Watermelon Research and Promotion Plan; Redistricting, 34232-34235 [E6-9234]

Download as PDF 34232 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Rules and Regulations violations of the case assignment rotation requirement in 5 U.S.C. 3105. The Board finds that this suggestion fails to state a persuasive objection to the amendment of its regulation since the revised standard would permit consideration of an ALJ’s involuntary resignation claim that is based on the agency’s improper interference with his decisionmaking by assigning cases out of rotation. 5. One commenter supports the proposed amendment and urges the Board to provide upon issuance of the amended regulation that it will be applicable to pending cases. The Board finds that retroactive application of the amended regulation would be contrary to the court’s decision in Tunik, which held that the cases in that consolidated appeal were subject to the standard stated in the former regulation because it could not be repealed in an adjudication. Under Bowen v. Georgetown University Hospital, 488 U.S. 204 (1988), the Board must have express statutory authority to make a substantive rule retroactive, authority which the Board does not have. The amended regulation that the Board is issuing is such a rule because it repeals the substantive standard for constructive removal stated in the old regulation and makes effective the standard for such a removal now contained in the Board’s case law. List of Subjects in 5 CFR Part 1201 Administrative personnel, Actions against administrative law judges, Actions filed by administrative law judges. For the reasons set forth in the Preamble, the MSPB is amending 5 CFR part 1201 as follows: I PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for 5 CFR part 1201 is revised to read as follows: I Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. 2. Accordingly, the Board revises 5 CFR 1201.142 to read as follows: I mstockstill on PROD1PC61 with RULES § 1201.142 Actions filed by administrative law judges. An administrative law judge who alleges a constructive removal or other action by an agency in violation of 5 U.S.C. 7521 may file a complaint with the Board under this subpart. The filing and serving requirements of 5 CFR 1201.37 apply. Such complaints shall be adjudicated in the same manner as agency complaints under this subpart. VerDate Aug<31>2005 15:14 Jun 13, 2006 Jkt 208001 Dated: June 8, 2006. Bentley M. Roberts, Jr., Clerk of the Board. [FR Doc. E6–9239 Filed 6–13–06; 8:45 am] BILLING CODE 7400–01–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1210 [Doc. No. FV–05–704–IFR] Watermelon Research and Promotion Plan; Redistricting AGENCY: Agricultural Marketing Service, USDA. Interim final rule with request for comments. ACTION: SUMMARY: This interim final rule invites comments on changing the boundaries of all seven districts under the Watermelon Research and Promotion Plan (Plan) to apportion producer and handler membership on the National Watermelon Promotion Board (Board). This will make all districts equal according to the previous three-year average production records. Pursuant to the provisions of the Plan and regulations, these changes are based on a review of the production and assessments paid in each district and the amount of watermelon import assessments, which the Plan requires at least every five years. DATES: Effective June 15, 2006. Comments must be received by July 14, 2006. ADDRESSES: Interested persons are invited to submit written comments concerning this rule to the Docket Clerk, Research and Promotion Branch, Fruit and Vegetable Programs (FV), Agricultural Marketing Service (AMS), USDA, Stop 0244, Room 2535–S, 1400 Independence Avenue, SW., Washington, DC 20250–0244; fax (202) 205–2800; e-mail: daniel.manzoni@usda.gov; or Internet: http://www.regulations.gov. All 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 above office during regular business hours or can be viewed at: http://www.ams.usda.gov/fv/ rpb.html. FOR FURTHER INFORMATION CONTACT: Daniel Rafael Manzoni, Research and Promotion Branch, FV, AMS, USDA, Room 2535–S, Stop 0244, 1400 Independence Avenue, SW., Washington, DC 20250–0244; telephone PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 (202) 720–5951 or (888) 720–9917 (toll free); fax: (202) 205–2800; or e-mail daniel.manzoni@usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under the Watermelon Research and Promotion Plan (Plan) [7 CFR part 1210]. The Plan is authorized under the Watermelon Research and Promotion Act (Act) [7 U.S.C. 4901– 4916]. Executive Orders 12886 The Office of Management and Budget has waived the review process required by Executive Order 12866 for this action. Executive Order 12988 In addition, this rule has been reviewed under Executive Order 12988, Civil Justice Reform. The rule is not intended to have retroactive effect and will not affect or preempt any other State or Federal law authorizing promotion or research relating to an agricultural commodity. The Act allows producers, producerpackers, handlers, and importers (if covered by the program) to file a written petition with the Secretary of Agriculture (Secretary) if they believe that the Plan, any provision of the Plan, or any obligation imposed in connection with the Plan, is not established in accordance with law. In any petition, the person may request a modification of the Plan or an exemption from the Plan. The petitioner will have the opportunity for a hearing on the petition. Afterwards, an Administrative Law Judge (ALJ) will issue a decision. If the petitioner disagrees with the ALJ’s ruling, the petitioner has 30 days to appeal to the Judicial Officer, who will issue a ruling on behalf of the Secretary. If the petitioner disagrees with the Secretary’s ruling, the petitioner may file, within 20 days, an appeal in the U.S. District Court for the district where the petitioner resides or conducts business. Regulatory Flexibility Act and Paperwork Reduction Act In accordance with the Regulatory Flexibility Act [5 U.S.C. 601 et seq.], AMS has examined the economic impact of this rule on the small producers, handlers, and importers that would be affected by this rule. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (handlers and importers) as those having annual receipts of no more than $6.5 million. Under these definitions, the majority of the producers, handlers, E:\FR\FM\14JNR1.SGM 14JNR1 mstockstill on PROD1PC61 with RULES Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Rules and Regulations and importers that would be affected by this rule would be considered small entities. Producers of less than 10 acres of watermelons are exempt from this program. Importers of less than 150,000 pounds of watermelons per year are also exempt. According to the Board, there are approximately 1,301 producers, 442 handlers, and 346 importers who are eligible to serve on the Board. The Plan requires producers to be nominated by producers, handlers to be nominated by handlers, and importers to be nominated by importers. This would not change. Because some current members are in states or counties which would be moved to other districts under this rule, one handler vacancy in the new District 4, one producer member vacancy in the new Districts 5, and one handler member vacancy in the new District 2 is created with this rule change. Nomination meetings will be held in the new districts to fill these vacancies. The overall impact is favorable because the new district boundaries provide more equitable representation for the producers and handlers who pay assessments in the various districts. The current importer membership will not change. The Board considered several alignments of the districts in an effort to provide balanced representation for each district. The Board selected the alignment described in this rule as it provides proportional representation on the Board of producers, handlers, and importers. This rule does not impose additional recordkeeping requirements on first handlers, producers, or importers of watermelons because the number of nominees would remain unchanged. There are no federal rules that duplicate, overlap, or conflict with this rule. In accordance with the Office of Management and Budget (OMB) regulation [5 CFR part 1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], the information collection and recordkeeping requirements that are imposed by the Plan have been approved previously under OMB control number 0581–0093. This rule does not result in a change to the information collection and recordkeeping requirements previously approved. We have performed this Initial Regulatory Flexibility Analysis regarding the impact of this amendment to the Plan on small entities, and we invite comments concerning potential effects of this amendment. VerDate Aug<31>2005 15:14 Jun 13, 2006 Jkt 208001 Background Under the Plan, the Board administers a nationally coordinated program of research, development, advertising, and promotion designed to strengthen the watermelon’s position in the market place and to establish, maintain, and expand markets for watermelons. This program is financed by assessments on producers growing 10 acres or more of watermelons, handlers of watermelons, and importers of 150,000 pounds of watermelons or more per year. The Plan specifies that handlers are responsible for collecting and submitting both the producer and handler assessments to the Board, reporting their handling of watermelons, and maintaining records necessary to verify their reporting(s). Importers are responsible for payment of assessments to the Board on watermelons imported into the United States through the U.S. Customs Service and Border Protection. This action will not have any impact on the assessment rates paid by producers, handlers, and importers. Membership on the Board consists of two producers and two handlers for each of the seven districts established by the Plan, at least one importer, and one public member. The Board currently has 35 members: 14 producers, 14 handlers, 6 importers, and 1 public member. The seven current districts were established in 2001. They are: District 1—The Florida counties of Brevard, Broward, Collier, Dade, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Monroe, Okeechobee, Osceola, Palm Beach, Polk, and St. Lucie. District 2—The Florida counties of Alachula, Baker, Bay, Bradford, Calhoun, Charlotte, Citrus, Clay, Columbia, Desoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, Leon, Levy, Liberty, Madison, Manatee, Marion, Nassau, Okaloosa, Orange, Pasco, Pinellas, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington. District 3—Alabama, Arkansas, Georgia, Louisiana, Mississippi, South Carolina, and Tennessee. District 4—Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Vermont, PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 34233 Virginia, Washington, D.C., West Virginia, and Wisconsin. District 5—Alaska, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming and the California counties of Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kern, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Toulumne, Venture, Yolo, and Yuba. District 6—Texas. District 7—Arizona, New Mexico, and the California counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and San Diego. Pursuant to section 1210.320(c) of the Plan, the Board shall review the seven districts to determine whether realignment of the districts is necessary, every five years. When making a review, the Plan specifies that the Board should consider factors such as the most recent three years of USDA production reports or Board assessment reports if USDA production reports are unavailable, shifts and trends in quantities of watermelons produced, and any other relevant factors. Any realignment should be recommended by the Board at least six months prior to the date of the call for nominations and should become effective at least 30 days prior to this date. Pursuant to section 1210.320 (e), the Secretary shall review importer representation every five years. According to the Plan, the Secretary shall review a three-year average of watermelon import assessments and adjust, to the extent practicable, the number of importers on the Board. The Board appointed a subcommittee to begin reviewing the U.S. districts and to determine whether realignment was necessary based on production and assessment collections in the current districts. During the review, as prescribed by the Plan, the subcommittee reviewed USDA’s Annual Crop Summary reports for 2002 through 2004, which provide figures for the top 17 watermelon producing states, and the Board’s assessment collection records for 2002 through 2004. Both sets of data showed similar trends in production among the various states. However, the Board used the assessment reports because USDA’s Annual Crop Summary reports were available for only 17 of the E:\FR\FM\14JNR1.SGM 14JNR1 mstockstill on PROD1PC61 with RULES 34234 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Rules and Regulations 34 states in which watermelons are produced. The subcommittee recommended to the Board that the boundaries of all seven districts be changed in order for there to be an equal amount of assessments paid by producers and handlers in the districts. The subcommittee also provided information that the average annual percentage of assessments paid by importers continued to represent 20 percent of the Board’s assessment income during 2002–2004. Because there was no change in the assessments on imports, it is not necessary to change the number of importer representatives on the Board. Therefore, the number of importer Board members remains at six. Subsequently, the realignment was approved by Board at its February 22, 2005, meeting. Under the realignment, each district would represent, on average, 14 percent of total U.S. production. The composition of the Board would remain at a total of 35 members: 14 producers, 14 handlers, 6 importers, and 1 public member. Therefore, this rule realigns the districts as follows: District 1—The Florida counties of Brevard, Broward, Charlotte, Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, and Volusia. District 2—The Florida counties of Alachua, Baker, Bay, Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, Union, Wakulla, Walton, Washington, and the Georgia counties Early, Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, and the states of Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Oklahoma, Tennessee, and Virginia. District 3—The Georgia counties not included in District two and the state of South Carolina. District 4—The States of North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, Kentucky, West Virginia, Maryland, New Hampshire, Maine, New Jersey, New York, Pennsylvania, Massachusetts, Rhode Island, Delaware, Vermont, Wisconsin, Connecticut, and Washington, DC. VerDate Aug<31>2005 15:14 Jun 13, 2006 Jkt 208001 District 5—The States of Alaska, Hawaii, Nevada, Oregon, and Washington and all of the counties in the state of California except for those California counties included in District Seven. District 6—The counties in the state of Texas, except for those counties in Texas included in District Seven. District 7—The counties in the state of Texas; Dallam, Sherman, Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, Idaho, Montana, and Wyoming, and the following counties in California; San Bernardino, Riverside, San Diego, and Imperial. Under this realignment: (1) Eighteen Florida counties are moved from District 2 to District 1; (2) Alabama, Arkansas, Louisiana, Mississippi, and Tennessee are moved from District 3 to District 2; (3) North Carolina, Virginia and Oklahoma are moved from District 4 to District 2; (4) Georgia counties Early, Baker, Miller, Colquitt, Thomas, Grady, Decatur, and Seminole are moved from District 3 to District 2; (5) Montana, Idaho, Wyoming, Utah and Colorado are moved from District 5 to District 7; (6) Texas counties Dallam, Sherman, Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carlson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childness, Bailey, Lamb, Hale, Flyod, Motley, Cottle, Cochran, Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, and Stonewall, are moved from District 6 to District 7; and (7) California counties Los Angeles and Orange are moved from District 7 to District 5. Due to the re-alignment of the districts the following vacancies are created: one handler vacancy in District 4, one handler vacancy in District 2, and one producer vacancy in the District 5. Current Board members would be affected because their states or counties would be moved to other districts. Nomination meetings will be held as soon as possible in the new districts to fill the vacancies. Pursuant to 5 U.S.C. 553, it is found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 the publication in the Federal Register because the Board adjustment provided for in this interim final rule needs to be effective as soon as possible in order to complete the 2006 Board appointments. For the same reason, a 30-days comment period is deemed appropriate. List of Subjects in 7 CFR Part 1210 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Reporting and recordkeeping requirements, Watermelon promotion. I For the reasons set forth in the preamble, part 1210, Chapter XI of Title 7 is amended as follows: I 1. The authority citation for 7 CFR part 1210 continues to read as follows: Authority: 7 U.S.C. 4901–4916. PART 1210—WATERMELON RESEARCH AND PROMOTION PLAN Subpart C—Rules and Regulations 2. Section 1210.501 is revised to read as follows: I § 1210.501 Realignment of districts. Pursuant to § 1210.320(c) of the Plan, the districts shall be as follows: District 1—The Florida counties of Brevard, Broward, Charlotte, Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, and Volusia. District 2—The Florida counties of Alachua, Baker, Bay, Bradford, Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, Union, Wakulla, Walton, Washington, and the Georgia counties Early, Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, and the states of Alabama, Arkansas, Louisiana, Mississippi, North Carolina, Oklahoma, Tennessee, and Virginia. District 3—The Georgia counties not included in District two and the state of South Carolina. District 4—The States of North Dakota, South Dakota, Nebraska, Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, Kentucky, West Virginia, Maryland, E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 71, No. 114 / Wednesday, June 14, 2006 / Rules and Regulations New Hampshire, Maine, New Jersey, New York, Pennsylvania, Massachusetts, Rhode Island, Delaware, Vermont, Wisconsin, Connecticut, and Washington, DC. District 5—The States of Alaska, Hawaii, Nevada, Oregon, and Washington and all of the counties in the state of California except for those California counties included in District Seven. District 6—The counties in the state of Texas, except for those counties in Texas included in District Seven. District 7—The counties in the state of Texas; Dallam, Sherman, Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, Idaho, Montana, and Wyoming, and the following counties in California; San Bernardino, Riverside, San Diego, and Imperial. Dated: June 8, 2006. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. E6–9234 Filed 6–13–06; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23 [Docket No. CE247; Special Conditions No. 23–187–SC] Special Conditions: Thielert Aircraft Engines; Piper PA 28–161 Cadet, Warrior II and Warrior III Series Airplanes; Installation of Thielert TAE– 125–01 Aircraft Diesel Engine for Full Authority Digital Engine Control (FADEC) System and the Protection of the System From the Effects of High Intensity Radiated Fields (HIRF) Federal Aviation Administration (FAA), DOT. ACTION: Final special conditions; request for comments. mstockstill on PROD1PC61 with RULES AGENCY: SUMMARY: These special conditions are issued to Thielert Aircraft Engines, GmbH, Lichtenstein, Germany for a supplemental type certificate for the Piper PA 28–161 Cadet, Warrior II and Warrior III series airplanes. The VerDate Aug<31>2005 15:14 Jun 13, 2006 Jkt 208001 supplemental type certificate for these airplanes will have a novel or unusual design feature associated with the installation of an aircraft diesel engine that uses an electronic engine control system instead of a mechanical control system. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. DATES: The effective date of these special conditions is: June 7, 2006. Comments must be received on or before July 14, 2006. ADDRESSES: Comments on the special conditions may be mailed in duplicate to: Federal Aviation Administration (FAA), Regional Counsel, ACE–7, Attention: Rules Docket, Docket No. CE247, 901 Locust, Room 506, Kansas City, Missouri 64106, or delivered in duplicate to the Regional Counsel at the above address. Comments must be marked: Docket No. CE247. Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m. FOR FURTHER INFORMATION CONTACT: Peter L. Rouse, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE–111, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: 816–329–4135, fax: 816–329–4090. SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment hereon are impracticable because these procedures would significantly delay issuance of the design approval and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA, therefore, finds that good cause exists for making these special conditions effective upon issuance. Comments Invited Interested persons are invited to submit such written data, views, or arguments as they may desire. Communications should identify the regulatory docket or special condition number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The special conditions may be changed in light of the comments received. All PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 34235 comments received will be available in the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a self-addressed, stamped postcard on which the following statement is made: ‘‘Comments to Docket No. CE247.’’ The postcard will be date stamped and returned to the commenter. Background On February 11, 2002, Thielert Aircraft Engines applied for a supplemental type certificate for the Piper PA 28–161 Cadet, Warrior II and Warrior III series airplanes. The supplemental type certificate will allow Thielert Aircraft Engines to install a Thielert Aircraft engine (TAE 125–01 Aircraft Diesel Engine (ADE)) that is equipped with an electronic engine control system with full authority capability in these airplanes. Type Certification Basis Under the provisions of 14 CFR, part 21, § 21.101, Thielert Aircraft Engines must show that the Piper PA 28–161 Cadet, Warrior II and Warrior III series airplanes, as changed, continues to meet the applicable provisions of regulations incorporated by reference in the original certification basis of the Piper PA 28– 161 Cadet, Warrior II and Warrior III series airplanes, as listed on Type Certificate No. 2A13; exemptions, if any; and the special conditions adopted by this rulemaking action. The Piper PA 28–161 Cadet, Warrior II and Warrior III series airplanes were originally certified under Part 3 of the Civil Air Regulations. If the Administrator finds that the applicable airworthiness regulations (i.e., CAR 3; 14 CFR, part 23) do not contain adequate or appropriate safety standards for the Piper PA 28–161 Cadet, Warrior II and Warrior III series airplanes because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16. Special conditions, as appropriate, as defined in § 11.19, are issued in accordance with § 11.38, and become part of the certification basis for the supplemental type certification basis in accordance with § 21.101. Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Rules and Regulations]
[Pages 34232-34235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9234]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1210

[Doc. No. FV-05-704-IFR]


Watermelon Research and Promotion Plan; Redistricting

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule invites comments on changing the 
boundaries of all seven districts under the Watermelon Research and 
Promotion Plan (Plan) to apportion producer and handler membership on 
the National Watermelon Promotion Board (Board). This will make all 
districts equal according to the previous three-year average production 
records. Pursuant to the provisions of the Plan and regulations, these 
changes are based on a review of the production and assessments paid in 
each district and the amount of watermelon import assessments, which 
the Plan requires at least every five years.

DATES: Effective June 15, 2006. Comments must be received by July 14, 
2006.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule to the Docket Clerk, Research and Promotion 
Branch, Fruit and Vegetable Programs (FV), Agricultural Marketing 
Service (AMS), USDA, Stop 0244, Room 2535-S, 1400 Independence Avenue, 
SW., Washington, DC 20250-0244; fax (202) 205-2800; e-mail: 
daniel.manzoni@usda.gov; or Internet: http://www.regulations.gov. All 
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 above office during regular business hours 
or can be viewed at: http://www.ams.usda.gov/fv/rpb.html.

FOR FURTHER INFORMATION CONTACT: Daniel Rafael Manzoni, Research and 
Promotion Branch, FV, AMS, USDA, Room 2535-S, Stop 0244, 1400 
Independence Avenue, SW., Washington, DC 20250-0244; telephone (202) 
720-5951 or (888) 720-9917 (toll free); fax: (202) 205-2800; or e-mail 
daniel.manzoni@usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under the Watermelon 
Research and Promotion Plan (Plan) [7 CFR part 1210]. The Plan is 
authorized under the Watermelon Research and Promotion Act (Act) [7 
U.S.C. 4901-4916].

Executive Orders 12886

    The Office of Management and Budget has waived the review process 
required by Executive Order 12866 for this action.

Executive Order 12988

    In addition, this rule has been reviewed under Executive Order 
12988, Civil Justice Reform. The rule is not intended to have 
retroactive effect and will not affect or preempt any other State or 
Federal law authorizing promotion or research relating to an 
agricultural commodity.
    The Act allows producers, producer-packers, handlers, and importers 
(if covered by the program) to file a written petition with the 
Secretary of Agriculture (Secretary) if they believe that the Plan, any 
provision of the Plan, or any obligation imposed in connection with the 
Plan, is not established in accordance with law. In any petition, the 
person may request a modification of the Plan or an exemption from the 
Plan. The petitioner will have the opportunity for a hearing on the 
petition. Afterwards, an Administrative Law Judge (ALJ) will issue a 
decision. If the petitioner disagrees with the ALJ's ruling, the 
petitioner has 30 days to appeal to the Judicial Officer, who will 
issue a ruling on behalf of the Secretary. If the petitioner disagrees 
with the Secretary's ruling, the petitioner may file, within 20 days, 
an appeal in the U.S. District Court for the district where the 
petitioner resides or conducts business.

Regulatory Flexibility Act and Paperwork Reduction Act

    In accordance with the Regulatory Flexibility Act [5 U.S.C. 601 et 
seq.], AMS has examined the economic impact of this rule on the small 
producers, handlers, and importers that would be affected by this rule.
    The Small Business Administration defines, in 13 CFR part 121, 
small agricultural producers as those having annual receipts of no more 
than $750,000 and small agricultural service firms (handlers and 
importers) as those having annual receipts of no more than $6.5 
million. Under these definitions, the majority of the producers, 
handlers,

[[Page 34233]]

and importers that would be affected by this rule would be considered 
small entities. Producers of less than 10 acres of watermelons are 
exempt from this program. Importers of less than 150,000 pounds of 
watermelons per year are also exempt.
    According to the Board, there are approximately 1,301 producers, 
442 handlers, and 346 importers who are eligible to serve on the Board.
    The Plan requires producers to be nominated by producers, handlers 
to be nominated by handlers, and importers to be nominated by 
importers. This would not change. Because some current members are in 
states or counties which would be moved to other districts under this 
rule, one handler vacancy in the new District 4, one producer member 
vacancy in the new Districts 5, and one handler member vacancy in the 
new District 2 is created with this rule change. Nomination meetings 
will be held in the new districts to fill these vacancies.
    The overall impact is favorable because the new district boundaries 
provide more equitable representation for the producers and handlers 
who pay assessments in the various districts. The current importer 
membership will not change.
    The Board considered several alignments of the districts in an 
effort to provide balanced representation for each district. The Board 
selected the alignment described in this rule as it provides 
proportional representation on the Board of producers, handlers, and 
importers.
    This rule does not impose additional recordkeeping requirements on 
first handlers, producers, or importers of watermelons because the 
number of nominees would remain unchanged.
    There are no federal rules that duplicate, overlap, or conflict 
with this rule.
    In accordance with the Office of Management and Budget (OMB) 
regulation [5 CFR part 1320] which implements the Paperwork Reduction 
Act of 1995 [44 U.S.C. Chapter 35], the information collection and 
recordkeeping requirements that are imposed by the Plan have been 
approved previously under OMB control number 0581-0093. This rule does 
not result in a change to the information collection and recordkeeping 
requirements previously approved.
    We have performed this Initial Regulatory Flexibility Analysis 
regarding the impact of this amendment to the Plan on small entities, 
and we invite comments concerning potential effects of this amendment.

Background

    Under the Plan, the Board administers a nationally coordinated 
program of research, development, advertising, and promotion designed 
to strengthen the watermelon's position in the market place and to 
establish, maintain, and expand markets for watermelons. This program 
is financed by assessments on producers growing 10 acres or more of 
watermelons, handlers of watermelons, and importers of 150,000 pounds 
of watermelons or more per year. The Plan specifies that handlers are 
responsible for collecting and submitting both the producer and handler 
assessments to the Board, reporting their handling of watermelons, and 
maintaining records necessary to verify their reporting(s). Importers 
are responsible for payment of assessments to the Board on watermelons 
imported into the United States through the U.S. Customs Service and 
Border Protection. This action will not have any impact on the 
assessment rates paid by producers, handlers, and importers.
    Membership on the Board consists of two producers and two handlers 
for each of the seven districts established by the Plan, at least one 
importer, and one public member. The Board currently has 35 members: 14 
producers, 14 handlers, 6 importers, and 1 public member.
    The seven current districts were established in 2001. They are:
    District 1--The Florida counties of Brevard, Broward, Collier, 
Dade, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, 
Monroe, Okeechobee, Osceola, Palm Beach, Polk, and St. Lucie.
    District 2--The Florida counties of Alachula, Baker, Bay, Bradford, 
Calhoun, Charlotte, Citrus, Clay, Columbia, Desoto, Dixie, Duval, 
Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, 
Hernando, Hillsborough, Holmes, Jackson, Jefferson, Lafayette, Lake, 
Leon, Levy, Liberty, Madison, Manatee, Marion, Nassau, Okaloosa, 
Orange, Pasco, Pinellas, Putnam, Santa Rosa, Sarasota, Seminole, St. 
Johns, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and 
Washington.
    District 3--Alabama, Arkansas, Georgia, Louisiana, Mississippi, 
South Carolina, and Tennessee.
    District 4--Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, 
Missouri, Nebraska, New Hampshire, New Jersey, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, 
South Dakota, Vermont, Virginia, Washington, D.C., West Virginia, and 
Wisconsin.
    District 5--Alaska, Colorado, Hawaii, Idaho, Montana, Nevada, 
Oregon, Utah, Washington, Wyoming and the California counties of 
Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del 
Norte, El Dorado, Fresno, Glenn, Humboldt, Inyo, Kern, Kings, Lake, 
Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, 
Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San 
Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, 
Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, 
Stanislaus, Sutter, Tehama, Trinity, Tulare, Toulumne, Venture, Yolo, 
and Yuba.
    District 6--Texas.
    District 7--Arizona, New Mexico, and the California counties of 
Imperial, Los Angeles, Orange, Riverside, San Bernardino, and San 
Diego.
    Pursuant to section 1210.320(c) of the Plan, the Board shall review 
the seven districts to determine whether realignment of the districts 
is necessary, every five years. When making a review, the Plan 
specifies that the Board should consider factors such as the most 
recent three years of USDA production reports or Board assessment 
reports if USDA production reports are unavailable, shifts and trends 
in quantities of watermelons produced, and any other relevant factors. 
Any realignment should be recommended by the Board at least six months 
prior to the date of the call for nominations and should become 
effective at least 30 days prior to this date.
    Pursuant to section 1210.320 (e), the Secretary shall review 
importer representation every five years. According to the Plan, the 
Secretary shall review a three-year average of watermelon import 
assessments and adjust, to the extent practicable, the number of 
importers on the Board.
    The Board appointed a subcommittee to begin reviewing the U.S. 
districts and to determine whether realignment was necessary based on 
production and assessment collections in the current districts. During 
the review, as prescribed by the Plan, the subcommittee reviewed USDA's 
Annual Crop Summary reports for 2002 through 2004, which provide 
figures for the top 17 watermelon producing states, and the Board's 
assessment collection records for 2002 through 2004. Both sets of data 
showed similar trends in production among the various states. However, 
the Board used the assessment reports because USDA's Annual Crop 
Summary reports were available for only 17 of the

[[Page 34234]]

34 states in which watermelons are produced.
    The subcommittee recommended to the Board that the boundaries of 
all seven districts be changed in order for there to be an equal amount 
of assessments paid by producers and handlers in the districts.
    The subcommittee also provided information that the average annual 
percentage of assessments paid by importers continued to represent 20 
percent of the Board's assessment income during 2002-2004. Because 
there was no change in the assessments on imports, it is not necessary 
to change the number of importer representatives on the Board. 
Therefore, the number of importer Board members remains at six.
    Subsequently, the realignment was approved by Board at its February 
22, 2005, meeting. Under the realignment, each district would 
represent, on average, 14 percent of total U.S. production. The 
composition of the Board would remain at a total of 35 members: 14 
producers, 14 handlers, 6 importers, and 1 public member.
    Therefore, this rule realigns the districts as follows:
    District 1--The Florida counties of Brevard, Broward, Charlotte, 
Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, 
Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, 
Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, 
Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, 
Sumter, and Volusia.
    District 2--The Florida counties of Alachua, Baker, Bay, Bradford, 
Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, 
Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, 
Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, 
Union, Wakulla, Walton, Washington, and the Georgia counties Early, 
Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, 
and the states of Alabama, Arkansas, Louisiana, Mississippi, North 
Carolina, Oklahoma, Tennessee, and Virginia.
    District 3--The Georgia counties not included in District two and 
the state of South Carolina.
    District 4--The States of North Dakota, South Dakota, Nebraska, 
Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, 
Kentucky, West Virginia, Maryland, New Hampshire, Maine, New Jersey, 
New York, Pennsylvania, Massachusetts, Rhode Island, Delaware, Vermont, 
Wisconsin, Connecticut, and Washington, DC.
    District 5--The States of Alaska, Hawaii, Nevada, Oregon, and 
Washington and all of the counties in the state of California except 
for those California counties included in District Seven.
    District 6--The counties in the state of Texas, except for those 
counties in Texas included in District Seven.
    District 7--The counties in the state of Texas; Dallam, Sherman, 
Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, 
Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, 
Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, 
Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, 
Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, 
Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, 
Idaho, Montana, and Wyoming, and the following counties in California; 
San Bernardino, Riverside, San Diego, and Imperial.
    Under this realignment: (1) Eighteen Florida counties are moved 
from District 2 to District 1; (2) Alabama, Arkansas, Louisiana, 
Mississippi, and Tennessee are moved from District 3 to District 2; (3) 
North Carolina, Virginia and Oklahoma are moved from District 4 to 
District 2; (4) Georgia counties Early, Baker, Miller, Colquitt, 
Thomas, Grady, Decatur, and Seminole are moved from District 3 to 
District 2; (5) Montana, Idaho, Wyoming, Utah and Colorado are moved 
from District 5 to District 7; (6) Texas counties Dallam, Sherman, 
Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, 
Hemphill, Oldham, Potter, Carlson, Gray, Wheeler, Deaf Smith, Randall, 
Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, 
Hall, Childness, Bailey, Lamb, Hale, Flyod, Motley, Cottle, Cochran, 
Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, 
Kent, and Stonewall, are moved from District 6 to District 7; and (7) 
California counties Los Angeles and Orange are moved from District 7 to 
District 5.
    Due to the re-alignment of the districts the following vacancies 
are created: one handler vacancy in District 4, one handler vacancy in 
District 2, and one producer vacancy in the District 5. Current Board 
members would be affected because their states or counties would be 
moved to other districts. Nomination meetings will be held as soon as 
possible in the new districts to fill the vacancies.
    Pursuant to 5 U.S.C. 553, it is found and determined upon good 
cause that 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 the publication in the Federal 
Register because the Board adjustment provided for in this interim 
final rule needs to be effective as soon as possible in order to 
complete the 2006 Board appointments. For the same reason, a 30-days 
comment period is deemed appropriate.

List of Subjects in 7 CFR Part 1210

    Administrative practice and procedure, Advertising, Consumer 
information, Marketing agreements, Reporting and recordkeeping 
requirements, Watermelon promotion.


0
For the reasons set forth in the preamble, part 1210, Chapter XI of 
Title 7 is amended as follows:
0
1. The authority citation for 7 CFR part 1210 continues to read as 
follows:

    Authority: 7 U.S.C. 4901-4916.

PART 1210--WATERMELON RESEARCH AND PROMOTION PLAN

Subpart C--Rules and Regulations

0
2. Section 1210.501 is revised to read as follows:


Sec.  1210.501  Realignment of districts.

    Pursuant to Sec.  1210.320(c) of the Plan, the districts shall be 
as follows:
    District 1--The Florida counties of Brevard, Broward, Charlotte, 
Citrus, Collier, Dade, DeSoto, Flagler, Glades, Hardee, Hendry, 
Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, 
Martin, Marion, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, 
Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns, St. Lucie, 
Sumter, and Volusia.
    District 2--The Florida counties of Alachua, Baker, Bay, Bradford, 
Calhoun, Clay, Columbia, Dixie, Duval, Escambia, Franklin, Gadsden, 
Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, 
Levy, Liberty, Madison, Nassau, Okaloosa, Santa Rosa, Suwannee, Taylor, 
Union, Wakulla, Walton, Washington, and the Georgia counties Early, 
Baker, Miller, Mitchell, Colquitt, Thomas, Grady, Decatur, Seminole, 
and the states of Alabama, Arkansas, Louisiana, Mississippi, North 
Carolina, Oklahoma, Tennessee, and Virginia.
    District 3--The Georgia counties not included in District two and 
the state of South Carolina.
    District 4--The States of North Dakota, South Dakota, Nebraska, 
Kansas, Minnesota, Iowa, Illinois, Missouri, Michigan, Indiana, Ohio, 
Kentucky, West Virginia, Maryland,

[[Page 34235]]

New Hampshire, Maine, New Jersey, New York, Pennsylvania, 
Massachusetts, Rhode Island, Delaware, Vermont, Wisconsin, Connecticut, 
and Washington, DC.
    District 5--The States of Alaska, Hawaii, Nevada, Oregon, and 
Washington and all of the counties in the state of California except 
for those California counties included in District Seven.
    District 6--The counties in the state of Texas, except for those 
counties in Texas included in District Seven.
    District 7--The counties in the state of Texas; Dallam, Sherman, 
Hanaford, Ochiltree, Lipscomb, Hartely, Moore, Hutchinson, Roberts, 
Hemphill, Oldham, Potter, Carson, Gray, Wheeler, Deaf Smith, Randall, 
Armstrong, Donley, Collingsworth, Parmer, Castro, Swisher, Briscoe, 
Hall, Childness, Bailey, Lamb, Hale, Floyd, Motley, Cottle, Cochran, 
Hockely, Lubbock, Crosby, Dickens, King, Yoakum, Terry, Lynn, Garza, 
Kent, Stonewall, the states of New Mexico, Arizona, Utah, Colorado, 
Idaho, Montana, and Wyoming, and the following counties in California; 
San Bernardino, Riverside, San Diego, and Imperial.

    Dated: June 8, 2006.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
 [FR Doc. E6-9234 Filed 6-13-06; 8:45 am]
BILLING CODE 3410-02-P