Unknown. Interim final rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-07-31.xml --- 68 147 Thursday, July 31, 2003 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agency Agency for Healthcare Research and Quality NOTICES Medicare and Medicaid: Hospital consumer assessment of health plans survey; volunteer test sites request, 44951-44953 03-19462 Meetings: Heathcare Research and Quality Technical Review Committee, 44953-44954 03-19539 Agricultural Agricultural Marketing Service RULES Raisins produced from grapes grown in California Reserve raisins intended for use as cattle feed; additional storage payment reduction, 44857-44859 03-19492 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Forest Service Army Army Department NOTICES Environmental statements; availability, etc.:

Fort Polk, LA; force transformation and mission capability enhancements, 44929-44930 03-19477 Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 44954 03-19480 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Head Start programs— Hispanic/Latino children and their families; correction, 44990 C3-18166 Historically Black Colleges and Universities; correction, 44954 03-19456 Coast Guard Coast Guard RULES Anchorage regulations:

Maine, 44886-44888 03-19372 Ports and waterways safety: Lake Michigan, Navy Pier, Chicago, IL; 2003 Tall Ships Challenge and Parade of Ships; regulated navigation area, 44890-44892 03-19542 Lake Washington, Seattle, WA; safety zone, 44888-44890 03-19525 Regattas and marine parades: Defender's Day Celebration fireworks display, 44884 03-19497 Point Pleasant OPA/NJ Offshore Grand Prix, 44884-44886 03-19498 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Council Council on Environmental Quality NOTICES Meetings:

Energy Project Streamlining, White House Task Force, 44950 03-19471 Defense Defense Department See Army Department See Navy Department RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program— Deductibles waiver, prime enrollment period clarification, and enrollment in TRICARE Prime Remote for active duty family members, 44882-44884 03-19453 Nonavailability statement, referral authorization requirements, and specialized treatment services program elimination, 44878-44882 03-19452 NOTICES Environmental statements; availability, etc.:

Missile Defense Agency; Ground-Based Midcourse Defense Extended Test Range; correction, 44928 03-19451 Meetings: Science Board, 44928-44929 03-19450 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Air programs: Accidental release prevention requirements; risk management program requirements; submission schedule and data requirements, 45123-45132 03-19281 Outer Continental Shelf regulations— California; consistency update, 44914-44918 03-19283 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44945-44949 03-19501 03-19502 03-19503 Toxic and hazardous substances control:

Chemical testing— Data receipt, 44949-44950 03-19500 Environment Environmental Quality Council See Council on Environmental Quality Executive Executive Office of the President See Council on Environmental Quality See Management and Budget Office See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER), 44871-44874 03-19055 Airworthiness standards: Transport category airplanes— Thermal/acoustic insulation materials; improved flammability standards, 45045-45084 03-18612 Class E5 airspace, 44874-44875 03-19406 Class E airspace, 44875-44876 03-19408 PROPOSED RULES Airworthiness directives:

Rolls-Royce plc, 44902-44904 03-19482 NOTICES Agency information collection activities; submissions, proposals, and approvals, 44985 03-19526 Environmental statements; availability, etc.: Fort Polk, LA; force transformation and mission capability enhancements, 44929-44930 03-19477 Passenger facility charges; applications, etc.: Mahlon Sweet Field, OR, 44986 03-19529 Reports and guidance documents; availability, etc.: Part 23 airplanes; equipment, systems, and installations; hazardous misleading heading information, 44986 03-19528 FBI Federal Bureau of Investigation NOTICES Agency information collection activities; proposals, submissions, and approvals, 44969 03-19467 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 44930-44931 03-19385 Electric rate and corporate regulation filings:

American Electric Power Co. et al., 44937-44939 03-19381 Environmental statements; availability, etc.: Lake Dorothy Hydro, Inc., 44939 03-19388 Safe Harbor Water Power Corp., 44940 03-19386 Hydroelectric applications, 44940-44945 03-19387 03-19391 03-19392 *Applications, hearings, determinations, etc.:* Calpine Corp. et al., 44931-44932 03-19379 CenterPoint Energy Gas Transmission Co., 44932-44933 03-19380 CenterPoint Energy-Mississippi River Transmission Corp., 44932 03-19395 Columbia Gulf Transmission Co., 44933 03-19393 Dominion Cove Point LNG, LP, 44933-44934 03-19377 Dominion Transmission, Inc., 44934 03-19396 Gulfstream Natural Gas System, L.L.C., 44934 03-19394 Northeast Utilities Service Co. et al., 44935 03-19383 North Hartland, LLC, 44934-44935 03-19382 Northwest Pipeline Corp., 44935-44936 03-19378 Southern Star Central Gas Pipeline, Inc., 44936-44937 03-19384 03-19398 Wisconsin Gas Co., 44937 03-19397 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 44950-44951 03-19461 FTC Federal Trade Commission RULES Telemarketing sales rule: National Do-Not-Call Registry; user fees, 45133-45144 03-19568 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 44961-44965 03-19490 03-19491 Comprehensive conservation plans; availability, etc.: Mark Twain National Wildlife Refuge Complex, IA, IL, and MO, 44965 03-19484 Grants and cooperative agreements; availability, etc.:

North American Wetlands Conservation Act— Small Grants Program, 44965-44966 03-19523 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor name and address changes— Schering-Plough Animal Health Corp., 44878 03-19445 NOTICES Human drugs: Patent extension; regulatory review period determinations— BENICAR, 44954-44955 03-19446 Meetings: Anesthetic and Life Support Drugs Advisory Committee, 44955-44956 03-19506 Food Advisory Committee, 44956 03-19448 Food Food Safety and Inspection Service RULES Pizza with meat or sausage identity standards; elimination, 44859-44870 03-19505 Forest Forest Service NOTICES Environmental statements; availability, etc.:

Fort Polk, LA; force transformation and mission capability enhancements, 44929-44930 03-19477 Environmental statements; notice of intent: Salmon-Challis National Forest, ID, 44919-44920 03-19481 Meetings: Klamath Provincial Advisory Committee, 44920-44921 03-19476 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Health Care Policy and Research Special Emphasis Panel, 44951 03-19463 Organization, functions, and authority delegations: Administrator, Health Resources and Services Administration, 44951 03-19513 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44956-44958 03-19444 03-19447 Grants and cooperative agreements; availability, etc.: Rural Health Network Development Planning Program, 44958-44960 03-19443 Historic Historic Preservation, Advisory Council NOTICES Meetings, 44919 03-19468 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office NOTICES Meetings:

Blackstone River Valley National Heritage Corridor Commission, 44961 03-19483 IRS Internal Revenue Service PROPOSED RULES Income taxes: Low-income housing tax credit; section 42 carryover and stacking rule amendments Hearing, 44904-44905 03-19538 Procedure and administration: Designated or related summonses; effect on period of limitations, etc., 44905-44909 03-19537 International International Trade Administration NOTICES Antidumping: Persulfates from— China, 44921-44924 03-19516 Polychloroprene rubber from— Japan, 44924-44925 03-19515 International International Trade Commission NOTICES Import investigations:

Display controllers and products containing same, 44967 03-19437 Justice Justice Department See Federal Bureau of Investigation See Justice Programs Office NOTICES Pollution control; consent judgments: Icicle Seafoods, Inc., 44967-44968 03-19438 South Haven Sewer Works, Inc., 44968 03-19439 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44969-44970 03-19449 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Upper Columbia-Salmon Clearwater District, 44966-44967 03-19479 Management Management and Budget Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 44974-44975 03-19510 03-19511 Merit Merit Systems Protection Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 44971-44972 03-19454 Minerals Minerals Management Service PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations:

Incident reporting requirements, 44910 03-19459 Meeting, 44909 03-19458 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-19531 44972-44973 03-19534 03-19535 Patent licenses; non-exclusive, exclusive, or partially exclusive: Schaffer Test Products, Inc., 44973 03-19536 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Multifunction school activity bus; definition, 44892-44901 03-19457 NOTICES Motor vehicle safety standards:

Nonconforming vehicles— Importation eligibility; determinations, 44986-44987 03-19524 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— New England Fishery Management Council; meetings, 44918 03-19519 NOTICES Environmental statements; notice of intent: Western North Atlantic coast; bottlenose dolphin; take reduction plan, 44925-44926 03-19521 Meetings: New England Fishery Management Council, 44926 03-19518 North Pacific Fishery Management Council, 44926-44927 03-19517 Permits:

Exempted fishing, 44927-44928 03-19520 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 44930 03-19499 Nuclear Nuclear Regulatory Commission RULES Nuclear equipment and material; export and import: Major nuclear reactor components; general import license, 44870 03-19489 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44973-44974 03-19488 Reports and guidance documents; availability, etc.: Yucca Mountain, NV; review plan and final report, 45085-45122 03-19321 Occupational Occupational Safety and Health Administration NOTICES Committees; establishment, renewal, termination, etc.:

Occupational Safety and Health Maritime Advisory Committee, 44970-44971 03-19514 Office Office of Management and Budget See Management and Budget Office Personnel Personnel Management Office PROPOSED RULES Competitive service and status; regulatory review, 44902 03-19470 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44975-44976 03-19469 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Death of Bob Hope (Proc. 7694), 45145-45147 03-19674 EXECUTIVE ORDERS Homeland security; delegation of Presidential functions (EO 13311), 45149-45150 03-19675 Rough diamonds; prohibition on importation under the Clean Diamond Trade Act (EO 13312), 45151-45152 03-19676 ADMINISTRATIVE ORDERS Government agencies and employees:

Office of Personnel Management; delegation of authority (Memo. of July 8), 45153-45155 03-19706 Research Research and Special Programs Administration RULES Hazardous materials: Hazardous materials transportation— Harmonization with UN recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's technical instructions, 44991-45043 03-19016 SEC Securities and Exchange Commission RULES Electronic Data Gathering, Analysis, and Retrieval System (EDGAR):

Filer Manual; update adoption and incorporation by reference, 44876-44878 03-19087 NOTICES Agency information collection activities; proposals, submissions, and approvals, 44976 03-19493 Investment Company Act of 1940: Deregistration applications— Nuveen Municipal Money Market Fund, Inc., et al., 44976-44977 03-19472 Meetings; Sunshine Act, 44977-44978 03-19614 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 44978-44980 03-19473 National Association of Securities Dealers, Inc., 44980-44984 03-19494 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44984-44985 03-19464 Disaster loan areas:

Nebraska, 44985 03-19465 Texas, 44985 03-19466 Substance Substance Abuse and Mental Health Services Administration NOTICES Grant and cooperative agreement awards: Ohio Alcohol and Drug Addictions Service Department, 44960-44961 03-19507 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: West Virginia, 44910-44913 03-19436 Surface Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 44987-44988 03-19434 03-19435 03-19496 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department PROPOSED RULES Medical benefits:

Sensori-neural aids; extension to Purple Heart recipients, 44913-44914 03-19441 NOTICES Real property; enhanced-use leases: Syracuse, NY; Veterans Affairs Department Medical Center, 44988-44989 03-19442 Separate Parts In This Issue Part II Transportation Department, Research and Special Programs Administration, 44991-45043 03-19016 Part III Transportation Department, Federal Aviation Administration, 45045-45084 03-18612 Part IV Nuclear Regulatory Commission, 45085-45122 03-19321 Part V Environmental Protection Agency, 45123-45132 03-19281 Part VI Federal Trade Commission, 45133-45144 03-19568 Part VII Executive Office of the President, Presidential Documents, 45145-45147, 45149-45152 03-19674 03-19675 03-19676 Part VIII Executive Office of the President, Presidential Documents, 45153-45155 03-19706 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. 68 147 Thursday, July 31, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Docket No. FV03-989-7 IFR] Raisins Produced From Grapes Grown in California; Reduction in Additional Storage Payments Regarding Reserve Raisins Intended for Use as Cattle Feed AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule reduces the additional holding and storage payments regarding 2002 Natural (sun-dried) Seedless reserve raisins that are carried into the 2003 crop year and intended for use as cattle feed. The crop year runs from August 1 through July 31. Such payments are authorized under the Federal marketing order for California raisins (order). The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative Committee (RAC).

This action will reduce expenses incurred by the 2002 reserve pool and thereby help improve returns to 2002 equity holders, primarily raisin producers. DATES: Effective August 1, 2003. Comments received by September 29, 2003, will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237;

Fax:

(202)720-8938, or E-mail: *moab.docketclerk@usda.gov.* All comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.ams.usda.gov/fv/moab.html.* FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior 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, 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 and Order No. 989 (7 CFR part 989), both as amended, regulating the handling of raisins produced from grapes 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

(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, 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. This rule reduces the additional holding and storage payments regarding 2002 NS reserve raisins that are carried into the 2003 crop year and intended for use as cattle feed. The crop year runs from August 1 through July 31. Under the order, handlers are compensated for receiving, storing, fumigating, and handling reserve tonnage raisins acquired during a crop year. The order also authorizes additional payments for reserve raisins held beyond the crop year of acquisition. The RAC met on July 2, 2003, and unanimously recommended that additional payments for reserve raisins intended for use as cattle feed accrue beginning September 13, 2003, rather than August 1, 2003. This action will reduce expenses incurred by the 2002 reserve pool and thereby help improve returns to 2002 equity holders, primarily raisin producers. Volume Regulation Provisions The order provides authority for volume regulation designed to promote orderly marketing conditions, stabilize prices and supplies, and improve producer returns. When volume regulation is in effect, a certain percentage of the California raisin crop may be sold by handlers to any market (free tonnage) while the remaining percentage must be held by handlers in a reserve pool (reserve) for the account of the RAC. Reserve raisins are disposed of through various programs authorized under the order. For example, reserve raisins may be sold by the RAC to handlers for free use or to replace part of the free tonnage they exported; carried over as a hedge against a short crop the following year; or may be disposed of in other outlets not competitive with those for free tonnage raisins, such as government purchase, distilleries, or animal feed. Net proceeds from sales of reserve raisins are ultimately distributed to the reserve pool's equity holders, primarily producers. Costs Regarding Holding and Storage of Reserve Raisins Section 989.66(f) of the order specifies that handlers be compensated for receiving, storing, fumigating, and handling that tonnage of reserve raisins determined by the reserve percentage of a crop year and held by them for the account of the RAC, in accordance with a schedule of payments established by the RAC and approved by the Secretary. Further, the RAC must pay rent to producers or handlers for boxes used in storing reserve raisins held beyond the crop year of acquisition. As previously mentioned, the crop year runs from August 1 through July 31. Section 989.401(b) of the order's rules and regulations specifies additional payments to handlers for storing, handling, and fumigating reserve raisins held beyond the crop year of acquisition. Specifically, handlers must be compensated for such raisins at a rate of $2.30 per ton for the first 3 months (August through October), and at a rate of $1.18 per ton per month for the remaining 9 months (November through July). Section 989.401(c) specifies further payment of rental on boxes and bins containing raisins held beyond the crop year of acquisition. Specifically, persons who furnish boxes or bins used for storing reserve raisins held for the account of the RAC on August 1 are compensated for the use of such containers as follows: For boxes, 2 1/2 cents per day, not to exceed a total payment of $1.00 per box per year, per average net weight of raisins in a sweatbox, with equivalent rates for raisins in boxes other than sweatboxes; and for bins, 20 cents per day per bin, not to exceed a total of $10.00 per bin per year. Disposal Program Pursuant to § 989.67(b) of the order, the RAC is implementing a program to dispose of 40,000 tons of 2002 NS reserve raisins for use as cattle feed. The tonnage is stored at handler facilities and will be adulterated to ensure that the raisins remain in non-commercial channels. The program is intended to help the industry reduce its burdensome oversupply of raisins. It will also help make available bins for storing raisins during the new crop year, which begins August 1, 2003. Barring unforeseen circumstances, reserve tonnage intended for use as cattle feed should be removed from handler premises by mid-September 2003. RAC Recommendation The RAC met on July 2, 2003, and unanimously recommended reducing the additional holding and storage payments regarding 2002 NS reserve raisins held by handlers on August 1, 2003, and intended for use as cattle feed. Specifically, additional payments for such raisins will accrue beginning September 13, 2003, rather than August 1, 2003. Thus, additional costs will only be incurred for such tonnage that remains at handler premises after September 12, 2003. Payments for storing and holding reserve raisins are deducted from reserve pool proceeds, and net proceeds are ultimately distributed to equity holders. Thus, reducing the expenses for 2002 NS reserve tonnage intended for use as cattle feed will help improve returns to 2002 equity holders. Initial 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 initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 20 handlers of California raisins who are subject to regulation under the order and approximately 4,500 raisin producers in the regulated area. Small agricultural service firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $5,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. Thirteen of the 20 handlers subject to regulation have annual sales estimated to be at least $5,000,000, and the remaining 7 handlers have sales less than $5,000,000. No more than 7 handlers, and a majority of producers, of California raisins may be classified as small entities. This rule reduces the additional holding and storage payments specified in paragraphs

(b)and

(c)of § 989.401 regarding 2002 NS reserve raisins that are intended for use as cattle feed. Specifically, additional payments for such raisins will accrue beginning September 13, 2003, rather than August 1, 2003. Under the order, handlers are compensated for receiving, storing, fumigating, and handling reserve tonnage raisins acquired during a crop year. The order also authorizes additional holding and storage payments for reserve raisins held beyond the crop year of acquisition. This action reduces these additional payments for 2002 NS reserve raisins held by handlers on August 1, 2003, that are intended for use as cattle feed. Authority for this action is provided in § 989.66(f) of the order. Regarding the impact of this rule on affected entities, handlers and producers, the order provides that handlers store reserve raisins for the account of the RAC. Net proceeds from sales of such reserve raisins are distributed to the reserve pool's equity holders, primarily producers. Handlers are compensated from reserve pool funds for their costs in receiving, storing, fumigating, and handling reserve raisins during the crop year of acquisition and for the subsequent crop year. Compensation is also paid for the use of bins and boxes for storing reserve raisins held beyond the crop year of acquisition. Under the disposal program, it is estimated that about 22,500 tons of reserve raisins will remain at handler premises after August 1, 2003. If 634 tons were removed per day, costs to store, handle, and fumigate the tonnage at the current rate of $2.30 per day between August 1 and September 12, 2003, would be $59,133.00. Bin-rental costs for the same period at the current rate of $0.20 per day per bin would be $161,966.00. Thus, the RAC would incur an estimated $221,000 for holding and storing 2002 reserve raisins that are intended for use as cattle feed between August 1 and September 12, 2003. This rule will reduce these costs to zero and thereby reduce expenses incurred by the 2002 NS reserve pool. Handlers, however, will not be compensated this amount for holding and storing this tonnage. Regarding alternatives to this action, one option would be to maintain the status quo and have the 2002 reserve pool incur these costs. However, this would not help to improve returns to 2002 equity holders. Another alternative would be to reduce the payments for the period August 1 through September 12, 2003, to figures lower than those currently specified in § 989.401. However, all RAC members supported reducing the additional holding and storage payments for 2002 reserve raisins intended for use as cattle feed so that such payments will accrue beginning September 13, 2003, rather than August 1, 2003. This rule imposes no additional reporting or recordkeeping requirements on either small or large raisin 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. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the RAC's Administrative Issues Subcommittee and RAC meetings on July 2, 2003, where this action was deliberated were both public meetings widely publicized throughout the raisin industry. All interested persons were invited to attend the meetings and participate in the industry's deliberations. Finally, all interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. 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. A 60-day comment period is invited to allow interested persons to respond to this rule. All written comments timely received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the information and recommendation submitted by the RAC and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)This action needs to be in place by August 1, 2003, so that additional payments regarding reserve raisins held by handlers on August 1, 2003, and intended for cattle feed will be incurred beginning September 13, 2003, rather than August 1 2003;

(2)handlers and producers are aware of this action which was recommended by the RAC at a public meeting;

(3)the action was recommended by a unanimous vote of the RAC; and

(4)this interim final rule provides a 60-day comment period for written comments and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 989 Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 989 is amended as follows: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 989.401, paragraphs

(b)and

(c)are revised to read as follows: § 989.401 Payments for services performed with respect to reserve tonnage raisins.

(b)*Additional payment for reserve tonnage raisins held beyond the crop year of acquisition.* Additional payment for reserve tonnage raisins held beyond the crop year of acquisition shall be made in accordance with this paragraph. Each handler holding such raisins for the account of the Committee on August 1 shall be compensated for storing, handling, and fumigating such raisins at the rate of $2.30 per ton per month, or any part thereof, between August 1 and October 31, and at the rate of $1.18 per ton per month, or any part thereof, between November 1 and July 31: *Provided,* That handlers holding 2002-03 Natural (sun-dried) Seedless reserve raisins on August 1, 2003, that are intended for use as cattle feed shall be compensated for storing, handling, and fumigating such raisins at the rate of $2.30 per ton per month, or any part thereof, between September 13 and October 31, 2003, and at the rate of $1.18 per ton per month, or any part thereof, between November 1, 2003, and July 31, 2004. Such services shall be completed so that the Committee is assured that the raisins are maintained in good condition.

(c)*Payment of rental on boxes and bins containing raisins held beyond the crop year of acquisition.* Payment of rental on boxes and bins containing reserve tonnage raisins held beyond the crop year of acquisition shall be made in accordance with this paragraph. Each handler, producer, dehydrator, and other person who furnishes boxes or bins in which such raisins are held for the account of the Committee on August 1, shall be compensated for the use of such boxes and bins: *Provided,* That persons holding 2002-03 Natural (sun-dried) Seedless reserve raisins on September 13, 2003, that are intended for use as cattle feed shall be compensated for the use of such boxes and bins, and that no compensation shall be accrued for such raisins held between August 1 and September 12, 2003. The rate of compensation shall be: For boxes, two and one-half cents per day, not to exceed a total payment of $1 per box per year, per average net weight of raisins in a sweatbox, with equivalent rates for raisins in boxes other than sweatboxes; and for bins 20 cents per day per bin, not to exceed a total of $10 per bin per year. For purposes of this paragraph, *box* means any container with a capacity of less than 1,000 pounds, and *bin* means any container with a capacity of 1,000 pounds or more. The average net weight of raisins in each type of box shall be the industry average as computed by the Committee for the box in which the raisins are so held. No further compensation shall be paid unless the raisins are so held in the boxes on the succeeding August 1. Dated: July 25, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 03-19492 Filed 7-28-03; 1:04 pm]

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