Unknown. Interim final rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-02-09.xml --- 69 26 Monday, February 9, 2004 Contents Agricultural Agricultural Marketing Service RULES Olives grown in— California, 5905-5907 04-2654 PROPOSED RULES Cotton research and promotion order: Cotton Board rules and regulations, 5936 04-2697 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5946 04-2689 Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.:

Advisory Committee to Director, 5989 04-2671 Clinical Laboratory Improvement Advisory Committee, 5989-5990 04-2677 Meetings: National Institute for Occupational Safety and Health— Safety and Occupational Health Study Section, 5990 04-2676 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 5990-5991 04-2704 04-2705 Citizenship Citizenship and Immigration Services Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-2690 5994-5996 04-2692 04-2693 04-2694 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, 04-2648 5948-5949 04-2649 Defense Defense Department See Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 5966-5967 04-2699 Meetings:

Science Board task forces, 04-2698 04-2700 5967-5968 04-2701 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Michigan, 5932-5933 04-2621 PROPOSED RULES Air programs: Ambient air quality standards, national— Fine particulate matter and ozone; interstate transport control measures; public hearings, 5944-5945 04-2814 NOTICES Integrated risk information system: Health effects of chronic exposure to chemical substances— 2004 program announcement and information request, 5971-5976 04-2711 Reports and guidance documents; availability, etc.:

North American Cooperation in the Conservation of Biodiversity Strategic Plan, 5976-5979 04-2713 Watersheds; integrating ecological risk assessment and economic analysis; conceptual approach and case studies, 5979-5980 04-2714 Toxic and hazardous substances control: New chemicals— Receipt and status information, 5980-5985 04-2709 Water pollution control: Total maximum daily loads— Louisiana, 5985-5986 04-2712 Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 5986 04-2800 Farm Farm Service Agency PROPOSED RULES Special programs:

Direct Farm Loan Programs; regulatory streamlining, 6055-6121 04-1891 FAA Federal Aviation Administration RULES Airworthiness directives: Aerospatiale, 5914-5918 04-2586 Airbus, 04-2465 5907-5911, 5922-5924, 5926-5928 04-2466 04-2572 04-2582 BAE Systems (Operations) Ltd., 5913-5914 04-2463 Boeing, 5911-5913, 5920-5922, 5924-5926 04-2464 04-2575 04-2584 Learjet, 5918-5920 04-2585 PROPOSED RULES Airworthiness directives: Boeing, 5939-5940 04-2680 Gulfstream, 5936-5939 04-2679 FCC Federal Communications Commission PROPOSED RULES Radio frequency devices:

Interference temperature operation, 5945 04-2639 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 5986 04-2731 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Maine, 5996-5997 04-2670 Micronesia, 5997 04-2668 Ohio, 5997-5998 04-2669 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 5968-5971 E4-217 Federal Housing Federal Housing Finance Board NOTICES Meetings;

Sunshine Act, 5986-5987 04-2888 04-2887 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 6006 04-2889 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 5987-5988 04-2660 Banks and bank holding companies: Change in bank control, 5988 04-2663 Formations, acquisitions, and mergers, 5988-5989 04-2661 Permissible nonbanking activities, 5989 04-2662 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 5989 04-2784 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and/or marine mammal permit applications, 5999 04-2678 Grants and cooperative agreements; availability, etc.: North American Wetlands Conservation Council, 5999-6000 04-2717 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5991-5993 04-2641 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5947-5948 04-2664 Meetings:

Deschutes Provincial Advisory Committee, 5948 04-2674 Resource Advisory Committees— Siskiyou County, 5948 04-2673 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Federal Emergency Management Agency See Immigration and Customs Enforcement Bureau Immigration and Customs Enforcement Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 5998 04-2691 Indian Indian Health Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5993 04-2642 Industry Industry and Security Bureau RULES Export administration regulations:

Commerce Control List— QRS11 micromachined angular rate sensors; licensing jurisdiction, 5928-5930 04-2655 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Guam War Claims Review Commission, 5998 04-2643 IRS Internal Revenue Service RULES Income taxes: Business electronic filing; guidance, 5931-5932 04-2645 PROPOSED RULES Income taxes: Business electronic filing; guidance, 5940-5942 04-2644 NOTICES Agency information collection activities; proposals, submissions, and approvals, 6015-6017 04-2723 04-2724 04-2725 International International Trade Administration NOTICES Antidumping:

Antifriction bearings and parts thereof from— Various countries, 5949-5960 04-2722 Stainless steel sheet and strip in coils from— Taiwan, 5960-5964 04-2720 Countervailing duties: Carbon and alloy steel wire rod from— Brazil, 5964-5966 04-2721 International International Trade Commission NOTICES Import investigations: Commercial availability of apparel inputs (2004); preferential treatment to apparel from Sub-Saharan African, Caribbean Basin, and Andean countries, 6003-6004 04-2687 Polyethylene retail carrier bags from— Various countries, 6004-6005 04-2659 Tetrahydrofurfuryl alcohol

(THFA)from— China, 6005-6006 04-2658 Land Land Management Bureau NOTICES Disclaimer of interest applications: Utah, 6000-6001 04-2651 Environmental statements; notice of intent: Royal Gorge, CO; South Park Land tenure adjustment plan, 6001-6002 04-2652 Meetings: Resource Advisory Councils— New Mexico, 6002-6003 04-2672 Survey plat filings: Illinois, 6003 04-2675 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission NIH National Institutes of Health NOTICES Environmental statements; notice of intent: National Emerging Infectious Diseases Laboratories facility, Boston, MA, 5993-5994 04-2650 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 5934 04-2715 NOTICES Marine mammals: Taking and importation— Eastern Tropical Pacific Ocean; yellowfin tuna, 5966 04-2716 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel; correction, 5968 04-2777 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Dow Chemical Co., 6006-6007 04-2665 Personnel Personnel Management Office PROPOSED RULES Allowances and differentials: Cost-of-living allowances (nonforeign areas)— Methodology changes, 6019-6022 04-2225 Health benefits, Federal employees: New enrollments or enrollment changes; standardized effective dates, 5935-5936 04-2666 NOTICES Allowances and differentials: Cost-of-living allowances (nonforeign areas)— Methodology changes, 6022-6053 04-2226 SEC Securities and Exchange Commission PROPOSED RULES Securities: Options markets; competitive developments, 6123-6138 04-2646 NOTICES Meetings; Sunshine Act, 6007-6008 04-2808 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 6008-6009 04-2696 National Association of Securities Dealers, Inc., 6009 04-2695 Philadelphia Stock Exchange, Inc., 6010-6013 04-2647 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Texas, 5942-5944 04-2706 Surface Surface Transportation Board NOTICES Railroad services abandonment: CSX Transportation, Inc., 6014-6015 04-2702 TVA Tennessee Valley Authority NOTICES Environmental statements; availability, etc.: Paradise-Wilson 500-kV transmission system, KY and TN, 6013-6014 04-2703 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 6017 04-2685 Separate Parts In This Issue Part II Personnel Management Office, 6019-6053 04-2225 04-2226 Part III Agriculture Department, Farm Service Agency, 6055-6121 04-1891 Part IV Securities and Exchange Commission, 6123-6138 04-2646 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. 69 26 Monday, February 9, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Docket No. FV04-932-1 IFR] Olives Grown in California; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule decreases the assessment rate established for the California Olive Committee (committee) for the 2004 and subsequent fiscal years from $13.89 to $12.18 per ton of assessable olives handled. The committee locally administers the marketing order regulating the handling of olives grown in California. Authorization to assess olive handlers enables the committee to incur expenses that are reasonable and necessary to administer the program. The fiscal year began January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. EFFECTIVE DATE: February 10, 2004; comments received by April 9, 2004, 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: Terry Vawter, 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 No. 148 and Order No. 932, both as amended (7 CFR part 932), regulating the handling of olives 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. Under the marketing order now in effect, California olive handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate be applicable to all assessable olives beginning on January 1, 2004, 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 decreases the assessment rate established for the committee for the 2004 and subsequent fiscal years from $13.89 per ton of assessable olives to $12.18 per ton of assessable olives. The California olive 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 producers and handlers of California olives. 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 budget and assessment rate is deliberated and formulated in a public meeting, and the expenditures are deliberated in various public subcommittee meetings prior to the committee meeting. Thus, all directly affected persons have an opportunity to participate and provide input. Prior to this rule, the committee recommended, and USDA approved, an assessment rate that continued in effect until modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other information available to USDA. The committee met on December 11, 2003, and unanimously recommended fiscal year 2004 expenditures of $1,269,063 and an assessment rate of $12.18 per ton of olives. In comparison, last year's budgeted expenditures were $1,230,590. The assessment rate of $12.18 is $1.71 lower than the $13.89 rate in place for the 2003 fiscal year. The committee recommended expenditures for the 2004 fiscal year, including $633,500 for marketing development, $360,563 for administration, and $225,000 for research. The committee also recommended a fiscal year 2004 expenditure of $50,000 for the development of an enhanced flavor standards program. For the 2003 fiscal year, budgeted expenses for these items were $633,500 for marketing development, $347,090 for administration, and $250,000 for research. There were no budgeted expenditures for the development of flavor standards and flavor-standards inspection training for the 2003 fiscal year. The California Agricultural Statistics Service

(CASS)reported olive receipts for the 2003-04 crop year at 102,703 tons, which compares to 89,006 for the 2002-03 crop year. The increase in the crop size for the 2003-04 crop year, due in large part to the alternate-bearing characteristics of olives, has made it possible for the committee to recommend the $1.71 per ton decrease from the current $13.89 per assessable ton rate to $12.18 per assessable ton. The assessment rate recommended by the committee was derived by considering anticipated expenses, actual olive tonnage received by handlers, and additional pertinent factors. Income derived from handler assessments, interest, and utilization of reserve funds will be adequate to cover budgeted expenses. Funds in the reserve will be kept within the maximum of approximately one fiscal period's expenses as required by § 932.40 of the marketing order. The assessable tonnage for the 2004 fiscal year is expected to be less than the receipts of 102,703 tons reported by CASS, because handlers may divert some olives for uses that are exempt from marketing order requirements. The assessment rate continues 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 is in effect for an indefinite period, the committee would continue to meet prior to or during each fiscal year 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 and subcommittee meetings are open to the public and interested persons may express their views at these meetings. USDA would evaluate committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The committee's 2004 budget and those for subsequent fiscal years would be reviewed and, as appropriate, approved by USDA. 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 rule 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 to ensure 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 1,200 producers of olives in the production area and 3 handlers subject to regulation under the marketing order. The Small Business Administration (13 CFR 121.601) defines small agricultural producers as those with annual receipts less than $750,000, and small agricultural service firms as those with annual receipts less than $5,000,000. Based upon information from the committee, the majority of olive producers may be classified as small entities, but not all of the handlers may be classified as small entities. This rule decreases the assessment rate established for the committee and collected from handlers for the 2004 and subsequent fiscal years from $13.89 per ton to $12.18 per ton of olives. The committee unanimously recommended 2004 fiscal year expenditures of $1,269,063 and an assessment rate of $12.18 per ton. The assessment rate of $12.18 per ton is $1.71 per ton lower than the 2003 rate. The quantity of olive receipts for the 2003-04 crop year was reported by CASS to be 102,703 tons, but the actual assessable tonnage for the 2003-04 crop year is expected to be lower. This is because handlers are expected to divert some olives to exempt outlets on which assessments are not paid. The $12.18 per ton assessment rate should be adequate to meet this year's expenses when combined with funds from the authorized reserve and interest income. Funds in the reserve will be kept within the maximum of approximately one fiscal period's expenses as required by § 932.40 of the marketing order. Expenditures recommended by the committee for the 2004 fiscal year include $633,500 for marketing development, $360,563 for administration, and $225,000 for research. The committee also recommended a fiscal year 2004 expenditure of $50,000 for the development of an enhanced flavor standards program. Budgeted expenses for these items in the 2003 fiscal year were $633,500 for marketing development, $347,090 for administration, and $250,000 for research. There were no expenditures for the development of flavor standards and flavor-standards training for inspection personnel in the 2003 fiscal year. Olive receipts totaled 102,703 tons for the 2003-04 crop year compared to the 2002-03 crop year's tonnage of 89,006. The committee has increased fiscal year 2004 expenses, but the increase in olive production makes the lower assessment rate possible. The research expenditures will fund studies to develop chemical and scientific defenses to counteract a threat from the olive fruit fly in the California production area. Market development expenditures are the same because the committee's marketing program for fiscal year 2004 is similar. The committee reviewed the budget and assessment rate, and unanimously recommended fiscal year 2004 expenditures of $1,269,063, which reflect decreased research expenditures and increased administrative and flavor-standards expenditures. While deliberating this budget, the committee considered information from various sources, such as the committee's Executive, Research, and Marketing Subcommittees. Alternate spending levels were discussed by these groups, based upon the relative costs and benefits to the olive industry of various research and marketing projects, the total quantity of assessable olives received by handlers, and other pertinent factors. Such deliberations resulted in the recommended 2004 budget and the assessment rate of $12.18 per ton of assessable olives. A review of historical industry information and preliminary information pertaining to the upcoming fiscal year indicates that the grower price for the 2003-04 crop year will be a weighted average of $478 per ton for canning size fruit and $254 per ton for limited-use size fruit. The weighted average is calculated by the committee staff and takes into account the prices per ton offered by each handler for various sizes of the major olive varieties produced. Approximately 85 percent of a ton of olives are canning sizes and 10 percent are limited-use sizes, leaving the balance as cull fruit. Thus, given the current anticipated grower prices, the average grower price per ton would be $431.70. The estimated assessment revenue is expected to be approximately 2.8 percent of the average grower price. Total grower revenue on 102,703 tons would be $44,336,885. This action decreases the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers and may reduce the burden on producers. In addition, the committee's meeting was widely publicized throughout the California olive industry and all interested persons were invited to attend the meeting and participate in committee deliberations on all issues. Like all committee meetings, the December 11, 2003, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. The subcommittee meetings, as well, were public all interested parties were encouraged to attend and provide comments. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. This rule imposes no additional reporting or recordkeeping requirements on California olive 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 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. This rule invites comments on the decreased assessment rate for 2004 and subsequent fiscal years under the Federal marketing order regulating olives grown in California. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the committee's recommendation and other information, it is found that this interim final 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 impractical, 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)The 2004 fiscal year began on January 1, 2004, and the marketing order requires that the rate of assessment for each fiscal year apply to all assessable olives handled during applicable the crop year;

(2)this action decreases the assessment rate and the committee needs sufficient funds to pay its expenses which are incurred on a continuous basis; and

(3)this action was unanimously recommended by the committee at a public meeting attended by handlers, and is similar to other assessment rate actions issued in past years. List of Subjects in 7 CFR Part 932 Marketing agreements, Olives, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 932 is amended as follows: PART 932—OLIVES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 932 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 932.230 is revised to read as follows: § 932.230 Assessment rate. Beginning on January 1, 2004, an assessment rate of $12.18 per ton is established for California olives. Dated: February 3, 2004. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 04-2654 Filed 2-6-04; 8:45 am]

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