Watermelon Research and Promotion Plan; Redistricting, 34232-34235 [E6-9234]
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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be repealed in an adjudication.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
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§ 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.
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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:
https://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: https://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
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(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,
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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.
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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,
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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
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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.
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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
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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,
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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.
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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
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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
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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.
-----------------------------------------------------------------------
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: https://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: https://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
