Unknown. Final rule
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/register/2002/11/01/02-27764A 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-2002-11-01.xml --- 67 212 Friday, November 1, 2002 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 66527-66529 02-27764 Potatoes (Irish) grown in— Idaho and Oregon, 66529-66532 02-27767 PROPOSED RULES Meats, prepared meats, and meat products; certification and standards: Federal meat grading and certification services; fee changes, 66576-66578 02-27766 Onions (sweet) grown in— Washington and Oregon, 66578 02-27765 NOTICES Grants and cooperative agreements; availability, etc.:
National Organic Certification Cost-Share Program, 66601 02-27768 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Bovine spongiform encephalopathy; disease status change— Israel, 66533 02-27812 Army Army Department NOTICES Senior Executive Service:
Performance Review Board; membership, 66617-66618 02-27823 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Johnson & Johnson Pharmaceutical Research & Development, L.L.C., 66642 02-27788 Centers Centers for Medicare & Medicaid Services RULES Medicare:
Hospital outpatient prospective payment system (2003 CY), 66717-67046 02-27548 NOTICES Medicare and Medicaid: National accreditation organizations; approval— American Osteopathic Association, 66642-66645 02-27782 Children Children and Families Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66645-66646 02-27759 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 66553-66554 02-27850 Massachusetts, 66552-66553 02-27851 PROPOSED RULES Ports and waterways safety:
Port of San Diego, CA; security zones, 66595-66597 02-27849 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act: Systems of records, 66607-66612 02-27817 02-27818 02-27819 02-27820 02-27821 02-27822 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 66605-66607 02-27824 02-27825 Consumer Consumer Product Safety Commission RULES Poison prevention packaging:
Child-resistant packaging requirements— Hormone replacement therapy products containing progestogen and estrogen substances; exemption, 66550-66552 02-27745 NOTICES Meetings; Sunshine Act, 66617 02-27984 Defense Defense Department See Army Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 66617 02-27762 Drug Drug Enforcement Administration NOTICES Schedules of controlled substances; production quotas:
Schedules I and II— Proposed 2003 aggregate, 66663-66666 02-27882 Education Education Department RULES Postsecondary education: Institutional eligibility; various Federal student aid loan and grant programs, 67047-67083 02-27627 NOTICES Meetings: National Assessment Governing Board, 66618 02-27783 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66669 02-27868 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 66670-66671 02-27652 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency information collection activities:
Submission for OMB review; comment request, 66618-66619 02-27802 Grants and cooperative agreements; availability, etc.: Low Dose Radiation Research Program, 66619-66623 02-27800 Meetings: Environmental Management Site-Specific Advisory Board— Idaho National Engineering and Environmental Laboratory, ID, 66623-66624 02-27801 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
Washington, 66555-66561 02-27833 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Thiamethoxam, 66561-66571 02-27830 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Washington, 66598 02-27834 NOTICES Agency information collection activities: Submission for OMB review; comment request, 66626-66629 02-27835 02-27836 02-27837 Environmental statements; availability, etc.:
Agency statements— Comment availability, 66630 02-27827 Weekly receipts, 66629-66630 02-27826 Reports and guidance documents; availability, etc.: Asthma Research Strategy, 66631 02-27829 Superfund; response and remedial actions, proposed settlements, etc.: Yonkelowitz Junkyard Site, IL, 66631-66632 02-27832 Water pollution control: Clean Water Act— Class II administrative penalty assessments, 66632 02-27831 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Meetings;
Sunshine Act, 66632 02-27914 FAA Federal Aviation Administration RULES Airworthiness directives: Honeywell, 66548-66550 02-27433 MORAVAN a.s., 66540-66541 02-27201 Pilatus Aircraft Ltd., 66541-66544 02-27418 Pilatus Britten-Norman Ltd., 66544-66546 02-27419 Stemme GmbH & Co., 66547-66548 02-27420 PROPOSED RULES Class E airspace, 66592-66593 02-27844 NOTICES Exemption petitions; summary and disposition, 66702-66703 02-27845 Grants and cooperative agreements; availability, etc.:
Military Airport Program, 66703-66706 02-27726 Passenger facility charges; applications, etc.: Brownsville/South Padre Island International Airport, TX, 66703 02-27846 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— AM broadcast stations construction permits auction; notice and filing requirements, minimum opening bids, etc., 66632-66641 02-27816 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:
Anaheim et al., CA, 66624-66625 02-27903 Creed Energy Center, LLC, et al., 66625-66626 02-27904 Federal Housing Federal Housing Enterprise Oversight Office RULES Risk-based capital: Technical amendments, 66533-66540 02-26863 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 66641 02-27858 Formations, acquisitions, and mergers, 66641-66642 02-27859 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:
Critical habitat designations— Baker's larkspur and yellow larkspur, 66599-66600 02-27872 NOTICES Pipeline right-of-way applications: North Carolina, 66657-66658 02-27793 Food Food and Drug Administration PROPOSED RULES Human drugs: Abbreviated new drug applications; 180-day generic drug exclusivity; withdrawn, 66593-66594 02-27797 NOTICES Meetings: Reproductive Health Drugs Advisory Committee, 66646 02-27884 Reports and guidance documents; availability, etc.: Antiretroviral drugs using plasma HIV RNA measurement-clinical considerations for accelerated and traditional approval, 66646-66647 02-27885 Diagnostic x-ray field size; compliance policy guide revoked; correction, 66647 02-27886 Immunotoxicology evaluation of investigational new drugs, 66647-66648 02-27883 Food Food Safety and Inspection Service NOTICES Meetings:
Meat and Poultry Inspection National Advisory Committee, 66601-66602 02-27841 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations: Terrorism-related blocked persons; additional designations, 66707-66710 02-27813 02-27814 02-27815 Forest Forest Service NOTICES Environmental statements; notice of intent: Boise National Forest, ID, 66602-66604 02-27737 Fremont National Forest, OR, 66604-66605 02-27786 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):
Agency information collection activities— Proposed collection; comment request, 66617 02-27762 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Agency information collection activities:
Proposed collection; comment request, 66655-66656 02-27747 Submission for OMB review; comment request, 66656-66657 02-27746 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 66657 02-27536 Immigration Immigration and Naturalization Service RULES Immigration: Aliens— Legal Immigration Family Equity Act and LIFE Act Amendments; legalization and family unity provisions; status adjustment; correction, 66532 02-27798 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See National Park Service International International Trade Administration NOTICES Antidumping:
Freshwater crawfish tail meat from— China, 66613 02-27855 Mechanical transfer presses from— Japan, 66613-66614 02-27854 Natural bristle paint brushes from— China, 66614-66615 02-27856 Antidumping and countervailing duties: Administrative review requests, 66612-66613 02-27857 International International Trade Commission NOTICES Import investigations: Carbon and alloy steel wire rod from— Various countries, 66662-66663 02-27860 Meetings; Sunshine Act, 66663 02-27980 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service NOTICES Voting Rights Act certifications:
Titus County, TX, 66663 02-27985 Labor Labor Department See Employment Standards Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 66666-66669 02-27866 02-27867 02-27869 02-27870 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 66658-66660 02-27715 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):
Agency information collection activities— Proposed collection; comment request, 66617 02-27762 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 66648 02-27754 National Eye Institute, 66648 02-27753 National Institute of Child Health and Human Development, 66648, 66650-66651 02-27748 02-27756 02-27757 National Institute of Environmental Health Sciences, 66649-66650 02-27750 National Institute of General Medical Sciences, 66650 02-27755 National Institute of Mental Health, 66650 02-27751 National Institute on Alcohol Abuse and Alcoholism, 66648-66649 02-27749 Scientific Review Center, 66651-66653 02-27752 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 66575 02-27853 NOTICES International fisheries regulations: Fraser River sockeye and pink salmon; inseason orders, 66615-66616 02-27874 Permits: Marine mammals, 66616 02-27875 National Park National Park Service NOTICES Meetings: Kaloko-Honokohau National Historical Park Advisory Commission, 66660 02-27878 National Register of Historic Places: Pending nominations, 66661-66662 02-27880 Reports and guidance documents; availability, etc.:
Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 66662 02-27879 Nuclear Nuclear Regulatory Commission PROPOSED RULES Production and utilization facilities; domestic licensing: Light water reactor electric generating plants; voluntary fire protection requirements, 66578-66588 02-27701 Rulemaking petitions: Christian, Lawrence T., et al., 66588-66592 02-27861 NOTICES Environmental statements; availability, etc.: Florida Power & Light Co., 66674 02-27864 *Applications, hearings, determinations, etc.:* North Atlantic Energy Service Corp. et al., 66672-66673 02-27862 Portland General Electric Co., 66673-66674 02-27863 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities:
Proposed collection; comment request, 66671-66672 02-27772 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation NOTICES Privacy Act: Systems of records, 66674-66677 02-27991 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Family Caregivers Month (Proc. 7615), 67085-67088 02-28058 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration RULES Hazardous materials:
Hazardous materials transportation— Shipping papers; retention, 66571-66575 02-27735 PROPOSED RULES Hazardous materials: Incident reporting requirements and incident report form; revisions, 66598-66599 02-27852 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 66677 02-27775 Joint Industry Plan: National Association of Securities Dealers, Inc., et al., 66685-66689 02-27806 Self-regulatory organizations; proposed rule changes:
Chicago Board Options Exchange, Inc., 66689-66693 02-27805 02-27808 International Securities Exchange LLC, 66693-66695 02-27809 National Association of Securities Dealers, Inc., 66695-66696 02-27804 National Securities Clearing Corp., 66696-66697 02-27803 Philadelphia Stock Exchange, Inc., 66697-66698 02-27810 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 66677-66685 02-27776 02-27807 SBA Small Business Administration NOTICES Meetings:
Regional Fairness Boards— Region IX; hearing, 66698 02-27794 Region VII; Public Roundtable, 66698-66699 02-27795 Special Special Counsel Office NOTICES Senior Executive Service: Performance Review Board; membership, 66699 02-27763 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 66653-66655 02-27785 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
Chicago SouthShore & South Bend Railroad Co., 66706-66707 02-27582 Illinois Indiana Development Co., LLC, 66707 02-27583 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: 2002 annual product and country eligibility practices annual review and 2001 annual review status, 66699-66700 02-27773 Reports and guidance documents; availability, etc.: Foreign Trade Barriers; National Trade Estimate Report; comment request, 66700-66701 02-27744 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Research and Special Programs Administration See Surface Transportation Board NOTICES Privacy Act:
Systems of records, 66701-66702 02-27168 Treasury Treasury Department See Foreign Assets Control Office Veterans Veterans Affairs Department RULES Medical benefits: Medicare Part A hospital insurance benefits; CHAMPVA eligibility to persons age 65 and over, 66554-66555 02-27877 NOTICES Agency information collection activities: Proposed collection; comment request, 66710-66711 02-27777 02-27778 Submission for OMB review; comment request, 66711 02-27779 66711-66712 02-27780 Privacy Act:
Systems of records, 66712-66715 02-27876 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 66717-67046 02-27548 Part III Education Department, 67047-67083 02-27627 Part IV The President, 67085-67088 02-28058 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. 67 212 Friday, November 1, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Docket No.
FV02-905-3 FIR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Removing Dancy and Robinson Tangerine Varieties From the Rules and Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule that removed the Dancy and Robinson varieties of tangerines from the regulated varieties of Florida citrus prescribed under the marketing order covering oranges, grapefruit, tangerines, and tangelos grown in Florida (order). The order is administered locally by the Citrus Administrative Committee (committee). This rule also continues in effect the removal of a section of the rules and regulations dealing with handling procedures for Dancy and Robinson tangerines. Production of these varieties has declined and is expected to continue to decline. Removing these varieties will not have a significant impact on the tangerine market. EFFECTIVE DATE: December 2, 2002. FOR FURTHER INFORMATION CONTACT: William G. Pimental, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter Haven, Florida 33884-1671; telephone:
(863)324-3375, Fax:
(863)325-8793; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 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, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone:
(202)720-2491, Fax:
(202)720-8938, or E-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This 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 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.” USDA is issuing this rule in conformance with Executive Order 12866. This 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 USDA 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 USDA 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 USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. The order provides for the establishment of grade and size requirements for Florida citrus, with the concurrence of USDA. These grade and size requirements are designed to provide fresh markets with citrus fruit of acceptable quality and size. This helps create buyer confidence and contributes to stable marketing conditions. This is in the interest of growers, handlers, and consumers, and is designed to increase returns to Florida citrus growers. This rule continues in effect the removal of Dancy and Robinson tangerines from the regulated varieties of Florida citrus fruit prescribed under the marketing order covering oranges, grapefruit, tangerines, and tangelos grown in Florida. Production of these varieties has declined, and it is expected that production will continue to decline. Removing these varieties from the minimum grade and size requirements will not have a significant impact on the overall quality of tangerines. This action was unanimously recommended by the committee at its meeting on May 22, 2002. Section 905.52 of the order, in part, authorizes the committee to recommend minimum grade and size regulations to USDA. Section 905.306 of the order's rules and regulations specifies the regulation period and the minimum grade and size requirements for different varieties of fresh Florida citrus. 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 continues to modify § 905.306 by deleting Dancy tangerines and Robinson tangerines from the list of entries in Table I of paragraph (a), and in Table II of paragraph (b). In its deliberations, the committee realized that Dancy tangerines and Robinson tangerines no longer significantly impact the citrus market. During the 2001-02 season, total shipments of Dancy tangerines were 12,798 cartons. Florida Department of Agriculture statistics show that in 2000-01, 23,000 cartons were shipped. This is down from 94,000 cartons shipped during the 1997-98 season. During 2001-02, only 124,249 cartons of Robinson tangerines were shipped. Florida Department of Agriculture statistics show that in 2000-01, 165,000 cartons were shipped. This is down from 262,000 cartons shipped in 1997-98. Production of these varieties has declined as newer varieties have been developed and planted. The decline is expected to continue. Shipments of these varieties represented less than 3 percent of fresh shipments of early tangerines during the 2001-02 season. Consequently, the committee believes that the current market share and shipment levels justify removal of minimum grade and size requirements for these varieties. Section 905.152 sets forth procedures for determining handlers' permitted quantities of Dancy and Robinson tangerine varieties when a portion of the 210 size of these varieties was restricted. Because Dancy and Robinson tangerines no longer have to meet size requirements, § 905.152 is unnecessary and the removal of this section is continued. 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 11,000 producers of Florida citrus in the production area and approximately 75 tangerine handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $5,000,000. Based on industry and committee data, the average annual F.O.B. price for fresh early Florida tangerines during the 2000-01 season was around $10.00 per 4/5 -bushel carton, and total fresh shipments of early tangerines for the 2001-02 season were approximately 5.2 million cartons. Approximately 20 percent of all handlers handled 77 percent of Florida tangerine shipments. Using tangerine shipments and the average F.O.B. prices, it can be determined that the majority of Florida tangerine handlers could be considered small businesses under SBA's definition. In addition, the majority of Florida citrus growers may be classified as small entities. This rule continues in effect the removal of Dancy and Robinson tangerines from the varieties of citrus regulated under the order. These varieties are no longer required to meet the minimum grade and size requirements. Production of these varieties has declined and it is expected that production will continue to decline. Removing these varieties from the list of regulated varieties will not have a significant impact on the tangerine market. Section 905.52 of the order, in part, authorizes the committee to recommend minimum grade and size regulations to the USDA. Section 905.306 of the order's rules and regulations specifies the regulation period and the minimum grade and size requirements for different varieties of fresh Florida citrus. This rule continues in effect modifications to § 905.306 of the rules and regulations concerning covered varieties and minimum grade and size requirements, respectively. This rule also continues to remove § 905.152. This rule is expected to have a positive impact on affected entities because these varieties are being removed from the handling requirements. Because this rule continues to relax the handling requirements by removing two varieties from the list of varieties regulated, handlers will be able to market these varieties free from the order's requirements. There are no additional costs imposed on growers and handlers with this rule. Only a total of approximately 137,000 cartons of these tangerines were shipped during the 2001-02 season. Florida Department of Agriculture statistics show that in 2000-01, a total of 188,000 cartons of these varieties were shipped. This is down from a total of 356,000 cartons of Dancy and Robinson tangerines shipped during the 1997-98 season. Shipments of these varieties accounted for less than 3 percent of the overall 5.2 million cartons of early Florida tangerines shipped during the 2001-02 season. Production of these varieties has declined as newer varieties have been developed and planted. The decline in production of these varieties is expected to continue. Most producers have already discontinued growing these varieties and handlers find it easier to sell the newer varieties that have been developed. The benefits derived from this change are expected to benefit both large and small entities equally. One alternative discussed was to make no change to the order's handling regulations. The committee saw this alternative as being of no benefit to the industry because of the declining production and minimal market share of these varieties. The committee believes these varieties have no significant impact on the tangerine market and agreed that action should be taken to remove these varieties from the handling regulations, so this alternative was rejected. Another alternative was to also remove the Ambersweet variety from the regulations. However, the committee determined that annual shipments of this variety are at a level that impacts the market and, therefore, this alternative was rejected. This rule will not impose any additional reporting or recordkeeping requirements on either small or large Florida tangerine 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. In addition, as noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the committee's meeting was widely publicized throughout the citrus industry and all interested persons were invited to attend the meeting and participate in the committee's deliberations. Like all committee meetings, the May 22, 2002, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. An interim final rule concerning this action was published in the **Federal Register** on July 23, 2002. Copies of the rule were mailed or sent via facsimile to all Committee members and handlers. In addition, the rule was made available through the Internet by the Office of the Federal Register and USDA. That rule provided for a 60-day comment period which ended September 23, 2002. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the committee's recommendation, and other information, it is found that finalizing the interim final rule, without change, as published in the **Federal Register** (67 FR 48015, July 23, 2002) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA Accordingly, the interim final rule amending 7 CFR part 905 which was published at 67 FR 48015 on July 23, 2002, is adopted as a final rule without change. Dated: October 28, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-27764 Filed 10-31-02; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
- 7 CFR 905
- 7 USC 601-674
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