Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-10-14.xml --- 69 198 Thursday, October 14, 2004 Contents Agricultural Agricultural Marketing Service RULES Dates (domestic) produced or packed in— California, 60947-60949 04-23042 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 60990 04-22980 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals; comment requests, 61019-61020 04-23023 04-23024 Grants and cooperative agreements; availability, etc.:

Minority Communities; National Diabetes Education Program; correction, 61085 C4-22259 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 61020-61021 04-23022 04-23025 Citizenship Citizenship and Immigration Services Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 61034 04-23040 Coast Guard Coast Guard NOTICES Meetings: Lower Mississippi River Waterway Safety Advisory Committee, 61034-61035 04-23066 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60978-60980 04-23007 04-23008 04-23009 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 60988-60989 04-22968 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 61035 04-23041 Defense Defense Department See Air Force Department RULES Federal Acquisition Regulation (FAR):

Introduction; technical amendments Correction, 60967 04-22964 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-22971 60989-60990 04-22979 Defense Defense Nuclear Facilities Safety Board NOTICES Senior Executive Service: Performance Review Board; membership, 60990 04-23091 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cambrex North Brunswick, Inc., 61043 04-23056 Cerilliant Corp., 61043-61045 04-23053 04-23054 Cody Laboratories, Inc., 61045 04-23055 Penick Corp., 61045 04-23060 Siegfried, Inc., 61045-61046 04-23059 Education Education Department NOTICES Meetings:

Indian Education National Advisory Council, 60990-60991 04-22977 Institutional Quality and Integrity National Advisory Committee, 60991-60994 04-23017 Postsecondary education: Accrediting agencies and State approval agencies for vocational and nurse education institutions; national recognition, 60994-60995 04-23018 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61047 04-23016 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61047-61048 E4-2604 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California, 60962-60964 04-22956 Hazardous waste program authorizations: Florida, 60964-60967 04-22590 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 60974-60975 04-22957 Hazardous waste program authorizations: Florida, 60975 04-22591 NOTICES Air pollution control; new motor vehicles and engines: California pollution control standards— Off-cycle emission test requirements; Federal preemption waiver, 60995-60996 04-23035 Meetings:

Clean Air Compliance Analysis Advisory Council, 60996 04-23036 Science Advisory Board, 60996-60997 04-23037 Privacy Act: Systems of records, 60997-60998 04-23033 Superfund; response and remedial actions, proposed settlements, etc.: Forty-Third Street Bay Drum Site, FL, 60999 04-23034 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 60999-61016 04-22976 FAA Federal Aviation Administration RULES Airworthiness directives:

Hartzell Propeller Inc., 60952-60954 04-22728 PZL-Bielsko, 60954-60956 04-22812 Valentin GmbH & Co., 60949-60952 04-22715 Class E airspace, 60956-60957 04-23070 PROPOSED RULES Air traffic operating and flight rules, etc.: IFR altitudes; Alaska mountainous area, 61127-61131 04-23067 Airworthiness directives: Raytheon, 60971-60974 04-23028 NOTICES Advisory circulars; availability, etc.: Flight standards service schedule of charges outside United States, 61066-61067 04-23076 Part 23 airplanes; flutter divergance, and control reversal, 61067 04-23068 Reciprocating engine redesigned parts durability; guidance material, 61067 04-23073 Turbine rotor strength requirements, 61067-61068 04-23072 Aeronautical land-use assurance; waivers:

Manteo Airport, NC, 61068 04-23071 Environmental statements; availability, etc.: Chicago O’Hare International Airport, IL, 61068-61069 04-23075 Meetings: Aging Transport Systems Rulemaking Advisory Committee, 61069 04-23058 Passenger facility charges; applications, etc.: Bradford Regional Airport, PA, 61069-61070 04-23074 Reports and guidance documents; availability, etc.: Fuel tank systems requirements; maintenance and inspection instructions development process; policy statement, 61070 04-23069 FCC Federal Communications Commission NOTICES Meetings;

Sunshine Act, 61016 04-23189 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 61016-61017 04-23193 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 61017 04-23051 Ocean transportation intermediary licenses: Longyun Worldwide Forwarding Co. Ltd. et al., 61017-61018 04-23052 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 61018 04-22975 Fish Fish and Wildlife Service RULES Alaska National Interest Conservation Act;

Title VIII implementation (subsistence priority): Federal Subsistence Regional Advisory councils; membership qualifications, 60957-60962 04-22820 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61021-61025 04-23103 04-23104 04-23105 Forest Forest Service RULES Alaska National Interest Conservation Act; Title VIII implementation (subsistence priority): Federal Subsistence Regional Advisory councils; membership qualifications, 60957-60962 04-22820 NOTICES Environmental statements; notice of intent:

Tongass National Forest, AK, 60976-60978 04-22969 Meetings: Resource Advisory Committees— Davy Crockett National Forest, 60978 04-23019 Lincoln County, 60978 04-23020 Southwest Washington Provincial Advisory Committee, 60978 04-23021 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Introduction; technical amendments Correction, 60967 04-22964 GAO Government Accountability Office NOTICES Meetings: Government Auditing Standards Advisory Council, 61018 04-22983 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Medical technologies; stimulating innovation, 61018-61019 04-23064 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61025 04-23109 Grants and cooperative agreements; availability, etc.: Preview Program; 2005 FY funding opportunities and application information, 61025-61026 04-23107 Meetings: Organ Transplantation Advisory Committee, 61026 04-23108 Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Customs and Border Protection Bureau See Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61033-61034 04-23014 Indian Indian Affairs Bureau RULES Land and water:

Indian Reservation Roads Program Implementation delay, 60957 04-22984 NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Puyallup Tribe, WA, 61036 04-23092 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 61084 04-23090 International International Trade Administration NOTICES Antidumping:

Hand trucks and parts from— China, 60980-60985 E4-2608 International International Trade Commission NOTICES Import investigations: Aspirin from— Turkey, 61039-61040 04-23029 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Carthage, TX, 61040 04-23097 Chevron Phillips Chemical Co., LP, 61040 04-23098 Chief Consolidated Mining Co., 61040-61041 04-23101 Clyde, OH, 61041 04-23099 France Shipmanagement S.A., 61041-61042 04-23100 Mississippi Bakery, 61042 04-23102 Plainview, TX, 61042-61043 04-23096 Velsicol Chemical Corp., 61043 04-23095 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61046-61047 04-23015 Land Land Management Bureau NOTICES Closure of public lands:

California, 61036-61037 04-23031 Realty actions; sales, leases, etc.: New Mexico, 61037-61038 04-23127 Oregon, 61038-61039 04-23032 Resource management plans, etc.: Hollister Resource Area, CA, 61039 04-22922 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61070-61071 04-23043 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Administrative procedures and guidance, 60967-60968 04-22967 Federal Acquisition Regulation (FAR):

Introduction; technical amendments Correction, 60967 04-22964 NOTICES Meetings: Advisory Councils Education Advisory Committee, 61048 04-23039 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Occupant crash protection— Device to prevent radio sound system from operating unless safety belts are fastened; petition denied, 60968-60970 04-23079 NOTICES Motor vehicle safety standards: Frontal New Car Assessment Program, 61071-61078 04-23078 NIH National Institutes of Health NOTICES Meetings:

Director's Council of Public Representatives, 61026-61027 04-22989 National Cancer Institute, 04-22991 61027-61028 04-23002 National Eye Institute, 61028 04-22988 04-22999 National Institute of Child Health and Human Development, 61028-61029 04-22990 04-22993 National Institute of Diabetes and Digestive and Kidney Diseases, 61030 04-22998 National Institute of Environmental Health Sciences, 61028 04-22987 National Institute of General Medical Sciences, 61029 04-22992 National Institute of Neurological Disorders and Stroke, 61029-61030 04-22994 04-22996 04-22997 Scientific Review Center, 61030-61032 04-22995 04-23000 04-23001 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pollock, 60970 04-23057 NOTICES Meetings: Gulf of Mexico Fishery Management Council, E4-2601 60985-60986 E4-2603 New England Fishery Management Council, 60986 E4-2602 Permits: Scientific research, 60986-60988 04-23063 04-23065 National Telecommunications National Telecommunications and Information Administration NOTICES Senior Executive Service: Performance Review Board; membership, 60988 04-23061 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 61048-61049 04-23006 Reports and guidance documents; availability, etc.:

Safety conscious work environment; establishing and maintaining, 61049-61058 04-23005 Postal Postal Service RULES Postage meters: Manufacture and distribution; authorization Correction, 61085 C4-22234 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Columbus Day (Proc. 7829), 61133-61136 04-23206 General Pulaski Memorial Day (Proc. 7830), 61137-61138 04-23207 National School Lunch Week (Proc. 7831), 61139-61142 04-23209 ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961; availability of funds (Presidential Determination No. 2004-54 of September 30, 2004), 60945 04-23047 Immigration; refugee admissions numbers and authorization (Presidential Determination No. 2004-53 of September 30, 2004, 60943-60944 04-23046 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 61058-61060 E4-2605 E4-2606 E4-2607 Investment Company Act of 1940:

Security Benefit Life Insurance Co., et al., 61060-61065 E4-2597 Public Utility Holding Company Act of 1935 filings, 61065-61066 E4-2598 State State Department NOTICES Art objects; importation for exhibition: Mauritshuis Project: An Introduction to Dutch 17th Century Painting, 61066 04-23045 Meetings: International Telecommunication Advisory Committee, 61066 04-23044 State State Justice Institute NOTICES Reports and guidance documents; availability, etc.: Grants, cooperative agreements, and contracts; guidelines, 61087-61126 04-22845 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; comment request, 61032-61033 04-23026 Surface Surface Transportation Board NOTICES Rail carriers:

Control exemptions— Broe, Patrick D., et al., 61078 04-23049 Railroad operation, acquisition, construction, etc.: CSX Transportation, Inc., 61078-61079 04-23048 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Statistics Bureau Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61036 04-23081 Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 61079 04-23080 Air carrier reporting and recordkeeping requirements:

Alaskan mail carriers; T-100 traffic reporting; weekly collection pilot program, 61079-61083 04-23089 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II State Justice Institute, 61087-61126 04-22845 Part III Transportation Department, Federal Aviation Administration, 61127-61131 04-23067 Part IV Executive Office of the President, Presidential Documents, 61133-61138 04-23206 04-23207 Part V Executive Office of the President, Presidential Documents, 61139-61142 04-23209 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. 69 198 Thursday, October 14, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 987 [Docket No. FV04-987-2 FR] Domestic Dates Produced or Packed in Riverside County, CA; Increased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases the assessment rate established for the California Date Administrative Committee (committee) for the 2004-05 and subsequent crop years from $0.75 to $0.85 per hundredweight of dates handled. The committee locally administers the marketing order which regulates the handling of dates produced or packed in Riverside County, California. Authorization to assess date handlers enables the committee to incur expenses that are reasonable and necessary to administer the program.

The committee recommended increasing the assessment rate because additional revenues are needed to fund program operations. The crop year begins October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: *Effective Date:* October 15, 2004. FOR FURTHER INFORMATION CONTACT: Toni Sasselli, Program Analyst, California Marketing Field Office, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey St., suite 102B, Fresno, CA 93721; telephone:

(559)487-5901, Fax:

(559)487-5906; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; telephone:

(202)720-2491, Fax:

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

(202)720-2491, Fax:

(202)720-8938, or E-mail: *Jay.Guerber@usda.gov.* SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 127 and Marketing Order No. 987, both as amended (7 CFR part 987), regulating the handling of domestic dates produced or packed in Riverside County, California, hereinafter referred to as the “order.” The marketing agreement and order 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. Under the marketing order now in effect, California date handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable dates beginning on October 1, 2004, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule increases the assessment rate established for the committee for the 2004-05 and subsequent crop years from $0.75 to $0.85 per hundredweight of assessable dates handled. The California date marketing order provides authority for the committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the committee are producers and producer-handlers of California dates in the production area and are familiar with the committee's needs and with the costs for goods and services in their local area. As such, they are in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed at a public meeting, and all directly affected persons have an opportunity to participate in the deliberations and provide input. For the 2003-04 and subsequent crop years, the committee recommended, and USDA approved, an assessment rate that would continue in effect from crop year to crop year unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other information available to USDA. The committee met on June 30, 2004, and unanimously recommended 2004-05 crop year expenditures of $223,000 and an assessment rate of $0.85 per hundredweight of dates handled. In comparison, last year's budgeted expenditures were $225,365. The recommended assessment rate of $0.85 is $0.10 higher than the rate currently in effect. The increase in the assessment rate is needed to fund the committee's current budget, and maintain its financial operating reserve at about $36,000, a level which the committee deems satisfactory. The budgeted administrative expenses for the 2004-05 crop year include $90,427 for labor and office expenses. This compares to $123,710 in budgeted expenses in 2003-04. In addition, $112,499 has been budgeted for marketing and promotion under the program for the 2004-05 crop year. This compares to $101,655 in budgeted marketing and promotion expenses for the 2003-04 crop year. A total of $20,074 is budgeted as a contingency reserve for 2004-05. A contingency reserve of $10,000 was included in the budget for 2003-04. The committee administers a surplus account wherein the proceeds from sales of cull dates are deposited for subsequent use by the committee in covering the surplus pool share of the committee's expenses. Handlers may also dispose of cull dates of their own production within their own livestock-feeding operation; otherwise, such cull dates must be shipped or delivered to the committee for sale to non-human food product outlets. For the 2004-05 crop year, the committee voted to use $2,000 from the surplus account to help fund the committee's budget of $223,000. The assessment rate of $0.85 per hundredweight of assessable dates was derived by applying the following formula where: A = Cull Surplus Fund ($2,000); B = 2004-05 expected shipments (260,000 hundredweight); C = 2004-05 expenses ($223,000); (C−A) B = $0.85 per hundredweight. Estimated shipments should provide $221,000 in assessment income. Income derived from handler assessments and $2,000 from the cull surplus fund would be adequate to cover budgeted expenses. Funds in the financial operating reserve are expected to total about $35,700 by September 30, 2005, and therefore will be less than the maximum permitted by the order (not to exceed 50 percent of the average of expenses incurred during the most recent five preceding crop years as required under § 987.72(c)). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the committee or other available information. Although this assessment rate will be in effect for an indefinite period, the committee will continue to meet prior to or during each crop year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of 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 the assessment rate is needed. Further rulemaking will be undertaken as necessary. The committee's 2004-05 budget and those for subsequent crop years will be reviewed and, as appropriate, approved by USDA. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 124 producers of dates in the production area and approximately 10 handlers subject to regulation under the marketing order. The Small Business Administration (13 CFR 121.201) defines small agricultural service firms as those having annual receipts of less than $5,000,000, and defines small agricultural producers as those having annual receipts of less than $750,000. An industry profile shows that four of the 10 handlers (40 percent) shipped over $5,000,000 of dates and could be considered large handlers by the Small Business Administration. Six of the 10 handlers (60 percent) shipped under $5,000,000 of dates and could be considered small handlers. An estimated 7 producers, or less than 6 percent, of the 124 total producers, would be considered large producers with annual incomes over $750,000. The majority of handlers and producers of California dates may be classified as small entities. This rule increases the assessment rate established for the committee and collected from handlers for the 2004-05 and subsequent crop years from $0.75 to $0.85 per hundredweight of assessable dates handled. The committee unanimously recommended 2004-05 expenditures of $223,000 and the $0.85 per hundredweight assessment rate at their meeting on June 30, 2004. The assessment rate of $0.85 is $0.10 higher than the rate currently in effect. The quantity of assessable dates for the 2004-05 crop year is estimated at 260,000 hundredweight. Thus, the $0.85 per hundredweight rate should provide $221,000 in assessment income. This, along with approximately $2,000 from the surplus account, would be adequate to meet the committee's 2004-05 crop year expenses. The budgeted administrative expenses for the 2004-05 crop year include $90,427 for labor and office expenses. This compares to $123,710 in budgeted expenses in 2003-04. In addition, $112,499 has been budgeted for marketing and promotion under the marketing order for the 2004-05 crop year. This compares to $101,655 in budgeted marketing and promotion expenses for the 2003-04 crop year. A total of $20,074 is budgeted as a contingency reserve. A contingency reserve totaling $10,000 was budgeted last year. The committee administers a surplus account wherein the proceeds from sales of cull dates are deposited for subsequent use by the committee in covering the surplus pool share of the committee's expenses. For the 2004-05 crop year, the committee voted to use $2,000 from the surplus account to help fund the committee's budget of $223,000. The committee reviewed and unanimously recommended 2004-05 expenditures of $223,000 which include marketing and promotion programs. Prior to arriving at this budget, the committee considered alternative expenditure levels and alternative assessment levels. The committee agreed that the increased assessment rate was appropriate to cover expenses and maintain its financial operating reserve at a satisfactory level ($35,700). The assessment rate of $0.85 per hundredweight of assessable dates was then determined by applying the following formula where: A = Cull Surplus Fund ($2,000); B = 2004-05 expected shipments (260,000 hundredweight); C = 2004-05 expenses ($223,000); (C − A) B = $0.85 per hundredweight. Estimated shipments should provide $221,000 in assessment income. Income derived from handler assessments and $2,000 from the cull surplus fund would be adequate to cover budgeted expenses. Funds in the financial operating reserve are expected to total about $35,700 by September 30, 2005, and therefore will be less than the maximum permitted by the order (not to exceed 50 percent of the average of expenses incurred during the most recent five preceding crop years as required under § 987.72(c)). A review of historical information and preliminary information pertaining to the upcoming crop year indicates that the grower price for the 2004-05 season could range between $40 and $120 per hundredweight of dates. Therefore, the estimated assessment revenue for the 2004-05 crop year as a percentage of total grower revenue could range between .7 and 2.1 percent. This action increases the assessment obligation imposed on handlers under the Federal marketing order. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived by the operation of the marketing order. In addition, the committee's meeting was widely publicized throughout the California date 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 30, 2004, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This rule imposes no additional reporting or recordkeeping requirements on either small or large California date 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 50339). Copies of the proposed rule were also mailed or sent via facsimile to all date handlers. Finally, the proposal was made available through the Internet by USDA and the Office of the Federal Register. A 30-day comment period ending September 15, 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 also found and determined that good cause exists for not postponing the effective date of the rule until 30 days after publication in the **Federal Register** because the 2004-05 crop year begins October 1, 2004, and the marketing order requires that the rate of assessment for each crop year apply to assessable dates handled during such period. The committee needs to have sufficient funds to pay its expenses which are incurred on a continuous basis. Further, handlers are aware of this rule which was unanimously recommended at a public meeting. Also, a 30-day comment period was provided for in the proposed rule, and no comments were received. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 987 is amended as follows: PART 987—DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE COUNTY, CALIFORNIA 1. The authority citation for 7 CFR part 987 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 987.339 is revised to read as follows: § 987.339 Assessment rate. On and after October 1, 2004, an assessment rate of $0.85 per hundredweight is established for California dates. Dated: October 7, 2004. Kenneth C. Clayton, Associate Administrator, Agricultural Marketing Service. [FR Doc. 04-23042 Filed 10-13-04; 8:45 am]

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