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Code · REGISTER · 2005-10-18 · Unknown

Unknown. Final rule

3,986 words·~18 min read·/register/2005/10/18/05-20859

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-10-18.xml --- 70 200 Tuesday, October 18, 2005 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Meetings: 2005 White House Conference on Aging Policy Committee, 60528 05-20834 Agricultural Agricultural Marketing Service RULES Almonds grown in— California, 60405-60407 05-20859 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60485-60486 05-20861 Sweet peppers; grade standards, 60486-60487 05-20860 Agriculture Agriculture Department See Agricultural Marketing Service See Foreign Agricultural Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 60485 05-20827 Air Force Air Force Department NOTICES Active military service and discharge determinations:
U.S. and foreign civilian employees of CAT, Inc. (1950-1959), Air America (1961-1974), and Air America (1964-1975) in various Asian countries, 60495-60496 05-20778 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Courthouse Access Advisory Committee, 60490-60491 05-20725 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Surveys, determinations, etc.: Company organization; annual, 60491 05-20757 Centers Centers for Disease Control and Prevention NOTICES Organization, functions, and authority delegations:
National Immunization Program; reorganization, 60528-60529 05-20792 National Institute for Occupational Safety and Health— National Personal Protective Technology Laboratory; reorganization, 60529 05-20790 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act: Systems of records, 60530-60535 05-20909 Children Children and Families Administration NOTICES Meetings: Head Start Accountability and Educational Performance Measures Advisory Committee, 60535-60536 05-20758 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 05-20877 05-20878 05-20879 60494-60495 05-20880 Defense Defense Department See Air Force Department NOTICES Personnel management demonstration projects: Science and Technology Reinvention Laboratories— Air Force Research Laboratory, 60495 05-20800 Delaware Delaware River Basin Commission NOTICES Basin regulations; water supply charges and comprehensive plan: Entitlement certificates; hearing, 60496-60497 05-20789 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-20808 60497-60501 05-20809 05-20810 05-20811 Grants and cooperative agreements; availability, etc.:
Postsecondary education— International Research and Studies Program, 60501-60504 05-20783 Language Resource Centers, 60505-60508 05-20784 Employee Employee Benefits Security Administration NOTICES Meetings: Employee Welfare and Pension Benefit Plans Advisory Council, 05-20722 60560-60561 05-20723 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Rural Industrialization Loan and Grant Program; compliance certification requests, E5-5716 60561-60562 E5-5717 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Reports and guidance documents; availability, etc.:
Waste management program— Transuranic waste treatment and storage, 60508-60511 05-20804 Energy Energy Efficiency and Renewable Energy Office RULES Consumer products and commercial and industrial equipment; energy conservation and efficiency programs: Energy conservation standards; technical amendment, 60407-60418 05-20701 EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Methyl bromide; critical use exemption process; supplemental request; withdrawn, 60443 05-20813 NOTICES Air pollution control:
Citizens suits; proposed settlements— American Chemistry Council et al., 60511-60512 05-20814 Grants and cooperative agreements; availability, etc.: State and Tribal Response Programs, 60512-60519 05-20823 Meetings: Clean Air Scientific Advisory Committee, 60519-60520 05-20826 Environmental Policy and Technology National Advisory Council, 60520 05-20824 Local Government Advisory Committee, 60520 05-20822 Superfund; response and remedial actions, proposed settlements, etc.: Denver Radium Superfund Site, CO, 60521 05-20825 Water programs:
National Clean Water Act Recognition awards, 60521-60522 05-20815 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 60522-60523 05-20957 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Gulfstream Aerospace L.P. Model G150 airplane, 60422-60424 05-20864 Jet routes and VOR Federal airways, 60424-60426 05-20852 PROPOSED RULES Airworthiness directives: Rolls-Royce Corp., 60453-60456 05-20779 NOTICES Advisory circulars; availability, etc.:
Transport Category Airplane Electrical Wiring Interconnection System Maintenance Enhancement Program, 60597-60598 05-20851 Aeronautical land-use assurance; waivers: Addington Field, KY, 60598 05-20847 FDIC Federal Deposit Insurance Corporation RULES State nonmember insured banks; corporate powers extension, 60420-60422 05-20768 NOTICES Reports and guidance documents; availability, etc.: National Historic Preservation Act; policy statement, 60523-60524 05-20767 Federal Emergency Federal Emergency Management Agency RULES Disaster assistance:
Special Community Disaster Loans Program; implementation, 60443-60449 05-20920 NOTICES Disaster and emergency areas: Alabama, 60554 05-20770 Louisiana, 05-20769 60554 05-20773 Texas, 05-20771 05-20772 60555 05-20774 Federal Energy Federal Energy Regulatory Commission 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, 60426-60443 05-20653 PROPOSED RULES Electric utilities (Federal Power Act):
Small power production and cogeneration facilities, 60456-60463 05-20695 Federal Highway Federal Highway Administration NOTICES Environmental statements; record of decision: Salt Lake County, UT, 60598-60599 05-20777 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: Central New York Railroad Corp. et al., 60599 05-20832 Saginaw Bay Southern Railway, 60599-60600 05-20835 Federal Reserve Federal Reserve System RULES Availability of funds and collection of checks (Regulation CC):
Check processing operations restructuring; amendments, 60418-60420 05-20661 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60524-60526 05-20833 Federal Open Market Committee: Domestic policy directives, 60526 05-20801 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Spreading navarretia, 60658-60694 05-20147 PROPOSED RULES Endangered and threatened species: Critical habitat designations— Alameda whipsnake, 60608-60656 05-20145 Food Food and Drug Administration NOTICES Meetings:
Prescription Drug User Fee Act, 60536-60538 05-20875 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Adjustment assistance; applications, determinations, etc.: Salmon producers in Alaska and Washington, 60487-60488 05-20836 Sugar and sugar-containing products re-export programs; waiver of provisions; correction, 60605 C5-19577 Forest Forest Service NOTICES Environmental statements; notice of intent: Gallatin National Forest, MT, 60488-60489 05-20788 Humboldt-Toiyabe National Forest, NV, 60489-60490 05-20781 Meetings:
Tri-County Advisory Committee, 60490 05-20782 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60526 05-20760 Privacy Act: Systems of records, 60527-60528 05-20759 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes and procedure and administration:
Disregarded entities; employment and excise taxes, 60475-60478 05-20765 NOTICES Agency information collection activities; proposals, submissions, and approvals, 60602-60603 E5-5731 E5-5732 Meetings: Taxpayer Advocacy Panels, 60603 E5-5730 International International Trade Administration NOTICES Antidumping: Oil country tubular goods from— Mexico, 60492-60493 E5-5737 Stainless steel bar from— India, 60493 E5-5738 Meetings: Exporters’ Textile Advisory Committee, 60494 E5-5736 International International Trade Commission NOTICES Import investigations:
Bearings from— Various countries, 60556-60557 05-20838 Cased pencils from— China, 60557-60558 05-20837 Forged stainless steel flanges from— India and Taiwan, 60558-60559 05-20799 Hand-held mobile computer devices, components, and cradles, 60559 05-20797 Paper clips from— China, 60559-60560 05-20798 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 60560 05-20724 Land Land Management Bureau NOTICES Meetings:
Resource Advisory Committees— Grand Staircase-Escalante National Monument, 60556 05-20795 NASA National Aeronautics and Space Administration PROPOSED RULES Acquisition regulations: Research and development abstracts; withdrawn, 60484 05-20846 Grant and Cooperative Agreement Handbook: Research and development abstracts; withdrawn, 60456 05-20845 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 60562 05-20812 Meetings;
Sunshine Act, 60562-60563 05-20876 National Indian National Indian Gaming Commission PROPOSED RULES Freedom of Information Act; implementation, 60470-60475 05-20624 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 60538-60539 05-20756 Meetings: Biotechnology Activities Office, 60539 05-20748 National Cancer Institute, 05-20742 60539-60542 05-20743 05-20754 05-20755 National Heart, Lung, and Blood Institute, 05-20730 60542 05-20751 National Institute of Biomedical Imaging and Bioengineering, 60543 05-20733 National Institute of Child Health and Human Development, 60545 05-20745 National Institute of Environmental Health Sciences, 05-20731 60543-60544, 60546 05-20734 05-20737 05-20747 National Institute of Mental Health, 05-20732 60543, 60545-60546 05-20746 National Institute on Aging, 60544-60545 05-20738 National Library of Medicine, 60546-60547 05-20735 Scientific Review Center, 05-20736 60547-60548 05-20739 05-20740 National Toxicology Program:
Carcinogens Report, Twelfth Edition— Toxicological studies nominations, 60548-60554 05-20729 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Emergency closure due to presence of toxin causing paralytic shellfish poisoning, 60450-60452 05-20893 Summer flounder, 60449-60450 05-20829 NOTICES Coastal zone management programs and estuarine sanctuaries: Mission-Aransas National Estuarine Research Reserve, TX; hearing, 60494 05-20848 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 60563 05-20862 Meetings:
Polar Program Advisory Committee, 60563 05-20764 Social, Behavioral, and Economic Sciences Advisory Committee, 60563 05-20863 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, E5-5733 60563-60565 E5-5734 Meetings; Sunshine Act, 60565 05-20881 Reports and guidance documents; availability, etc.: Fuel cycle facilities; interim staff guidance, 60565-60575 05-20785 Presidential Presidential Documents EXECUTIVE ORDERS Courts-Martial Manual, United States; amendments (EO 13387), 60695-60714 05-20944 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-5722 60575-60577 E5-5727 E5-5729 Investment Company Act of 1940:
ING Partners, Inc., et al., 60577-60581 E5-5735 Public Utility Holding Company Act of 1935 filings, 60581-60583 E5-5720 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, E5-5719 60583-60586 E5-5721 Chicago Board Options Exchange, Inc., 60586-60590 E5-5728 International Securities Exchange, Inc., 60590-60592 05-20775 National Association of Securities Dealers, Inc., 60592-60594 E5-5718 National Stock Exchange, 60594-60596 E5-5726 SBA Small Business Administration NOTICES Disaster loan areas:
Alabama, 60596 05-20727 Florida, 60596-60597 05-20726 05-20728 Social Social Security Administration PROPOSED RULES Social security benefits and supplemental security income: Federal old age, survivors, and disability insurance, and aged, blind, and disabled— Work report receipts, benefit payments for trial work period service months after fraud conviction, student earned income exclusion, etc., 60463-60470 05-20803 State State Department NOTICES Meetings: International Economic Policy Advisory Committee, 60597 05-20842 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions:
Iowa, 60478-60481 05-20787 Oklahoma, 60481-60483 05-20786 Surface Surface Transportation Board NOTICES Railroad services abandonment: Union Pacific Railroad Co., 60600-60601 05-20587 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-20761 60601-60602 05-20762 05-20763 U.S.
Mint United States Mint NOTICES Senior Executive Service: Combined Performance Review Board; membership, 60604 05-20828 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 60608-60656 05-20145 Part III Interior Department, Fish and Wildlife Service, 60658-60694 05-20147 Part IV Executive Office of the President, Presidential Documents, 60695-60714 05-20944 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. 70 200 Tuesday, October 18, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 981 [Docket No. FV05-981-1 FIR] Almonds Grown in California; Revision to Requirements Regarding Credit for Promotion and Advertising 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 revising the requirements regarding credit for promotion and advertising activities under the administrative rules and regulations of the California almond marketing order (order). The order regulates the handling of almonds grown in California and is administered locally by the Almond Board of California (Board). The order is funded through the collection of assessments from almond handlers. Under the order, handlers may receive credit towards their assessment obligation for certain expenditures for marketing promotion activities, including paid advertising. This rule continues in effect the action that revised the requirements regarding the activities for which handlers may receive such credit. The changes expand the credit allowed for certain promotional activities, and help to clarify and simplify the regulations. DATES: *Effective Date:* November 17, 2005. FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior Marketing Specialist, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:
(559)487-5901, Fax:
(559)487-5906; 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 Order No. 981, as amended (7 CFR part 981), regulating the handling of almonds grown in California, 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 an 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. Such 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 revised the requirements regarding credit for promotion and advertising activities prescribed under the administrative rules and regulations of the order. Under the order, handlers may receive credit towards their assessment obligation for certain expenditures for marketing promotion activities, including paid advertising. This rule continues to revise the requirements regarding the activities for which handlers may receive such credit. The changes expand the credit allowed for certain promotional activities, and help to clarify and simplify the regulations. This action was unanimously recommended by the Board at a meeting on May 12, 2005. The order provides authority for the Board to incur expenses for administering the order and to collect assessments from handlers to cover these expenses. Section 981.41(a) provides authority for the Board to conduct marketing promotion projects, including projects involving paid advertising. Section 981.41(c) allows the Board to credit a handler's assessment obligation with all or a portion of his or her direct expenditures for marketing promotion, including paid advertising that promotes the sale of almonds, almond products, or their uses. Section 981.41(e) allows the Board to prescribe rules and regulations regarding such credit for market promotion, including paid advertising activities. Those regulations are prescribed in § 981.441. The Board recommended the following changes to those regulations. Increasing Credit for Internet Promotion Activities Section 981.441(e)(4)(ii)(K) allows handlers to receive credit against their assessment obligation for the development and use of Web-site activities on the Internet for advertising and public relations purposes. Prior to implementation of the interim final rule, allowable credit was limited to $5,000 per year, and no credit was given for costs regarding E-commerce (which is equivalent to opening a store). The Board recommended increasing the credit allowed for Internet promotional activities from $5,000 to $20,000 per year, adding credit for E-commerce (except for administration costs), and clarifying that no credit would be given to Intranet (inter-office communication network). The Board determined that administration costs associated with E-commerce such as online payments and processing fees do not directly promote almonds and should thus be excluded from reimbursement under the program. This action expands the allowable credit and activities concerning Web sites and thus provides handlers more flexibility. Section 981.441(e)(4)(ii)(K) continues to be revised accordingly. Clarification Regarding Final Reimbursement Claims In order for handlers to receive credit against their assessment obligation for their own promotional expenditures, the Board must determine that such expenditures meet applicable requirements. Handlers must submit claims with appropriate documentation to the Board. Credit may be granted in the form of a payment from the Board, or as an offset to the Board's assessment if activities are conducted and documented to the satisfaction of the Board within certain time frames throughout the crop year. Section 981.441(e)(6)(iv) requires handlers to submit a statement of all outstanding credit-back commitments in full to the Board as of the close of the crop year (July 31) within 15 days after the crop year ends (August 15). Additionally, handlers must submit final claims pertaining to such outstanding commitments to the Board within 76 days after the crop year ends (October 15). The Board recommended adding language to this section to clarify that final claims must be submitted “with all required elements,” which includes invoices, proof of payment, and similar documentation. This will allow Board staff to process the final claims for a crop year and complete the necessary accounting functions to close the books for that crop year in a timely manner. Other comparable deadlines throughout the credit-back regulations contain this language. This addition helps to facilitate program administration. Section 981.441(e)(6)(iv) continues to be revised accordingly. Removal of Obsolete Language Prior to implementation of the interim final rule § 981.441 contained language throughout the section that referred to the 1998-99 crop year only. The Board recommended removing this language to help clarify and simplify the regulation. Section 981.441 continues to be revised accordingly. 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 rule 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 6,000 producers of almonds in the production area and approximately 115 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (13 CFR 121.201) 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. Data for the 2003-04 crop year indicate that about 48 percent of the handlers shipped over $6,000,000 worth of almonds and about 52 percent of the handlers shipped under $6,000,000 worth of almonds. In addition, based on production and grower price data reported by the California Agricultural Statistics Service (CASS), and the total number of almond growers, the average annual grower revenue is estimated to be approximately $261,248. Based on the foregoing, the majority of handlers and producers of almonds may be classified as small entities. This rule continues in effect the action that revised § 981.441 of the order's administrative rules and regulations regarding credit-back promotion and advertising. Under the order, handlers may receive credit towards their assessment expenditures for marketing promotion activities, including paid advertising. This rule continues to increase the credit allowed for Internet promotion activities from $5,000 to $20,000 per year, adds credit for E-commerce (excluding administration), and clarifies that final reimbursement claims submitted to the Board by handlers for a crop year must include all applicable documentation. This final rule continues to remove obsolete language from the regulations that was applicable to the 1998-99 crop year. Regarding the impact of this rule on affected entities, it is estimated that, for the 2003-04 crop year, about 18 percent of the industry's handlers participated in the credit-back program administered under the order. Increasing the credit allowed for Internet promotion activities and adding credit for E-commerce provides additional opportunities for handlers. The changes to specify that handlers must submit final claims with all required elements help to facilitate program administration. Finally, removing obsolete language clarifies and simplifies the regulations. Regarding alternatives, the Board formed a task force that met on January 26, March 1, and April 1, 2005, to review the credit-back regulations. The task force considered several changes to the regulations, including whether handlers should receive credit for travel to trade shows, sponsorships, and sweepstakes. The task force also reviewed a handbook that Board staff developed to facilitate administration of the credit-back regulations. The task force's recommendations were reviewed by the Board's Public Relations and Advertising Committee on May 11, 2005, and by the full Board on May 12, 2005. Ultimately, the Board decided that the changes discussed herein are warranted at this time. This action imposes no additional reporting or recordkeeping requirements on either small or large California almond handlers. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements that are contained in this rule have been previously approved by the Office of Management and Budget and assigned OMB. No. 0581-0178. 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. Finally, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Additionally, the meetings were widely publicized throughout the California almond industry and all interested persons were invited to attend the meetings and participate in deliberations on all issues. Like all task force, committee and Board meetings, those meetings held on January 26, March 1, April 1, May 11, and May 12, 2005, were all public meetings and all entities, both large and small, were able to express views on this issue. Finally, interested persons were invited to submit information on the regulatory and informational impacts of this action on small businesses. An interim final rule concerning this action was published in the **Federal Register** on June 27, 2005. Copies of the rule were mailed or sent via facsimile by the Board's staff to all Board members, alternates and almond handlers. In addition, the rule was made available through the Internet by the Office of the Federal Register and USDA. That rule provided a 30-day comment period which ended on August 26, 2005. No comments were received. 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 information and recommendation submitted by the Board and other available information, it is hereby found that finalizing the interim rule, without change as published in the **Federal Register** (70 FR 36816 on June 27, 2005) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 981 Almonds, Marketing agreements, Nuts, Reporting and recordkeeping requirements. PART 981—ALMONDS GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR part 981 which was published at 70 FR 36816 on June 27, 2005, is adopted as a final rule without change. Dated: October 13, 2005. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 05-20859 Filed 10-17-05; 8:45 am]
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  • 7 CFR 981
  • 7 USC 601-674
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