Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-10-21.xml --- 68 203 Tuesday, October 21, 2003 Contents Agricultural Agricultural Marketing Service RULES Fresh Bartlett pears grown in— Oregon and Washington, 60025-60028 03-26519 Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Washington State University Research Foundation of Pullman, WA, 60077 03-26522 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Commodity Credit Corporation See Foreign Agricultural Service NOTICES Meetings:

National Agricultural Research, Extension, Education, and Economics Advisory Board, 60076 03-26449 Research, Education, and Economics Task Force, 60076-60077 03-26523 Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 60094-60095 03-26339 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 60116 03-26495 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Indolo [2,1-B]quinazole-6, 12-dione antimalarial compounds and malaria treatment methods, 60095 03-26431 New England Ropes, Inc., 60095 03-26432 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.: Improving Health, Education, and Well-Being of Young People Programs, 60108 03-26473 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60108 03-26513 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Rhode Island, 60078 03-26506 South Dakota, 60078 03-26505 Wyoming, 60078-60079 03-26507 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, 60033-60034 03-26556 Ports and waterways safety: Port of Anchorage, Knik Arm, AK; security zone, 60035-60036 03-26555 Tongass Narrows and Ketchikan, AK; anchorage ground speed limit; safety zone, 60034 03-26554 PROPOSED RULES Marine casualties and investigations: Chemical testing following serious marine incidents, 60073-60074 03-26512 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60110-60111 03-26511 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60079 03-26527 Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 60077 03-26448 Defense Defense Department See Air Force Department See Army Department See Engineers Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 60091-60092 03-26440 03-26441 03-26442 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 03-26443 60093-60094 03-26444 Meetings: Defense Science Board, 60094 03-26491 03-26492 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 60096-60097 03-26452 Employment Employment and Training Administration NOTICES Adjustment assistance: Conso International Corp., 60118 03-26481 Emerson Tool Co., 60118 03-26488 Firestone Tube Co., 60118 03-26485 Fisher Controls, 60118 03-26483 Fishing Vessel (F/V) FAWCETT POINT, 60119 03-26486 General Binding Corp., 60119 03-26484 Great Northern Paper, Inc., 60119 03-26487 Telect, 60119-60120 03-26489 Zawick Manufacturing Co., 60120 03-26482 NAFTA transitional adjustment assistance:

Ameriphone, Inc., 60120 03-26490 Energy Energy Department See Energy Information Administration NOTICES Radiological condition certifications: Ventron Site, Beverly, MA, 60097-60098 03-26517 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60098-60099 03-26518 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Atlantic Coast of Maryland Shoreline Protection Project, 60095-60096 03-26434 Meetings:

Chief of Engineers Environmental Advisory Board, 60096 03-26433 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Oregon, 60036-60042 03-26540 PROPOSED RULES Air quality implementation plans: Preparation, adoption, and submittal— 8-hour ozone national ambient air quality standard; implementation, 60054-60060 03-26537 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Oregon, 60060 03-26541 Hazardous waste program authorizations: Massachusetts, 60060-60073 03-26321 Small Business Liability Relief and Brownfields Revitalization Act; implementation: All Appropriate Inquiry Negotiated Rulemaking Committee— Meetings, 60054 03-26542 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60099-60100 03-26543 Meetings: Clean Air Compliance Analysis Advisory Council, 60100-60101 03-26538 Natural gas supply curves and associated assumption as used in the Integrated Planning Model (IPM); expert peer review panel, 60101 03-26539 Water pollution control:

Clean Water Act— Class II administrative penalty assessments, 60101-60102 03-26545 Crimson Resource management Corp; administrative complaint; civil penalty, 60101 03-26544 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Strategic plan; comment request, 60102 03-26497 FAA Federal Aviation Administration RULES Air carrier certification and operations: DOD commercial air carrier evaluators; credentials Correction, 60031 03-26445 Airworthiness directives:

Cessna, 60028-60030 03-26276 Standard instrument approach procedures, 60030-60031 03-26307 PROPOSED RULES Airworthiness directives: Airbus; correction, 60151 C3-25978 Bombardier, 60047-60049 03-26469 Class E airspace, 60049-60050 03-26560 NOTICES Aeronautical land-use assurance; waivers: Manistee County Blacker Airport, MI, 60144 03-26561 Meetings: Government/Industry Aeronautical Charting Forum, 60144-60145 03-26562 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Arkansas and Texas, 60044-60045 03-26501 California, 60045 03-26502 Colorado and Texas, 60045-60046 03-26503 Texas, 60044 03-26500 Various States, 60043-60044 03-26498 PROPOSED RULES Radio stations; table of assignments: North Dakota, 60074-60075 03-26499 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60103-60104 03-26240 Meetings: Localism Task Force, 60104 03-26617 Media Security and Reliability Council, 60104 03-26504 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale:

Massachusetts and Ohio, 60042-60043 03-26454 Federal Highway Federal Highway Administration RULES Engineering and traffic operations: Federal-aid projects; advance construction, 60031-60033 03-26557 NOTICES Environmental statements; notice of intent: Adams County et al., CO, 60145-60146 03-26510 Juneau, AK, 60146 03-26437 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 60104-60105 03-26552 Formations, acquisitions, and mergers, 03-26460 03-26461 60105-60106 03-26551 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 60106-60107 03-26494 Organization, functions, and authority delegations:

International Consumer Protection Associate Director, 60107 03-26493 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: Adams County et al., CO, 60145-60146 03-26510 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Findings on petitions, etc.— Wolverine, 60112-60115 03-26453 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Statement of Work for the Evaluation of First Cycle Review Performance, 60108-60109 03-26446 MISSING FOR:

Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: Georgia Shrimp Association, 60078 03-26521 Texas Shrimp Association, 60078 03-26520 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 03-26443 60093-60094 03-26444 Jurisdictional transfers: Matagorda Island Lighthouse Reservation, TX, 60107-60108 03-26474 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

HOPE IV Revitalization and Demolition Programs, 60177-60276 03-26476 Public and Indian housing: Public Housing Assessment System— Physical and financial condition scoring methodologies, 60111-60112 03-26475 Industry Industry and Security Bureau PROPOSED RULES Export administration regulations: Foreign policy-based export controls; effects; request for comments, 60050-60052 03-26564 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Anhydrous sodium metasilicate from— France, 60080 03-26535 Canned Pineapple fruit from— Thailand, 60081 03-26532 Cut-to-length carbon steel plate from— China, 60081-60083 03-26530 Gray Portland Cement and clinker from— Mexico, 60083-60084 03-26531 Silicomanganese from— Kazakhstan, 60084 03-26534 Wax and wax/resin thermal transfer ribbons from— France, Japan, and Korea, 60085 03-26533 Antidumping and countervailing duties: Administrative review requests, 60079-60080 03-26536 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60116-60118 03-26479 03-26480 Marine Marine Mammal Commission NOTICES Committees; establishment, renewal, termination, etc.:

Anthropogenic Sound and Marine Mammals Advisory Committee, 60120-60121 03-26472 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: JUSTICE, 60147 03-26451 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 03-26443 60093-60094 03-26444 National Archives National Archives and Records Administration NOTICES Privacy Act:

System of Records, 60121-60124 03-26613 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel, 60124 03-26450 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Bridgestone/Firestone, 60147 03-26509 Nissan North America, Inc., 60147-60148 03-26508 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Meetings: Western Pacific Fishery Management Council, 60075 03-26550 NOTICES Marine mammals:

Incidental take permits— Lamont-Doherty Earth Observatory; Northwest Atlantic Ocean; oceanographic survey; cetaceans and pinnipeds; extension of comment period, 60085 03-26548 Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory; Southeast Caribbean Sea; oceanographic surveys; cetaceans and pinnipeds, 60086-60091 03-26549 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 60125 03-26630 Reports and guidance documents; availability, etc.:

Regulatory Guide 1.132; Site Investigations for Foundations of Nuclear Power Plants, 60125-60126 03-26477 *Applications, hearings, determinations, etc.:* Entergy Operations, Inc., 60125 03-26478 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 60126 03-26616 Postal Postal Service PROPOSED RULES Domestic Mail Manual: Sender-identified mail; discount rate mailings enhanced requirement, 60052-60054 03-26438 Presidential Presidential Documents ADMINISTRATIVE ORDERS Air Force, operating location near Groom Lake, NV; classified information (Presidential Determination No. 2003-39 of September 16, 2003), 60277-60279 03-26704 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

San Joaquin River Exchange Contractors Water Authority; Water Transfer Program, CA, 60115-60116 03-26468 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: COUNTRY Mutual Funds Trust et al., 60126-60133 03-26447 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Meetings: Regional Fairness Boards— Region III: Public Roundtable, 60133-60134 03-26462 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Armenia, etc.; Eurasia Professional Exchanges and Training Program, 60134-60141 03-26526 Caucasus, Central Asia and Russia; Internet Access and training Program, 60142-60144 03-26525 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60109-60110 03-26471 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Shortline Railroad, 60148 03-26289 Elgin, Joliet & Eastern Railway Co., 60148-60149 03-26496 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board United United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 60153-60176 03-26404 Veterans Veterans Affairs Department NOTICES Meetings:

Medical Research Service Merit Review Committee, 60149 03-26435 Research and Development Cooperative Studies Evaluation Committee, 60149-60150 03-26436 Separate Parts In This Issue Part II Sentencing Commission, United States, United States Sentencing Commission, 60153-60176 03-26404 Part III Housing and Urban Development Department, 60177-60276 03-26476 Part IV Executive Office of the President, 60277-60279 03-26704 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. 68 203 Tuesday, October 21, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 931 [Docket No. FV03-931-1 FR] Fresh Bartlett Pears Grown in Oregon and Washington; Increased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Northwest Fresh Bartlett Pear Marketing Committee (Committee) for the 2003-2004 and subsequent fiscal periods from $0.025 to $0.335 per 44-pound standard box or container equivalent of fresh Bartlett pears handled. The Committee locally administers the marketing order, which regulates the handling of fresh Bartlett pears grown in the States of Oregon and Washington.

Authorization to assess fresh Bartlett pear handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period began July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. EFFECTIVE DATE: October 22, 2003. FOR FURTHER INFORMATION CONTACT: Susan M. Hiller, Northwest Marketing Field Office, Fruit and Vegetable Programs, AMS, USDA, 1220 SW., Third Avenue, Suite 385; telephone:

(503)326-2724, Fax:

(503)326-7440; 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. 147 and Order No. 931, both as amended (7 CFR part 931), regulating the handling of fresh Bartlett pears grown in the States of Oregon and Washington, 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. Under the marketing order now in effect, Oregon and Washington handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable fresh Bartlett pears beginning on July 1, 2003, and continue until amended, suspended, or terminated. 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. Such 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 increases the assessment rate established for the Committee for the 2003-2004 and subsequent fiscal periods, from $0.025 to $0.335 per 44-pound standard box or container equivalent of fresh Bartlett pears grown in the States of Oregon and Washington. The Oregon and Washington fresh Bartlett pear marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are growers and handlers of Oregon or Washington fresh Bartlett pears. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2001-2002 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on May 29, 2003, and unanimously recommended 2003-2004 expenditures of $1,122,250 and an assessment rate of $0.335 per 44-pound standard box or container equivalent of fresh Bartlett pears. In comparison, last year's budgeted expenditures were $77,612. The assessment rate of $0.335 is $0.31 higher than the rate previously in effect. The Committee recommended an increased assessment rate to establish market research and development projects to assist, improve, or promote the marketing, distribution, and consumption of pears. These projects will be executed through an agreement with Pear Bureau Northwest, which also oversees market development and promotion, including paid advertising, projects for the Winter Pear Control Committee, under Marketing Order No. 927 regulating the handling of winter pears grown in Oregon and Washington. The Bartlett pear projects for 2003-2004 include activities to enhance the consumption of pears in Latin America and South America, trade and consumer communications through website and newsletter releases, a domestic field staff program to distribute point of sale materials and conduct consumer samplings, and participation in food service and consumer shows to advance Bartletts as the first available USA pear variety. No paid advertising activities will be conducted. These market development projects were previously administered by the Oregon Bartlett Pear Commission and the Washington State Fruit Commission. However, following an eight-month series of industry meetings, both state commissions recommended that the federal committee administer future Bartlett pear market development projects. Thus, with industry consensus in support of the action, the Committee, on May 29, 2003, unanimously recommended that it establish and administer future market development projects for the Bartlett pear industry. The net effect to the Northwest Bartlett pear industry in transferring the market development projects from the State commissions to the Committee is negligible as indicated in the table below. 2002-2003 2003-2004 Net change Oregon Bartlett Pear Commission $0.34 $.0275 −$0.3125 Washington State Fruit Commission 0.332 0.022 −0.31 Northwest Fresh Bartlett Pear Marketing Committee 0.025 0.335 0.31 Oregon Total 0.365 0.3625 −0.0025 Washington Total 0.357 0.357 0.0 The major expenditures recommended by the Committee for the 2003-2004 year include $78,934 for expenses shared with Pear Bureau Northwest and the Winter Pear Control Committee (salaries, employee benefits, office rent, and similar administration expenses), $38,316 for unshared committee expenses (meetings, assessment collection fees paid to the Washington State Fruit Commission, fees paid to four grower/shipper organizations for collating information used in generating crop and quality reports, and contingency reserves), and $1,005,000 for market research and development expenses. Budgeted expenses for these items in 2002-2003 were $63,712, $13,900, and $0, respectively. The assessment rate recommended by the Committee was determined by reviewing the historical market development expenses of other organizations and past expenses for the Committee. Commodity shipments for the 2003-2004 season are estimated at 3,350,000 standard boxes, which should provide $1,122,250 in assessment income. Income derived from handler assessments, along with miscellaneous income and funds from the Committee's authorized reserve, should be adequate to cover budgeted expenses. Funds in the reserve (currently $16,997.14) will be kept within the maximum permitted by the order of approximately one fiscal year's operational expenses (§ 931.42). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2003-2004 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. 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 rule 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 1,500 growers of fresh Bartlett pears in the production area and approximately 40 handlers subject to regulation under the marketing order. Small agricultural growers 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 whose annual receipts are less than $5,000,000. According to the *Noncitrus Fruits and Nuts, 2002 Preliminary Summary* issued in January 2003 by the National Agricultural Statistics Service, the total farm gate value of fresh Bartlett pears in the regulated production area for 2002 was $34,782,000. Therefore, the 2002 average gross revenue for a fresh Bartlett pear grower in the regulated production area was $23,188. Further, based on Committee records and recent f.o.b. prices for fresh Bartlett pears, over 98 percent of the regulated handlers ship less than $5,000,000 worth of fresh Bartlett pears on an annual basis. Based on this information, it can be concluded that the majority of growers and handlers of fresh Bartlett pears in the States of Oregon and Washington may be classified as small entities. This rule increases the assessment rate established for the Committee and collected from handlers for the 2003-2004 and subsequent fiscal periods from $0.025 to $0.335 per 44-pound standard box or container equivalent of fresh Bartlett pears. The Committee unanimously recommended 2003-2004 expenditures of $1,122,250 and an assessment rate of $0.335 per 44-pound standard box or container equivalent. The assessment rate is $0.31 higher than the rate previously in effect. The quantity of assessable fresh Bartlett pears for the 2003-2004 season is estimated at 3,350,000 standard boxes. Thus, the $0.335 rate should provide $1,122,250 in assessment income. Income derived from handler assessments, along with miscellaneous income and funds from the Committee's authorized reserve, should be adequate to cover budgeted expenses (§ 931.42). The major expenditures recommended by the Committee for the 2003-2004 year include $78,934 for expenses shared with Pear Bureau Northwest and the Winter Pear Control Committee (salaries, employee benefits, office rent, and similar administration expenses), $38,316 for unshared committee expenses (meetings, assessment collection fees paid to the Washington State Fruit Commission, fees paid to four grower/handler organizations for collating information used in generating crop and quality reports, and contingency reserves), and $1,005,000 for market research and development expenses. Budgeted expenses for these items in 2002-2003 were $63,712, $13,900, and $0, respectively. The increase in the assessment rate is necessary for the Committee to establish market research and development projects. These market development projects will be executed through an agreement with Pear Bureau Northwest, which also oversees the market development projects for the Winter Pear Control Committee, administering Marketing Order No. 927. The Bartlett pear projects for 2003-2004 include activities to enhance the consumption of pears in Latin America and South America, trade and consumer communications through website and newsletter releases, a domestic field staff program to distribute point of sale materials and conduct consumer samplings, and participation in food service and consumer shows to advance Bartletts as the first available USA pear variety. No paid advertising activities will be implemented. These market development projects were previously administered by the Oregon Bartlett Pear Commission and the Washington State Fruit Commission. However, following an eight-month series of industry meetings, both state commissions recommended that the federal Committee administer future Bartlett pear market development projects. Thus, with industry consensus in support of the action, the Committee, on May 29, 2003, unanimously recommended that it establish and administer future market development projects for the Bartlett pear industry. The net effect to the Northwest Bartlett pear industry in transferring the market development projects from the State commissions to the Committee is negligible as indicated in the table below. 2002-2003 2003-2004 Net change Oregon Bartlett Pear Commission $0.34 $.0275 −$0.3125 Washington State Fruit Commission 0.332 0.022 −0.31 Northwest Fresh Bartlett Pear Marketing Committee 0.025 0.335 0.31 Oregon Total 0.365 0.3625 −0.0025 Washington Total 0.357 0.357 0.0 A review of historical information and preliminary information pertaining to the upcoming season indicates that the grower price for the 2003-2004 season could range between $9.20 and $11.00 per standard box of fresh Bartlett pears. Therefore, the estimated assessment revenue for the 2003-2004 season as a percentage of total grower revenue could range between 3.6 and 3 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to growers. However, these costs are offset by the benefits derived by the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the Oregon and Washington fresh Bartlett pear industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues discussed. Like all Committee meetings, the May 29, 2003, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This rule imposes no additional reporting or recordkeeping requirements on either small or large Oregon or Washington fresh Bartlett pear 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A proposed rule concerning this action was published in the **Federal Register** on September 10, 2003. Copies of the proposed rule were also mailed or sent via facsimile to all fresh Bartlett pear handlers. Finally, the proposal was made available through the Internet by the Office of the Federal Register and USDA. A 15-day comment period ending September 25, 2003, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because the 2003-2004 fiscal period began on July 1, 2003, and the order requires that the rate of assessment for each fiscal period apply to all assessable fresh Bartlett pears handled during such fiscal period. In addition, the Committee needs sufficient funds to pay its expenses which are incurred on a continuous basis. Further, handlers are aware of this rule which was recommended at a public meeting. Also, a 15-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 931 Marketing agreements, Pears, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 931 is amended as follows: PART 931—FRESH BARTLETT PEARS GROWN IN OREGON AND WASHINGTON 1. The authority citation for 7 CFR part 931 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 931.231 is revised to read as follows: § 931.231 Assessment rate. On and after July 1, 2003, an assessment rate of $0.335 per 44-pound standard box or container equivalent is established for fresh Bartlett pears grown in Oregon and Washington. Dated: October 15, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 03-26519 Filed 10-20-03; 8:45 am]

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