33644 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

million but no more than $5 million.

The State agency shall request prior FCS

approval by submitting the Planning

APD, the Implementation APD or the

justification for the sole source

acquisition signed by the appropriate

State official to the FCS Regional Office.

However, a State agency shall obtain

prior written approval from FCS for the

acquisition of ADP equipment or

services to be utilized in an EBT system

regardless of the cost of the acquisition.

(2) Specific prior approval

requirements. * * *

(ii) * * *

(A) * * * However, RFPs costing up

to $5 million for competitive

procurements and up to $1 million for

noncompetitive acquisitions from nongovernmental sources and which are an

integral part of the approved APD need

not be submitted to FCS. States will be

required to submit RFPs under this

threshold amount on an exception basis

or if the procurement strategy is not

adequately described and justified in an

APD. * * *

(B) * * * However, contracts costing

up to $5 million for competitive

procurements and up to $1 million for

noncompetitive acquisitions from

nongovernmental sources, and which

are an integral part of the approved APD

need not be submitted to FCS. States

will be required to submit contracts

under this threshold amount on an

exception basis or if the procurement

strategy is not adequately described and

justified in an APD. * * *

(C) * * * However, contract

amendments involving cost increases of

up to $1 million or time extensions of

up to 120 days, and which are an

integral part of the approved APD need

not be submitted to FCS. States will be

required to submit contract amendments

under these threshold amounts on an

exception basis or if the contract

amendment is not adequately described

and justified in an APD. * * *

* * * * *

(5) Prompt action on requests for prior

approval. FCS will reply promptly to

State requests for prior approval. If FCS

has not provided written approval,

disapproval or a request for additional

information within 60 days of FCS’

letter acknowledging receipt of the

State’s request, the request will be

deemed to have provisionally met the

prior approval requirement in paragraph

(c) of this section. However, provisional

approval will not exempt a State from

having to meet all other Federal

requirements which pertain to the

acquisition of ADP equipment and

services. Such requirements remain

subject to Federal audit and review.

* * * * *

(p) * * *

(3) * * * State agencies shall

maintain reports of their biennial ADP

system security reviews, together with

pertinent supporting documentation, for

Federal on-site review.

* * * * *

Dated: June 24, 1996.

Ellen Haas,

Under Secretary, Food, Nutrition, and

Consumer Services.

[FR Doc. 96–16596 Filed 6–27–96; 8:45 am]

BILLING CODE 3410–30–P

Agricultural Marketing Service

7 CFR Part 1280

[Docket Number LS–96–004]

Sheep Promotion, Research, and

Information Program

AGENCY: Agricultural Marketing Service;

USDA.

ACTION: Final rule.

SUMMARY: This rule suspends

indefinitely provisions of the Order and

the Certification and Nomination

Regulations, and postpones indefinitely

the announced effective date of July 1,

1996, for assessment collection in the

Rules and Regulations, and the

assessment provisions of the Order. The

Department of Agriculture (Department)

conducted a review and evaluated the

conduct and results of the February 6,

1996, nationwide sheep referendum.

The Department discovered

inconsistencies in the application of the

referendum rules, and this action is the

result of the discovery of these

inconsistencies. A second nationwide

referendum will be conducted among

eligible sheep producers, sheep feeders,

and importers of sheep and sheep

products on a date to be announced by

the Department.

EFFECTIVE DATE: This document is

effective June 29, 1996.

The effective date of July 1, 1996 for

Subpart A, §§ 1280.224 through

1280.228 in Subpart A, and Subpart B,

§§ 1280.301 through 1280.318 is

postponed indefinitely.

Additionally, in Subpart A,

§§ 1280.101 through 1280.126,

§§ 1280.201 through 1280.223,

§§ 1280.229 through 1280.235 and

§§ 1280.240 through 1280.246, and

Subpart C, §§ 1280.400 though 1280.414

are suspended indefinitely.

FOR FURTHER INFORMATION CONTACT:

Ralph L. Tapp, Chief; Marketing

Programs Branch, Room 2606–S;

Livestock and Seed Division, AMS,

USDA; PO Box 96456, Washington, DC

20090–6456. Telephone number 202/

720–1115.

SUPPLEMENTARY INFORMATION: Prior

documents: Notice—Invitation to

submit proposals published January 4,

1995 (60 FR 381); Proposed Rule—

Sheep and Wool Promotion, Research,

Education, and Information Order

published June 2, 1995 (60 FR 28747);

Proposed Rule—Procedures for Conduct

of Referendum published August 8,

1995 (60 FR 40313); Notice—

Certification of Organizations for

Eligibility to Make Nominations to the

Proposed Board published August 8,

1995 (60 FR 40343); Proposed Rule—

Rules and Regulations published

October 3, 1995 (60 FR 51737);

Proposed Rule—Sheep and Wool

Promotion, Research, Education, and

Information Order published December

5, 1995 (60 FR 62298); Final Rule and

Referendum Order—Procedures for the

Conduct of Referendum published

December 15, 1995 (60 FR 64297); Final

Rule—Sheep and Wool Promotion,

Research, Education, and Information

Order published May 2, 1996 (61 FR

19514); Final Rule—Rules and

Regulations published May 9, 1996, (61

FR 21053); and Final Rule—

Certification and Nomination

Procedures published May 9, 1996 (61

FR 21049).

Executive Orders 12866 and 12778 and

the Regulatory Flexibility Act and the

Paperwork Reduction Act

This final rule has been determined to

be not significant for purposes of

Executive Order 12866 and therefore

has not been reviewed by the Office of

Management and Budget (OMB).

This final rule was reviewed under

Executive Order 12778, Civil Justice

Reform. It is not intended to have a

retroactive effect. This rule would not

preempt any State or local laws,

regulations, or policies unless they

present an irreconcilable conflict with

this rule.

The Sheep Promotion, Research, and

Information Act of 1994 (Act (7 U.S.C.

7101–7111)) provides that any person

subject to the 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

the law, and requesting a modification

of the Order or an exemption from

certain provisions or obligations of the

Order. The petitioner would have the

opportunity for a hearing on the

petition. Thereafter the Secretary would

issue a decision on the petition. The Act
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33645

provides that the district court of the

United States in the district in which

the petitioner resides or carries on

business has jurisdiction to review the

Secretary’s decision, if the petitioner

files a complaint for that purpose not

later than 20 days after the date of the

entry of the decision. The petitioner

must exhaust his or her administrative

remedies before filing such a complaint

in the district court.

The information collection

requirements contained in the

provisions of the Order and the Rules

and Regulations have been previously

approved by OMB under OMB control

number 0581–0093.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA)(5

U.S.C. 601 et seq.), the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

final action on small entities.

The purpose of RFA is to fit

regulatory actions to the scale of the

businesses that are subject to such

actions so that small businesses would

not be unduly or disproportionately

burdened.

According to the January 27, 1995,

issue of ‘‘Sheep and Goats,’’ published

by the Department’s National

Agricultural Statistics Service, there are

approximately 87,350 sheep operations

in the United States, nearly all of which

would be classified as small businesses

under the criteria established by the

Small Business Administration (13 CFR

§ 121.601). Additionally, there are

approximately 9,000 importers of sheep

and sheep products, nearly all of which

would be classified as small businesses.

The final Order would require that

each person who makes payment to a

sheep producer, feeder, or handler of

sheep or sheep products will be a

collecting person, and is to collect an

assessment from that sheep producer,

feeder, or handler of sheep or sheep

products. Any person who buys

domestic live sheep or greasy wool for

processing would also collect the

assessment and remit it to the Board.

Each person who processes or causes to

be processed sheep or sheep products of

that person’s own production and who

markets the processed products would

pay an assessment and remit the

assessment to the National Sheep

Promotion, Research, and Information

Board (Board). Any person who exports

live sheep or greasy wool would be

required to remit an assessment to the

Board. Finally, each person who

imports into the United States sheep,

sheep products, wool, or wool products,

other than raw wool, would pay an

assessment. The U.S. Customs Service

(Customs) would collect the

assessments on imported sheep and

sheep products (except raw wool) and

forward them to AMS for disbursement

to the Board.

The rate of assessment on domestic

sheep producers, feeders, and exporters

of live sheep and greasy wool would be

1 cent per pound on live sheep sold and

2 cents per pound on greasy wool sold.

Importers would be assessed 1 cent per

pound on live sheep and the equivalent

of 1 cent per pound of live sheep for

sheep products and 2 cents per pound

of degreased wool or the equivalent of

degreased wool for wool and wool

products. Imported raw wool would be

exempt from assessments. Each person

who processes or causes to be processed

sheep or sheep products of that person’s

own production and markets the

processed products would be assessed

the equivalent of 1 cent per pound of

live sheep sold and 2 cents per pound

of greasy wool sold. All assessment rates

could be adjusted in accordance with

the applicable provisions of the Act.

This action suspends or postpones the

effective date of these provisions.

Therefore, except for the referendum

rules, the imposition of program

requirements, including collection of

assessments and reporting and

recordkeeping requirements, will be

either suspended or postponed. A

second nationwide referendum will be

conducted among eligible sheep

producers, sheep feeders, and importers

of sheep and sheep products on a date

to be announced by the Department.

Accordingly, AMS has determined that

this action will not have a significant

economic impact on a substantial

number of small entities.

Background

The Act, enacted October 22, 1994,

authorizes the Secretary to establish a

national sheep and wool promotion,

research, education, and information

program. The program would be funded

by a mandatory assessment on domestic

sheep producers, sheep feeders, and

exporters of live sheep and greasy wool

of 1 cent per pound on live sheep sold

and 2 cents per pound on greasy wool

sold. Importers would be assessed 1

cent per pound on live sheep imported

and the equivalent of 1 cent per pound

of live sheep for sheep products

imported and 2 cents per pound of

degreased wool or the equivalent of

degreased wool for wool and wool

products imported. Imported raw wool

would be exempt from assessments.

Each person who processes or causes to

be processed sheep or sheep products of

that person’s own production, and who

markets the processed products, would

be assessed the equivalent of 1 cent per

pound of live sheep sold and 2 cents per

pound of greasy wool sold. All

assessment rates may be adjusted in

accordance with applicable provisions

of the Act.

AMS published the final Order (61 FR

19514) on May 2, 1996, to implement a

national sheep and wool, promotion,

research, education, and information

program designed to strengthen the

position of sheep and sheep products in

the marketplace, as provided for under

the Act. The effective date of the Order

was May 3, 1996, except that the

collection and remittance sections of the

Order—§ 1280.224–§ 1280.228—were

scheduled to become effective on July 1,

1996. The final Rules and Regulations

(61 FR 21053), which set forth the

collection and remittance procedures to

be used beginning July 1, 1996, and the

Certification and Nomination

procedures (61 FR 21049; effective May

10, 1996), which outline the eligibility

criteria and the nomination process

used to obtain nominations for

appointment to the Board, which would

administer the program, were both

published on May 9, 1996.

As required by the Act, the

Department conducted an up-front

referendum among eligible domestic

sheep producers and sheep feeders, as

well as importers of sheep and sheep

products, to determine if the Order,

which was the subject of the

referendum, would become operational.

To become effective, the Order had to be

approved either by a majority of

producers, feeders, and importers voting

in the referendum, or by voters who

accounted for at least two-thirds of the

production represented by persons

voting in the referendum. Of the 19,801

valid ballots cast in the February 6,

1996, referendum, 10,707 (54 percent)

favored implementation of the Order

and 9,094 (46 percent) opposed

implementation of the Order. Although

the 54 percent who approved the Order

accounted for only 40 percent of the

sheep voted, the majority vote was

sufficient to implement the Order. Steps

to implement the Order were carried

out.

After the referendum was held;

however, the Department received a

substantial number of voter complaints

about alleged inconsistencies in the

application of the referendum rules in

conducting the referendum. The

Department initiated a review of these

allegations. Based on findings in the

ongoing review, which revealed that the

referendum rules were in fact applied

inconsistently, the Department is

suspending indefinitely provisions of

the Order and the Certification and

Nomination Regulations, and is
33646 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

postponing indefinitely the original July

1, 1996, effective date for the Order

provisions and the Rules and

Regulations concerning the collection

and remittance of assessments. Also, the

Department plans to conduct a second

nationwide referendum among eligible

producers, feeders, and importers on a

date to be announced.

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 action into effect, and

that good cause exists for not

postponing the effective date of this

action until 30 days after publication,

because: (1) producers, feeders,

importers of sheep and sheep products,

and other collecting persons are aware

of this action because it was announced

in a press release issued by the

Secretary on May 17, 1996; (2) this

action postpones the imposition of

regulatory requirements on producers,

feeders, and importers by suspending

the provisions of the Order and the

certification and nomination

procedures, and by postponing

indefinitely the effective date for the

Order provisions and the Rules and

Regulations for the collection and

remittance of assessments; and (3) no

useful purpose would be served by

delaying this action.

Therefore, (1) the effective date of July

1, 1996, for the Rules and Regulations

governing the assessment collection and

remittance procedures, published on

May 9, 1996, at 61 FR 21053, and for

§ 1280.224–§ 1280.228 of the Order

published on May 2, 1996, at 61 FR

19514, is postponed indefinitely, and (2)

all sections of the Order, except

§ 1280.224–§ 1280.228, published on

May 2, 1996, at 61 FR 19514, and all

sections of the Certification and

Nomination Regulations published on

May 9, 1996, at 61 FR 21049 are being

suspended indefinitely.

List of Subjects in 7 CFR Part 1280

Administrative practice and

procedure, Advertising, Agricultural

research, Marketing agreements, Sheep

and sheep products, Reporting and

recordkeeping requirements.

For the reasons set forth in the

preamble, 7 CFR Part 1280 is amended

as follows:

PART 1280—SHEEP PROMOTION,

RESEARCH, AND INFORMATION

1. The authority citation for Part 1280

continues to read as follows:

Authority: 7 U.S.C. 7101–7111.

2. In part 1280:

(A) The effective date of July 1, 1996

for § § 1280.224 through 1280.228 in

Subpart A, is postponed indefinitely,

and in Subpart A, § 1280.101 through

§ 1280.126, § § 1280.201 through

1280.223, § § 1280.229 through 1280.235

and § § 1280.240 through 1280.246, is

suspended indefinitely;

(B) The effective date of July 1, 1996

for Subpart B, § § 1280.301 through

1280.318, is postponed indefinitely; and

(C) Subpart C, § § 1280.400 through

1280.414, is suspended indefinitely.

Dated: June 25, 1996.

James R. Baker,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 96–16578 Filed 6–27–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–159–AD; Amendment

39–9678; AD 96–13–10]

RIN 2120–AA64

Airworthiness Directives; Jetstream

Model 4101 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Jetstream Model

4101 airplanes, that requires

modification of the existing diaphragms

on the surround structure of the Type II

emergency exit. This amendment is

prompted by a report indicating that,

during fatigue tests on a Model 4101 test

article, fatigue-related cracking was

found in the surround structure of a

Type II emergency exit. The actions

specified by this AD are intended to

prevent such cracking in the surround

structure, which could result in reduced

structural integrity of the fuselage

pressure vessel.

DATES: Effective August 2, 1996.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of August 2,

1996.

ADDRESSES: The service information

referenced in this AD may be obtained

from A.I.R. American Support, Inc.,

13850 McLaren Road, Herndon, Virginia

22071. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

William Schroeder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2141; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Jetstream

Model 4101 airplanes was published in

the Federal Register on January 19,

1996 (61 FR 1300). That action proposed

to require modification of the existing

diaphragms on the surround structure of

the Type II emergency exit.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Support for the Proposal

One commenter supports the

proposal.

Request to Revise Applicability of

Proposal

One commenter requests that the

applicability of the proposed rule be

revised to eliminate airplanes on which

the modification of the surround

structure was accomplished during

production.

The FAA concurs. Since issuance of

the notice, Jetstream has issued Revision

1 of Service Bulletin J41–53–014, dated

February 9, 1996. In its technical

content, this revision is essentially

identical to the original issue (which

was referenced in the notice as the

appropriate source for service

information). However, the effectivity

listing of Revision 1 specifies only those

airplanes on which the modification

was not accomplished during

production. Those airplanes have serial

numbers 41004 through 41044,

inclusive; the modification was

installed during production on airplanes

beginning with serial number 41045.

Accordingly, the FAA has revised the

final rule to make it applicable only to

airplanes having serial numbers 41004

through 41044, inclusive. Additionally,

the FAA has revised the final rule to

reference Revision 1 of the Jetstream

service bulletin as an additional source

of service information.