Unknown. Interim final rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-12-22.xml --- 69 245 Wednesday, December 22, 2004 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Reports and guidance documents; availability, etc.: Assessment of joint toxic action of chemical mixtures; guidance manual and interaction profiles, 76768-76769 04-27954 Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 76597-76599 04-27892 NOTICES Grants and cooperative agreements; availability, etc.:

Federal-State Marketing Improvement Program, 76684 04-27932 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Forest Service Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 04-27950 76769-76770 04-27953 Immunization Practices Advisory Committee, 76770 04-27922 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation NOTICES Domestic Sugar Program: 2005-crop sugar marketing allotments and allocations, 76684-76686 04-27966 Defense Defense Department See Engineers Corps See Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-27963 04-27964 76693-76694 04-27965 Education Education Department PROPOSED RULES Postsecondary education:

Higher education discretionary grant programs; selection criteria, 76636-76642 04-28021 NOTICES Agency information collection activities; proposals, submissions, and approvals, 76694 04-27973 Election Election Assistance Commission NOTICES Help America Vote Act: State election plans; list, 76695-76716 04-27838 Meetings; Sunshine Act, 76716 04-28054 Employment Employment and Training Administration NOTICES Adjustment assistance: Alphatech, Inc., 76782-76783 E4-3775 BMC Software Inc., 76783-76784 E4-3777 Burrows Paper Corp., et al., 76784-76787 E4-3778 Cherry Electrical Products, 76787 E4-3773 Hamilton Sundstrand, 76787 E4-3770 Invista S.a.r.l. et al., 76787-76789 04-27975 JVS Fabrics, 76789 E4-3771 Oxford Automotive, 76789-76790 E4-3769 Set Enterprises, 76790 E4-3776 Thermal & Interior Vandalia Operations of Delphi Corp., 76790 E4-3772 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 76790-76791 04-27935 Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Lower Snake and Clearwater Rivers, WA and ID; reservoirs navigation maintenance; correction, 76833 C4-27573 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Various States, 76617-76619 04-27993 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bacillus pumilus GB34, 76619-76625 04-27982 PROPOSED RULES Air pollutants, hazardous; national emission standards: Test methods; Method 301 for field validation of pollutant measurement methods from various waste media, 76642-76655 04-27985 Air programs:

Stratospheric ozone protection— Essential use allowances allocation, 76655-76660 04-27994 NOTICES Pesticide, food, and feed additive petitions: Valent U.S.A. Corp., 76724-76729 04-27769 Pesticide registration, cancellation, etc.: Monsanto Co., 76716-76718 04-27671 MycoLogic Inc. et al., 76718-76719 04-27888 Nichino America, Inc., 76719-76724 04-27772 Pesticides; emergency exemptions, etc.: Sodium chlorate, etc., 76729-76732 04-27771 Pesticides; experimental use permits, etc.:

Monsanto Co. et al., 76732-76733 04-27773 Reports and guidance documents; availability, etc.: Clean Water Act— Watershed projects; section 319 nonpoint source grants awarded to Indian tribes; guidelines, 76733-76739 04-27986 Superfund reimbursement of resonable costs petitions; submission and review procedures; revised guidance, 76739 04-27996 Water pollution control: National Pollutant Discharge Elimination System— Gulf of Mexico OCS operations; eastern portion; oil and gas extraction category; general permit, 76740-76743 04-27987 Storm water discharges from construction activities; general permit, 76743-76749 04-27995 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export-Import Bank NOTICES Greece;

U.S. equipment, technology, and services exports to photovoltaic modules fabrication facility; finance application, 76749 04-27931 FAA Federal Aviation Administration RULES Airworthiness directives: Eagle Aircraft (Malaysia) Sdn. Bhd., 76603-76605 04-27814 Empresa Brasileira de Aeronautica, S.A. (EMBRAER), 76605-76610 04-27509 GE Aircraft Engines, 76610-76611 04-27948 PROPOSED RULES Airworthiness directives: Teledyne Continental Motors, 76632-76635 04-27955 NOTICES Advisory circulars; availability, etc.:

Repair Station Training Program, 76829 04-28008 Meetings: Aging Transport Systems Rulemaking Advisory Committee, 76829-76830 04-28007 Federal Election Federal Election Commission PROPOSED RULES Corporate and labor organization activity: Trade association's separate segregated fund; payroll deduction contributions; comment request, 76628-76632 04-27971 Designations, reports, and statements; timely filing by priority mail, express mail, and overnight delivery service, 76626-76628 04-27972 Federal Emergency Federal Emergency Management Agency NOTICES Grants and cooperative agreements; availability, etc.:

Emergency Preparedness Demonstration Program, 76772-76774 04-27928 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Community support review; members selected for review; list, 76749-76765 04-27967 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 76765-76766 04-28017 Ocean transportation intermediary licenses: Ace Forwarding et al., 76766 04-28018 Fidelity Logistics Corp. et al., 76766-76767 04-28019 Universe Freight Brokers, Inc., 76767 04-28020 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards:

Household goods brokers; motor vehicle transportation regulations; comment request, 76664-76672 04-27933 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 76767 04-28062 FTC Federal Trade Commission RULES Federal claims collection: Civil monetary penalties; inflation adjustment, 76611-76612 04-27980 NOTICES Fair Credit Reporting Act: Disclosure charges, 76767-76768 04-27981 Forest Forest Service NOTICES Environmental statements; notice of intent: Eldorado National Forest, CA, 76686-76687 04-27952 Meetings:

Black Hills National Forest Advisory Board, 76687-76688 04-27925 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 76775 04-27923 Interior Interior Department See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:

Optional 10-year writeoff of certain tax preferences, 76614-76617 04-27917 S corporations; section 1374 effective dates, 76612-76614 04-28013 PROPOSED RULES Income taxes: S corporations; section 1374 effective dates; cross-reference, 76635-76636 04-28012 NOTICES Meetings: Taxpayer Advocacy Panels, 04-28014 04-28015 76831-76832 04-28016 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Labor Statistics Bureau MISSING FOR:

Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 76791-76794 E4-3731 04-27974 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Alaska, 76775 04-27924 Survey plat filings: Wisconsin, 76775 04-27926 NIH National Institutes of Health NOTICES Meetings: National Center for Research Resources, 76770 04-27956 National Institute of Allergy and Infectious Diseases, 76772 04-27960 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 76771-76772 04-27958 04-27961 National Institute of Child Health and Human Development, 76771 04-27959 National Institute on Aging, 76770-76771 04-27957 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish; correction, 76682-76683 04-27979 Marine mammals: Southern Resident killer whales; threatened status listing, 76673-76682 04-27929 NOTICES Meetings: Carribean Fishery Management Council, 76688 E4-3764 Gulf of Mexico Fishery Management Council, 76688-76690 E4-3763 04-27930 Hydrographic Services Review Panel, 76690 04-27949 New England Fishery Management Council, 76690-76691 E4-3765 E4-3768 Western Pacific Fishery Management Council, 76691-76693 E4-3766 E4-3767 National Park National Park Service NOTICES Native American human remains, funerary objects; inventory, repatriation, etc.:

Agriculture Department et al., 04-28002 76775-76777 04-28006 American Museum of Natural History, New York, NY, 76777-76779 04-28001 04-28004 Arizona State Museum, University of Arizona, Tucson, AZ, 76779-76780 04-27999 Colorado College, Colorado Springs, CO, 76780-76781 04-28005 Interior Department— Indian Affairs Bureau, Washington, DC, and Arizona State Museum, University of Arizona, Tucson, AZ, 76781-76782 04-28000 Nebraska State Historical Society, Lincoln, NE, 76782 04-28003 Navy Navy Department NOTICES Meetings:

Ocean Research Advisory Panel, 76694 04-27927 Nuclear Nuclear Regulatory Commission RULES Miscellaneous amendments, 76599-76601 04-27946 NOTICES Agency information collection activities; proposals, submissions, and approvals, 76794-76795 04-27945 Environmental statements; availability, etc.: AmerGen Energy Co., LLC, 76795-76796 04-28066 Meetings: Medical Uses of Isotopes Advisory Committee, 76796 04-27947 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS *Special observances:* Wright Brothers Day (Proc. 7856), 76595-76596 04-28111 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 76796-76797 04-28053 Public Utility Holding Company Act of 1935 filings, 76797-76798 04-27998 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 76798-76803 04-27969 04-27970 Chicago Board Options Exchange, Inc., 76803-76804 04-27968 Chicago Stock Exchange, Inc., 76804-76806 04-27943 New York Stock Exchange, Inc., 76806-76807 04-27937 Pacific Exchange, Inc., 04-27936 76807-76815 04-27940 04-27941 Philadelphia Stock Exchange, Inc., 76816-76822 04-27938 04-27939 State State Department PROPOSED RULES Acquisition regulations:

Miscellaneous amendments, 76660-76664 04-27990 NOTICES Agency information collection activities; proposals, submissions, and approvals, 76822 04-27989 Environmental statements; availability, etc.: Tornillo-Guadalupe New International Bridge, El Paso County, TX; international vehicular and pedestrian bridge; construction, operation, and maintenance, 76822-76827 04-27988 Surface Surface Transportation Board NOTICES Rail carriers: Control exemptions— Permian Basin Railways, Inc., 04-27860 76830 04-27976 Thrift Thrift Supervision Office RULES Technical amendments, 76601-76603 04-27978 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee:

U.S.-Oman; free trade negotiations; environmental review, 76827-76828 04-28022 U.S.-United Arab Emirates; free trade negotiations; environmental review, 76828-76829 04-28023 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 76830-76831 04-28009 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office 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. 69 245 Wednesday, December 22, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Docket No. FV05-905-1 IFR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Change in the Minimum Maturity Requirements for Fresh Grapefruit AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule reduces the minimum maturity requirements for fresh grapefruit under the marketing order for Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida (order). The Citrus Administrative Committee (Committee), which locally administers the order, recommended this change. This rule reduces the minimum maturity requirement for soluble solids (sugars) from 8.0 percent to 7.5 percent until July 31, 2005.

This action makes additional quantities of grapefruit available for the fresh market and will help reduce the losses sustained by the grapefruit industry during the recent hurricanes in Florida. DATES: Effective December 23, 2004; comments received by February 22, 2005 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237;

Fax:

(202)720-8938, or E-mail: *moab.docketclerk@usda.gov* ; or Internet: *http://www.regulations.gov.* All comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.ams.usda.gov/fv/moab.html.* FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter Haven, Florida 33884-1671; Telephone:

(863)324-3375, Fax:

(863)325-8793; 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. 84 and Marketing Order No. 905, both as amended (7 CFR part 905), regulating the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida, 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. This action is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule reduces the minimum maturity requirement for soluble solids (sugars) from 8.0 percent to 7.5 percent until July 31, 2005. This action makes additional quantities of grapefruit available for the fresh market and will help reduce the losses sustained by the grapefruit industry during the recent hurricanes in Florida. This action was unanimously recommended by the Committee at its meeting on November 16, 2004. Section 905.52 of the order provides authority for the establishment of grade and size requirements for Florida citrus. One element of grade is maturity. Section 905.306 of the order specifies, in part, the minimum maturity requirements for grapefruit. The current minimum maturity requirements for Florida grapefruit are 8.0 percent soluble solids (sugars) and 7.5 to 1 solids to acid ratio with a sliding scale minimum ratio of 7.2 to 1. This rule reduces the minimum maturity requirement for soluble solids (sugars) from 8.0 percent to 7.5 percent soluble solids for the remainder of the 2004-05 season which ends July 31, 2005. On August 1, 2005, the requirement returns to 8.0 percent soluble solids. The 7.5 to 1 solids to acid ratio with a sliding scale minimum of 7.2 to 1 remains unchanged by this action. During the months of August and September the major grapefruit growing regions in Florida suffered significant damage and fruit loss from multiple hurricanes. The strong winds from the storms blew substantial volumes of the setting fruit off the trees. The impact of the storms also produced a much higher than normal fruit drop. The extent of the loss is evident in the official USDA crop estimate for this season which reflects a 64 percent decrease from last year's estimate. In inspecting groves following the storms, growers have found that the younger trees retained their fruit better compared to trees in established groves. However, based on Committee discussion, the fruit from younger trees has more difficulty meeting the current maturity requirement. To address the situation, the Committee considered how the maturity requirements might be adjusted so that more fruit from the younger trees would be available for the fresh market. The Committee considered several options to address this issue including a one-point reduction in the soluble solids and a reduction in the minimum ratio. Several members were concerned about reducing requirements too much and believed that reducing maturity requirements by a full point would impact the quality of the fruit. It was also stated that the industry should not pack inferior fruit just because there is a shortage of volume. The Committee agreed that the current maturity standards have been well received by the market. However, Committee members also recognized that the special circumstances surrounding this season were unprecedented in the history of the grapefruit industry, and based on that, if it was possible, some allowances should be made to assist growers and provide some additional volume to the market. The Committee reached a compromise position where the soluble solid requirement was reduced by a half a point and the ratios were maintained at current levels. The Committee stressed that this change be made for the remainder of the current season only, and starting August 1, 2005, the maturity retirements return to their current level. The Committee believes by reducing the soluble solids level and maintaining the minimum ratio combinations at the current levels for the remainder of the season, additional quantities of grapefruit can be made available for the fresh market without a significant reduction in quality. Therefore, the Committee voted unanimously to reduce the minimum soluble solid level from 8.0 to 7.5 until July 31, 2005. This change benefits both growers and consumers by increasing the available supply of fresh grapefruit. Section 8e of the Act provides that when certain domestically produced commodities, including grapefruit, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. As this rule changes the minimum maturity requirements under the domestic handling regulations, a corresponding change to the import regulations must be considered. Such change to the import regulations would be made under a separate action. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial 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 75 grapefruit handlers subject to regulation under the order and approximately 11,000 producers of citrus in the regulated area. Small agricultural service firms, which includes handlers, are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $5,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). Based on industry and Committee data, the average annual f.o.b. price for fresh Florida grapefruit during the 2003-04 season was approximately $8.00 per 4/5-bushel carton, and total fresh shipments for the 2003-04 season are estimated at 26 million cartons of grapefruit. Approximately 25 percent of all handlers handled 75 percent of Florida's grapefruit shipments. Using the average f.o.b. price, at least 69 percent of the grapefruit handlers could be considered small businesses under SBA's definition. In addition, based on production and grower prices reported by the National Agricultural Statistics Service, and the total number of grapefruit growers, the average annual grower revenue is approximately $20,600. In view of the foregoing, it can be concluded that the majority of handlers and producers of Florida grapefruit may be classified as small entities. This rule reduces the minimum maturity requirement for soluble solids (sugars) from 8.0 percent to 7.5 percent until July 31, 2005. This action makes additional quantities of grapefruit available for the fresh market and will help reduce the losses sustained by the grapefruit industry during the recent hurricanes in Florida. This action was unanimously recommended by the Committee at its meeting on November 16, 2004. This rule modifies the maturity requirements specified in § 905.306. Authority for this action is provided for in § 905.52 of the order. With respect to the impact of this action, it is anticipated that this temporary change will not result in any increase in grower or handler costs. However, it will make some additional quantities of grapefruit available for the fresh market. This will help growers maximize their fresh shipments in a year where there may be potential shortages of grapefruit. This will help increase grower returns and address some of the losses sustained from the storms. The Committee believes by reducing the soluble solids level and maintaining the minimum ratio combinations at the current levels for the remainder of the 2004-05 season, additional quantities of grapefruit will be made available for the fresh market without a significant reduction in quality. This change benefits both growers and consumers by increasing the available supply of fresh grapefruit. The purpose of this rule is to help improve producer returns and provide some additional volume of grapefruit to the market. The opportunities and benefits of this rule are expected to be available to all grapefruit handlers and producers regardless of their size of operation. The Committee considered several alternatives to taking this action. One alternative considered was a reduction in maturity requirements to 7.0 percent soluble solids with 7.0 to 1 solids to acid ratio. Committee members believed that this was too much of a change and that it would negatively impact the quality of the fruit. Therefore, this option was rejected. Another alternative considered was making no change to the maturity requirement. However, the Committee believed that some adjustment should be made to accommodate fruit from young trees. The Committee also recognized the special circumstances surrounding this season as a result of the hurricanes. Consequently, the Committee unanimously supported the action taken by this rule. This rule will not impose any additional reporting or recordkeeping requirements on either small or large 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. However, grapefruit must meet the requirements as specified in the U.S. Standards for Grades of Florida Grapefruit (7 CFR 51.760 through 51.784) issued under the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 through 1627). The Committee's meeting was widely publicized throughout the citrus industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the November 16, 2004, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. In addition, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. 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. This rule invites comments on a reduction in the minimum maturity requirements prescribed under the order until July 31, 2005. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that this interim final 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 upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)Handlers began shipping grapefruit in late September;

(2)Florida grapefruit growers need to know as soon as possible that they can begin picking this fruit;

(3)the Committee recommended this change at a public meeting and interested parties had an opportunity to provide input; and

(4)this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. For the reasons set forth in the preamble, 7 CFR part 905 is amended as follows: PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA 1. The authority citation for 7 CFR part 905 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 905.306, paragraph

(e)is amended as follows: a. By designating the current text preceding Table III as paragraph (e)(1); b. By adding new paragraph (e)(2) to read as follows: § 905.306 Orange, Grapefruit, Tangerine, and Tangelo Regulations.

(e)* * *

(2)Notwithstanding the provision of paragraph (e)(1) of this section, for the period December 23, 2004 to July 31, 2005, all grapefruit shipped under the order shall meet minimum maturity requirements of 7.5 percent soluble solids (sugars) and 7.5 to 1 solids to acid ratio or shall comply with one of the alternate equivalent soluble solids and solids to acid ratio combinations set forth in Table III: Provided, That the minimum ratio shall not drop below 7.2 even if the soluble solids (sugars) reaches a level higher than 9.6. Dated: December 15, 2004. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 04-27892 Filed 12-17-04; 4:47 pm]

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