Unknown. Final rule

7,127 words·~32 min read·/register/2002/02/19/02-3796

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-2002-02-19.xml --- 67 33 Tuesday, February 19, 2002 Contents Agricultural Agricultural Marketing Service RULES Hass avocado promotion, research, and information order, 7261-7265 02-3796 PROPOSED RULES Hass avocado promotion, research, and information order, 7290-7309 02-3797 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Organization, functions, and authority delegations:

Subordinate ATF officers, 7447-7451 02-3940 02-3941 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 02-3987 7378-7379 02-3989 Submission for OMB review; comment request, 02-3988 7379-7382 02-3990 02-3991 02-3992 02-3993 02-3994 Coast Guard Coast Guard RULES Ports and waterways safety: Hoover Dam, Davis Dam, and Glen Canyon Dam, Colorado River; security zones, 7270-7272 02-3927 PROPOSED RULES Ports and waterways safety:

Long Beach, CA; safety zone, 7321-7323 02-3928 NOTICES Reports and guidance documents; availability, etc.: Double hull standards for vessels carrying oil in bulk; U.S. position on international standards amendment for existing single hull tank vessels phase-out, 7443 02-4061 Merchant mariners as Masters and Chief Mates on ships of 500 gross tonnage or more; proficiency assessment, 7444-7445 02-3929 Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Dominican Republic, 7360-7361 02-3904 Commodity Commodity Credit Corporation RULES Loan and purchase programs: Livestock Indemnity Program, 7265-7267 02-3933 Comptroller Comptroller of the Currency NOTICES Agency information collection activities: Proposed collection; comment request, 7451-7453 02-3937 02-3938 Consumer Consumer Product Safety Commission PROPOSED RULES Poison prevention packaging: Child-resistant packaging requirements— Hormone replacement therapy products containing progestogen and estrogen substances; exemption, 7319-7321 02-3999 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 7361 02-4000 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 7361-7362 02-4012 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— State Program Improvement Grants Program, 7547-7574 02-3995 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 7400-7401 02-3926 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Electricity export and import authorizations, permits, etc.:

Emera Energy Services, Inc., 7362 02-3887 Grants and cooperative agreements; availability, etc.: Steel Industry Research Challenge, 7363 02-3891 Natural gas exportation and importation: Cinergy Marketing & Trading, LP, et al., 7363-7364 02-3890 Energy Energy Information Administration NOTICES Agency information collection activities: Proposed collection; comment request, 7364-7365 02-3889 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Massachusetts, 7272-7279 02-3758 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 7279-7283, 7575-7579 02-3653 02-3764 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Massachusetts, 7323-7324 02-3759 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 02-3654 7324-7327, 7579-7580 02-3655 02-3765 NOTICES Superfund; response and remedial actions:

Bountiful/Woods Cross/5th South PCE Plume NPL Site, UT, 7372-7373 02-3923 Executive Executive Office of the President See Presidential Documents See Science and Technology Policy Office MISSING FOR: Export Administration Bureau Export Administration Bureau NOTICES Export privileges, actions affecting: Black, Sivalls & Bryson

(UK)Ltd., 7348-7349 02-3856 BS&B Process Systems, Inc., 7349-7350 02-3857 Cohen, Eli, 7350-7351 02-3855 Thane-Coat, Inc., et al., 7351-7355 02-3852 02-3853 02-3854 Meetings: Regulations and Procedures Technical Advisory Committee, 7355 02-3996 Farm Farm Service Agency NOTICES Agency information collection activities: Proposed collection; comment request, 7346 02-3966 FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.: Airports in Washington, DC metropolitan area; enhanced security procedures for operations, 7537-7545 02-3846 PROPOSED RULES Airworthiness directives: Honeywell, 7318-7319 02-3877 NOTICES Exemption petitions; summary and disposition, 7445 02-3932 FCC Federal Communications Commission RULES Common carrier services: Satellite communications— Fixed-Satellite Service

(FSS)earth stations and terrestrial fixed service stations; efficient use and sharing of radio spectrum, 7287-7288 02-3722 Practice and procedure: Review request filings; interim filing procedures implementation; waiver Withdrawn, 7287 02-3723 Radio stations; table of assignments: Mississippi and Michigan, 7288-7289 02-3725 South Carolina, 7288 02-3726 Texas, 7289 02-4003 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Schools and libraries; universal service support mechanism, 7327-7341 02-3883 Radio stations; table of assignments: Missouri, 7341 02-4004 Texas, 7341 02-4005 FDIC Federal Deposit Insurance Corporation NOTICES Committees; establishment, renewal, termination, etc.: Banking Policy Advisory Committee, 7373-7374 02-3975 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Otter Tail Power Co. et al., 7368-7370 02-3862 Environmental statements; availability, etc.: PacifiCorp, 7370 02-3911 Hydroelectric applications, 7370-7372 02-3909 02-3910 *Applications, hearings, determinations, etc.:* Canyon Creek Compression Co., 7365 02-3912 Chevron Products Co., 7365 02-3908 High Island Offshore System, 7365-7366 02-3913 Maritimes & Northeast Pipeline, L.L.C., 7366-7367 02-3906 Natural Gas Pipeline Co. of America, 7367-7368 02-3907 Ozark Gas Transmission, L.L.C., 7368 02-3914 Southern LNG Inc., 7368 02-3905 Federal Highway Federal Highway Administration NOTICES Transportation Equity Act for 21st Century; implementation: Intelligent Transportation Systems Joint Program Office; completed integration of maintenance and construction operations user service, 7445-7446 02-3930 Federal Mediation Federal Mediation and Conciliation Service NOTICES Agency information collection activities: Proposed collection; comment request, 7374-7375 02-3886 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 7375 02-3880 Formations, acquisitions, and mergers, 7375-7376 02-3881 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 7376-7377 02-3830 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Tiamulin, 7268-7269 02-3831 Forest Forest Service NOTICES Environmental statements; notice of intent: Lewis and Clark National Forest, MT, 7346-7347 02-3879 GSA General Services Administration RULES Federal travel: Per diem localities; maximum lodging and meal allowances, 7283-7287 02-3998 NOTICES Agency information collection activities: Proposed collection; comment request, 7377 02-3997 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 7377-7378 02-3984 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 7501-7536 02-3602 Indian Indian Affairs Bureau NOTICES Land acquisitions into trust: Indian Land Consolidation Act; amendments, 7392-7393 02-3939 Tribal-State Compacts approval; Class III (casino) gambling: Burns-PaiuteTribe, OR, 7393 02-3860 Confederated Tribes of Warm Springs Reservation, OR, 7393 02-3859 Klamath Tribes, OR, 7393 02-3861 Muckleshoot Indian Tribe, WA, 7393 02-3858 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 7453-7455 02-3971 02-3972 02-3973 02-3974 International International Trade Administration NOTICES Antidumping: Corrosion-resistant carbon steel flat products from— Japan, 7356-7357 02-3968 Stainless sheet steel and strip in coils from— France, 7357 02-3969 Antidumping and countervailing duties: Five year (sunset) reviews— Final results and revocations, 7355-7356 02-3970 Export trade certificates of review, 7357-7358 02-3935 Justice Justice Department See Justice Programs Office RULES Organization, functions, and authority delegations: Emergency Federal Law Enforcement Assistance Program; applications submission; Justice Assistance Bureau address change, 7269-7270 02-3833 PROPOSED RULES Executive Office for Immigration Review: Immigration Appeals Board; case management; procedural reforms, 7309-7318 02-3801 NOTICES Agency information collection activities: Proposed collection; comment request, 7397 02-3936 Justice Justice Programs Office NOTICES Agency information collection activities: Proposed collection; comment request, 7397-7398 02-3870 Submission for OMB review; comment request; extension, 7398 02-3871 Grants and cooperative agreements; availability, etc.: Law Enforcement Training Academies; 2002 Census data collection agent, 7398-7400 02-3872 Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Public land orders: Colorado, 7393-7394 02-3962 Utah, 7394 02-3963 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 7394-7396 02-3878 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 7402 02-3925 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 7402-7404 02-3943 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Krystal Koach, Inc., 7446-7447 02-3964 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 02-3949 02-3950 7382-7384 02-3951 02-3952 02-3953 02-3954 National Center for Research Resources, 7387 02-3845 National Institute of Allergy and Infectious Diseases, 7389 02-3960 National Institute of Child Health and Human Development, 7385-7388 02-3836 02-3837 02-3840 02-3842 02-3843 02-3955 02-3956 National Institute of Environmental Health Sciences, 7387 02-3944 National Institute of General Medical Sciences, 7384 02-3945 National Institute of Mental Health, 7384 02-3835 National Institute of Neurological Disorders and Stroke, 7385 02-3839 National Institute on Alcohol Abuse and Alcoholism, 7384, 7388-7389 02-3834 02-3957 02-3961 National Institute on Deafness and Other Communication Disorders, 7386-7388 02-3841 02-3947 02-3948 National Library of Medicine, 7389-7390 02-3838 02-3844 02-3946 Scientific Review Center, 7390-7391 02-3958 02-3959 Xenotransplantation Advisory Committee, Secretary's, 7391-7392 02-3832 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 7289 02-3978 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf of Mexico, and South Atlantic fisheries— South Atlantic Fishery Management Council; meetings, 7344-7345 02-3982 South Atlantic shrimp, 7344 02-3979 Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permit applications, 7341-7344 02-3980 02-3981 NOTICES Meetings: International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 7358 02-3976 Pacific Fishery Management Council, 7358-7360 02-3977 Permits: Marine mammals, 7360 02-3983 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 7404 02-3899 Environmental statements; availability, etc.: Pennsylvania Power Co. et al., 7405-7406 02-3897 Southern California Edison Co. et al., 7406-7407 02-3896 Export and import license applications for nuclear facilities and materials: Diversified Scientific Services, 7407 02-3901 Grants and cooperative agreements; availability, etc.: Anticipatory research projects; recommendations from stakeholders, 7407-7408 02-3898 Meetings: Reactor Safeguards Advisory Committee, 7408-7409 02-3902 02-3903 Meetings; Sunshine Act, 7409-7410 02-4027 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 7410-7427 02-3750 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 7404-7405 02-3900 Personnel Personnel Management Office NOTICES Excepted service: Schedules A, B, and C; positions placed or revoked— Update, 7427-7429 02-3874 Presidential Presidential Documents EXECUTIVE ORDERS Committees: establishment, renewal, termination, etc.: Trafficking in Persons, President's Task Force To Monitor and Combat; establishment (EO 13257), 7259-7260 02-4071 Public Public Health Service See Food and Drug Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Meetings: California Bay-Delta Public Advisory Committee, 7396 02-3875 Glen Canyon Dam Adaptive Management Work Group and Glen Canyon Technical Work Group, 7396-7397 02-3876 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 7346 02-3966 Rural Rural Housing Service NOTICES Agency information collection activities: Proposed collection; comment request, 7346 02-3966 RUS Rural Utilities Service NOTICES Agency information collection activities: Proposed collection; comment request, 7346 02-3966 Environmental statements; availability, etc.: Georgia Transmission Corp., 7347-7348 02-3967 Science Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 7373 02-3885 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Frank Russell Investment Co. et al., 7433-7436 02-3864 John Hancock Equity Trust et al., 7430-7433 02-3863 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 7436-7441 02-3868 02-3869 New York Stock Exchange, Inc., 7441-7442 02-3867 *Applications, hearings, determinations, etc.:* Global Technovations, Inc., 7429-7430 02-3866 Landauer, Inc., 7430 02-3865 SBA Small Business Administration NOTICES Meetings: Regulatory Fairness Boards— Region VI; hearing, 7442 02-4011 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Transportation Security Administration NOTICES Agency information collection activities: Proposed collection; comment request, 7442 02-3931 Aviation proceedings: Agreements filed; weekly receipts, 7442-7443 02-3965 TSA Transportation Security Administration NOTICES Agency information collection activities Reporting and recordkeeping requirements, 7581-7582 02-4105 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency See Internal Revenue Service NOTICES Privacy Act: Systems of records, 7459-7499 02-3417 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 7455-7456 02-3892 02-3893 Submission for OMB review; comment request, 7456-7457 02-3894 02-3895 Western Western Area Power Administration NOTICES Power rate adjustments: Western Area Colorado-Missouri control area; Energy Imbalance Service, 7372 02-3888 Separate Parts In This Issue Part II Treasury Department, 7459-7499 02-3417 Part III Housing and Urban Development Department, 7501-7536 02-3602 Part IV Transportation Department, Federal Aviation Administration, 7537-7545 02-3846 Part V Education Department, 7547-7574 02-3995 Part VI Environmental Protection Agency, 7575-7580 02-3764 02-3765 Part VII Transportation Department, Transportation Security Administration, 7581-7582 02-4105 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. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 33 Tuesday, February 19, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1219 [FV-01-706-FR] Hass Avocado Promotion, Research, and Information Order; Referendum Procedures AGENCY: Agricultural Marketing Service, Agriculture. ACTION: Final rule. SUMMARY: This rule establishes procedures which the Department of Agriculture (USDA or the Department) will use in conducting a referendum to determine whether the issuance of the proposed Hass Avocado Promotion, Research, and Information Order (Order) is favored by the producers and importers of Hass avocados. The Order will be implemented if it is approved by a simple majority of the producers and importers voting in the referendum. These procedures will also be used for any subsequent referendum under the Order, if it is approved in the initial referendum. The proposed Order is being published in a separate document. This proposed program would be implemented under the Hass Avocado Promotion, Research, and Information Act of 2000. DATES: February 20, 2002. FOR FURTHER INFORMATION CONTACT: Julie A. Morin, Research and Promotion Branch, Fruit and Vegetable Programs, AMS, USDA, Stop 0244, 1400 Independence Avenue, SW., Room 2535-S, Washington, DC 20250-0244; telephone

(888)720-9917, fax

(202)205-2800, or *julie.morin@usda.gov.* SUPPLEMENTARY INFORMATION: A referendum will be conducted among eligible producers and importers of Hass avocados to determine whether they favor issuance of the proposed Hass Avocado Promotion, Research, and Information Order (Order) [7 CFR Part 1219]. The program will be implemented if it is approved by a simple majority of the producers and importers voting in the referendum. The Order is authorized under the Hass Avocado Promotion, Research, and Information Act of 2000

(Act)[7 U.S.C. 7801-7813]. It would cover domestic and imported Hass avocados. A proposed Order is being published separately in this issue of the **Federal Register** . *Prior documents:* A proposed rule was published in the **Federal Register** on July 13, 2001 [66 FR 36886], with a 45-day comment period. Subsequently, USDA published a notice in the **Federal Register** on August 28, 2001 [66 FR 45188], extending the comment period by 15 days, to September 12, 2001. In addition, USDA published a proposed rule on the proposed Hass Avocado Promotion, Research, and Information Order in the **Federal Register** on July 13, 2001 [66 FR 36870], with a 45-day comment period. The comment period on this rule was also extended 15 days. These comment periods were extended one day due to mail service being shut down on September 11-12, 2001. Question and Answer Overview Why Are These Referendum Procedures Being Issued? These procedures are needed to conduct the referendum on the proposed Order. The Order will be implemented if it is approved by a simple majority of the eligible voters in the referendum. When Will the Referendum Be Held? The provisions of a proposed Hass Avocado Promotion, Research, and Information Order will be published in this issue of the **Federal Register** . A referendum order will be published in the **Federal Register** after a bond or irrevocable letter of credit has been posted by the California Avocado Commission. The representative period for eligibility for voting in the referendum and the dates for registration and for voting will be announced in the referendum order. Who Is Eligible To Vote in the Referendum? Each eligible producer and importer will be allowed to register to vote in the referendum. An eligible producer or importer will have produced or imported Hass avocados for at least one year prior to the referendum. How Do I Register To Vote? USDA will provide all known Hass avocado producers and importers with registration instructions. Registration may be done by mail or fax. How Can I Vote in the Referendum? All registered producers and importers will receive a ballot and voting instructions in the mail from USDA. Voting will take place by mail and fax. The ballot must be received by USDA by the close of business on the last day of the voting period. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 1212 of the Act states that the Act may not be construed to preempt or supersede any other program relating to Hass avocado promotion, research, industry information, and consumer information organized under the laws of the United States or of a state. Under Section 1207 of the Act, a person subject to the Order may file a petition with the Department stating that the Order, any provision of the Order, or any obligation imposed in connection with the Order, is not established in accordance with the law, and requesting a modification of the Order or an exemption from the Order. Any petition filed challenging the Order, any provision of the Order or any obligation imposed in connection with the Order, shall be filed within two years after the effective date of the Order, provision or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. The Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall be the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of entry of the Department's final ruling. Executive Order 12866 This rule has been determined not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act

(RFA)[5 U.S.C. 601 *et seq.* ], the Agency is required to examine the impact of this rule on small entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such action so that small businesses will not be disproportionately burdened. The Act, which authorizes the Department to implement a research and promotion program covering domestic and imported Hass avocados, became effective on October 23, 2000. This rule establishes the procedures under which producers and importers may vote on whether they want a national promotion, research, and information program to be implemented for Hass avocados. Producers and importers of Hass avocados who have produced or imported Hass avocados for at least one year prior to the referendum will be eligible to vote. This rule adds a new subpart which establishes procedures to conduct the initial and future referenda. The subpart covers definitions, registration, voting instructions, use of subagents, ballots, the referendum report, and confidentiality of information. There are approximately 6,000 producers and 200 importers who will be eligible to vote in the referendum. The Small Business Administration [13 CFR 121.201] defines small agricultural producers as those having annual receipts of $750,000 or less annually and small agricultural service firms as those having annual receipts of $5 million or less. Importers would be considered agricultural service firms. Using these criteria, most producers and importers would be considered small businesses. The Act authorizes assessments on fresh, frozen, and processed Hass avocados. However, initially only fresh Hass avocados will be assessed. Therefore, only producers and importers of fresh Hass avocados will covered by the initial referendum. According to USDA's National Agricultural Statistics Service (NASS), total U.S. production of avocados during the 2000-2001 season was 234,320 tons, most of which was utilized fresh except for a small processed quantity that NASS included in fresh utilization to protect the confidentiality of individual operations. The value of the 2000-2001 crop was $321 million. Production in 2000-2001 was up 28 percent from the previous year's total of 183,300 tons, which had a value of $379 million. In 2000-2001, California accounted for more than 89 percent of U.S. avocado production, followed by Florida (nearly 11 percent) and Hawaii (about 0.1 percent). Hass avocados account for about 85 percent of the total California avocado crop. Avocados are imported in both fresh and processed forms. In 2000, fresh avocado importers accounted for about 75 percent of the total tonnage of fresh and processed avocados imported. Imported fresh avocados totaled 86,667 tons, up 21 percent from 1999. The total import value for fresh and processed avocados was $149 million in 2000, up from $105 million in 1999. The total tonnage imported was up 37 percent in 2000, to 111,880 tons. The trend in imports is up, and imports have more than doubled since 1997. Almost all prepared or preserved avocado imports come from Mexico. In recent years, Chile has accounted for more than 50 percent of fresh imports, followed by Mexico, the Dominican Republic, and New Zealand. This rule provides the procedures under which producers and importers of Hass avocados will vote on whether they want the Order to be implemented. In accordance with the provisions of the Act, subsequent referenda may be conducted, and these procedures would apply. These procedures include provisions concerning producer and importer eligibility, registration, voting, and instructions for referendum agents. USDA will keep producers and importers informed throughout the program implementation and referendum process to ensure that they are aware of and are able to participate in the program implementation process. USDA will also publicize information regarding the referendum process so that trade associations and related industry media can be kept informed. Voting in the referendum is optional. However, if producers and importers choose to vote, the burden of voting would be offset by the benefits of having the opportunity to vote on whether or not they want to be covered by the program. The information collection requirements contained in this final rule are designed to minimize the burden on producers and importers. This rule provides for voter registration and a ballot to be used by eligible producers and importers to vote in the referendum. The estimated annual cost of providing the information by an estimated 6,000 producers would be $6,000 or $1.00 per producer and for an estimated 200 importers would be $200 or $1.00 per importer. The Department considered requiring eligible voters to vote in person at various USDA offices across the country. The Department also considered electronic voting, but the use of computers is not universal. Conducting the referendum from one central location by mail and fax would be more cost-effective. USDA will provide easy access to information for potential voters through a toll-free telephone line. There are no federal rules that duplicate, overlap, or conflict with this rule. Paperwork Reduction Act In accordance with the OMB regulation [5 CFR 1320] which implements the Paperwork Reduction Act of 1995 [44 U.S.C. Chapter 35], voter registration and the referendum ballot, which represent the information collection and recordkeeping requirements imposed by this rule, have been approved by OMB. *Title:* National Research, Promotion, and Consumer Information Programs. *OMB Number:* 0581-0197. *Expiration Date of Approval:* October 31, 2004. *Type of Request:* New information collection for research and promotion programs. *Abstract* : The information collection requirements in this request are essential to carry out the intent of the Act. The information collection requirements relating to referenda are registration for the referendum and the ballot. To register, persons will submit to USDA, either by mail or fax, their name, company name (if applicable), address, and business telephone number. The information collected on the ballot will be the person's vote (yes or no) and signature certifying the person's eligibility to vote. The estimated cost of providing the information by an estimated 6,000 producers would be $6,000 or $1.00 per producer and for an estimated 200 importers would be $200 or $1.00 per importer. The registration and voting requirements have been carefully reviewed, and every effort has been made to minimize any unnecessary recordkeeping costs or requirements, including efforts to utilize information already maintained by potential voters. The registration and voting requirements have been designed to require the minimum information necessary to effectively carry out the requirements of the Act, and their use is necessary to fulfill the intent of the Act. Such information can be supplied without data processing equipment or outside technical expertise. In addition, there are no additional training requirements for individuals to register or vote. The registration and voting processes are simple, easy to understand, and place as small a burden as possible on the persons choosing to vote in the referendum. The information collection requirements in this rule are: 1. Voter Registration *Estimate of Burden* : Public reporting burden for this collection of information is estimated to average 0.25 hours per response for each producer and importer. *Respondents:* Producers and importers. *Estimated Number of Respondents:* 6,200. *Estimated Number of Responses per Respondent:* 1 every 5 years (0.2). *Estimated Total Annual Burden on Respondents:* 310 hours. 2. Ballot *Estimate of Burden* : Public reporting burden for this collection of information is estimated to average 0.25 hours per response for each producer and importer. *Respondents:* Producers and importers. *Estimated Number of Respondents:* 6,200. *Estimated Number of Responses per Respondent:* 1 every 5 years (0.2). *Estimated Total Annual Burden on Respondents:* 310 hours. Background The Act, which became effective on October 23, 2000, authorizes the Department to establish a national research and promotion program covering domestic and imported Hass avocados. The California Avocado Commission (Commission) submitted an entire proposed Order and proposed referendum procedures on December 29, 2000. Subsequently, on March 9, 2001, partial proposals on the Order were received from Hass avocado interests in Chile, Mexico, and New Zealand. These proposals were published for public comment in the July 13, 2001, issue of the **Federal Register** . The proposed Order would provide for the development and financing of an effective and coordinated program of promotion, research, and consumer and industry information for Hass avocados in the United States. The program would be funded by an assessment levied on producers (to be collected by handlers) and importers (to be collected by the U.S. Customs Service at time of entry into the United States) at an initial rate of 2.5 cents per pound. The Act authorizes assessments on fresh, frozen, and processed Hass avocados. However, initially, only fresh domestic and imported Hass avocados will be covered by the program. The assessments would be used to pay for promotion, research, and consumer and industry information; administration, maintenance, and functioning of the proposed Hass Avocado Board; and expenses incurred by the Department in implementing and administering the Order, including referendum costs. Section 1206 of the Act requires that a referendum be conducted among eligible producers and importers of Hass avocados to determine whether they favor implementation of the Order. That section also requires the Order to be approved by a simple majority of the producers and importers voting. In order to be eligible to vote, producers and importers must have been engaged in producing or importing Hass avocados for at least one year prior to the referendum. Further, producers and importers have to register with the Department prior to the voting period. Registration will occur after producers and importers receive registration instructions and notice that a referendum will be conducted. This notice will be at least 30 days prior to the referendum. This rule establishes the procedures under which producers and importers of Hass avocados may vote on whether they want the Hass avocado promotion, research, and information program to be implemented. There are approximately 6,200 eligible voters. Three comments were received on the referendum procedures. Two comments offered modifications or changes to the provisions and procedures for conducting the referendum. In addition, a third comment generally affirmed and supported one of these two comments. One comment addressed the definition of “eligible importer” in the third sentence of § 1219.101. The comment stated that the definition should be changed to delete the reference to persons who hold title to foreign produced Hass avocados immediately upon release by the U.S. Customs Service. The comment noted that this could include persons who neither reside in nor are citizens of the United States. The definition of importers eligible to vote in referenda is the same as the definition of importer in § 1219.14 of the Order. The definition in the Order describes importers who would be required to pay assessments if the Order is implemented. Only persons subject to assessments can vote in referenda. Therefore, we are adopting, without change, the definition of eligible importer as proposed on July 13, 2001, to assure that all importers who would be required to pay assessments are eligible to vote in referenda. Comments also were submitted on the registration process for the referendum. One comment recommended modifying § 1219.102 to designate the Commission as an agent for the purpose of registering voters with the Department to ensure the maximum voter registration. This would be in addition to the Department also being an agent for voter registration. The comment noted that the Commission is responsible for the implementation of the California State Hass avocado program and as such it would be logical to designate the Commission as agent for registration. We disagree. The Act provides that producers and importers register with the Department. The comment's suggestion would not be consistent with the registration provisions of the Act. Therefore, no change to § 1219.102 is made as a result of this comment. This comment also urged the Department to conduct the referendum in a prompt and efficient manner. The comment went on to discuss elections under the California State program and mentioned that information is available under that program that would be helpful in conducting the referendum for the federal program. The Department will utilize all available information as is appropriate in order to conduct the referendum in as prompt and efficient manner as is possible while maximizing participation in the referendum process. A second comment concerning § 1219.102 supported the provision providing that the Department be the only entity in charge of registering eligible importers. The comment noted that the Department take its time in developing a list of eligible importers so that eligible importers are not excluded from registering for and voting in the referendum. This comment requested that, in order to ensure participation of the greatest possible number of importers in the referendum, the Department consult with country-of-origin exporter associations when developing a list of importers and the ballot and instructions for the referendum. As mentioned above in discussing the previous comment, the Department will utilize available information as is appropriate in order to conduct the referendum in as prompt and efficient manner as is possible while maximizing participation in the referendum process. Finally, one comment stated that approval of the proposed Order should be based on a majority of the voters who represent a majority of the volume of Hass avocados voted in the referendum. The comment stated that basing approval of the proposed Order on a simple majority of the persons voting is discriminatory and unfair to importers because importers will be severely underrepresented. The comment noted that the number of importers is small relative to the volume of imports, and the number of producers is large relative to the volume of domestic production. The requirement for the proposed Order to be approved by a simple majority of the eligible producers and importers voting in the referendum—without a volume requirement—is established in the Act. Therefore, no change will be made in the conduct of the referendum as a result of this comment. However, the Department has revised §§ 1219.101(b), (g), (h), and (i), 1219.102, 1219.103(c), and 1219.108 and added a new § 1219.109. Paragraphs

(b)and

(i)of § 1219.101 were revised to correct typographical errors in the July 13, 2001, proposed rule. Paragraphs

(g)and

(h)of § 1219.101 were revised by changing references to the “Secretary” to the “Administrator” for the purpose of accuracy and clarity. Section 1219.102 was revised by changing the citation of a cross-reference, specifying that registration information shall be confidential, and changing references to the “Secretary” to the “referendum agent” for accuracy and clarity. Paragraph

(c)of § 1219.103 was revised by changing the reference to the “Secretary” to the “referendum agent” for accuracy and clarity and to authorize voters to cast their ballots by mail or by fax to add another voting option for voters. Section 1219.108 was revised to clarify that registration information shall be kept confidential and that the confidentiality requirement covers the identity as well as the vote of voters in the referendum. Section 1219.109 was added to identify the OMB control number for the subpart. Pursuant to 5 U.S.C. 553, it is found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)The referendum will be held in the near future;

(2)producers and importers need to register with the Department prior to that time;

(3)notice of the referendum is required to be given to producers and importers at least 30 days prior to the referendum; and

(4)interested persons including producers and importers were given the opportunity to comment on the proposal for a total of 61 days. List of Subjects in 7 CFR Part 1219 Administrative practice and procedure, Advertising, Consumer information, Hass avocados, Marketing agreements, Promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, Title 7 Chapter XI of the Code of Federal Regulations is amended by adding part 1219 to read as follows: PART 1219—HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION Subpart A—[Reserved] Subpart B—Referendum Procedures Sec. 1219.100 General. 1219.101 Definitions. 1219.102 Registration. 1219.103 Voting. 1219.104 Instructions. 1219.105 Subagents. 1219.106 Ballots. 1219.107 Referendum report. 1219.108 Confidential information. 1219.109 OMB control number. Authority: 7 U.S.C. 7801-7813. Subpart A—[Reserved] Subpart B—Referendum Procedures § 1219.100 General. Referenda to determine whether eligible producers and importers of Hass avocados favor the issuance, amendment, suspension, or termination of the Hass Avocado Promotion, Research, and Information Order shall be conducted in accordance with this subpart. § 1219.101 Definitions.

(a)*Administrator* means the Administrator of the Agricultural Marketing Service, with power to redelegate, or any officer or employee of the U.S. Department of Agriculture to whom authority has been delegated or may hereafter be delegated to act in the Administrator's stead.

(b)*Eligible importer* means any person who imported Hass avocados, that are identified by the number 08-04.00.00.10 in the Harmonized Tariff Schedule of the United States for at least one year prior to the referendum. Importation occurs when Hass avocados originating outside of the United States are released from custody by the U.S. Customs Service and introduced into the stream of commerce in the United States. Included are persons who hold title to foreign-produced Hass avocados immediately upon release by the U.S. Customs Service, as well as any persons who act on behalf of others, as agents or brokers, to secure the release of Hass avocados from the U.S. Customs Service when such Hass avocados are entered or withdrawn for consumption in the United States.

(c)*Eligible producer* means any person who produced Hass avocados in the United States for at least one year prior to the referendum who:

(1)Owns, or shares the ownership and risk of loss of, the crop;

(2)Rents Hass avocado production facilities and equipment resulting in the ownership of all or a portion of the Hass avocados produced;

(3)Owns Hass avocado production facilities and equipment but does not manage them and, as compensation, obtains the ownership of a portion of the Hass avocados produced; or

(4)Is a party in a landlord-tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to produce Hass avocados who share the risk of loss and receive a share of the Hass avocados produced. No other acquisition of legal title to Hass avocados shall be deemed to result in persons becoming eligible producers.

(d)*Hass avocados* means the fruit grown in or imported into the United States of the species *Persea americana* Mill. For the purposes of the initial referendum, the term shall include fresh fruit only.

(e)*Order* means the Hass Avocado Promotion, Research, and Information Order.

(f)*Person* means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity. For the purpose of this definition, the term “partnership” includes, but is not limited to:

(1)A husband and a wife who have title to, or leasehold interest in, a Hass avocado farm as tenants in common, joint tenants, tenants by the entirety, or, under community property laws, as community property; and

(2)So-called “joint ventures” wherein one or more parties to an agreement, informal or otherwise, contributed land and others contributed capital, labor, management, or other services, or any variation of such contributions by two or more parties.

(g)*Referendum agent* or *agent* means the individual or individuals designated by the Administrator to conduct the referendum.

(h)*Representative period* means the period designated by the Administrator.

(i)*United States.* The term “United States” means collectively of the several 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, and the Federated States of Micronesia. § 1219.102 Registration. An eligible producer or importer of Hass avocados, as defined in this subpart, at the time of the referendum and during a representative period, who chooses to vote in any referendum conducted under this subpart, shall register with the referendum agent prior to the voting period, after receiving notice from the referendum agent concerning the referendum under § 1219.104(b). Registration information shall be confidential under § 1219.108. § 1219.103 Voting.

(a)Each eligible producer and eligible importer who registers to vote in the referendum shall be entitled to cast only one ballot in the referendum. However, each producer in a landlord-tenant relationship or a divided ownership arrangement involving totally independent entities cooperating only to produce Hass avocados, in which more than one of the parties is a producer, shall be entitled to cast one ballot in the referendum covering only such producer's share of the ownership.

(b)Proxy voting is not authorized, but an officer or employee of an eligible corporate producer or importer, or an administrator, executor, or trustee or an eligible entity may cast a ballot on behalf of such entity. Any individual so voting in a referendum shall certify that such individual is an officer or employee of the eligible entity, or an administrator, executive, or trustee of an eligible entity and that such individual has the authority to take such action. Upon request of the referendum agent, the individual shall submit adequate evidence of such authority.

(c)All ballots are to be cast by mail or fax, as instructed by the referendum agent. § 1219.104 Instructions. The referendum agent shall conduct the referendum, in the manner herein provided, under the supervision of the Administrator. The Administrator may prescribe additional instructions, not inconsistent with the provisions hereof, to govern the procedure to be followed by the referendum agent. Such agent shall:

(a)Determine the period during which ballots may be cast (voting period).

(b)Notify producers and importers of the voting period for the referendum and the requirement to register to vote in the referendum at least 30 days in advance by utilizing available media or public information sources, without incurring advertising expense, to publicize the dates, places, method of voting, eligibility requirements, and other pertinent information. Such sources of publicity may include, but are not limited to, print and radio.

(c)Develop the ballots and related material to be used in the referendum. The ballot shall provide for recording essential information, including that needed for ascertaining whether the person voting, or on whose behalf the vote is cast, is an eligible voter.

(d)Develop a list of producers and importers who register to vote.

(e)Mail to registered voters the instructions on voting, a ballot, and a summary of the terms and conditions of the proposed Order.

(f)At the end of the voting period, collect, open, number, and review the ballots and tabulate the results in the presence of an agent of a third party authorized to monitor the referendum process.

(g)Prepare a report on the referendum.

(h)Announce the results to the public. § 1219.105 Subagents. The referendum agent may appoint any individual or individuals necessary or desirable to assist the agent in performing such agent's functions hereunder. Each individual so appointed may be authorized by the agent to perform any or all of the functions which, in the absence of such appointment, shall be performed by the agent. § 1219.106 Ballots. The referendum agent and subagents shall accept all ballots cast. However, if an agent or subagent deems that a ballot should be challenged for any reason, the agent or subagent shall endorse above their signature, on the ballot, a statement to the effect that such ballot was challenged, by whom challenged, the reasons therefore, the results of any investigations made with respect thereto, and the disposition thereof. Ballots invalid under this subpart shall not be counted. § 1219.107 Referendum report. Except as otherwise directed, the referendum agent shall prepare and submit to the Administrator a report on the results of the referendum, the manner in which it was conducted, the extent and kind of public notice given, and other information pertinent to the analysis of the referendum and its results. § 1219.108 Confidential information. The list of registered voters, ballots, and all other information or reports that reveal, or tend to reveal, the identity or vote of voters in the referendum shall be strictly confidential and shall not be disclosed. § 1219.109 OMB control number. The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35 is OMB control number 0581-0197. Dated: February 12, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-3796 Filed 2-13-02; 2:00 pm]

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