This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

53737 

Vol. 70, No. 175 

Monday, September 12, 2005 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. FV05–987–1 PR] 

Domestic Dates Produced or Packed in 

Riverside County, CA; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule would increase the 

assessment rate established for the 

California Date Administrative 

Committee (committee) for the 2005–06 

and subsequent crop years from $0.85 to 

$0.95 per hundredweight of dates 

handled. The committee locally 

administers the marketing order which 

regulates the handling of dates 

produced or packed in Riverside 

County, California. Assessments upon 

date handlers are used by the committee 

to fund reasonable and necessary 

expenses of the program. The committee 

recommended increasing the assessment 

rate because additional revenues are 

needed to fund program operations and 

build up its financial reserve to a more 

satisfactory level. The crop year begins 

October 1 and ends September 30. The 

assessment rate would remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Comments must be received by 

October 12, 2005. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938, or E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. 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, or can be viewed at: 

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

FOR FURTHER INFORMATION CONTACT: Toni 

Sasselli, Program Analyst, or Terry 

Vawter, Marketing Specialist, California 

Marketing Field Office, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (559) 487–5901, Fax: (559) 

487–5906; or George Kelhart, Technical 

Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Marketing Order No. 987, both as 

amended (7 CFR part 987), regulating 

the handling of domestic dates 

produced or packed in Riverside 

County, California, 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 

(USDA) 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, California date 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 

dates beginning on October 1, 2005, and 

continue until amended, 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 USDA 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 USDA 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 USDA’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 2005–06 and 

subsequent crop years from $0.85 to 

$0.95 per hundredweight of assessable 

dates handled. 

The California date marketing order 

provides authority for the committee, 

with the approval of USDA, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. The members 

of the committee are producers and 

producer-handlers of California dates. 

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 at a public meeting. 

Therefore, all directly affected persons 

have an opportunity to participate and 

provide input. 

For the 2004–05 and subsequent crop 

years, the committee recommended, and 

USDA approved, an assessment rate that 

would continue in effect from crop year 

to crop year unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the committee or other 

information available to USDA. 

The committee met on June 16, 2005, 

and unanimously recommended 2005– 

06 crop year expenditures of $169,197 

and an assessment rate of $0.95 per 

hundredweight of dates handled. In 

comparison, last year’s budgeted 

53738 Federal Register / Vol. 70, No. 175 / Monday, September 12, 2005 / Proposed Rules 

expenditures were $223,000. The 

recommended assessment rate of $0.95 

is $0.10 higher than the rate currently in 

effect. The increase in the assessment 

rate is needed to fund the committee’s 

budget and maintain an acceptable 

operating reserve. 

Proceeds from sales of cull dates are 

deposited in a surplus account for 

subsequent use by the committee in 

covering the surplus pool share of the 

committee’s expenses. Handlers may 

also dispose of cull dates of their own 

production within their own livestockfeeding operation; otherwise, such cull 

dates must be shipped or delivered to 

the committee for sale to non-human 

food product outlets. Pursuant to 

§ 987.72(b), the committee is authorized 

to temporarily use funds derived from 

assessments to defray expenses incurred 

in disposing of surplus dates. All such 

expenses are required to be deducted 

from proceeds obtained by the 

committee from the disposal of surplus 

dates. For the 2005–06 crop year, the 

committee estimated that $2,000 from 

the surplus account would be needed to 

refund assessments used in paying 

committee expenses incurred in 

disposing of surplus dates. 

The budgeted administrative expenses 

for the 2005–06 crop year include 

$85,697 for labor and office expenses. 

This compares to $90,427 in labor and 

office expenses in 2004–05. In addition, 

$70,000 has been budgeted for 

marketing and promotion under the 

program for the 2005–06 crop year. This 

compares to $112,499 in budgeted 

marketing and promotion expenses for 

the 2004–05 crop year. A total of 

$14,303 is budgeted as a contingency 

reserve for 2005–06 to build up its 

financial reserve. The committee did not 

include a contingency reserve in last 

year’s budget. The committee also 

proposed that $10,000 be included in its 

2005–2006 budget for an economic 

analysis of its promotion activities. Last 

year’s budget did not include funds for 

this purpose. 

The assessment rate of $0.95 per 

hundredweight of assessable dates was 

derived by applying the following 

formula where: 

A = 2004–05 reserve on 10/1/05 

($1,000). 

B = 2005–06 reserve on 9/30/06 

($14,303). 

C = 2005–06 expenses ($169,197). 

D = Cull Surplus Fund ($2,000). 

E = 2005–06 expected shipments 

(190,000 hundredweight). (B ¥ A + C ¥ 

D) ÷ E = $0.95 per hundredweight. 

Estimated shipments should provide 

$180,500 in assessment income. Income 

derived from handler assessments and 

$2,000 from the cull surplus fund would 

be adequate to cover budgeted expenses. 

Funds in the reserve are expected to 

total about $14,303 by September 30, 

2006, and therefore would be less than 

the maximum permitted by the order 

(not to exceed 50 percent of the average 

of expenses incurred during the most 

recent five preceding crop years as 

required under § 987.72(c)). 

The proposed assessment rate would 

continue in effect indefinitely unless 

modified, suspended, or terminated by 

USDA 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 crop year 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 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA 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 2005–06 budget and those 

for subsequent crop years would be 

reviewed and, as appropriate, approved 

by USDA. 

Initial Regulatory Flexibility Analysis 

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, 

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 124 

producers of dates in the production 

area and approximately 10 handlers 

subject to regulation under the 

marketing order. The Small Business 

Administration (13 CFR 121.201) 

defines small agricultural producers as 

those having annual receipts of less than 

$750,000, and small agricultural service 

firms are defined as those having annual 

receipts of less than $6,000,000. 

An industry profile shows that four of 

the 10 handlers (40 percent) had date 

sales over $6,000,000 and could be 

considered large handlers by the Small 

Business Administration. Six of the 10 

handlers (60 percent) had date sales of 

less than $6,000,000 and could be 

considered small handlers. An 

estimated 7 producers, or less than 6 

percent, of the 124 total producers, 

would be considered large producers 

with annual incomes over $750,000. 

The remaining the producers have 

incomes less than $750,000. The 

majority of handlers and producers of 

California dates may be classified as 

small entities. 

This rule would increase the 

assessment rate established for the 

committee and collected from handlers 

for the 2005–06 and subsequent crop 

years from $0.85 to $0.95 per 

hundredweight of assessable dates 

handled. The committee unanimously 

recommended 2005–06 expenditures of 

$169,197 and the $0.95 per 

hundredweight assessment rate at its 

meeting on June 16, 2005. The proposed 

assessment rate of $0.95 is $0.10 higher 

than the rate currently in effect. The 

quantity of assessable dates for the 

2005–06 crop year is estimated at 

190,000 hundredweight. Thus, the $0.95 

per hundredweight rate should provide 

$180,500 in assessment income. This, 

along with approximately $2,000 from 

the surplus account, would be adequate 

to meet the committee’s 2005–06 crop 

year expenses and to augment its 

financial reserve. 

The budgeted administrative expenses 

for the 2005–06 crop year include 

$85,697, for labor and office expenses. 

This compares to $90,427 in labor and 

office expenses in 2004–05. In addition, 

$70,000 has been budgeted for 

marketing and promotion under the 

program for the 2005–06 crop year. This 

compares to $112,499 in budgeted 

marketing and promotion expenses for 

the 2004–05 crop year. A total of 

$14,303 is budgeted to be carried over 

as a financial reserve for 2005–06. The 

committee also proposed that $10,000 

be included in the budget for an 

economic analysis of its promotion 

program for the 2005–06 crop year, as 

required by USDA. 

The committee reviewed and 

unanimously recommended 2005–06 

expenditures of $169,197 which include 

marketing and promotion programs. 

Prior to arriving at this budget, the 

committee considered alternative 

expenditure levels and alternative 

assessment levels. The committee 

agreed that the increased assessment 

rate was appropriate to cover expenses 

and build up its operating reserve to a 

Federal Register / Vol. 70, No. 175 / Monday, September 12, 2005 / Proposed Rules 53739 

satisfactory level ($14,303). The 

assessment rate of $0.95 per 

hundredweight of assessable dates was 

then determined by applying the 

following formula where: 

A = 2004–05 reserve on 10/1/05 

($1,000). 

B = 2005–06 reserve on 9/30/06 

($14,303). 

C = 2005–06 expenses ($169,197). 

D = Cull Surplus Fund ($2,000). 

E = 2005–06 expected shipments 

(190,000 hundredweight). (B ¥ A + C ¥ 

D) E ÷ $0.95 per hundredweight. 

Estimated shipments should provide 

$180,500 in assessment income. Income 

derived from handler assessments and 

$2,000 from the cull surplus fund would 

be adequate to cover budgeted expenses. 

Funds in the administrative reserve are 

expected to total about $14,303 by 

September 30, 2006, and therefore 

would be less than the maximum 

permitted by the order (not to exceed 50 

percent of the average of expenses 

incurred during the most recent five 

preceding crop years as required under 

§ 987.72(c)). 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the grower price for the 2005–06 season 

could range between $45 and $50 per 

hundredweight of dates. Therefore, the 

estimated assessment revenue for the 

2005–06 crop year as a percentage of 

total grower revenue is approximately 2 

percent. 

This action would increase the 

assessment obligation imposed on 

handlers under the Federal marketing 

order. 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 California 

date 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 16, 2005, 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 

California date 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

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. 

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 

2005–06 crop year begins on October 1, 

2005, and the marketing order requires 

that the rate of assessment for each crop 

year apply to all assessable dates 

handled during such crop year; (2) the 

committee needs to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis; 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 987 

Dates, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 987 is proposed to 

be amended as follows: 

PART 987—DOMESTIC DATES 

PRODUCED OR PACKED IN 

RIVERSIDE COUNTY, CALIFORNIA 

1. The authority citation for 7 CFR 

part 987 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 987.339 is revised to read 

as follows: 

§ 987.339 Assessment rate. 

On and after October 1, 2005, an 

assessment rate of $0.95 per 

hundredweight is established for 

California dates. 

Dated: September 6, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–17963 Filed 9–9–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22384; Directorate 

Identifier 2005–NM–131–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A300 B2 Series Airplanes, Model A300 

B4 Series Airplanes, Model A310–200 

Series Airplanes, Model A310–300 

Series Airplanes, and Model A300 B4–

600, B4–600R, and F4–600R Series 

Airplanes, and Model C4–605R Variant 

F Airplanes (Collectively Called A300–

600 Series Airplanes) 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus transport category 

airplanes. This proposed AD would 

require repetitive eddy current 

inspections for cracks of the stiffener 

fittings of the fuselage at frame (FR) 

12A, and corrective actions if necessary. 

This proposed AD also provides a 

terminating action for the inspections. 

This proposed AD results from reports 

of cracks on the upper attachment fitting 

of the stiffener fitting at FR12A. We are 

proposing this AD to prevent failure of 

the stiffener fittings, which could result 

in the reduced structural integrity of the 

floor and rods around FR12A. 

DATES: We must receive comments on 

this proposed AD by October 12, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Jacques Leborgne, Airbus 

Customer Service Directorate, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac