Unknown. Final rule

5,245 words·~24 min read·/register/2000/11/07/00-28333

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-11-07.xml --- 65 216 Tuesday, November 7, 2000 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in Florida, and imported grapefruit, 66601-66604 00-28333 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Telephone Bank NOTICES Agency information collection activities: Submission for OMB review; comment request, 66687-66689 00-28542 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:

Republic Services, Inc., et al., 66766-66774 00-28541 Army Army Department See Engineers Corps Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Brazil, 66718-66719 00-28553 Bulgaria, 66719 00-28554 Colombia, 66719-66720 00-28555 Czech Republic, 66720-66721 00-28556 Dominican Republic, 66721 00-28558 Egypt, 66721-66722 00-28557 00-28559 Hungary, 66722-66723 00-28548 Kuwait, 66723-66724 00-28549 Macedonia, 66724 00-28550 Mexico, 66724-66725 00-28551 Pakistan, 66725-66726 00-28560 Poland, 66726 00-28552 Qatar, 66726-66727 00-28543 Singapore, 66727-66728 00-28544 Slovak Republic, 66728 00-28545 Thailand, 66728-66730 00-28546 00-28561 Turkey, 66730-66732 00-28547 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act:

Futures commission merchants and introducing brokers; minimum financial requirements Capital charge on unsecured receivables due from foreign brokers, 66618-66619 00-28492 PROPOSED RULES Commodity pool operators and commodity trading advisors: Annual report filings; time extension, 66663-66665 00-28367 Defense Defense Department See Engineers Corps PROPOSED RULES Federal Acquisition Regulation (FAR): Preference for U.S.-flag vessels, 66919-66922 00-28562 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

National Institute on Disability and Rehabilitation Research— Disability and Rehabilitation Research Projects and Centers Program et al., 66732-66737 00-28528 Employment Employment and Training Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66775 00-28513 Federal-State unemployment compensation program: Federal Unemployment Tax Act; certifications, 66775-66776 00-28512 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

International Energy Agency Industry Advisory Board, 66737-66738 00-28536 Nuclear Energy Research Advisory Committee, 66738 00-28500 Secretary of Energy Advisory Board, 00-28498 66738-66740 00-28499 Engineers Engineers Corps NOTICES Reports and guidance documents; availability, etc.: In-lieu-fee arrangements for compensatory mitigation, 66913-66917 00-28516 EPA Environmental Protection Agency PROPOSED RULES Air pollutants, hazardous; national emission standards: Municipal solid waste landfills, 66672-66686 00-28415 NOTICES Meetings:

FIFRA Scientific Advisory Panel, 66750-66751 00-28643 Reports and guidance documents; availability, etc.: In-lieu-fee arrangements for compensatory mitigation, 66913-66917 00-28516 Onsite/decentralized wastewater systems management guidelines; guidance manual outline; correction, 66751 00-28517 Executive Executive Office of the President See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 66751-66752 00-28644 FAA Federal Aviation Administration RULES Airworthiness directives:

Bell, 66611-66612, 66617-66618 00-28235 00-28437 Boeing, 66607-66611 00-28233 Empresa Brasileira de Aeronautica, S.A., 66612-66616 00-28087 00-28088 Robinson Helicopter Co., 66604-66607 00-28236 PROPOSED RULES Airworthiness directives: Bombardier, 66657-66659 00-28481 FBI Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information Services Advisory Policy Board, 66774 00-28455 FCC Federal Communications Commission RULES Radio and television broadcasting: Personal attack and personal editorial rules; repeal or modification, 66643-66644 00-28353 Radio services, special: 700 MHz band; public safety agency communication;

Federal, State, and local requirements through 2010; operational technical and spectrum requirements, etc., 66644-66655 00-28348 NOTICES Common carrier services: Wireless telecommunications services— 747-762 and 777-792 MHz bands; licenses auction; minimum accepted bids and “last and best” bids, 66752-66754 00-28608 Meetings; Sunshine Act, 66754 00-28605 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 66754-66755 00-28604 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Arizona, 66755 00-28489 Michigan, 66755-66756 00-28490 00-28491 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 66740 00-28466 Electric rate and corporate regulation filings: New York Independent System Operator, Inc., et al., 66741-66746 00-28464 Environmental statements; availability, etc.: Alabama Power Co., 66746 00-28469 Central Vermont Public Service Corp., 66746 00-28470 Environmental statements; notice of intent:

Wyoming Interstate Co., Ltd., 66746-66748 00-28471 Hydroelectric applications, 00-28467 66748-66750 00-28468 *Applications, hearings, determinations, etc.:* Chinook Pipeline Co., 66741 00-28465 Swecker, Gregory, et al., 66741 00-28501 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Copper River Highway Project, AK, 66800-66801 00-28457 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 66756 00-28530 Formations, acquisitions, and mergers, 66756-66757 00-28531 Permissible nonbanking activities, 66757 00-28529 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service PROPOSED RULES Financial management services:

Federal-State funds transfers; rules and procedures Meetings, 66671-66672 00-28579 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species Critical habitat designations— Various plants from Kauai and Niihau, HI, 66807-66885 00-28214 NOTICES Meetings: Aquatic Nuisance Species Task Force, 66761 00-28508 Reports and guidance documents; availability, etc.: In-lieu-fee arrangements for compensatory mitigation, 66913-66917 00-28516 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Decoquinate and chlortetracycline, 66620-66621 00-28524 Enrofloxacin, silver sulfadiazine emulsion, 66619-66620 00-28520 Pyrantel tartrate, 66621 00-28523 Biological products: Manufacturing errors and accidents; reporting requirements, 66621-66635 00-28133 Medical devices: Cigarettes and smokeless tobacco products; restriction of sale and distribution to protect children and adolescents; revocation, 66636 00-28522 PROPOSED RULES Human drugs: Applications for FDA approval to market new drug; postmarketing reporting requirements, 66665-66670 00-28519 NOTICES Reports and guidance documents; availability, etc.:

Carcinogenicity study protocol submissions, 66757 00-28521 Published literature use in support of new animal drug approval, 66758 00-28448 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Preference for U.S.-flag vessels, 66919-66922 00-28562 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 66758-66760 00-28449 00-28450 00-28525 Housing Housing and Urban Development Department RULES Low income housing: Housing assistance payments (Section 8)— Contract rent annual adjustment factors, 66887-66912 00-28458 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Organization, functions, and authority delegations:

Commissioner, designation to act as; order of succession, 66802 00-28526 Examination Branch Chiefs in District offices et al.; authority under Targeted Jobs Tax Credit Initiative, 66802-66803 00-28527 International International Trade Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66690-66691 00-28474 Antidumping: Frozen concentrated orange juice from— Brazil, 66691 00-28565 Heavy forged hand tools, finished or unfinished, with or without handles, from— China, 66691-66697 00-28571 Manganese metal from— China, 66697-66701 00-28569 Oil country tubular goods from— Various countries, 66701-66703 00-28566 Preserved mushrooms from— China, 66703-66708 00-28568 Seamless pipe from— Various countries, 66708-66711 00-28567 Tapered roller bearings and parts, finished and unfinished, etc., from— Japan, 66711-66717 00-28570 *Applications, hearings, determinations, etc.:* University of— Florida et al., 66717 00-28572 Justice Justice Department See Antitrust Division See Federal Bureau of Investigation NOTICES Pollution control; consent judgments:

Acadia Woods Add. No. 2 Sewer Co. et al., 66765 00-28538 Akzo Nobel Chemicals, Inc., et al., 66765-66766 00-28539 Privacy Act: Computer matching programs, 66766 00-28540 Labor Labor Department See Employment and Training Administration See Labor Statistics Bureau Labor Labor Statistics Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 66776-66777 00-28511 Legal Legal Services Corporation RULES Recipient fund balances, 66637-66643 00-28473 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Gulf of Mexico OCS— Oil and gas operations, 66761-66762 00-28477 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Preference for U.S.-flag vessels, 66919-66922 00-28562 National Highway National Highway Traffic Safety Administration NOTICES Meetings: United Nations Economic Commission for Europe World Forum for Harmonization of Vehicle Regulations, 66801 00-28532 National Institute National Institute of Standards and Technology PROPOSED RULES National Voluntary Laboratory Accreditation Program; operating procedures, 66659-66663 00-28577 NOTICES Meetings:

Advanced Technology Program, 66717 00-28578 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 66655-66656 00-28534 NOTICES Permits: Marine mammals, 66718 00-28576 Reports and guidance documents; availability, etc.: In-lieu-fee arrangements for compensatory mitigation, 66913-66917 00-28516 National Park National Park Service NOTICES Meetings: Gates of Arctic National Park Subsistence Resource Commission, 66762-66763 00-28575 Joshua Tree National Park Advisory Commission, 66763 00-28573 National Capital Area; 2000 Christmas Pageant of Peace, 66763 00-28574 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Consumers Energy Co., 66779-66781 00-28494 Meetings; Sunshine Act, 66781-66782 00-28669 Regulatory guides; issuance, availability, and withdrawal; correction, 66782 00-28497 Reports and guidance documents; availability, etc.: Risk information use in material and waste arenas; plan, 66782-66785 00-28495 *Applications, hearings, determinations, etc.:* Bass, Hiram J., 66777-66779 00-28496 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Public Public Debt Bureau See Fiscal Service NOTICES Agency information collection activities:

Proposed collection; comment request, 00-28482 66803-66806 00-28483 00-28484 00-28485 00-28486 00-28487 00-28488 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Railroad Railroad Retirement Board NOTICES Agency information collection activities: Proposed collection; comment request, 66785 00-28456 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Solano Project-Lake Berryessa, CA, 66763-66764 00-28454 Rural Rural Telephone Bank NOTICES Meetings; Sunshine Act, 66689-66690 00-28662 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 66785-66786 00-28503 00-28505 Submission for OMB review; comment request, 66786-66787 00-28502 00-28504 Investment Company Act of 1940: Deregistration applications— Time Horizon Funds et al., 66787-66789 00-28506 Meetings;

Sunshine Act, 66789 00-28581 00-28625 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 66789-66791 00-28507 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66799 00-28452 Disaster loan areas: Alaska, 66799 00-28453 Idaho, 66799 00-28451 State State Department NOTICES Meetings:

Rail equipment; proposed protocol to draft UNIDROIT convention on international mobile equipment financial effect on cross-border financing and trade, 66799-66800 00-28645 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66760-66761 00-28476 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities: Proposed collection; comment request, 66764-66765 00-28563 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Crown Enterprises, Inc., 66802 00-28393 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Meetings: Industry Sector and Functional Advisory Committees, Chairs, 66800 00-28518 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Public Debt Bureau U.S.

Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 66792-66799 00-28564 Veterans Veterans Affairs Department RULES Medical benefits: VA payment for non-VA public or private hospital care and non-VA physician services that are associated with either outpatient or inpatient care, 66636-66637 00-28472 Separate Parts In This Issue Part II Department of Interior, Fish and Wildlife Service, 66807-66885 00-28214 Part III Department of Housing and Urban Development, 66887-66912 00-28458 Part IV Department of Defense, Engineers Corps;

Environmental Protection Agency; Department of Interior, Fish and Wildlife Service; Department of Commerce, National Oceanic and Atmospheric Administration, 66913-66917 00-28516 Part V Department of Defense, General Services Administration, National Areonautics and Space Administration, 66919-66922 00-28562 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. 65 216 Tuesday, November 7, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 905 and 944 [Docket No.

FV00-905-2 FR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida and Imported Grapefruit; Relaxation of the Minimum Size Requirements for Red Seedless Grapefruit AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule relaxes the minimum size requirements for red seedless grapefruit grown in Florida and for red seedless grapefruit imported into the United States from size 48 (3 9/16 inches diameter) to size 56 (3 5/16 inches diameter).

The Citrus Administrative Committee (Committee), the agency that locally administers the marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida, recommended this change for Florida red seedless grapefruit. The change in the import regulation is required under section 8e of the Agricultural Marketing Agreement Act of 1937. This change allows handlers and importers to ship size 56 red seedless grapefruit, and is expected to maximize grapefruit shipments to fresh market channels.

EFFECTIVE DATE: November 13, 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, Florida 33883; 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 final rule is issued under Marketing Agreement No. 84 and Marketing 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.” This rule also is issued under section 8e of the Act, which provides that whenever certain specified commodities, including grapefruit, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for the domestically produced commodities. The Department of Agriculture (Department) is issuing this rule in conformance with Executive Order 12866. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. 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. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. The order for Florida citrus provides for the establishment of minimum grade and size requirements with the concurrence of the Secretary. The minimum grade and size requirements are designed to provide fresh markets with fruit of acceptable quality and size, thereby maintaining consumer confidence for fresh Florida citrus. This contributes to stable marketing conditions in the interest of growers, handlers, and consumers, and helps increase returns to Florida citrus growers. The current minimum grade standard for red seedless grapefruit is U.S. No. 1. The current minimum size requirement for domestic shipments is size 56 (at least 3 5/16 inches in diameter) through November 12, 2000, and size 48 (3 9/16 inches in diameter), thereafter. The current minimum size for export shipments is size 56 throughout the year. This final rule relaxes the minimum size requirement for domestic shipments from size 48 (3 9/16 inches in diameter) to size 56 (3 5/16 inches in diameter). Absent this change, the minimum size reverts to size 48 (3 9/16 inches in diameter) on November 13, 2000. This change allows handlers and importers to continue to ship size 56 red seedless grapefruit, and it is expected to maximize grapefruit shipments to fresh market channels. The Committee met on May 26, 2000, and unanimously recommended this action. Section 905.52 of the order, in part, authorizes the Committee to recommend minimum grade and size regulations to the Secretary. Section 905.306 (7 CFR part 905.306) specifies minimum grade and size requirements for different varieties of fresh Florida grapefruit. Such requirements for domestic shipments are specified in § 905.306 in Table I of paragraph (a), and for export shipments in Table II of paragraph (b). This rule adjusts Table I to establish a minimum size of 56 (3 5/16 inches diameter). Minimum grade and size requirements for grapefruit imported into the United States are currently in effect under § 944.106 (7 CFR part 944.106). This rule also adjusts § 944.106 to establish a minimum size of 56. Export requirements for Florida red seedless grapefruit are not changed by this rule. In the past, the Committee recommended relaxing the minimum size for red seedless grapefruit to size 56 in one year intervals. Rather than continuing to make this recommendation each year, the Committee recommended relaxing the minimum size for red seedless grapefruit from size 48 (3 9/16 inches in diameter) to size 56 (3 5/16 inches in diameter) on a continuous basis. In making this recommendation, the Committee recognized that the reasoning behind past recommendations to relax the minimum size to size 56 would most probably continue to exist at least into the foreseeable future. As in the past, the Committee considered supply and demand in making its recommendation. Since the 1994-95 season, the production of red seedless grapefruit has been somewhere between 28.1 and 31.4 million 1 3/5 bushel boxes each year. Future production is expected to be near or below this range. The Committee expects fresh market demand to continue to be sufficient to permit the shipment of size 56 red seedless grapefruit. The Committee believes that domestic markets have been developed for size 56 fruit and that the industry should continue to supply those markets. This size relaxation enables Florida grapefruit shippers to continue shipping size 56 red seedless grapefruit to the domestic market. This rule is expected to have a beneficial impact on producers and handlers because it permits Florida grapefruit handlers to make available the sizes of fruit needed to meet consumer needs. Matching the sizes with consumer needs is consistent with current and anticipated demand, and maximizes shipments to fresh market channels. For the grapefruit industry, it is important to maximize shipments to the fresh market. This is especially true for red seedless grapefruit because the returns for processing are negligible. On-tree returns for processed red seedless grapefruit averaged $.17 per 1 3/5 bushel box from 1994 through 1999. In many cases, this is below the cost of production. Comparatively, the average on-tree return is $3.32 for fresh shipments during the same period. For the years 1994 through 1999, fresh domestic shipments of red seedless grapefruit averaged 16.7 million 4/5 bushel cartons per season. Of these shipments, approximately 2.9 percent were size 56. The average f.o.b. price for size 56 red seedless grapefruit was $5.22 during the 1998-99 season. Combining this price with the average volume of size 56 calculates an approximate market value of $2.5 million for size 56 red seedless grapefruit. During the first 11 weeks of the season, beginning with the third week in September, the Committee has been using a volume regulation to limit the volume of small red seedless grapefruit that can enter the fresh market. The Committee has used this regulation for the past three seasons, and has recommended using it again for the current season. The Committee believes the percentage size regulation has been helpful in reducing the negative effects of having size 56 red seedless grapefruit available on the domestic market, and that no other restrictions on size 56 are needed. Therefore, based on available information, the Committee unanimously recommended that the minimum size for shipping red seedless grapefruit to the domestic market should be size 56. This minimum size change pertains to the domestic market, and does not change the minimum size for export shipments, which will remain at size 56. The largest market for size 56 red seedless grapefruit is for export. Additionally, importers will be favorably affected by this change since the relaxation of the minimum size regulation also applies to imported grapefruit. Section 8e of the Act provides that when certain domestically produced commodities, including grapefruit, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Since this rule will relax the minimum size requirement under the domestic handling regulations, a corresponding change to the import regulations must also be considered. Minimum grade and size requirements for grapefruit imported into the United States are currently in effect under § 944.106 (7 CFR 944.106). This rule relaxes the minimum size requirement for imported red seedless grapefruit to 3 5/16 inches in diameter (size 56), to reflect the relaxation being made under the order for red seedless grapefruit grown in Florida. Handlers in Florida shipped approximately 33,650,000 4/5 bushel cartons of grapefruit to the fresh market during the 1999-2000 season. Of these cartons, about 18,463,000 were exported. In the past three seasons, domestic shipments of Florida grapefruit averaged about 16,172,000 cartons. Imports totaled about 456,470 cartons in 1999. Imports account for less than five percent of domestic grapefruit shipments. During the period January 1, 1999, through December 31, 1999, imports of grapefruit totaled 19,400,000 pounds (approximately 456,470 cartons). Recent yearly data indicate that imports from May through November are typically negligible. Future imports should not vary significantly from the 19,400,000 pounds figure. The Bahamas were the principal source of imported grapefruit, accounting for 93 percent of the total. Israel, Mexico and Turkey supplied remaining imports. Most imported grapefruit enters the United States from November through May. 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 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 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 75 grapefruit handlers who are subject to regulation under the order, and approximately 11,000 growers of citrus in the regulated area, and about 25 grapefruit importers. Small agricultural service firms, which include grapefruit handlers and importers, 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. Based on the industry and Committee data for the 1999-2000 season, the average annual f.o.b. price for fresh Florida red seedless grapefruit was around $7.52 per 4/5 bushel carton, and total fresh shipments for the 1999-2000 season are estimated at 25.6 million cartons of red seedless grapefruit. Approximately 25 percent of all handlers handled 70 percent of Florida grapefruit shipments. In addition, many of those handlers ship other citrus fruit and products which are not included in Committee data but would contribute further to handler receipts. Using the average f.o.b. price, about 69 percent of grapefruit handlers could be considered small businesses under SBA's definition. The majority of handlers, importers, and growers may be classified as small entities. During the period January 1, 1999, through December 31, 1999, imports of grapefruit totaled 19,400,000 pounds (approximately 456,470 cartons). Recent yearly data indicate that imports from May through November are typically negligible. Future imports should not vary significantly from the 19,400,000 pounds. The Bahamas were the principal source of imported grapefruit, accounting for 93 percent of the total. Israel, Mexico, and Turkey supplied remaining imports. Most imported grapefruit enters the United States from November through May. This rule relaxes the minimum size requirement for domestic shipments of red seedless grapefruit from size 48 (3 9/16 inches in diameter) to size 56 (3 5/16 inches in diameter). Absent this rule, the minimum size requirement for domestic shipments will revert to size 48 on November 13, 2000. The Committee believes that domestic markets have been developed for size 56 red seedless grapefruit and that the industry should continue to supply those markets. This change allows handlers and importers to continue to ship size 56 red seedless grapefruit, and it is expected to maximize shipments to fresh market channels. The Committee unanimously recommended this action. Section 905.306 specifies the minimum grade and size requirements for different varieties of fresh Florida grapefruit. Authority for this action is provided in § 905.52 of the order. This action provides for the continued shipment of size 56 red seedless grapefruit. This change is not expected to increase costs associated with the order requirements, or the grapefruit import regulation. This rule is expected to have a positive impact on affected entities. This rule benefits producers and handlers by making available those sizes of fruit needed to meet consumer needs. This is consistent with current and anticipated demand, and provides for the maximization of shipments to fresh market channels. The opportunities and benefits of this rule are expected to be equally available to all grapefruit handlers, growers, and importers regardless of their size of operation. Section 8e of the Act provides that when certain domestically produced commodities, including grapefruit, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Because this rule changes the minimum size for domestic red seedless grapefruit shipments, a similar change is also applicable to imported grapefruit. Therefore, this rule also relaxes the minimum size for imported red seedless grapefruit to size 56. This regulation benefits importers to the same extent that it benefits Florida grapefruit producers and handlers because it continues to allow shipments of size 56 red seedless grapefruit into U.S. markets. The Committee considered one alternative to this action. The Committee discussed relaxing the minimum size to size 56 for one year, as in the past, rather than on a continuous basis. Members said that, rather than discussing the issue each year and recommending a change, they preferred to make the change effective on a continuous basis. They also stated that should they ever want to increase the minimum size, they could meet and recommend the change to the Secretary. Therefore, the option of relaxing the minimum size for one year was rejected. This final rule relaxes size requirements under the marketing order for Florida citrus. Accordingly, this action will not impose any additional reporting or recordkeeping requirements on either small or large red seedless grapefruit handlers and importers. 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 final rule. However, red seedless grapefruit must meet the requirements as specified in the U.S. Standards for Grades of Florida Grapefruit (7 CFR 51.750 through 51.784) issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 through 1627). Further, no public comments were received concerning the proposal which addressed the initial regulatory flexibility analysis. In addition, the Committee's meeting was widely publicized throughout the Florida citrus industry 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. A proposed rule concerning this action was published in the **Federal Register** on October 2, 2000 (65 FR 58672). Copies of the rule were mailed or sent via facsimile to all Committee members and red seedless grapefruit handlers. Finally, the rule was made available through the Internet by the Office of the Federal Register. A 15-day comment period ending October 17, 2000, was provided to allow interested persons to respond to the proposal. No comments were received during the comment period in response to the proposal. Accordingly, no changes will be made to the rule as proposed. 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. In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this final rule. After consideration of all relevant matter 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. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) so handlers and importers can continue to ship size 56 red seedless grapefruit after November 12, 2000. Further, handlers are aware of this relaxation, which was recommended at a public meeting. Also, a 15-day comment period was provided for in the proposed rule and no comments were received. List of Subjects 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges. For the reasons set forth above, 7 CFR part 905 and 944 are amended as follows: 1. The authority citation for 7 CFR part 905 continues to read as follows: Authority: 7 U.S.C. 601-674. PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA 2. In § 905.306, the table in paragraph

(a)is amended by removing both lines for the entry for “Seedless, red” and adding in their place the following: § 905.306 Orange, Grapefruit, Tangerine, and Tangelo Regulation.

(a)* * * **Table I** Variety Regulation period Minimum grade Minimum diameter (inches)

(4)* * * * * * * Grapefruit * * * * * * * Seedless, red On and after 11/13/00 U.S. No. 1 35/16 * * * * * * * PART 944_FRUITS; IMPORT REGULATIONS 3. In § 944.106, the table in paragraph

(a)is amended by removing both lines for the entry for ``Seedless, red'' and adding in their place the following: § 944.106 Grapefruit import regulation.

(a)* * * Grapefruit classification Regulation period Minimum grade Minimum diameter (inches)

(4)* * * * * * * Seedless, red On and after 11/13/00 U.S. No. 1 35/16 * * * * * * * Dated: October 31, 2000. Robert C. Keeney, Deputy Administrator, Fruit and Vegetable Programs. [FR Doc. 00-28333 Filed 11-6-00; 8:45 am]

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