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contains regulatory documents having general

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Rules and Regulations Federal Register

5915

Vol. 70, No. 23

Friday, February 4, 2005

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Docket No. FV04–905–3 FIR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; Limiting 

the Volume of Small Red Seedless 

Grapefruit

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: This rule removes the weekly 

percentages established for the first 22 

weeks of the 2004–05 season beginning 

September 20, 2004. The Citrus 

Administrative Committee voted to take 

this action following the crop losses the 

industry sustained from Hurricanes 

Charley, Frances, and Jeanne. It is 

expected that this action will provide 

more red seedless grapefruit for 

shipment to the fresh fruit market.

DATES: Effective February 5, 2005.

FOR FURTHER INFORMATION CONTACT:

Doris Jamieson, Southeast Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 799 

Overlook Drive, Suite A, Winter Haven, 

Florida 33884; Telephone: (863) 324–

3375; Fax: (863) 325–8793; 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 

No. 84 and Marketing Order No. 905, 

both as amended (7 CFR part 905), 

regulating the handling of oranges, 

grapefruit, tangerines, and tangelos 

grown in Florida, 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.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule removes the weekly 

percentages established for the first 22 

weeks of the 2004–05 season beginning 

September 20, 2004. 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 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. A 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 terminates an interim final 

rule published in the Federal Register

on August 16, 2004 (69 FR 50269) 

which established limits on the volume 

of small red seedless grapefruit entering 

the fresh market. This rule removes the 

weekly percentages established for the 

first 22 weeks of the 2004–05 season 

beginning September 20, 2004. The 

Committee voted to terminate this 

action following its crop losses from 

Hurricanes Charley, Frances, and 

Jeanne. It is expected that this action 

will provide more red seedless 

grapefruit for shipment to the fresh fruit 

market. 

Section 905.52 of the order provides 

authority to limit shipments of any 

grade or size, or both, of any variety of 

Florida citrus. Such limitations may 

restrict the shipment of a portion of a 

specified grade or size of a variety. 

Under such a limitation, the quantity of 

such grade or size a handler may ship 

during a particular week is established 

as a percentage of the total shipments of 

such variety shipped by that handler 

during a prior period, established by the 

Committee and approved by USDA. 

Section 905.153 of the regulations 

provides procedures for limiting the 

volume of small red seedless grapefruit 

entering the fresh market. The 

procedures specify that the Committee 

may recommend that only a certain 

percentage of sizes 48 and 56 red 

seedless grapefruit be made available for 

shipment into fresh market channels for 

any week or weeks during the regulatory 

period. The regulation period is 22 

weeks long and begins the third Monday 

in September. Under such limitation, 

the quantity of sizes 48 and 56 red 

seedless grapefruit that may be shipped 

by a handler during a regulated week is 

calculated using the recommended 

percentage. 

An interim final rule was published 

in the Federal Register which limited 

the volume of sizes 48 (39⁄16 inches 

minimum diameter) and 56 (35⁄16 inches 

minimum diameter) red seedless 

grapefruit entering the fresh market by 

instituting weekly percentages for the 

first 22 weeks of the 2004–05 season. 

The rule established weekly percentages 

at 45 percent for the first three weeks 

(September 20, 2004 through October 

10, 2004, 36 percent for weeks 4 through 

18 (October 11, 2004 through January 

23, 2005), 40 percent for weeks 19 and 

20 (January 23, 2005 through February 

6, 2005), and 45 percent for weeks 21 

and 22 (February 7, 2005 through 

February 20, 2005). The Committee 

recommended this action unanimously 

at a meeting June 15, 2004. Similar 

limitations were implemented during 

the previous seven seasons. 

On August 13, 2004, Hurricane 

Charley hit the west coast of Florida, 

doing considerable damage to the 2004 

citrus crop. On September 5, 2004, 

Hurricane Frances hit the east coast of 

5916 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

Florida, the primary growing region for 

red seedless grapefruit. Again, there was 

a great deal of damage to the citrus 

industry. Then on September 26, 2004, 

Hurricane Jeanne hit Florida, nearly 

following the same path as Hurricane 

Frances, further damaging the citrus 

crop. The extent of the loss is evident 

in the official USDA crop estimate for 

grapefruit during the 2004–05 season. 

The estimate is now 13 million 4/5 

bushel cartons. This is about 70 percent 

less than last year’s estimate. 

At its November 16, 2004, meeting, 

the Committee discussed the percentage 

of size rule which went into effect on 

September 20, 2004. The percentage of 

size regulation helps reduce the 

detrimental market effects of small-sized 

red seedless grapefruit over-supplies. 

With the loss of so much of the red 

seedless grapefruit crop due to the 

hurricanes, the Committee believes that 

a percentage size regulation for 2004–05 

is not needed. In fact, the Committee 

believes that there may be an 

insufficient amount of fruit to supply 

the demand for fresh fruit. There will be 

less large-sized red seedless grapefruit 

in 2004–05, so more of the smaller sizes 

will be needed to supply consumer 

demand. Consequently, the reasons for 

regulating the amount of small red 

seedless grapefruit entering the fresh 

market during the 2004–05 season are 

no longer applicable.

Therefore, the Committee 

unanimously recommended terminating 

the rule currently in effect. 

Final 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 action on small entities. 

Accordingly, AMS has prepared this 

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 75 grapefruit 

handlers subject to regulation under the 

order and approximately 11,000 growers 

of citrus in the regulated area. Small 

agricultural service firms, including 

handlers, are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$5,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000 

(13 CFR 121.201). 

Based on industry and Committee 

data, the average annual f.o.b. price for 

fresh Florida red seedless grapefruit 

during the 2003–04 season was 

approximately $7.58 per 4/5-bushel 

carton, and total fresh shipments for the 

2003–04 season are estimated at 24.7 

million cartons of red grapefruit. 

Approximately 25 percent of all 

handlers handled 75 percent of Florida’s 

grapefruit shipments. Using the average 

f.o.b. price, at least 80 percent of the 

grapefruit handlers could be considered 

small businesses under SBA’s 

definition. Therefore, the majority of 

Florida grapefruit handlers may be 

classified as small entities. The majority 

of Florida grapefruit producers may also 

be classified as small entities. 

This rule terminates an interim final 

rule published in the Federal Register

on August 16, 2004, (69 FR 50269) 

which set limits on the volume of small 

red seedless grapefruit entering the fresh 

market. The interim final rule 

established weekly percentages in 

§ 905.350 for the first 22 weeks of the 

2004–05 season beginning September 

20, 2004, under the provisions of 

§ 905.153. Authority for this action is 

provided in § 905.52. USDA may 

terminate a regulation if it does not tend 

to effectuate the declared policy of the 

Act. The Committee unanimously voted 

to terminate the interim final rule and 

the percentage size regulation at a 

meeting held on November 16, 2004. 

During the months of August and 

September the major grapefruit growing 

regions in Florida suffered significant 

damage and fruit loss from multiple 

hurricanes. The strong winds from the 

storms blew substantial volumes of the 

setting fruit off the trees. The impact of 

the storms also produced a much higher 

than normal fruit drop. The extent of the 

loss is evident in the official USDA crop 

estimate supplied for this season which 

reflects a 70 percent decrease from last 

year’s estimate. With the available 

volume of red seedless grapefruit 

substantially reduced, there is no longer 

any need to regulate volume for the 

2004–05 season. Consequently, the 

Committee voted to terminate this 

action. This action will not create any 

additional costs for growers or handlers. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

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. In addition, as noted in 

the initial regulatory flexibility analysis, 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule.

Further, the Committee’s meetings 

were widely publicized throughout the 

citrus industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the June 15, 2004, and 

November 16, 2004, meetings were 

public meetings and all entities, both 

large and small, were able to express 

their views on this issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on August 16, 2004. Copies of 

the rule were mailed by the Committee’s 

staff to all Committee members and 

grapefruit handlers. In addition, the rule 

was made available through the Internet 

by USDA and the Office of the Federal 

Register. That rule provided for a 30-day 

comment period which ended 

September 15, 2004. One comment was 

received. 

The commenter expressed concern 

that limiting the volume of grapefruit in 

order to raise prices negatively affected 

the consumer. The comment has been 

noted. However, the Committee has 

recommended terminating this action, 

effectively eliminating volume 

regulations for the 2004–05 season. 

Therefore, no changes will be made as 

a result of the comment. 

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 

Committee’s recommendation, and 

other information, it is found that 

terminating the interim final rule, as 

published in the Federal Register (69 

FR 502769, August 16, 2004) will tend 

to effectuate the declared policy of the 

Act. Further, it also is found that 

implementation of the percentage size 

regulation during the 2004–05 season 

would not effectuate the declared policy 

of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found that good cause exists for not 

postponing the effective date of this rule 

until 30 days after publication in the 

Federal Register because this rule 

terminates percentage size regulations 

which were not needed for the first 22 

weeks of the 2004–05 shipping season.

Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 5917

List of Subjects in 7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements, Tangelos, Tangerines.

■ For the reasons discussed in the 

preamble, 7 CFR Part 905 is amended as 

follows:

PART 905—ORANGES, GRAPEFRUIT, 

TANGERINES, AND TANGELOS 

GROWN IN FLORIDA

■ 1. The authority citation for part 905 

continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 905.350 [Removed and reserved]

■ 2. Section 905.350 is removed and 

reserved.

Dated: January 31, 2005. 

Kenneth C. Clayton, 

Acting Administrator, Agricultural Marketing 

Service.

[FR Doc. 05–2154 Filed 2–3–05; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2004–19201; Directorate 

Identifier 2003–NM–100–AD; Amendment 

39–13959; AD 2005–03–03] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 767–200, –300, and –300F Series 

Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Final rule.

SUMMARY: The FAA is superseding an 

existing airworthiness directive (AD), 

which applies to all Boeing Model 767–

200, –300, and –300F series airplanes. 

That AD currently requires examination 

of maintenance records to determine if 

Titanine JC5A (also known as Desoto 

823E508) corrosion inhibiting 

compound (‘‘C.I.C.’’) was ever used; 

inspection for cracks or corrosion and 

corrective action, if applicable; 

repetitive inspections and C.I.C. 

applications; and modification of the aft 

trunnion area of the outer cylinder, 

which terminates the need for the 

repetitive inspections and C.I.C. 

applications. This new AD also requires, 

for certain other airplanes, repetitive 

inspections for cracks or corrosion, 

corrective action if necessary, and 

repetitive C.I.C. applications. This AD is 

prompted by a report that JC5A was 

used on more airplanes during 

production than previously identified. 

We are issuing this AD to prevent severe 

corrosion in the main landing gear 

(MLG) outer cylinder at the aft trunnion, 

which could develop into stress 

corrosion cracking and consequent 

collapse of the MLG.

DATES: This AD becomes effective 

March 11, 2005. 

The incorporation by reference of a 

certain publication listed in the AD is 

approved by the Director of the Federal 

Register as of March 11, 2005. 

On May 6, 2002 (67 FR 19322, April 

19, 2002), the Director of the Federal 

Register approved the incorporation by 

reference of a certain other publication.

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. You 

can examine this information at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/

federal_register/

code_of_federal_regulations/

ibr_locations.html.

Docket: The AD docket contains the 

proposed AD, comments, and any final 

disposition. You can examine the AD 

docket on the Internet at http://

dms.dot.gov, or in person at the Docket 

Management Facility office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Management Facility office 

(telephone (800) 647–5227) is located on 

the plaza level of the Nassif Building at 

the U.S. Department of Transportation, 

400 Seventh Street, SW., room PL–401, 

Washington, DC. This docket number is 

FAA–2004–19201; the directorate 

identifier for this docket is 2003–NM–

100–AD.

FOR FURTHER INFORMATION CONTACT:

Suzanne Masterson, Aerospace 

Engineer, Airframe Branch, ANM–120S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 917–6441; fax (425) 917–6590.

SUPPLEMENTARY INFORMATION: The FAA 

proposed to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) with an AD to supersede AD 

2002–08–07, amendment 39–12715, (67 

FR 19322, April 19, 2002). The existing 

AD applies to all Boeing Model 767–

200, –300, and –00F series airplanes. 

The proposed AD was published in the 

Federal Register on September 29, 2004 

(69 FR 58103). That action proposed to 

continue to require examination of 

maintenance records to determine if 

Titanine JC5A (also known as Desoto 

823E508) corrosion inhibiting 

compound (‘‘C.I.C.’’) was ever used; 

inspection for cracks or corrosion and 

corrective action, if applicable; 

repetitive inspections and C.I.C. 

applications; and modification of the aft 

trunnion area of the outer cylinder, 

which terminates the need for the 

repetitive inspections and C.I.C. 

applications. The action also proposed 

to require, for certain other airplanes, 

repetitive inspections for cracks or 

corrosion, corrective action if necessary, 

and repetitive C.I.C. applications. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments that have 

been submitted on the proposed AD. 

Support for the Proposed AD 

One commenter supports the 

proposed AD. 

Request To Add Compliance Statement 

One commenter requests that we add 

the verbiage, ‘‘required as indicated, 

unless accomplished previously,’’ to the 

compliance section of the proposed AD. 

The commenter believes this statement 

is needed to obtain credit for the 

inspections and repetitive C.I.C 

applications it accomplished, prior to 

issuance of the proposed AD, on its 

airplanes in accordance with Boeing 

Alert Service Bulletin 767–32A0192, 

Revision 1, dated March 13, 2003. 

We partially agree, since similar 

language to that suggested by the 

commenter is found in paragraph (e) of 

this AD. As part of our effort to use 

plain language in ADs, we have 

rewritten the compliance statement as 

follows: ‘‘You are responsible for having 

the actions required by this AD 

performed within the compliance times 

specified, unless the actions have 

already been done.’’ While the language 

has changed, the intent of the statement 

is the same. Therefore, no further 

change to this AD is necessary in this 

regard. 

Request To Add Credit for Previous 

Accomplishment 

One commenter requests that we add 

a note to the proposed AD, which would 

give credit for work accomplished in 

compliance with AD 2002–08–07. The 

commenter suggests the following note, 

or language similar to this: 

‘‘Accomplishment of the actions 

required by paragraph[s] (a) through (l) 

of AD 2002–08–07 amendment 39–

12715, is acceptable for compliance