Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-09-28.xml --- 69 187 Tuesday, September 28, 2004 Contents Agricultural Agricultural Marketing Service RULES Almonds grown in— California, 57820-57822 04-21628 Cherries

(tart)grown in— Michigan et al., 57816-57820 04-21631 Pears (winter) grown in— Oregon and Washington, 57813-57815 04-21630 Prunes (dried) produced in— California, 57824-57826 04-21627 Raisins produced from grapes grown in— California, 57822-57824 04-21629 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57900 04-21626 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Medicare & Medicaid Services RULES Standards and certification: Laboratory requirements— Cytology; gynecologic examinations; CFR correction, 57859 04-55517 Civil Civil Rights Commission NOTICES Meetings; State advisory committees Various States, 57901 04-21667 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: Caribbean Basin Trade Partnership Act; commercial availability— Woven, 100 percent cotton, double-napped flannel fabric, 57905-57906 04-21826 Caribbean Basin Trade Partnership Act; commercial availability— Circular single knit jersey fabric, 57904-57905 04-21751 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR): Accounting for unallowable costs, 58013-58016 04-21640 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Cooley Sportswear et al., 57901-57902 04-21641 Employee Employee Benefits Security Administration RULES Employee Retirement Income Security Act: Fiduciary responsibility; automatic rollover safe harbor, 58017-58029 04-21591 NOTICES Employee benefit plans; class exemptions: Individual retirement plans pursuant to automatic rollover of mandatory distribution; establishment, investment, and maintenance, 57964-57970 04-21592 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: President's High Growth Job Training Initiative; correction, 57970-57974 04-21659 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Hazardous waste program authorizations: Connecticut, 57842-57859 04-21495 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57907-57912 04-21702 04-21703 04-21704 04-21705 Meetings: Good Neighbor Environmental Board, 57912-57913 04-21706 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Class E airspace, 57839-57841 04-21736 04-21742 Restricted ares; correction, 57841-57842 04-21739 PROPOSED RULES Airworthiness directives: Boeing, 57884-57886 04-21648 Dassault, 57886-57888 04-21643 Empresa Brasileira de Aeronautica S.A. (EMBRAER); withdrawal, 57883, 57888-57892 04-21644 04-21647 Saab, 57892-57894 04-21645 NOTICES Meetings: RTCA, Inc., 58009 04-21740 Passenger facility charges; applications, etc.: San Antonio International Airport, TX, 58009-58010 04-21741 FCC Federal Communications Commission RULES Radio services; special: Extend interference protection to marine and aeronautical distress and safety frequency 406.025 MHz, 57859-57862 04-21513 Radio stations; table of assignments: Alabama; correction, 57862-57863 04-21725 Various States, 57863-57864 04-21727 PROPOSED RULES Radio stations; table of assignments: Oklahoma, 57898-57899 04-21728 Various States, 57897-57898 04-21726 NOTICES Agency information collection activities; proposals, submissions, and approvals, 57913-57914 04-21729 04-21731 Common carrier services: Access charges— Local exchange carriers; price cap performance review, etc., 57914 04-21732 Meetings: Technological Advisory Council, 57915 04-21730 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 57952-57953 04-21666 Disaster and emergency areas: Georgia, 57953 04-21663 Louisiana, 57953 04-21660 Mississippi, 57953-57954 04-21661 North Carolina, 57954 04-21662 Ohio, 57954-57955 04-21665 Pennsylvania, 57955-57956 04-21664 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electronic tariff filings; software availability and testing, 57896 04-21467 NOTICES Complaints filed: America West Airlines, Inc., et al., 57906 E4-2394 Environmental statements; availability, etc.: Upper North Fork Feather River Project, Plumas County, CA; meetings, 57906 E4-2393 Hydroelectric applications, 57907 E4-2392 Federal Financial Federal Financial Institutions Examination Council NOTICES Agency information collection activities; proposals, submissions, and approvals; request for comments, 04-21635 57915-57916 04-21636 04-21637 FMC Federal Maritime Commission NOTICES Investigations, hearings, petitions, etc.: American President Lines, Ltd., 57916-57917 04-21743 Federal Reserve Federal Reserve System RULES Availability of funds and collection of checks (Regulation CC): Check processing operations restructuring; amendments, 57837-57839 04-21632 Extensions of credit by Federal Reserve Banks (Regulation A): Primary and secondary credit— Rate increase, 57835-57836 04-21668 NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 57917 04-21634 Permissible nonbanking activities, 57917 04-21633 Reports and guidance documents; availability, etc.: Payments system risk; policy statements, 57917-57931 04-21669 FTC Federal Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 57931-57934 04-21686 04-21687 Premerger notification waiting periods; early terminations, 57934-57937 04-21688 Fish Fish and Wildlife Service NOTICES Marine mammal permit applications, 57903-57904 04-21689 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57937 04-21674 Biological products Patent extension; regulatory review period determinations— REYATAZ, 57937-57938 04-21625 Human drugs: Patent extension; regulatory review period determinations— KINERET, 57938-57939 04-21675 VISUDYNE, 57939-57940 04-21678 Meetings: Medical Device User Fee and Modernization Act of 2002; implementation; stakeholders, 57940-57941 04-21676 Reports and guidance documents; availability, etc.: Animal drug sponsor fees, 57941-57942 04-21677 Application user fees for combination products, 57942-57943 04-21673 Director of Center for Biologics Evaluation and Research; cumulative list of exceptions and alternative procedures to requirements regarding blood, 57943-57945 04-21624 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Sanders County, 57900-57901 04-21697 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Accounting for unallowable costs, 58013-58016 04-21640 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Meetings: National Infrastructure Advisory Council, 57951-57952 04-21690 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 57956 E4-2397 Federal Housing Administration: Debenture call, 57956-57957 04-21671 Industry Industry and Security Bureau PROPOSED RULES Export administration regulations: Agricultural commodities exported to Cuba; licensing procedures, 57894 04-21733 Foreign policy-based export controls, 57895-57896 04-21734 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Consolidated return regulations— Subsidiary stock disposition; extension of time to elect method for determining allowable loss; cross-reference; correction, 57897 04-21701 Controlled foreign corporations’ subpart F income; U.S. shareholder's pro rata share; determination guidance; correction, 57896-57897 04-21699 Justice Justice Department See Parole Commission RULES Executive Office for Immigration Review: Aliens with criminal convictions before April 1, 1997; relief from deportation or removal, 57826-57835 04-21605 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 57961-57964 04-21655 04-21656 04-21657 04-21658 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Central California, 57957 04-21746 Survey plat filings: Montana, 57957-57959 04-21642 Withdrawal and reservation of lands: Nevada, 57959-57960 04-21571 Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 57974 04-21775 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 57960-57961 04-21638 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Accounting for unallowable costs, 58013-58016 04-21640 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Combined Arts Advisory Panel, 57974 04-21620 Meetings; Sunshine Act, 57974-57975 04-21828 Senior Executive Service: Performance Review Board; membership, 57975 04-21693 National Highway National Highway Traffic Safety Administration RULES Civil monetary penalties; inflation adjustment, 57864-57867 04-21735 Motor vehicle safety standards: Defect and noncompliance— Early warning and customer satisfaction campaign documentation; reporting requirements, 57867-57869 04-21737 Registration of importers and importation of motor vehicles not certified as conforming to Federal standards; fee scheduled, 57869-57874 04-21723 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 04-21710 04-21711 57945-57946 04-21712 National Heart, Lung, and Blood Institute, 04-21715 57946 04-21716 National Institute of Child Health and Human Development, 57946-57947 04-21707 04-21708 04-21709 04-21717 57947-57948 04-21718 National Institute of Diabetes and Digestive and Kidney Diseases, 04-21719 57948-57949 04-21721 National Institute of Environmental Health Sciences, 57948 04-21720 Scientific Review Center, 04-21713 04-21714 57949-57951 04-21722 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 57882 04-21685 West Coast States and Western Pacific fisheries— Pacific coast groundfish, 57874-57882 04-21691 PROPOSED RULES Meetings: South Atlantic Fishery Management Council; public hearing, 57899 04-21692 NOTICES Meetings: New England Fishery Management Council, 57902-57903 E4-2400 South Atlantic Fishery Management Council, 57903 E4-2401 Permits: Marine mammals, 57903-57904 04-21689 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Medical Uses of Isotopes Advisory Committee, 57977-57978 04-21653 Meetings; Sunshine Act, 57978 04-21767 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 57978-57999 04-21345 *Applications, hearings, determinations, etc.:* Florida Power & Light Co., 57975-57977 04-21652 Safety Light Corp., 57977 04-21654 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Parole Parole Commission NOTICES Meetings; Sunshine Act, 57961 04-21811 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Family Day (Proc. 7820), 58031-58034 04-21890 ADMINISTRATIVE ORDERS Narcotics and drugs: Determination identifying major drug transit or major illicit drug producing countries (Presidential Determination 2004-47 of September 15, 2004), 57809-57811 04-21801 President's President's Council on Integrity and Efficiency NOTICES Senior Executive Service: Performance Review Board; membership, 57999-58001 04-21683 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 58001-58005 E4-2402 Pacific Exchange, Inc., 58005 E4-2395 Philadelphia Stock Exchange, Inc., 58006-58008 E4-2396 E4-2398 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Peoria and Pekin Union Railway Co., 58010 04-21679 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee: European Union; rice import regime changes; potential tariff concessions withdrawals and applied duties increase; public hearing and comment request List of goods; additions; comment request, 58008-58009 04-21762 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Senior Executive Service: Performance Review Board; membership, 58010-58011 04-21623 Separate Parts In This Issue Part II Defense Department; General Services Administration; National Aeronautics and Space Administration, 58013-58016 04-21640 Part III Labor Department, Employee Benefits Security Administration, 58017-58029 04-21591 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. 69 187 Tuesday, September 28, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 927 [Docket No. FV04-927-2 FR] Winter Pears Grown in Oregon and Washington; Decrease of a Continuing Supplemental Assessment Rate for the Beurre d'Anjou Variety of Pears Grown in Oregon and Washington AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule decreases the continuing supplemental assessment rate established for the Winter Pear Control Committee (Committee) for the 2004-2005 and subsequent fiscal periods from $0.03 to $0.01 per 44-pound standard box or container equivalent of the Beurre d'Anjou variety of pears (d'Anjou pears) handled, excluding organically produced d'Anjou pears. The Committee locally administers the marketing order which regulates the handling of winter pears grown in Oregon and Washington. Authorization for a supplemental assessment rate on individual varieties or subvarieties of winter pears enables the Committee to fund authorized projects for these varieties. The fiscal period began July 1 and ends June 30. The supplemental assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective September 29, 2004. FOR FURTHER INFORMATION CONTACT: Susan M. Hiller, Northwest Marketing Field Office, Fruit and Vegetable Programs, AMS, USDA, 1220 SW. Third Avenue, suite 385, Portland, Oregon 97204-2807; telephone:

(503)326-2724, Fax:

(503)326-7440; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone:

(202)720-2491, Fax:

(202)720-8938. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone:

(202)720-2491, Fax:

(202)720-8938, or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 89 and Order No. 927, both as amended (7 CFR part 927), regulating the handling of winter pears grown in Oregon and Washington, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Oregon and Washington winter pear handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the supplemental assessment rate will be applicable to all assessable d'Anjou pears, excluding organically produced d'Anjou pears, beginning on July 1, 2004, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule decreases the supplemental assessment rate established for the Committee for the 2004-2005 and subsequent fiscal periods from $0.03 to $0.01 per 44-pound standard box or container equivalent of d'Anjou pears, excluding organically produced d'Anjou pears. The $0.01 supplemental assessment rate on conventionally produced (pears that are not organically produced) and handled d'Anjou pears is in addition to the continuing base assessment rate of $0.49 per 44-pound standard box or container equivalent established for the 1998-1999 and subsequent fiscal periods, which pertains to all winter pears handled under the order (63 FR 46633; September 2, 1998). The supplemental rate of $0.03 per 44-pound standard box or container equivalent was established at 67 FR 5438; February 6, 2002. The order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The order also provides authority to fix supplemental rates of assessment on individual varieties or subvarieties to secure sufficient funds to provide for projects authorized under § 927.47. Section 927.47 provides authority for the establishment of production research, or marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption of pears. The members of the Committee are growers and handlers of Oregon and Washington winter pears. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rates. The assessment rates are formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. The Committee met on June 4, 2004, and unanimously recommended 2004-2005 expenditures of $7,302,905 and reconfirmed the continuing base assessment rate of $0.49 per 44-pound standard box or container equivalent of winter pears established for the 1998-1999 and subsequent fiscal periods. The Committee also recommended a supplemental assessment rate of $0.01 per 44-pound standard box or container equivalent of d'Anjou pears, excluding organically produced d'Anjou pears. In comparison, last year's budgeted expenditures were $8,320,989. The Committee shares management and other expenses with the Pear Bureau Northwest and the Northwest Fresh Bartlett Pear Marketing Committee (7 CFR part 931) under a management agreement. The major expenditures recommended by the Committee for the 2004-2005 fiscal period include $339,905 for shared expenses (salaries and benefits, insurance, office rent, equipment rental and maintenance, office supplies, telephone, postage, and similar expenses); $290,000 for production research, and market research and development; $110,000 for Ethoxyquin data research; $183,000 for program expenses (compliance and education, committee meetings, office equipment purchases, industry development, and computer programs); and $6,380,000 for paid advertising. Budgeted expenses for these items in 2003-2004 were $329,989, $324,000, $360,000, $179,000, and $7,128,000, respectively. Under this final rule, conventionally produced and handled d'Anjou pears will be assessed at a total rate of $0.50 per 44-pound standard box or container equivalent, while all other varieties of winter pears, including organically produced d'Anjou pears, will be assessed at the currently established rate of $0.49 per 44-pound standard box or container equivalent. The Committee estimates that of the 14,500,000 44-pound standard boxes or container equivalents of winter pears projected for utilization during the 2004-2005 fiscal period, 11,000,000 44-pound standard boxes or container equivalents will be conventionally produced pears of the d'Anjou variety. While the income derived from the base assessment rate will continue to fund the Committee's administrative and promotional activities, income derived from the supplemental assessment rate will be used exclusively to fund the collection of data on Ethoxyquin residue on stored d'Anjou pears. Ethoxyquin is an antioxidant that is registered for use on pears for controlling superficial scald, a physiological disease affecting the appearance of certain varieties of stored pears. The supplemental assessment rate will not be applicable to d'Anjou pears that are organically produced, because Ethoxyquin is not used in their handling and storage. Assessment income for the 2004-2005 fiscal period is expected to total $7,215,000. Income from the $0.49 base assessment rate is estimated at $7,105,000, calculated on estimated shipments of 14,500,000 44-pound standard boxes or container equivalents. In addition, income from the $0.01 supplemental assessment rate is estimated at $110,000, calculated on estimated shipments of 11,000,000 44-pound standard boxes or container equivalents. The supplemental assessment rate of $0.01 is $0.02 lower than the rate currently in effect. The Committee recommended a decreased supplemental assessment rate due to the projected reduced cost for the final stage of the Ethoxyquin data research. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve will be adequate to cover budgeted expenses. Funds in the reserve (currently $440,550) will be kept within the maximum permitted by the order of approximately one fiscal period's expenses (§ 927.42). The continuing base assessment rate and the decreased supplemental assessment rate of $0.01 will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although the supplemental assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of either the base assessment rate or the supplemental assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2004-2005 budget and those for subsequent fiscal periods would be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 1,753 growers of winter pears in Oregon and Washington and approximately 50 handlers subject to regulation under the marketing order. Small agricultural growers are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $5,000,000. According to the *Noncitrus Fruits and Nuts, 2003 Preliminary Summary* issued in January 2004 by the National Agricultural Statistics Service, the total farm gate value of winter pears in the regulated production area for 2003 was $135,492,000. Therefore, the 2003 average gross revenue for a winter pear grower in the regulated production area was $77,292. Further, based on Committee records and recent f.o.b. prices for winter pears, over 76 percent of the regulated handlers ship less than $5,000,000 worth of winter pears on an annual basis. Based on this information it can be concluded that the majority of growers and handlers of winter pears in the States of Oregon and Washington may be classified as small entities. This rule decreases the supplemental assessment rate established for the Committee and collected from handlers for the 2004-2005 and subsequent fiscal periods from $0.03 to $0.01 per 44-pound standard box or container equivalent of d'Anjou pears, excluding organically produced d'Anjou pears. The Committee unanimously recommended the supplemental assessment rate decrease and 2004-2005 expenditures of $7,302,905, and reconfirmed the continuing base assessment rate of $0.49 per 44-pound standard box or container equivalent of winter pears established for the 1998-1999 and subsequent fiscal periods. The Committee shares management and other expenses with the Pear Bureau Northwest and the Northwest Fresh Bartlett Pear Marketing Committee (7 CFR part 931) under a management agreement. The major expenditures recommended by the Committee for the 2004-2005 fiscal period include $339,905 for shared expenses (salaries and benefits, insurance, office rent, equipment rental and maintenance, office supplies, telephone, postage, and similar expenses); $290,000 for production research, and market research and development; $110,000 for Ethoxyquin data research; $183,000 for program expenses (compliance and education, committee meetings, office equipment purchases, industry development, and computer programs); and $6,380,000 for paid advertising. Budgeted expenses for these items in 2003-2004 were $329,989, $324,000, $360,000, $179,000, and $7,128,000, respectively. Assessment income for the 2004-2005 fiscal period is expected to total $7,215,000. Income from the $0.49 base assessment rate is estimated at $7,105,000, calculated on estimated shipments of 14,500,000 44-pound standard boxes or container equivalents. In addition, income from the $0.01 supplemental assessment rate is estimated at $110,000, calculated on estimated shipments of 11,000,000 44-pound standard boxes or container equivalents. The supplemental assessment rate of $0.01 is $0.02 lower than the rate in effect prior to this action. The Committee recommended a decreased supplemental assessment rate due to the projected reduced cost for the final stage of the Ethoxyquin data research. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve will be adequate to cover budgeted expenses. Funds in the reserve (currently $440,550) will be kept within the maximum permitted by the order of approximately one fiscal period's expenses (§ 927.42). The Committee reviewed and unanimously recommended 2004-2005 expenditures of $7,302,905 which includes increases in shared expenses and program expenses, and decreases in production research, and market research and development, Ethoxyquin data research, and paid advertising expenses. Prior to arriving at this budget, alternative expenditure and assessment levels were discussed by the Committee. Based upon the projected reduced cost for the final stage of the Ethoxyquin data research, the Committee recommended a reduction in the supplemental assessment rate. Ethoxyquin is not used in the handling and storage of organically produced d'Anjou pears, thus they were excluded from the Committee's supplemental assessment rate recommendation. A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the grower price for the 2004-2005 fiscal period could range between $5.80 and $7.35 per standard box of winter pears. Therefore, the estimated assessment revenue for the 2004-2005 fiscal period, inclusive of revenue from both the base assessment rate and the supplemental assessment rate, as a percentage of total grower revenue could range between 6.8 and 8.6 percent. This action will decrease the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to growers. However, the decreased supplemental assessment rate should reduce the burden on handlers, and may reduce the burden on growers. In addition, the Committee's meeting was widely publicized throughout the Oregon and Washington winter pear industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the June 4, 2004, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons were invited to submit information on the regulatory and informational impacts of this action on small businesses. This rule will impose no additional reporting or recordkeeping requirements on either small or large Oregon and Washington winter pear handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. A proposed rule concerning this action was published in the **Federal Register** on August 16, 2004 (69 FR 50334). Copies of the proposed rule were also mailed or sent via facsimile to all winter pear handlers. Finally, the proposal was made available through the Internet by the Office of Federal Register and USDA. A 20-day comment period ending September 7, 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 Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the act. Pursuant to 5 U.S.C. 553, it is 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:

(1)The 2004-2005 fiscal period began on July 1, 2004, and the marketing order requires that the rates of assessment for each fiscal period apply to all assessable winter pears handled during such fiscal period;

(2)this rule decreases the supplemental assessment rate for assessable d'Anjou pears beginning with the 2004-2005 fiscal period; and

(3)handlers are aware of this action which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years. Also, a 20-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 927 Marketing agreements, Pears, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 927 is amended as follows: PART 927—WINTER PEARS GROWN IN OREGON AND WASHINGTON 1. The authority citation for 7 CFR part 927 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 927.236 is revised to read as follows: § 927.236 Assessment rate. On and after July 1, 2004, an assessment rate of $0.49 per 44-pound standard box or container equivalent of conventionally and organically produced pears and, in addition, a supplemental assessment rate of $0.01 per 44-pound standard box or container equivalent of Beurre d'Anjou variety pears, excluding organically produced Beurre d'Anjou pears, is established for the Winter Pear Control Committee. Dated: September 22, 2004. A. J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 04-21630 Filed 9-27-04; 8:45 am]

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