Unknown. Final rule
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/register/2005/02/23/05-3389A 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-2005-02-23.xml --- 70 35 Wednesday, February 23, 2005 Contents Agricultural Agricultural Marketing Service RULES Melons grown in— South Texas, 8709-8712 05-3389 Spearmint oil produced in— Far West, 8712-8716 05-3480 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Natural Resources Conservation Service Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.:
Ventria Bioscience; genetically engineered rice expressing lactoferrin; field test, 8762-8763 E5-701 E5-703 Antitrust Antitrust Division NOTICES National cooperative research notifications: American Society of Health-System Pharmacists, 8823 05-3437 U.S. Adopted Names Council, 8823 05-3438 VSI Alliance, 8823-8824 05-3436 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 8765-8766 05-3391 Centers Centers for Disease Control and Prevention NOTICES Organization, functions, and authority delegations:
Board of Scientific Counselors, National Institute for Occupational Safety and Health, 8812 05-3410 Coast Guard Coast Guard RULES Drawbridge operations: California, 8730 05-3414 PROPOSED RULES Drawbridge operations: Massachusetts, 8751-8752 05-3413 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8764-8765 05-3390 05-3392 05-3393 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:
Ukraine, 8783-8784 E5-740 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 8784 E5-713 Grants and cooperative agreements; availability, etc.: Gaining Early Awareness and Readiness for Undergraduate Programs, 8784-8788 05-3455 Leveraging Educational Assistance Partnership and Special Leveraging Educational Assistance Partnership Programs, 8788-8789 05-3456 Employment Employment and Training Administration NOTICES Adjustment assistance:
Aladdin Industries, LLC, 8824 E5-700 Dorby Group, 8824 E5-711 Gemini Textile Screenprint, Inc. et al., 8824-8828 E5-697 Glenshaw Glass Co., 8828 E5-710 Pfaltzgraff Co., 8828 E5-702 Rehau Inc., 8828 E5-709 Spang and Co., 8828 E5-708 Springs Industries, 8828 E5-712 Tee Jays Manufacturing Co., Inc., 8828-8829 E5-699 Venture Industries, 8829 E5-698 Reports and guidance documents; availability, etc.: Trade adjustment assistance; training and employment guidance letters to State workforce agencies, 8829-8849 05-3420 Energy Energy Department See Federal Energy Regulatory Commission RULES Classified information security violations; civil penalties assessment procedural rules; correction, 8716 05-3423 NOTICES Atomic energy agreements; subsequent arrangements, 8789 05-3422 Meetings:
Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, 8789 05-3464 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Texas; correction, 8878 C5-2616 Hazardous waste program authorizations: Mississippi, 8731-8734 05-3363 PROPOSED RULES Air programs: Stratospheric ozone protection— Essential use allowances allocation, 8753-8756 05-3451 Air quality implementation plans: Preparation, adoption, and submittal— Prevention of significant deterioration from nitrogren oxides, 8879-8917 05-3366 Hazardous waste program authorizations:
Mississippi, 8756 05-3364 NOTICES Committees; establishment, renewal, termination, etc.: Science Advisory Board, 8803-8804 05-3449 Pesticide programs: Methyl eugenol; tolerance reassessment decision; correction, 8804-8805 05-3447 Pesticides; emergency exemptions, etc.: Thiophanate methyl, etc., 8805-8806 05-3446 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Dichlormid, 8806-8811 05-3361 FCC Federal Communications Commission NOTICES Practice and procedure:
Form 321; mandatory electronic filing via Cable Operations and Licensing System; Media Bureau implementation, 8811 05-3431 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 8816-8817 05-3406 Disaster and emergency areas: Indiana, 8817-8818 05-3408 05-3409 West Virginia, 8818 05-3407 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act) and natural gas companies (Natural Gas Act):
Commission issuances; electronic notification, 8720-8726 05-3476 NOTICES Environmental statements; availability, etc.: AES Ocean Express, L.L.C., 8794-8795 E5-705 Georgia Power Co., 8795 E5-704 Environmental statements; notice of intent: Northern Natural Gas Co., 8796-8797 E5-733 Hydroelectric applications, 8797-8802 E5-707 E5-715 E5-716 E5-717 E5-722 Meetings: Enbridge Pipelines (KPC), 8802 E5-726 Regional transmission planning and expansion to facilitate fuel diversity; technical conference, 8802-8803 E5-718 *Applications, hearings, determinations, etc.:* Cheyenne Plains Gas Pipeline Company, L.L.C., 8789-8790 E5-727 Columbia Gas Transmission Corp., 8790 E5-725 E5-731 Discovery Gas Transmission LLC, 8791 E5-719 El Paso Natural Gas Co., 8791 E5-724 Green Mountain Power Corp., 8791-8792 E5-721 Northwest Pipeline Corp., 8792 E5-732 Panhandle Eastern Pipe Line Co., LP, 8792-8793 E5-729 Pinelawn Power, LLC, 8793 E5-706 PJM Interconnection, L.L.C., 8793 E5-720 Texas Eastern Transmission, LP, 8793-8794 E5-723 Trunkline LNG Co., LLC, 8794 E5-728 Wyoming Interstate Co., Ltd., 8794 E5-730 Federal Reserve Federal Reserve System RULES Availability of funds and collection of checks (Regulation CC):
Next-day availability checks and local checks; routing number guide; technical amendment, 8716-8718 05-3419 NOTICES Banks and bank holding companies: Permissible nonbanking activities, 8811 05-3416 Fish Fish and Wildlife Service RULES Hunting and fishing: Refuge-specific regulations CFR correction, 8748-8749 05-55501 NOTICES Endangered and threatened species: Recovery plans— Devils River minnow, 8818-8819 05-3411 Food Food and Drug Administration RULES Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation:
Food for human or animal consumption— Manufacturing, processing, packing, transportation, distribution, etc.; records establishment and maintenance; correction, 8726-8727 05-3424 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8812 05-3426 Grants and cooperative agreements; availability, etc.:
Nurse Practitioner and Nurse-Midwifery Education Program guidelines; Advanced Education Nursing Program, 8812-8816 05-3425 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Industry Industry and Security Bureau RULES Export Administration regulations: Denied persons list and specially designated nationals and blocked persons list; removal from loose-leaf version, 8718-8720 05-3465 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:
Net unrealized built-in gain; adjustment, 8727-8729 05-3462 Safe harbor sale and leaseback transactions; uniform capitalization of interest expense, 8729-8730 05-3463 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8875-8876 05-3459 05-3460 Meetings: Taxpayer Advocacy Panels, 8876-8877 05-3461 International International Trade Administration NOTICES Export trade certificates of review, 8766-8767 E5-739 International International Trade Commission NOTICES Import investigations:
Optical disk controller chips and chipsets and products, including DVD players and PC optical storage devices, 8822 05-3417 Outboard engines from— Japan, 8822-8823 05-3415 Justice Justice Department See Antitrust Division Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Alaska Native claims selection: Igiugig Native Corp., 8819 05-3404 Realty actions; sales, leases, etc.: Alaska, 8819 05-3405 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 8749-8750 05-3440 NOTICES Permits: Endangered and threatened species, 8767-8768 05-3441 Marine mammals, 8768-8783 05-3442 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 8820-8822 05-3386 05-3387 NRCS Natural Resources Conservation Service NOTICES Environmental statements; record of decision: Martinez Creek Watershed, TX, 8763-8764 05-3394 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 8849 05-3399 Environmental statements; availability, etc.:
P&G-Clairol, Inc., 8855-8856 05-3401 Walter Reed Army Medical Center, DC, 8856-8857 05-3402 Meetings: Reactor Safeguards Advisory Committee, 8857-8858 05-3396 Regulatory guides; issuance, availability, and withdrawal, 8858-8859 05-3400 *Applications, hearings, determinations, etc.:* Dominion Nuclear Connecticut, Inc., 8851-8855 05-3398 Duke Energy Corp., 8849-8851 05-3397 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Pipeline safety: Onshore oil pipelines; response plans, 8734-8748 05-3257 SEC Securities and Exchange Commission NOTICES Securities:
Suspension of trading— 21st Century Technologies, Inc., 8859 05-3507 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 8859-8861 E5-695 E5-696 National Association of Securities Dealers, Inc., 8862-8867 E5-734 E5-736 E5-737 E5-738 New York Stock Exchange, 8867-8868 E5-735 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES *Applications, hearings, determinations, etc.:* Meridian Venture Partners II, L.P., 8872 05-3443 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 8872-8874 05-3432 05-3433 05-3434 Surface Surface Transportation Board NOTICES Meetings:
Rail rate changes under the stand-alone cost methodology, 8874 05-3430 Railroad operation, acquisition, construction, etc.: R.J. Corman Railroad Property, LLC, 8875 05-3429 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board PROPOSED RULES Committees; establishment, renewal, termination, etc.:
Driver's Licenses and Personal Identification Cards Negotiated Rulemaking Advisory Committee, 8756-8761 05-3458 Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Meetings: Federal Tax Reform, President's Advisory Panel, 8875 05-3571 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 8877 05-3412 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 8868-8872 05-3427 Separate Parts In This Issue Part II Environmental Protection Agency, 8879-8917 05-3366 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 35 Wednesday, February 23, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 979 [Docket No. FV05-979-1 FIR] Melons Grown in South Texas; Temporary Suspension of Handling and Assessment Collection Regulations 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 suspending, for the 2004-05 fiscal period, the minimum grade, quality, maturity, container, pack, inspection, assessment collection, and other related requirements currently prescribed under the South Texas melon (cantaloupes and honeydews) marketing order (order). It also continues in effect the action that suspends reporting requirements, except for the acreage planting reports, which continue to be required during the suspension period. The order regulates the handling of melons grown in South Texas and is administered locally by the South Texas Melon Committee (Committee). This rule reduces handler costs while the industry evaluates whether the marketing order should be continued. EFFECTIVE DATE: March 25, 2005. FOR FURTHER INFORMATION CONTACT: Belinda G. Garza, Texas Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1313 E. Hackberry, McAllen, Texas 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 No. 156 and Order No. 979 (7 CFR part 979), regulating the handling of melons grown in South 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.” 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 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 continues in effect the action that suspends, for the remainder of the 2004-05 fiscal period, the minimum grade, quality, maturity, container, pack, inspection, and other related requirements previously prescribed under the South Texas melon order. For the purpose of this rule, these requirements are referred to as handling requirements. It also continues in effect the suspension of the assessment collection and all reporting requirements, with the exception of the acreage planting reports, which continue to be required during the suspension period. This rule reduces industry expenses, while the industry evaluates whether the marketing order should be continued. Section 979.52 of the order provides authority for grade, size, maturity, quality, and pack regulations for any variety of melons grown in the production area during any period. Section 979.52 also authorizes the modification, suspension, or termination of regulations issued under the order. Authority to terminate or suspend provisions of the order is specified in § 979.84. Section 979.60 provides that whenever melons are regulated pursuant to § 979.52, such melons must be inspected by the Federal-State Inspection Service, and certified as meeting the applicable requirements of such regulations. The cost of such inspection and certification is borne by handlers. Prior to November 27, 2004, fresh market shipments of South Texas melons were required to be inspected and were subject to minimum grade, quality, maturity, and container and pack requirements. Section 979.304 Handling regulation (7 CFR part 979.304) stated that no handler could handle cantaloupes grown in the production area unless such cantaloupes met the requirements specified for U.S. Commercial grade or better, except that not more than 8 percent serious damage including not more than 5 percent decay would be permitted. Honeydew melons were also required to meet the requirements of U.S. Commercial grade except that not more than 20 percent serious damage was allowed including not more than 10 percent for melons affected by decay. In addition, the combined juice from the edible portion of a sample of honeydews selected at random could contain not less than 8 percent soluble solids as determined by an approved hand refractometer. Individual containers of honeydew melons could contain no less than 25 percent U.S. Commercial grade or better quality. Individual containers of cantaloupe and honeydew melons could contain not more than double the specified lot tolerance for scorable defects. The order's container and pack requirements were also specified in § 979.304. Cantaloupes and honeydew melons were required to be packed in fiberboard cartons of specified dimensions. Each carton was required to be marked to indicate the count; the name, address, and zip code of the shipper; the name of the product; and the words “Produce of U.S.A.” or “Product of U.S.A.” Additionally, if the carton was not clean and bright in appearance without marks, stains, or other evidence of previous use, the carton was required to be marked with the words “USED BOX.” Honeydew melons were also required to be packed in bulk containers with specified dimensions. Section 979.304 further included a minimum quantity exemption of 120 pounds per day, and reporting and safeguard requirements for special purpose and experimental shipments. Related provisions appeared in the regulations in § 979.106 *Registered handler* ; § 979.152 *Handling of culls* ; and § 979.155 *Safeguards* . The Committee meets prior to and during each season to consider recommendations for modification, suspension, or termination of the regulatory requirements that have been issued on a continuing basis for South Texas melons. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA reviews Committee recommendations and information submitted by the Committee and other available information, and determines whether modification, suspension, or termination of the regulatory requirements would tend to effectuate the declared policy of the Act. At its September 16, 2004, meeting, the Committee unanimously recommended suspending, for the 2004-05 fiscal period, the handling, assessment collection, and all reporting requirements, except for the acreage planting reporting requirement. The 2004-05 fiscal period began October 1, 2004, and ends September 30, 2005. The objective of the handling and inspection requirements is to ensure that only acceptable quality cantaloupe and honeydew melons enter fresh market channels, thereby ensuring consumer satisfaction, increasing sales, and improving returns to growers. While the industry continues to believe that quality is an important factor in maintaining sales, the Committee believes that the cost of inspection and certification (mandated when minimum requirements are in effect) would exceed the benefits derived, especially in view of reduced melon acreage and yields in recent years. The South Texas cantaloupe and honeydew melon industry has been shrinking due to the inability to provide dependable supplies because of adverse weather conditions, a lack of success in breeding improved quality melons buyers desire, and intense foreign and domestic competition. South Texas historically had enjoyed a marketing window of approximately six weeks beginning about May 1 each season. That window has steadily eroded in recent years due to strong competition and quality problems with Texas melons. As a result, acreage has decreased dramatically from a high of 27,463 acres in 1987 to 4,780 in 2004. The number of producers and handlers also has declined. The Committee recommended suspending the regulations and assessment collections for one fiscal period in hopes that new plants might be developed and help revive the industry. Some in the industry believe that the order is no longer needed. The suspensions are designed to decrease handler costs, while the industry evaluates whether the marketing order should be continued. Underlying economics for the South Texas melon industry did not justify continuing the regulations for 2004-05. Too little revenue would be generated for an effective marketing and promotion program, and buyer demands have superseded the regulations in dictating quality requirements. Buyers have been requesting better quality melons. This rule continues in effect the action that enables handlers to ship melons without regard to the minimum grade, quality, maturity, container, pack, inspection, and related requirements for the remainder of the 2004-05 fiscal period. It continues in effect the action that decreases industry expenses associated with inspection and assessments. This rule does not restrict handlers from seeking inspection on a voluntary basis. Consistent with the temporary suspension of § 979.304, this rule also continues in effect the action that suspends § 979.106, § 979.152, and § 979.155 of the rules and regulations in effect under the order for the 2004-05 fiscal period. Section 979.106 provided for the registration of handlers, § 979.152 detailed procedures for the handling of cull melons, and § 979.155 provided safeguard requirements for special purpose shipments and established reporting and recordkeeping requirements when such exemptions were in place. In addition, this rule also continues in effect the action that temporarily suspends § 979.219 requiring that an assessment rate of $0.09 per carton of melons be collected from South Texas melon handlers. Consistent with suspension of § 979.219, § 979.112 specifying late payment charges on delinquent assessments is also suspended. Authorization to assess melon handlers enables the Committee to incur expenses that are necessary to administer the marketing order. With the suspension of handling, inspection, and assessment requirements, a limited Committee budget is needed for program administration and the collection of the acreage planting reports. For the period of the suspension, the Committee recommended a reduced budget of $70,959 to cover anticipated expenses. Adequate funds to cover these expenses are currently in the Committee's reserves. 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 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 16 handlers of South Texas melons who are subject to regulation under the marketing order and approximately 29 melon growers in the regulated area. Small agricultural service firms are defined by the Small Business Administration
(SBA)(13 CFR 121.201) as those having annual receipts of less than $5,000,000, and small agricultural growers are defined as those having annual receipts of less than $750,000. Most of the handlers are vertically integrated corporations involved in growing, shipping, and marketing melons. For the 2003-04 marketing year, the industry's 16 handlers shipped melons produced on 4,780 acres with the average and median volume handled being 89,012 and 10,655 containers, respectively. In terms of production value, total revenue for the 16 handlers was estimated to be $12,175,919, with the average and median revenues being $760,996 and $91,094, respectively. The South Texas melon industry is characterized by growers and handlers whose farming operations generally involve more than one commodity, and whose income from farming operations is not exclusively dependent on the production of melons. Alternative crops provide an opportunity to utilize many of the same facilities and equipment not in use when the melon production season is complete. For this reason, typical melon growers and handlers either double-crop melons during other times of the year or produce alternative crops, like onions. Based on the SBA's definition of small entities, the Committee estimates that all of the 16 handlers regulated by the order would be considered small entities if only their spring melon revenues are considered. However, revenues from other productive enterprises might push a number of these handlers above the $5,000,000 annual receipt threshold. Of the 29 growers within the production area, few have sufficient acreage to generate sales in excess of $750,000; therefore, the majority of growers may be classified as small entities. At its September 16, 2004, meeting, the Committee unanimously recommended suspending, for the 2004-05 fiscal period, the handling, assessment collection, and all reporting requirements, except for the acreage planting reporting requirement. The Committee requested that the rule be effective for the 2004-05 fiscal period, which began October 1, 2004, and ends September 30, 2005. The objective of the handling and inspection requirements was to ensure that only acceptable quality cantaloupe and honeydew melons entered fresh market channels, thereby ensuring consumer satisfaction, increasing sales, and improving returns to growers. While the industry continues to believe that quality is an important factor in maintaining sales, the Committee believes that the cost of inspection and certification (mandated when minimum requirements are in effect) would exceed the benefits derived, especially in view of reduced melon acreage and yields in recent years. This results in reduced melon shipments and reduced assessment income. The South Texas cantaloupe and honeydew melon industry has been shrinking due to the inability to provide dependable supplies because of adverse weather conditions, a lack of success in breeding improved quality melons buyers desire, and intense foreign and domestic competition. South Texas historically had enjoyed a marketing window of approximately six weeks beginning about May 1 each season. That window has steadily eroded in recent years due to strong competition and quality problems in Texas melons. As a result, acreage has decreased dramatically from a high of 27,463 acres in 1987 to 4,780 in 2004. The number of producers and handlers also has declined. Some in the industry believe that the marketing order is no longer needed. Underlying economics for the South Texas melon industry did not justify continuing the regulations for 2004-05. Too little assessment revenue would be generated for an effective marketing and promotion program, and buyer demands have superseded the regulations in dictating quality requirements. This rule continues in effect the action that enables handlers to ship melons without regard to the minimum grade, quality, maturity, container, pack, inspection, and related requirements for the remainder of the 2004-05 fiscal period. It decreases industry expenses associated with inspection and assessments. This rule does not restrict handlers from seeking inspection on a voluntary basis. In addition, this rule also continues in effect the action that suspends § 979.219 requiring that an assessment rate of $0.09 per carton of melons be collected from South Texas melon handlers. Consistent with the suspension of § 979.219, § 979.112 specifying late payment charges on delinquent assessments continues to be suspended. Authorization to assess melon handlers enables the Committee to incur expenses that are necessary to administer the marketing order. With the suspension of handling, inspection, and assessment requirements, a limited Committee budget is needed for program administration and collection of acreage planting reports. For the period of the suspension, the Committee recommended a reduced budget of $70,959 to cover anticipated expenses. Adequate funds to cover these expenses are currently in the Committee's reserves. The Committee anticipates that this rule will not negatively impact small businesses. This rule continues in effect the action that suspends minimum grade, quality, maturity, container, pack, inspection, assessment collection, some reporting, and other related requirements. Further, this rule continues in effect the action that allows handlers and growers the choice to obtain inspection for melons, as needed, thereby reducing costs for the industry. The total cost of inspection and certification for fresh shipments of South Texas melons during the 2003-04 marketing season was $46,000. These costs will not be incurred during the 2004-05 season. The suspension of the assessment collection requirements for the 2004-05 season also results in some cost savings. Assessment collections during the 2003-04 season totaled $102,988. Absent the suspension of § 979.219, assessments collected during the 2004-05 season would have been about $292,840. The Committee considered suspension of the marketing order, but wished to continue receiving data on plantings for a one-year period before deciding whether the order should be continued. It is possible that the Committee might recommend that the order be terminated after the 2004-05 fiscal period if conditions do not improve. Some Committee members felt that termination was premature, while others felt the order should be immediately eliminated. The Committee recommended the suspension of regulations for one fiscal period as an orderly and reasonable compromise. This will enable the Committee to study the impact of suspension, allow the continued collection of data on acreage projections, and minimize disruption if the Committee chooses to recommend termination after the 2004-05 fiscal period. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements being suspended by this rule were approved previously by the Office of Management and Budget
(OMB)and assigned OMB No. 0581-0178. Suspension of some of the reporting requirements is expected to reduce the reporting burden on small or large South Texas melon handlers by 6.12 hours, and should further reduce industry expenses. During the suspension period, handlers will not have to file the following forms with the Committee: Application for Registered Handler (1.74 burden hours); Certification for Handling Melons for Processing (0.70 burden hours); Relief or Charity Certification for Handling Melons Which Fail to Meet the South Texas Rules and Regulations (0.35 burden hours); Certificate of Privilege (0.83 burden hours); and Special Purpose Shipment (2.50 hours). This rule will not impose any additional reporting or recordkeeping requirements on either small or large melon 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 meeting was widely publicized throughout the melon industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the September 16, 2004, meeting was a public meeting 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 November 26, 2004. Copies of the rule were mailed by the Committee's staff to all Committee members and melon 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 60-day comment period which ended January 25, 2005. One comment was received during that period. The comment concerned melon imports from Mexico and is, therefore, not applicable to this rulemaking action because the South Texas melon marketing order does not impact melon imports. The comment also stated that the Committee should be disbanded. The Committee is authorized under the marketing order and the Act. No changes are 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 the regulations suspended in this final rule, which adopts, without change, the interim final rule, as published in the **Federal Register** (69 FR 68761, November 26, 2004), no longer tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 979 Marketing agreements, Melons, Reporting and recordkeeping requirements. PART 979—MELONS GROWN IN SOUTH TEXAS Accordingly, the interim final rule amending 7 CFR part 979 which was published at 69 FR 68761 on November 26, 2004, is adopted as a final rule without change. Dated: February 16, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05-3389 Filed 2-22-05; 8:45 am]
Connectionstraces to 3
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- 7 CFR 979
- 7 USC 601-674
- 7 CFR 979.304
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Cite7 CFR 979
Cite7 USC 601-674
Cite7 CFR 979.304
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