Unknown. Final rule
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/register/2003/10/07/03-25312·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-2003-10-07.xml --- 68 194 Tuesday, October 7, 2003 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: Federal Assistance Funding Book, 57991-58004 03-25240 Agricultural Agricultural Marketing Service RULES Prunes (dried) produced in— California, 57783-57785 03-25312 NOTICES Grants and cooperative agreements; availability, etc.: Organic Certification Cost Share Program, 57863 03-25458 Meetings:
National Organic Standards Board, 57863-57864 03-25311 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Alcohol; viticultural area designations: Chehalem Mountains, WA and OR, 57840-57845 03-25372 Yamhill-Carlton District, OR, 57845-57850 03-25373 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:
Federal Assistance Funding Book, 57991-58004 03-25240 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 57866-57867 03-25564 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Washington, 57867 03-25395 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Senior Executive Service:
Performance Review Board; membership, 57867 03-25380 Consumer Consumer Product Safety Commission RULES Organization, functions, and authority delegations: National Injury Information Clearinghouse; transfer from Epidemiology Directorate to Office of Secretary, 57799 03-25297 Copyright Copyright Office, Library of Congress RULES Copyright Arbitration Royalty Panel rules and procedures: Digital performance of sound recordings by preexisting subscription services; reasonable rates and terms determination Technical amendment, 57814-57815 03-25381 Drug Drug Enforcement Administration RULES Methamphetamine Anti-Proliferation Act; implementation:
Retailers and distributors; threshold and mail order reporting requirements, 57799-57804 03-25100 NOTICES Applications, hearings, and determinations, etc.: Cayman Chemical Co., 57928 03-25310 *Applications, hearings, determinations, etc.:* AccuStandard, Inc., 57928-57929 03-25308 CellTech Manufacturing CA., Inc., 57929 03-25408 National Center for Natural Products Research-NIDA MProject, University of Mississippi, 57929 03-25309 Noramco, Inc., 57929-57930 03-25409 Varian Inc., 57930 03-25407 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57931-57932 03-25376 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs:
Fuels and fuel additives— Reformulated gasoline, anti-dumping, and tier 2 gasoline sulfur control programs; alternative analytical test methods use, 57815-57820 03-25133 Air quality planning purposes; designation of areas: California, 57820-57824 03-25136 Solid wastes: Municipal solid waste landfill permit program— Virginia, 57824-57825 03-25398 PROPOSED RULES Air programs: Fuels and fuel additives— Reformulated gasoline, anti-dumping, and tier 2 gasoline sulfur control programs; alternative analytical test methods use, 57851-57855 03-25134 Disadvantaged Business Enterprise Program; participation by businesses in procurement under financial assistance agreements Public hearings, 57850-57851 03-25400 Solid wastes:
Municipal solid waste landfill permit program— Virginia, 57855 03-25399 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 57855-57856 03-25402 NOTICES Meetings: Clean Air Compliance Analysis Advisory Council, 57890-57891 03-25404 Science Advisory Board, 57891-57892 03-25403 State and Tribal Toxics Action Forum, 57892-57894 03-25405 Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 57894 03-25556 FCC Federal Communications Commission RULES Common carrier services, etc.:
Competitive bidding procedures Correction, 57828-57829 03-25245 Digital television stations; table of assignments: Mississippi, 57829 03-25333 PROPOSED RULES Digital television stations; table of assignments: New York, 57861-57862 03-25334 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57894-57896 03-25301 03-25302 Common carrier services: Wireless telecommunications services— Multichannel Video Distribution and Data Services; licenses auction; notice and filing requirements, etc., 57896-57908 03-25199 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 57908-57909 03-25375 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:
Florida, 57828 03-25344 Washington, 57825-57828 03-25345 PROPOSED RULES Flood elevation determinations: Various States, 57856-57861 03-25346 NOTICES Disaster and emergency areas: Delaware, 57914-57915 03-25348 03-25363 District of Columbia, 57915 03-25347 Indiana, 57915 03-25353 Michigan, 57916 03-25352 New Jersey, 57916-57917 03-25351 North Carolina, 03-25355 57917-57918 03-25356 03-25357 Ohio, 57918 03-25350 Virginia, 57918-57919 03-25358 03-25359 West Virginia, 57919-57920 03-25349 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:
Midwest Independent Transmission System Operator, Inc., et al., 57888-57889 E3-00007 Meetings: Open access transmission service and standard electricity market design; remedying undue discrimination; technical conferences, 57889-57890 E3-00004 Pelton Round Butte Hydroelectric Project; settlement process, 57890 E3-00005 *Applications, hearings, determinations, etc.:* El Paso Natural Gas Co., 57887-57888 E3-00006 Federal Reserve Federal Reserve System RULES Depository institutions; reserve requirements (Regulation D):
Low reserve tranche, reserve requirement exemption, and deposit reporting cutoff level; annual indexing, 57788-57790 03-25318 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 57909 03-25319 Fish Fish and Wildlife Service RULES Endangered and threatened species: Hoover's woolly-star, 57829-57837 03-25364 NOTICES Environmental statements; availability, etc.: Incidental take permits— California; Western Riverside County Multiple Species Habitat Conversation Plan, 57924-57926 03-25313 Food Food and Drug Administration RULES Food additives:
Olestra Correction, 57957, 57799 C3-19509 03-25198 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57909-57911 03-25304 Animal drugs, feeds, and related products: Bacitracin, etc.; antibiotic new products and use combinations subject to listing in new animal drug regulations; drug efficacy study implementation Correction, 57911-57912 03-25343 Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Florida General Electric Wind Energy & Energy Rentals; wind turbine manufacturing plant, 57868 03-25388 Forest Forest Service NOTICES Appealable decisions; legal notice:
Intermountain Region, 57864-57866 03-25327 Meetings: Resource Advisory Committees— North Gifford Pinchot National Forest, 57866 03-25326 General General Services Administration RULES Nondiscrimination on basis of race, color, national origin, handicap, or age in federally assisted programs or activities Correction[ **Editorial Note** : This document, published at 68 FR 55730 in the **Federal Register** of Monday, October 6, 2003, was inadvertently listed under Labor Department in that issue's table of contents.] Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Meetings:
National Infrastructure Advisory Council, 57914 03-25516 Housing Housing and Urban Development Department RULES Public and Indian housing: Housing Choice Voucher Program— Homeownership option; eligibility of public housing agency-owned or controlled units; correction, 57804-57805 03-25325 PROPOSED RULES Mortgage and loan insurance programs: Single family mortgage insurance— National Housing Act; up-front mortgage insurance premiums, 58005-58007 03-25214 NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-25321 57920-57922 03-25322 03-25323 Mortgage and loan insurance programs:
FHA multifamily mortgage insurance premiums; reduction, 57922-57923 03-25324 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Skull Valley Goshute Tekoi Balefield Landfill Project, UT, 57926-57927 03-25320 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Pirasteh, Reza Moghadam, 57868-57869 03-25390 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 57923-57924 03-25406 IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 57953-57955 03-25391 03-25392 03-25393 International International Trade Administration NOTICES Antidumping:
Foundry coke— China, 57869-57875 03-25384 Natural bristle paintbrushes and brush heads from— China, 57875-57876 03-25385 Petroleum wax candles from— China, 57876-57877 03-25383 Preserved mushrooms from— China, 57877-57879 03-25387 Stainless steel wire rod from— Korea, 57879-57883 03-25386 Steel concrete reinforcing bar from— Korea, 57883-57887 03-25382 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57930-57931 03-25377 Land Land Management Bureau NOTICES Meetings:
Resource Advisory Councils— Southeast Oregon, 57927 03-25329 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Tito Coal et al., 57932-57933 03-25410 National National Council on Disability NOTICES Meetings; Sunshine Act, 57933 03-25498 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Combined Arts Advisory Panel, 57933-57934 03-25332 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 57837-57838 03-25354 NOTICES Meetings: Pacific Fishery Management Council, 57887 03-25374 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 57785-57788 03-25366 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 57839-57840 03-25367 NOTICES Export and import license applications for nuclear facilities and materials:
Philotechnics, Ltd., 57934 03-25365 Meetings; Sunshine Act, 57934-57935 03-25489 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 57935 03-25554 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-25314 57935-57937 03-25315 03-25316 03-25317 Investment Company Act of 1940: Exemption applications— Putnam American Government Income Fund et al., 57937-57941 03-25337 Order applications— WNC Housing Tax Credit Fund VI, L.P., et al., 57941-57943 03-25338 Self-regulatory organizations; proposed rule changes:
American Stock Exchange LLC, 57943-57945 03-25339 National Association of Securities Dealers, Inc., 57945-57947 03-25340 03-25342 New York Stock Exchange, Inc., 57947-57949 03-25341 SBA Small Business Administration RULES Business loans: Certified Development Company Loan Program, 57959-57989 03-24860 NOTICES Disaster loan areas: District of Columbia, 57949 03-25371 Maryland, 57949 03-25370 North Carolina, 57949-57950 03-25369 Pennsylvania, 57950 03-25368 Social Social Security Administration NOTICES Grants and cooperative agreements; availability, etc.:
Supplemental security income— Youth Transition Process Demonstration Project, 57950-57953 03-25194 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 57912-57914 03-25328 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Pennsylvania, 57805-57814 03-25300 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57927-57928 03-25299 Thrift Thrift Supervision Office RULES Savings associations:
Transactions with affiliates, 57790-57799 03-25217 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 57953 03-25379 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 57955-57956 03-25331 Separate Parts In This Issue Part II Small Business Administration, 57959-57989 03-24860 Part III Health and Human Services Department, Agency for Toxic Substances and Disease Registry;
Health and Human Services Department, Centers for Disease Control and Prevention, 57991-58004 03-25240 Part IV Housing and Urban Development Department, 58005-58007 03-25214 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. 68 194 Tuesday, October 7, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 993 [Docket No.
FV03-993-2 FIR] Dried Prunes Produced in California; Temporary Suspension of the Prune Reserve and the Voluntary Producer Prune Plum Diversion Provisions 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 suspending the prune reserve and the voluntary producer prune plum diversion provisions in the California Dried Prune Marketing Order (order) and the administrative rules and regulations related to volume control restrictions for a five-year period. The order regulates the handling of dried prunes produced in California and is administered locally by the Prune Marketing Committee (PMC). Suspension of these provisions ensures that volume control restrictions will not be implemented under the order. During the five-year suspension period, the industry will have the opportunity to determine whether these provisions should be modified, terminated, or continue unchanged. In the absence of additional rulemaking to modify or terminate these provisions, they will come back into effect automatically at the end of the five-year period. EFFECTIVE DATE: November 6, 2003. FOR FURTHER INFORMATION CONTACT: Richard P. Van Diest, 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, or 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. 993 (7 CFR part 993), both as amended, regulating the handling of dried prunes produced 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.” 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. This rule continues in effect the suspension for five years of all provisions in the order and administrative rules and regulations concerning the prune reserve and voluntary producer prune plum diversion. This action was unanimously recommended by the PMC. This rule will continue to ensure that reserve percentages are not established, and that a prune plum diversion program is not implemented pursuant to these provisions. During the five-year suspension period, the industry will have the opportunity to determine whether these provisions should be modified, terminated, or remain unchanged. Marketing Order Authority To Suspend Section 993.90(a) states in part: “The Secretary shall terminate or suspend the operation of any or all of the provisions of this subpart, whenever he/she finds that such provisions do not tend to effectuate the declared policy of the act.” Volume Regulation Provisions Section 993.54 of the order provides authority for volume regulation through establishing salable and reserve percentages of prunes received by handlers (prune reserve). When the prune reserve is in effect, the salable percentage of the California prune crop may be sold to any market while the reserve percentage must be held by the handlers for the account of the PMC. Reserve prunes may be sold to meet either domestic or foreign trade demand or for use in outlets noncompetitive with normal outlets for salable prunes. Net proceeds from sales of reserve prunes are ultimately distributed to producers. The prune reserve is designed to promote orderly marketing conditions, stabilize prices and supplies, and improve producer returns. Voluntary Prune Plum Diversion Program Section 993.62 of the order authorizes a producer diversion program, which prune producers may use when a prune reserve is implemented. Section 993.162 of the administrative rules and regulations specifies implementing procedures. Under the producer diversion program, any prune producer may divert prune plums of his own production for eligible purposes and receive a diversion certificate from the PMC. The certificate may be submitted to any handler in lieu of reserve prunes and the handler may apply the quantity represented by the certificate towards his reserve obligation. Participation in this program reduces a producer's expenses to convert prune plums into dried prunes that will ultimately be placed in a relatively low value prune reserve. Background and Action Taken The prune reserve was last implemented in 1974 and the producer diversion program was last used in 1971. These programs were controversial in the 1970's and have become increasingly so since then. Some of the independent prune handlers who are also prune producers now oppose any regulatory marketing restrictions because they want to sell all of the prunes they have produced. If additional tonnage were needed, such handlers would buy prunes from other producers to meet their market demand. In addition, if a prune reserve is implemented, it may require these handlers to contract for additional tonnage in order to meet their reserve obligation. Recently in 2001, when the PMC recommended using supply control techniques, some of the independent handlers and producers opposed the use of these programs. Ultimately, the supply control programs were not implemented at that time. Also, some in the industry do not support the use of these supply control provisions because the industry has successfully reduced crop sizes through other means. Through industry and USDA funded tree pull programs, the industry has removed over 18,000 acres of prune plum trees; thus reducing the annual prune production by at least 27,000 tons of prunes over the five-year suspension period. During the five-year suspension period, the industry will have the opportunity to either recommend that these provisions be terminated through rulemaking procedures, or recommend modifications to the provisions to make them more acceptable to all segments of the industry. In the interim, the suspension of these provisions continues to ensure that these provisions are not implemented. In the absence of any additional action, the provisions will automatically come back into effect at the end of the five-year suspension period. The PMC unanimously recommended this action at an April 3, 2003, meeting. This rule continues to suspend §§ 993.21d, 993.36(i), 993.54, 993.55, 993.56, 993.57, 993.58, 993.59, 993.62, and 993.65 of the order, and §§ 993.156, 993.157, 993.158, 993.159, 993.162, 993.165 and 993.172(e) of the administrative rules and regulations in effect under the order. Portions of §§ 993.33 and 993.41(b) of the order and portions of §§ 993.173(a)(6), 993.173(b)(3), and 993.173(c)(1) of the administrative rules and regulations continue to be suspended. These sections of the order and administrative rules and regulations pertain to the various requirements of the prune reserve and producer diversion programs. 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 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. Industry Profile There are approximately 1,205 producers of dried prunes in the production area and approximately 21 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 of less than $750,000, and small agricultural service firms are defined as those having annual receipts of less than $5,000,000. Eight of the 21 handlers (38 percent) shipped over $5,000,000 worth of dried prunes and could be considered large handlers by the Small Business Administration. Thirteen of the 21 handlers (62 percent) shipped less than $5,000,000 worth of dried prunes and could be considered small handlers. An estimated 32 producers, or less than 3 percent of the 1,205 total producers, would be considered large growers with annual incomes over $750,000. The majority of handlers and producers of California dried prunes may be classified as small entities. Summary of Rule Change This rule continues to suspend for five years all provisions in the order and administrative rules and regulations concerning the prune reserve and voluntary producer diversion programs. These supply control programs have been and continue to be controversial in the industry. Furthermore, the industry has successfully reduced crop sizes through other means. Through industry and USDA funded tree pull programs, over 18,000 acres of prune plum trees have been removed, reducing production by at least 27,000 tons over the five-year suspension period. This rule continues to ensure that the reserve and diversion volume control programs will not be implemented for the five-year suspension period. Also, during the suspension period, the industry will have the opportunity to determine whether these provisions should be modified, terminated, or remain the same. In the absence of further rulemaking, these provisions will automatically come back into effect at the end of the suspension period. Authority to suspend these provisions of the marketing order and administrative rules and regulations is provided in § 993.90(a) of the order. Impact of Regulation Regarding the impact of this rule on affected entities, this action could reduce the reporting and recordkeeping burden on California prune handlers and producers and reduce some of the PMC's administrative costs. Although the prune reserve and producer diversion programs have not been implemented since the 1970s and handlers and producers have not been required to file reports pertaining to these programs, suspending these provisions continues to reduce the potential reporting burden on handlers and producers. Suspension of the provisions continues to eliminate the possibility of requiring handlers and producers to file reports associated with the programs. It also continues to reduce some of the potential PMC administrative costs of managing these programs. The PMC estimates that 21 California prune handlers are subject to these provisions and to filing reports pertaining to these programs. Also, if a producer diversion program was implemented, it is estimated that as many as 300 producers would file forms applicable to this program. If handlers filed reports under the prune reserve program, their estimated burden would be 57 hours. If growers filed reports under the diversion program, their estimated burden would be 75.58 hours. Thus, there is a potential for reducing the estimated annual burden of 132.58 hours. The benefits of this rule apply to all prune handlers and producers, regardless of their size of operation. The forms applicable to these programs are as follows:
(1)Form PMC 4.1, Reserve Prunes Held—Handler;
(2)Form PMC 4.2, Prune Reserve Tonnage Sales Agreement;
(3)Form PMC 4.5, Certificate of Insurance Coverage;
(4)Form PMC 5.1, Notice of Proposed Intent to Store Reserve Prunes;
(5)Form PMC 8.44, Request for Replacement of Draft;
(6)Form PMC 8.443, Claim for Reserve Pool Proceeds;
(7)Form PMC 9.1, Notification of Desire for Deferment of Reserve Withholding;
(8)Form PMC 10.1, Application for Prune Plum Diversion;
(9)No form number, Proof of Diversion; and
(10)No form number, Notification of Report of Diversion. It should be noted that if the PMC determines this action is having an unfavorable impact on the industry, it could meet and recommend rescinding the suspension. Also, as previously mentioned, the provisions automatically come back into effect at the end of the suspension period. Alternatives Considered The PMC and industry members discussed different alternatives to this action at the PMC's April 3, 2003, meeting. The PMC discussed the possibility of amending the marketing order provisions relating to reserve and producer diversion programs but decided to eliminate the prune reserve and producer diversion provisions from the order and administrative rules and regulations in a more timely fashion. During the suspension, the industry will have the opportunity to consider possible order amendments to the volume control provisions. Another alternative was to terminate the marketing order. Many on the PMC and in the industry deemed termination too drastic an action and preferred to preserve the marketing order and make necessary changes to it to meet current industry needs and to reflect current industry marketing practices. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the applicable forms being suspended by this rule were approved previously by the Office of Management and Budget and assigned OMB No. 0581-0178. 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, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. The PMC's April 3, 2003, meeting where this issue was deliberated was widely publicized throughout the prune industry and all interested persons were invited to attend the meeting and participate in the industry's deliberations. Like all PMC meetings, this meeting was a public meeting and all entities, both large and small, were able to express their views on these issues. An interim final rule concerning this action was published in the **Federal Register** on July 9, 2003. The PMC's staff mailed copies of the rule to all PMC members, alternates, and prune 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 on September 8, 2003. 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 PMC's recommendation, and other information, it is found that finalizing the interim final rule, without change, as published in the **Federal Register** (68 FR 40754, July 9, 2003) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 993 Marketing agreements, Plums, Prunes, Reporting and recordkeeping requirements. PART 993—DRIED PRUNES PRODUCED IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR part 993 which was published at 68 FR 40754 on July 9, 2003, is adopted as a final rule without change. Dated: October 1, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 03-25312 Filed 10-6-03; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
- 7 CFR 993
- 7 USC 601-674
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