Raspberry Termination Federal Reg. Notice

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Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Rules and Regulations

Authority: 5 U.S.C. 5343, 5346; § 532.707
also issued under 5 U.S.C. 552.

2. In appendix D to subpart B, amend
the table by revising the wage area
listing for the States of Illinois, Kansas,
and Michigan and the Commonwealth
of Puerto Rico to read as follows:

■

Appendix D to Subpart B of Part 532—
Nonappropriated Fund Wage and
Survey Areas
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*

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Definitions of Wage Areas and Wage Area
Survey Areas

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ILLINOIS
LAKE
Survey Area

*

*

Illinois:
Lake
Area of Application. Survey area.
Illinois:
Cook
Rock Island
Vermilion
Indiana:
St. Joseph
Iowa:
Johnson
Michigan:
Dickinson
Marquette
Wisconsin:
Brown
Dane
Milwaukee
St. Clair
Survey Area
Illinois:
St. Clair
Area of Application. Survey area plus:
Illinois:
Madison
Williamson
Indiana:
Vanderburgh
Missouri: (city)
St. Louis
Missouri: (counties)
Jefferson
Pulaski
KANSAS
Leaven-Worth-Jackson-Johnson
Survey Area
Kansas:
Leavenworth
Missouri:
Jackson
Johnson
Area of Application. Survey area.
Kansas:
Shawnee
Missouri:
Boone
Camden
Cass
Greene
Sedgwick
Survey Area
Kansas:
Sedgwick

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Area of Application. Survey area.
Kansas:
Geary
Saline
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MICHIGAN
Macomb
Survey Area

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DATES:

FOR FURTHER INFORMATION CONTACT:

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Michigan:
Macomb
Area of Application. Survey area.
Michigan:
Alpena
Calhoun
Crawford
Grand Traverse
Huron
Iosco
Kent
Leelanau
Ottawa
Saginaw
Washtenaw
Wayne
Ohio:
Lucas
Ottawa
*

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PUERTO RICO
Guaynabo-San Juan
Survey Area

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Puerto Rico:
Guaynabo
San Juan
Area of Application. Survey area.
Puerto Rico:
Aguadilla
Bayamon
Mayaguez
Ponce
Salinas
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BILLING CODE 6325–39–P

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1208
[Document Number AMS–SC–19–0047]

Processed Raspberry Promotion,
Research, and Information Order;
Termination
Agricultural Marketing Service,
USDA.
ACTION: Final rule; termination order.
AGENCY:

This final rule terminates the
Processed Raspberry Promotion,
Research, and Information Order (Order)
in its entirety. This action is necessary
because termination of the Order was
favored by a majority of the eligible
producers and importers voting in a
referendum conducted from September
10 through October 5, 2018.

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Patricia Petrella, Deputy Director,
Promotion and Economics Division,
Specialty Crop Program, AMS, USDA,
1400 Independence Avenue SW, Stop
0244, Room 1406–S, Washington, DC
20250–0244, telephone (202)720–9915,
facsimile (202) 205–2800, or electronic
mail: [email protected].
SUPPLEMENTARY INFORMATION: This final
rule affecting 7 CFR part 1208 is
authorized under the Commodity
Promotion, Research, and Information
Act of 1996 (1996 Act) (7 U.S.C. 7411–
7425). The Processed Raspberry
Promotion, Research, and Information
Order, referred to herein as the ‘‘Order’’,
is codified at 7 CFR part 1208.
Prior documents in this proceeding:
Termination of Assessments, February
20, 2019 [84 FR 4951], Continuance
Referendum, July 25, 2018 [83 FR
35153]; Processed Raspberry Promotion,
Research, and Information Order, May
8, 2012 [77 FR 26911]; and Referendum
Procedures, February 8, 2010 [75 FR
6089].
Executive Orders 12866, 13563, and
13771

[FR Doc. 2019–20144 Filed 9–23–19; 8:45 am]

SUMMARY:

Effective Date: September 25,

2019.

Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules and promoting
flexibility. This final rule falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review. Additionally, because
this 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).
Executive Order 13175
This final rule has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this rule will not have substantial and
direct effects on Tribal governments and

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Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Rules and Regulations
will not have significant Tribal
implications.

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Executive Order 12988
In addition, this final rule has been
reviewed under Executive Order 12988,
Civil Justice Reform. It is not intended
to have retroactive effect. Section 524 of
the 1996 Act (7 U.S.C. 7423) provides
that it shall not affect or preempt any
other State or Federal law authorizing
promotion or research relating to an
agricultural commodity.
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
Under section 519 of the 1996 Act (7
U.S.C. 7418), a person subject to an
order may file a written petition with
USDA stating that an order, any
provision of an order, or any obligation
imposed in connection with an order, is
not established in accordance with the
law, and request a modification of an
order or an exemption from an order.
Any petition filed challenging an order,
any provision of an order, or any
obligation imposed in connection with
an order, shall be filed within two years
after the effective date of an order,
provision, or obligation subject to
challenge in the petition. The petitioner
will have the opportunity for a hearing
on the petition. Thereafter, USDA will
issue a ruling on the petition. The 1996
Act provides that the district court of
the United States for any district in
which the petitioner resides or conducts
business shall have the jurisdiction to
review a final ruling on the petition, if
the petitioner files a complaint for that
purpose not later than 20 days after the
date of the entry of USDA’s final ruling.
Background
This final rule terminates the Order as
prescribed in its § 1208.72 and section
522 of the 1996 Act. The 1996 Act
authorizes a national processed
raspberry promotion, research, and
information program. In accordance
with the 1996 Act, upon the request of
the industry, USDA developed and
implemented the Order, which became
effective on May 9, 2012.
The Order covered persons who grew
20,000 pounds or more of raspberries for
processing in the United States or
imported 20,000 pounds or more of
processed raspberries into the United
States.
Section 518(c) of the 1996 Act (7
U.S.C. 7417(c)), and § 1208.71(b) of the
Order provide that the Secretary of
Agriculture (Secretary) shall conduct a
subsequent referendum among people
subject to assessments. The Order states

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that subsequent referenda will be held
every seven years to determine whether
producers of raspberries for processing
and importers of processed raspberries
favor continuance of the Order. A
referendum also may be held by request
of 10 percent or more of eligible voters,
by request of the Council established by
the Order, or when the Secretary deems
it necessary. The Order shall continue if
it is favored by a majority of producers
and importers voting in the referendum,
who during a representative period,
have been engaged in the production or
importation of processed raspberries.
In March 2018, USDA received a
petition requesting a referendum from
more than the required 10 percent of
eligible producers of raspberries for
processing and importers of processed
raspberries. As such, a referendum was
held from September 10 through
October 5, 2018. The representative
period for establishing voter eligibility
was January 1 through December 31,
2017. Persons who grew 20,000 pounds
or more of raspberries for processing in
the United States or imported 20,000
pounds or more of processed raspberries
into the United States during the
representative period and were subject
to assessment during the representative
period were eligible to vote. Notice of
the referendum was published in the
Federal Register on July 25, 2018 (83 FR
35153). Termination of the Order was
favored by 57 percent of the eligible
producers and importers voting in the
referendum.
In addition, in accordance with
§ 1208.73 of the Order, the USDA
appointed three members of the Council
to serve as trustees for the purpose of
liquidating the assets of the Council.
Regulatory Flexibility Act Analysis
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
612), AMS is required to examine the
economic impact of this rule on small
entities. Accordingly, AMS has
considered the economic impact of this
action on such entities.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions so
that small businesses will not be
disproportionately burdened. The Small
Business Administration (SBA) 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
$7.5 million.
According to the Council, it is
estimated that there are 160 producers
of raspberries for processing and 30 first

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handlers of raspberries for processing in
the United States. Dividing the
processed raspberry crop value for 2017
reported by the National Agricultural
Statistics Service (NASS) of
$102,691,456 1 by the number of
producers yields an annual average
producer revenue of $641,821. It is
estimated that 75 percent of first
handlers shipped under $7.5 million
worth of processed raspberries.
Likewise, based on U.S. Customs data,
it is estimated there are 136 importers
of processed raspberries. Using 2017
Customs data, nearly all importers, or 99
percent, import less than $7.5 million
worth of processed raspberries annually.
Thus, the majority of domestic
producers, first handlers, and importers
of processed raspberries would be
considered small entities.
Regarding the value of the
commodity, as mentioned above, based
on 2017 NASS data, the value of the
domestic crop was about $102 million.
According to U.S. Customs data, the
value of 2017 imports was about $55
million.
According to the Council, in 2017
there were 202 eligible producers and
importers who paid about $1.2 million
in assessments. When the Order was
published in the Federal Register on
May 8, 2012, the USDA stated that an
anticipated $1.2 million of assessments
would be collected from about 245
eligible entities. The assessment rate
currently is one cent per pound of
processed raspberries. This is the same
rate that was set when the program first
started. USDA has issued a rule to
terminate the assessments which was
effective on February 21, 2019 (84 FR
4951).
Although research and promotion
order requirements are imposed on
handlers and importers, the costs of the
requirements are often passed on to
producers. Termination of the Order,
and the resulting regulatory relaxation,
would therefore be expected to reduce
costs for handlers, importers and
producers.
This action will not impose any
additional reporting or recordkeeping
requirements on either large or small
producers or importers of processed
raspberries.
The Department has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
rule.
Termination Order
Termination of the Order was favored
by a majority of the eligible producers
1 Noncitrus Fruits and Nuts 2017 Summary, June
2018, USDA, National Agricultural Statistics
Service, pg. 83.

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Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Rules and Regulations

and importers voting in a referendum
conducted in September and October
2018. The Act requires that, upon such
a determination by referendum, the
Department shall terminate the Order.
The assets of the Council have been
liquidated, and a final audit of the
Council’s books has been conducted.
It is therefore ordered, that pursuant
to section 522 of the Act, the Order is
hereby terminated.
It is also found and determined upon
good cause that it is impracticable,
unnecessary, and contrary to the public
interest to give preliminary notice or to
engage in further public procedure prior
to putting this action into effect, and
that good cause exists for not
postponing the effective date of this
action until 30 days after publication in
the Federal Register because (1) this
action relieves restrictions on handlers
and importers by terminating the
requirements of the Order; (2)
termination of the Order was favored by
a majority of qualified producers and
importers voting in a referendum in
September–October 2018; and (3) the
assets of the Council have been
liquidated and a final audit of the
Council’s books has been conducted.
List of Subjects in 7 CFR Part 1208
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Raspberry promotion, Reporting and
recordkeeping requirements.
PART 1208—[REMOVED]
For the reasons set forth in the
preamble, and under the authority of 7
U.S.C. 6802 et seq., 7 CFR part 1208 is
removed.

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Dated: September 16, 2019.
Bruce Summers,
Administrator.
[FR Doc. 2019–20343 Filed 9–23–19; 8:45 am]
BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

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14 CFR Part 39
[Docket No. FAA–2019–0692; Product
Identifier 2018–NE–19–AD; Amendment 39–
19735; AD 2019–18–08]
RIN 2120–AA64

Airworthiness Directives; Engine
Alliance Turbofan Engines
Federal Aviation
Administration (FAA), DOT.

AGENCY:

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Final rule; request for
comments.

ACTION:

The FAA is superseding
Airworthiness Directive (AD) 2019–16–
04 for all Engine Alliance (EA) GP7270
and GP7277 model turbofan engines.
AD 2019–16–04 required a visual
inspection of the 1st-stage low-pressure
compressor (LPC) rotor assembly,
referred to after this as the ‘‘engine fan
hub assembly,’’ for damage, a one-time
eddy current inspection (ECI) of the
engine fan hub blade slot bottom and
blade slot front edge for cracks; and
removal of parts if damage or defects are
found. AD 2019–16–04 also required
replacement of the engine fan hub blade
lock assembly for certain GP7270 and
GP7277 model turbofan engines. This
AD, for certain GP7270 and GP7277
model turbofan engines, reduces the
compliance time for the initial ECI and
requires repetitive ECIs of the engine fan
hub blade slot bottom and blade slot
front edge for cracks. This AD also
retains the visual inspection
requirements of the engine fan hub
assembly for all GP7270 and GP7277
model turbofan engines. This AD was
prompted by an uncontained failure of
the engine fan hub. The FAA is issuing
this AD to address the unsafe condition
on these products.
DATES: This AD is effective October 9,
2019.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 9, 2019.
The FAA must receive any comments
on this AD by November 8, 2019.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this final rule, contact Engine Alliance,
411 Silver Lane, East Hartford, CT
06118; phone: 800–565–0140; email:
[email protected]; website:
www.engineallianceportal.com. You
may view this service information at the
SUMMARY:

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FAA, Engine and Propeller Standards
Branch, 1200 District Avenue,
Burlington, MA 01803. For information
on the availability of this material at the
FAA, call 781–238–7759. It is also
available on the internet at http://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0692.
Examining the AD Docket
You may examine the AD docket on
the internet at http://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0692; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
the regulatory evaluation, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:

Matthew Smith, Aerospace Engineer,
ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:
781–238–7735; fax: 781–238–7199;
email: [email protected].
SUPPLEMENTARY INFORMATION:

Discussion
The FAA issued AD 2019–16–04,
Amendment 39–19707 (84 FR 41617,
August 15, 2019), (‘‘AD 2019–16–04’’),
for all EA GP7270 and GP7277 model
turbofan engines. AD 2019–16–04
required a visual inspection of the
engine fan hub assembly for damage, a
one-time ECI of the engine fan hub
blade slot bottom and blade slot front
edge for cracks, and removal of parts if
damage or defects are found that are
outside serviceable limits. AD 2019–16–
04 required an independent inspection
of the engine fan hub assembly prior to
reassembly of the engine fan hub blade
lock assembly. AD 2019–16–04 also
required replacement of the engine fan
hub blade lock assembly for certain
serial-numbered GP7270 and GP7277
model turbofan engines. AD 2019–16–
04 resulted from the manufacturer’s
determination that an independent
inspection of the fan hub assembly for
damage was necessary prior to the
reassembly of the engine fan hub blade
lock assembly for all EA GP7270 and
GP7277 model turbofan engines. The
FAA issued AD 2019–16–04 to detect
defects, damage, and cracks that could
result in an uncontained failure of the
engine fan hub assembly.

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