Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations 7435

has its principal place of business, has

jurisdiction in equity to review the

Secretary’s ruling on the petition,

provided a bill in equity is filed not

later than 20 days after the date of the

entry of the ruling.

This order of suspension is issued

pursuant to the provisions of the

Agricultural Marketing Agreement Act

and of the order regulating the handling

of milk in the Central Illinois marketing

area.

Notice of proposed rulemaking was

published in the Federal Register on

January 4, 1995 (60 FR 379), concerning

a proposed suspension of the aggregate

diversion limits for a pool distributing

plant regulated under Order 50.

Interested persons were afforded

opportunity to file written data, views

and arguments thereon. No comments

were received.

After consideration of all relevant

material, including the proposal in the

notice and other available information,

it is hereby found and determined that

for an indefinite period beginning

January 1, 1995, the following provision

of the order does not tend to effectuate

the declared policy of the Act:

In § 1050.13(d)(2), the words ‘‘:

Provided, That the total quantity of

producer milk diverted does not exceed

35 percent of the physical receipts of

producer milk at the handler’s pool

plant during the month, exclusive of

milk of producers who are members of

a cooperative association that is

diverting milk and the milk of other

producers that is diverted pursuant to

paragraph (d)(3) of this section’’.

Statement of Consideration

This rule suspends the aggregate limit

on the amount of milk that may be

diverted from a pool plant during the

months of August through April. At the

present time, for each day’s production

of a producer’s milk that is delivered to

a pool plant during these months,

another day’s production may be

diverted to a nonpool plant. However,

in addition to this individual producer

limit, there is an aggregate limit of 35

percent that applies to the total amount

of milk that a pool plant operator may

divert during the month. The

suspension removes this 35 percent

aggregate limit, effectively increasing

the aggregate limit to 50 percent of a

pool plant operator’s total producer

receipts during the month.

In their letter requesting the

suspension, Prairie Farms Dairy, Inc.

(Prairie Farms) and the Morning Glory

Farms region of Associated Milk

Producers, Inc. (AMPI), explained that

Prairie Farms now operates the only

distributing plant under the Central

Illinois order (Order 50) and that both

cooperatives supply milk to this plant,

which is located in Peoria. For several

reasons, including the availability of

abundant quantities of good quality

feed, milk production is up

substantially in recent months

compared to the same period of last

year. This has resulted in both

cooperatives having to divert additional

milk to nearby unregulated

manufacturing plants on weekends,

holidays, and other days when the

Peoria plant is not in operation.

Prairie Farms and AMPI state that the

suspension will allow them to continue

to balance the supply of milk needed at

the Peoria plant while at the same time

eliminate the need to haul milk in and

out of the plant merely to keep their

milk pooled under the order.

Market statistics indicate that the

average daily milk marketed per farm in

the Central Illinois marketing area

during August through November 1994

was about 300 pounds greater than for

the same period in 1993. This increase

in production, in conjunction with the

single pool plant outlet available in this

market, supports a suspension of the

aggregate diversion limitations for an

indefinite period so that producers

whose milk has long been associated

with the Central Illinois marketing area

will continue to benefit from pooling

and pricing under the order.

It is hereby found and determined

that thirty days’ notice of the effective

date hereof is impractical, unnecessary

and contrary to the public interest in

that:

(a) The suspension is necessary to

reflect current marketing conditions and

to assure orderly marketing conditions

in the marketing area, in that such rule

is necessary to permit the continued

pooling of the milk of dairy farmers who

have historically supplied the market

without the need for making costly and

inefficient movements of milk;

(b) This suspension does not require

of persons affected substantial or

extensive preparation prior to the

effective date; and

(c) Notice of proposed rulemaking

was given interested parties and they

were afforded opportunity to file written

data, views or arguments concerning

this suspension. No comments were

received.

Therefore, good cause exists for

making this order effective less than 30

days from the date of publication in the

Federal Register.

List of Subjects in 7 CFR Part 1050

Milk marketing orders.

For the reasons set forth in the

preamble, the following provision in

Title 7, Part 1050, is amended as

follows:

PART 1050—MILK IN THE CENTRAL

ILLINOIS MARKETING AREA

1. The authority citation for 7 CFR

Part 1050 continues to read as follows:

Authority: Secs. 1–19, 48 Stat 31, as

amended; 7 U.S.C. 601–674.

§ 1050.13 [Suspended in part]

Note: This amendment will not be

published in the annual Code of Federal

Regulations.

2. In § 1050.13(d)(2), the words ‘‘:

Provided, That the total quantity of

producer milk diverted does not exceed

35 percent of the physical receipts of

producer milk at the handler’s pool

plant during the month, exclusive of

milk of producers who are members of

a cooperative association that is

diverting milk and the milk of other

producers that is diverted pursuant to

paragraph (d)(3) of this section’’ are

suspended for an indefinite period

beginning January 1, 1995.

Dated: February 2, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–3149 Filed 2–7–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1212

[FV–93–707FR]

RIN 0581–AB19

Lime Research, Promotion, and

Consumer Information Order;

Amendments

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule amends the Lime

Research, Promotion, and Consumer

Information Order. These amendments

revise the definition of the term ‘‘lime’’

in order to cover seedless rather than

seeded limes; increase the exemption

level from less than 35,000 pounds

annually to less than 200,000; alter the

size, composition, and term of office of

the Lime Board; and make necessary

conforming changes. This document is

necessary to implement amendments to

the Lime Research, Promotion, and

Consumer Information Act of 1990.

EFFECTIVE DATE: February 8, 1995.

ADDRESSES: Richard Schultz, Research

and Promotion Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, Room 2535–S, Washington,

DC 20090–6456.
7436 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations

FOR FURTHER INFORMATION CONTACT:

Richard Schultz at the above address or

telephone (202) 720–5976.

SUPPLEMENTARY INFORMATION: This final

rule amends the Lime Research,

Promotion, and Consumer Information

Order [7 CFR 1212], herein referred to

as the Order. The Order is effective

under the Lime Research, Promotion,

and Consumer Information Act of 1990

(1990 Act) [Pub. L. 101–624, 7 U.S.C.

6201–6212], as amended by the Lime

Research, Promotion, and Consumer

Information Improvement Act (1993

Act) [Pub. L. 103–194, Dec. 14, 1993].

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It is not intended to have

retroactive effect. 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

§ 1957 of the Act, a person subject to the

Order may file a petition with the

Secretary of Agriculture (Secretary)

stating that the Order or any provision

of the Order, or any obligation imposed

in connection with the Order, is not in

accordance with law and requesting a

modification of the Order or an

exemption from the Order. The

petitioner is afforded the opportunity

for a hearing on the petition. After such

hearing, the Secretary will make a ruling

on the petition. The Act provides that

the district courts of the United States

in any district in which a person who

is a petitioner resides or carries on

business are vested with jurisdiction to

review the Secretary’s ruling on the

petition, if a complaint for that purpose

is filed within 20 days after the date of

the entry of the ruling.

Regulatory Impact Analysis

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Administrator of the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

rule on small entities.

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.

The 1990 Act exempted lime

producers who produce less than 35,000

pounds annually for the fresh market

from being subject to the Order. When

the 1990 Act was enacted, there were an

estimated 325 producers who produced

at least 35,000 pounds annually and

were subject to the Order. When the

1993 Act was enacted, the exemption

level was increased to less than 200,000

pounds annually. At this exemption

level, there are an estimated 50

producers who produce at least 200,000

pounds and will be subject to the Order.

Despite this increase in exemption level,

the majority of producers subject to the

Order will still be classified as small

entities. Small agricultural producers

have been defined by the Small

Business Administration (SBA) [13 CFR

121.601] as those having annual receipts

of less than $500,000.

The increase in exemption level is not

expected to significantly affect the

number of first handlers who are

responsible for collecting and remitting

producer assessments to the Lime Board

(Board). The number of first handlers

remains at approximately 25. The

increase in exemption level, which also

applies to imports, is not expected to

significantly affect the number of

importers of fresh market limes. The

number of importers subject to the

Order will increase from 5 to 35.

However, this increase in importers is

not primarily due to the increase in the

exemption level but rather to the

changing character of the lime industry.

As in the case of producers, the majority

of first handlers and importers subject to

the Order will still be classified as small

entities. Small agricultural service firms,

which include handlers and importers,

have been defined by the SBA as those

having annual receipts of less than

$5,000,000.

Since the enactment of the 1990 Act,

the character of the lime industry has

significantly changed. As a result of the

extensive damage to lime orchards in

Florida by Hurricane Andrew in August

1992, domestic production has

plummeted and the volume of imports

has increased dramatically. Domestic

production is not expected to reach preHurricane Andrew levels for possibly

two to three years because Florida

accounted for a majority of domestic

production.

Shipment reports of domestic limes,

from January 1, 1994, through December

31, 1994, indicate truck shipments of

11.32 million pounds from Florida and

4.23 million pounds from California, for

a total of 15.55 million pounds.

Shipment reports of imported limes for

the most recent 12 month period,

November 1, 1993, through October 31,

1994, indicate truck shipments of

240.46 million pounds from Mexico

plus an additional 8.02 million pounds

from 13 other countries. Imports

currently represent roughly 94 percent

of lime shipments in the United States.

The Order, prior to this action,

required lime producers, producerhandlers, and importers who produce or

import 35,000 pounds or more annually

for fresh market to pay an assessment

not to exceed one cent per pound of

limes. This action limits assessment

obligations to producers, producerhandlers, and importers who produce or

import 200,000 pounds or more

annually. The expected results of this

action will significantly decrease the

number of persons subject to the Order

and decrease the amount of assessments

collected.

This action also alters the size and

composition of the Board, the

administrative body appointed by the

Secretary to operate the Order, from 11

members to seven. Further, it reduces

the number of producer members

serving on the Board from seven to

three. The number of importer members

will remain at three. The seventh

member will be the public member.

These changes to the Board’s size and

membership are reflective of the current

structure of the lime industry.

Accordingly, the Administrator of the

AMS has determined that the changes

reflected in this action will not have a

significant economic impact on a

substantial number of small entities.

Paperwork Reduction

In accordance with the Paperwork

Reduction Act of 1980 [44 U.S.C.

Chapter 35] the information collection

requirements contained in the Order

have been approved by the OMB and

were assigned OMB number 0581–0093,

except for the Board nominee

background statement form which was

assigned OMB number 0505–0001. This

action will generally reduce the number

of information collections, and hence

the reporting burden. The information

collection requirements of the Order are

as follows:

(1) A periodic report by each first

handler who handles limes for fresh

market. The estimated number of

respondents required to complete this

report is 25, each submitting a

maximum of 12 responses per year, with

an estimated average reporting burden

of 30 minutes per response. First

handlers may alternatively prepay

assessments annually, requiring only an

initial report of anticipated assessments

and a final annual report of actual

handling;

(2) A periodic report by each importer

who imports 200,000 or more pounds

annually for fresh market. The

estimated number of respondents

completing this report is 35, each
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations 7437

submitting a maximum of 12 responses

per year, with an estimated average

reporting burden of 15 minutes per

response;

(3) A refund application form for

persons who desire a refund of their

assessments. The estimated number of

respondents completing this application

is five, each submitting two responses

per year, with an estimated average

reporting burden of 15 minutes per

response;

(4) An importer reimbursement

application for persons who import less

than 200,000 pounds annually and

desire to be reimbursed for assessments

collected by the U.S. Customs Service.

The estimated number of respondents

completing this application is 20, each

submitting one response per year, with

an estimated average reporting burden

of 15 minutes per response;

(5) An exemption application for

persons who produce or import less

than 200,000 pounds annually for fresh

market to be exempt from assessments

and recordkeeping requirements. The

estimated number of respondents

completing this application is 600, each

submitting one response per year, with

an estimated average burden of 15

minutes per response;

(6) A referendum ballot to be used not

later than 30 months after assessments

begin under the amended Order and

periodically thereafter to indicate

whether producers and importers favor

continuance of the Order. The estimated

number of respondents completing this

ballot is 85, each submitting one

response approximately every five

years, or an annual average of 10

respondents, with an estimated average

reporting burden of 15 minutes per

response;

(7) A nominee background statement

form for Board member and alternate

positions. Two nominees will be

nominated for each open position on the

Board. The estimated number of

respondents completing this form is 28

during the first year of Order operations,

and approximately eight per year

thereafter, with an estimated average

reporting burden of 30 minutes per

response; and

(8) A requirement to maintain records

sufficient to verify reports submitted

under the Order. The estimated number

of persons required to comply with this

requirement is 70, each of whom will

have an estimated annual burden of

seven minutes.

Background

The 1990 Act was enacted on

November 28, 1990, for the purpose of

establishing an orderly procedure for

the development and financing of an

effective and coordinated program of

research, promotion, and consumer

information to strengthen the domestic

and foreign markets for limes. The

Order required by the 1990 Act became

effective on January 27, 1992 [57 FR

2985], after notice and comment

rulemaking.

In March 1992 the Department

conducted nomination meetings to

nominate lime producers and importers

for appointment to the Board. The Board

members were appointed by the

Secretary in September 1992, and the

Board conducted its first meeting at the

Department in Washington, DC in

October 1992. During the course of this

meeting, the Board and the Department

concluded that a technical amendment

was needed to cover seedless rather

than seeded limes. Consequently, full

implementation of the Order was

delayed until the enactment of such

technical amendment.

The 1993 Act contained the necessary

technical amendment to cover seedless

limes (citrus latifolia) rather than seeded

limes (citrus aurantifolia) under the

Order. The 1993 Act also provided for

increasing the exemption level from less

than 35,000 pounds annually to less

than 200,000; terminating the initial

Board; changing the size and

composition of the Board; and delaying

the initial referendum date.

A proposed rule published in the

April 7, 1994, issue of the Federal

Register [58 FR 3446] invited comments

on amending the Order to reflect the

provisions of the 1993 Act. The Act, as

amended, revises the definition of the

term ‘‘lime’’ from citrus aurantifolia to

citrus latifolia; increases the exemption

level from less than 35,000 pounds

annually to less than 200,000; alters the

size, composition, and term of office of

the Board; and makes conforming

changes.

The Department received one

comment on the April 7 proposed rule.

This comment was received from the

California Association of Limegrowers.

The commenter requested clarification

on whether producers and importers

subject to the Order will be required to

pay an assessment on their total annual

production or importation, or on the

portion of their volume surpassing the

exemption level of less than 200,000

pounds annually. In response to this

comment, producers and importers of

200,000 pounds or more of limes

annually will be required to pay

assessments on their total annual

production or importation.

This rule changes the definition of

‘‘lime’’ from citrus aurantifolia (seeded

lime) to citrus latifolia (seedless lime) in

§ 1212.5 of the Order. Although the

intent of the Act was to cover seedless

limes, the definition of ‘‘lime’’ in

§ 1953(6) of the 1990 Act applied only

to seeded limes.

This rule increases the producer and

importer exemption level from less than

35,000 pounds annually to less than

200,000 pounds annually. This revised

exemption level was reached through

industry consensus. Therefore, this rule

changes references to 35,000 pounds in

§§ 1212.65, 1212.68, and 1212.69 of the

Order to 200,000 pounds. In addition, a

new paragraph (d) has been added to

§ 1212.68 of the Order whereby exempt

importers may obtain a refund of

assessments collected by the U.S.

Customs Service.

Moreover, this rule changes the size of

the Board from 11 members to seven.

The Board, prior to this action, was

composed of seven producer members,

three importer members, and their

alternates. The public member position

was vacant. This action decreases the

number of producer members from

seven to three, which more fairly

reflects the current structure of the lime

industry. Therefore, §§ 1212.30,

1212.32, and 1212.34 of the Order have

been either amended or revised to make

these changes in the Board’s

composition.

This rule also changes the Board’s

composition in § 1212.30(b) relative to

representation of producer and importer

members within the two districts

established under the Order.

District 1 includes the States east of the

Mississippi River, Puerto Rico, and the

District of Columbia. District 2 includes

the States west of the Mississippi River.

Prior to this action, the Order provided

for six producer members and one

importer member and their alternates

from District 1, and one producer

member and two importer members and

their alternates from District 2. This

action reduces the number of producer

members from District 1 from six to two

by amending and revising § 1212.30 of

the Order.

Further, as a result of this allocation

of Board membership, the realignment

of districts or reapportionment of

membership between Districts 1 and 2

on the basis of changes in production

and importation is no longer necessary.

Such realignment or reapportionment is

inconsistent with the 1993 Act.

Therefore, any references to such

realignment or reapportionment have

been removed from §§ 1212.18, 1212.30,

and 1212.40 of the Order.

Reducing the size of the Board affects

the requirements for a quorum and the

number of trustees which will be

designated if the program were to be

terminated. Therefore, this action
7438 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations

amends § 1212.37 of the Order by

decreasing from six to four the number

of members needed to constitute a

quorum at Board meetings and by

changing the number of trustees

designated in § 1212.84 of the Order

from five to four.

The 1993 Act requires that

appointments of the Board members

made under the 1990 Act be terminated.

Such appointments will be terminated

on the effective date of this rule and,

when practicable, new appointments

will be made by the Secretary. The 1993

Act also specifies that the initial Board

members under the amended Order will

serve initial terms of office of 30

months. This change is directly related

to the provision of the 1993 Act which

delays the deadline for the initial

referendum until 30 months after the

date on which the collection of

assessments begin under the amended

Order. A conforming change in

§ 1212.67 of the Order pursuant to the

1993 provision has also been made.

In order to provide administrative

continuity during the 30 months prior to

the initial continuance referendum, the

1993 Act provides that the initial Board

members under the amended Order

serve 30-month concurrent terms of

office. The 1990 Act provided for the

staggering of the terms of office of the

initial Board members. Although

staggered terms of office are generally

desirable, this created a situation where

30 percent or more of the Board’s

membership could change prior to the

initial referendum. In contrast, the 1993

Act provides that the initial Board

members under the amended Order

serve 30-month concurrent terms of

office and that staggered terms be

reinstituted after the referendum if the

program continues. The purpose of this

change is to minimize the organizational

uncertainties associated with Board

member turnover and to facilitate

organizational continuity during the

period prior to the initial referendum.

Therefore, this action also revises

§ 1212.34 of the Order.

In addition, a technical change is

made to § 1212.64 of the Order to add

the code number for limes from the

Harmonized Tariff Schedule of the

United States.

After consideration of all relevant

material presented, it is found that the

amendments to the Order herein tend to

effectuate the declared policy of the Act,

as amended.

Pursuant to the provisions of 5 U.S.C.

553, it is found and determined that

good cause exists for not postponing the

effective date of this action until 30 days

after publication in the Federal Register

because (1) this action is required by the

1993 Act; (2) the proposed rule

provided a 30-day period to allow

interested parties to comment prior to

this action; (3) the amended Order

cannot be fully implemented until this

rule becomes effective and the initial

Board is appointed; and (4) no useful

purpose would be served by a delay of

the effective date.

List of Subjects in 7 CFR Part 1212

Administrative practice and

procedure, Advertising, Limes,

Marketing agreements, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR Part 1212 is amended

as follows:

PART 1212—LIME RESEARCH,

PROMOTION, AND CONSUMER

INFORMATION

1. The authority citation for 7 CFR

Part 1212 is revised to read as follows:

Authority: 7 U.S.C. 6201–6212.

Subpart A—Lime Research,

Promotion, and Consumer Information

Order

§ 1212.2 [Amended]

2. Section 1212.2 is amended by

removing the phrase ‘‘and any

amendments thereto’’ and adding in its

place ‘‘as amended’’.

§ 1212.5 [Amended]

3. Section 1212.5 is amended by

removing the word ‘‘aurantifolia’’ and

adding in its place ‘‘latifolia’’.

§ 1212.18 [Amended]

4. Section 1212.18 is amended by

removing the phrase ‘‘, or other

subdivisions as may be prescribed

pursuant to § 1212.40(o)’’.

5. In § 1212.30 paragraph (a) is

amended by removing the word

‘‘Seven’’ and adding in its place

‘‘Three’’; paragraph (b) is revised; and

paragraph (c) and the undesignated

concluding text are removed as follows:

§ 1212.30 Establishment and membership.

* * * * *

(b) Two of the three producer

members shall be producers of limes in

District 1, and one producer member

shall be a producer of limes in District

2. One of the three importer members

shall be an importer of limes in District

1, and two importer members shall be

importers of limes in District 2. The

public member shall be selected at large.

§ 1212.31 [Amended]

6. Section 1212.31 is amended by

revising the section heading and

paragraph (a), designating the existing

text of paragraph (k) as paragraph (k)(1)

and revising it, and designating the

concluding text at the end of the section

as paragraph (k)(2) to read as follows:

§ 1212.31 Nominations.

* * * * *

(a) Except for the member and

alternate member who represent the

general public, nominations of initial

members to the Board shall be

submitted to the Secretary for selection

as soon as practicable after February 8,

1995. In subsequent years, nominations

of members to the Board shall be

submitted to the Secretary by the Board

by August 1. Nominations may be made

by means of group meetings for

producer and importer members or by

mail ballot.

* * * * *

(k) (1) In the event of a mail ballot, all

qualified persons interested in serving

on the Board or who are interested in

nominating another person to serve on

the Board shall submit to the Board in

writing such information as name,

mailing address, number of pounds

produced, marketed, handled, or

imported, or other information as may

be required, in order to place that

person on the ballot: Provided, That in

the case of nominating the initial Board

under the amended Act, the Secretary

shall mail out the ballots and cause

press releases concerning the

distribution of ballots and pertinent

information on balloting to be

distributed to the media in the lime

producing and importing areas. These

ballots shall be returned to the

Secretary.

* * * * *

§ 1212.32 [Amended]

7. Section 1212.32 is amended by

removing the word ‘‘seven’’ and adding

in its place ‘‘three’’.

8. Section 1212.34 is revised to read

as follows:

§ 1212.34 Term of office.

(a) The initial members of the Board

and their respective alternates shall

serve 30-month concurrent terms of

office.

(b) The term of office for the initial

Board shall begin immediately

following appointment by the Secretary.

In subsequent years, the term of office

shall begin on January 1 or such other

period which may be approved by the

Secretary.

(c) Subsequent appointments to the

Board will be for a term of 3 years,

except that during the initial 3-year

appointments, members and their

alternates shall serve terms as follows:

one producer member from District 1

and one importer member from District

2 shall be appointed for a term of 1 year;
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations 7439

the importer member from District 1 and

the producer member from District 2

shall be appointed for a term of 2 years;

and one producer member from District

1 and one importer member from

District 2 shall be appointed for a term

of 3 years.

(d) Board members and alternates

shall serve during the term of office for

which they are selected and have

qualified, and until their successors are

selected and have qualified.

(e) No member or alternate shall serve

more than two successive terms.

However, members and alternates

serving a term of 1 year, after having

served a 30-month concurrent term, may

serve a third successive term.

§ 1212.37 [Amended]

9. In § 1212.37 paragraph (a) is

amended by removing the word ‘‘Six’’

and adding in its place ‘‘Four’’.

§ 1212.40 [Amended]

10. Section 1212.40 is amended by

removing paragraph (o) and

redesignating paragraphs (p), (q), and (r)

as paragraphs (o), (p), and (q)

respectively.

11. Section 1212.64 is amended by

adding a new paragraph (j) to read as

follows:

§ 1212.64 Assessments.

* * * * *

(j) The import assessment shall be

uniformly applied to imported limes

that are identified by the number

0805.90.0010 in the Harmonized Tariff

Schedule of the United States or any

other number used to identify limes as

defined in § 1212.5.

§ 1212.65 [Amended]

12. In § 1212.65 paragraph (c)(2)(viii)

is amended by removing the number

‘‘35,000’’ and adding in its place

‘‘200,000’’.

13. Section 1212.67 is amended by

revising the introductory text of

paragraph (a) to read as follows:

§ 1212.67 Refunds.

(a) Subject to the provisions of this

section any producer, producer-handler,

or importer shall have the right to

personally demand and receive from the

Board a refund of assessments paid by

or on behalf of such producer, producerhandler, or importer for any calendar

month during the period beginning on

the date on which the collection of

assessments begins under this Order

and ending on the effective date of the

referendum mandated by section

1960(a) of the Act; Provided, That:

* * * * *

§ 1212.68 [Amended]

14. In § 1212.68 paragraph (a) is

amended by removing the number

‘‘35,000’’ wherever it appears and

adding in its place ‘‘200,000’’; and by

adding a new paragraph (d) to read as

follows:

§ 1212.68 Exemption from assessment.

* * * * *

(d) Importers who are exempt from

assessment shall be entitled to

reimbursement of assessments collected

by the U.S. Customs Service and shall

apply to the Board for reimbursement of

such assessments paid on a marketing

year basis. The Board shall reimburse

such assessments within 30 days of

receiving an importer’s application.

§ 1212.69 [Amended]

15. Section 1212.69 is amended by

removing the number ‘‘35,000’’ and

adding in its place ‘‘200,000’’.

§ 1212.84 [Amended]

16. In § 1212.84 paragraph (a) is

amended by removing the word ‘‘five’’

and adding in its place ‘‘four’’.

Dated: February 2, 1995.

Patricia Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–3144 Filed 2–7–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94–AWA–6]

Modification of the Flint Bishop

International Airport, MI, Madison Dane

County Regional Airport-Truax Field,

WI, Peoria, Greater Peoria Regional

Airport, IL, Toledo Express Airport,

OH, Columbus AFB, MS, and the

Jackson International Airport, MS,

Class C Airspace Areas and

Establishment of the Madison Dane

County Regional Airport-Truax Field,

WI, and Jackson International Airport,

MS, Class E Airspace Areas

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This rule modifies the Flint

Bishop International Airport, MI,

Madison Dane County Regional AirportTruax Field, WI, Peoria, Greater Peoria

Regional Airport, IL, Jackson

International Airport, MS, Toledo

Express Airport, OH, and the Columbus

AFB, MS, Class C airspace areas. The

effective hours are amended to coincide

with the associated radar approach

control facility’s hours of operation.

Class C airspace areas are predicated on

an operational air traffic control tower

(ATCT) serviced by a radar approach

control facility. The designated

boundaries and altitudes of these Class

C airspace areas will remain as they

currently exist. In addition, this action

establishes Class E airspace at Madison

Dane County Regional Airport-Truax

Field, WI, and Jackson International

Airport, MS, when the associated radar

approach control facility is not in

operation. Also, Class E airspace is

established as an extension to the

Madison Dane County Regional AirportTruax Field, WI, Class C airspace area

to provide controlled airspace to

instrument operations.

EFFECTIVE DATE: 0901 UTC, March 30,

1995.

FOR FURTHER INFORMATION CONTACT:

Patricia P. Crawford, Airspace and

Obstruction Evaluation Branch (ATP–

240), Airspace-Rules and Aeronautical

Information Division, Air Traffic Rules

and Procedures Service, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; telephone: (202)

267–9255.

SUPPLEMENTARY INFORMATION:

History

On January 13, 1995, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to modify the Flint Bishop

International Airport, MI, Madison Dane

County Regional Airport-Truax Field,

WI, Peoria, Greater Peoria Regional

Airport, IL, Toledo Express Airport, OH,

Columbus AFB, MS, and the Jackson

International Airport, MS, Class C

airspace areas and establish the

Madison Dane County Regional AirportTruax Field, WI, and the Jackson

International Airport, MS, Class E

airspace areas (60 FR 3109). Interested

parties were invited to participate in

this rulemaking proceeding by

submitting written comments on the

proposal to the FAA. No comments

objecting to the proposal were received.

It was also determined that Class E

extensions are needed for instrument

approach procedures at Madison Dane

County Regional Airport-Truax Field,

WI. Therefore, this action establishes

Class E3 airspace to coincide with the

effective hours of the Madison Dane

County Regional Airport-Truax Field,

WI, Class C airspace area. Except for

editorial changes, and establishment of

the E3 designation for Madison Dane

County Regional Airport-Truax Field,