Unknown. Final rule

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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-2005-09-02.xml --- 70 170 Friday, September 2, 2005 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service See National Agricultural Statistics Service Army Army Department See Engineers Corps 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 Grant and cooperative agreement awards:

Beth Israel Deaconess Medical Center, Mind/Body Medical Institute, 52395-52396 05-17492 Tanzania and Zanzibar AIDS Commissions, 52396 05-17491 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; correction, 52397 05-17592 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 52397 05-17524 Children Children and Families Administration See Refugee Resettlement Office Coast Guard Coast Guard RULES Drawbridge operations:

New York, 52307-52308 05-17511 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Portland Captain of the Port Zone, OR, 52308-52310 05-17473 Regattas and marine parades: Elizabeth City Jaycee Offshore Grand Prix, 52305-52307 05-17469 South Lake Tahoe, CA; Labor Day fireworks display, 52303-52305 05-17468 PROPOSED RULES Drawbridge operations: Louisiana, 52340-52345 05-17509 05-17510 Regattas and marine parades: Hampton Roads Sailboat Classic, 52338-52340 05-17513 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52421-52422 05-17471 Deepwater ports; license applications:

Northeast Gateway Energy Bridge, L.L.C., 52422-52423 05-17553 Meetings: Towing Safety Advisory Committee, 52423-52424 05-17512 Organization, functions, and authority delegations: Sector North Carolina, Marine Safety Unit Wilmington and Sector Field Office Cape Hatteras; stand-up, 52424-52425 05-17467 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology 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, 52363-52364 E5-4822 E5-4823 Commodity Commodity Credit Corporation RULES Loan and purchase programs:

Collection of State commodity assessments, 52283-52285 05-17500 Customs Customs and Border Protection Bureau PROPOSED RULES Organization and functions; field organization, ports of entry, etc.: Sacramento, CA, port establishment; San Francisco, CA, port limits realignment, 52336-52338 05-17536 NOTICES Meetings: Trade symposium, 52425 05-17554 Defense Defense Department See Engineers Corps See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 52368-52369 05-17490 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 52447-52449 05-17335 Energy Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Mississippi River & Tributaries-Morganza, Louisiana to Gulf of Mexico Hurricane Project; Houma Navigation Canal lock complex and associated structures, 52368 05-17496 EPA Environmental Protection Agency PROPOSED RULES Water programs: Pollutants analysis test procedures; guidelines— Wastewater and sewage sludge biological pollutants; analytical methods; correction, 52485 C5-16195 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 52380-52381 05-17542 Weekly receipts, 52380 05-17541 Superfund; response and remedial actions, proposed settlements, etc.:

Anniston Lead and Anniston PCB Sites, AL, 52381 05-17532 Executive Executive Office for Immigration Review NOTICES Agency information collection activities; proposals, submissions, and approvals, 52447 05-17462 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: McDonnell Douglas, 52285-52288 05-17401 Standard instrument approach procedures, 52288-52291 05-17475 VOR Federal airways, 52288 05-17208 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Natural gas companies (Natural Gas Act):

Energy Policy Act of 2005; implementation— Liquefied natural gas terminals and other natural gas facilities; pre-filing procedures, 52328-52336 05-17480 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52369-52370 E5-4815 Complaints filed: San Diego Gas & Electric Co., 52373 E5-4813 Electric rate and corporate regulation combined filings, 52373-52374 E5-4809 Environmental statements; availability, etc.: Liberty Gas Storage, L.L.C., 52374-52375 E5-4812 Port Arthur LNG, L.P., et al., 52375-52377 E5-4811 Hydroelectric applications, 52377-52380 E5-4816 E5-4817 E5-4818 *Applications, hearings, determinations, etc.:* Crown Landing LLC, et al., 52370 E5-4821 Devon Power LLC, et al., 52370-52371 E5-4814 East Kentucky Power Cooperative, Inc., 52371 E5-4808 National Fuel Gas Supply Corp., 52371-52372 E5-4819 Northern Natural Gas Co., 52372 E5-4820 Transcontinental Gas Pipe Line Corp., 52372-52373 E5-4810 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:

Colfax and Dodge Counties. NE, 52464-52465 05-17527 FMC Federal Maritime Commission PROPOSED RULES Ocean shipping in foreign commerce: Non-vessel-operating carrier service arrangements, 52345-52346 05-17555 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Huelle, Gerald E., et al.; diabetes exemption applications, 52465-52467 05-17466 Exemption applications— PINOVA, 52467-52469 05-17508 Fish Fish and Wildlife Service RULES Endangered and threatened species:

Captive-bred scimitar-horned oryx, addax, and dama gazelle, 52310-52319 05-17432 Scimitar-horned oryx, addax, and dama gazelle, 52319-52324 05-17431 NOTICES Environmental statements; availability, etc.: Incidental take permits— Contra Costa County, CA; multiple species habitat conservation plan, 52434-52436 05-16899 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor name and address changes— Pharmaq AS, 52291-52292 05-17472 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52397-52399 05-17499 Meetings:

Blood Products Advisory Committee, 52399-52400 05-17470 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Mendocino County, 52361 05-17495 Wrangell-Petersburg, 52361 05-17526 Reports and guidance documents; availability, etc.: National Forest System Lands— Forest Service Grazing Permit Administration Handbook; interim directives; correction, 52361-52362 05-17548 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 National Institutes of Health See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Afghanistan; Indira Ghandi Children's Hospital; provide medical equipment, pharmaceuticals, and technology-related training to physicians and other staff, 52381-52388 05-17547 Afghanistan; strengthening management of women's and children's hospitals and hospital services; technical assistance and support, 52388-52395 05-17546 Reports and guidance documents; availability, etc.: Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation— Potassium iodide (KI); requesting, stockpiling, and distributing from Strategic National Stockpile;

Federal guidelines; correction, 52395 05-17556 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See U.S. Citizenship and Immigration Services NOTICES Meetings: National Infrastructure Advisory Council, 52420-52421 05-17535 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 52860-52892 05-17243 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:

Estimated income tax regulations; update, 52299-52302 05-17449 International International Trade Administration NOTICES Antidumping: Malleable iron pipe fittings from— China, 52364-52365 E5-4826 Tariff rate quotas: Worsted wool fabrics, 52365-52366 E5-4824 E5-4825 International International Trade Commission NOTICES Import investigations: Sugar from— Various countries, 52446-52447 05-17489 Justice Justice Department See Executive Office for Immigration Review Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Mercer County, ND; Freedom Mine coal tract lease, 52436-52437 05-17502 Environmental statements; notice of intent: San Pedro Riparian National Conservation Area, AZ; resource management plan, 52437-52438 05-17505 Recreation management restrictions, etc.: El Paso, Freemont Park, and Teller Counties, CO; supplementary rules regarding motorized vehicles and bicycles; closure to target shooting, 52438-52440 05-17503 Gila Box Riparian National Conservation Area, AZ; floating permit change, 52440 05-17506 Knolls Special Recreation Management Area, UT; special recreation permit fee area established, 52440-52443 05-17507 Maritime Maritime Administration NOTICES Deepwater ports; license applications:

Northeast Gateway Energy Bridge, L.L.C., 52422-52423 05-17553 Mine Mine Safety and Health Administration NOTICES Petitions for safety standards modifications; summary of affirmative decisions; correction, 52449 05-17478 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 52362 05-17477 National Highway National Highway Traffic Safety Administration RULES National Driver Register Problem Driver Pointer System; participation and data receipt procedures, 52296-52299 05-17464 NOTICES Motor vehicle safety standards:

Exemption petitions, etc.— DOT Chemical, 52469-52470 05-17479 Nonconforming vehicles— Defect and noncompliance decisions; annual list, 52470-52477 05-17465 National Institute National Institute of Standards and Technology NOTICES International Code Council; international codes and standards; update process, 52366-52367 05-17519 Meetings: National Construction Safety Team Advisory Committee, 52367-52368 05-17518 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 52400 05-17458 Inventions, Government-owned; availability for licensing, 52400-52405 05-17457 05-17517 Meetings:

National Center on Minority Health and Health Disparities, 52405 05-17514 National Eye Institute, 52405-52406 05-17516 National Institute of Allergy and Infectious Diseases, 52408 05-17515 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 52407-52408 05-17463 National Institute of Child Health and Human Development, 52407 05-17460 National Institute on Aging, 52406-52407 05-17459 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species:

Critical habitat designations— Pacific salmon and steelhead; California evolutionary significant units, 52488-52627 05-16389 West Coast salmon and steelhead; evolutionarily significant units, 52630-52858 05-16391 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Deep-water species; closure to vessels using trawl gear in Gulf of Alaska, 52326-52327 05-17552 Northern rockfish, 52326 05-17551 Shallow-water species; closure to vessels using trawl gear in Gulf of Alaska, 52325-52326 05-17549 International fisheries regulations:

Bigeye tuna; longline fisheries restrictions in Eastern Tropical Pacific Ocean, 52324-52325 05-17550 PROPOSED RULES Fishery conservation and management: Atlantic coastal fisheries cooperative management— American lobster, 52346-52360 05-17557 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 52443-52444 05-17487 Environmental statements; availability, etc.: Ebey's Landing National Historical Reserve, WA; general management plan, 52444-52445 05-17483 Meetings:

National Park Subsistence Resource Commission, 52445 05-17484 Oil and gas plans of operation; availability, etc.: Big Thicket National Preserve, TX, 52446 05-17485 05-17486 Navy Navy Department RULES Navigation, COLREGS compliance exemptions: USS WINSTON S. CHURCHILL, 52302-52303 05-17528 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 52449-52450 05-17525 Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:

Refugee Resettlement Program— Targeted Assistance Program; State allocations, 52408-52419 05-17373 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: First Trust Exchange-Traded Fund, et al., 52450-52453 E5-4806 Public Utility Holding Company Act of 1935 filings, 52454-52455 E5-4807 Securities: Suspension of trading— Bancorp International Group, Inc., 52455 05-17593 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 52455 E5-4804 National Association of Securities Dealers, Inc., 52456-52461 E5-4803 E5-4828 National Securities Clearing Corp., 52461-52462 E5-4805 Pacific Exchange, Inc., 52462-52464 E5-4827 Southwestern Southwestern Power Administration NOTICES Reports and guidance documents; availability, etc.:

Integrated system power rates; correction, 52380 05-17501 State State Department RULES Visas; nonimmigrant documentation: Treaty trader, treaty investor, or treaty alien in specialty occupation; definition and clarification; new E-3 visa classification, 52292-52295 05-17622 Statistical Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 52419-52420 05-17316 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

CSX Transportation, Inc., 52477-52482 05-17456 Railroad services abandonment: Cincinnati, New Orleans and Texas Pacific Railway Co., 52482-52483 05-17236 Kansas City Southern Railway Co., 52483-52484 05-17235 Trade Trade Representative, Office of United States NOTICES Tariff-rate quota amount determinations: Raw cane sugar; 2005 FY county-by-country reallocations, 52464 05-17544 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See United States Mint MISSING FOR:

U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Temporary protected status program designations; terminations, extensions, etc.: Burundi, 52425-52429 05-17579 Sudan, 52429-52433 05-17578 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 52484 05-17474 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 52488-52627 05-16389 Part III Commerce Department, National Oceanic and Atmospheric Administration, 52630-52858 05-16391 Part IV Housing and Urban Development Department, 52860-52892 05-17243 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. 70 170 Friday, September 2, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1405 RIN 0560-AH35 Collection of State Commodity Assessments AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule. SUMMARY: This final rule sets forth the Commodity Credit Corporation's

(CCC)policy with respect to implementation of the discretionary authority provided to it by Public Law 108-470. This act allows for the collection of assessments levied on the marketings of agricultural commodities. Generally, these assessments are required, under State and Federal law, to be paid from CCC marketing assistance loan proceeds by a producer who markets the commodity or are required to be collected by the first purchaser of the commodity. This final rule adopts, with changes, the proposed rule published in the **Federal Register** on June 7, 2005 (70 FR 33043). DATES: This rule is effective September 2, 2005. FOR FURTHER INFORMATION CONTACT: Kimberly Graham, 202-720-9154, e-mail: *Kimberly.Graham@usda.gov.* Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.) should contact the USDA Target Center at

(202)720-2600 (voice and TDD). SUPPLEMENTARY INFORMATION: Discussion of Final Rule On June 7, 2005, CCC issued a proposed rule with respect to the manner in which it proposed to collect agricultural commodity assessments owed by a producer to a State or State agency when the producer had obtained a CCC marketing assistance loan. (70 FR 33043). The rule provided that CCC would deduct from marketing assistance loan proceeds an amount equal to any assessment required under State or Federal law to be paid by a producer who markets the commodity, or by the first purchaser of the commodity. The preamble of that rule described the history of CCC's role in collecting commodity assessments, the statutory authority allowing CCC to engage in the collection of commodity program assessments, and the necessity to codify the process for collecting commodity assessments. With respect to the collection of State assessments, the major provisions of the proposed rule included:

(1)A request for CCC to engage in the collection activity must initially be submitted by the Governor of the State;

(2)such request must identify the entity that the Governor has designated to enter into the collection agreement with CCC;

(3)a statement from the Attorney General, at any time prior to final execution of the agreement, that the agreement is in compliance with applicable State laws and the provisions of section 1(a) of Public Law 108-470;

(4)collection of the assessment, as requested by the Governor, may be at either the time the marketing assistance loan is disbursed to the producer or at the time of forfeiture of the commodity to CCC, but not both; and

(5)the State agrees to indemnify CCC for any costs incurred in collecting the assessment, including costs relating to resolution of disputes arising from the requested collection of the assessment. With respect to assessments collected under Federal statutes, the proposed rule provides that collections will be made as provided in such manner as may be agreed upon by CCC and the entity to whom the Secretary has delegated responsibility to otherwise engage in collection activities. Comments and Changes to Final Rule The 30-day comment period for the proposed rule closed on July 7, 2005. CCC received 36 responses from entities or persons, which included 22 agricultural commodity associations, nine producers, two Agency employees, two Designated Marketing Associations (DMA's), one State Department of Agriculture and one State Senator. In general, the majority of the responses support the intent and implementation of the proposed regulation. Seven commenters opposed the collection and deduction of commodity assessments from a producer's marketing assistance loan proceeds and five commenters support the proposed regulation as written. These comments were submitted without any additional explanations. CCC analyzed the public comments received and has decided to adopt the proposed rule, with some slight modifications as discussed below based on these comments. One respondent requested specific information regarding the number of forfeited loans in the State of South Dakota. This comment did not address provisions of the proposed rule and was not within the scope of the proposed rule. One commenter stated producers are better served by collecting the assessments at forfeiture rather than at loan disbursement. The commenter identified two specific reasons for collecting the assessment at the time of forfeiture rather than at loan disbursement. The first reason suggested that certified farm-stored marketing assistance loans may not accurately reflect the producer's harvested quantity; therefore, the assessment amount collected may not be accurate. The actual quantity delivered in satisfaction of the marketing assistance loan is determined at the time the commodity is sold or forfeited. The quantity delivered may differ from the quantity pledged as collateral for the marketing assistance loan. Collection of additional assessment amounts may be necessary. The second reason suggested producers may oppose the collection of commodity assessments at the time of loan making because the producer is responsible for the repayment of the full loan amount disbursed plus interest, if the producer repays the marketing assistance loan at principal plus interest. Therefore, the producer would be paying interest on the assessment amount deducted from the loan proceeds. CCC believes the proposed rule supports Public Law 108-470; therefore, these comments are not adopted and no changes were made. One commenter suggested that, in the case of an approved Cooperative Marketing Association

(CMA)or Designated Marketing Association (DMA), the entire marketing assistance loan be disbursed to the CMA or DMA and the CMA or DMA be responsible for deducting the applicable commodity assessment and remitting the commodity assessment to the State entity. An approved CMA or DMA is eligible to receive marketing assistance loans or LDP's on behalf of their eligible producer members. CCC agrees with the commenter and believes it would be more difficult and complex to handle individual producer members' multi-state commodity assessment deductions. Since the CMA and DMA have administrative processes in place to monitor producer members' marketing assistance loan and LDP amounts and cooperative pool sale amounts for its' members amounts, CCC believes the CMA and DMA will ensure that fair and accurate distribution of the commodity assessment deductions will be made to the specific State entity. Therefore, the comments are adopted and such changes are included in the final rule. More specific responses addressed particular provisions of the rule with respect to the collection of State commodity assessments. Some responses contained multiple comments. These comments are discussed below on a section-by-section basis, along with the changes that have been made to the interim rule. Section 1405.9(b)(1)-(2) Nine respondents opposed the provisions in section 1405.9(b)(1) and

(2)that require the Governor of the State to request that the assessment be collected and the Attorney General of the State, or a person authorized to act on behalf of the Attorney General, provide CCC an opinion that the collection activity is authorized by State law and complies with the provisions of section 1(a) of Public Law 108-470. Most of the respondents suggested that the request from the Governor was superfluous since the state commodity commissions are created by State statute and are agencies of the State. It was suggested that a request from a state commission and a copy of the enabling legislation should be deemed sufficient for the purpose of making the initial request. Commenters also believe that obtaining a separate opinion from the Attorney General would be costly, time consuming, and redundant. In prior years, CCC has routinely required that approval from the Office of the Attorney General for a State be obtained by the party entering into such an agreement with CCC in order to ensure that such party has the authority to bind the State with respect to all of the provisions of the agreement. Specifically, CCC is concerned that such party must be able to obligate the State to reimburse CCC for any costs it may incur in the event CCC is sued by a party who objects to the collection of the assessment on behalf of the State. Accordingly, CCC will continue to require that such approval has been obtained before CCC will enter into an agreement to collect the assessment. Section 1405.9(c)(1)-(2) Several comments opposed the provisions in sections 1405.9(c)(1) and

(2)that requires the State to indemnify CCC for any costs incurred in collecting the commodity assessment and that the producer have the ability to request from the State a refund of the assessment collected from the producer's marketing assistance loan. Several respondents expressed uncertainty as to whether the costs would include CCC administrative costs associated with routinely collecting and processing assessments. Commenters also expressed opposition towards the indemnification provision, if the provision included those types of administrative costs. The action of CCC in collecting State authorized commodity assessments provides no benefit to CCC and results in the expenditure of funds appropriated to FSA; the loss of these expenditures directly affects the ability of FSA to undertake its own activities. Accordingly, CCC has determined, since the beneficiary of this action is the State or State agency requesting the assessment be collected, that the costs of such action should not be borne by CCC or FSA. With respect to allowing the producer to request from the State a refund of the collected assessment, CCC is required by statute to provide a certain levels of assistance to producers. By deducting state commodity assessments from the marketing assistance loan proceeds and not at the time of actual marketing increases the risk of the producer paying double assessments. A double assessment would result in a reduction of the statutory level of assistance required to be provided by CCC. Also, CCC is not responsible for tracking double assessments or for making refunds of double assessment collections to the producer. For that reason the final rule retains this requirement for the agreement; however, the final rule will clarify that the mandatory refund is applicable to refunds of double assessment collections. Executive Order 12866 This rule is issued in conformance with Executive Order 12866, was determined to be not significant, and has not been reviewed by the Office of Management Budget. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is applicable to this final rule. Environmental Assessment The environmental impacts of this final rule have been considered consistent with the provisions of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 *et seq.* , the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and the FSA regulations for compliance with NEPA, 7 CFR part 799. FSA concluded that the rule requires no further environmental review because it is categorically excluded. No extraordinary circumstances or other unforeseeable factors exist which would require preparation of an environmental assessment or environmental impact statement. Executive Order 12988 This final rule has been reviewed in accordance with Executive Order 12988. This final rule preempts State laws that are inconsistent with it. This rule is not retroactive. Before any legal action may be brought regarding a determination under this rule, the administrative appeal provisions set forth at 7 CFR parts 11 and 780 must be exhausted. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which require intergovernmental consultation with State and local officials. See the notice related to 7 CFR part 3014, subpart V, published at 48 FR 29115 (June 24, 1983). Unfunded Mandates Reform Act of 1995. The rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)for State, Local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Paperwork Reduction Act Section 1601(c) of the 2002 Act provides that the promulgation of regulations and the administration of Title I of the 2002 Act shall be made without regard to chapter 5 of title 44 of the United States Code (the Paperwork Reduction Act). Accordingly, these regulations and the forms and other information collection activities needed to administer the program authorized by these regulations are not subject to review by OMB under the Paperwork Reduction Act. Executive Order 12612 This rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this rule will not have substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government. Federal Assistance Programs The title and number of the Federal assistance program found in the Catalog of Federal Domestic Assistance to which this final rule applies are Commodity Loans and Loan Deficiency Payments, 10.051. List of Subjects in 7 CFR Part 1405 Agricultural commodities, Feed grains, Grains, Loan programs—agriculture, Oilseeds, Price support programs, Reporting and record keeping requirements. Accordingly, 7 CFR part 1405 is amended as follows: PART 1405—LOANS, PURCHASES, AND OTHER OPERATIONS 1. The authority citation for part 1405 is revised to read as follows: Authority: 7 U.S.C. 1515; 7 U.S.C. 7991(e); 15 U.S.C. 714b and 714c; and Public Law 108-470. 2. Add § 1405.9 to read as follows: § 1405.9 Commodity assessments.

(a)CCC will deduct from the proceeds of a marketing assistance loan an amount equal to the amount of an assessment otherwise required to be remitted to a State agency under a State statute by the producer of the commodity pledged as collateral for such loan or by the first purchaser of such commodity subject to the requirements of paragraph

(b)of this section.

(1)The assessment will be collected in one of the following ways, as requested by the State, but not both:

(i)When the proceeds of the loan are disbursed; or

(ii)When the commodity pledged as collateral for the loan is forfeited to CCC, in which case CCC will collect from the producer the amount of the assessment submitted by CCC to the State.

(2)CCC will deduct from the proceeds of a marketing assistance loan an amount equal to the amount of an assessment otherwise authorized to be remitted to a federally authorized entity under a Federal statute by the producer of the commodity pledged as collateral for such loan or the first purchaser of such commodity in the manner agreed to by CCC and the entity to whom the Secretary of Agriculture has authorized to collect such assessments.

(b)CCC will collect commodity assessments authorized under a State statute when:

(1)The State entity has:

(i)Requested that the assessment be collected;

(ii)Identified whether the assessment is to be collected at the time the loan proceeds are disbursed or at the time the commodity is forfeited to CCC;

(iii)Identified the person who may enter into an agreement with CCC that sets forth the obligations of the State and CCC with respect to the collection of the assessment; and

(iv)Provided an opinion from the Office of the Attorney General to CCC that concludes the person signing the agreement may obligate the State to comply with the agreement and the provisions of Public Law 108-470 have been met.

(2)The agreement described in paragraph

(c)of this section has been executed by the appropriate State official and CCC.

(c)CCC will enter into an agreement with an authorized State official to collect commodity assessments when the actions set forth in paragraphs (b)(1) and

(2)of this section have been completed. Such agreement will contain the obligations and responsibilities of the State and CCC. All such agreements will include provisions that provide:

(1)The State will indemnify CCC for any costs incurred in the collection of the assessment including costs incurred with respect to resolution of disputes arising from the requested collection of the assessment and for administrative costs incurred by CCC in the collection of the assessment;

(2)The State, in cases where an assessment has been collected two or more times with respect to the same quantity of the commodity subject to the assessment, will refund the amount of the excess collection to the producer.

(3)The agreement may be terminated by either party upon 30 days notice.

(4)The State, in cases where the marketing assistance loan is made by a cooperative marketing association or a designated marketing association approved by CCC, or any other similar entity that is approved by CCC, to obtain such a loan on behalf of its members may enter into individual arrangements with such entity to facilitate the collection of the assessment with the approval of CCC. Signed in Washington, DC, on August 17, 2005. James R. Little, Executive Vice President, Commodity Credit Corporation. [FR Doc. 05-17500 Filed 9-1-05; 8:45 am]

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