8926 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

producers, handlers and importers since

it permits Florida grapefruit handlers

and importers to make available those

sizes of fruit needed to meet consumer

needs consistent with this season’s crop

and market conditions.

The interim final rule concerning this

action was published in the November

8, 1994, Federal Register (59 FR 55571),

with a 30-day comment period ending

December 8, 1994. No comments were

received.

Section 8e of the Act provides that

when certain domestically produced

commodities, including grapefruit, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, and maturity requirements.

Since this rule relaxes the minimum

size requirement under the domestic

handling regulations, a corresponding

change to the import regulations is

necessary.

This rule relaxes the minimum size

requirements for imported red seedless

grapefruit to 35⁄16 inches in diameter

(size 56) through November 12, 1995, to

reflect the relaxation being made under

the order for grapefruit grown in

Florida.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this final rule.

Based on the above, the Administrator

of the AMS has determined that this

rule will not have a significant

economic impact on a substantial

number of small entities.

After consideration of all relevant

material presented, the information and

recommendations submitted by the

committee, and other information, it is

found that finalizing the interim final

rule without change, as published in the

Federal Register (59 FR 55571) will

tend to effectuate the declared policy of

the Act.

List of Subjects 7 CFR Parts 905 and

944

Grapefruit, Marketing agreements,

Oranges, Reporting and recordkeeping

requirements, Tangelos, Tangerines.

PART 905—ORANGES, GRAPEFRUIT,

TANGERINES, AND TANGELOS

GROWN IN FLORIDA

Accordingly, the interim final rule

amending 7 CFR Part 905 which was

published at 59 55571 on November 8,

1994, is adopted as a final rule without

change.

PART 944—FRUIT; IMPORT

REGULATIONS

The interim final rule amending 7

CFR Part 944 which was published at 59

FR 55571 on November 8, 1994, is

adopted as a final rule without change.

Dated: February 8, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–3838 Filed 2–15–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR PART 915

[Docket No. FV93–911–1FR; Amendment]

Increase in Expenses for Marketing

Order Covering Avocados Grown in

South Florida

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule; amendment.

SUMMARY: The Department of

Agriculture (Department) is amending

the final rule that authorized expenses

and established an assessment rate for

the Florida Avocado Administrative

Committee (Committee) under

Marketing Order No. 915 for the 1994–

95 fiscal year. This final rule authorizes

an increased level of expenses for the

1994–95 fiscal year. Authorization of

this budget enables the Committee to

incur expenses that are reasonable and

necessary to administer its program.

Funds to administer the program are

derived from assessments on handlers.

EFFECTIVE DATE: April 1, 1994, through

March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Britthany E. Beadle, Marketing Order

Administration Branch, F&V, AMS,

USDA, P.O. Box 96456, Room 2524–S,

Washington, DC 20090–6456; telephone:

(202) 720–5127; or Aleck Jonas,

Southeast Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, P.O. Box 2276, Winter

Haven, Florida 338833, telephone: (813)

299–4770.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement and Order No. 915 (7 CFR

Part 915), as amended, regulating the

handling of avocados grown in south

Florida. 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 is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule increases the

authorized level of expenses for the

1994–95 fiscal year which began April

1, 1994, and ends March 31, 1995. This

final 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 requesting 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 in

equity to review the Secretary’s ruling

on the petition, provided a bill in equity

is filed not later than 20 days after date

of the entry of the ruling.

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

action 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.

Marketing orders issued pursuant to the

Act, and 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 95 producers

of avocados grown in south Florida, and

approximately 65 handlers who are

subject to regulation under the avocado

marketing order. Small agricultural

producers have been defined by the

Small Business Administration [13 CFR

121.601] as those having annual receipts

of less than $500,000, and small

agricultural service firms are defined as

those whose annual receipts are less

than $5,000,000. The majority of the

avocado producers and handlers may be

classified as small entities.

The marketing order requires that the

assessment rate for a particular fiscal

year shall apply to all assessable

avocados handled from the beginning of
Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8927

such year. An annual budget of

expenses is prepared by the Committee

and submitted to the Department for

approval. The members of the

Committee are producers and handlers

of avocados. They are familiar with the

Committee’s needs and with the costs

for goods, services, and personnel in its

area and are thus in a position to

formulate an appropriate budget. The

budget is formulated and discussed in a

public meeting. Thus, all directly

affected persons have an opportunity to

participate and provide input.

The assessment rate recommended by

the Committee is derived by dividing

anticipated expenses by expected

shipments of avocados. Because this

rate is applied to actual shipments, it

must be established at a rate which will

produce sufficient income to pay the

Committee’s expected expenses.

Expenses for the Committee are

incurred on a continuous basis.

Therefore, the budget and assessment

rate approval must be expedited so that

the Committee will have funds to pay its

expenses.

The Committee met on December 8,

1993, and unanimously recommended

1994–95 marketing order expenditures

of $97,000 and an assessment rate of

$0.16 per 55-pound bushel of avocados.

In comparison, 1993–94 fiscal year

budgeted expenditures were $113,846,

which is $16,846 more than the $97,000

recommended for the 1994–95 fiscal

year. The assessment rate of $0.16 per

bushel remained the same as last year’s

assessment rate of $0.16. The major

budget categories for 1994–95 were

$28,000 for administrative staff salaries,

$15,600 for compliance, and $10,100 for

employee benefits.

Assessment income for 1994–95 was

estimated to total $96,000 based on

anticipated fresh domestic shipments of

600,000 55-pound bushels of avocados.

Interest on savings was expected to add

an additional $1,000 to income.

Sufficient reserve funds were available

to cover any unexpected shortfall in

projected income. Funds in the reserve

at the end of the 1994–95 fiscal year

were estimated to be $100,000. These

reserve funds will be within the

maximum permitted by the order of

three fiscal years’ expenses.

The expenses and assessment rate

were authorized by an interim final rule

issued on January 25, 1994, and

published in the Federal Register (59

FR 5073, February 3, 1994). A 30-day

comment period was provided for

interested persons. No comments were

received.

The Committee met again on March 9,

1994, and unanimously recommended

to increase expenses from $97,000 to

$99,500, an increase of $2,500 in

expenses from the previously

authorized amount. The additional

funds provided money for increased

monitoring of water table levels in south

Florida. No change was recommended

for the assessment rate. Sufficient

reserve funds were available to cover

the increased expenses.

The increase in expenses was

authorized in the finalization of the

interim final rule issued on April 15,

1994, and published in the Federal

Register (59 FR 18943, April 21, 1994).

The Committee met again on

November 9, 1994, and unanimously

recommended to further increase

expenses by $16,920. This increases the

total 1994–95 expense amount from

$99,500 to $116,420. The additional

increase in expenses was recommended

to provide funding for the Avocado Lace

Bug Research Project. The avocado lace

bug has been the most persistent pest of

the avocado and its population numbers

have been increasing for the last two

years. No change was recommended in

the approved assessment rate. Adequate

funds exist in the Committee’s reserve

to cover the increase in expenses.

This action will not impose additional

costs on handlers. 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 Committee 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.

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

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice or to engage in

further public procedure prior to putting

this rule into effect and that good cause

exists for not postponing the effective

date of this action until 30 days after

publication in the Federal Register

because: (1) The fiscal year began on

April 1, 1994, and the Committee needs

to have approval to pay its expenses

which are incurred on a continuous

basis; (2) handlers are aware of this

action which was unanimously

recommended by the Committee at a

public meeting; and (3) no increase in

the assessment rate is being

recommended so no additional funds

will need to be collected from handlers.

List of Subjects in CFR Part 915

Avocados, Marketing agreements,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR Part 915 is hereby

amended as follows:

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

1. The authority citation for 7 CFR

Part 915 continues to read as follows:

Authority: 7 U.S.C. 601–674.

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 915.232 [Amended]

2. Section 915.232 is amended by

removing the number ‘‘$99,500’’ and

adding in its place ‘‘$116,420’’.

Dated: February 8, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–3837 Filed 2–15–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–118–AD; Amendment

39–9142; AD 95–03–05]

Airworthiness Directives; Fokker

Model F28 Mark 0100 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0100 series airplanes, that requires

an inspection to detect cracks in the

cleats at certain rib stations of the wing,

and replacement of the cracked cleats

with new cleats. This amendment is

prompted by a report that, during

manufacture of the wings of these

airplanes, cracks were discovered in the

cleats at the left- and right-hand rib

station 8200 of the wing due to

improper installation of certain bolts.

The actions specified by this AD are

intended to prevent cracking of the

cleats, which could result in reduced

structural integrity of the wing.

DATES: Effective March 20, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 20,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained