19164 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

7 CFR Part 917

Marketing agreements, Peaches, Pears,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR Parts 916 and 917 are

amended as follows:

1. The authority citation for 7 CFR

Parts 916 and 917 continues to read as

follows:

Authority: 7 U.S.C. 601–674.

PART 916—NECTARINES GROWN IN

CALIFORNIA

2. Section 916.350 is amended by

adding a new paragraph (d) to read as

follows:

§ 916.350 California Nectarine Container

and Pack Regulation.

* * * * *

(d) During the period April 1 through

October 31, 1996, each container or

package when packed with nectarines

meeting CA Utility requirements, shall

bear the words ‘‘CA Utility’’, along with

all other required container markings, in

letters of 3⁄4 inch minimum height on

the visible display panel. Consumer

bags or packages must also be clearly

marked on the bag or package as ‘‘CA

Utility’’ along with other required

markings.

3. Section 916.356 is amended by

revising paragraph (a)(1) to read as

follows:

§ 916.356 California Nectarine Grade and

Size Regulation.

(a) * * *

(1) Any lot or package or container of

any variety of nectarines unless such

nectarines meet the requirements of U.S.

No. 1 grade: Provided, that nectarines 2

inches in diameter or smaller, shall not

have fairly light colored, fairly smooth

scars which exceed an aggregate area of

a circle 3⁄8 inch in diameter, and

nectarines larger than 2 inches in

diameter shall not have fairly light

colored, fairly smooth scars which

exceed an aggregate area of a circle 1⁄2

inch in diameter: Provided further, That

an additional tolerance of 25 percent

shall be permitted for fruit that is not

well formed but not badly misshapen.

Provided further, That during the period

April 1 through October 31, 1996, any

handler may handle nectarines if such

nectarines meet ‘‘CA Utility’’ quality

requirements. The term ‘‘CA Utility’’

means that not more than 30 percent of

the nectarines in any container meet or

exceed the requirements of the U.S. No.

1 grade and that such nectarines are

mature and are:

(i) Free from insect injury which has

penetrated or damaged the flesh; split

pits which cause an unhealed crack or

one or more well healed cracks which,

either singly or in the aggregate, are

more than 3⁄8 inch in length; mold,

brown rot, and decay which has affected

the edible portion; and

(ii) Free from serious damage due to

skin breaks, cuts, growth cracks, bruises,

or other causes.

(iii) Tolerances. Not more than 10

percent, by count, of the nectarines in

any one container may be below the

requirements which are prescribed by

this subparagraph, including not more

than 5 percent, by count, for any one

defect, except split pits. An additional

tolerance of 10 percent, by count, of the

nectarines in any one container or bulk

lot may contain nectarines affected with

split pits. This means a total tolerance

of 20 percent is allowed for all defects,

including split pits, but not to exceed 15

percent for split pits alone.

* * * * *

PART 917—FRESH PEARS AND

PEACHES GROWN IN CALIFORNIA

3. Section 917.442 is amended by

adding a new paragraph (d) to read as

follows:

§ 917.442 California Peach Container and

Pack Regulation.

* * * * *

(d) During the period April 1 through

November 23, 1996, each container or

package when packed with peaches

meeting CA Utility requirements, shall

bear the words ‘‘CA Utility’’, along with

all other required container markings, in

letters of 3⁄4 inch minimum height on

the visible display panel. Consumer

bags or packages must also be clearly

marked on the bag or package as ‘‘CA

Utility’’ along with other required

markings.

4. Section 917.459 is amended by

revising paragraph (a)(1) to read as

follows:

§ 917.459 California Peach Grade and Size

Regulation.

(a) * * *

(1) Any lot or package or container of

any variety of peaches unless such

peaches meet the requirements of U.S.

No. 1 grade: Provided, that an additional

25 percent tolerance shall be permitted

for fruit with open sutures which are

damaged, but not seriously damaged.

Provided, That during the period April

1 through November 23, 1996, any

handler may handle peaches if such

peaches meet ‘‘CA Utility’’ quality

requirements. The term ‘‘CA Utility’’

means that not more than 30 percent of

the peaches in any container meet or

exceed the requirements of the U.S. No.

1 grade and that such peaches are

mature and are:

(i) Free from insect injury which has

penetrated or damaged the flesh; split

pits which cause an unhealed crack or

one or more healed cracks which, either

singly or in the aggregate, are more than

1⁄2 inch in length; and mold, brown rot,

and decay; and

(ii) Free from serious damage due to

cuts, skin breaks, growth cracks, bruises,

scab, rust, blight, disease, hail or other

causes. Damage to any peach is serious

when it causes a waste of 10 percent or

more, by volume, of the individual

peach.

(iii) Tolerances. Not more than 10

percent, by count, of the peaches in any

container may be below the

requirements prescribed by this

subparagraph. Not more than one-half of

this tolerance shall be allowed for any

one cause. Individual containers in any

lot may contain not more than 1 1⁄2

times the tolerances specified if the

percentage of defects of the entire lot

averages within the tolerances.

* * * * *

Dated: April 25, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–10758 Filed 4–30–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 205 and 323

[Docket No. OST–96–1269]

RIN 2105–AC46

Aircraft Accident Liability Insurance;

Terminations, Suspensions, and

Reductions of Service

AGENCY: Office of the Secretary,

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Department is amending

its regulations on aircraft accident

liability insurance and on terminations,

suspensions, and reductions of essential

air service, to remove or update obsolete

provisions and organizational and

statutory references.

EFFECTIVE DATE: The rule shall become

effective on May 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Carol A. Woods, Air Carrier Fitness

Division, X–56, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590, (202) 366–

9721.

SUPPLEMENTARY INFORMATION: In his

Regulatory Reinvention Initiative
Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations 19165

Memorandum of March 4, 1995,

President Clinton directed Federal

agencies to conduct a page-by-page

review of all of their regulations and to

‘‘eliminate or revise those that are

outdated or otherwise in need of

reform.’’ In response to that directive,

the Department has undertaken a review

of its aviation economic regulations as

contained in 14 CFR Chapter II. This

rule is one result of those efforts.

Subsequent rulemakings will address

other regulations.

In this rulemaking, parts 205 and 323

are being amended to remove or update

obsolete provisions and organizational

references, and to replace references to

the Federal Aviation Act with references

to Subtitle VII of Title 49 of the United

States Code (Transportation).

Executive Order 12866 (Regulatory

Planning and Review)

The Department has analyzed the

economic and other effects of the

amendments and has determined that

they are not ‘‘significant’’ within the

meaning of Executive Order 12866. The

amendment will not have an annual

effect on the economy of $100 million

or more or adversely affect in a material

way the economy, a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local, or tribal

governments or communities. It will not

create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency, and it

will not materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof. Nor

does it raise any novel legal or policy

issues arising out of legal mandates, the

President’s priorities, or the principles

set forth in Executive Order 12866. The

rule is considered ‘‘nonsignificant’’

under Executive Order 12688 and was

not reviewed by the Office of

Management and Budget.

DOT Regulatory Policies and

Procedures

The amendments are not significant

under the Department’s Regulatory

Policies and Procedures, dated February

26, 1979, because they do not involve

important Departmental policies; rather,

they are being made solely for the

purposes of eliminating obsolete

requirements, correcting out-of-date

references, and enhancing the

organization of the regulations used by

the Department to administer its

aviation economic regulatory functions.

The Department has also determined

that issuance of this rule will have no

economic impact.

Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act, the Department has

evaluated the effects of this action on

small entities. For purposes of its

aviation economic regulations,

Departmental policy categorizes air

carriers operating small aircraft (60 seats

or less or 18,000 pounds maximum

payload or less) as small entities for

purposes of the Regulatory Flexibility

Act. Based upon this evaluation, the

Department certifies that the

amendment would not have a

significant economic impact on a

substantial number of small entities.

Executive Order 12612 (Federalism)

These amendments have been

analyzed in accordance with the

principles and criteria contained in

Executive Order 12612. The Department

has determined that the amendments do

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment. The

amendments will not have a substantial

direct effect 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.

National Environmental Policy Act

The Department has also analyzed the

amendments for the purpose of the

National Environmental Policy Act. The

amendments will not have any

significant impact on the quality of the

human environment.

Paperwork Reduction Act

There are no reporting or

recordkeeping requirements associated

with the amendments.

Notice and Opportunity for Public

Comment Unnecessary

Under the Administrative Procedure

Act (5 U.S.C. 553), the Department

determines that notice and an

opportunity for public comment are

impracticable, unnecessary, and

contrary to the public interest. The

amendments made in this document are

ministerial, removing obsolete and

redundant material or making minor

technical and terminology changes.

These changes will have no substantive

impact, and the Department would not

anticipate receiving meaningful

comments on them. Comment is

therefore unnecessary, and it would be

contrary to the public interest to delay

unnecessarily this effort to eliminate or

revise outdated rules.

Lists of Subjects

14 CFR Part 205

Air carriers, Insurance, Reporting and

recordkeeping requirements.

14 CFR Part 323

Administrative practice and

procedure, Air carriers, Reporting and

recordkeeping requirements.

Final Rule

For the reasons set out in the

preamble, Title 14, Chapter II of the

Code of Federal Regulations is amended

as follows:

PART 205—[AMENDED]

1. The authority citation for part 205

is revised to read as follows:

Authority: 49 U.S.C. Chapters 401, 411,

413, 417.

§ 205.1 [Amended]

2. In § 205.1, remove the punctuation

and word ‘‘, overseas,’’.

§ 205.4 [Amended]

3. In § 205.4(c), remove the words

‘‘222 West Seventh Street, Box 27’’ and

add, in their place, the words ‘‘801 B

Street, Suite 506’’; remove the number

‘‘99513’’ and add, in its place, the

number ‘‘99501–3657’’.

PART 323—[AMENDED]

4. The authority citation for part 323

is revised to read as follows:

Authority: 49 U.S.C. Chapters 401, 411,

417.

§§ 323.1, 323.3, 323.4, 323.9 [Amended]

5. In §§ 323.1, 323.3(a)(2), (a)(4)

introductory text, (a)(5), (c)(1), (c)(2),

(c)(3) introductory text, 323.4(a)(5)

introductory text, (a)(5)(ii), 323.9(b)(4),

(b)(6), and (c), remove the words

‘‘essential air transportation’’ and add,

in their place, the words ‘‘essential air

service’’.

§§ 323.1, 323.5 [Amended]

6. In §§ 323.1 and 323.5(a)(1), remove

the words ‘‘section 419 of the Act’’ and

add, in their place, the words ‘‘49 U.S.C.

41731–41742’’.

7. In § 323.2, the definitions Act,

Eligible point, and Essential air

transportation are removed, the

definition Certificated carrier is revised,

and the definitions Eligible place,

Essential air service, FAA, and Statute

are added in alphabetical order, to read

as follows:

§ 323.2 Definitions.

* * * * *

Certificated carrier means a direct air

carrier holding authority to provide air
19166 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

transportation granted by the

Department of Transportation (‘‘DOT’’)

or the former Civil Aeronautics Board

(‘‘CAB’’) in the form of a certificate of

public convenience and necessity under

section 41102 of the Title 49 of the

United States Code (Transportation)

(‘‘the Statute’’) or an all-cargo air

transportation certificate to perform allcargo air transportation under section

41103 of the Statute.

Eligible place means a place in the

United States that—

(1) Was an eligible point under

section 419 of the Federal Aviation Act

of 1958 as in effect before October 1,

1988;

(2) Received scheduled air

transportation at any time between

January 1, 1990, and November 4, 1990;

and

(3) Is not listed in Department of

Transportation Orders 89–9–37 and 89–

12–52 as a place ineligible for

compensation under Subchapter II of

Chapter 417 of the Statute. (For

availability of Department of

Transportation Orders, see 49 CFR part

7, subpart E and appendix A.)

Essential air service is that air

transportation which the Department

has found to be essential under

Subchapter II of Chapter 417 of the

Statute.

FAA means the Federal Aviation

Administration, U.S. Department of

Transportation.

* * * * *

Statute means Subtitle VII of Title 49

of the United States Code

(Transportation).

* * * * *

§ 323.3 [Amended]

8. In § 323.3(a)(5), remove the words

‘‘section 419(a)(2) or section 419(b)(4) of

the Act’’ and add, in their place, the

words ‘‘section 41731 or section 41733

of the Statute’’.

§§ 323.3, 323.4 [Amended]

9. In §§ 323.3(a)(2), (a)(3), (a)(4)

introductory text, (a)(4)(iii), (a)(5), (c)(1),

(c)(2), (c)(3) introductory text, (c)(3)(iii),

and 323.4(a)(5) introductory text,

remove the words ‘‘CAB or’’.

§§ 323.3, 323.7 [Amended]

10. In §§ 323.3(a)(1), (a)(3), (a)(5), (d),

and 323.7(a)(1), remove the word

‘‘points’’ and add, in its place, the word

‘‘places’’.

§§ 323.3, 323.4, 323.5, 323.7, 323.9, 323.13,

323.14 [Amended]

11. In §§ 323.3(a)(1), (a)(2), (a)(3),

(a)(4) introductory text, (a)(5), (c)(1),

(c)(2), (c)(3) introductory text, (d),

323.4(a)(5)(i), (a)(5)(ii), (a)(6), 323.5(a)(1)

and (a)(2), 323.7(a)(1), 323.9(a), (b)(3),

(b)(4), 323.13(b)(1), 323.14(a) and (c),

remove the word ‘‘point’’ wherever it

occurs and add, in its place, the word

‘‘place’’.

§ 323.6 [Amended]

11a. In § 323.6(b), remove the word

‘‘point(s)’’ and add, in its place, the

word ‘‘place(s)’’.

§ 323.9 [Amended]

11b. In § 323.9(c), remove the word

‘‘point’s’’ and add, in its place, the word

‘‘place’s’’.

§ 323.7 [Amended]

12. In § 323.7(a)(1), remove the words

‘‘section 401’’ wherever they occur, and

add, in their place, the words ‘‘section

41102’’.

13. Section 323.8 is revised to read as

follows:

§ 323.8 Exemptions.

Carriers are exempted from

paragraphs (a)(1), (a)(3), and (a)(5) of

§ 323.3 to the extent that those

provisions require them to file a notice

when terminating or suspending the

domestic leg of an international flight

(fill-up service).

§§ 323.14, 323.15 [Amended]

14. In §§ 323.14(d) and 323.15(b),

remove the words ‘‘Office of Essential

Air Service’’ and add, in their place, the

words ‘‘Office of Aviation Analysis’’.

Issued in Washington, DC, on this 15th day

of April, 1996.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–10741 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–62–P

14 CFR Part 385

[Docket No. OST–96–1268]

RIN 2105–AC38

Staff Assignments and Review of

Action Under Assignments

AGENCY: Office of the Secretary,

Department of Transportation.

ACTION: Final rule.

SUMMARY: The Department is amending

its regulations on staff assignments and

review of action under assignments to

remove or update obsolete provisions

and organizational references, and

reorder the sequence of assignments in

a more logical manner and to more

closely reflect the Department’s staff

organization.

EFFECTIVE DATE: The rule shall become

effective on May 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Carol A. Woods, Air Carrier Fitness

Division, X–56, Department of

Transportation, 400 Seventh Street,

S.W., Washington, DC 20590, (202) 366–

9721.

SUPPLEMENTARY INFORMATION: In his

Regulatory Reinvention Initiative

Memorandum of March 4, 1995,

President Clinton directed Federal

agencies to conduct a page-by-page

review of all of their regulations and

to ‘‘eliminate or revise those that are

outdated or otherwise in need of

reform.’’ In response to that directive,

the Department has undertaken a review

of its aviation economic regulations as

contained in 14 CFR Chapter II. This

rule is one result of those efforts.

Subsequent rulemakings will address

other regulations.

In this rulemaking part 385 is being

amended to remove or update obsolete

provisions and organizational

references, to replace references to the

Federal Aviation Act with references to

Subtitle VII of Title 49 of the United

States Code (Transportation), and to

reorder and renumber the assignments

in a more logical manner and to more

closely reflect the Department’s staff

organization.

Current § 385.13—Authority of the

Director, Office of International

Aviation, and § 385.14—Authority of

the Director, Office of Aviation Analysis

(new § 385.12), are being revised to

eliminate authorities no longer used, to

extend the authority for routine

procedural decisions to additional cases

(e.g., to add authority to dismiss

certificate applications for lack of

prosecution, to request applicants to

provide additional information, to

authorize the refund of filing fees due to

the withdrawal or dismissal of an

application at an early stage without the

issuance of the requested authority), and

to reorganize and renumber the

authorities in a more logical sequence.

Current § 385.27—Authority of the

Director, Office of Aviation Information

Management, Research and Special

Programs Administration (new

§ 385.19), and § 385.28—Authority of

the Director, Office of Administrative

Operations (new § 385.21), are being

amended to reflect changes in functions

and names of organizations. In addition,

newly designated § 385.21(b) is being

removed since the delegation of

authority for this function is now

contained in 49 CFR 89.5—Collection of

Claims Owed the United States.

Current § 385.30, which contains the

authority assigned to the Director, Office

of Community and Consumer Affairs, is

being removed as unnecessary. As part