This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

18539

Vol. 60, No. 70

Wednesday, April 12, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Docket No. FV94–932–2FIR]

Olives Grown in California; Expenses

and Assessment Rate for 1995 Fiscal

Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, without change, the

provisions of an interim final rule that

authorized expenses and established an

assessment rate for the California Olive

Committee (Committee) under

Marketing Order No. 932 for the 1995

fiscal year. Authorization of this budget

enables the Committee to incur

expenses that are reasonable and

necessary to administer this program.

Funds to administer this program are

derived from assessments on handlers.

EFFECTIVE DATES: January 1, 1995,

through December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Caroline C. Thorpe, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC 20090–6456, telephone: (202) 720–

5127; or Terry Vawter, California

Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, 2202

Monterey Street, suite 102B, Fresno,

California 93721, telephone: (209) 487–

5901.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement and Order No. 932 (7 CFR

part 932), as amended, regulating the

handling of olives grown in California.

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. Under the marketing

order provisions now in effect, olives

grown in California are subject to

assessments. It is intended that the

assessment rate specified herein will be

applicable to all assessable olives and

expenses applied to the 1995 fiscal year,

beginning January 1, 1995, through

December 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 the 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.

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 5 handlers of olives

regulated under the marketing order

each season and approximately 1,350

olive producers in California. 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. None

of the handlers may be classified as

small entities. The majority of the

producers may be classified as small

entities.

The marketing order, administered by

the Department, requires that the

assessment rate for a particular fiscal

year apply to all assessable olives.

Annual budgets of expenses are

prepared by the Committee, the agency

responsible for local administration of

this marketing order, and submitted to

the Department for approval. The

members of the Committee are handlers

and producers of California olives. They

are familiar with the Committee’s needs

and with the costs for goods, services,

and personnel in their local area, and

are thus in a position to formulate

appropriate budgets. The Committee’s

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

the anticipated expenses by actual

receipts of olives by handlers. Because

that rate is applied to olive receipts, it

must be established at a rate which will

provide sufficient income to pay the

Committee’s expected expenses.

The California Olive Committee met

on December 8, 1994, and unanimously

recommended a total expense amount of

$2,881,650, for its 1995 budget. This is

$866,640 less in expenses than the

previous year.

The Committee also unanimously

recommended an assessment rate of

$30.04 per ton for the 1995 fiscal year,

which is $2.83 more in the assessment

rate from the 1994 fiscal year. The

assessment rate, when applied to actual

receipts of 69,300 tons from the 1994

olive crop, would yield $2,081,772 in

assessment income. This, along with

approximately $800,000 from the

Committee’s authorized reserves will be

adequate to cover estimated expenses.

Major expense categories for the 1995

fiscal year include $1,479,000 for

marketing expenses, $682,000 for food
18540 Federal Register / Vol. 60, No. 70 / Wednesday, April 12, 1995 / Rules and Regulations

services, and $178,630 for salaries.

Funds in the reserve at the end of the

fiscal year, estimated at $200,000 will be

within the maximum permitted by the

order of one fiscal year’s expenses.

An interim final rule was issued on

January 18, 1995, and published in the

Federal Register. That rule provided a

30-day comment period which ended

February 23, 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 all handlers. Some of the additional

costs may be passed on to producers.

However, these costs should be

significantly offset by the benefits

derived from 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.

It is found that the specified expenses

for the marketing order covered in this

rule are reasonable and likely to be

incurred and that such expenses and the

specified assessment rate to cover such

expenses 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 fiscal year

for the program began January 1, 1995.

The marketing order requires that the

rate of assessment apply to all

assessable olives as applicable during

the fiscal year. In addition, handlers are

aware of this action which was

recommended by the Committee at a

public meeting and published in the

Federal Register as an interim final rule

that is adopted in this action as a final

rule without change.

List of Subjects in 7 CFR Part 932

Marketing agreements, Olives,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 932 is amended as

follows:

PART 932—OLIVES GROWN IN

CALIFORNIA

Accordingly, the interim final rule

amending 7 CFR part 932 which was

published at 60 FR 4531 on January 24,

1995, is adopted as a final rule without

change.

Dated: April 6, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–8947 Filed 4–11–95; 8:45 am]

BILLING CODE 3410–02–P

Food Safety and Inspection Service

9 CFR Part 327

[Docket No. 94–010F]

Imported Product: Withdrawal of

Czechoslovakia; Addition of the Czech

Republic to the List of Eligible

Countries

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Notice; affirmation of effective

date.

SUMMARY: On February 24, 1995, the

Food Safety and Inspection Service

(FSIS) published a direct final rule titled

Imported Product: Withdrawal of

Czechoslovakia; Addition of the Czech

Republic to the List of Eligible

Countries. This direct final rule notified

the public of FSIS’ intention to amend

the Federal meat inspection regulations

by removing Czechoslovakia from the

list of foreign countries eligible to

import meat products to the United

States, and adding the Czech Republic

in its place. No adverse comments were

received in response to the direct final

rule. Therefore, this rule is effective on

April 25, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Paula M. Cohen, Director, Regulations

Development, Policy, Evaluation and

Planning Staff, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250–

3700; (202) 720–7164.

SUPPLEMENTARY INFORMATION: This

notice affirms the effective date of the

direct final rule titled Imported Product:

Withdrawal of Czechoslovakia;

Addition of the Czech Republic to the

List of Eligible Countries that was

published on February 24, 1995, at 60

FR 10305. This direct final rule notified

the public of FSIS’ intention to amend

the Federal meat inspection regulations

by removing Czechoslovakia from the

list of foreign countries eligible to

import meat products to the United

States, and adding the Czech Republic

in its place. We did not receive any

written adverse comments or written

notice of intent to submit adverse

comments in response to this rule.

Therefore, the effective date of the rule

is April 25, 1995.

Done at Washington, DC, on April 5, 1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–8937 Filed 4–11–95; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–ANE–37; Amendment 39–

9192; AD 95–08–03]

Airworthiness Directives; General

Electric Company CF6 Series Turbofan

Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to General Electric Company

(GE) CF6–45/-50 series turbofan

engines, that requires reduction of the

low cycle fatigue (LCF) retirement lives

for certain high pressure turbine rotor

(HPTR) stage 2 disks, and would

provide a drawdown schedule for those

affected parts with reduced LCF

retirement lives. This amendment is

prompted by the results of a refined life

analysis performed by the manufacturer

which revealed minimum calculated

LCF lives significantly lower than

published LCF retirement lives. The

actions specified by this AD are

intended to prevent a LCF failure of the

HPTR stage 2 disk, which could result

in an uncontained engine failure and

damage to the aircraft.

DATES: Effective June 12, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 12,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from General Electric Aircraft Engines,

CF6 Distribution Clerk, Room 132, 111

Merchant Street, Cincinnati, OH 45246.

This information may be examined at

the Federal Aviation Administration

(FAA), New England Region, Office of

the Assistant Chief Counsel, 12 New

England Executive Park, Burlington,

MA; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Robert J. Ganley, Aerospace Engineer,

Engine Certification Office, FAA, Engine

and Propeller Directorate, 12 New

England Executive Park, Burlington, MA