Unknown. Final rule
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/register/2004/10/25/04-23827·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-2004-10-25.xml --- 69 205 Monday, October 25, 2004 Contents Agricultural Agricultural Marketing Service RULES Apricots and cherries grown in— Washington, 62177-62179 04-23826 Oranges and grapefruit grown in— Texas, 62175-62177 04-23827 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Forest Service NOTICES Meetings: USDA Technology and eGovernment Advisory Council, 62241 04-23829 Senior Executive Service:
Performance Review Board; membership, 62241-62243 04-23822 Antitrust Antitrust Division NOTICES National cooperative research notifications: American Brush Manufacturers Association, 62292 04-23782 Blu-ray Disc Founders, 62292 04-23781 Insulated Cable Engineers Association, Inc., 62292-62293 04-23784 International Association of Association Management Companies, Inc., 62293 04-23772 International Multimedia Telecommunications Consortium, 62293 04-23773 JEDEC Solid State Technology Association, 62293 04-23775 National Ground Water Association, 62293-62294 04-23780 National Information Standards Organization, 62294 04-23774 North American Association of Food Equipment Manufacturers, 62294 04-23776 Recreational Park Trailer Industry Association, Inc., 62294 04-23783 Steel Deck Institute, 62294-62295 04-23779 Steel Door Institute, 62295 04-23778 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 62275-62276 04-23813 Public safety and health protection:
Special Exposure Cohort at the Iowa Ordnance Plant, IA; employee class designation, 62276 04-23814 Coast Guard Coast Guard RULES Vocational rehabilitation and education: Veterans education— Montgomery GI Bill—Selected Reserve; rates payable increase, 62205-62206 04-23757 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:
Philippines, 62253-62254 E4-2815 Vietnam, 62254 E4-2816 Commodity Commodity Futures Trading Commission PROPOSED RULES Review of National Futures Association decisions, 62226-62228 04-23828 Customs Customs and Border Protection Bureau NOTICES Customhouse broker license cancellation, suspension, etc.: International Customs Brokers, et al., 62279 04-23806 J.E. Lowden & Co., 62279 04-23807 J.E. Lowden & Co. et al., 62279-62280 04-23805 Oates, Richard J., 62279 04-23808 Defense Defense Department See Engineers Corps RULES Vocational rehabilitation and education:
Veterans education— Education Assistance Test Program; increased allowances, 62209-62210 04-23756 Montgomery GI Bill—Selected Reserve; rates payable increase, 62205-62206 04-23757 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62254-62255 04-23762 04-23763 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cody Laboratories, Inc., 62295 04-23767 National Center for Development of Natural Products, University of Mississippi, 62295-62296 04-23768 National Center for Natural Products Research-NIDA MProject, University of Mississippi, 62295 04-23766 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Postsecondary education— Teacher Quality Enhancement Program, 62255-62258 04-23849 Employee Employee Benefits Security Administration NOTICES Meetings: Employee Welfare and Pension Benefit Plans Advisory Council, 62297 04-23794 Employee Welfare and Pension Benefit Plans Advisory Council, 62297-62299 04-23795 04-23796 04-23797 04-23798 Employment Employment and Training Administration NOTICES Adjustment assistance: Boeing Aircraft Co., 62299 E4-2810 Chieftain Products, Inc., 62299 E4-2809 International Textile Group, 62299-62300 E4-2813 Lacey Manufacturing Co., 62300 E4-2814 Meadwestvaco Corp., 62300-62301 E4-2811 SONY Electronics, Inc., 62301 E4-2812 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62301-62302 04-23802 04-23803 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Meetings:
Coastal Engineering Research Board; correction, 62321 C4-23229 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Colorado, 62210-62217 04-23840 Solid waste: National Environmental Performance Track Program— Hazardous waste generator facilities; reporting requirements; correction, 62217-62224 04-23842 PROPOSED RULES Solid wastes: National Environmental Performance Track Program— Hazardous waste generator facilities; reporting requirements; correction, 62237-62238 04-23841 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62267-62268 04-23838 Reports and guidance documents; availability, etc.:
Guide to analyzing environmental innovations; comment request, 62268 04-23839 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Credit Administration PROPOSED RULES Farm credit system: Loan policies and operations, etc— Farmers’ notes, 62226 04-23833 Farm Farm Service Agency NOTICES Meetings: Electronic warehouse receipts and other documents for grain and rice; implementation, 62243-62244 04-23831 FAA Federal Aviation Administration RULES Airworthiness directives:
Hartzell Propeller Inc., 62179-62180 04-23815 FCC Federal Communications Commission RULES International Settlements Policy reform and international settlement rates, 62224 04-23093 Radio stations; table of assignments: Alabama, 62224 04-23834 Federal Emergency Federal Emergency Management Agency NOTICES National Flood Insurance Program: Group flood insurance policies; coverage amount adjustment, 62280 04-23825 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 62263-62264 E4-2836 Environmental statements; availability, etc.:
Portland General Electric Co., 62264-62265 E4-2831 Hydroelectric applications, 62265-62266 E4-2828 E4-2835 Meetings: Stanislaus River Hydropower Projects; draft environmental impact statement, 62266 E4-2830 *Applications, hearings, determinations, etc.:* Acacia Natural Gas Corp., 62258-62259 E4-2823 Algonquin Gas Transmission, LLC, 62259 E4-2824 ANR Pipeline Co., 62259 E4-2832 Dauphin Island Gathering Partners, 62259-62260 E4-2827 El Paso Natural Gas Co., 62260 E4-2834 Enogex Inc., 62260 E4-2822 Gas Transmission Northwest Corp., 62261 E4-2821 Iroquois Gas Transmission System, L.P., 62261 E4-2829 North Baja Pipeline, LLC, 62261-62262 E4-2826 Northwest Pipeline Corp., 62262-62263 E4-2825 E4-2833 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 62268-62269 04-23810 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 62269-62274 04-23787 FTC Federal Trade Commission RULES Appliances, consumer; energy consumption and water use information in labeling and advertising:
Comparability ranges— Refrigerators, refrigerator-freezers, and freezers, 62180 04-23820 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service PROPOSED RULES Securities, U.S. Treasury: State and local government series, 62229 04-23897 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Santa Ana sucker, 62238-62240 04-23968 NOTICES Comprehensive conservation plans; availability, etc.: Kodiak National Wildlife Refuge, AK, 62284-62285 04-23832 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:
Invermectin topical solution, 62181 04-23760 Praziquantel tablets, 62180-62181 04-23761 Forest Forest Service NOTICES Environmental statements; notice of intent: Manti-La Sal National Forest, UT, 62244-62250 04-23210 Meetings: Eastern Washington Cascades and Yakima Provincial Advisory Committees, 62250 04-23812 Resource Advisory Committees— Glenn/Colusa County, 62250 04-23811 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Public Health Service See Substance Abuse and Mental Health Services Administration NOTICES Committees; establishment, renewal, termination, etc.:
Human Research Protections Advisory Committee, 62274-62275 04-23764 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62281 E4-2807 Privacy Act: Computer matching programs, 62281-62284 E4-2806 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service RULES Income taxes:
Cancellation of indebtedness; guidance, 62181-62188 04-23747 PROPOSED RULES Estate and gift taxes: Qualified interests, 62228 04-23748 Procedure and administration: Business entities classification; definitions clarification; cross-reference, 62229 04-23843 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62319-62320 04-23845 Meetings: Internal Revenue Service Advisory Council, 62320 04-23844 International International Trade Administration NOTICES Antidumping:
Stainless steel sheet and strip in coils from— Japan, 62250-62252 E4-2837 Countervailing duties: Hot-rolled flat-rolled carbon quality steel products from— Brazil, 62252-62253 E4-2839 International International Trade Commission NOTICES Meetings; Sunshine Act, 62292 04-23935 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Employment Standards Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62296-62297 04-23799 04-23800 04-23801 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:
Northern San Juan Basin Coal Bed Methane Development Project, CO; correction, 62285-62286 04-23809 Public land orders: Nevada, 62286 04-23792 Merit Merit Systems Protection Board NOTICES Senior Executive Service: Performance Review Board; membership, 62303 04-23769 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 62286-62292 04-23785 04-23786 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62303-62304 04-23851 National Archives National Archives and Records Administration NOTICES Reports and guidance documents; availability, etc.:
Effective Management of Government Information on the Internet and Other Electronic Records; draft recommendations, comment request, 62304 04-23920 NOAA National Oceanic and Atmospheric Administration NOTICES Reports and guidance documents; availability, etc.: Strategic Plans; comment request, 62253 04-23853 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 62304-62305 04-23816 Meetings: Biological Sciences Advisory Committee, 62305 04-23818 Business Operations Advisory Committee, 62305 04-23819 EarthScope Science and Education Advisory Committee, 62305-62306 04-23817 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.:
Atomic Safety and Licensing Board, 62306 04-23789 Environmental statements; availability, etc.: Monticello Nuclear Generating Plant, 62307-62308 04-23790 *Applications, hearings, determinations, etc.:* STP Nuclear Operating Co., et al., 62306 04-23791 Occupational Occupational Safety and Health Administration NOTICES Meetings: Ergonomics National Advisory Committee, 62303 04-23804 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Allowances and differentials:
Cost-of-living allowances (nonforeign areas)— Alaska and Washington, DC, surveys; 2003 report; correction, 62321 C4-5428 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Disability Employment Awareness Month (Proc. 7835), 62385-62388 04-23991 National Forest Products Week (Proc. 7836), 62389-62390 04-23992 EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: Interagency Task Force on the Economic Development of the Central San Joaquin Valley; amendment (EO 13359), 62391 04-23994 Public Public Debt Bureau See Fiscal Service Public Public Health Service NOTICES National Toxicology Program:
Carcinogens Report, Twelfth Edition— Agents, substances, mixtures, and exposure circumstances for listing or delisting, 62276-62279 04-23788 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 62308-62311 E4-2819 Municipal Securities Rulemaking Board, 62311-62312 E4-2818 National Association of Securities Dealers, Inc., 62312-62314 E4-2820 New York Stock Exchange, Inc., 62314-62315 E4-2817 Social Social Security Administration NOTICES Meetings:
Ticket to Work and Work Incentives Advisory Panel, 62315-62316 04-23765 State State Department NOTICES Meetings: Overseas Security Advisory Council, 62316 04-23846 Shipping Coordinating Committee, 62316-62317 04-23847 04-23848 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Standard services, Infrastructure, Best Practices Planning and Implementation, and Service-to-Science grants; revision, 62323-62384 04-23297 TVA Tennessee Valley Authority NOTICES Meetings;
Sunshine Act, 62317 04-23922 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, 62318 04-23821 Transportation Transportation Department See Federal Aviation Administration See Transportation Statistics Bureau NOTICES Reports and guidance documents; availability, etc.:
Lawful role of air charter brokers; correction, 62321 C4-23268 Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 62318-62319 04-23753 Treasury Treasury Department See Fiscal Service See Internal Revenue Service U.S. U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 62280-62281 04-23850 Veterans Veterans Affairs Department RULES Federal claims collection standards; collection, compromise, suspension, termination, and referral of debts owed to VA, 62188-62204 04-23754 Medical benefits:
Waivers; veterans’ debts arising from medical care copayments, 62204 04-23758 Vocational rehabilitation and education: Veterans education— Education Assistance Test Program; increased allowances, 62209-62210 04-23756 Montgomery GI Bill—Selected Reserve; rates payable increase, 62205-62206 04-23757 Survivors’ and Dependents’ Educational Assistance Program; rates payable increase, 62206-62209 04-23755 PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.: Surviving spouse's rate; compensation payments for service-connected disability; indemnity compensation for non-service-connected deaths, 62229-62237 04-23488 Separate Parts In This Issue Part II Health and Human Services Department, Substance Abuse and Mental Health Services Administration, 62323-62384 04-23297 Part III Executive Office of the President, Presidential Documents, 62385-62388, 62391 04-23991 04-23994 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. 69 205 Monday, October 25, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 906 [Docket No. FV04-906-2 FIR] Oranges and Grapefruit Grown in Lower Rio Grande Valley in Texas; Decreased Assessment Rate AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule which decreased the assessment rate established for the Texas Valley Citrus Committee (Committee) for the 2004-05 and subsequent fiscal periods from $0.14 to $0.12 per 7/10 -bushel carton or equivalent of oranges and grapefruit handled. The Committee locally administers the marketing order which regulates the handling of oranges and grapefruit grown in the Rio Grande Valley in Texas. Authorization to assess orange and grapefruit handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period began on August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: November 24, 2004. FOR FURTHER INFORMATION CONTACT: Belinda G. Garza, Regional Manager, McAllen Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1313 E. Hackberry, McAllen, TX 78501; telephone:
(956)682-2833, Fax:
(956)682-5942; 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 and Order No. 906, as amended (7 CFR part 906), regulating the handling of oranges and grapefruit grown in the Lower Rio Grande Valley in Texas, 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, orange and grapefruit handlers in the Lower Rio Grande Valley 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 oranges and grapefruit beginning August 1, 2004, and continue until amended, suspended, or terminated. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect the action that decreased the assessment rate established for the Committee for the 2004-05 and subsequent fiscal periods from $0.14 to $0.12 per 7/10 bushel carton or equivalent of oranges and grapefruit handled. The Texas orange and grapefruit 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 handlers of Texas oranges and grapefruit. 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 rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2003-04 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period 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 May 21, 2004, and recommended 2004-05 expenditures of $1,005,956 and an assessment rate of $0.12 per 7/10 -bushel carton or equivalent of oranges and grapefruit. Thirteen of the 14 Committee members and alternates acting as members voted in support of the $0.02 decrease per 7/10 -bushel carton or equivalent. One Committee member voted against the recommendation because he wanted the decrease to be larger. In comparison, last year's budgeted expenditures were $1,322,506. The assessment rate of $0.12 is $0.02 lower than the rate previously in effect. The decrease in the assessment rate and budget is primarily due to lower promotion and Mexican Fruit Fly program budgets. The reduced assessment rate and budget will lower handler costs by about $180,000 and will keep the Committee's operating reserve at an acceptable level. The major expenditures recommended by the Committee for the 2004-05 fiscal period include $550,000 for promotion, $204,000 for the Mexican Fruit Fly Support Program, $123,679 for management and administration of the program, and $72,777 for compliance. Budgeted expenses for these items in 2003-04 were $800,000, $279,000, $119,929, and $72,777, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of Texas oranges and grapefruit. Texas orange and grapefruit shipments for the fiscal period are estimated at 9 million 7/10 -bushel cartons or equivalents, which should provide $1,080,000 in assessment income. Income derived from handler assessments will be more than adequate to cover budgeted expenses. Funds in the reserve (currently $175,000) will be kept within the maximum of one fiscal period's expenses permitted by the order (§ 906.35). The assessment rate 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 is effective 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 the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2004-05 budget and those for subsequent fiscal periods 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 215 producers of oranges and grapefruit in the production area and approximately 13 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $5,000,000. An updated Texas citrus industry profile shows that 2 of the 13 handlers (15 percent) could be considered large businesses under SBA's definition, and the remaining 11 handlers (85 percent) could be considered small businesses. Of the approximately 215 producers within the production area, few have sufficient acreage to generate sales in excess of $750,000. Thus, the majority of handlers and producers of Texas oranges and grapefruit may be classified as small entities. This rule continues in effect the action that decreased the assessment rate established for the Committee and collected from handlers for the 2004-05 and subsequent fiscal periods from $0.14 to $0.12 per 7/10 -bushel carton or equivalent of oranges and grapefruit. The Committee met on May 21, 2004, and recommended 2004-05 expenditures of $1,005,956 and an assessment rate of $0.12 per 7/10 -bushel carton or equivalent of oranges and grapefruit. The assessment rate of $0.12 is $0.02 lower than the previous rate. As mentioned earlier, the quantity of assessable oranges and grapefruit for the 2004-05 fiscal period is estimated at 9 million 7/10 -bushel cartons or equivalents. Thus, the $0.12 assessment rate should provide $1,080,000 in assessment income and be more than adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2004-05 fiscal period include $550,000 for promotion, $204,000 for the Mexican Fruit Fly Support Program, $123,679 for management and administration of the program, and $72,777 for compliance. Budgeted expenses for these items in 2003-04 were $800,000, $279,000, $119,929, and $72,777, respectively. The Committee recommended the $0.12 assessment rate primarily because it reduced its promotion and Mexican Fruit Fly programs. At a $0.14 assessment rate, the Committee projected its reserve on July 31, 2005, to be $401,160, which it believed was more than needed to administer the program. It also recommended the reduced assessment rate to lower handler costs by about $180,000 during 2004-05. The Committee reviewed and recommended 2004-05 expenditures of $1,005,956, which included decreases in the promotion and Mexican Fruit Fly programs and an increase in the management and administration of the marketing order program. In arriving at the budget, the Committee considered information from various sources, including the Executive Committee. Alternative expenditure levels were discussed, based upon the relative need of the Mexican Fruit Fly program to the Texas citrus industry. The assessment rate recommended by the Committee was derived by dividing the total recommended budget by the 9-million 7/10 -bushel cartons of oranges and grapefruit estimated for the 2004-05 fiscal period. The $0.12 rate will provide $1,080,000 in assessment income. This is approximately $74,044 above the anticipated expenses, which the Committee determined to be acceptable. A review of historical information from recent seasons (2000-2002) and preliminary information pertaining to the upcoming fiscal period indicates that the season average packinghouse door price for the 2004-05 fiscal period could likely range from $1.40 to $2.60 per 7/10 -bushel carton of Texas oranges, and from $2.15 to $2.70 for Texas grapefruit. Therefore, the estimated assessment revenue for the 2004-05 fiscal period as a percentage of total grower (packinghouse door) revenue could range between 8.6 and 4.6 percent for oranges and between 5.6 and 4.4 percent for grapefruit. This action continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Texas orange and grapefruit industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 21, 2004, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. This action imposes no additional reporting or recordkeeping requirements on either small or large Texas orange and grapefruit 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. An interim final rule concerning this action was published in the **Federal Register** on July 29, 2004 (69 FR 45231). Copies of that rule were also mailed or sent via facsimile to all orange and grapefruit handlers. Finally, the interim final rule was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period was provided for interested persons to respond to the interim final rule. The comment period ended on September 27, 2004, and 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. List of Subjects in 7 CFR Part 906 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements. PART 906—ORANGES AND GRAPEFRUIT GROWN IN LOWER RIO GRANDE VALLEY IN TEXAS Accordingly, the interim final rule amending 7 CFR part 906 which was published at 69 FR 45231 on July 29, 2004, is adopted as a final rule without change. Dated: October 19, 2004. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 04-23827 Filed 10-22-04; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
- 7 CFR 906
- 7 USC 601-674
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