Unknown. Final rule

4,310 words·~20 min read·/register/2005/02/04/05-2154

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-2005-02-04.xml --- 70 23 Friday, February 4, 2005 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 5915-5917 05-2154 PROPOSED RULES Prunes (dried) produced in— California, 5944-5946 05-2153 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Bovine spongiform encephalopathy; minimal-risk regions and importation of commodities Correction, 6083 C4-28593 NOTICES Meetings: Veterinary biological products; manufacture, distribution, and use, 5963 05-2152 Antitrust Antitrust Division NOTICES National cooperative research notifications: Accredited Standards Committee N-13 on Radiation Protection, 6039-6040 05-2161 American Board of Orthopaedic Surgery, 6040 05-2159 American Forest & Paper Association, 6040 05-2162 National Registry of Emergency Medical Technicians, 6040 05-2160 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 6009-6011 05-2144 Committees; establishment, renewal, termination, etc.:

National Center for Health Statistics, Scientific Counselors Board, 6011 05-2140 Meetings: Community Preventive Services Task Force, 6011 05-2143 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Electronic prescribing and the prescription drug program, 6255-6274 05-1773 Medicare: Organ procurement organizations; new standards for coverage, 6085-6137 05-1695 Requirements for approval and re-approval of transplant centers to perform organ transplants, 6139-6182 05-1696 Medicare; conditions for coverage for end-stage renal disease facilities, 6183-6254 05-1622 NOTICES Medicare:

In-State quality improvement organization contracts; statements of interest solicitation from various States, 6012-6013 05-1878 Medicare Prescription Drug, Improvement, and Modernization Act of 2003; implementation— Oxygen and oxygen equipment; 2005 monthly payment amounts, 6013-6014 05-2176 Meetings: Medicare— Practicing Physicians Advisory Council, 6014-6015 05-2175 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 5963-5965 05-2202 05-2204 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act:

Futures commission merchants and introducing brokers; risk disclosure statement; distribution, 5923-5925 05-1906 Defense Defense Department NOTICES Acquisition regulations: Small disadvantaged businesses; price evaluation adjustment; suspension, 5969 05-2174 Agency information collection activities; proposals, submissions, and approvals, 5969-5970 05-2170 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 5970-5972 05-2197 05-2199 Drug Drug Enforcement Administration RULES Records, reports, and exports of listed chemicals:

Chemical mixtures containing regulated chemicals; import/export reporting requirements; temporary waiver, 5925-5926 05-2212 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Comprehensive School Reform Quality Initiatives Program, 5972-5978 E5-438 05-2225 Meetings: National Assessment Governing Board, 5978-5979 05-2109 Tribal Colleges and Universities, President's Board of Advisors, 5979 05-2280 Employee Employee Benefits Security Administration PROPOSED RULES Employee Retirement Income Security Act:

Multiemployer defined benefit pension plans; annual funding notice, 6305-6312 05-2151 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 6043-6044 05-1872 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.: Powerex Corp., 5979-5980 05-2183 Energy Energy Efficiency and Renewable Energy Office NOTICES Consumer products; energy conservation program:

Fujitsu General Ltd.; waiver from air conditioner and heat pump test procedures, 5980-5984 05-2184 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Florida, 5928-5930 05-2072 Kentucky; withdrawn, 5927-5928 05-2069 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 5930-5932 05-2058 PROPOSED RULES Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 5949 05-2059 NOTICES Air pollution control:

State operating permits programs— Louisiana, 6002-6003 05-2181 Environmental statements; availability, etc.: Agency statements— Comment availability, 6003-6005 05-1628 05-2178 Weekly receipts, 6004-6005 05-2177 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 5917-5920 05-1805 McDonnell Douglas, 5920-5923 05-1931 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Alabama, 5942-5943 05-2121 New Hampshire and West Virginia, 5937-5938 05-2123 Various States, 5933-5942 05-2119 05-2122 PROPOSED RULES Flood elevation determinations: Massachusetts, 5956-5957 05-2115 Minnesota, 5949-5953 05-2118 Tennessee and West Virginia, 5954-5956 05-2116 Texas, 5953-5954 05-2117 NOTICES Disaster and emergency areas: Indiana, 6029 05-2113 Ohio, 6029 05-2114 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 5990-5993 E5-418 Environmental statements; availability, etc.:

Gulf South Pipeline Co., LP, 5993-5994 E5-451 Jewell Ridge Pipeline Co. LLC, 5994-5996 E5-449 Environmental statements; notice of intent: Eastern Shore Natural Gas Co., 5996-5998 E5-450 Tennessee Gas Pipeline Co., 5998-6000 E5-428 Hydroelectric applications, 6000 E5-422 Meetings: New England Power Pool and ISO New England, Inc.; technical conference, 6000-6001 E5-441 Principles for efficient and reliable reactive power supply and consumption; technical conference, 6001 E5-452 Off-the-record communications, 6001-6002 E5-445 Reports and guidance documents; availability, etc.:

Natural gas pipelines; selective discounting policy; correction, 6002 E5-423 *Applications, hearings, determinations, etc.:* Cheyenne Plains Gas Pipeline Co., LLC, 5984 E5-427 Credit Suisse First Boston Energy, LLC, 5984-5985 E5-421 Diablo Winds, LLC, 5985 E5-420 El Paso Natural Gas Co., 5985-5986 E5-447 Gulf South Pipeline Co., LP, 5986 E5-446 Jefferson Island Storage & Hub L.L.C., 5986 E5-444 Northwest Natural Gas Co., 5986-5987 E5-443 ONEOK WesTex Transmission, L.P., 5987 E5-442 Ozark Gas Transmission, L.L.C., 5987-5988 E5-448 Saltville Gas Storage Co.

L.L.C., 5988 E5-425 Texas Eastern Transmission, LP, 5988-5989 E5-419 Texas Gas Transmission, LLC, 5989-5990 E5-440 Viking Gas Transmission Co., 5990 E5-426 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 6006 05-2311 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses: CSI Cargo System Air and Sea, Inc., et al., 6006 05-2148 Freight Master Systems, International, Inc., 6006 05-2146 Full Package Logistics Inc., 6006 05-2147 LCL Cargo Services Inc., 6006-6007 05-2149 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards:

Driver's hours of service— Fatigue prevention; driver rest and sleep for safe operations, 5957-5959 05-2185 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Porter feathergrass, 5959-5962 05-2133 NOTICES Comprehensive conservation plans; availability, etc.: Bon Secour National Wildlife Refuge, AL, 6031-6033 05-2182 Environmental statements; notice of intent: San Diego, CA; Joint Water Agency Natural Communities Conservation Plan, 6033-6034 05-2141 Food Food and Drug Administration NOTICES Grants and cooperative agreements; availability, etc.:

State Food Safety and Food Security Task Force Meetings Conference Grant Program; correction, 6015-6016 05-2209 Meetings: Oncologic Drugs Advisory Committee, 6016 05-2208 GSA General Services Administration RULES Federal travel: Privately owned vehicle mileage reimbursement, 5932-5933 05-2124 NOTICES Agency information collection activities; proposals, submissions, and approvals, 6007 05-2145 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 5970-5972 05-2197 05-2199 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

President's Challenge Physical Activity and Fitness Awards Program, 6007-6009 05-2163 Meetings: Genetics, Health, and Society, Secretary's Advisory Committee, 6009 05-2129 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: President's Health Centers Initiative Program; assessing comprehensive primary and preventive health care services; need for assistance criteria, 6016-6023 05-2215 Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Environmental statements; record of decision:

Fort Detrick, MD; National Biodefense Analysis and Countermeasures Center Facility; construction and operation, 6026-6028 05-2092 Privacy Act: Systems of records, 6028-6029 05-2168 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 6029-6031 05-2213 05-2214 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 6275-6303 05-1873 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes:

S corporation securities; prohibited allocations; cross-reference; correction, 5948-5949 05-2200 International International Trade Administration NOTICES Antidumping: Honey from— Argentina, 5965-5966 E5-436 Tapered roller bearings and parts, finished or unfinished, from— China, E5-435 5966-5967 05-2186 International International Trade Commission NOTICES Import investigations: Greige polyester/cotton printcloth from— China, 6036-6037 05-2150 Justice Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Grants and cooperative agreements; availability, etc.:

Immigration related employment discrimination public education programs, 6037-6039 05-2132 Labor Labor Department See Employee Benefits Security Administration See Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6040-6043 05-2189 05-2195 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Eastern Montana; Miles City Field Office resource management plan, 6034-6035 05-2111 Reality actions; sales, leases, ect.:

New Mexico; correction [ **Editorial Note:** This document appearing at 70 FR 5697 in the **Federal Register** of February 3, 2005, was incorrectly indexed in that issue's Table of Contents] Management Management and Budget Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 6049-6051 05-2103 05-2104 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 5970-5972 05-2197 05-2199 Meetings:

Advisory Councils Minority Business Resource Advisory Committee, 6044-6045 05-2165 International Space Station Strategic Roadmap Committee, 6045 05-2166 Return to Flight Task Group, 6045 05-2164 National Credit National Credit Union Administration PROPOSED RULES Credit unions: Economic Growth and Regulatory Paperwork Reduction Act of 1996; implementation— Safety and soundness and anti-money laundering; burden reduction recommendations; comment request, 5946-5948 05-2205 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 6023-6024 05-2127 Meetings:

Center for the Evaluation of Risks to Human Reproduction, 6024 05-2125 Genetics, Health, and Society, Secretary's Advisory Committee, 6025 05-2128 National Institute of Diabetes and Digestive and Kidney Diseases, 6025 05-2131 National Library of Medicine, 6025-6026 05-2130 Patent licenses; non-exclusive, exclusive, or partially exclusive: GRX Pharmaceuticals, 6026 05-2126 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5967-5968 05-2192 05-2193 Reports and guidance documents; availability, etc.:

U.S. Climate Change Science Program Synthesis and Assessment Product Prospectuses, 5969 05-2194 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Genzyme Biosurgery, 6047 05-2138 Savanah River Site, SC; mixed oxide fuel fabrication facility, 6047-6049 05-2137 Meetings: Nuclear Waste Advisory Committee, 6049 05-2135 *Applications, hearings, determinations, etc.:* Energy Department/National Nuclear Security Agency, 6045-6046 05-2134 Soil Consultants, Inc., 6046-6047 05-2136 Office Office of Management and Budget See Management and Budget Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group, 6035-6036 05-2142 SEC Securities and Exchange Commission NOTICES Securities: Suspension of trading— Mosaic Nutriceuticals Corp., 6051 05-2264 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 6051-6059 E5-429 E5-432 Fixed Income Clearing Corp., 6059-6060 E5-430 International Securities Exchange, Inc., 6060-6061 E5-433 National Association of Securities Dealers, Inc., 6061-6063 E5-431 Pacific Exchange, Inc., 6063-6065 E5-434 Surface Surface Mining Reclamation and Enforcement Office NOTICES Environmental statements; availability, etc.:

Black Mesa and Kayenta coal mines et al., AZ and NV, 6036 05-2180 Trade Trade Representative, Office of United States NOTICES Andean Trade Promotion and Drug Eradication Act: Beneficiary countries; eligibility criteria, 6065 05-2188 Trade Policy Staff Committee: European Union; rice import regime changes; potential tariff concessions withdrawals and applied duties increase, 6065-6066 05-2196 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 6066-6067 05-2167 Reports and guidance documents; availability, etc.:

National origin discrimination as it affects limited English proficient persons; prohibition; policy guidance to Federal financial assistance recipients, 6067-6076 05-2156 Veterans Veterans Affairs Department RULES Medical benefits: Non-VA physician services associated with outpatient or inpatient care at non-VA facilities; payment, 5926-5927 05-2107 NOTICES Agency information collection activities; proposals, submissions, and approvals, 6076-6078 05-2105 05-2158 Inventions, Government-owned; availability for licensing, 6079 05-2108 Privacy Act:

Systems of records, 6079-6082 05-1991 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 6085-6137 05-1695 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 6139-6182 05-1696 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 6183-6254 05-1622 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 6255-6274 05-1773 Part VI Housing and Urban Development Department, 6275-6303 05-1873 Part VII Labor Department, Employee Benefits Security Administration, 6305-6312 05-2151 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. 70 23 Friday, February 4, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Docket No. FV04-905-3 FIR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Limiting the Volume of Small Red Seedless Grapefruit AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule removes the weekly percentages established for the first 22 weeks of the 2004-05 season beginning September 20, 2004. The Citrus Administrative Committee voted to take this action following the crop losses the industry sustained from Hurricanes Charley, Frances, and Jeanne. It is expected that this action will provide more red seedless grapefruit for shipment to the fresh fruit market. DATES: Effective February 5, 2005.

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; 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 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.” USDA is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule removes the weekly percentages established for the first 22 weeks of the 2004-05 season beginning September 20, 2004. 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 terminates an interim final rule published in the **Federal Register** on August 16, 2004 (69 FR 50269) which established limits on the volume of small red seedless grapefruit entering the fresh market. This rule removes the weekly percentages established for the first 22 weeks of the 2004-05 season beginning September 20, 2004. The Committee voted to terminate this action following its crop losses from Hurricanes Charley, Frances, and Jeanne. It is expected that this action will provide more red seedless grapefruit for shipment to the fresh fruit market. Section 905.52 of the order provides authority to limit shipments of any grade or size, or both, of any variety of Florida citrus. Such limitations may restrict the shipment of a portion of a specified grade or size of a variety. Under such a limitation, the quantity of such grade or size a handler may ship during a particular week is established as a percentage of the total shipments of such variety shipped by that handler during a prior period, established by the Committee and approved by USDA. Section 905.153 of the regulations provides procedures for limiting the volume of small red seedless grapefruit entering the fresh market. The procedures specify that the Committee may recommend that only a certain percentage of sizes 48 and 56 red seedless grapefruit be made available for shipment into fresh market channels for any week or weeks during the regulatory period. The regulation period is 22 weeks long and begins the third Monday in September. Under such limitation, the quantity of sizes 48 and 56 red seedless grapefruit that may be shipped by a handler during a regulated week is calculated using the recommended percentage. An interim final rule was published in the **Federal Register** which limited the volume of sizes 48 (3 9/16 inches minimum diameter) and 56 (3 5/16 inches minimum diameter) red seedless grapefruit entering the fresh market by instituting weekly percentages for the first 22 weeks of the 2004-05 season. The rule established weekly percentages at 45 percent for the first three weeks (September 20, 2004 through October 10, 2004, 36 percent for weeks 4 through 18 (October 11, 2004 through January 23, 2005), 40 percent for weeks 19 and 20 (January 23, 2005 through February 6, 2005), and 45 percent for weeks 21 and 22 (February 7, 2005 through February 20, 2005). The Committee recommended this action unanimously at a meeting June 15, 2004. Similar limitations were implemented during the previous seven seasons. On August 13, 2004, Hurricane Charley hit the west coast of Florida, doing considerable damage to the 2004 citrus crop. On September 5, 2004, Hurricane Frances hit the east coast of Florida, the primary growing region for red seedless grapefruit. Again, there was a great deal of damage to the citrus industry. Then on September 26, 2004, Hurricane Jeanne hit Florida, nearly following the same path as Hurricane Frances, further damaging the citrus crop. The extent of the loss is evident in the official USDA crop estimate for grapefruit during the 2004-05 season. The estimate is now 13 million 4/5 bushel cartons. This is about 70 percent less than last year's estimate. At its November 16, 2004, meeting, the Committee discussed the percentage of size rule which went into effect on September 20, 2004. The percentage of size regulation helps reduce the detrimental market effects of small-sized red seedless grapefruit over-supplies. With the loss of so much of the red seedless grapefruit crop due to the hurricanes, the Committee believes that a percentage size regulation for 2004-05 is not needed. In fact, the Committee believes that there may be an insufficient amount of fruit to supply the demand for fresh fruit. There will be less large-sized red seedless grapefruit in 2004-05, so more of the smaller sizes will be needed to supply consumer demand. Consequently, the reasons for regulating the amount of small red seedless grapefruit entering the fresh market during the 2004-05 season are no longer applicable. Therefore, the Committee unanimously recommended terminating the rule currently in effect. 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 action on small entities. Accordingly, AMS has prepared this 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 growers of citrus in the regulated area. Small agricultural service firms, including 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 red seedless grapefruit during the 2003-04 season was approximately $7.58 per 4/5-bushel carton, and total fresh shipments for the 2003-04 season are estimated at 24.7 million cartons of red grapefruit. Approximately 25 percent of all handlers handled 75 percent of Florida's grapefruit shipments. Using the average f.o.b. price, at least 80 percent of the grapefruit handlers could be considered small businesses under SBA's definition. Therefore, the majority of Florida grapefruit handlers may be classified as small entities. The majority of Florida grapefruit producers may also be classified as small entities. This rule terminates an interim final rule published in the **Federal Register** on August 16, 2004, (69 FR 50269) which set limits on the volume of small red seedless grapefruit entering the fresh market. The interim final rule established weekly percentages in § 905.350 for the first 22 weeks of the 2004-05 season beginning September 20, 2004, under the provisions of § 905.153. Authority for this action is provided in § 905.52. USDA may terminate a regulation if it does not tend to effectuate the declared policy of the Act. The Committee unanimously voted to terminate the interim final rule and the percentage size regulation at a meeting held on November 16, 2004. 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 supplied for this season which reflects a 70 percent decrease from last year's estimate. With the available volume of red seedless grapefruit substantially reduced, there is no longer any need to regulate volume for the 2004-05 season. Consequently, the Committee voted to terminate this action. This action will not create any additional costs for growers or handlers. This rule will not impose any additional reporting or recordkeeping requirements on either small or large citrus 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, as noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meetings were widely publicized throughout the citrus industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the June 15, 2004, and November 16, 2004, meetings were public meetings and all entities, both large and small, were able to express their views on this issue. An interim final rule concerning this action was published in the **Federal Register** on August 16, 2004. Copies of the rule were mailed by the Committee's staff to all Committee members and grapefruit handlers. In addition, the rule was made available through the Internet by USDA and the Office of the Federal Register. That rule provided for a 30-day comment period which ended September 15, 2004. One comment was received. The commenter expressed concern that limiting the volume of grapefruit in order to raise prices negatively affected the consumer. The comment has been noted. However, the Committee has recommended terminating this action, effectively eliminating volume regulations for the 2004-05 season. Therefore, no changes will be made as a result of the comment. 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 Committee's recommendation, and other information, it is found that terminating the interim final rule, as published in the **Federal Register** (69 FR 502769, August 16, 2004) will tend to effectuate the declared policy of the Act. Further, it also is found that implementation of the percentage size regulation during the 2004-05 season would not effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because this rule terminates percentage size regulations which were not needed for the first 22 weeks of the 2004-05 shipping season. List of Subjects in 7 CFR Part 905 Grapefruit, Marketing agreements, Oranges, Reporting and recordkeeping requirements, Tangelos, Tangerines. For the reasons discussed 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 part 905 continues to read as follows: Authority: 7 U.S.C. 601-674. § 905.350 [Removed and reserved] 2. Section 905.350 is removed and reserved. Dated: January 31, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05-2154 Filed 2-3-05; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

CFR