Unknown. Final rule
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/register/2004/07/26/04-16940A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2004-07-26.xml --- 69 142 Monday, July 26, 2004 Contents Agricultural Agricultural Marketing Service RULES Nectarines and peaches grown in— California, 44457-44460 04-16940 Pistachios grown in— California, 44460-44461 04-16941 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 44484-44485 04-16939 Air Force Air Force Department NOTICES Privacy Act:
Systems of records, 44515-44519 04-16935 04-16936 Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Genetically engineered organisms; field test permits— ProdiGene, Inc.; confined field of corn plants, 44485-44486 04-17026 04-17027 Reports and guidance documents; availability, etc.: Foreign animal disease status evaluations process, 44487 04-16926 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 44536-44538 04-16910 04-16911 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-16885 44538-44539 04-16886 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:
Macau, 44514-44515 04-16906 Copyright Copyright Office, Library of Congress NOTICES Cable royalty funds: Cable statutory licenses; Phase I or II controversy ascertainment; fees distribution, 44548-44549 04-16962 Defense Defense Department See Air Force Department NOTICES Meetings: Dependents Education Advisory Council, 44515 04-16934 Economic Economic Development Administration NOTICES Grants and cooperative agreements; availability, etc.: National technical assistance, training, research, and evaluation, 44488-44490 04-16907 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-16927 04-16928 44519-44521 04-16929 Privacy Act:
Systems of records, 44521-44524 04-16963 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: California, 44461-44463 04-16942 Hazardous waste program authorizations: Maryland, 44463-44467 04-16944 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 44467-44470 04-16726 PROPOSED RULES Hazardous waste program authorizations:
Maryland, 44481-44482 04-16943 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 44482 04-16727 NOTICES Superfund; response and remedial actions, proposed settlements, etc.: Malvern TCE Site, PA, 44533-44534 04-16945 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: BAE Systems (Operations) Ltd., 44474-44476 04-16917 FCC Federal Communications Commission RULES Radio services; special:
Maritime services— Automated Maritime Telecommunications System; stations licensing process, 44471-44472 04-16892 Radio stations; table of assignments: Alabama and Tennessee, 44470-44471 04-16890 PROPOSED RULES Digital television stations; table of assignments: Washington, 44482-44483 04-16891 NOTICES Common carrier services: Video relay services— Hands On Video Relay Services, Inc.; waiver petitions and clarification request, 44534-44535 04-16974 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;
Sunshine Act, 44535 E4-1642 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and coporate regulation filings, 44525-44527 E4-1647 Electric rate and corporate regulation filings, 44527-44530 E4-1651 Environmental statements; notice of intent: Northwest Pipeline Corp., 44530-44533 E4-1649 *Applications, hearings, determinations, etc.:* Bridger Valley Electric Association, Inc., 44525 E4-1650 New York Independent System Operation, Inc., et al., 44525 E4-1648 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:
Los Angeles County, CA, 44564-44565 04-16918 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 44535 04-16884 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 44535-44536 04-16948 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Red-cockaded woodpecker, 44542-44543 04-16912 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Oklahoma— TPI Petroleum, Inc.; oil refinery complex, 44490 04-16976 Forest Forest Service NOTICES Meetings:
Resource Advisory Committee— Colville, 44487-44488 04-16488 Resource Advisory Committees— Tehama County, 44488 04-16924 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Meetings: Heritable Disorders and Genetic Diseases in Newborns and Children Advisory Committee, 44539 04-16874 Homeland Homeland Security Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44539-44541 04-16895 04-16896 04-16897 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 44541-44542 04-16980 04-16981 Indian Indian Affairs Bureau PROPOSED RULES No Child Left Behind Act; implementation:
No Child Left Behind Negotiated Rulemaking Committee— Bureau-funded school system; correction, 44476 04-17071 Industry Industry and Security Bureau NOTICES Short supply export controls imposition; petitions: Copper & Brass Fabricators Council, Inc., et al., 44491-44506 04-16947 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service PROPOSED RULES Estate and gift taxes:
Qualified interests, 44476-44480 04-16593 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-16967 04-16968 44565-44568 04-16969 International International Trade Administration NOTICES Countervailing duties: Stainless steel plate in coils from— Italy, 44506 04-16977 Export trade certificates of review, 44506-44507 04-16881 Overseas trade missions: 2004 trade missions— Consumer Goods Trade Policy Mission, Beijing, China, 44508-44509 04-16909 Franchising Trade Mission, Dublin, Ireland, 44507-44508 04-16908 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Alaska Native claims selection:
Atxam Corp., 44543-44544 04-16875 Closure of public lands: New Mexico, 44544 04-16880 Environmental statements; record of decision: South Powder River Basin Coal Area, WY, 44544 04-17090 Oil and gas leases: Wyoming, 44544-44545 04-16876 04-16877 04-16879 Realty actions; sales, leases, etc.: Utah, 44545-44546 04-16878 Library Library of Congress See Copyright Office, Library of Congress Millennium Millennium Challenge Corporation NOTICES Reports and guidance documents; availability, etc.:
Millennium Challenge Account Eligibility; eligible countries; list, 44549-44551 04-16982 Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Alaska region— Oil and gas lease sales, 44546 04-16904 Mine Mine Safety and Health Administration PROPOSED RULES Coal mine safety and health: Underground mines— Low-and medium-voltage diesel-powered electrical generators, 44480-44481 04-16903 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 44551-44552 04-16978 Committees; establishment, renewal, termination, etc.:
Presidential Libraries Advisory Committee, 44552 04-16979 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Combined Arts Advisory Panel, 44552 04-16970 National Institute National Institute of Standards and Technology NOTICES Information processing standards, Federal: Data encryption standard; proposed withdrawal, 44509-44510 04-16894 Reports and guidance documents; availability, etc.: World Trade Center Disaster; Federal Building and Fire Safety Investigation; floor system fire test viewing opportunity, 44510-44511 04-16893 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska other rockfish, 44472-44473 04-16950 Gulf of Alaska pelagic shelf rockfish, 44473 04-16952 NOTICES Endangered and threatened species: Anadromous fish take— Northwest Fisheries Science Center et al.; Pacific salmon and steelhead, 44511-44512 04-16959 Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Red snapper; meetings, 44512-44513 04-16960 Meetings: Sea turtle handling and release techniques in Atlantic Ocean, including Gulf of Mexico and Carribean Sea; workshops, 44513 04-16951 Permits:
Marine mammals, 44514 04-16958 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 44552 04-16949 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 44552-44553 04-16898 Meetings: Reactor Safeguards Advisory Committee, 04-16900 44553-44554 04-16901 *Applications, hearings, determinations, etc.:* Virginia Electric and Power Co., 44553 04-16899 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 44554 04-16930 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.:
Emergency Preparedness and Individuals with Disabilities, Intergency Coordinating Council on; establishment (EO 13347), 44571-44574 04-17150 Reclamation Reclamation Bureau NOTICES Contract negotiations: Tabulation of water service and repayment; quarterly status report, 44546-44548 04-16913 SEC Securities and Exchange Commission NOTICES Public Company Accounting Oversight Board: Public accounting firms; registration system, 44555-44563 04-16921 *Applications, hearings, determinations, etc.:* Universal Display Corp., 44554-44555 04-16920 SBA Small Business Administration RULES HUBZone Program:
Miscellaneous amendments Correction, 44461 04-16883 NOTICES Disaster loan areas: New Jersey, 44563 04-16882 State State Department NOTICES International Traffic in Arms regulations; statutory debarment, 44563-44564 04-16589 Meetings: International Communications and Information Policy Advisory Committee, 44564 04-16972 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Inventions, Government-owned; availability for licensing, 44568-44569 04-16984 04-16985 04-16986 Privacy Act:
Systems of records, 44569-44570 04-16987 Separate Parts In This Issue Part II Executive Office of the President, Presidential Documents, 44571-44574 04-17150 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. 69 142 Monday, July 26, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 916 and 917 [Docket No.
FV04-916/917-02 FIR] Nectarines and Peaches Grown in California; Revision of Handling Requirements for Fresh Nectarines and Peaches AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting as a final rule, with a change, an interim final rule revising the handling requirements for California nectarines and peaches by reducing the minimum net weight for shipments of nectarines and peaches in bulk bins under the marketing orders. The marketing orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). This rule will enable packers to continue shipping fresh nectarines and peaches meeting customers' needs in the interests of producers, packers, and consumers of these fruits. DATES: *Effective Date:* August 25, 2004. 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 Nos. 124 and 85, and Marketing Order Nos. 916 and 917 (7 CFR parts 916 and 917) regulating the handling of nectarines and peaches grown in California, respectively, hereinafter referred to as the “orders.” The orders are effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule in the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the revisions of the handling requirements for California nectarines and peaches by reducing the minimum net weight for shipments of nectarines and peaches in bulk bins under the marketing orders. Under the orders, container and pack requirements are established for fresh shipments of California nectarines and peaches. Such requirements are in effect on a continuing basis. The Nectarine Administrative Committee
(NAC)and the Peach Commodity Committee (PCC), which are responsible for local administration of the orders, met on February 25, 2004, and unanimously recommended that the handling requirements be further revised for the 2004 season, which began in April. The committees unanimously recommended that the minimum net weight for loose-filled bulk bin containers be reduced from 400 pounds to 100 pounds, and that change continues in effect. The committees meet prior to and during each season to review the rules and regulations effective on a continuing basis for California nectarines and peaches under the orders. Committee meetings are open to the public and interested persons are encouraged to express their views at these meetings. The committees held such meetings on February 25, 2004. USDA reviews committee recommendations and information, as well as information from other sources, and determines whether modification, suspension, or termination of the rules and regulations would tend to effectuate the declared policy of the Act. No official crop estimate was available at the time of the committees' February 25, 2004, meetings because the nectarine and peach trees were dormant. The committees subsequently recommended a crop estimate at their meetings on April 28, 2004. The estimates indicate that the 2004 nectarine crop will be approximately 22,245,000 containers, and the 2004 peach crop will be approximately 22,601,000 containers. This crop is similar to the 2003 crop, which totaled 21,896,300 containers of nectarines and 22,306,300 containers of peaches. Container and Pack Requirements Sections 916.52 and 917.41 of the orders authorize establishment of container, pack, and container marking requirements for shipments of nectarines and peaches, respectively. Under §§ 916.350 and 917.442 of the orders' rules and regulations, container markings, net weights, well-filled requirements, weight-count standards for various sizes of nectarines and peaches, and standard containers for nectarines and peaches, respectively, are specified. Included in the container and pack requirements are minimum net weight requirements for several containers, such as the bulk bin. Previously, the minimum net weight for bulk bin containers was 400 pounds. At the request of a handler, the committees unanimously recommended that the minimum net weight be reduced to 100 pounds for bulk bin containers of loose-filled nectarines and peaches. The committees' recommendations resulted from a recommendation by the Tree Fruit Quality Subcommittee. At the subcommittee meeting on February 4, 2004, a handler requested that the current minimum net weight be reviewed and possibly modified. The handler noted that he had increased shipments of bulk peaches during the 2003 season, but found the minimum net weight of 400 pounds too restrictive because the weight of the fruit in the bin damages the contents, especially the peaches at the bottom of the bin. The handler suggested that a minimum weight of 200 pounds might serve the industry better by ensuring the safe arrival of the fruit. The subcommittee discussed shipments of nectarines and peaches in bulk bins, and reviewed the historical significance of the minimum net weight of 400 pounds. The subcommittee determined that the net weight was set in 1976 when there were few, if any, bulk bin shipments. The subcommittee also deliberated the relative value of different minimum weights; *e.g.* 125 pounds, 200 pounds, or 100 pounds. They determined that since the weight constituted a minimum net weight rather than maximum net weight, it was prudent to use a weight that was lighter than the previously established minimum net weight, but still heavy enough to constitute a bulk shipment. Because it would be difficult for a handler to pack a 100-pound box for anything other than a bulk bin shipment, the 100 minimum net weight was determined to be the optimum net weight and was unanimously recommended. The subcommittee further unanimously recommended that the 100-pound minimum net weight be in place for the 2004 season only, with a review of the success of the modification at the end of the season. The committees discussed the Tree Fruit Quality subcommittee's recommendation at the February 25, 2004, meetings and reviewed the current industry practices regarding shipping in bulk bin containers. While use of bulk bins appears to be in its infancy, the committees appreciate that such shipments could constitute a new trend, and that relaxing the current minimum net weight for those containers provides yet another marketing opportunity for handlers. Moreover, the reduced minimum net weight will provide another container option for handlers and safeguard the fruit in the container from damage. However, the committees disagreed with the subcommittee's recommendation that the change should be in place for the 2004 season only, and did not believe it necessary to review the use of these containers at the end of the 2004 season. For the reasons stated above, the committees recommended that the minimum net weight for loose-filled bulk bin containers of nectarines and peaches be decreased from 400 pounds to 100 pounds. That change continues in effect. *Nectarines:* For the reasons stated above, the revision of paragraph (a)(9) of § 916.350 continues in effect to modify the minimum net weight of bulk bin containers of loose-filled nectarines from 400 pounds to 100 pounds. The required container markings shall be placed on one outside end of the container in plain sight and in plain letters. *Peaches:* For the reasons stated above, the revision of paragraph (a)(10) of § 917.442 continues in effect to modify the minimum net weight of bulk bin containers of loose-filled peaches from 400 pounds to 100 pounds. The required container markings shall be placed on one outside end of the container in plain sight and in plain letters. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. Industry Information There are approximately 250 California nectarine and peach packers subject to regulation under the orders regulating nectarines and peaches grown in California, and about 1,800 producers of these fruits in California. The Small Business Administration [13 CFR 121.201] defines small agricultural service firms as those whose annual receipts are less than $5,000,000. The Small Business Administration also defines small agricultural producers as those having annual receipts of less than $750,000. A majority of these packers and producers may be classified as small entities. The committees' staff has estimated that there are less than 20 handlers in the industry who could be defined as other than small entities. In the 2003 season, the average handler price received was $7.00 per container or container equivalent of nectarines or peaches. A handler would have to ship at least 714,286 containers to have annual receipts of $5,000,000. Given data on shipments maintained by the committees' staff and the average handler price received during the 2003 season, the committees' staff estimates that small handlers represent approximately 94 percent of all the handlers within the industry. The committees' staff has also estimated that less than 20 percent of the producers in the industry could be defined as other than small entities. In the 2003 season, the average producer price received was $4.00 per container or container equivalent for nectarines and peaches. A producer would have to produce at least 187,500 containers of nectarines and peaches to have annual receipts of $750,000. Given data maintained by the committees' staff and the average producer price received during the 2003 season, the committees' staff estimates that small producers represent more than 80 percent of the producers within the industry. With an average producer price of $4.00 per container or container equivalent, and a combined packout of nectarines and peaches of 44,202,600 containers, the value of the 2003 packout value (total estimated grower revenue) is estimated to be $176,810,400. Dividing this total estimated grower revenue figure by the estimated number of producers (1,800) yields an estimated average revenue per producer of approximately $98,228 from the sales of nectarines and peaches. Discussion of the Change in Minimum Net Weight Under §§ 916.52 and 917.41 of the orders, pack and container requirements are established for fresh shipments of California nectarines and peaches, respectively. Such requirements are in effect on a continuing basis. The NAC and PCC met on February 25, 2004, and unanimously recommended that the minimum net weight for loose-filled bulk bin containers be reduced from 400 to 100 pounds. This recommendation was presented to the committees by the Tree Fruit Quality Subcommittee after a thorough discussion at their February 4, 2004, meeting. A handler requested that the subcommittee review the current minimum net weight of bulk bin containers used for loose-filled shipments of nectarines and peaches. The subcommittee discussed the historical significance of the current minimum net weight of 400 pounds and deliberated the relative value of recommending various lighter net weights, as well. They determined that the optimum net weight for bulk bin containers was 100 pounds. Until recently, they noted, there were few, if any, shipments of nectarines and peaches in bulk bins. However, changes in the industry, improvements in containers, shipments of increasingly more mature fruit, and the demands of their retail customers have apparently improved the prospects for such shipments. In considering possible alternatives to this action, the subcommittee discussed varying minimum net weights, and the types and sizes of bulk bin containers currently available to the industry. While other alternatives were not rejected out of hand, the subcommittee reasoned that decreasing the current 400-pound minimum net weight to 100 pounds was a prudent option since the weight of the container constituted a minimum net weight, rather than a maximum net weight. Such a weight afforded increased protection of the fruit in the bin while providing increased flexibility for handlers who might want to experiment with varying weights, as their customers demanded. If a handler had customer requests for 125 pounds, that option would be available under the recommendations. If another handler had a request for 250 pounds, that option would also be available. The committees agreed with the Tree Fruit Quality Subcommittee's recommendation, except for establishing a trial period during the 2004 season. The committees voted unanimously to establish the revised minimum net weight of 100 pounds for bulk bin containers without the requirement for a trial during the 2004 season or an industry review at the end of the season. The committees make recommendations regarding all the revisions in handling requirements after considering all available information, including recommendations by various subcommittees, comments of persons at subcommittee and committee meetings, and comments received by committee staff. Such subcommittees include the Tree Fruit Quality and Research Subcommittees, and the Executive Committee. At the meetings, the impact of and alternatives to these recommendations are deliberated. These subcommittees, like the committees themselves, frequently consist of individual producers and packers with many years' experience in the industry, who are familiar with industry practices and trends. Like all committee meetings, subcommittee meetings are open to the public and comments are widely solicited. In the case of the Tree Fruit Quality Subcommittee, many growers and handlers who are affected by the issues discussed by the subcommittee attend and actively participate in the public deliberations. In fact, if a specific producer or handler is known to have an interest in one or more topics to be discussed, committee staff specifically invites him or her to the meetings to participate in the debate and provide information not already available to staff and the subcommittee, including information which may refute the staff's findings. This recommendation, in fact, resulted from a request made by a handler who was specifically invited by staff to take his concerns to the Tree Fruit Quality Subcommittee. In addition, minutes of all subcommittee and committee meetings are distributed to committee members and others who have requested them, thereby increasing the availability of information within the industry. The staff has surveyed committee members and others in the industry to determine each person's preference in receiving committee communications. Each person was given the opportunity to specify how he or she would like meeting agendas and other committee communications to be delivered: facsimile, electronic mail, and/or mailed hard copy. The staff is also preparing to make meeting minutes available on the committees' Web site, as well, where meeting agendas are currently available. This rule does not impose any additional reporting and recordkeeping requirements on either small or large packers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. In addition, the committees' meetings are widely publicized throughout the nectarine and peach industry and all interested parties are encouraged to attend and participate in committee deliberations on all issues. These meetings are held annually during the fall, late winter, and early spring. Like all committee meetings, the February 25, 2004, meetings were public meetings, and all entities, large and small, were encouraged to express views on these issues. These regulations were also reviewed and thoroughly discussed at a subcommittee meeting held on February 4, 2004. An interim final rule concerning this action was published in the **Federal Register** on April 14, 2004. Copies of the rule were provided to interested parties through the committees' Web site and through the Internet by USDA and the Office of the **Federal Register** . That rule provided for a 60-day comment period which ended June 14, 2004. One comment was received. The commenter stated that the revisions to the handling requirements for nectarines and peaches grown in California as presented in the interim final rule will allow handlers to better serve their buyers. He also asked that an exception for blush or red color for U.S. No. 1 nectarines currently permitted under the marketing order handling regulations be removed. According to the comment, recent revisions to § 51.3147 of the U.S. Standards for Grades of Nectarines (69 FR 9189, February 27, 2004) have eliminated the color requirement for U.S. No. 1 nectarines, making the exception in the nectarine marketing order regulations obsolete. For that reason, the exception in paragraph (a)(1) of § 916.356 will be removed. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at the following Web site: *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 matters presented, the information and recommendations submitted by the committees, and other information, it is found that finalizing the interim final rule, with a change, as published in the **Federal Register** (69 FR 19753, April 14, 2004) will tend to effectuate the declared policy of the Act. List of Subjects 7 CFR Part 916 Marketing agreements, Nectarines, Reporting and recordkeeping requirements. 7 CFR Part 917 Marketing agreements, Peaches, Pears, Reporting and recordkeeping requirements. PART 916—NECTARINES GROWN IN CALIFORNIA PART 917—FRESH PEARS AND PEACHES GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR parts 916 and 917, which was published at 69 FR 19753 on April 14, 2004, is adopted as a final rule with the following change to 7 CFR part 916: 1. The authority citation for 7 CFR parts 916 and 917 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 916.356, paragraph (a)(1), the introductory text is revised to read as follows: § 916.356 California Nectarine Grade and Size Regulation.
(a)* * *
(1)Any lot or package or container of any variety of nectarines unless such nectarines meet the requirements of U.S. No. 1 grade: *Provided* , That nectarines 2 inches in diameter or smaller, shall not have fairly light-colored, fairly smooth scars which exceed an aggregate area of a circle 3/8 inch in diameter, and nectarines larger than 2 inches in diameter shall not have fairly light-colored, fairly smooth scars which exceed an aggregate area of a circle 1/2 inch in diameter: *Provided further* , That an additional tolerance of 25 percent shall be permitted for fruit that is not well formed but not badly misshapen: *Provided further* , That during the period April 1 through October 31, 2004, any handler may handle nectarines if such nectarines meet “CA Utility” quality requirements. The term “CA Utility” means that not more than 40 percent of the nectarines in any container meet or exceed the requirements of the U.S. No. 1 grade, except that when more than 30 percent of the nectarines in any container meet or exceed the requirements of the U.S. No. 1 grade, the additional 10 percent shall have non-scoreable blemishes as determined when applying the U.S. Standards for Grades of Nectarines; and that such nectarines are mature and are: Dated: July 21, 2004. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 04-16940 Filed 7-23-04; 8:45 am]
Connectionstraces to 3
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- 7 USC 601-674
- 7 CFR 916
- 7 CFR 917
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Cite7 USC 601-674
Cite7 CFR 916
Cite7 CFR 917
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