83 FR 34953 - Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Proposed Amendments to the Marketing Order (No. 956)
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 142 (July 24, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 142 (July 24, 2018)
| Page Range | 34953-34956 | |
| FR Document | 2018-15792 |
[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)] [Proposed Rules] [Pages 34953-34956] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15792] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules [[Page 34953]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 956 [Doc. No.: AMS-SC-18-0028; SC-18- 956-1] Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Proposed Amendments to the Marketing Order (No. 956) AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule invites comments on proposed amendments to Marketing Order No. 956, which regulates the handling of sweet onions grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon. The proposed amendments would change the Walla Walla Sweet Onion Marketing Committee's (Committee) size, quorum, and voting requirements. It would also change the staggered term limits so that one-half of the producer and handler member terms expire every two fiscal periods instead of one-third every three fiscal periods. DATES: Comments must be received by September 24, 2018. ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or internet: http://www.regulations.gov. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing Specialist, or Julie Santoboni, Rulemaking Branch Chief, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposal is issued under Marketing Order No. 956, as amended (7 CFR part 956), regulating the handling of sweet onions grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon. Part 956 (referred to as the ``Order'') is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Committee locally administers the Order and is comprised of sweet onion producers and handlers operating within the area of production and a public member. Section 608c(17) of the Act and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900) authorizes amendment of the Order through this informal rulemaking action. The Agricultural Marketing Service (AMS) will consider comments received in response to this proposed rule, and based on all the information available, will determine if the Order amendment is warranted. If AMS determines amendment of the Order is warranted, a subsequent proposed rule and notice of referendum would be issued and producers would be allowed to vote for or against the proposed Order amendments. AMS would then issue a final rule effectuating any amendments approved by producers in the referendum. The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this proposed rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule shall not be deemed to preclude, preempt, or supersede any State program covering sweet onions grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed no later than 20 days after the date of entry of the ruling. Section 1504 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill)(Pub. L. 110-246) amended section 8c(17) of the Act, which in turn required the addition of supplemental rules of practice to 7 CFR [[Page 34954]] part 900 (73 FR 49307; August 21, 2008). The amendment of section 8c(17) of the Act and the supplemental rules of practice authorize the use of informal rulemaking (5 U.S.C. 553) to amend Federal fruit, vegetable, and nut marketing agreements and orders. USDA may use informal rulemaking to amend marketing orders based on the nature and complexity of the proposed amendments, the potential regulatory and economic impacts on affected entities, and any other relevant matters. AMS has considered these factors and has determined that the amendments proposed are not unduly complex and the nature of the proposed amendments is appropriate for utilizing the informal rulemaking process to amend the Order. A discussion of the potential regulatory and economic impacts on affected entities is discussed later in the ``Initial Regulatory Flexibility Analysis'' section of this proposed rule. The proposed amendments were unanimously recommended by the Committee following deliberations at two public meetings held on November 14, 2017 and March 3, 2018. The proposals would amend the Order by changing the Committee's size, quorum, and voting requirements. This action would also change the staggered term limits so that one-half of the producer and handler member terms expire every two fiscal periods instead of one-third every three fiscal periods. Proposal 1--Reduce Committee Size Section 956.20 provides that the Committee consists of ten members, six of whom shall be producers, three of whom shall be handlers, and one public member. This proposal would amend Sec. 956.20 by reducing the size of the Committee from ten to seven members, four of whom shall be producers, two of whom shall be handlers, and one public member. The requirement that each member have an alternate with the same qualifications as the member would remain unchanged. Since promulgation of the Order in 1995, the number of Walla Walla sweet onion producers and handlers operating in the industry has decreased, which makes it difficult to find enough members and alternates to fill all the positions on the Committee. Decreasing the Committee's size from ten members to seven members would make it more reflective of today's industry. Having a smaller size committee would enable it to fulfill membership and quorum requirements. These changes should help the Committee streamline its operations and increase its effectiveness. Proposal 2--Revise Term of Office and Staggered Term Limits Section 956.21 requires Committee members and their alternates to serve for three years in staggered terms with one-third of the terms expiring each year. This proposal would change Sec. 956.21 by revising the terms of office for the producer and handler members from three years to two years beginning on June 1 so that one-half of the Committee changes every year. The staggered terms would also change so that one-half of the producer and handler member terms expire every two fiscal periods instead of one-third of the producer and handler members forms expiring every three fiscal periods. The proposed term limit changes would only apply to producer and handler members, and the public member term would remain three years. Proposal 3--Revise Quorum and Voting Requirements Currently, Section 956.28(a) states that six members of the Committee shall constitute a quorum, and six concurring votes shall be required to pass any motion or approve any Committee action, except that recommendations made pursuant to Sec. 956.61 shall require seven concurring votes. The proposed changes would modify Sec. 956.28 to state that four rather than six members would constitute a quorum and four rather than six concurring votes would be required to pass any motion to approve any Committee action, except for recommendations made pursuant to Sec. 956.61, which would require five rather than seven concurring votes. These changes would help to streamline the Committee's operations and increase its effectiveness. Initial Regulatory Flexibility Analysis Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are eight handlers of Walla Walla sweet onions subject to regulation under the Order and approximately 15 producers in the regulated production area. Small agricultural service firms are defined by the Small Business Administration as those having annual receipts of less than $7,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). The Committee reported that approximately 390,000 50-pound bags or equivalents of Walla Walla sweet onions were shipped into the fresh market in 2017. Based on information reported by USDA's Market News Service, the average 2017 marketing year f.o.b. shipping point price for the Walla Walla sweet onions was $14.90 per 50-pound equivalent. Multiplying the $14.90 average price by the shipment quantity of 390,000 50-pound equivalents yields an annual crop revenue estimate of $5,811,000. The average annual revenue for each of the eight handlers is therefore calculated to be $726,375 ($5,811,000 divided by eight), which is considerably less than the Small Business Administration threshold of $7,500,000. Consequently, all the Walla Walla sweet onion handlers could be classified as small entities. In addition, based on information provided by the National Agricultural Statistics Service (NASS), the average producer price for Walla Walla sweet onions for the 2012 through 2016 marketing years is $15.27 per 50-pound equivalent. NASS has not released data regarding the 2017 marketing year at this time. Multiplying the 2012-2016 marketing year average price of $15.27 by the 2017 marketing year shipments of 390,000, 50-pound equivalents yields an annual crop revenue estimate of $5,955,300. The estimated average annual revenue for each of the 15 producers is therefore calculated to be approximately $397,020 ($5,955,300 divided by 15), which is less than the Small Business Administration threshold of $750,000. In view of the foregoing, the majority of Walla Walla sweet onion producers, and all of the Walla Walla sweet onion handlers, may be classified as small entities. The proposed amendments would change the Committee's size, quorum, and voting requirements. They would also change the staggered term limits so that one-half of the producer and handler member terms expire every two fiscal periods instead of one-third every three fiscal periods. The Committee's proposed amendments were unanimously recommended at two public meetings on November 14, 2017 and March 3, 2018. If these proposals are approved in [[Page 34955]] a referendum, there would be no direct financial effects on producers or handlers. The number of producers and handlers operating in the industry has decreased, which makes it difficult to find enough members to fill positions on the Committee. Decreasing the Committee's size would make it more reflective of today's industry. The Committee believes these changes will serve the needs of the Committee and the industry. No economic impact is expected if the proposed amendments are approved because they would not establish any new regulatory requirements on handlers, nor would they have any assessment or funding implications. There would be no change in financial costs, reporting, or recordkeeping requirements if this proposal is approved. Alternatives to this proposal, including making no changes at this time, were considered by the Committee. Due to changes in the industry, AMS believes the proposals are justified and necessary to ensure the Committee's ability to locally administer the program. Reducing the size of the Committee would enable it to fulfill membership and quorum requirements fully, thereby ensuring a more efficient and orderly flow of business. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178 (Vegetable and Specialty Crops). No changes in those requirements are necessary because of this action. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would impose no additional reporting or recordkeeping requirements on either small or large Walla Walla Valley sweet onion handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public-sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action. The Committee's meetings were widely publicized throughout the Walla Walla Valley sweet onion production area. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the November 14, 2017 and March 3, 2018, meetings were public, and all entities, both large and small, were encouraged to express their views on the proposals. Finally, interested persons are invited to submit comments on the proposed amendments to the Order, including comments on the regulatory and information collection impacts of this action on small businesses. Following analysis of any comments received on the amendments proposed in this proposed rule, AMS will evaluate all available information and determine whether to proceed. If appropriate, a proposed rule and notice of referendum would be issued, and producers would be provided the opportunity to vote for or against the proposed amendments. Information about the referendum, including dates and voter eligibility requirements, would be published in a future issue of the Federal Register. A final rule would then be issued to effectuate any amendment favored by producers participating in the referendum. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. General Findings The findings hereinafter set forth are supplementary to the findings and determinations which were previously made in connection with the issuance of Marketing Order 956; and all said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determinations may be in conflict with the findings and determinations set forth herein. 1. Marketing Order 956 as hereby proposed to be amended and all the terms and conditions thereof, would tend to effectuate the declared policy of the Act; 2. Marketing Order 956 as hereby proposed to be amended regulates the handling of sweet onions grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon and is applicable only to persons in the respective classes of commercial and industrial activity specified in the Order; 3. Marketing Order 956 as hereby proposed to be amended is limited in application to the smallest regional production area which is practicable, consistent with carrying out the declared policy of the Act, and the issuance of several marketing orders applicable to subdivisions of the production area would not effectively carry out the declared policy of the Act; 4. Marketing Order 956 as hereby proposed to be amended prescribes, insofar as practicable, such different terms applicable to different parts of the production area as are necessary to give due recognition to the differences in the production and marketing of onions produced or packed in the production area; and 5. All handling of onions produced or packed in the production area as defined in Marketing Order 956 is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. A 60-day comment period is provided to allow interested persons to respond to these proposals. Any comments received on the amendments proposed in this proposed rule will be analyzed, and if AMS determines to proceed based on all the information presented, a producer referendum would be conducted to determine producer support for the proposed amendments. If appropriate, a final rule would then be issued to effectuate the amendments favored by producers participating in the referendum. List of Subjects in 7 CFR Part 956 Onions, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 956 is proposed to be amended as follows: PART 956--SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST WASHINGTON AND NORTHEAST OREGON 0 1. The authority citation for 7 CFR part 956 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Revise Sec. 956.20 to read as follows: Sec. 956.20 Establishment and membership. (a) The Walla Walla Sweet Onion Marketing Committee, consisting of seven members, is hereby established. The Committee shall consist of four producer members, two handler members, and one public member. Each [[Page 34956]] member shall have an alternate who shall have the same qualifications as the member. * * * * * 0 3. Revise Sec. 956.21 to read as follows: Sec. 956.21 Term of office. (a) Except as otherwise provided in paragraph (b) of this section, the term of office of grower and handler Committee members and their respective alternates shall be two years beginning on June 1. The terms shall be determined so that one-half of the grower membership and one- half of the handler membership shall terminate every year. Members and alternates shall serve during the term of office for which they are selected and have been qualified, or during that portion thereof beginning on the date on which they qualify during such term of office and continuing until the end thereof, or until their successors are selected and have qualified. (b) The term of office of the initial members and alternates shall begin as soon as possible after the effective date of this subpart. One-half of the initial industry grower and handler members and alternates shall serve for a one year term and one-half shall serve for a two year term. The initial, as well as all successive terms of office of the public member and alternate member shall be for three years. (c) The consecutive terms of office for all members shall be limited to two two-year terms. There shall be no such limitation for alternate members. 0 4. Revise Sec. 956.28 to read as follows: Sec. 956.28 Procedure (a) Four members of the Committee shall constitute a quorum, and four concurring votes shall be required to pass any motion or approve any Committee action, except that recommendations made pursuant to Sec. 956.61 shall require five concurring votes. * * * * * Dated: July 19, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-15792 Filed 7-23-18; 8:45 am] BILLING CODE 3410-02-P
![34953
Proposed Rules Federal Register
Vol. 83, No. 142
Tuesday, July 24, 2018
This section of the FEDERAL REGISTER rule will be included in the record and and notice of referendum would be
contains notices to the public of the proposed will be made available to the public. issued and producers would be allowed
issuance of rules and regulations. The Please be advised that the identity of the to vote for or against the proposed Order
purpose of these notices is to give interested individuals or entities submitting the amendments. AMS would then issue a
persons an opportunity to participate in the comments will be made public on the final rule effectuating any amendments
rule making prior to the adoption of the final
internet at the address provided above. approved by producers in the
rules.
FOR FURTHER INFORMATION CONTACT: referendum.
Geronimo Quinones, Marketing The Department of Agriculture
DEPARTMENT OF AGRICULTURE Specialist, or Julie Santoboni, (USDA) is issuing this proposed rule in
Rulemaking Branch Chief, Marketing conformance with Executive Orders
Agricultural Marketing Service Order and Agreement Division, 13563 and 13175. This action falls
Specialty Crops Program, AMS, USDA, within a category of regulatory actions
7 CFR Part 956 1400 Independence Avenue SW, Stop that the Office of Management and
[Doc. No.: AMS–SC–18–0028; SC–18–
0237, Washington, DC 20250–0237; Budget (OMB) exempted from Executive
956–1] Telephone: (202) 720–2491, Fax: (202) Order 12866 review. Additionally,
720–8938, or Email: because this proposed rule does not
Sweet Onions Grown in the Walla Geronimo.Quinones@ams.usda.gov or meet the definition of a significant
Walla Valley of Southeast Washington Julie.Santoboni@ams.usda.gov. regulatory action it does not trigger the
and Northeast Oregon; Proposed Small businesses may request requirements contained in Executive
Amendments to the Marketing Order information on complying with this Order 13771. See OMB’s Memorandum
(No. 956) regulation by contacting Richard Lower, titled ‘‘Interim Guidance Implementing
Marketing Order and Agreement Section 2 of the Executive Order of
AGENCY: Agricultural Marketing Service, Division, Specialty Crops Program, January 30, 2017, titled ‘Reducing
USDA. AMS, USDA, 1400 Independence Regulation and Controlling Regulatory
ACTION: Proposed rule. Avenue SW, STOP 0237, Washington, Costs’ ’’ (February 2, 2017).
DC 20250–0237; Telephone: (202) 720– This proposal has been reviewed
SUMMARY: This proposed rule invites 2491, Fax: (202) 720–8938, or Email: under Executive Order 12988, Civil
comments on proposed amendments to Richard.Lower@ams.usda.gov. Justice Reform. This rule is not intended
Marketing Order No. 956, which to have retroactive effect. This rule shall
SUPPLEMENTARY INFORMATION: This
regulates the handling of sweet onions not be deemed to preclude, preempt, or
action, pursuant to 5 U.S.C. 553,
grown in the Walla Walla Valley of supersede any State program covering
proposes an amendment to regulations
Southeast Washington and Northeast sweet onions grown in the Walla Walla
issued to carry out a marketing order as
Oregon. The proposed amendments Valley of Southeast Washington and
defined in 7 CFR 900.2(j). This proposal
would change the Walla Walla Sweet Northeast Oregon.
is issued under Marketing Order No.
Onion Marketing Committee’s The Act provides that administrative
956, as amended (7 CFR part 956),
(Committee) size, quorum, and voting proceedings must be exhausted before
regulating the handling of sweet onions
requirements. It would also change the parties may file suit in court. Under
grown in the Walla Walla Valley of
staggered term limits so that one-half of section 608c(15)(A) of the Act, any
Southeast Washington and Northeast
the producer and handler member terms handler subject to an order may file
Oregon. Part 956 (referred to as the
expire every two fiscal periods instead with USDA a petition stating that the
‘‘Order’’) is effective under the
of one-third every three fiscal periods. order, any provision of the order, or any
Agricultural Marketing Agreement Act
DATES: Comments must be received by of 1937, as amended (7 U.S.C. 601–674), obligation imposed in connection with
September 24, 2018. hereinafter referred to as the ‘‘Act.’’ The the order is not in accordance with law
ADDRESSES: Interested persons are Committee locally administers the and request a modification of the order
invited to submit written comments Order and is comprised of sweet onion or to be exempted therefrom. A handler
concerning this proposed rule. producers and handlers operating is afforded the opportunity for a hearing
Comments must be sent to the Docket within the area of production and a on the petition. After the hearing, USDA
Clerk, Marketing Order and Agreement public member. would rule on the petition. The Act
Division, Specialty Crops Program, Section 608c(17) of the Act and the provides that the district court of the
AMS, USDA, 1400 Independence applicable rules of practice and United States in any district in which
Avenue SW, STOP 0237, Washington, procedure governing the formulation of the handler is an inhabitant, or has his
DC 20250–0237; Fax: (202) 720–8938; or marketing agreements and orders (7 CFR or her principal place of business, has
internet: http://www.regulations.gov. All part 900) authorizes amendment of the jurisdiction to review USDA’s ruling on
comments should reference the Order through this informal rulemaking the petition, provided an action is filed
jstallworth on DSKBBY8HB2PROD with PROPOSALS
document number and the date and action. The Agricultural Marketing no later than 20 days after the date of
page number of this issue of the Federal Service (AMS) will consider comments entry of the ruling.
Register and will be made available for received in response to this proposed Section 1504 of the Food,
public inspection in the Office of the rule, and based on all the information Conservation, and Energy Act of 2008
Docket Clerk during regular business available, will determine if the Order (2008 Farm Bill)(Pub. L. 110–246)
hours, or can be viewed at: http:// amendment is warranted. If AMS amended section 8c(17) of the Act,
www.regulations.gov. All comments determines amendment of the Order is which in turn required the addition of
submitted in response to this proposed warranted, a subsequent proposed rule supplemental rules of practice to 7 CFR
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![34956 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Proposed Rules
member shall have an alternate who DEPARTMENT OF TRANSPORTATION published yearly and effective on
shall have the same qualifications as the September 15.
member. Federal Aviation Administration FOR FURTHER INFORMATION CONTACT:
* * * * * Steve Haga, Federal Aviation
14 CFR Part 71 Administration, Operations Support
■ 3. Revise § 956.21 to read as follows:
[Docket No. FAA–2014–0878; Airspace Group, Western Service Center, 2200 S
§ 956.21 Term of office. Docket No. 14–AWP–10] 216th St., Des Moines, WA 98198–6547;
telephone (206) 231–2252.
(a) Except as otherwise provided in RIN 2120–AA66
SUPPLEMENTARY INFORMATION:
paragraph (b) of this section, the term of
Proposed Amendment of Class D and Authority for This Rulemaking
office of grower and handler Committee
Class E Airspace, and Establishment
members and their respective alternates The FAA’s authority to issue rules
of Class E Airspace; Honolulu, HI
shall be two years beginning on June 1. regarding aviation safety is found in
The terms shall be determined so that AGENCY: Federal Aviation Title 49 of the United States Code.
one-half of the grower membership and Administration (FAA), DOT. Subtitle I, Section 106 describes the
one-half of the handler membership ACTION: Notice of proposed rulemaking authority of the FAA Administrator.
shall terminate every year. Members and (NPRM). Subtitle VII, Aviation Programs,
alternates shall serve during the term of describes in more detail the scope of the
office for which they are selected and SUMMARY: This action proposes to agency’s authority. This rulemaking is
have been qualified, or during that modify Class D airspace, and Class E promulgated under the authority
portion thereof beginning on the date on airspace extending upward from 700 described in Subtitle VII, Part A,
feet above the surface, and establish Subpart I, Section 40103. Under that
which they qualify during such term of
Class E surface area airspace at Wheeler section, the FAA is charged with
office and continuing until the end
Army Airfield (AAF), Honolulu, HI. prescribing regulations to assign the use
thereof, or until their successors are This action also would update the
selected and have qualified. of airspace necessary to ensure the
airport name and geographic safety of aircraft and the efficient use of
(b) The term of office of the initial coordinates in the associated Class D airspace. This regulation is within the
members and alternates shall begin as and E airspace areas to match the FAA’s scope of that authority, as it would
soon as possible after the effective date aeronautical database, and would amend Class D and Class E airspace at
of this subpart. One-half of the initial replace outdated language in the Wheeler Army Airfield (AAF),
industry grower and handler members airspace description. An editorial Honolulu, HI, to support standard
and alternates shall serve for a one year change to the airspace designations also instrument approach procedures for IFR
term and one-half shall serve for a two would be made. operations at the airport.
year term. The initial, as well as all DATES: Comments must be received on
successive terms of office of the public or before September 7, 2018. Comments Invited
member and alternate member shall be ADDRESSES: Send comments on this Interested parties are invited to
for three years. proposal to the U.S. Department of participate in this proposed rulemaking
(c) The consecutive terms of office for Transportation, Docket Operations, 1200 by submitting such written data, views,
all members shall be limited to two two- New Jersey Avenue SE, West Building or arguments, as they may desire.
year terms. There shall be no such Ground Floor, Room W12–140, Comments that provide the factual basis
Washington, DC 20590; telephone: 1– supporting the views and suggestions
limitation for alternate members.
800–647–5527, or (202) 366–9826. You presented are particularly helpful in
■ 4. Revise § 956.28 to read as follows: must identify FAA Docket No. FAA– developing reasoned regulatory
2014–0878; Airspace Docket No. 14– decisions on the proposal. Comments
§ 956.28 Procedure
AWP–10, at the beginning of your are specifically invited on the overall
(a) Four members of the Committee comments. You may also submit regulatory, aeronautical, economic,
shall constitute a quorum, and four comments through the internet at http:// environmental, and energy-related
concurring votes shall be required to www.regulations.gov. aspects of the proposal.
pass any motion or approve any FAA Order 7400.11B, Airspace Communications should identify both
Committee action, except that Designations and Reporting Points, and docket numbers and be submitted in
recommendations made pursuant to subsequent amendments can be viewed triplicate to the address listed above.
§ 956.61 shall require five concurring online at http://www.faa.gov/air_traffic/ Persons wishing the FAA to
votes. publications/. For further information, acknowledge receipt of their comments
you can contact the Airspace Policy on this notice must submit with those
* * * * * comments a self-addressed, stamped
Group, Federal Aviation
Dated: July 19, 2018. Administration, 800 Independence postcard on which the following
Bruce Summers, Avenue SW, Washington, DC 20591; statement is made: ‘‘Comments to FAA–
Administrator, Agricultural Marketing telephone: (202) 267–8783. The Order is 2014–0878; Airspace Docket No. 14–
Service. also available for inspection at the AWP–10’’. The postcard will be date/
National Archives and Records time stamped and returned to the
jstallworth on DSKBBY8HB2PROD with PROPOSALS
[FR Doc. 2018–15792 Filed 7–23–18; 8:45 am]
Administration (NARA). For commenter.
BILLING CODE 3410–02–P
information on the availability of FAA All communications received before
Order 7400.11B at NARA, call (202) the specified closing date for comments
741–6030, or go to https:// will be considered before taking action
www.archives.gov/federal-register/cfr/ on the proposed rule. The proposal
ibr-locations.html. contained in this notice may be changed
FAA Order 7400.11, Airspace in light of the comments received. A
Designations and Reporting Points, is report summarizing each substantive
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Document Created: 2018-07-24 00:10:51
Document Modified: 2018-07-24 00:10:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by September 24, 2018. | |
| Contact | Geronimo Quinones, Marketing Specialist, or Julie Santoboni, Rulemaking Branch Chief, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected] | |
| FR Citation | 83 FR 34953 | |
| CFR Associated | Onions; Marketing Agreements and Reporting and Recordkeeping Requirements |
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