Unknown. Interim final rule with request for comments

5,136 words·~23 min read·/register/2000/07/10/00-17415·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-07-10.xml --- 65 132 Monday, July 10, 2000 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research Quality National Advisory Council, 42378 00-17370 Agency Agency for Toxic Substances and Disease Registry NOTICES Meetings: Scientific Counselors Board, 42378-42379 00-17292 Agricultural Agricultural Marketing Service RULES Potatoes (Irish) grown in— California and Oregon, 42275-42278 00-17415 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Natural Resources Conservation Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 42333-42335 00-17378 Air Force Air Force Department NOTICES Agency information collection activities: Proposed collection; comment request, 42338 00-17284 Amtrak Amtrak Reform Council NOTICES Meetings, 42335-42336 00-17286 Animal Animal and Plant Health Inspection Service PROPOSED RULES Animal welfare: Pain and distress; definitions and reporting, 42304-42305 00-17280 Census Census Bureau RULES Foreign trade statistics: Shipper's export declaration; exporters’ and forwarding agents’ responsibilities for providing and reporting information, etc.; clarification, 42555-42565 00-16895 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 42379 00-17177 Grants and cooperative agreements; availability, etc.: Intervention epidemiologic research study of HIV/AIDS, 42379-42382 00-17294 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 42382 00-17293 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 42336 00-17438 Coast Guard Coast Guard RULES Ports and waterways safety: Arkansas River, TN, 42289-42290 00-17366 Boston Harbor, MA; safety zone, 42287-42289 00-17337 Commerce Commerce Department See Census Bureau See Export Administration Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Dominican Republic, 42337-42338 00-17288 Defense Defense Department See Air Force Department See Navy Department Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 42339 00-17285 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Disability and Rehabilitation Research Projects and Centers Program, 42587-42592 00-17384 00-17385 Meetings: Web-based Education Commission, 42339-42340 00-17291 Postsecondary education:

Student assistance general provisions, 42340-42346 00-17383 Employment Employment and Training Administration NOTICES Adjustment assistance: Amway Corp. et al., 42392-42393 00-17305 Art Craft Optical Co., Inc., 42393 00-17308 Art Craft Optical Co., Inc., et al., 42393-42394 00-17313 Black Warrior Wireline Corp., 42394 00-17314 Donnkenny Apparel, Inc., et al., 42394-42395 00-17312 Furniture Crafters, 42395 00-17317 Glacier Gold Compost, Inc., 42395 00-17316 Johnson Controls, Inc., 42395 00-17319 Shepherd Operating, Inc., 42395 00-17307 Adjustment assistance and NAFTA technical adjustment assistance:

Tempset, Inc., 42392 00-17320 NAFTA transitional adjustment assistance: Ametek U.S. Gauge Division, 42395-42396 00-17309 Chavez Signs, Inc., 42396 00-17318 Cooper Energy Services, 42396 00-17311 Invensys Best Power, 42396 00-17310 Mediacopy, 42396 00-17306 Southland Manufacturing Co. Inc., 42396-42397 00-17315 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Hazardous waste combustors, 42292-42302 00-16515 Air quality implementation plans; approval and promulgation; various States:

New Hampshire, Rhode Island, and Vermont, 42290-42292 00-16626 PROPOSED RULES Air quality implementation plans; approval and promulgation; various states: New Hampshire, Rhode Island, and Vermont, 42312 00-16627 Ohio, 42312-42316 00-17192 NOTICES Meetings: Mechanisms for limiting quantities of pesticides used, 42353-42355 00-17355 Peer-Review Panel workshop, 42355-42356 00-17350 Science Advisory Board, 42356 00-17336 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Huntsman Petrochemical Corp., 42356-42360 00-17357 Superfund; response and remedial actions, proposed settlements, etc.: BMI Textron Corp., 42360-42361 00-17353 Marshall J. Williams and Williams Paving Co., LLC, 42361 00-17352 Superfund program: Prospective purchaser agreements— Green Industries Site, OH, 42360 00-17349 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export Administration Bureau RULES Export administration regulations:

Parties to transaction and their responsibilities, routed export transactions, Shipper's Export Declarations, and export clearance, 42564-42575 00-16894 Export Export-Import Bank NOTICES Meetings: Sub-Saharan Africa Advisory Committee, 42361 00-17382 FAA Federal Aviation Administration RULES Airworthiness directives: New Piper Aircraft, Inc., 42281-42283 00-17295 Airworthiness standards: Special conditions— Hamilton Sunstrand; constant speed propeller, 42278-42281 00-17242 PROPOSED RULES Airworthiness directives:

Boeing, 42306-42309 00-17302 NOTICES Airport Noise and Capacity Act of 1990: Naples Municipal Airport, FL; restriction on Stage 2 operations, 42418 00-17379 Meetings: RTCA, Inc., 42418-42419 00-17381 Passenger facility charges; applications, etc.: Okaloosa Regional Airport, FL, 42419 00-17380 FCC Federal Communications Commission NOTICES Common carrier services: In-region interLATA services— Southwestern Bell Telephone Co. et al.; application to provide services in Texas granted, 42361-42365 00-17287 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 42365 00-17441 Federal Election Federal Election Commission NOTICES Civil enforcement actions involving coordinated party expenditures; status, 42365-42366 00-17328 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-17363 42366-42367 00-17364 Disaster and emergency areas: Minnesota, 00-17359 42367 00-17362 North Dakota, 42367-42368 00-17360 Wisconsin, 00-17358 42368-42369 00-17361 Grants and cooperative agreements; availability, etc.:

Emergency Management Performance Grants; cost share standardization, 42369 00-17365 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: FPL Energy Cape, LLC, et al., 42348-42351 00-17323 Hydroelectric applications, 42351-42352 00-17327 Meetings; Sunshine Act, 42352-42353 00-17442 *Applications, hearings, determinations, etc.:* El Paso Natural Gas Co., 42346 00-17325 Koch Gateway Pipeline Co., 42346-42347 00-17326 MultiFuels Marketing Co., 42347 00-17273 Reliant Energy Gas Transmission Co., 42347 00-17324 Unicom Energy, Inc., 42347-42348 00-17274 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Hardy County, WV, 42419-42420 00-17369 Federal Railroad Federal Railroad Administration RULES General railroad system: Passenger operations and waivers related to shared track use by light rail and conventional equipment, 42528-42553 00-17208 NOTICES General railroad system: Passenger operations and waivers related to shared track use by light rail and conventional equipment; policy statement, 42525-42528 00-17209 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 42369-42370 00-17275 00-17371 Meetings; Sunshine Act, 42370 00-17487 Federal Transit Federal Transit Administration NOTICES General railroad system: Passenger operations and waivers related to shared track use by light rail and conventional equipment; policy statement, 42525-42528 00-17209 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Cape Sable seaside sparrow, 42316-42318 00-17260 Hunting and fishing:

Refuge-specific regulations, 42318-42332 00-16677 Food Food and Drug Administration NOTICES Grants and cooperative agreements; availability, etc.: Food safety research, 42382-42386 00-17276 Meetings: Radiofrequency Micronucleus Working Group, 42386-42387 00-17277 Reports and guidance documents; availability, etc.: Combined oral contraceptives industry; labeling for healthcare providers and patients, 42387 00-17278 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration NOTICES Reports and guidance documents; availability, etc.:

Health Insurance Portability and Accountability Act health data standards; Vital and Health Statistics National Committee recommendations, 42370-42378 00-17339 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: National Oral Health Policy Center and State Oral Health Leadership Partnership; correction, 42387-42388 00-17279 Health Professions Education for Under-represented Minority Individuals Centers of Excellence Program; eligibility criteria, 42388-42389 00-17322 Housing Housing and Urban Development Department RULES Low income housing:

Housing assistance payments (Section 8)— Tenant-based certificate and voucher programs merger into Housing Choice Voucher Program, 42507-42509 00-17024 Public and Indian housing: Admission and occupancy— Pet ownership in public housing, 42517-42523 00-17023 Public housing resident management corporations; direct funding, 42511-42515 00-17025 PROPOSED RULES Freedom of Information Act regulations; revision, 42577-42586 00-17181 Public and Indian housing: Operating fund formula; operating subsidies, 42487-42505 00-17026 Indian Indian Affairs Bureau NOTICES Reservation establishment, additions, etc.:

Bay Mills Indian Community, MI, 42389-42390 00-17377 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau Justice Justice Department See Parole Commission Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: Alaska, 42390-42391 00-17368 Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 42397 00-17517 NASA National Aeronautics and Space Administration NOTICES Meetings:

Aero-Space Technology Advisory Committee, 00-17303 42397 00-17304 National National Council on Disability NOTICES Meetings; Sunshine Act, 42397-42398 00-17499 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Salmon and steelhead, 42421-42486 00-16932 00-16933 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands prohibited species catch, 42302-42303 00-17269 NOTICES Agency information collection activities:

Proposed collection; comment request, 42336-42337 00-17372 00-17373 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Colfax County et al., NM; five States grazing emphasis geographic priority area; environmental quality incentives program, 42335 00-17283 Navy Navy Department NOTICES Meetings: Naval Research Advisory Committee, 42338-42339 00-17367 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Union of Concerned Scientists, 42305-42306 00-17340 NOTICES Environmental statements; availability, etc.:

Armed Forces Radiobiology Research Institute, 42398-42400 00-17344 BWX Technologies, Inc., 42400-42402 00-17342 Southern California Edison, 42402-42403 00-17343 *Applications, hearings, determinations, etc.:* Western Soil, Inc., 42398 00-17341 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Parole Parole Commission NOTICES Meetings; Sunshine Act, 00-17439 42392 00-17440 Patent Patent and Trademark Office PROPOSED RULES Patent cases:

Treatment of unlocatable application and patent files, 42309-42312 00-17182 Presidential Presidential Documents PROCLAMATIONS Trade: Generalized System of Preferences; amendments (Proc. 7328), 42595-42596 00-17571 ADMINISTRATIVE ORDERS Korean Peninsula Energy Development Organization (KEDO); U.S. contribution (Presidential Determination No. 2000-25 of June 29, 2000), 42273 00-17471 Public Public Health Service See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Contra Costa Water District's Multi-Purpose Pipeline Project, CA, 42391-42392 00-17376 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 42403-42404 00-17329 Investment Company Act of 1940: Deregistration applications— Oppenheimer Core Equity Fund et al., 42405-42407 00-17282 Joint industry plan: National Association of Securities Dealers, Inc., et al., joint transaction reporting plan extension, 42411-42412 00-17330 Meetings;

Sunshine Act, 42407 00-17443 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 42408-42409 00-17331 Chicago Board Options Exchange, Inc., 42409-42411 00-17332 Pacific Exchange, Inc., 42412-42414 00-17334 Philadelphia Stock Exchange, Inc., 00-17333 42414-42417 00-17335 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 42404-42405 00-17281 Social Social Security Administration RULES Social security benefits and supplemental security income:

Federal old age, survivors, and disability insurance and aged, blind, and disabled— False or misleading statement penalties; administrative procedures, 42283-42287 00-17270 Surface Surface Transportation Board NOTICES Railroad services abandonment: Norfolk Southern Railway Co., 42420 00-17241 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES Meetings:

Industry Sector Advisory Committees— Small and Minority Business, 42418 00-17183 Trade and Environment Policy Advisory Committee, 42418 00-17374 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board Separate Parts In This Issue Part II Department of Commerce, National Oceanic and Atmospheric Administration, 42421-42486 00-16933 00-16932 Part III Department of Housing and Urban Development, 42487-42505 00-17026 Part IV Department of Housing and Urban Development, 42507-42509 00-17024 Part V Department of Housing and Urban Development, 42511-42515 00-17025 Part VI Department of Housing and Urban Development, 42517-42523 00-17023 Part VII Department of Transportation, Federal Railroad Administration and Federal Transit Administration, 42525-42553 00-17209 00-17208 Part VIII Department of Commerce, Bureau of the Census and Bureau of Export Administration, 42555-42575 00-16895 00-16894 Part IX Department of Housing and Urban Development, 42577-42586 00-17181 Part X Department of Education, 42587-42592 00-17384 00-17385 Part XI The President, 42595-42596 00-17571 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 132 Monday, July 10, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 947 [Docket No.

FV00-947-1 IFR] Irish Potatoes Grown in Modoc and Siskiyou Counties, California, and in all Counties in Oregon, except Malheur County; Suspension of Handling, Reporting, and Assessment Collection Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule suspends for the 2000-2001 and future seasons the minimum grade, size, quality, maturity, pack, inspection, and other related requirements prescribed under the Oregon-California potato marketing order.

It also suspends all reporting and assessment collection requirements. The marketing order regulates the handling of Irish potatoes grown in Modoc and Siskiyou Counties, California, and in all Counties in Oregon, except Malheur County, and is administered locally by the Oregon-California Potato Committee (Committee). This rule will reduce industry-operating expenses. DATES: Effective July 1, 2000. Comments received by September 8, 2000 will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; Fax:

(202)720-5698; or E-mail: moab.docketclerk@usda.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 Office of the Docket Clerk during regular business hours or can be viewed at: http://www.ams.usda.gov/fv/moab.html. FOR FURTHER INFORMATION CONTACT: Teresa L. Hutchinson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, suite 385, Portland, Oregon 97204-2807; telephone:

(503)326-2724, Fax:

(503)326-7440; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone:

(202)720-2491, Fax:

(202)720-5698. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. Box 96456, Room 2525-S, Washington, DC 20090-6456; telephone

(202)720-2491, Fax:

(202)720-5698, or E-mail: Jay.Guerber@usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 114 and Marketing Order No. 947, both as amended (7 CFR part 947), regulating the handling of Irish potatoes grown in Modoc and Siskiyou Counties in California, and in all counties in Oregon, except Malheur County, hereinafter referred to as the “order.” The marketing agreement and order are effective under the Agricultural Marketing Agreement Act of 1937, as amended, (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture (Department) is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule maintains continuity with the current suspension. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. 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 the Secretary a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with 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 the Secretary 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 the Secretary's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule suspends the minimum grade, size, quality, maturity, pack, inspection, and other related requirements prescribed under the Oregon-California potato marketing order. It also suspends all reporting and assessment collection requirements. The marketing order regulates the handling of Irish potatoes grown in Modoc and Siskiyou Counties, California, and in all Counties in Oregon, except Malheur County, and is administered locally by the Oregon-California Potato Committee. This rule will reduce industry expenses, as it decides whether the marketing order should be continued. Section 947.52 of the order authorizes the issuance of regulations for grade, size, quality, maturity, and pack for any variety of potatoes grown in the production area during any period. Section 947.51 authorizes the modification, suspension, or termination of regulations issued under part 947. Termination or suspension authority also is specified in § 947.71. Section 947.60 provides that whenever potatoes are regulated pursuant to § 947.52, such potatoes must be inspected by the Federal-State Inspection Service, and certified as meeting the applicable requirements of such regulations. The cost of inspection and certification is borne by handlers. Prior to the 1999-2000 season, minimum grade, size, quality, maturity, and pack requirements for potatoes regulated under the order were specified in § 947.340 *Handling Regulation* [7 CFR part 947.340]. This regulation, with modifications and exemptions for different varieties and types of shipments, provided that all potatoes grade at least U.S. No. 2; be at least 2 inches in diameter or weigh at least 4 ounces, and be not more than moderately skinned. Additionally, potatoes packed in cartons had to be U.S. No. 1 grade or better, with an additional tolerance allowed for internal defects, or U.S. No. 2 grade weighing at least 10 ounces. Section 947.340 also included waivers of inspection procedures, reporting and safeguard requirements for special purpose shipments, and a minimum quantity exemption of 19 hundredweight per day. Related provisions appear in the regulations at § 947.130, *Special Purpose Certificates—application and issuance;* § 947.132 *Reports;* § 947.133 *Denial and appeals;* and § 847.134 *Establishment of list of manufacturers of potato products. * The Committee meets prior to and during each season to consider recommendations for modification, suspension, or termination of the regulatory requirements for Oregon-California potatoes that have been issued on a continuing basis. Committee meetings are open to the public and interested persons may express their views at these meetings. The Department reviews Committee recommendations and information submitted by the Committee and other available information, and determines whether modification, suspension, or termination of the regulatory requirements would tend to effectuate the declared policy of the Act. At its March 31, 2000, meeting, the Committee recommended suspending the handling and inspection regulations and related sections for the 2000-2001 and future seasons. It also recommended that all reporting and assessment collection requirements be suspended, too. The Committee requested that this rule be effective on July 1, 2000, which is the date shipments of the 2000 Oregon-California potato crop are expected to begin. The objective of the handling and inspection requirements is to ensure that only acceptable quality potatoes enter fresh market channels, thereby ensuring consumer satisfaction, increasing sales, and improving returns to producers. While the industry continues to believe that quality is an important factor in maintaining sales, the Committee believes the cost of inspection and certification (mandated when minimum requirements are in effect) may exceed the benefits derived. It would like to further assess this matter during the 2000-2001 and future seasons. Potato prices have been at low levels in recent seasons, and many producers have faced difficulty covering their production costs. Therefore, the Committee continues to explore various alternatives for reducing costs. The Committee recommended suspending the handling regulations for a one-year trial from July 1, 1999, through June 30, 2000. The Committee was concerned that the elimination of current requirements could possibly result in lower quality potatoes being shipped to fresh markets. Also, there was some concern that the Oregon-California potato industry could lose sales to other potato producing areas that were covered by quality and inspection requirements. For these reasons, the Committee recommended the one-year suspension of the requirements for the 1999-2000 marketing season. The Committee believes that this one-year trial was successful and recommended continuing the suspension of the handling and inspection requirements indefinitely. Last season's suspension was implemented by the Department with an interim final rule published in the **Federal Register** on June 25, 1999 (64 FR 34113) and finalized on September 13, 1999 (64 FR 49352). Continuation of the suspension for the 2000-2001 and subsequent seasons will enable the Committee to further study the impacts on the industry and consider appropriate actions for ensuing seasons. This rule will enable handlers to ship potatoes without regard to the minimum grade, size, quality, maturity, pack, and inspection requirements, and continue to decrease handler costs associated with inspection. This rule will not restrict handlers from seeking inspection on a voluntary basis. The Committee will continue to evaluate the effects of removing the minimum requirements on marketing and on producer returns at its annual spring meetings. Consistent with the suspension of § 947.340, this rule also suspends §§ 947.120, 947.123, 947.130, 947.132, 947.133, and 947.134 of the rules and regulations in effect under the order. Sections 947.120 and 947.123 provide authority for hardship exemptions from inspection and certification, and establish reporting and recordkeeping requirements when such exemptions are in place. Sections 947.130, 947.132, 947.133, and 947.134 are safeguard and reporting provisions of the order that are applicable to special purpose shipments when inspection and certification requirements are in place. Section 947.125 regarding minimum quantity assessment exemptions, and § 947.180 regarding monthly assessment reports expire by their own terms on June 30, 2000. The September 13, 1999, interim final rule also established reporting requirements for the 1999-2000 season so the Committee could obtain information on which to collect assessments. In previous seasons, it had obtained this information from inspection reports. However, these reports were eliminated with the suspension of mandatory inspection. The reporting requirements will not be needed during the 2000-2001 and future seasons because the Committee recommended that no assessments be collected from handlers during these seasons. Section 947.247 of the marketing order currently prescribes an assessment rate of $0.004 per hundredweight of assessable potatoes for the Oregon-California Potato Committee. Authorization to assess potato handlers enables the Committee to incur expenses that are necessary to administer the marketing order. With the suspension of handling, inspection, and reporting requirements, a limited Committee budget will be needed for program administration during the 2000-2001 and future seasons. For 2000-2001, the Committee recommended a budget of $2,000 for management and its spring meetings. It has about $10,000 in operating reserves to cover approved Committee expenses. Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(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 business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 30 handlers of Oregon-California potatoes who are subject to regulation under the marketing order and approximately 450 potato producers in the regulated area. Small agricultural service firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $5,000,000, and small agricultural producers are defined as those having annual receipts of less than $500,000. The Committee estimates that about 83 percent of the handlers ship under $5,000,000 worth of Oregon-California potatoes and about 17 percent of the handlers ship over $5,000,000 worth of Oregon-California potatoes on an annual basis. In addition, based on acreage, production, and producer prices reported by the National Agricultural Statistics Service, and the total number of Oregon-California potato producers, average annual producer receipts are approximately $294,000, excluding receipts from other sources. In view of the foregoing, it can be concluded that the majority of handlers and producers of Oregon-California potatoes may be classified as small entities. At its March 31, 2000, meeting, the Committee recommended suspending the handling and related regulations. It also recommended suspending all reporting and assessment collection regulations. The Committee requested that this rule be effective on July 1, 2000, which is the date shipments of the 2000 Oregon-California potato crop are expected to begin. This rule will allow the Oregon-California potato industry to market potatoes without minimum grade, size, quality, maturity, pack, and inspection requirements. The objective of the handling requirements is to ensure that only acceptable quality potatoes enter fresh market channels, thereby ensuring consumer satisfaction, increasing sales, and improving returns to producers. While the industry continues to believe that quality is an important factor in maintaining sales, the Committee believes the cost of inspection and certification (mandated when minimum requirements are in effect) may exceed the benefits derived. Potato prices have been at low levels in recent seasons, and many producers have faced difficulty covering their production costs. Therefore, the Committee continues to explore various alternatives for reducing costs. The Committee recommended suspending the handling regulations for a one-year trial from July 1, 1999, through June 30, 2000. The Committee was concerned that the elimination of current requirements could possibly result in lower quality potatoes being shipped to fresh markets. Also, there was some concern that the Oregon-California potato industry could lose sales to other potato producing areas that were covered by quality and inspection requirements. For these reasons, the Committee recommended the one-year suspension of the requirements for the 1999-2000 marketing season. The Committee believes that this one-year trial was successful and recommends continuing the suspension that was finalized by the Department on September 13, 1999 (64 FR 49352). This will enable the Committee to further study the impacts of the suspension and consider appropriate actions for ensuing seasons. This rule will enable handlers to ship potatoes without regard to the minimum grade, size, quality, maturity, pack, inspection, and related requirements. It will decrease handler costs associated with inspection. This rule will not restrict handlers from seeking inspection on a voluntary basis. The Committee will continue to evaluate the effects of removing the minimum requirements on marketing and on producer returns at its annual spring meetings. The Committee anticipates that this rule will not negatively impact small businesses. This rule will suspend minimum grade, size, quality, maturity, pack, and inspection requirements. Further, this rule will allow handlers and producers the choice to obtain inspection for potatoes, as needed, thereby reducing costs for the industry. The total cost of inspection and certification for fresh shipments of Oregon-California potatoes during the 1998-99 marketing season was estimated at $600,000. The 1998-99 marketing season was the most recent year for mandatory inspection. This is approximately $20,000 per handler. The Committee expects, however, that most handlers will continue to have some of their potatoes inspected and certified by the Federal-State Inspection Service. The suspension of the assessment collection requirements for the 2000-2001 and future seasons also will result in some cost savings. Assessment collections during the 1999-2000 season totaled $25,500. Absent the suspension of § 947.247, assessments collected during the 2000-2001 season would have been about $26,000, according to Committee estimates. The Committee investigated the use of other types of inspection programs as another option to reduce the cost of inspection, but believed they were not viable at this time. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements being suspended by this rule were approved previously by the Office of Management and Budget

(OMB)and assigned OMB No. 0581-0178. Suspension of all of the reporting requirements is expected to reduce the reporting burden on small or large Oregon-California potato handlers by almost 300 hours, and should further reduce industry expenses. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sectors. In addition, the Department has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the Oregon-California potato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the March 31, 2000, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. 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/fv/moab.html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on suspension of the handling, reporting, and assessment collection regulations under the Oregon-California potato marketing order. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that the regulations suspended by this action no longer tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also 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 publication in the **Federal Register** because:

(1)This rule suspends the current handling and related regulations for Oregon-California potatoes beginning July 1, 2000;

(2)this rule was recommended by the Committee at an open public meeting and all interested persons had an opportunity to express their views and provide input;

(3)Oregon-California potato handlers are aware of this rule and need no additional time to comply with the relaxed requirements;

(4)this rule should be in effect by July 1, 2000, the date 2000-2001 season shipments of the Oregon-California potato crop are expected to begin, and this action should apply to the entire season's shipments; and

(5)this rule provides a 60-day comment period, and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 947 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR Part 947 is amended as follows: PART 947—IRISH POTATOES GROWN IN MODOC AND SISKIYOU COUNTIES, CALIFORNIA, AND IN ALL COUNTIES IN OREGON, EXCEPT MALHEUR COUNTY 1. The authority citation for 7 CFR Part 947 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In Part 947, §§ 947.120, 947.123, 947.125, 947.130, 947.132, 947.133, 947.134, 947.141, 947.180, 947.247, and 947.340 are suspended in their entirety effective July 1, 2000. Dated: July 5, 2000. Robert C. Keeney, Deputy Administrator, Fruit and Vegetable Programs. [FR Doc. 00-17415 Filed 7-6-00; 9:48 am]

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