Federal Register / Vol. 60, No. 242 / Monday, December 18, 1995 / Rules and Regulations 65019

salaries, $41,740 ($40,740), office rent,

$27,168 ($26,419), office supplies and

miscellaneous, $20,000 ($15,000),

postage, $7,000 ($5,000), furniture,

fixtures, and automobiles, $25,000

($5,000), domestic market research and

development, $998,000 ($953,000),

walnut production research, $718,420

($718,302), crop estimate, $67,000

($60,000), and $30,000 for the reserve

for contingencies, for which no funding

was recommended last year. Items

which have decreased compared to the

amount budgeted for 1994–95 (in

parentheses) are: Administrative

salaries, $99,000 ($101,712), and

production research director, $34,000

($40,000). All other items are budgeted

at last year’s amounts.

The Board also unanimously

recommended an assessment rate of

$0.0116 per kernelweight pound of

merchantable walnuts certified, $0.0005

more than the previous year. This rate,

when applied to anticipated shipments

of 1,980,000 kernelweight pounds of

merchantable walnuts, will yield

$2,296,800 in assessment income,

which will be adequate to cover

budgeted expenses. Unexpended funds

may be used temporarily during the first

five months of the subsequent marketing

year, but must be made available to the

handlers from whom collected within

that period.

An interim final rule was published

in the Federal Register on October 30,

1995 (60 FR 55178). That interim final

rule added § 989.346 to authorize

expenses and establish an assessment

rate for the Committee. That rule

provided that interested persons could

file comments through November 29,

1995. No comments were received.

While this action will impose some

additional costs on handlers, the costs

are in the form of uniform assessments

on handlers. Some of the additional

costs may be passed on to producers.

However, these costs will be offset by

the benefits derived by the operation of

the marketing order. Therefore, the

Administrator of the AMS has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

After consideration of all relevant

matter presented, including the

information and recommendations

submitted by the Board and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

It is further found that good cause

exists for not postponing the effective

date of this action until 30 days after

publication in the Federal Register (5

U.S.C. 553) because the Committee

needs to have sufficient funds to pay its

expenses which are incurred on a

continuous basis. The 1995–96 fiscal

period began on August 1, 1995. The

marketing order requires that the rate of

assessment for the fiscal period apply to

all assessable walnuts handled during

the fiscal period. In addition, handlers

are aware of this action which was

unanimously recommended by the

Committee at a public meeting and

published in the Federal Register as an

interim final rule.

List of Subjects in 7 CFR Part 984

Marketing agreements, Nuts,

Reporting and recordkeeping

requirements, Walnuts.

For the reasons set forth in the

preamble, 7 CFR part 984 is amended as

follows:

PART 984—WALNUTS GROWN IN

CALIFORNIA

Accordingly, the interim final rule

amending 7 CFR part 984 which was

published at 60 FR 55178 on October

30, 1995, is adopted as a final rule

without change.

Dated: December 12, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–30673 Filed 12–15–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1212

[FV–95–703]

Lime Research, Promotion, and

Consumer Information Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; termination order.

SUMMARY: This document removes the

Lime Research, Promotion, and

Consumer Information Order (Order) in

its entirety. A referendum was

conducted in November 1995 to

determine whether continuance of the

Order was favored by a majority of the

producers, producer-handlers, and

importers voting in the referendum. A

majority of the persons voting in the

referendum did not favor continuance of

the Order.

EFFECTIVE DATE: December 18, 1995.

FOR FURTHER INFORMATION CONTACT:

Richard B. Schultz, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, Box 96456,

Room 2535–S, Washington, D.C. 20090–

6456, telephone (202) 720–5976.

SUPPLEMENTARY INFORMATION:

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This termination order 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 termination order.

This action is governed by section

1960 of the Lime Research, Promotion,

and Consumer Information Act of 1990,

as amended (Act). Section 1960 of the

Act provides that the Secretary of

Agriculture (Secretary) shall conduct a

referendum not later than 30 months

after the date on which the collection of

assessments begins to determine

whether the issuance of the Order is

favored by a majority of the producers,

producer-handlers, and importers voting

in the referendum. Paragraph (b) of

section 1960 of the Act requires that the

Order continue in effect only if favored

by such majority.

Background

The Lime Research, Promotion, and

Consumer Information Act of 1990

(1990 Act) (Pub. L. 101–624, 7 U.S.C.

6201–6212) 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 Lime Board

(Board). The Board members were

appointed by the Secretary in

September 1992 and the Board

conducted its first meeting at the

Department in Washington, D.C. in

October 1992. During the course of this

meeting, the Board and the Department

concluded that a technical amendment

to the 1990 Act was needed before an

order could be implemented.

Consequently, full implementation of

the Order was delayed until the

enactment of such technical

amendment.

The Lime Research, Promotion, and

Consumer Information Improvement

Act (1993 Act) (Pub. L. 103–194, Dec.

14, 1993) contained the necessary

technical amendment to properly cover

the regulated commodity. The 1993 Act

also provided for increasing the

exemption level from less than 35,000
65020 Federal Register / Vol. 60, No. 242 / Monday, December 18, 1995 / Rules and Regulations

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 was published in the

April 7, 1994, issue of the Federal

Register (58 FR 3446) inviting

comments on amending the Order to

reflect the provisions of the 1993 Act. A

final rule was published in the February

8, 1995, issue of the Federal Register

(60 FR 7435).

In March 1995, as a result of

terminating the initial Board under the

1993 Act, the Department conducted

nomination meetings to nominate lime

producers and importers for

appointment to the new Board. The

Board members were appointed by the

Secretary in June 1995 and the newly

constituted Board met at the Department

in Washington, D.C. in August 1995. At

this meeting, amid concern over the

changing character of the lime industry,

the Board voted that a referendum be

conducted before the Order is fully

implemented to determine industry

support.

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 several

more years because Florida accounted

for a majority of domestic production.

Imports currently represent roughly 94

percent of lime shipments in the United

States.

In response to the Board’s vote, an

interim final rule with request for

comments containing a referendum

order and procedures was published in

the October 11, 1995, issue of the

Federal Register (60 FR 52835). No

comments were received.

A representative period from

September 1, 1994, through August 31,

1995, was established to determine

voter eligibility in the referendum.

Persons who produced, produced and

handled, or imported 200,000 more

pounds of limes for the fresh market

during this period were eligible to vote.

A voting period from November 1, 1995,

through November 15, 1995, was

established to allow eligible persons an

opportunity to vote.

Continuance of the Order was favored

by only 28 percent of the producers,

producer-handlers, and importers

casting valid ballots in the referendum.

Thus, it is found and determined that a

majority of persons casting valid ballots

in the referendum do not favor

continuance of the Order. Accordingly,

it is found and determined that the

Order does not tend to effectuate the

declared policy of the Act. For these

reasons, in accordance with the

provisions of the Act, this action will

terminate 7 CFR 1212 in its entirety.

It is also 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) A continuance referendum

was conducted in November 1995 and

a majority of persons voting in the

referendum did not favor continuance of

the Order; (2) it has been determined

that the Order does not tend to

effectuate the declared policy of the Act;

and (3) no useful purpose would be

served in delaying the effective date of

the termination order.

Termination Order

It is, therefore, ordered, That 7 CFR

part 1212 is hereby terminated effective

on December 18, 1995.

List of Subjects in 7 CFR Part 1212

Administrative practice and

procedure, Advertising, Limes,

Marketing agreements, Reporting and

recordkeeping requirements.

PART 1212—[REMOVED]

For the reasons set forth in the

preamble, and under the authority of 7

U.S.C. 6201–6212, 7 CFR Part 1212 is

removed.

Dated: December 12, 1995,

Lon Hatamiya,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–30671 Filed 12–15–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AWP–29]

Amendment of Class E Airspace;

Bullhead City, AZ

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the Class

E airspace area at Bullhead City, AZ.

Additional controlled airspace is

required for aircraft executing

instrument approach procedures at

Laughlin/Bullhead International

Airport. The intended effect of this

action is to provide adequate controlled

airspace for Instrument Flight Rules

(IFR) operations at Laughlin/Bullhead

International Airport, Bullhead City,

AZ.

EFFECTIVE DATE: 0901 UTC February 29,

1996.

FOR FURTHER INFORMATION CONTACT:

Scott Speer, Airspace Specialist, System

Management Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California, 90261,

telephone (310) 725–6533.

SUPPLEMENTARY INFORMATION:

History

On October 20, 1995, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) by amending the Class E

airspace area at Bullhead City, AZ (60

FR 54205).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments were received. Class E

airspace designations are published in

Paragraph 6005 of FAA Order 7400.9C,

dated August 17, 1995, and effective

September 16, 1995, which is

incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in this Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) amends the Class E airspace

area at Bullhead City, AZ. The intended

effect of this action is to provide

adequate Class E Airspace for aircraft

executing the Standard Instrument

Approach Procedure at Laughlin/

Bullhead International Airport,

Bullhead City, AZ.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 10034; February 26, 1979); and (3)

does not warrant preparation of a

Regulatory Evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities