Unknown. Final rule

4,286 words·~19 min read·/register/2000/08/22/00-21369·

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-08-22.xml --- 65 163 Tuesday, August 22, 2000 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 50907-50909 00-21369 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Plant-related quarantine, foreign: Fuji variety apples from Korea, 50937 00-21321 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:

L’Oreal USA, Inc., et al., 51025-51034 00-21289 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Wyoming, 50954 00-21337 Coast Guard Coast Guard RULES Ports and waterways safety: Hudson River, NY; safety zone, 50917-50919 00-21260 NOTICES Reports and guidance documents; availability, etc.: Merchant mariners as officers in charge of navigational watches; proficiency demonstrations; assessment guidelines, 51052-51053 00-21259 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Consumer Consumer Product Safety Commission NOTICES Baby bath seats; petition requesting ban, 50968 00-21257 Defense Defense Department See Defense Information Systems Agency NOTICES Meetings:

President's Information Technology Advisory Committee, 50968 00-21269 Scientific Advisory Board, 50968 00-21268 United States Commission on National Security/21st Century, 50968-50969 00-21267 Privacy Act: Systems of records, 50969-50974 00-21270 00-21272 Defense Defense Information Systems Agency NOTICES Privacy Act: Systems of records, 50974-50976 00-21271 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 50976 00-21307 Employment Employment and Training Administration RULES Aliens:

Temporary employment in U.S.— Attestations by facilities employing H-1C nonimmigrant aliens as registered nurses, 51137-51171 00-20880 NOTICES Agency information collection activities: Proposed collection; comment request, 51035-51038 00-21327 00-21328 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Nevada Test Site, NV, 50976-50977 00-21384 Oak Ridge Reservation, TN, 50977 00-21385 EPA Environmental Protection Agency PROPOSED RULES Hazardous waste:

Corrective Action Management Units, 51079-51135 00-20534 NOTICES Agency information collection activities: Proposed collection; comment request; withdrawn, 50985 00-21380 Submission for OMB review; comment request, 50985-50987 00-21378 00-21379 Project XL (excellence and leadership); innovative technologies projects: PPG Industries, Inc.; chemical research and development facilities, 50987-50988 00-21381 Superfund; response and remedial actions, proposed settlements, etc.: Brownsville Drums Site, TX, 50988 00-21376 Water pollution control:

Marine discharges of vessel sewage, prohibition; petitions, etc.— Virginia, 50988-50990 00-21377 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Airworthiness directives: Fairchild, 50909-50912 00-21053 PROPOSED RULES Air carrier certification and operations: Airports serving scheduled air carrier operations in aircraft with 10-30 seats; certification requirements, 50945-50946 00-21262 NOTICES Advisory circulars; availability, etc.:

Changed aeronautical products; certification basis establishment, 51053-51054 00-21266 Committees; establishment, renewal, termination, etc.: Aircraft Repair and Maintenance Advisory Committee, 51054 00-21263 Passenger facility charges; applications, etc.: Metropolitan Nashville Airport Authority, TN, et al., 51054-51056 00-21265 Will Rogers World Airport, OK, 51056-51057 00-21264 FCC Federal Communications Commission PROPOSED RULES Digital television stations; table of assignments:

Florida, 50951-50952 00-21405 NOTICES Agency information collection activities: Proposed collection; comment request, 50990-50991 00-21410 00-21411 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Solar Turbines Inc. et al., 50982-50985 00-21333 *Applications, hearings, determinations, etc.:* Allegheny Energy Unit 1 and Unit 2, L.L.C., et al., 50977 00-21334 Arkansas Western Pipeline, L.L.C., 50977-50978 00-21293 00-21304 Black Marlin Pipe Line Co., 50978 00-21295 Canyon Creek Compression Co., 50978-50979 00-21299 Columbia Gas Transmission Corp., 50979 00-21298 00-21305 Dominion Transmission, Inc., 50979-50980 00-21303 Garden Banks Gas Pipeline, LLC, 50980 00-21291 Honeoye Storage Corp., 50980 00-21294 Kinder Morgan Interstate Gas Transmission LLC, 50980-50981 00-21302 KN Wattenberg Transmission L.L.C., 50981 00-21301 Millennium Pipeline Co., L.P., 50981 00-21297 Mississippi Canyon Gas Pipeline, LLC, 50981 00-21292 Nautilus Pipeline Co., LLC, 50981-50982 00-21306 Tennessee Gas Pipeline Co., 50982 00-21296 Trailblazer Pipeline Co., 50982 00-21300 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards:

Transportation Equity Act for 21st Century; implementation— Safety fitness procedures, 50919-50935 00-21055 Federal Procurement Federal Procurement Policy Office NOTICES Acquisition regulations: Major system acquisitions; OMB Circular A-109; proposed rescission, 51046 00-21312 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad safety: Florida Overland eXpress

(FOX)high speed rail system; safety standards; termination, 50952 00-21261 NOTICES Exemption petitions, etc.: CSX Transportation, 51057-51058 00-21348 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 50992-50993 00-21282 Change in bank control; correction, 50992 00-21279 Formations, acquisitions, and mergers, 50992 00-21280 Permissible nonbanking activities, 50991-50992 00-21281 Fish Fish and Wildlife Service PROPOSED RULES Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc., 51173-51196 00-21157 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: 2-mercaptobenzothiazole solution, 50912-50913 00-21414 Bacitracin methylene disalicylate, etc., 50914-50917 00-21412 Fenbendazole, 50913-50914 00-21413 PROPOSED RULES Medical devices: Physical medicine devices— Ionotophoresis device; identification revision, 50949-50951 00-21251 NOTICES Meetings: Anti-Infective Drugs Advisory Committee, 50995 00-21250 Anti-Infective Drugs Advisory Committee et al., 50994-50995 00-21247 00-21248 Medical Devices Advisory Committee, 50995-50996 00-21246 Reproductive Health Drugs Advisory Committee, 50996 00-21249 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: Complementary and Alternative Medicine Policy, White House Commission, 50993-50994 00-21360 National Bioethics Advisory Commision, 50994 00-21382 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 50996-50997 00-21255 Submission for OMB review; comment request, 50997-50998 00-21256 Meetings: Childhood Vaccines Advisory Commission, 50998 00-21253 Graduate Medical Education Council et al., 50998-50999 00-21254 Migrant Health National Advisory Council, 50999 00-21252 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 51008-51012 00-21278 Submission for OMB review; comment request, 51012-51014 00-21275 00-21276 00-21277 Organization, functions, and authority delegations: Assistant Secretary for Administration; order of succession, 51014 00-21387 Assistant Secretary for Community Planning and Development; order of succession, 51014-51015 00-21389 Assistant Secretary for Housing; order of succession, 51015 00-21390 Assistant Secretary for Public and Indian Housing; order of succession, 51015-51016 00-21391 Chief Financial Officer; order of succession, 51016 00-21388 General Counsel; order of succession, 51016-51017 00-21386 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Circular welded non-alloy steel pipe and tube, etc., from— Various countries, 50954-50955 00-21396 Light-walled rectangular welded carbon steel pipe and tube, etc., from— Various countries, 50955-50958 00-21397 Uranium from— Russia, 50958-50959 00-21394 Ukraine and Uzbekistan, 50959-50960 00-21395 Countervailing duties: Welded carbon steel pipes and tubes from— Turkey, 50960-50961 00-21393 Justice Justice Department See Antitrust Division See Juvenile Justice and Delinquency Prevention Office NOTICES Meetings: Heavy duty diesel engine consent decrees, 51022 00-21283 Pollution control; consent judgments: Atlantic Richfield Co., 51023 00-21288 HS Resources, Inc., et al., 51023 00-21287 Jayhawk Pipeline, L.L.C., 51023-51024 00-21284 M.A. Jabbar Malik, 51024 00-21286 Pollution control; consent judgments; Zacharias Brothers, a Virginia Partnership, et al., 51024-51025 00-21285 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Grants and cooperative agreements; availability, etc.: Field-Initiated Research and Evaluation Program, 51207-51211 00-21326 Juvenile crime trends research project, 51197-51205 00-21325 Labor Labor Department See Employment and Training Administration See Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 51035 00-21329 Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 51017-51021 00-21317 00-21318 00-21319 00-21320 Management Management and Budget Office See Federal Procurement Policy Office NOTICES Reports and guidance documents; availability, etc.: Metropolitan area standards; Metropolitan Area Standards Review Committee final report and recommendations; comment request, 51059-51077 00-20951 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Floating production, storage, and offloading systems use; correction, 51021-51022 00-21339 National Archives National Archives and Records Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 51046-51047 00-21316 Agency records schedules; availability, 51047-51048 00-21258 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Visiting Committee, 50961-50962 00-21336 Sealant Formulations Service Life Prediction; consortia, 50962 00-21335 NIH National Institutes of Health NOTICES Agency information collection activities: Proposed collection; comment request, 50999-51000 00-21366 Inventions, Government-owned; availability for licensing, 51000-51002 00-21367 00-21368 Meetings: National Cancer Institute, 51002-51003 00-21350 00-21353 00-21363 National Heart, Lung, and Blood Institute, 51003-51004 00-21356 00-21357 00-21358 National Institute of Allergy and Infectious Diseases, 51004, 51006-51007 00-21349 00-21355 00-21365 National Institute of Child Health and Human Development, 51004-51005 00-21351 National Institute of Diabetes and Digestive and Kidney Diseases, 51005-51006 00-21354 National Institute on Aging, 51006-51007 00-21361 00-21362 National Library of Medicine, 51007-51008 00-21352 00-21364 Recombinant DNA Advisory Committee, 51008 00-21359 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 50935-50936 00-21508 PROPOSED RULES Fishery conservation and management: Atlantic coastal fisheries cooperative management— Atlantic Coast horseshoe crab, 50952-50953 00-21371 NOTICES Meetings: Pacific Fishery Management Council, 50962-50964 00-21370 National Telecommunications National Telecommunications and Information Administration NOTICES .us domain space; management and administration, 50964-50967 00-21338 Nuclear Nuclear Regulatory Commission PROPOSED RULES Domestic licensing proceedings and issuance of orders; practice rules: High-level radioactive waste disposal at geologic repository; licensing support network; design standards for participating websites, 50937-50945 00-21228 NOTICES Meetings; Sunshine Act, 51048-51049 00-21535 Office Office of Management and Budget See Management and Budget Office Pension Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Proposed collection; comment request, 51038-51040 00-21330 00-21331 00-21332 Employee benefit plans; prohibited transaction exemptions: First Tennessee National Corp. et al., 51040-51045 00-21274 Postal Postal Service NOTICES Meetings; Sunshine Act, 51049 00-21449 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Social Social Security Administration NOTICES Agency information collection activities: Proposed collection and submission for OMB review; comment request, 51049-51050 00-21323 Meetings: Identity theft victim assistance; workshop, 51050-51051 00-21322 Privacy Act: Computer matching programs, 51051-51052 00-21324 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities: Proposed collection; comment request, 51022 00-21315 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration PROPOSED RULES Economic regulations: Revenue and nonrevenue passengers; definitions, 50946-50949 00-21313 Veterans Veterans Affairs Department NOTICES Committees; establishment, renewal, termination, etc.: Prosthetics and Special-Disabilities Programs Advisory Committee, 51058 00-21310 Meetings: Cemeteries and Memorials Advisory Committee, 51058 00-21311 Separate Parts In This Issue Part II Office of Management and Budget, 51059-51077 00-20951 Part III Environmental Protection Agency, 51079-51135 00-20534 Part IV Department of Labor, Employment and Training Administration, 51137-51171 00-20880 Part V Department of Interior, Fish and Wildlife Service, 51173-51196 00-21157 Part VI Department of Justice, Juvenile Justice and Delinquency Prevention Office, 51197-51205 00-21325 Part VII Department of Justice, Juvenile Justice and Delinquency Prevention Office, 51207-51211 00-21326 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. 65 163 Tuesday, August 22, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Docket No. FV00-905-1 FR] Oranges, Grapefruit, Tangerines and Tangelos Grown in Florida; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Citrus Administrative Committee (Committee) for the 2000-2001 and subsequent fiscal periods from $0.00385 to $0.0055 per 4/5 -bushel carton of citrus handled. The Committee locally administers the marketing order which regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida. Authorization to assess citrus handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. EFFECTIVE DATE: August 23, 2000. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. Box 2276, Winter Haven, FL; telephone:

(863)299-4770, Fax:

(863)299-5169; 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. 84 and Order No. 905, both as amended (7 CFR part 905), regulating the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida, 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. Under the marketing order now in effect, Florida citrus handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable oranges, grapefruit, tangerines, and tangelos beginning August 1, 2000, and continue until amended, suspended, or terminated. 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. Such 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 increases the assessment rate established for the Committee for the 2000-2001 and subsequent fiscal periods from $0.00385 to $0.0055 per 4/5 -bushel carton or equivalent of citrus handled. The Florida citrus marketing order provides authority for the Committee, with the approval of the Department, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of Florida citrus. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 1998-99 and subsequent fiscal periods, the Committee recommended, and the Department approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by the Secretary upon recommendation and information submitted by the Committee or other information available to the Secretary. The Committee met on May 26, 2000, and unanimously recommended 2000-2001 expenditures of $255,500 and an assessment rate of $0.0055 per 4/5 -bushel carton or equivalent of citrus. In comparison, last year's budgeted expenditures were $245,425. The assessment rate of $0.0055 is $0.00165 higher than the rate currently in effect. The quantity of assessable oranges, grapefruit, tangerines, and tangelos for the 2000-2001 fiscal period is expected to be 55,000,000 4/5 -bushel cartons. The Committee projected 60,500,000 assessable 4/5 -bushel cartons of citrus for the 1999-2000 fiscal period. The actual quantity of assessable citrus for 1999-2000 is expected to be 53,500,000 4/5 -bushel cartons. Because of this shortfall, the Committee has had to use money from its authorized reserve fund to cover approved expenses. The increase in assessment rate for 2000-2001 is needed to bring the reserve fund to an acceptable level, and to cover increases in the Committee's budgeted expenditures for the 2000-2001 fiscal period. The major expenditures recommended by the Committee for the 2000-2001 fiscal period include $118,300 for salaries, $36,000 for Manifest Department—FDACS, $19,900 for insurance and bonds, $18,500 for retirement plan, $12,450 for miscellaneous and reserve, and $10,000 for telephone. Budgeted expenses for these items in 1999-2000 were $118,300, $14,000, $19,900, $12,600, $9,075, and $9,000, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Florida citrus. Citrus shipments for the year are estimated at 55 million cartons, which should provide $302,500 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, should be adequate to cover budgeted expenses. Funds in the reserve (approximately $111,371) will be kept within the maximum permitted by the order (one-half of one fiscal period's expenses; § 905.42). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by the Secretary upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or the Department. Committee meetings are open to the public and interested persons may express their views at these meetings. The Department will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2000-2001 budget and those for subsequent fiscal periods would be reviewed and, as appropriate, approved by the Department. Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final 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 11,000 producers of oranges, grapefruit, tangerines, and tangelos in the production area and approximately 80 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts less than $500,000, and small agricultural service firms are defined as those whose annual receipts are less than $5,000,000. Based on the Florida Agricultural Statistical Service and Committee data for the 1998-99 season, the average annual f.o.b. price for fresh Florida citrus during the 1998-99 season was $8.66 per 4/5 -bushel carton for all shipments, and the total shipments for the 1998-99 season were 63.6 million cartons of citrus. Approximately 68 percent of the handlers handled 93 percent of Florida citrus shipments. Using information provided by the Committee, about 60 percent of citrus handlers could be considered small businesses under the SBA definition. Although specific data is unavailable, the Department believes that the majority of Florida citrus producers may be classified as small entities. This rule increases the assessment rate established for the Committee and collected from handlers for the 2000-2001 and subsequent fiscal periods from $0.00385 to $0.0055 4/5 -bushel carton of citrus. The Committee unanimously recommended 2000-2001 expenditures of $255,500 and an assessment rate of $0.0055 per 4/5 -bushel carton. The assessment rate of $0.0055 is $0.00165 higher than the current rate. The quantity of assessable citrus for the 2000-2001 fiscal period is estimated at 55 million 4/5 -bushel cartons. Thus, the $0.0055 rate should provide $302,500 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, should be adequate to cover budgeted expenses. Assessment funds in excess of those needed for approved expenses will be used to increase the Committee's operating reserve. The major expenditures recommended by the Committee for the 2000-2001 fiscal period include $118,300 for salaries, $36,000 for Manifest Department—FDACS, $19,900 for insurance and bonds, $18,500 for retirement plan, $12,450 for miscellaneous and reserve, and $10,000 for telephone. Budgeted expenses for these items in 1999-2000 were $118,300, $14,000, $19,900, $12,600, $9,075, and $9,000, respectively. The quantity of assessable oranges, grapefruit, tangerines, and tangelos for the 2000-2001 fiscal period is expected to be much less than in previous seasons. The Committee projected 60,500,000 assessable 4/5 -bushel cartons of citrus for the 1999-2000 fiscal period. The actual quantity of assessable citrus for 1999-2000 is expected to be 53,500,000 4/5 -bushel cartons. Because of this shortfall, the Committee has had to use money from its authorized reserve fund to cover approved expenses. In an effort to recover from assessment income shortfalls in 1997-98 and 1999-2000, and to bring the reserve fund to an acceptable level, the Committee voted unanimously to increase its assessment rate. The Committee reviewed and unanimously recommended 2000-2001 expenditures of $255,500 that included increases in administrative costs. Prior to arriving at this budget, the Committee considered information from various sources, such as the Budget Subcommittee, the Grapefruit Subcommittee, and the Regulatory Subcommittee. Alternative expenditure levels were discussed by these groups, based upon the estimated number of assessable cartons of citrus. The assessment rate of $0.0055 per 4/5 -bushel carton of assessable citrus was recommended to provide enough income to cover the Committee's estimated expenses for 2000-2001 and to increase its operating reserve. This rate is expected to generate $302,500. This is $47,000 above the anticipated expenses, which the Committee determined to be acceptable. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the grower price for the 2000-2001 fiscal period could range between $4.10 and $19.65 per 4/5 -bushel carton of oranges, grapefruit, tangerines, and tangelos. Therefore, the estimated assessment revenue for the 2000-2001 fiscal period as a percentage of total grower revenue could range between .03 and .13 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived by the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the citrus production area and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 26, 2000, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This rule imposes no additional reporting or recordkeeping requirements on either small or large Florida citrus 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. The Department has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A proposed rule concerning this action was published in the **Federal Register** on July 6, 2000 (65 FR 41608). Copies of the proposed rule were also mailed or sent via facsimile to all citrus handlers. Finally, the proposal was made available through the Internet by the Office of the Federal Register. A 30-day comment period ending August 7, 2000, was provided for interested persons to respond to the proposal. No comments were received. 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. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because the fiscal period began August 1 and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable citrus handled during such fiscal period, and the Committee needs to have sufficient funds to pay its expenses which are incurred on a continuous basis. Further, handlers are aware of this rule which was recommended at a public meeting. Also, a 30-day comment period was provided for in the proposed rule. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. For the reasons set forth in the preamble, 7 CFR part 905 is amended as follows: PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA 1. The authority citation for 7 CFR part 905 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 905.235 is revised to read as follows: § 905.235 Assessment rate. On and after August 1, 2000, an assessment rate of $0.0055 per 4/5 -bushel carton or equivalent is established for assessable Florida citrus covered under the order. Dated: August 16, 2000. Robert C. Keeney, Deputy Administrator, Fruit and Vegetable Programs. [FR Doc. 00-21369 Filed 8-21-00; 8:45 am]

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