Unknown. Interim final rule with request for comments

5,862 words·~27 min read·/register/2005/06/24/05-12616·

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-2005-06-24.xml --- 70 121 Friday, June 24, 2005 Contents Agricultural Agricultural Marketing Service RULES Avocados grown in— Florida, 36467-36470 05-12616 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Food and Nutrition Service See Natural Resources Conservation Service NOTICES Conservation Security Program: Program payments under Internal Revenue Code; determination, 36557 05-12516 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 Inventions, Government-owned; availability for licensing, 36610-36611 05-12498 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 36611 05-12499 National Occupational Research Agenda; Web site update and future design input request, 36611-36612 05-12500 Reports and guidance documents; availability, etc.: Anthrax immune globulin studies in animals; preliminary results, 36644 05-12497 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department RULES Medicare: Ambulatory surgical centers; covered procedures; list update Correction, 36533 05-12522 NOTICES Agency information collection activities; proposals, submissions, and approvals, 36612-36613 05-12161 05-12492 Grants and cooperative agreements; availability, etc.:

Medicare— Medical Adult Day-Care Services Demonstration Program, 36613-36615 05-12524 State Children's Health Insurance Program (2006 FY), 36615-36620 05-12521 Medicare: Inpatient rehabilitation facility classification criteria, 36640-36641 05-12593 Medicare and Medicaid: Program issuances and coverage decisions; quarterly listing, 36620-36640 05-12525 Meetings: Medicare— Demonstration of Bundled Case-Mix Adjusted Payment System for End-Stage Renal Disease Services Advisory Board, 36642 05-12523 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 36642-36643 05-12515 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Indian River, FL, 36509-36511 05-12540 NOTICES Committees; establishment, renewal, termination, etc.: Navigation Safety Advisory Council, 36648-36649 05-12539 Reports and guidance documents; availability, etc.: Nontank vessel oil response plans; owner and operator requirements; legislation issues, 36649-36650 05-12541 Commerce Commerce Department See Foreign-Trade Zones Board 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, 36559-36561 E5-3296 E5-3297 Commodity Commodity Credit Corporation PROPOSED RULES Loan and purchase programs:

Cottonseed Payment Program, 36536-36539 05-12485 Defense Defense Department See Navy Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 36565-36566 05-12482 05-12506 05-12507 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Safe and Drug-Free Schools Programs— Alcohol and other drug prevention models on college campuses, 36568-36571 05-12588 05-12589 Special education and rehabilitative services— National Assistive Technology Public Internet Site Program, 36571-36575 05-12592 Privacy Act:

Systems of records, 36575-36577 05-12590 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 36659-36660 05-12232 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 36577-36578 05-12520 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Cellulose products manufacturing; correction, 36523-36524 05-12576 Air programs; State authority delegations: Iowa and Kansas, 36515-36523 05-12577 Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 36511-36515 05-12581 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Trifloxystrobin, 36524-36533 05-12447 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 36546-36547 05-12582 Solid wastes:

Hazardous waste; identification and listing— Exclusions, 36547-36554 05-12579 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 36582-36583 05-12555 Weekly receipts, 36581-36582 05-12529 Grants and cooperative agreements; availability, etc.: Drinking Water State Revolving Fund Program, 36583-36586 05-12660 Pesticide programs: Risk assessment— Carbofuran, 36586-36588 05-12446 Toxic and hazardous substances control: New chemicals— Receipt and status information, 36588-36594 05-12574 Executive Executive Office of the President See Management and Budget Office See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Agusta S.p.A., 36484-36486 05-12419 Airbus, 36476-36479 05-12312 AvCraft Dornier, 36470-36472 05-12304 Boeing, 36474-36476, 36486-36488 05-12311 05-12315 Cessna, 36472-36474 05-12306 Eurocopter France, 36482-36484 05-12418 McDonnell Douglas, 36479-36480 05-12313 Turbomeca, S.A., 36480-36482 05-12415 Class E airspace, 36488-36494 05-12563 05-12567 05-12568 PROPOSED RULES Airspace: Aviation weather information; new icing products; user input request and meeting, 36539-36540 05-12558 Class E airspace, 36540-36546 05-12559 05-12561 05-12562 NOTICES Meetings:

RTCA, Inc., 36688-36689 05-12531 05-12532 Passenger facility charges; applications, etc.: Gerald R. Ford International Airport, MI, 36689-36690 05-12557 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 36579-36580 E5-3273 E5-3288 Meetings: Pinnacle West Capital Corp. et al., 36581 E5-3290 Practice and procedure: Commission issuances; discontinuation of paper service to persons who receive electronic service, 36581 E5-3289 *Applications, hearings, determinations, etc.:* Mirant NY-Gen LLC, 36578 E5-3292 Point Comfort Pipeline Company, L.P., 36578-36579 E5-3293 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 36690-36691 05-12530 Fish Fish and Wildlife Service PROPOSED RULES Migratory bird hunting:

Alaska; spring/summer subsistence harvest regulations, 36794-36799 05-12554 NOTICES Comprehensive conservation plans; availability, etc.: Detroit River International Wildlife Refuge, MI, 36650-36651 05-12501 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 36558 05-12478 Meetings: Maternal, Infant, and Fetal Nutrition National Advisory Council, 36558-36559 05-12479 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California Space Systems/Loral, Inc.; manufacturing facilities; correction, 36561 05-12583 GSA General Services Administration NOTICES Acquisition regulations:

Personal Data (Warning) (OF 86A); form cancellation, 36594 05-12487 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health PROPOSED RULES Health care programs; fraud and abuse: Health Insurance Portability and Accountability Act— Data collection program; final adverse actions reporting; correction, 36554-36555 05-12481 NOTICES Agency information collection activities; proposals, submissions, and approvals, 36594-36595 05-12489 05-12490 Grants and cooperative agreements; availability, etc.:

Heart health care programs for high-risk women, 36595-36605 05-12519 National Centers of Excellence in Women's Health and National Community Centers of Excellence in Women's Health Ambassadors for Change Program, 36605-36610 05-12518 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Inspector General Office: Subpoenas and production in response to subpoenas or demands of courts or other authorities, 36790-36791 05-12477 NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 36650 05-12241 Inspector Inspector General Office, Health and Human Services Department PROPOSED RULES Health care programs; fraud and abuse: Health Insurance Portability and Accountability Act— Data collection program; final adverse actions reporting; correction, 36554-36555 05-12481 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping:

Chlorinated isocyanurates from— China, 36561-36562 E5-3299 Spain, 36562-36563 E5-3300 Countervailing duties: Honey from— Argentina, 36563-36565 E5-3298 International International Trade Commission NOTICES Import investigations: Internal combustion industrial forklift trucks from— Japan, 36657 05-12480 North American Free Trade Agreement (NAFTA)— Modifications; probable effects, 36657-36658 05-12570 Justice Justice Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 36658-36659 05-12571 Labor Labor Department See Employment Standards Administration See Labor Statistics Bureau NOTICES Grants and cooperative agreements; availability, etc.:

Combating exploitive child labor through education in— Angola, 36659 05-12527 Sierra Leone and Liberia, 36659 05-12528 Labor Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 36660-36661 05-12517 Land Land Management Bureau NOTICES Closure of public lands: Idaho, 36651 05-12476 Coal leases, exploration licenses, etc.: Montana, 36651 05-12474 Environmental statements; availability, etc.: Wind energy development on BLM-administered lands in western United States, 36651-36653 05-12475 Meetings:

Resource Advisory Councils— Eastern Montana, 36653 05-12634 Withdrawal and reservation of lands: Montana; canceled, 36654 05-12587 Management Management and Budget Office NOTICES Meetings: Acquisition Advisory Panel, 36664-36665 05-12578 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: BLUE MOON, 36691 05-12545 COLD STEEL, 36691-36692 05-12550 DAEDALUS, 36692 05-12544 EQUITY, 36692-36693 05-12551 EXPLORER, 36693 05-12553 NSS PATTAM, 36693-36694 05-12548 PROMISE, 36694 05-12549 SEA FEVER, 36694-36695 05-12546 VALHALLA, 36695 05-12552 Millennium Millennium Challenge Corporation NOTICES Millennium Challenge Act:

Compact with Honduras, 36700-36788 05-12495 NASA National Aeronautics and Space Administration NOTICES Meetings: Planetary Protection Advisory Committee, 36661-36662 05-12595 Return to Flight Task Group, 36662 05-12594 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 36643-36644 05-12596 Inventions, Government-owned; availability for licensing, 36612 05-12597 Meetings: National Institute of Child Health and Human Development, 36647 05-12606 National Institute of Dental and Craniofacial Research, 36646-36647 05-12605 National Institute of Diabetes and Digestive and Kidney Diseases, 05-12601 36645-36646 05-12602 05-12603 05-12604 National Institute of General Medical Sciences, 05-12599 05-12600 05-12607 36645-36648 05-12609 National Institute on Alcohol Abuse and Alcoholism, 36644-36645 05-12598 Scientific Review Center, 36648 05-12608 NOAA National Oceanic and Atmospheric Administration RULES International fisheries regulations:

Pacific halibut— Catch sharing plan, 36533-36535 05-12585 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish; catch-monitoring standards; public workshop, 36555-36556 05-12584 NOTICES Environmental statements; notice of intent: Alaska Coastal Zone Management Program, 36565 05-12630 National Park National Park Service NOTICES Boundary establishment, descriptions, etc.: Biscayne National Park, FL, 36654 05-12534 Environmental statements; availability, etc.:

Chiricahua National Monument, AZ; fire management plan, 36654 05-12536 Lincoln Boyhood National Memorial, IN; general management plan, 36654-36655 05-12535 Environmental statements; notice of intent: Lassen Volcanic National Park, CA; comprehensive site plan, 36655 05-12537 Yellowstone and Grand Teton National Parks, and John D. Rockefeller Jr., Memorial Parkway, WY, MT, and ID; winter use plans, 36656 05-12538 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 36662-36663 05-12543 Meetings:

EarthScope Science and Education Advisory Committee, 36663 05-12542 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: Cape Cod Water Resources Restoration Project, MA, 36559 05-12591 Navy Navy Department NOTICES Environmental statements; notice of intent: F/A-18 E/F (Super Hornet) Aircraft; introduction to U.S. East Coast, 36566-36567 05-12486 Inventions, Government-owned; availability for licensing, 36567 05-12493 05-12494 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Rio Algom Mining, LLC, 36663-36664 E5-3291 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 Presidential Presidential Documents ADMINISTRATIVE ORDERS Western Balkans; continuation of national emergency (Notice of June 23, 2005), 36801-36803 05-12735 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-3280 36665-36666 E5-3286 E5-3287 Investment Company Act of 1940:

GE Life and Annuity Assurance Co., et al., 36666-36670 E5-3279 Meetings; Sunshine Act, 36670-36671 05-12647 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, E5-3276 36671-36673 E5-3278 Boston Stock Exchange, Inc., 36673-36676 E5-3274 E5-3294 Chicago Board Options Exchange, Inc., 36676-36678 E5-3295 Depository Trust Co., 36678-36679 E5-3283 Fixed Income Clearing Corp., E5-3281 36679-36680 E5-3285 National Association of Securities Dealers, Inc., 36681-36683 E5-3275 National Securities Clearing Corp., 36683 E5-3282 New York Stock Exchange, Inc., 36683-36685 E5-3284 Social Social Security Administration RULES Social security benefits and supplemental security income:

Federal old age, survivors, and disability insurance and aged, blind, and disabled— Vocational rehabilitation services, employment services, or other support services programs; benefit payments to participating individuals, 36494-36509 05-12432 State State Department NOTICES Culturally significant objects imported for exhibition: Lords of Creation: the Origins of Sacred Maya Kingship, 36685 05-12572 Meetings: President's Refugee Admissions Program (2006 FY), 36685 05-12573 Surface Surface Transportation Board NOTICES Rail carriers:

Control exemptions— Genesee & Wyoming Inc. et al., 36695-36696 05-12491 Railroad operation, acquisition, construction, etc.: Norfolk Southern Railway Co., 36696 05-12569 Railroad services abandonment: San Pedro Railroad Operating Co., LLC, 36696-36697 05-12383 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel establishment requests— Canada; softwood lumber, 36685-36688 05-12483 05-12484 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 36697 05-12533 Separate Parts In This Issue Part II Millennium Challenge Corporation, 36700-36788 05-12495 Part III Housing and Urban Development Department, 36790-36791 05-12477 Part IV Interior Department, Fish and Wildlife Service, 36794-36799 05-12554 Part V Executive Office of the President, Presidential Documents, 36801-36803 05-12735 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. 70 121 Friday, June 24, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 915 [Docket No. FV05-915-2 IFR] Avocados Grown in South Florida; Changes in Container and Reporting Requirements AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule changes the container and reporting requirements currently prescribed under the marketing order for avocados grown in South Florida. The marketing order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). This rule prohibits the handling of fresh market avocados in 20 bushel plastic field bins to destinations inside the production area.

This rule also requires handlers to provide, at the time of inspection, information regarding the number of avocados packed per container (count per container). These changes are expected to help reduce packing costs and facilitate the distribution of useful marketing information. DATES: Effective June 25, 2005; comments received by August 23, 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; 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: William G. Pimental, Marketing Specialist, 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. 121 and Marketing Order No. 915, both as amended (7 CFR part 915), regulating the handling of avocados grown in South 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 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 prohibits the handling of fresh market avocados in 20 bushel plastic field bins to destinations inside the production area. This rule also requires handlers to provide, at the time of inspection, information regarding the avocado count per container, which will, in turn, provide the Committee and the industry with information regarding the sizes of avocados packed. These changes are expected to decrease packing costs by reducing the annual loss of field bins and provide handlers with additional marketing information. The Committee unanimously recommended these changes at meetings held on September 8, 2004, and November 10, 2004. Section 915.51(4) of the order provides authority for establishing container requirements for the handling of avocados. Section 915.51(6) of the order provides that any or all requirements effective pursuant to § 915.51(4) shall be different for the handling of avocados within the production area and outside the production area. Section 915.305 of the order's rules and regulations specifies the avocado container requirements. Section 915.60 of the order provides authority for the Committee to require handlers to file reports and provide other information as may be necessary for the Committee to perform its duties. Section 915.150 specifies the requisite reporting requirements. This rule amends § 915.305 by adding a prohibition to the handling of fresh market avocados in 20 bushel plastic field bins to all destinations within the regulated production area. This rule also amends § 915.150 by adding a requirement that handlers provide additional pack information at the time of inspection. Currently, there are no specific container net weight or dimension requirements for avocados handled to destinations within the production area. However, shipments of avocados within the production area must meet maturity requirements and be inspected. Prior to this action, 20 bushel plastic field bins

(bins)were commonly being used for the purpose of moving avocados into the current of commerce within the production area (handling). Following the successful inspection of avocados packed in bins, the inspector would place a cardboard cover over the top of the bin and seal it with official Federal-State Inspection Service tape. The bins could then be transported and sold at the various markets throughout the production area. It should be noted that current container regulations do not authorize the use of field bins for shipments of avocados from within the production area to any point outside of the production area. At the September 8, 2004, meeting, Committee members raised the issue that, each year, a large number of bins are apparently misappropriated during the avocado season. Committee consensus is that the ongoing loss of the bins has been costly to the industry, with the average cost of a bin about $150 each. By Committee estimates, over 700 bins were lost during the previous season at a cost of over $100,000 to the bins' owners. In the harvesting of avocados, field bins have the primary function of transporting avocados from grove to packing facility. These bins are usually owned by individual packinghouses, or handlers, and are either delivered to, or picked up at, the packing facility by the harvester. Handlers have found that, much too often, field bins are not returned to the proper packinghouse, but are instead apparently misappropriated and used for other purposes. Because of their durability, many of the bins are acquired and reused by small cash handlers to pack and transport fruit in the production area. Often these bins are then abandoned at various market locations throughout the production area. Once the bins are transported to different market locations throughout the production area, they become very difficult to recover. The avocado groves and packinghouses are situated around the Homestead, Florida area. However, the production area stretches into Central Florida. Consequently, bins often end up in locations over 100 miles away in cities such as Tampa and Orlando. Once the avocados have been marketed, the bins are purportedly used for many different purposes and may be dispersed even further from the originating packinghouse. Handlers are thus provided very little chance of recovering them for their own use. The Committee believes that once bins are no longer authorized for use as containers for inspection, transportation, and sale of fresh avocados to markets within the production area, the movement of these containers will be limited, thus helping to reduce the number of lost bins. Cash handlers—generally handlers without packing facilities that tend to buy bulk avocados directly from the growers—will have to use different containers to pack and transport avocados within the production area. Committee members suggested that one such option could be a commonly available 20 bushel field bin constructed of cardboard rather than plastic, but at a much lower cost of about $10 each. The Committee believes this change will help to restrict the use of the expensive plastic field bins to their originally intended purpose as a method of conveyance of avocados from grove to packinghouse. Prohibiting the use of these bins for the purpose of handling fresh market avocados will help prevent them from being transported to locations far from the originating packinghouse. This, in turn, will result in the majority of the bins remaining in the local area where they are much more easily recovered. Reducing the number of lost bins represents a significant potential cost savings for the industry. Therefore, the Committee voted unanimously to put this regulation in place. This rule also revises the reporting requirements under the order. Handlers are currently reporting to the inspector at the time of inspection the number of 1/4 bushel, 1/2 bushel, and 4/5 bushel containers packed. This rule will not only require that handlers continue to provide the number and sizes of containers packed, but in addition, will require handlers to provide information regarding the number of avocados packed per type of container, or “count per container.” Knowing the actual number of avocados packed per container, in addition to the number and size of containers packed, the Committee and the industry will be armed with information regarding the various sizes of avocados being packed, as well as the quantity of different sizes being marketed. For example, a handler might report to the inspector on duty that the current lot being inspected has 500 1/4 bushel containers, 6 count each. This type of information would provide the Committee with information regarding the quantity of large avocados being packed. Prior to this change, no data was collected that provided information on the various sizes of avocados being packed. During the Committee's discussion of this issue, handlers agreed that although they were getting information regarding the number of bushels packed, it would be valuable to have information regarding the volume of small, medium, and large avocados packed for market. The Committee believes the availability of such information will help both grower and handler when making harvesting and packing decisions. Committee members agreed having information to help determine if any sizes are overrepresented or underrepresented in the marketplace would be valuable when planning and making marketing decisions. There is a close correlation between size and price. An oversupply of one size of fruit can negatively impact the price for that size and all sizes. By reporting count per container, the industry will be better able to gauge available markets by knowing the volume of what sizes are available. An avocado will never reach full maturity unless it is severed from the tree. Consequently, harvest can be delayed without affecting the flavor or the quality of the fruit. This fact, in combination with information on sizes, allows the industry to make harvesting and marketing decisions based on available markets. Without good information regarding the sizes available in the market, the market pipelines for certain sizes can become full, driving prices down. Having access to this information will help the industry better balance supply with demand. By knowing which sizes are in short supply, the industry can determine which sizes need to be harvested. Such information may help reduce periods of oversupply and the effect oversupply has on price, providing the industry with another tool to more efficiently market avocados and maximize industry returns. Previously, at the time of inspection, handlers have been commonly reporting container size and quantity to the inspector, who then includes this information on the inspection certificates. Inspection certificates are then provided to the Committee, which compiles the information into reports that are in turn provided to the avocado industry. Committee members believe this procedure has been working effectively, and that having handlers report the count per container in the same fashion will be equally effective. In most cases, this is information the handler already has available, and thus needs only to supply it to the inspector at the time of inspection. As with the current report, the Committee will compile the data received and report it to the industry on a composite basis to aid growers and handlers in planning their individual operations and in making marketing decisions during the season. This change will provide the industry with an indication of the volume of small, medium, and large sized avocados being shipped to the fresh market. With this change, handlers believe they will have more information on which to base their harvesting and marketing decisions. Consequently, the Committee voted unanimously to make this change. Section 8e of the Act provides that when certain domestically produced commodities, including avocados, 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 container and reporting requirements under the domestic handling regulations, no corresponding changes to the import regulations are required. 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 150 producers of avocados in the production area and approximately 35 handlers subject to regulation under the order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,000,000 (13 CFR 121.201). According to the National Agricultural Statistics Service and Committee data, the average price for Florida avocados during the 2003-04 season was around $22.22 per 55-pound bushel container, and total shipments were near 660,000 55-pound bushel equivalents. Approximately 11 percent of all handlers handled 76 percent of Florida avocado shipments. Using the average price and shipment information provided by the Committee, nearly all avocado handlers could be considered small businesses under the SBA definition. In addition, based on avocado production, grower prices, and the total number of Florida avocado growers, the average annual grower revenue is approximately $98,000. Thus, the majority of Florida avocado producers may also be classified as small entities. This rule changes the container and reporting requirements currently prescribed under the order. This rule prohibits the handling of fresh market avocados in 20 bushel plastic field bins to destinations within the production area. This rule also requires handlers to provide information regarding the avocado count per container, which in turn provides the Committee and the avocado industry with an indication of the sizes of avocados being packed. These changes are expected to decrease packing costs by reducing losses of field bins and to provide handlers with additional information on which to base their harvesting and marketing decisions. The Committee unanimously recommended these changes at meetings held on September 8, 2004, and November 10, 2004. This rule modifies the container and reporting requirements specified in §§ 915.305 and 915.150 respectively. The authorities for these actions are provided for in §§ 915.51 and 915.60. It is not anticipated that this rule will generate any increased costs for handlers or producers. The Committee recommended the change in the container requirements in an effort to reduce the costs stemming from the misappropriation of bins. According to estimates, more than 700 bins were lost last season, at a cost to the industry of around $100,000. The primary purpose of these field bins is to provide bulk conveyance of harvested avocados from the groves to the packinghouses. However, a segment of the industry has been using them to pack and transport avocados to markets within the production area. Handlers have found that bins have been misappropriated, used for the handling of avocados for sale within the production area, and not subsequently returned to the rightful owner. With a prohibition on the use of the plastic bins in the handling of avocados to points within the production area, the Committee hopes to break this cycle and move those who prefer this size container to a lower cost alternative. While an alternative cardboard container that holds an equivalent volume costs only about $10, an individual plastic bin costs around $150. This change should result in a cost savings. By requiring handlers to supply information on the count per container at the time of inspection, the industry will have access to additional shipment information. There is little or no cost associated with this action, as most handlers have this information readily available and will be supplying it along with information already provided. However, the industry will be able to use this data when making harvesting and marketing decisions. As previously noted, there currently is no reliable information widely available regarding the sizes of avocados in the channels of commerce. Without good information regarding the sizes available in the market, handlers have no way to tell whether a certain size is overly available or in short supply. Having access to this information will help the industry more efficiently balance supply with demand, thus reducing periods of oversupply and price variations, while providing the industry with another tool to better market its fruit, serve customers, and maximize returns. This rule will have a positive impact on affected entities. The changes were recommended to reduce costs and improve available industry information. The reduction in costs associated with lost bins is expected to benefit all handlers regardless of size. The availability of more timely and accurate industry information will also benefit both large and small handling operations. Consequently, the opportunities and benefits of this rule are expected to be equally available to all. An alternative to the actions recommended by the Committee was considered prior to making the final recommendations. The alternative considered was requesting the count per container from handlers on a voluntary basis. However, by requiring the information under authority of the order, all handlers will be required to participate, which will mean more accurate reporting and information. Therefore, this alternative was rejected. This rule will require small and large avocado handlers to provide some additional information at the time of inspection. However, handlers have access to this information and are already providing other information at the time of inspection. This action requires no additional forms. The information will be recorded by the inspector on the inspection certificate. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), AMS has received OMB approval for the information collection requirements for this marketing order program. These requirements are approved under the Fruit Crops collection package, OMB No. 0581-0189 OMB. The reporting modifications made by this rule are small and will have no impact on the overall total burden hours approved by OMB. 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. Further, the Committee's meetings were widely publicized throughout the avocado industry and all interested persons were invited to attend and participate in Committee deliberations. Like all Committee meetings, the September 8, 2004, and November 10, 2004, meetings were public meetings and all entities, both large and small, were able to express their views on these issues. Finally, 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 changes to the container and reporting requirements currently prescribed under the Florida avocado marketing order. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendations, 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)The Committee unanimously recommended these changes at public meetings and interested parties had an opportunity to provide input;

(2)growers and handlers are aware of these changes;

(3)the Florida avocado shipping season started May 16, 2005; 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 915 Avocados, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 915 is amended as follows: PART 915—AVOCADOS GROWN IN SOUTH FLORIDA 1. The authority citation for 7 CFR part 915 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 915.150 is amended by adding paragraph

(e)to read as follows: § 915.150 Reports.

(e)At the time of inspection, each handler shall provide to the Federal-State Inspection Service the quantity and size of containers being packed and inspected for the fresh avocado market. In addition, each handler shall provide the number of avocados packed per container (count per container). 3. Section 915.305 is amended by adding paragraph

(c)to read as follows: § 915.305 Florida Avocado Container Regulation 5.

(c)No handler shall handle any avocados for the fresh market in 20 bushel plastic field bins to destinations inside the production area. Dated: June 20, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05-12616 Filed 6-21-05; 3:37 pm]

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