

handlers. In addition, this rule was

made available through the Internet by

the Office of the Federal Register. That

rule provided for a 60-day comment

period which ended March 5, 2001. No

comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at: http://www.ams.usda.gov/

fv/moab/html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

After consideration of all relevant

material presented, including the

Board’s recommendation, and other

information, it is found that finalizing

the interim final rule, without change,

as published in the Federal Register

will tend to effectuate the declared

policy of the Act.

List of Subjects in 7 CFR Part 930

Marketing agreements, Reporting and

recordkeeping requirements, Tart

cherries.

21276 Federal Register / Vol. 66, No. 83 / Monday, April 30, 2001 / Rules and Regulations

PART 930—TART CHERRIES GROWN

IN THE STATES OF MICHIGAN, NEW

YORK, PENNSYLVANIA, OREGON,

UTAH, WASHINGTON, AND

WISCONSIN

Accordingly, the interim final rule

amending 7 CFR part 930 which was

published at 66 FR 232 on January 3,

2001, is adopted as a final rule without

change.

Dated: April 24, 2001.

Kenneth C. Clayton,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 01–10663 Filed 4–27–01; 8:45 am]

BILLING CODE 3410–02–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–NM–45–AD; Amendment

39–12209; AD 2001–09–04]

RIN 2120–AA64

Airworthiness Directives; Dornier

Model 328–300 Series Airplanes

Equipped with Motive Flow Check

Valves Having Part Number 106–0007–

01

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Dornier Model

328–300 series airplanes. This action

requires repetitive inspections of motive

flow check valves and adjacent parts for

fuel leaks, and replacement of the

valves, if leaks are detected. This action

is necessary to prevent leakage of fuel

from the motive flow check valves,

which could result in fuel vapors

coming into contact with fuel ignition

sources. This action is intended to

address the identified unsafe condition.

DATES: Effective May 15, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 15,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

May 30, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2001–NM–

45–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays. Comments may be

submitted via fax to (425) 227–1232.

Comments may also be sent via the

Internet using the following address: 9-

anm-iarcomment@faa.gov. Comments

sent via fax or the Internet must contain

‘‘Docket No. 2001–NM–45–AD’’ in the

subject line and need not be submitted

in triplicate. Comments sent via the

Internet as attached electronic files must

be formatted in Microsoft Word 97 for

Windows or ASCII text.

The service information referenced in

this AD may be obtained from Fairchild

Dornier, Dornier Luftfahrt GmbH, P.O.

Box 1103, D–82230 Wessling, Germany.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan

Rodina, Aerospace Engineer,

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2125;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: The

Luftfahrt-Bundesamt (LBA), which is

the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition may exist on certain

Dornier Model 328–300 series airplanes.

The LBA advises that three incidents

have been reported of cracks on the

motive flow check valves, which have

resulted in leakage of fuel. The cause of

the cracking is not yet known. This

condition, if not corrected, could result

in fuel vapors coming into contact with

fuel ignition sources.

Explanation of Relevant Service

Information

Dornier has issued Alert Service

Bulletin ASB 328J–28–007, dated

September 20, 2000, which describes

procedures for an initial general visual

inspection of the lower inboard leading

edge/pylon area and the pylon drain

tube for signs of fuel droplets or fuel

staining. The alert service bulletin also

describes procedures for repetitive

general visual inspections around the

motive flow check valve for fuel leaks,

and replacement of the valves with new

valves, if leaks are detected. The LBA

classified this service bulletin as

mandatory and issued German

airworthiness directive 2001–058, dated

March 8, 2001, in order to assure the

continued airworthiness of these

airplanes in Germany.

FAA’s Conclusions

This airplane model is manufactured

in Germany and is type certificated for

operation in the United States under the

provisions of § 21.29 of the Federal

Aviation Regulations (14 CFR 21.29)

and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the LBA has kept the FAA informed of

the situation described above. The FAA

has examined the findings of the LBA,

reviewed all available information, and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of Requirements of Rule

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design registered in the United

States, this AD is being issued to

prevent leakage of fuel from the motive

flow check valves, which could result in

fuel vapors coming into contact with

fuel ignition sources. This AD requires

accomplishment of the actions specified

in the service bulletin described

previously.

Interim Action

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.

Determination of Rule’s Effective Date

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications shall identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that