Fed. Reg. Unknown — Final rule

--- schema: federal-register doc_type: fedreg source_file: FR-2004-07-13.xml --- 69 133 Tuesday, July 13, 2004 Contents Agricultural Agricultural Marketing Service RULES Almonds grown in— California, 41907-41909 04-15857 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service NOTICES Reports and guidance documents; availability, etc.: Food Guide Pyramid; graphic presentation and consumer education materials; comment request, 42030-42033 04-15710 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 42067 04-15834 Alcohol Alcohol, Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations:

Red Hills Lake County, CA [ **Editorial Note** : This document, published at 69 FR 41750 in the **Federal Register** of July 12, 2004, was erroneously listed under **Alcohol, Tobacco and Firearms Bureau** in that issue's Table of Contents.] Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Classical swine fever; disease status change— Chile, 41915-41920 04-15805 Livestock and poultry disease control: Brucellosis in sheep, goats, and horses; indemnification, 41909-41915 04-15804 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42033-42037 04-15806 04-15807 04-15808 04-15812 Meetings:

National Wildlife Services Advisory Committee, 42037-42038 04-15811 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 04-15792 04-15795 42058-42059 04-15800 National Institute for Occupational Safety and Health— Halfmask respirators including elastomeric and filtering facepiece styles; total inward leakage requirements and test methods, 42059 04-15799 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Various States, 42038-42039 04-15837 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, 41944 04-15846 Ports and waterways safety: Maine Corps Base Camp Lejeune, NC; Atlantic Intracoastal Waterway; safety zone, 41944-41946 04-15847 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright office and procedures:

Registration refusal reconsideration procedures, 42004-42007 04-15853 Sound recordings use under statutory licenses; notice and recordkeeping for use, 42007-42010 04-15854 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cedarburg Pharmaceuticals, Inc., 42067-42068 04-15771 Eli-Elsohly Laboratories, Inc., 42068 04-15772 Noramco, Inc., 42068 04-15773 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 42043-42044 04-15777 04-15778 04-15803 Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Children with disabilities; reading interventions for students with mental retardation, 42044-42049 04-15840 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 42052-42053 04-15817 Meetings: Science Advisory Board, 42053-42054 04-15819 Superfund; response and remedial actions, proposed settlements, etc.:

Big John's Salvage Site, 42054 04-15818 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 41925-41926, 41930-41934 04-15366 04-15514 Boeing, 41926-41928 04-15512 Bombardier, 41928-41930 04-15513 Cessna, 41920-41923 04-15666 Stemme GmbH & Co., 41923-41925 04-15667 Standard instrument approach procedures, 41934-41935 04-15643 PROPOSED RULES Airworthiness directives:

Boeing, 41997-42000 04-15791 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 41994-41997 04-15790 McDonnell Douglas, 41985-41994 04-15760 04-15761 04-15762 04-15763 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42078 04-15848 Meetings: Aeronautical research center; proposed establishment; information/sources request, 42078-42079 04-15556 Passenger facility charges; applications, etc.: Aspen/Pitkin County Airport, CO, 42079 04-15849 FCC Federal Communications Commission NOTICES Meetings;

Sunshine Act, 42054-42055 04-15977 04-15978 Federal Energy Federal Energy Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: New England Regional States Committee on Electricity, 42049-42050 E4-1521 Electric rate and corporate regulation filings, 42050-42052 E4-1522 Natural gas and electric markets, price discovery, natural gas price formation, 42052 E4-1520 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 42055-42056 04-15940 Food Food and Drug Administration NOTICES Biological products:

Patent extension; regulatory review period determinations— CAMPATH, 42059-42060 04-15802 Meetings: Pharmacogenomic combination product co-development; workshop, 42060-42061 04-15935 Forest Forest Service RULES National Forest System lands: Special use authorizations, 41946-41967 04-15728 NOTICES Meetings: Oregon Coast Provincial Advisory Committee, 42038 04-15797 Resource Advisory Committees— Glenn/Colusa County, 42038 04-15796 GSA General Services Administration NOTICES Privacy Act:

Systems of records, 42056-42057 04-15829 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration PROPOSED RULES Federal claims collection, 42010-42022 04-15693 Federal claims collection: Involuntary salary offset, 42022-42029 04-15692 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42057-42058 04-15786 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— President's Emergency Plan for AIDS Relief; Twinning Center, 42061-42064 04-15758 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 42065 04-15852 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Nottawaseppi Huron Band of Potawatomi Indians, Calhoun County, MI; 79 Acre Fee-to-Trust Transfer and Casino Project, 42065-42066 04-15821 Land acquisitions into trust:

Lytton Rancheria of California, 42066-42067 04-15820 Interior Interior Department See Indian Affairs Bureau IRS Internal Revenue Service RULES Employment taxes and collection of income taxes at source and procedure and administration: Payment card transactions; information reporting and backup withholding; cross-reference to Taxpayer Identification Number Matching Program rule, 41938-41943 04-15751 PROPOSED RULES Income taxes, etc.: Election out of generation skipping transfer

(GST)deemed allocations, 42000-42004 04-15752 International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 42039-42041 04-15835 Tapered roller bearings and parts, finished and unfinished, from— China, 42041-42042 04-15836 International International Trade Commission NOTICES Meetings; Sunshine Act, 42067 04-15976 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Prisons Bureau Labor Labor Department See Mine Safety and Health Administration Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 42070 04-15944 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42068-42070 04-15767 04-15768 Safety standard petitions: Consol Pennsylvania Coal Co., 42070 04-15845 NASA National Aeronautics and Space Administration RULES Grant and Cooperative Agreement Handbook: Grants.gov FIND use; electronically posted synopses of funding opportunities, 41935-41936 04-15734 NOTICES Meetings: Return to Flight Task Group, 42070-42071 04-15838 Patent licenses; non-exclusive, exclusive, or partially exclusive: Setra Systems, Inc., 42071 04-15839 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 42071 04-15813 National Highway National Highway Traffic Safety Administration RULES Insurer reporting requirements: Insurers required to file reports; list, 41974-41976 04-15765 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42079-42080 04-15850 Grants and cooperative agreements; availability, etc.: Hispanic safety belt use; metropolitan/county support projects, 42080-42084 04-15764 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific Ocean perch, 41984 04-15822 Northeastern United States fisheries— Summer flounder, scup and black sea bass, 41980-41984 04-15824 Marine mammals: National Marine Mammal Tissue Bank; access to tissue specimen samples; protocol, 41976-41980 04-15825 NOTICES Meetings: Hydrographic Services Review Panel, 42042 04-15774 Reports and guidance documents; availability, etc.: U.S. Climate Change Science Program Synthesis and Assessment Product Prospectus, 42043 04-15826 NRCS Natural Resources Conservation Service NOTICES Watershed projects; deauthorization of funds: Thirtymile Creek Watershed, MT, 42038 04-15781 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 42074-42075 04-15893 *Applications, hearings, determinations, etc.:* All power and research reactor licensees transporting spent nuclear fuel, 42071-42073 04-15789 U.S. Energy Department, 42073-42074 04-15788 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: Delegation of certain waiver, determination, certification, recommendation, and reporting functions (EO 13346), 41905-41906 04-15934 Enterprise for the Americas Initiative and Tropical Forest Conservation Act; implementation (EO 13345), 41901-41903 04-15933 Prisons Prisons Bureau RULES UNICOR business operations; address changes and clarification, 41943-41944 04-15810 Research Research and Special Programs Administration RULES Hazardous materials: Hazardous materials transportation— Harmonization with UN recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's technical instructions, 41967-41974 04-15766 SEC Securities and Exchange Commission RULES Organization, functions, and authority delegations: Director, Market Regulation Division, 41936-41938 04-15782 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-15783 42075-42076 04-15784 04-15785 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 42076 04-15770 State State Department NOTICES Foreign terrorists and terrorist organizations; designation: Continuity Irish Republican Army, 42076-42077 04-15827 Meetings: President's Refugee Admissions Program (2005 FY), 42077 04-15828 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42064-42065 04-15794 Surface Surface Transportation Board NOTICES Railroad services abandonment: Springfield Terminal Railway Co., 42084-42085 04-15610 Trade Trade Representative, Office of United States NOTICES Trade Act of 1974: Identification of countries under Section 182; comment request, 42077-42078 04-15831 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco Tax and Trade Bureau See Internal Revenue Service NOTICES Boycotts, international: Countries requiring cooperation; list, 42085 04-15816 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. 69 133 Tuesday, July 13, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 981 [Docket No. FV04-981-3 FR] Almonds Grown in California; Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the Almond Board of California (Board) for the 2004-05 and subsequent crop years from $0.020 to $0.025 per pound of almonds received. Of the $0.025 per pound assessment, $0.014 is available as credit-back for handlers who conduct their own promotional activities. The Board locally administers the marketing order which regulates the handling of almonds grown in California. Authorization to assess almond handlers enables the Board to incur expenses that are reasonable and necessary to administer the program. The crop year begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. EFFECTIVE DATE: August 1, 2004. FOR FURTHER INFORMATION CONTACT: Toni Sasselli, Marketing Assistant, or Martin Engeler, Assistant Regional Manager, 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 Order No. 981, as amended (7 CFR part 981), regulating the handling of almonds 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 almond 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 almonds beginning August 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 increases the assessment rate established for the Board for the 2004-05 and subsequent crop years from $0.020 to $0.025 per pound of almonds received. Of the $0.025 per pound assessment, $0.014 is available as credit-back for handlers who conduct their own promotional activities. The California almond marketing order provides authority for the Board, 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 Board are producers and handlers of California almonds. They are familiar with the Board'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 2003-04 and subsequent crop years, the Board recommended, and USDA approved, an assessment rate that would continue in effect from crop year to crop year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Board or other information available to USDA. The Board met on May 20, 2004, and recommended 2004-05 expenditures of $24,027,344. In comparison, last year's budgeted expenditures were $20,547,385. The assessment rate of $0.025 is $0.005 higher than the rate currently in effect, and the credit-back portion of the assessment rate is $0.004 more than the rate currently in effect. The major expenditures recommended by the Board for the 2004-05 crop year include $7,115,000 for advertising and market research, $9,215,000 for public relations and other promotion and education programs including a Market Access Program

(MAP)administered by USDA's Foreign Agricultural Service (FAS), $1,730,000 for salaries, $1,200,000 for nutrition research, $947,321 for production research, $808,000 for food quality programs, $460,042 for environmental research, $200,000 for travel, $130,000 for office rent, $125,000 for a crop estimate, and $95,000 for an acreage survey. Budgeted expenses for these items in 2003-2004 were $6,375,312 for advertising and market research, $7,587,750 for public relations and other promotion and education programs including a Market Access Program

(MAP)administered by USDA's Foreign Agricultural Service (FAS), $1,500,000 for salaries and wages, $1,000,000 for nutrition research, $850,332 for production research, $823,948 for food quality programs, $254,903 for environmental research, $200,000 for travel, $122,472 for office rent, $120,750 for a crop estimate, and $90,780 for an acreage survey. The Board recommended increasing the assessment rate from $0.020 per pound to $0.025 per pound of almonds handled. Of the $0.025 per pound assessment, $0.014 per pound is available as credit-back for handlers who conduct their own promotional activities consistent with § 981.441 of the order's regulations and subject to Board approval. The Board recommended increasing the assessment rate to generate adequate revenue to fund the Board's 2004-05 budgeted expenses and to maintain a financial reserve. Section 981.81(c) authorizes a financial reserve of approximately one-half year's budgeted expenses. One-half of the 2004-05 crop year's budgeted expenses of $24,027,344 equals $12,013,672. The Board's financial reserve at the end of the 2004-05 crop year is projected to be $3,067,437, which is well within the authorized reserve. The assessment rate recommended by the Board was derived by considering anticipated expenses and production levels of California almonds, and additional pertinent factors. In its recommendation, the Board utilized an estimate of 1,056,000,000 pounds of assessable almonds for the 2004-05 crop year. If realized, this will provide estimated assessment revenue of $11,616,000 from all handlers, and an additional $8,131,200 from those handlers who do not participate in the credit-back program, for a total of $19,747,200. In addition, it is anticipated that $7,347,581 will be provided by other sources, including interest income, MAP funds, grant funds, miscellaneous income, and reserve/carryover funds. When combined, revenue from these sources will be adequate to cover budgeted expenses. Any unexpended funds from the 2004-05 crop year may be carried over to cover expenses during the succeeding crop year. Funds in the reserve at the end of the 2004-05 crop year are estimated to be approximately $3,067,437, which will be within the amount permitted by the order. 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 Board or other available information. Although this assessment rate will be in effect for an indefinite period, the Board will continue to meet prior to or during each crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Board meetings are available from the Board or USDA. Board meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Board recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Board's 2004-05 budget and those for subsequent crop years 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 6,000 producers of almonds in the production area and approximately 119 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $5,000,000. Data for the most recently completed crop year indicate that about 38 percent of the handlers shipped over $5,000,000 worth of almonds and about 62 percent of handlers shipped under $5,000,000 worth of almonds. In addition, based on production and grower price data reported by the California Agricultural Statistics Service (CASS), and the total number of almond growers, the average annual grower revenue is estimated to be approximately $199,000. Based on the foregoing, the majority of handlers and producers of almonds may be classified as small entities. This rule increases the assessment rate established for the Board and collected from handlers for the 2004-05 and subsequent crop years from $0.020 to $0.025 per pound of almonds. Of the $0.025 per pound assessment, $0.014 per pound is available as credit-back for handlers who conduct their own promotional activities consistent with § 981.441 of the order's regulations and subject to Board approval. The Board met on May 20, 2004, and recommended 2004-05 expenditures of $24,027,344 and an assessment rate of $0.025 per pound. Of the $0.025 per pound assessment, $0.014 per pound would be available as credit-back for handlers who conduct their own promotional activities. The assessment rate of $0.025 is $0.005 higher than the current rate, and the credit-back portion is $0.004 more than the current rate. The quantity of assessable almonds for the 2004-05 crop year is estimated at 1,056,000,000 pounds. The assessment rate will provide estimated assessment revenue of $11,616,000 from all handlers, and an additional $8,131,200 from those handlers who do not participate in the credit-back program, for a total of $19,747,200. In addition, it is anticipated that $7,347,581 will be provided from other sources, including interest income, MAP funds, grant funds, miscellaneous income, and reserve/carryover funds. When combined, revenue from these sources will be adequate to cover budgeted expenses. The projected financial reserve at the end of 2004-05 will be $3,067,437, which is within the maximum permitted under the order. The major expenditures recommended by the Board for the 2004-05 crop year include $7,115,000 for advertising and market research, $9,215,000 for public relations and other promotion and education programs including a Market Access Program

(MAP)administered by USDA's Foreign Agricultural Service (FAS), $1,730,000 for salaries, $1,200,000 for nutrition research, $947,321 for production research, $808,000 for food quality programs, $460,042 for environmental research, $200,000 for travel, $130,000 for office rent, $125,000 for a crop estimate, and $95,000 for an acreage survey. Budgeted expenses for these items in 2003-2004 were $6,375,312 for advertising and market research, $7,587,750 for public relations and other promotion and education programs including a Market Access Program

(MAP)administered by USDA's Foreign Agricultural Service (FAS), $1,500,000 for salaries and wages, $1,000,000 for nutrition research, $850,332 for production research, $823,948 for food quality programs, $254,903 for environmental research, $200,000 for travel, $122,472 for office rent, $120,750 for a crop estimate, and $90,780 for an acreage survey. The Board considered alternative assessment rate levels, including the portion available for handler credit-back. After deliberating the issue, the Board recommended increasing the assessment rate to $0.025 per pound, with $0.014 available for handler credit-back. In arriving at its budget, the Board considered information from its various committees. Alternative expenditure levels were discussed by these groups, based on the value of various activities to the industry. The committees ultimately recommended appropriate activities and funding levels, which were adopted by the Board. A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the average grower price for the 2004-05 season could range between $1.50 and $1.80 per pound of almonds. Therefore, the estimated assessment revenue for the 2004-05 crop year (disregarding any amounts credited pursuant to §§ 981.41 and 981.441) as a percentage of total grower revenue could range between 1.2 and 1 percent, respectively. 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 producers. However, these costs are offset by the benefits derived by the operation of the marketing order. In addition, the Board's meeting was widely publicized throughout the California almond industry and all interested persons were invited to attend the meeting and participate in Board deliberations on all issues. Like all Board meetings, the May 20, 2004, 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 California almond 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 June 16, 2004 (69 FR 33584). Copies of the proposed rule were also mailed or sent via facsimile to all almond handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 10-day comment period ending June 28, 2004, 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 Board 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 Board needs to have sufficient funds to pay its expenses which are incurred on a continuous basis and the crop year begins on August 1, 2004. Further, handlers are aware of this rule which was recommended by the Board at a public meeting. Also, a 10-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 981 Almonds, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 981 is amended as follows: PART 981—ALMONDS GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 981 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 981.343 is revised to read as follows: § 981.343 Assessment rate. On and after August 1, 2004, an assessment rate of $0.025 per pound is established for California almonds. Of the $0.025 assessment rate, $0.014 per assessable pound is available for handler credit-back. Dated: July 8, 2004. Kenneth C. Clayton, Associate Administrator, Agricultural Marketing Service. [FR Doc. 04-15857 Filed 7-8-04; 3:39 pm]

Unknown. Final rule