Unknown. Final rule

5,358 words·~24 min read·/register/2001/07/30/01-18947

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-2001-07-30.xml --- 66 146 Monday, July 30, 2001 Contents Agricultural Agricultural Marketing Service RULES Almonds grown in— California, 39270-39274 01-18946 Kiwifruit grown in— California, 39267-39270 01-18947 Raisins produced from grapes grown in— California, 39274-39277 01-18945 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Air Force Air Force Department NOTICES Privacy Act:

Systems of records, 39306-39308 01-18873 01-18875 Antitrust Antitrust Division NOTICES National cooperative research notifications: Coalition for Healthcare eStandards, Inc., 39334 01-18901 Digital Imaging Group, Inc., 01-18897 39334-39335 01-18899 Ductile Iron Pipe Research Association, 39335 01-18898 Financial Services Technology Consortium, Inc., 01-18896 39335-39336 01-18905 Interchangeable Virtual Instruments Foundation, Inc., 39336 01-18906 National Center for Manufacturing Sciences, Inc., 39336 01-18902 PKI Forum, Inc., 39336-39337 01-18904 Southwest Research Institute, 39337 01-18903 VSI Alliance, 39337 01-18900 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 39315-39316 01-18938 Grant and cooperative agreement awards: University of North Carolina at Chapel Hill, 39316 01-18862 Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Condom skills building demonstrations for HIV/STD prevention; research studies; correction, 39318-39319 01-18865 HIV and sexually transmitted diseases; routinely recommended counseling and testing in ambulatory care clinics and emergency rooms; etc.; correction, 39317-39318 01-18864 HIV-positive persons; prevention intervention research studies, 39319-39320 01-18866 Social and environmental interventions to prevent HIV; research studies, 39316-39317 01-18861 Landmine and war-related trauma awareness program, 39320 01-18863 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities:

Proposed collection; comment request, 01-18893 39321 01-18894 Submission for OMB review; comment request, 39321-39322 01-18846 01-18892 Medicare: Hospice wage index; correction, 39322-39323 01-18524 Coast Guard Coast Guard RULES Drawbridge operations: Maine, 39278-39279 01-18922 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 39304 01-18934 Customs Customs Service PROPOSED RULES Administrative rulings Correction, 39293 01-18858 Defense Defense Department See Air Force Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 39305-39306 01-18870 01-18871 Environmental statements; availability, etc.: Pentagon Heating and Refrigeration Plant; new outfall line, 39306 01-18872 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.: Williams Energy Marketing & Trading Co., 39308-39309 01-18918 Floodplain and wetlands protection; environmental review determinations; availability, etc.:

Northern States Power Co., 39309 01-18876 Energy Energy Information Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 39309-39310 01-18877 EPA Environmental Protection Agency RULES Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 39280-39288 01-18816 01-18818 PROPOSED RULES Air pollution control: State operating permits programs— Indiana, 39293-39295 01-18884 Superfund program:

National oil and hazardous substances contingency plan— National priorities list update, 01-18817 39299-39300 01-18819 Water pollution; effluent guidelines for point source categories: Coal mining, 39300-39303 01-18887 Water pollution control: Water quality standards— Arizona; Federal nutrient standards withdrawn, 39295-39298 01-18886 NOTICES Air quality; prevention of significant deterioration (PSD): Permit determinations, etc.— Zion Energy, Inc., 39312-39313 01-18883 Environmental statements; notice of intent:

Coastal nonpoint pollution control programs; States and territories— Massachusetts and New Hampshire, 39399-39400 01-18881 Superfund; response and remedial actions, proposed settlements, etc.: B&H Transformer Site, TN, 39313 01-18888 Bel-Fab Manufacturing Corp. Site, NY, 39313-39314 01-18889 Water supply: Ground water contamination incidents believed to be due to hydraulic fracturing of coalbed methane wells; information request, 39395-39397 01-18882 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Export Export-Import Bank NOTICES Meetings;

Sunshine Act, 39314 01-19014 FAA Federal Aviation Administration NOTICES Aviation Rulemaking Advisory Committee; task assignments, 39387-39388 01-18923 Exemption petitions; summary and disposition, 39388-39389 01-18927 Passenger facility charges; applications, etc.: Seattle-Tacoma International Airport, WA, 39389 01-18926 FCC Federal Communications Commission NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 39314 01-18752 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities:

Submission for OMB review; comment request, 39314-39315 01-18935 Meetings; Sunshine Act, 39315 01-18993 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Metro Energy, L.L.C., et al., 39310-39312 01-18853 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: CSX Transportation, Inc., 39389-39391 01-18929 01-18930 01-18931 01-18932 Union Pacific Railroad Co., 39391 01-18928 Federal Reserve Federal Reserve System NOTICES Meetings;

Sunshine Act, 39315 01-18994 Fish Fish and Wildlife Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 39331-39332 01-18867 Forest Forest Service NOTICES Meetings: New Mexico Collaborative Forest Restoration Program Technical Advisory Panel, 39304 01-18860 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Care Financing Administration See National Institutes of Health Health Health Care Financing Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 39323-39324 01-18891 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 39330-39331 01-18845 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Live processed blue mussels from— Canada, 39304-39305 01-18937 Softwood lumber products from— Canada, 39305 01-18936 Meetings;

Sunshine Act, 39305 01-19071 International International Trade Commission NOTICES Import investigations: Steel concrete reinforcing bars from— Various countries, 39333 01-18920 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments: Chua, Ming Ming, et al., 39334 01-18895 Labor Labor Department See Pension and Welfare Benefits Administration NOTICES Grants and cooperative agreements; availability, etc.: Youth with disabilities; innovative demonstration grants, 39337-39350 01-18940 Land Land Management Bureau NOTICES Motor vehicle use restrictions:

California, 39332-39333 01-19047 Management Management and Budget Office NOTICES Budget rescissions and deferrals Cumulative reports, 39374-39375 01-18847 Medicare Medicare Payment Advisory Commission NOTICES Meetings, 39372 01-18933 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 39324-39325 01-18910 Grants and cooperative agreements; availability, etc.: Extramural Clinical Research Loan Repayment Program for Individuals from Disadvantaged Backgrounds, 39325-39327 01-18911 Minority Health Disparities Research Loan Repayment Program, 39327-39330 01-18909 Meetings:

National Institute of Dental and Craniofacial Research, 39330 01-18912 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 39288-39292 01-18919 NOTICES Environmental statements; notice of intent: Coastal nonpoint pollution control programs; States and territories— Massachusetts and New Hampshire, 39399-39400 01-18881 Nuclear Nuclear Regulatory Commission RULES Environmental protection; domestic licensing and related regulatory functions:

Nuclear power plant operating licenses; environmental review for renewal; correction, 39277-39278 01-18857 NOTICES Agency information collection activities: Submission for OMB review; comment request, 39373 01-18856 Meetings: Reactor Safeguards Advisory Committee, 39373-39374 01-18855 Meetings; Sunshine Act, 39374 01-19022 Office Office of Management and Budget See Management and Budget Office Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions:

Bank of America Corp. et al., 39351-39372 01-18682 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Korean War Veterans Armistice Day (Proc. 7457), 39401-39404 01-19112 Public Public Health Service See Centers for Disease Control and Prevention See National Institutes of Health Railroad Railroad Retirement Board NOTICES Privacy Act: Systems of records, 39376-39377 01-18907 Research Research and Special Programs Administration NOTICES Meetings:

Better Understanding of Mechanical Damage in Pipelines; cooperative agreement quarterly performance review, 39392 01-18848 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Barclays Global Fund Advisors et al., 39377-39381 01-18941 Markman MultiFund Trust et al., 39383-39386 01-18943 Professionally Managed Portfolios et al., 39381-39383 01-18942 SBA Small Business Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 39386 01-18844 State State Department NOTICES Art objects; importation for exhibition: Aelbert Cuyp, 39386-39387 01-18914 Courtly Radiance: Metalwork from Islamic India, 39387 01-18915 Signac, 1863-1935: Master Neo-Impressionist, 39387 01-18916 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See Research and Special Programs Administration Treasury Treasury Department See Customs Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 39393 01-18917 Senior Executive Service: Legal Division Performance Review Board; membership, 39393 01-18908 Veterans Veterans Affairs Department RULES Vocational rehabilitation and education: Veterans education— Montgomery GI Bill—Active Duty; statutory amendments, 39279-39280 01-18852 Separate Parts In This Issue Part II Environmental Protection Agency, 39395-39397 01-18882 Part III Department of Commerce, National Oceanic and Atmospheric Administration, and Environmental Protection Agency, 39399-39400 01-18881 Part IV The President, 39401-39404 01-19112 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. 66 146 Monday, July 30, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 920 [Docket No.

FV01-920-1 FR] Kiwifruit Grown in California; Removal of Certain Inspection and Pack Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule removes certain inspection and pack requirements prescribed under the California kiwifruit marketing order (order). The order regulates the handling of kiwifruit grown in California and is administered locally by the Kiwifruit Administrative Committee (Committee). This rule removes the requirement that fruit must be reinspected if it has not been shipped by specified dates, and also removes the minimum net weight requirements for kiwifruit tray packs.

These changes are expected to reduce handler packing costs, increase grower returns, and enable handlers to compete more effectively in the marketplace. EFFECTIVE DATE: This final rule becomes effective July 31, 2001. FOR FURTHER INFORMATION CONTACT: Rose M. Aguayo, Marketing Specialist, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, suite 102B, Fresno, California 93721; telephone:

(559)487-5901, Fax:

(559)487-5906; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, PO Box 96456, Washington, DC 20090-6456; telephone:

(202)720-2491, Fax:

(202)720-8938. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, PO Box 96456, room 2525-S, Washington, DC 20090-6456; telephone:

(202)720-2491, Fax:

(202)720-8938, or E-mail Jay.Guerber@usda.gov. SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Order No. 920, as amended (7 CFR part 920), regulating the handling of kiwifruit grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The 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. This final rule removes certain inspection and pack requirements prescribed under the order. The order regulates the handling of kiwifruit grown in California and is administered locally by the Kiwifruit Administrative Committee (Committee). This rule removes the requirement that fruit must be reinspected if it has not been shipped by specified dates, and also removes the minimum net weight requirements for kiwifruit tray packs. These changes are expected to reduce handler packing costs, increase grower returns, and enable handlers to compete more effectively in the marketplace. Removal of Reinspection Requirement Section 920.55 of the order requires that prior to handling any variety of California kiwifruit, such kiwifruit shall be inspected by the Federal or Federal-State Inspection Service (inspection service) and certified as meeting the applicable grade, size, quality, or maturity requirements in effect pursuant to § 920.52 or § 920.53. Section 920.55(b) provides authority for the establishment, through the order's rules and regulations, of a period prior to shipment during which inspections must be performed. Prior to its suspension for 1998-1999 season, § 920.155 of the order's rules and regulations specified that the certification of grade, size, quality, and maturity of kiwifruit pursuant to § 920.52 or § 920.53 during each fiscal year was valid until December 31 of such year or 21 days from the date of inspection, whichever is later. Any inspected kiwifruit shipped after the certification period lapsed was required to be reinspected and recertified before shipment. Section 920.155 was suspended for the 1998-1999 season by a final rule published August 4, 1998 (63 FR 41390). The Committee recommended this suspension to lessen the expenses upon the many kiwifruit growers who had either lost money or merely recovered their production costs in recent years. It concluded that the cost of reinspecting kiwifruit was too high to justify requiring it in view of the limited benefit reinspection provided. The Committee also believed it was no longer necessary to have fruit reinspected to provide consumers with a high quality product because storage and handling operations had improved in the industry. During the 1998-1999 season, handlers voluntarily checked stored fruit prior to shipment to ensure that the condition of the fruit had not deteriorated. Suspension of the reinspection requirement enabled handlers to ship quality kiwifruit during the 1998-1999 season without the necessity for reinspection and recertification and the costs associated with such requirements. However, because the harvest started later than normal and more fruit was in-line inspected and shipped directly to buyers, less fruit was repacked and available for evaluation than anticipated. Therefore, at its February 25, 1999, meeting, the Committee unanimously recommended suspending § 920.155 of the order for one more season. Section 920.155 was suspended for the 1999-2000 season by a final rule published on July 29, 1999 (64 FR 41010). During the 1999-2000 season a severe frost reduced the crop size from the estimated 9 million tray equivalents to 6 million tray equivalents. A tray equivalent is equal to approximately 7 pounds of fruit. This significant crop reduction and the excellent quality of the fruit resulted in limited quantities of fruit remaining in cold storage for repacking and evaluation. The Committee wanted to fully evaluate the suspension of the reinspection requirement during a normal season. Therefore the Committee, at its February 24, 2000, meeting, unanimously recommended suspending § 920.155 for another season, the 2000-2001 season. Section 920.155 was suspended for the 2000-2001 season by a final rule published on June 14, 2000 (65 FR 37265). The 2000-2001 season was normal and enabled the industry to conclude that the suspensions have indeed helped handlers reduce packing costs and to compete more effectively in the marketplace. Therefore, at its February 28, 2001, meeting the Committee recommended removing this inspection requirement for the 2001-2002 and future seasons. As previously experienced, this change is expected to result in reduced handler packing costs, increased growers returns, and enable handlers to compete more effectively in the marketplace. Removal of Minimum Net Weight Requirements for Trays Under the terms of the order, fresh market shipments of kiwifruit grown in California are required to be inspected and meet grade, size, maturity, pack, and container requirements. Section 920.52 authorizes the establishment of minimum size, pack, and container requirements. Section 920.302(a)(4) of the order's rules and regulations outlines pack requirements for fresh shipments of California kiwifruit. Section 920.302(a)(4)(iii) specifies minimum net weight requirements for fruit of various sizes packed in containers with cell compartments, cardboard fillers, or molded trays. Prior to the 1989-1990 season, there were no minimum tray weight requirements, although 73.5 percent of the crop was packed in trays. During the 1989-1990 season, minimum tray weights were mandated, as there were many new packers involved in the kiwifruit packing process and stricter regulations were viewed as necessary to provide uniform container weights for each size. However, since that season the proportion of the crop packed in trays has steadily declined. During the 1997-1998 season, only 15.5 percent of the crop was tray packed and less than 1 percent of this fruit was rejected for failure to meet minimum tray weights. As a consequence, the Committee believed that minimum tray weight requirements might no longer be necessary to maintain uniformity in the marketplace. Prior to the 1998-1999 season handlers were required to meet the minimum net weight requirements as shown in the following chart: Count designation of fruit Minimum net weight of fruit (pounds) 34 or larger 7.5 35 to 37 7.25 38 to 40 6.875 41 to 43 6.75 44 and smaller 6.5 The Committee met on July 8, 1998, and unanimously recommended suspension of the minimum net weight requirements for kiwifruit packed in cell compartments, cardboard fillers, or molded trays for the 1998-1999 season. Section 920.302(a)(4)(iii) was suspended for the 1998-1999 season by an interim final rule which was published September 3, 1998 (63 FR 14861) and finalized July 29, 1999 (64 FR 41019). Even though the fruit was shorter, more full-bodied, and heavier during the 1998-1999 season, handlers were able to reduce packing costs and to compete more effectively in the market. The industry continued to pack well-filled trays without having to spend the extra time weighing them. There was no reduction in the uniform appearance of fruit packed into trays. The consensus of the industry was that the absence of tray weights had no impact during the 1998-1999 season due to the exceptionally heavy weight of the fruit. The Committee, at its February 25, 1999, meeting unanimously recommended suspending the minimum net weight requirements for the 1999-2000 season to evaluate the suspended requirements during a season when the fruit shape and density were normal. This suspension was implemented by a final rule published on July 29, 1999 (64 FR 41010). As previously mentioned, the 1999-2000 crop was approximately three million tray-equivalents shorter than estimated due to a severe frost during the spring of 1999. This shortage of fruit resulted in limited quantities of fruit available for evaluation. Because of the uncharacteristic fruit in the 1998-1999 season and the short crop in the 1999-2000 season, the Committee recommended suspending the minimum net weight requirement for another year of evaluation. Therefore, at its February 24, 2000, meeting, the Committee once again unanimously recommended continuing the suspension of § 920.302(a)(4)(iii) for another season, the 2000-2001 season. The suspension was implemented by a final rule issued June 14, 2000 (65 FR 37265). The 2000-2001 season was normal and enabled the industry to conclude that the suspensions have helped handlers reduce packing costs and to compete more effectively in the marketplace. Therefore, at its February 28, 2001, meeting, the Committee recommended removing this pack requirement for the 2001-2002 and future seasons. As previously experienced, this change is expected to result in reduced handler packing costs, increased grower returns, and enable handlers to compete more effectively in the marketplace. Final Regulatory Flexibility Analysis 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 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 50 handlers of California kiwifruit subject to regulation under the marketing order and approximately 350 producers in the production area. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those whose annual receipts are less than $500,000, and small agricultural service firms are defined as those whose annual receipts are less than $5,000,000. All of the handlers have annual receipts of less than $5,000,000, excluding receipts from other sources. Three hundred forty-five producers have annual sales of less than $500,000, excluding receipts from any other sources. Therefore, a majority of the kiwifruit handlers and producers may be classified as small entities. This rule removes § 920.155 which requires that fruit be reinspected if it has not been shipped by specified dates, and removes paragraph (a)(4)(iii) of § 920.302 which specifies minimum net weight requirements for kiwifruit tray packs. These changes are expected to reduce handler-packing costs, increase grower returns, and enable handlers to compete more effectively in the marketplace. Authority for this action is provided in §§ 920.52 and 920.55 of the order. Removal of Reinspection Requirement Removing the requirement that kiwifruit must be reinspected if has not been shipped by a certain date will have a minimal impact on the quality of fruit shipped. Prior to its suspension for the 1998-1999 season, § 920.155 of the order's rules and regulations specified that the certification of grade, size, quality, and maturity of kiwifruit pursuant to § 920.52 or § 920.53 during each fiscal year was valid until December 31 of such year or 21 days from the date of inspection, whichever is later. Any inspected kiwifruit shipped after the certification period lapsed was required to be reinspected and recertified before shipment. Section 920.155 was suspended for the 1998-1999 season by a final rule published August 4, 1998 (63 FR 41390). The Committee recommended this suspension to lessen the expenses upon the many kiwifruit growers who had either lost money or merely recovered their production costs in recent years. It concluded that the cost of reinspecting kiwifruit was too high to justify requiring it in view of the limited benefit reinspection provided. Total average costs for reinspection were estimated to be $50,000 a year. The Committee also believed it was no longer necessary to have fruit reinspected to provide consumers with a high quality product because storage and handling operations had improved in the industry. During the 1998-1999 season, handlers voluntarily checked stored fruit prior to shipment to ensure that the condition of the fruit had not deteriorated. Quality control efforts in place within the industry combined with improved storage due to research and technological advances has ensured that quality fruit reaches the market. Suspension of the reinspection requirement enabled handlers to ship quality kiwifruit during the 1998-1999 season without the necessity for reinspection and recertification and the costs associated with such requirements. However, because the harvest started later than normal and more fruit was in-line inspected and shipped directly to buyers, less fruit was repacked and available for evaluation than anticipated. Therefore, at its February 25, 1999, meeting, the Committee unanimously recommended suspending § 920.155 of the order for one more season. Section 920.155 was suspended for the 1999-2000 season by a final rule published on July 29, 1999 (64 FR 41010). During the 1999-2000 season a severe frost reduced the crop size from the estimated 9 million tray equivalents to 6 million tray equivalents. A tray equivalent is equal to approximately 7 pounds of fruit. This significant crop reduction and the excellent quality of the fruit resulted in less fruit remaining in cold storage for repacking and evaluation. The Committee believed the industry realized benefits from the suspension of the reinspection requirement, and recommended evaluating the results of the suspended reinspection requirements during a normal season. Thus the Committee, at its February 24, 2000, meeting, unanimously recommended suspending § 920.155 for the 2000-2001 season. This suspension was implemented by a final rule published on June 14, 2000 (65 FR 37265). The 2000-2001 season was normal and enabled the industry to conclude that the suspensions have helped handlers reduce packing costs and to compete more effectively in the marketplace. The kiwifruit industry estimated that removal of the reinspection requirement has resulted in cost savings to the industry of approximately $50,000 a year. Therefore, the Committee at its February 28, 2001 meeting unanimously recommended removing § 920.155 for the 2001-2002 and future seasons. Removal of Minimum Net Weight Requirements for Trays Removing the minimum tray weight requirements for kiwifruit packed in cell compartments, cardboard fillers, or molded trays will have a minimal impact on the appearance of tray packs. Under the terms of the order, fresh market shipments of kiwifruit grown in California are required to be inspected and meet grade, size, maturity, pack, and container requirements. Prior to the 1989-1990 season, there were no minimum tray weight requirements although 73.5 percent of the crop was packed in trays. During the 1989-1990 season, minimum tray weights were mandated, as there were many new packers involved in the kiwifruit packing process and stricter regulations were viewed as necessary to provide uniform container weights for each size. However, since that season the proportion of the crop packed in trays has steadily declined. During the 1997-1998 season, only 15.5 percent of the crop was packed into molded trays and less than 1 percent of this fruit was rejected for failure to meet minimum tray weights. As a consequence, the Committee believed that minimum tray weight requirements might no longer be necessary to maintain uniformity in the marketplace. Prior to the 1998-1999 season handlers were required to meet the minimum net weight requirements as shown in the following chart: Count designation of fruit Minimum net weight of fruit (pounds) 34 or larger 7.5 35 to 37 7.25 38 to 40 6.875 41 to 43 6.75 44 and smaller 6.5 Therefore, at its meeting on July 8, 1998, the Committee unanimously recommended suspension of the minimum net weight requirements for kiwifruit packed in cell compartments, cardboard fillers, or molded trays for the 1998-1999 season. Section 920.302(a)(4)(iii) was suspended for the 1998-1999 season by an interim final rule published September 3, 1998 (63 FR 14861). Even though the fruit was shorter, more full-bodied, and heavier during the 1998-1999 season, handlers were able to reduce packing costs and to compete more effectively in the market. The industry continued to pack well-filled trays without having to spend the extra time weighing them. There was no reduction in the uniform appearance of fruit packed into trays. The consensus of the industry that season was that the absence of tray weights had no negative impact during the 1998-1999 season due to the exceptionally heavy weight of the fruit. The Committee, at its February 25, 1999, meeting, unanimously recommended suspending the minimum net weight requirements for the 1999-2000 season in order to evaluate the suspended requirements during a season when the fruit shape and density were normal. This suspension was implemented by a final rule published on July 29, 1999 (64 FR 41010). As previously mentioned, the 1999-2000 crop was approximately three million tray-equivalents shorter than estimated due to a severe frost during the spring of 1999. This shortage of fruit resulted in limited quantities of fruit available for evaluation. Because of the uncharacteristic fruit in the 1998-1999 season and the short crop in the 1999-2000 season, the Committee voted to suspend the minimum net weight requirement for another year of evaluation. Therefore, at its February 24, 2000, meeting, the Committee once again unanimously recommended continuing the suspension of § 920.302(a)(4)(iii) for another season, the 2000-2001 season. This suspension was implemented by a final rule issued June 14, 2000 (65 FR 37265) and is in effect until July 31, 2001. The 2000-2001 season was normal and enabled the industry to conclude that the suspensions have helped handlers reduce packing costs and to compete more effectively in the marketplace. The Committee and the Federal-State Inspection Service also have concluded that removing the minimum tray weight requirements will not result in a reduction in inspection costs, as the inspection process is essentially the same. The Committee, at its February 28, 2001, meeting, unanimously recommended removing paragraph (a)(4)(iii) of § 920.302 for the 2001-2002 and all future seasons. The Committee also noted that the minimum size requirement should be maintained on all kiwifruit regardless of pack style. These changes address the marketing and shipping needs of the kiwifruit industry and are in the interest of handlers, growers, buyers, and consumers. The impact of these changes is expected to be beneficial to all handlers and growers regardless of size. The Committee discussed alternatives to this change, including continuing the temporary suspensions for another year. The industry believes that it has had adequate time to evaluate these changes. The suspensions helped handlers reduce packing costs and compete more effectively in the marketplace without an adverse affect on quality or appearance of the fruit. Therefore, the Committee recommended removal of §§ 920.155 and 920.302(a)(4)(iii) for the 2001-2002 and future seasons. This rule relaxes inspection and pack requirements under the kiwifruit marketing order. Accordingly, this action will not impose any additional reporting or recordkeeping requirements on either small or large kiwifruit 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. As noted in the initial regulatory flexibility analysis, the Department has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. In addition, the Committee's meeting was widely publicized throughout the kiwifruit industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the February 28, 2001, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. A proposed rule concerning this action was published in the **Federal Register** on May 15, 2001 (66 FR 26810). Copies of the rule were mailed or sent via facsimile to all Committee members and kiwifruit handlers. Finally the rule was made available through the Internet by the Office of the Federal Register. A 30-day comment period ending June 14, 2001, was provided to allow 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 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) because:

(1)This rule removes the pack and inspection requirements which were suspended from August 1, 2000 to July 31, 2001;

(2)the 2001-2002 harvest is expected to begin early September, and this rule should be in effect before that time so producers and handlers can make plans to operate under the relaxed requirements; and

(3)the Committee unanimously recommended these changes at a public meeting and interested parties had an opportunity to provide input. List of Subjects in 7 CFR Part 920 Kiwifruit, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 920 is amended as follows: PART 920—KIWIFRUIT GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part § 920 continues to read as follows: Authority: 7 U.S.C. 601-674. § 920.155 [Removed] 2. In part 920, § 920.155 is removed in its entirety. § 920.302 [Amended] 3. In Section 920.302, paragraph (a)(4)(iii) is removed and paragraphs (a)(4)(iv), (v), and

(vi)are redesignated as paragraphs (a)(4)(iii), (iv), and (v), respectively. Dated: July 25, 2001. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 01-18947 Filed 7-26-01; 11:10 am]

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