Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12403

other light source or reflections of light

that interfere with, or prohibit the

accurate quality determination of eggs

in the grading or candling area.

(2) The grading and candling

equipment shall provide adequate light

to facilitate quality determinations.

Other light sources and equipment or

facilities shall be provided to permit the

detection and removal of stained and

dirty eggs or other undergrade eggs.

(3) Adequate facilities, equipment,

and light sources shall be provided to

determine the condition of packing

material.

(4) Egg weighing equipment shall be

provided. The egg weighing equipment

shall be constructed to permit cleaning;

operation in a clean, sanitary manner;

and shall be capable of ready

adjustment.

(5) Adequate ventilation shall be

provided.

* * * * *

(e) * * *

(10) Washed eggs shall be sprayrinsed with water having a temperature

equal to, or warmer than, the

temperature of the wash water and

contain an approved sanitizer of not less

than 50 p/m nor more than 200 p/m of

available chlorine or its equivalent.

Alternate procedures, in lieu of a

sanitizer rinse, may be approved by the

National Supervisor.

* * * * *

§§ 56.226, 56.227, and 56.228 [Removed

and Reserved]

9. Sections 56.226, 56.227, and 56.228

are removed and reserved.

10. Section 56.230 is revised to read

as follows:

§ 56.230 Grade.

‘‘U.S. Nest-Run ll% AA Quality’’

shall consist of eggs of current

production of which at least 20 percent

are AA quality; and the actual

percentage of AA quality eggs shall be

stated in the grade name. Within the

maximum of 15 percent which may be

below A quality, not more than 10

percent may be B quality for shell

shape, pronounced ridges or thin spots,

interior quality (including meat or blood

spots), or due to rusty or blackishappearing cage marks or blood stains,

not more than 5 percent may have

adhering dirt or foreign material on the

shell 1⁄2 inch or larger in diameter, not

more than 6 percent may be Checks, and

not more than 3 percent may be Loss.

Marks which are slightly gray in

appearance and adhering dirt or foreign

material on the shell less than 1⁄2 inch

in diameter are not considered quality

factors. The eggs shall be officially

graded for all other quality factors. No

case may contain less than 75 percent A

quality and AA quality eggs in any

combination.

11. Section 56.231 is amended by

revising Table 1 to read as follows:

§ 56.231 Summary of grade.

* * * * *

Nest-run grade, description 1

U.S. nestrun ll

percent AA

quality 2

Minimum percentage of

quality required (lot average) 3

AA quality 4 ............................................................................................................................................. 20

A quality or better 5 ................................................................................................................................. 85

Maximum percentage tolerance permitted (15 percent lot average) 3B quality for shell shape, pronounced ridges or thin spots, interior quality (including blood & meat

spots) or cage marks 6 and blood stains.

10

Checks ................................................................................................................................................... 6

Loss ........................................................................................................................................................ 3

Adhering dirt or foreign material 1⁄2 inch or larger in diameter .............................................................. 5

1Stains (other than rusty or blackish appearing cage marks or blood stains), and adhering dirt and foreign material on the shell less than 1⁄2

inch in diameter shall not be considered as quality factors in determining the grade designation. 2The actual total percentage must be stated in the grade name.

3Substitution of eggs of higher qualities for lower specified qualities is permitted.

4 No case may contain less than 10 percent AA quality.

5 No case may contain less than 75 percent A quality and AA quality eggs in any combination.

6 Cage marks which are rusty or blackish in appearance shall be considered as quality factors. Marks which are slightly gray in appearance are

not considered as quality factors.

12. Section 56.234 is amended by

revising paragraph (c) to read as follows:

§ 56.234 Packaging material.

* * * * *

(c) Sealing: The tops of all cases must

be securely closed, so they will not open

during transportation, by applying

paper gummed, plastic, or other suitable

tape or by methods that would secure

seams made by the closing of the top of

the case. The tape shall extend down

the sides and/or ends of the case a

sufficient length to preclude the top

flaps from opening while permitting the

official identification of the case, as

applicable.

Dated: March 1, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–5543 Filed 3–6–95; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 989

[FV95–989–1IFR]

Raisins Produced From Grapes Grown

In California; Final Free and Reserve

Percentages for the 1994–95 Crop Year

for Zante Currant and Other Seedless

Raisins

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule invites

comments on the establishment of final

free and reserve percentages for 1994

crop Zante Currant and Other Seedless

raisins. The percentages are 40 percent

free and 60 percent reserve for each of

these varietal types. These percentages

are intended to stabilize supplies and

prices and to help counter the

destabilizing effects of the burdensome

oversupply situation facing the raisin

industry. This rule was recommended

by the Raisin Administrative Committee

(Committee), the body which locally

administers the marketing order.
12404 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

DATES: This interim final rule becomes

effective March 7, 1995, and applies to

all Zante Currant and Other Seedless

raisins acquired from the beginning of

the 1994–95 crop year. Comments

which are received by April 6, 1995 will

be considered prior to any finalization

of this interim final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this action. Comments must

be sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456, or faxed

to 202–720–5698. Comments should

reference the docket number and the

date and page number of this issue of

the Federal Register and will be made

available for public inspection in the

Office of the Docket Clerk during regular

business hours.

FOR FURTHER INFORMATION CONTACT:

Richard Van Diest, Marketing Specialist,

California Marketing Field Office, Fruit

and Vegetable Division, AMS, USDA,

2202 Monterey Street, Suite 102B,

Fresno, California 93721; telephone:

(209) 487–5901; or Mark A. Slupek,

Marketing Specialist, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, Room

2523–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: 202–205–

2830.

SUPPLEMENTARY INFORMATION: This

interim final rule is issued under

Marketing Agreement and Order No.

989 (7 CFR part 989), both as amended,

regulating the handling of raisins

produced from grapes grown in

California, hereinafter referred to as the

‘‘order.’’ The order is 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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This interim final rule has been

reviewed under Executive Order 12778,

Civil Justice Reform. Under the

marketing order provisions now in

effect, final free and reserve percentages

may be established for raisins acquired

by handlers during the crop year. This

rule establishes final free and reserve

percentages for Zante Currant and Other

Seedless raisins for the 1994–95 crop

year, beginning August 1, 1994, through

July 31, 1995. This interim 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 exempt 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/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 the

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 20 handlers

of California raisins who are subject to

regulation under the raisin marketing

order, and approximately 4,500

producers in the regulated area. Small

agricultural service firms have been

defined by the Small Business

Administration (13 CFR 121.601) as

those whose annual receipts are less

than $5,000,000, and small agricultural

producers are defined as those having

annual receipts of less than $500,000. A

minority of handlers and a majority of

producers of California raisins may be

classified as small entities.

The order prescribes procedures for

computing trade demands and

preliminary and final percentages that

establish the amount of raisins that can

be marketed throughout the season. The

regulations apply to all handlers of

California raisins. Raisins in the free

percentage category may be shipped

immediately to any market, while

reserve raisins must be held by handlers

in a reserve pool for the account of the

Committee, which is responsible for

local administration of the order. Under

the order, reserve raisins may be: Sold

at a later date by the Committee to

handlers for free use; used in diversion

programs; exported to authorized

countries; carried over as a hedge

against a short crop the following year;

or disposed of in other outlets

noncompetitive with those for free

tonnage raisins.

While this rule may restrict the

amount of Zante Currant and Other

Seedless raisins that enter domestic

markets, final free and reserve

percentages are intended to lessen the

impact of the oversupply situation

facing the industry and promote

stronger marketing conditions, thus

stabilizing prices and supplies and

improving grower returns. In addition to

the quantity of raisins released under

the preliminary percentages and the

final percentages, the order specifies

methods to make available additional

raisins to handlers by requiring sales of

reserve pool raisins for use as free

tonnage raisins under ‘‘10 plus 10’’

offers, and authorizing sales of reserve

raisins under certain conditions.

The Department’s ‘‘Guidelines for

Fruit, Vegetable, and Specialty Crop

Marketing Orders’’ specifies that 110

percent of recent years’ sales should be

made available to primary markets each

season before recommendations for

volume regulation are approved. This

goal is met by the establishment of a

final percentage which releases 100

percent of the trade demand and the

additional release of reserve raisins to

handlers under ‘‘10 plus 10’’ offers. The

‘‘10 plus 10’’ offers are two

simultaneous offers of reserve pool

raisins which are made available to

handlers each season. For each such

offer, a quantity of raisins equal to 10

percent of the prior year’s shipments is

made available for free use.

Pursuant to section 989.54 of the

order, the Committee met on August 15,

1994, to review shipment and inventory

data, and other matters relating to the

supplies of raisins of all varietal types.

The Committee computed a trade

demand for each varietal type for which

a free tonnage percentage might be

recommended. The trade demand is 90

percent of the prior year’s shipments of

free tonnage and reserve tonnage raisins

sold for free use for each varietal type

into all market outlets, adjusted by

subtracting the carryin of each varietal

type on August 1 of the current crop

year and by adding to the trade demand

the desirable carryout for each varietal

type at the end of that crop year. As

specified in section 989.154, the

desirable carryout for each varietal type

shall be equal to the shipments of free

tonnage raisins of the prior crop year

during the months of August,

September, and one half of October. If
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12405

the prior year’s shipments are limited

because of crop conditions, the total

shipments during that period of time

during one of the three years preceding

the prior crop year may be used. In

accordance with these provisions, the

Committee computed and announced a

1994–95 trade demand of 787 tons for

Other Seedless raisins.

Section 989.54 of the order also

authorizes the Committee to consider

factors which pertain to the marketing

of raisins, including an estimated trade

demand which differs from the

computed trade demand. At its August

15, 1994, meeting, the Committee

computed a trade demand of 500 tons

for Zante Currants. The Committee,

however, determined that anticipated

changes in the market conditions for

Zante Currants warranted an estimated

trade demand substantially higher than

this.

Entering this season, the California

raisin industry was carrying a very large

supply of 1992–93 and 1993–94 crop

Zante Currants and projected a record

production in 1994–95. The Committee

recommended actions to help handlers

sell their tonnage at prices competitive

with other currant prices in domestic

and export markets. Because of these

actions, the Committee believed that the

computed trade demand was

insufficient and decided to calculate its

percentages based on an estimated trade

demand of 2,200 tons.

When the Committee met on October

5, 1994, the field price for Zante

Currants had been established, but the

field price for Other Seedless raisins

had not. Section 989.54(b) of the order

requires the Committee to compute

percentages which release 85 percent of

the trade demand for varieties for which

field prices have been established and

65 percent for varieties which have not.

Thus, when the Committee met on that

date, it computed and announced

preliminary crop estimates and

preliminary free and reserve percentages

for Zante Currant and Other Seedless

raisins which released 85 percent and

65 percent of the trade demands,

respectively. The preliminary crop

estimates and preliminary free and

reserve percentages were as follows:

6,074 tons, 31 percent free and 69

percent reserve for Zante Currants; and

4,073 tons, 13 percent free and 87

percent reserve for Other Seedless

Raisins. The Committee also authorized

the Committee staff to increase the

preliminary percentages to release 85

percent of the trade demands for varietal

types without established field prices

when the field prices were established.

For Other Seedless raisins, the

preliminary percentages were adjusted

soon thereafter to 16 percent free and 84

percent reserve.

Also at that meeting, the Committee

computed and announced preliminary

crop estimates and preliminary free and

reserve percentages for Dipped Seedless,

Oleate and Related Seedless, Sultana,

Muscat, Monukka, and Golden Seedless

raisins. On January 12, 1995, the

Committee decided that volume control

percentages only were warranted for

Zante Currant, Other Seedless, and

Natural (sun-dried) Seedless raisins.

The Committee delayed announcing

final percentages for Natural (sun-dried)

Seedless raisins until more shipment

and production information was

available. It determined that the

supplies of the other varietal types

would be less than or close enough to

the computed trade demands for each of

these varietals. Thus, volume control

percentages would not be necessary to

maintain market stability.

Pursuant to section 989.54(c), the

Committee may adopt interim free and

reserve percentages. Interim percentages

may release less than the computed

trade demand for each varietal type.

Interim percentages for both Zante

Currant and Other Seedless raisins of

39.75 percent free and 60.25 percent

reserve were computed and announced

on January 12, 1995. That action

released most, but not all, of the

computed trade demand for Zante

Currant and Other Seedless raisins.

Under section 989.54(d) of the order,

the Committee is required to

recommend to the Secretary, no later

than February 15 of each crop year, final

free and reserve percentages which,

when applied to the final production

estimate of a varietal type, will tend to

release the full trade demand for any

varietal type.

The Committee’s estimates, as of

January 12, 1995, of 1994–95 production

of Zante Currant and Other Seedless

raisins are 5,507 and 1,973 tons,

respectively. For Zante Currants,

dividing the estimated trade demand of

2,200 tons by the final estimate of

production results in a final free

percentage of 40 percent and a final

reserve percentage of 60 percent. For

Other Seedless raisins, dividing the

computed trade demand of 787 tons by

the final estimate of production results

in a final free percentage of 40 percent

and a final reserve percentage of 60

percent.

Based on available information, the

Administrator of the AMS has

determined that the issuance of this

interim final rule will not have a

significant economic impact on a

substantial number of small entities.

After consideration of all relevant

information presented, including the

Committee’s recommendations and

other information, it is found that this

regulation, 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 that upon good

cause it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) The relevant provisions of

this part require that the percentages

designated herein for the 1994–95 crop

year apply to all Zante Currant and

Other Seedless raisins acquired from the

beginning of that crop year; (2) handlers

are currently marketing 1994–95 crop

raisins of the Zante Currant and Other

Seedless varietal types and this action

should be taken promptly to achieve the

intended purpose of making the full

trade demand available to handlers; (3)

handlers are aware of this action, which

was recommended by the Committee at

an open meeting, and need no

additional time to comply with these

percentages; and (4) this interim final

rule provides a 30-day period for

written comments and all comments

received will be considered prior to

finalization of this interim final rule.

List of Subjects in 7 CFR Part 989

Grapes, Marketing agreements,

Raisins, Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 989 is amended as

follows:

PART 989—RAISINS PRODUCED

FROM GRAPES GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

part 989 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 989.247 is added to

Subpart—Supplementary Regulations to

read as follows:

Note: This section will not appear in the

annual Code of Federal Regulations.

§ 989.247 Final free and reserve

percentages for the 1994–95 crop year.

The final percentages for Zante

Currant and Other Seedless raisins

acquired by handlers during the crop

year beginning on August 1, 1994,

which shall be free tonnage and reserve

tonnage, respectively, are designated as

follows:
12406 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

Percentage

Free

percentageReserve

Zante Currant ................... 40 60

Other Seedless ................. 40 60

Dated: March 1, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–5542 Filed 3–6–95; 8:45 am]

BILLING CODE 3410–02–W

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–CE–07–AD; Amendment 39–

9162; AD 95–04–10]

Airworthiness Directives; Beech

Aircraft Corporation Models 34C, T–

34C, and T–34C–1 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to certain Beech Aircraft

Corporation (Beech) Models 34C, T–

34C, and T–34C–1 airplanes. This action

requires replacing the eight wing

attachment steel bolts and hardware

with Inconel bolts and hardware. A

report of the right lower aft wing

attachment nut assembly separating in

two pieces on a Model T–34C–1

airplane prompted this action. The

actions specified by this AD are

intended to prevent the wing from

separating from the fuselage because of

failure of this assembly.

DATES: Effective April 7, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 7,

1995.

ADDRESSES: Service information that

applies to this AD may be obtained from

the Beech Aircraft Corporation, P.O. Box

85, Wichita, Kansas 67201–0085. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry Engler, Aerospace Engineer,

Wichita Aircraft Certification Office,

FAA, 1801 Airport Road, Mid-Continent

Airport, Wichita, Kansas 67209;

telephone (316) 946–4122; facsimile

(316) 946–4407.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an AD that would apply to

certain Beech Models 34–C, T–34C, and

T–34C–1 airplanes was published in the

Federal Register on October 25, 1994

(59 FR 53613). The action proposed to

require replacing the eight wing

attachment steel bolts and hardware

with Inconel bolts and hardware.

Accomplishment of the proposed

replacements would be in accordance

with Beech Service Bulletin No. 2487,

dated August 1993.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

After careful review of all information

related to the subject discussed above,

the FAA has determined that air safety

and the public interest require the

adoption of the rule as proposed except

for minor editorial corrections. The FAA

has determined that these minor

corrections will not change the meaning

of the AD or add any additional burden

upon the public than was already

proposed.

The compliance time of this AD is

presented in calendar time instead of

hours time-in-service (TIS). The FAA

has determined that a calendar time

compliance is the most desirable

method because the unsafe condition

described by this AD is caused by stress

corrosion. Stress corrosion initiates as a

result of airplane operation, but can

continue to develop regardless of

whether the airplane is in service or in

storage. Therefore, to ensure that the

above-referenced condition is detected

and corrected on all airplanes within a

reasonable period of time without

inadvertently grounding any airplanes, a

compliance schedule based upon

calendar time instead of hours TIS is

required.

The FAA estimates that 494 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

8 workhours per airplane to accomplish

the required action, and that the average

labor rate is approximately $60 an hour.

Parts cost approximately $800 per

airplane. Based on these figures, the

total cost impact of the AD on U.S.

operators is estimated to be $632,320.

This figure is based on the assumption

that no affected airplane owner/operator

has accomplished the required

replacement.

The Beech Aircraft Company has

informed the FAA that 89 wing

attachment assembly kits have been

sold. Assuming that each of these kits is

installed on an affected airplane, this

would reduce the cost impact of the

required AD upon U.S. operators of the

affected airplanes by $113,920 from

$632,320 to $518,400.

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (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 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the final

evaluation prepared for this action is

contained in the Rules Docket. A copy

of it may be obtained by contacting the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

95–04–10 Beech Aircraft Corporation:

Amendment 39–9162; Docket No. 94–

CE–07–AD.

Applicability: The following model and

serial number airplanes, certificated in any