15082 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

Grading factors

Grades U.S. Nos.

1 2 3 4

Foreign material ........................................................................................................ 0.5 1.0 2.0 3.0

Wild oats ............................................................................................................ 1.0 1.0 2.0 3.0

Other grains ....................................................................................................... 2.0 3.0 4.0 5.0

Skinned and broken kernels:

Six-rowed ........................................................................................................... 4.0 6.0 8.0 10.0

Two-rowed ......................................................................................................... 5.0 7.0 10.0 10.0

Thin barley:

Six-rowed ........................................................................................................... 7.0 10.0 15.0 15.0

Two-rowed ......................................................................................................... 5.0 7.0 10.0 10.0

Stones ................................................................................................................ 0.2 0.2 0.2 0.2

Maximum count limits of: 2

Other material:

Animal filth ......................................................................................................... 9 9 9 9

Castor beans ...................................................................................................... 1 1 1 1

Cockleburs ......................................................................................................... 7 7 7 7

Crotalaria seeds ................................................................................................. 2 2 2 2

Glass .................................................................................................................. 1 1 1 1

Stones ................................................................................................................ 7 7 7 7

Unknown foreign substance .............................................................................. 3 3 3 3

1 Injured-by-frost and injured-by-mold kernels are not considered damaged kernels or count as a deduction against sound barley.

2 Determined on a representative sample before the removal of dockage, except for stones. Determine stones on a dockage-free sample.

Malting barley shall not be infested in accordance with § 810.107(b) and shall not contain any special grades as

defined in § 810.206. Six- and Two-rowed barley varieties not meeting the above requirements shall be graded in accordance with standards established for the class Barley.

9. Section 810.205 is removed and § 810.206 is redesignated as 810.205 and revised to read as follows:

§ 810.205 Grades and Grade Requirements for Barley.

Grading factor

Grades U.S. Nos.

1 2 3 4 5

Minimum limits of:

Test weight ........................................................................................ 47.0 45.0 43.0 40.0 36.0

Minimum percent limits of:

Sound barley 1 ................................................................................... 97.0 94.0 90.0 85.0 75.0

Maximum percent limits of:

Broken kernels .................................................................................. 4.0 8.0 12.0 18.0 28.0

Stones ............................................................................................... 0.2 0.2 0.2 0.2 0.2

Maximum count limits of: 2

Other material:

Animal filth ................................................................................. 9 9 9 9 9

Castor beans .............................................................................. 1 1 1 1 1

Cockleburs ................................................................................. 7 7 7 7 7

Crotalaria seeds ......................................................................... 2 2 2 2 2

Glass .......................................................................................... 1 1 1 1 1

Stones ........................................................................................ 7 7 7 7 7

Unknown foreign substance ....................................................... 3 3 3 3 3

1 Injured-by-frost and injured-by-mold kernels are not considered damaged kernels or count as a deduction against sound barley.

2 Determined on a representative sample before the removal of dockage, except for stones. Determine stones on a dockage-free sample.

U.S. Sample grade shall be barley

that: (a) does not meet the requirements

for the grades U.S. Nos. 1, 2, 3, 4, or 5;

(b) has a musty, sour, or commercially

objectionable foreign odor; or (c) is

heating or of distinctly low quality.

§ 810.20 [Redesignated as § 810.206]

10. Section 810.207 is redesignated as

810.206.

Dated: March 15, 1995.

James R. Baker,

Administrator, Grain Inspection, Packers and

Stockyards Administration.

[FR Doc. 95–6905 Filed 3–21–95; 8:45 am]

BILLING CODE 3410–EN–P

Agricultural Marketing Service

7 CFR Part 1220

[No. LS–94–003]

RIN 0581–AB18

Soybean Promotion and Research:

Amend the Order To Adjust

Representation on the United Soybean

Board and Adjust Number of Board

Meetings Required

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

adjust the number of members for

certain States on the United Soybean

Board (Board) to reflect changes in

production levels that have occurred

since the Board was appointed in 1991

and decrease the number of required

Board meetings from four a year to three

a year.

DATES: Written comments must be

received by April 21, 1995.

ADDRESSES: Send two copies of

comments to Ralph L. Tapp, Chief;

Marketing Programs Branch; Livestock

and Seed Division; Agricultural

Marketing Service (AMS), USDA, Room
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules 15083

2624–S; P.O. Box 96456; Washington,

D.C. 20090–6456. Comments will be

available for public inspection during

regular business hours at the above

office in Room 2624, South Agricultural

Building, 14th and Independence

Avenue, SW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief, Marketing

Programs Branch, 202/720–1115.

SUPPLEMENTARY INFORMATION:

Executive Orders 12866 and 12778, and

Regulatory Flexibility Act

The Department of Agriculture is

issuing this rule in conformance with

Executive Order 12866.

This proposed rule has been reviewed

under Executive Order No. 12778, Civil

Justice Reform. It is not intended to

have a retroactive effect.

The Soybean Promotion, Research,

and Consumer Information Act (Act)

provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

§ 1971 of the Act, a person subject to the

Soybean Promotion and Research Order

(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 an exemption from the Order. The

petitioner has the opportunity for a

hearing on the petition. After a hearing

the Secretary will rule on the petition.

The statute provides that the district

court of the United States in any district

in which the person resides or carries

on a business has jurisdiction to review

a ruling on the petition if a complaint

for that purpose is filed not later than

20 days after the date of the entry of the

ruling.

Further, section 1974 of the Act

provides, with certain exceptions, that

nothing in the Act may be construed to

preempt or supersede any other program

organized and operated under the laws

of the United States or any State relating

to soybean promotion, research,

consumer information, or industry

information. One exception in the Act

concerns assessments collected by

Qualified State Soybean Boards

(QSSBs). This exception provides that,

in order to ensure adequate funding of

the operations of QSSBs under the Act,

no State law or regulation may limit or

have the effect of limiting the full

amount of assessments that a QSSB in

that State may collect, and which is

authorized to be credited under the Act.

Another exception concerns certain

referenda conducted during specified

periods by a State relating to the

continuation or termination of a QSSB

or State soybean assessment.

This action has also been reviewed

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). This proposed rule

would adjust representation on the

Board to reflect changes in production

levels that have occurred since the

Board was appointed in 1991. The

Administrator of AMS has determined

that this rule will not have a significant

economic impact on a substantial

number of small business entities.

Background

The Act (7 U.S.C. 6301–6311)

provides for the establishment of a

coordinated program of promotion and

research designed to strengthen the

soybean industry’s position in the

marketplace, and to maintain and

expand domestic and foreign markets

and uses for soybeans and soybean

products. The program is financed by an

assessment of 0.5 of one percent of the

net market price of soybeans sold by

producers. Pursuant to the Act, an Order

was made effective July 9, 1991. The

Order established a Board of 60

members. For purposes of establishing

the Board, the United States was

divided into 31 geographic units.

Representation on the Board from each

unit was determined by the level of

production in each unit. The Secretary

appointed the initial Board on July 11,

1991.

Section 1220.201(c) of the Order

provides that at the end of each three (3)

year period, the Board shall review

soybean production levels in the

geographic units throughout the United

States. The Board may recommend to

the Secretary modification in the levels

of production necessary for Board

membership for each unit. At its

September 1994 meeting, the Board

voted to recommend to the Secretary

that no modification be made.

Section 1220.201(d) of the Order

provides that at the end of each three (3)

year period, the Secretary must review

the volume of production of each unit

and adjust the boundaries of any unit

and the number of Board members from

each such unit as necessary to conform

with the criteria set forth in

§ 1220.201(e): (1) To the extent

practicable, States with annual average

soybean production of less than

3,000,000 bushels shall be grouped into

geographically contiguous units, each of

which has a combined production level

equal to or greater than 3,000,000

bushels, and each such group shall be

entitled to at least one member on the

Board; (2) units with at least 3,000,000

bushels, but fewer than 15,000,000

bushels shall be entitled to one Board

member; (3) units with 15,000,000

bushels or more but fewer than

70,000,000 bushels shall be entitled to

two Board members; (4) units with

70,000,000 bushels or more but fewer

than 200,000,000 bushels shall be

entitled to three Board members; and (5)

units with 200,000,000 bushels or more

shall be entitled to four Board members.

Current representation on the Board is

based on average production levels for

the years 1985–89 (excluding the crops

in years in which production was the

highest and in which production was

the lowest) as reported by the National

Agricultural Statistics Service (NASS) of

the U.S. Department of Agriculture.

Proposed representation on the Board

is based on average production levels

for the years 1989–93 (excluding the

crops in years in which production was

the highest and in which production

was the lowest) as reported by NASS.

This proposed rule would adjust

representation on the Board as follows:

State Current representation

Proposed

representation

Florida ............... 1 0

Georgia ............. 2 1

South Carolina .. 2 1

Wisconsin .......... 1 2

Maryland ........... 1 2

Florida would join the Eastern Region

unit, and be represented by its Board

representative.

The 1994 nomination and

appointment process was in progress

while this proposed rule was being

developed. Therefore, Board adjustment

as proposed by this rulemaking would

be effective, if adopted, with the 1995

nominations and appointments.

Section 1220.212(a) of the Order

provides that the Board shall meet at

least four times a year, and more often

if necessary for the Board to carry out

its responsibilities. The Board, which

operates under a 5 percent

administrative cap, has recommended to

the Secretary that in order to reduce its

administrative costs and comply with

the 5 percent cap, § 1220.212(a) be

amended to reduce the number of

required yearly Board meetings to three.

This proposed amendment would

reduce the required minimum number

of Board meetings from four to three a

year.

List of Subjects in 7 CFR Part 1220

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements,

Soybeans and soybean products,

Reporting and recordkeeping

requirements.
15084 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Proposed Rules

For the reasons set forth in the

preamble, it is proposed that title 7 of

the CFR part 1220 be amended as

follows:

PART 1220—SOYBEAN PROMOTION,

RESEARCH, AND CONSUMER

INFORMATION

1. The authority citation for 7 CFR

Part 1220 continues to read as follows:

Authority: 7 U.S.C. 6301–6311.

2. Section 1220.201 is amended by

revising the section heading and

paragraph (a), removing paragraph (f),

and redesignating paragraph (g) as

paragraph (f) as follows:

§ 1220.201 Membership of board.

(a) For the purposes of nominating

and appointing producers to the Board,

the United States shall be divided into

30 geographic units and the number of

Board members from each unit, subject

to paragraphs (d) and (e) of this section

shall be as follows:

Unit No. of

members

Illinois ........................................ 4

Iowa .......................................... 4

Minnesota ................................. 3

Indiana ...................................... 3

Missouri .................................... 3

Ohio .......................................... 3

Arkansas ................................... 3

Nebraska .................................. 3

Mississippi ................................ 2

Kansas ...................................... 2

Louisiana .................................. 2

South Dakota ............................ 2

Tennessee ................................ 2

North Carolina .......................... 2

Kentucky ................................... 2

Michigan ................................... 2

Virginia ...................................... 2

Maryland ................................... 2

Wisconsin ................................. 2

Georgia ..................................... 1

South Carolina .......................... 1

Alabama .................................... 1

North Dakota ............................ 1

Delaware ................................... 1

Texas ........................................ 1

Pennsylvania ............................ 1

Oklahoma ................................. 1

New Jersey ............................... 1

Eastern Region (New York,

Massachusetts, Connecticut,

Florida, Rhode Island, Vermont, New Hampshire,

Maine, West Virginia, District

of Columbia, and Puerto

Rico) ...................................... 1

Western Region (Montana, Wyoming, Colorado, New Mexico, Idaho, Utah, Arizona,

Washington, Oregon, Nevada, California, Hawaii, and

Alaska) .................................. 1

* * * * *

2. In § 1220.212, paragraph (a) is

revised to read as follows:

§ 1220.212 Duties.

* * * * *

(a) To meet not less than three times

annually, or more often if required for

the Board to carry out its

responsibilities pursuant to this subpart.

* * * * *

Dated: March 15, 1995.

Lon Hatamiya,

Administrator.

[FR Doc. 95–6915 Filed 3–21–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–36–AD]

Airworthiness Directives; Aerospatiale

Model ATR72–100 and –200 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Supplemental notice of

proposed rulemaking; reopening of

comment period.

SUMMARY: This document revises an

earlier proposed airworthiness directive

(AD), applicable to certain Model

ATR72–100 and –200 series airplanes,

that would have required a one-time dye

penetrant inspection to detect cracking

in certain hinge pins of the nose landing

gear (NLG), and replacement of cracked

pins with crack-free pins. That proposal

was prompted by reports of cracking of

certain hinge pins in the NLG. This

action revises the proposed rule by

shortening the compliance time to

perform the inspection of the hinge pins

of the NLG. The actions specified by

this proposed AD are intended to

prevent collapse of the NLG due to

cracking of the hinge pins.

DATES: Comments must be received by

May 1, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 94–NM–

36–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Aerospatiale, 316 Route de Bayonne,

31060 Toulouse, Cedex 03, France. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Sam

Grober, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1187; fax (206) 227–1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 94–NM–36–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

94–NM–36–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to add an airworthiness

directive (AD), applicable to certain

Aerospatiale Model ATR72–100 and

–200 series airplanes, was published as

a notice of proposed rulemaking

(NPRM) in the Federal Register on May