Unknown. Final rule

4,850 words·~22 min read·/register/2004/09/03/04-20107

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-09-03.xml --- 69 171 Friday, September 3, 2004 Contents Agricultural Agricultural Marketing Service RULES Nectarines and peaches grown in— California, 53791-53794 04-20107 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Food and Nutrition Service See Natural Resources Conservation Service Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Portable thermocycler, 53901 04-20112 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 53924-53925 04-20242 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 53805-53807 04-20118 Vessel documentation and measurement: Lease financing for coastwise trade, 53838 04-20117 NOTICES Meetings:

Towing Safety Advisory Committee, 53932-53933 04-20116 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 53883-53885 04-20142 04-20160 Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.:

New Mexico Tebuthiuron Program, 53880-53882 04-20108 Defense Defense Department See Army Department NOTICES Meetings: Science Advisory Board, 53895 04-20113 Travel per diem rates, civilian personnel; changes, 53895-53900 04-20114 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53901 E4-2071 Grants and cooperative agreements; availability, etc.: Postsecondary education— Student Support Services Program, 53901-53902 04-20196 Technological Innovation and Cooperation for Foreign Information Access Program, 53902-53905 E4-2070 Meetings:

Foreign Medical Education and Accreditation National Committee; correction, 53905 04-20111 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 53905 04-20233 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 53947-53949 04-19885 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Secondary aluminum production, 53979-53986 04-20128 Air quality implementation plans; approval and promulgation; various States: California; correction, 53835 04-20136 PROPOSED RULES Air pollutants, hazardous; national emission standards: Secondary aluminum production, 53986-53988 04-20129 Pesticide programs: Pesticides use under emergency conditions; emergency exemption process; revisions, 53866-53879 04-20038 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 53914-53915 04-20143 Weekly receipts, 53915-53916 04-20145 Meetings:

Acute Exposure Guideline Levels for Hazardous Substances National Advisory Committee, 53916-53917 04-20138 FAA Federal Aviation Administration RULES Airworthiness directives: McDonnell Douglas, 53794-53795 04-20015 Class D and E airspace; correction, 53976 C4-19375 Restricted areas, 53795-53798 04-20172 04-20173 Standard instrument approach procedures, 53798-53800 04-20060 PROPOSED RULES Airworthiness directives: Boeing, 53848-53853, 53855-53860 04-20122 04-20124 04-20125 McDonnell Douglas, 53853-53855 04-20123 Saab, 53846-53848 04-20121 Airworthiness standards:

Special conditions— Airbus model A330, A340-200, and A340-300 series airplanes, 53841-53846 04-20170 Colored Federal airways, 53860-53861 04-20175 VOR Federal airways; withdrawn, 53861-53862 04-20171 NOTICES Aeronautical land-use assurance; waivers: Fort Wayne International Airport, IN, 53972-53973 04-20177 Reports and guidance documents; availability, etc.: Endurance test; policy statement, 53973 04-20176 FCC Federal Communications Commission RULES Television broadcasting: Cable Television Consumer Protection and Competition Act— Direct broadcast satellite public interest obligations, 53838-53839 04-20164 NOTICES Common carrier services:

Federal-State Joint Board on Universal Services— Rural high-cost universal service support, 53917-53923 04-20163 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: Minnesota, 53835-53838 04-20099 NOTICES Disaster and emergency areas: Florida, 53933 04-20102 Nevada, 53933-53934 04-20101 Northern Mariana Islands, 04-20100 53934-53935 04-20104 Pennsylvania, 53935 04-20103 Federal Energy Federal Energy Regulatory Commission RULES Oil pipeline companies (Interstate Commerce Act):

Oil pipeline rate methodologies and procedures; oil pipeline rate index, 53800-53801 04-20084 NOTICES Electric rate and corporate regulation filings, 53910-53912 E4-2048 Hydroelectric applications, 53912 E4-2054 Meetings: American Wind Energy Association; technical conference, 53912-53913 E4-2056 North American Electric Reliability Council; reliability readiness reviews; technical conference, 53913 E4-2055 Pacific Gas & Electric Co.; technical conference, 53913-53914 E4-2052 Off-the-record communications, 53914 E4-2058 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission, LLC, et al., 53905-53906 E4-2057 E4-2062 American Transmission Co., LLC, et al., 53906-53907 E4-2049 ANR Pipeline Co., 53907 E4-2064 Central Iowa Power Cooperative et al., 53907-53908 E4-2050 Columbia Gas Transmission Corp., et al., 53908 E4-2065 Green Mountain Power Corp., 53908 E4-2051 Gulfstream Natural Gas System, L.L.C., 53909 E4-2059 E4-2061 MidAmerican Energy Co., 53909-53910 E4-2053 Natural Gas Pipeline Co. of America, 53910 E4-2060 Northern Natural Gas Co., 53910 E4-2063 Fish Fish and Wildlife Service RULES Migratory bird hunting:

Federal Indian reservations, off-reservation trust lands, and ceded lands, 53989-53998 04-20127 Food Food and Drug Administration RULES Human drugs: Labeling of drug products (OTC)— Standardized format; implementation date delay, 53801-53804 04-18842 NOTICES Animal drugs, feeds, and related products: Ivermectin and praziquantel oral paste, 53925 04-20178 Meetings: Vaccines and Related Biological Products Advisory Committee, 53925-53926 04-20179 Food Food and Nutrition Service NOTICES Food distribution programs:

Emergency Food Assistance Program; commodities availability, 53882-53883 04-20078 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Alabama Bender Shipbuilding and Repair Co.; shipbuilding and repair activity, 53885 04-20156 California Galloway Golf Co; golf club manufacturing and warehousing facilities, 53885-53886 04-20152 New York Festo Corp.; pneumatic industrial automation components manufacturing facilities, 53886 04-20155 Puerto Rico, 53886-53887 04-20153 Texas, 53887 04-20154 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 53923 04-20083 Meetings:

Medicare Trustee Reports Technical Advisory Panel, 53924 04-20161 Health Health Resources and Services Administration NOTICES Reports and guidance documents; availability, etc.: Federal Tort Claims Act coverage of free clinic volunteer health care professionals, 53926 04-20180 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Immigration and Customs Enforcement Bureau Housing Housing and Urban Development Department RULES Debarment and suspension (nonprocurement) and drug-free workplace (grants):

Governmentwide requirements— Ultimate beneficiaries definition, 53977-53978 04-20075 NOTICES Agency information collection activities; proposals, submissions, and approvals, 53936-53938 04-20076 04-20077 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal property, 53938 04-19861 Immigration and Customs Enforcement Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 53935-53936 04-20109 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:

Partnership transactions involving long-term contracts; accounting method Correction, 53804 04-20166 PROPOSED RULES Estate and gift taxes: Generation-skipping transfer tax; predeceased parent rule; public hearing, 53862-53866 04-20165 NOTICES Meetings: Taxpayer Advocacy Panels, 53975 04-20167 International International Trade Administration NOTICES Antidumping: Structural steel beams from— Korea, 53887-53892 E4-2069 International International Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 53944 04-20080 Import investigations:

Barbed wire and barbless wire strand— Argentina, 53944 04-20079 Medical devices used to compact inner bone tissue and products containing same, 53944-53945 04-20082 Point of sale terminals and components, 53945-53946 04-20144 Stainless steal plate from— Various countries, 53946-53947 04-20081 Justice Justice Department See Prisons Bureau Labor Labor Department See Employment Standards Administration See Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 53947 04-20105 Labor Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 53949 04-20106 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

National Petroleum Reserve and Colville River Delta, AK; Alpine Satellite Development Plan, 53938-53940 04-20036 Environmental statements; notice of intent: Adams County et al., ID; Cottonwood Resource Management Plan, 53940-53941 04-19607 Environmental statements; record of decision: Black Rock Desert-High Rock Canyon Emigrant Trails National Conservation Area, NV, 53941 04-19606 Resource management plans, etc.: Coeur d’ Alene Field Office planning area, ID, 53941-53942 04-19916 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 53949-53951 04-20266 04-20267 04-20268 04-20269 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 53926-53927 04-20087 04-20092 National Center for Minority Health and Health Disparities, 53927 04-20091 National Heart, Lung, and Blood Institute, 53927-53928 04-20085 National Institute of Child Health and Human Development, 53928-53929 04-20088 04-20089 National Institute on Deafness and Other Communication Disorders, 53928 04-20086 Scientific Review Center, 53929-53930 04-20090 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Reata Discovery, Inc., 53930 04-20093 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Summer flounder, 53839-53840 04-20141 NOTICES Environmental statements; notice of intent: Columbia River basin hatcheries funding and operation, 53892-53893 04-20157 Gulf of Mexico reef fish resources, 53893 04-20158 Meetings: South Atlantic Fishery Management Council, 53893-53895 04-20159 National Park National Park Service NOTICES Environmental statements; notice of intent:

Apostle Islands National Lakeshore, WI; general management plan, 53942-53943 04-20023 Environmental statements; record of decision: Apostle Islands National Lakeshore, WI; wilderness study, 53943-53944 04-20022 NRCS Natural Resources Conservation Service NOTICES Meetings: Resource Conservation and Development Program, 53883 04-20094 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 53951 04-20195 Patent Patent and Trademark Office NOTICES Committees; establishment, renewal, termination, etc.:

Patent Public Advisory Committee and Trademark Public Advisory Committee, 53895 04-20110 Postal Postal Service RULES Domestic Mail Manual: Wall-mounted centralized mail receptacles; design standards, 53808-53834 04-19781 Prisons Prisons Bureau RULES Inmate control, custody, care, etc.: Over-the-counter

(OTC)medications; inmate access Correction, 53804-53805 04-20097 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 53951-53952 04-20215 Public Utility Holding Company Act of 1935 filings, 53952-53963 E4-2047 E4-2068 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 53963-53966 E4-2067 Boston Stock Exchange, Inc., 53966-53969 E4-2066 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 53969 04-20148 Art objects; importation for exhibition: Asian Games: The Art of Contest, 53969-53970 04-20150 Peter Paul Rubens (1577-1640): The Drawings, 53970 04-20151 Spain in the Age of Exploration (1492-1819), 53970 04-20149 Cultural property: China; Paleolithic to Qing Dynasty archaeological material; U.S. import restrictions, 53970 04-20146 Meetings: Shipping Coordinating Committe, 53971 04-20147 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 53930-53932 04-19840 04-19841 Surface Surface Transportation Board NOTICES Railroad services abandonment: Twin State Railroad Co., 53973-53974 04-20034 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board See Transportation Statistics Bureau NOTICES Privacy Act: Systems of records, 53971-53972 04-20169 Transportation Transportation Statistics Bureau NOTICES Meetings: Transportation Statistics Advisory Council, 53974-53975 04-20168 Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department RULES Board of Veterans Appeals: Appeals regulations and rules of practice— Obtaining evidence and curing procedural defects, 53807-53808 04-19693 Separate Parts In This Issue Part II Housing and Urban Development Department, 53977-53978 04-20075 Part III Environmental Protection Agency, 53979-53988 04-20128 04-20129 Part IV Interior Department, Fish and Wildlife Service, 53989-53998 04-20127 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. 69 171 Friday, September 3, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 916 and 917 [Docket No. FV04-916/917-03 FR] Nectarines and Peaches Grown in California; Revision of Reporting Requirements for Fresh Nectarines and Peaches AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule revises the reporting requirements in the rules and regulations of the marketing orders (orders) for fresh nectarines and peaches grown in California. The orders regulate the handling of nectarines and peaches grown in California and are administered locally by the Nectarine Administrative and Peach Commodity Committees (committees). Under the orders, authority is provided for the committees to require handlers to file reports on their shipments of fresh nectarines and peaches. This rule revises the current shipment report to require handlers to include new information on the growers whose fruit the handler handles annually. The new information enhances committee communications and facilitates the development of a simplified ballot for referenda. DATES: Effective Date: This final rule becomes effective September 4, 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 compliance with this regulation, or obtain a guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders 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)205-8938; or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing Agreements 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. The marketing agreements and 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 final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule revises the orders' rules and regulations pertaining to reporting requirements by revising the current handler shipment report for fresh nectarines and peaches. Handlers will be required to report the names, addresses, telephone numbers, and any available facsimile numbers and e-mail addresses for the growers who produced the nectarines and/or peaches the handlers shipped during the season. Handlers will also be required to report the nectarine and/or peach volumes of each of their growers annually. This change was unanimously recommended by the committees at their meetings on February 25, 2004. In §§ 916.60 and 917.50 of the orders, authority is provided for the committees to require handlers to file reports with the committees. The information authorized includes, but is not limited to:

(1)The name of the shipper and the shipping point;

(2)the car or truck license number (or name of the trucker), and identification of the carrier;

(3)the date and time of departure;

(4)the number and type of containers in the shipment;

(5)the quantities shipped, showing separately the variety, grade, and size of the fruit;

(6)the destination; and

(7)the identification of the inspection certificate or waiver pursuant to which the fruit was handled. The nectarine order also requires that handlers supply the committee with other information, pursuant to paragraph

(b)of §§ 916.60, which states, in part: “Upon request of the committee, made with the approval of the Secretary, each handler shall furnish to the committee, in such manner and at such times as it may prescribe, such other information as may be necessary to enable the committee to perform its duties under this part.” The requirement under the peach order is similar in paragraph

(b)of § 917.50, which states, in part, “Upon request of any committee, made with the approval of the Secretary, each handler shall furnish to the Manager of the Control Committee, in such manner and at such times as it may prescribe, such other information as may be necessary to enable the committee to perform its duties under this part.” Under paragraph

(b)of §§ 916.160 and 917.178 of the orders' rules and regulations, the requirement for a shipment report is specified, and information required on the report and a due date for submission of the report are established, as well. With this final rule, paragraph

(b)in §§ 916.160 and 917.178 is amended to add the requirement that handlers begin reporting each of their grower's annual nectarine and/or peach volumes by including the grower's name, address, telephone number, facsimile number (if applicable), e-mail address (if applicable), and total volumes in 25-pound containers or container equivalent units. At their February 25, 2004, meetings, the Nectarine Administrative Committee and the Peach Commodity Committee discussed the merits of revising the current shipment reports. The committees considered including information about varieties and styles of pack for each handler's growers. After some discussion about the proposed new information, it was determined that varietal and pack style information was unnecessary as long as each grower's total volume was required. The committees, then, unanimously recommended amending the existing shipment reports to include the name, address, telephone number, facsimile number (if applicable), e-mail address (if applicable), and volume of nectarines and/or peaches each handler handled annually on behalf of each of their growers. The committees believe that having such information allows them to communicate more effectively and efficiently with growers. Material distributed by the committees includes information such as: Production and post-harvest research; proposed and existing regulatory requirements under the marketing orders, and requirements of local, county, State, or other Federal agencies; surveys about research needs; crop estimates; seasonal packout information; annual reports; meeting notices; and meeting minutes, etc. The grower information provides the committees with more complete information on the growers that constitute their respective industries. More importantly, the committees will have information on each grower's volume of fruit, which will help the committees make more accurate crop estimates and compute seasonal packout totals. According to the committees, such information also permits USDA to simplify continuance referendum ballots that are used to determine whether growers support the continuation of the marketing orders. These referenda are required under the orders every four years. USDA considers termination of the marketing orders if less than two-thirds of those voting and less than two-thirds of the volume represented in the referendum favor continuance. Currently, the ballot requires growers to list the total volume of nectarines and/or peaches that he or she produced during a representative period (usually the crop year preceding the referendum) by container type. This information is necessary to ensure that each grower's vote is properly weighted by the volume of fruit he or she produced. However, growers have complained that the ballot is confusing and difficult to complete partly because of the requirement for each grower to provide volume information. The committees believe that elimination of this requirement from the ballot will not only simplify the ballot, but also encourage more growers to vote. USDA may now simplify the ballot by removing the requirement for grower volume information; the committee staff, based upon information from the revised shipment report, can now provide that information to USDA to facilitate vote tabulations in the next referendum. However, in the event that a handler fails to file a shipment report, his or her growers will be required to provide the volume of nectarines and/or peaches that were packed during the representative period, as part of the tabulation process. Producer ballots on order amendments, as well, will be similarly changed by USDA to foster more producer participation. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), 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. There are approximately 250 California nectarine and peach handlers subject to regulation under the orders covering 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, which include handlers, as those whose annual receipts are less than $5,000,000. Small agricultural producers are defined as those having annual receipts of less than $750,000. 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 packers within the industry. The committees' staff also has 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 level 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. This final rule revises §§ 916.160 and 917.178 of the orders' administrative rules and regulations to require handlers to provide information annually about growers who grew the fruit they handled. The handlers will be required to list each grower's name, address, telephone number, facsimile number (if applicable), and e-mail address (if applicable). Additionally, the handlers will be required to list the volume of nectarines and/or peaches handled (in containers or container equivalents) for each of their growers. Information obtained from such reports is expected to improve communications within the industry and facilitate the development of simplified continuance referendum and amendatory ballots. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), AMS is seeking OMB approval of a new information collection. The new information collection would not become effective until OMB approves of the additional information collection. Upon OMB approval of the new information collection, the reports would be merged into 0581-0189. An alternative to this action is to continue operations without requiring grower information. However, having such grower information enhances communication in the industry and may promote industry cohesion. Committee members agreed that the value of having grower information outweighed the burden on handlers of filing such reports by allowing the committees to more effectively target information and communications to growers. In addition, when e-mail addresses are provided, much of the information that the committees now mail to the industry could be sent electronically, thereby reducing committee administrative costs. During the deliberations, some committee members indicated their concern that confidentiality of the required information would not be maintained. However, such information is available only to committee staff members, who are required by §§ 916.60(d) and 917.50(d) to maintain confidentiality of all reports and records submitted by handlers. Further, a confidentiality statement will be provided on each form. Other concerns about confidentiality were addressed by not requiring handlers to report the volume handled by variety and style of pack. By limiting the quantity reported by the handler to the total volume handled for each of the handler's growers, members felt that confidentiality was better assured. The committee meetings on February 25 were widely publicized throughout the tree fruit industry and all interested persons were invited to express their views and participate in committee deliberations. Like all committee meetings, the February 25, 2004, meetings were public meetings, and all entities, large and small, were able to express their views on this issue. Meeting notices were provided to committee members and other interested persons both by mail and through the committee website. Finally, interested persons were invited to submit information on the regulatory and informational impacts of this action on small businesses. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information collection requirements and duplication by industry and public sector agencies. A proposed rule concerning this action was published in the **Federal Register** on May 28, 2004 (69 FR 30597). Copies of the rule were provided to the industry through a link on the committees' website, as well as through the Internet by USDA and the Office of the Federal Register. A 60-day comment period ending on July 27, 2004 was provided to allow interested persons to respond to the proposal. No comments were received. Accordingly, no changes will be made to the rule as proposed. 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, including the information and recommendations submitted by the committees 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. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) because handlers are already receiving nectarines and peaches from growers and will need to begin collecting complete grower information as soon as possible for submission to the committees by November 15. Further, handlers are aware of this rule, which was recommended at public meetings, and interested persons were provided 60 days in the proposed rule to submit comments. 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. For the reasons set forth in the preamble, 7 CFR parts 916 and 917 are amended as follows: 1. The authority citation for 7 CFR parts 916 and 917 continues to read as follows: Authority: 7 U.S.C. 601-674. PART 916—NECTARINES GROWN IN CALIFORNIA 2. In § 916.160, paragraph

(b)is revised to read as follows: § 916.160 Reporting procedure.

(b)*Recapitulation of shipments* . Each shipper of nectarines shall furnish to the manager of the Nectarine Administrative Committee not later than November 15 of each year a recapitulation of shipments of each variety shipped during the just-completed season. The recapitulation shall show: The name of the shipper, the shipping point, the district of origin, the variety, and the number of packages, by size, for each container type. Each shipper also shall furnish to the manager not later than November 15, a recapitulation of shipments by that shipper's growers showing: each grower's name, address, telephone number, facsimile number (if applicable), and e-mail address (if applicable), and the total number of packages shipped by container or container equivalents for each grower. PART 917—PEACHES GROWN IN CALIFORNIA 3. In § 917.178, paragraph

(b)is revised to read as follows: § 917.178 Peaches.

(b)*Recapitulation of shipments* . Each shipper of peaches shall furnish to the manager of the Control Committee not later than November 15 of each year a recapitulation of shipments of each variety shipped during the just-completed season. The recapitulation shall show: The name of the shipper, the shipping point, the district of origin, the variety, and the number of packages, by size, for each container type. Each shipper also shall furnish to the manager not later than November 15, a recapitulation of shipments by that shipper's growers showing: each grower's name, address, telephone number, facsimile number (if applicable), and e-mail address (if applicable), and the total number of packages shipped by container or container equivalents for each grower. Dated: August 30, 2004. Kenneth C. Clayton, Associate Administrator, Agricultural Marketing Service. [FR Doc. 04-20107 Filed 9-2-04; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

CFR