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/register/2005/12/02/05-23552·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-2005-12-02.xml --- 70 231 Friday, December 2, 2005 Contents Agricultural Agricultural Marketing Service RULES Walnuts grown in— California Walnut Marketing Board; membership eligibility, 72195-72196 05-23552 PROPOSED RULES Soybean promotion and research order, 72257 E5-6786 NOTICES Grants and cooperative agreements; availability, etc.: Federal-State Marketing Improvement Program, 72286-72287 E5-6787 Meetings: Universal Cotton Standards Advisory Committee; recommendations, 72287-72288 E5-6781 Agriculture Agriculture Department See Agricultural Marketing Service See Foreign Agricultural Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-6748 72283-72284 E5-6758 Senior Executive Service Performance Review Board; membership, 72284-72286 05-23565 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 72290-72291 E5-6744 E5-6745 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 72303-72305 05-23414 05-23596 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 72290 E5-6743 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 72288-72289 E5-6754 E5-6755 Commodity Commodity Futures Trading Commission NOTICES Meetings;
Sunshine Act, 72298 05-23623 Energy Energy Department NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 72298-72299 E5-6763 EPA Environmental Protection Agency PROPOSED RULES Air pollution; standards of performance for new stationary sources: Portland cement manufacturing industry, 72330-72348 05-23419 Air programs: Ambient air quality standards, national— Fine particulate matter and ozone; interstate transport control measures; reconsideration, 72268-72282 05-23501 NOTICES Environmental statements; availability, etc.:
Agency comment availability, 72299 E5-6761 Agency weekly receipts, 72299-72300 05-23557 Reports and guidance documents; availability, etc.: Lead; air quality criteria; first external review draft, 72300-72301 E5-6760 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Raytheon; correction, 72327 C5-7673 FBI Federal Bureau of Investigation RULES Privacy Act; implementation, 72199-72205 05-23568 Federal Emergency Federal Emergency Management Agency NOTICES Grants and cooperative agreements; availability, etc.: 9/11 Heroes Stamp Act of 2001 Assistance Program, 72305-72306 E5-6749 Fish Fish and Wildlife Service NOTICES Endangered and threatened species:
Recovery plans— Cylindrical lioplax, etc. (six aquatic snails in Mobile River Basin, AL), 72307-72308 E5-6759 Food Food and Drug Administration RULES Biological products: Group A streptococcus; revocation of status, 72197-72199 05-23546 PROPOSED RULES Biological products: Group A streptococcus; revocation of status, 72257-72260 05-23545 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Farmers trade adjustment assistance; petitions filed, granted, denied, etc.:
Shrimp producers; various States; correction, 72288 E5-6747 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California IKEA Wholesale Inc.; home furnishings and accessories warehousing and distribution facility, 72291-72292 E5-6782 Minnesota Arctic Cat, Inc.; all-terrain vehicle engine and snowmobile manufacturing facilities, 72292 E5-6783 Tennessee Brother Industries (U.S.A.) Inc.; toner cartridges manufacturing/refurbishing facilities, 72292-72293 E5-6784 Texas Samsung Austin Semiconductor, LLC; semiconductor memory devices manufacturing facilities, 72293 E5-6785 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 72301-72302 E5-6738 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Meetings:
Federal health care regulations; economic impact; town hall meetings, 72302-72303 05-23582 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 72307 05-23466 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes:
Mortality tables for determining current liability; update, 72260-72268 E5-6742 NOTICES Agency information collection activities; proposals, submissions, and approvals, 72325-72326 E5-6736 International International Trade Administration NOTICES Antidumping: Carbon steel plate from— Taiwan, 72293-72294 05-23563 Frozen fish fillets from— Vietnam, 72294 05-23564 Honey from— Argentina, 72294-72295 05-23561 Non-malleable cast iron pipe fittings from— China, 72295-72296 05-23562 International International Trade Commission NOTICES Import investigations:
Devices for determining organ positions and subassemblies, 72314-72315 E5-6780 Justice Justice Department See Federal Bureau of Investigation NOTICES Privacy Act; systems of records, 72315-72316 E5-6739 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: National Historic Oregon Trail Interpretive Center Advisory Board, 72308 E5-6777 Environmental statements; notice of intent: Cortez Hills Expansion Project, NV, 72308-72309 E5-6768 Oil and gas leases:
Colorado, 72309-72310 E5-6766 E5-6778 Nevada, 72310 E5-6767 E5-6774 Wyoming, 72310-72311 E5-6769 E5-6771 E5-6772 Realty actions; sales, leases, etc.: New Mexico, 72311-72312 E5-6776 Recreation management restrictions, etc.: Lake Havasu Field Office-administered public lands, La Paz County, AZ; temporary closure for special events, 72312-72313 E5-6773 Resource management plans, etc.: Ma-le’l Dunes, Humboldt County, CA, 72313 E5-6770 Survey plat filings: Minnesota, 72313-72314 E5-6762 NASA National Aeronautics and Space Administration NOTICES Committees; establishment, renewal, termination, etc.:
International Space Station Advisory Committee, 72316 E5-6775 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: New England Fishery Management Council, 72296 E5-6756 Reports and guidance documents; availability, etc.: Cooperative Institute Interim Handbook, 72296-72297 E5-6765 Raster Navigational Charts; distribution to public via Internet, 72297-72298 E5-6764 National Science National Science Foundation NOTICES Meetings: K-16 Science, Technology, and Mathematics Education in U.S.; hearing, 72316 E5-6788 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Sabia, Inc., 72316-72318 E5-6750 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:
Mortality assumptions, interest rate structure, etc., 72205-72211 05-23554 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 72323-72324 05-23547 Postal Postal Service RULES Domestic Mail Manual: Postal rates and fees, 72221-72256 05-23488 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Folsom Dam and appurtenant structures, CA; safety modifications; meetings, 72314 E5-6757 SEC Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 72318 05-23612 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 72318-72320 E5-6751 New York Stock Exchange, Inc., 72320-72322 E5-6752 E5-6753 State State Department NOTICES Meetings: Cultural Property Advisory Committee, 72322-72323 E5-6779 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, control, etc.: Kansas City Southern Railway Co., 72324 05-23551 Watco Companies, Inc., 72324 05-23538 Transportation Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 72324-72325 E5-6746 MISSING FOR:
U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 72306 05-23567 Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc.: Surviving spouse's rate; dependency and indemnity compensation; payments based on veteran's entitlement for service-connected disability rated totally disabling prior to death, 72211-72221 05-23541 NOTICES Medical benefits:
Medication copayment rate increase, 72326 E5-6737 Separate Parts In This Issue Part II Environmental Protection Agency, 72330-72348 05-23419 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. 70 231 Friday, December 2, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 984 [Docket No.
FV05-984-1 FIR] Walnuts Grown in California; Suspension of Provision Regarding Eligibility of Walnut Marketing Board Members AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule suspending the provision of the walnut marketing order (order) pertaining to eligibility of members to serve on the Walnut Marketing Board (Board). The order regulates the handling of walnuts grown in California, and the Board is responsible for local administration of the order. This action is an interim measure that addresses a change in industry structure affecting cooperative marketing association related positions. This allows the Board to continue to represent the industry's interests while the order is amended to reflect the change in industry structure. The Board unanimously recommended a suspension action by mail balloting in early July 2005. EFFECTIVE DATE: January 3, 2006. FOR FURTHER INFORMATION CONTACT: Martin Engeler, Senior Marketing Specialist, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Telephone:
(559)487-5901, Fax:
(559)487-5906; or Kathleen M. Finn, Formal Rulemaking Team Leader, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; telephone:
(202)720-2491, or 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 and Order No. 984, both as amended (7 CFR part 984), hereinafter referred to as the “order”, regulating the handling of walnuts grown in the State of California. The marketing agreement and order are effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” USDA is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule continues in effect an action that suspended a provision of the order pertaining to the eligibility of members to serve on the Board. The order regulates the handling of walnuts grown in California, and the Board is responsible for local administration of the order. This action is an interim measure that addresses a change in the industry structure affecting cooperative marketing association related positions. This allows the Board to continue to represent the industry's interests while the order is amended to reflect the change in industry structure. The Board unanimously recommended a suspension action by mail balloting in early July 2005. Section 984.35 of the order establishes the Board as the administrative body appointed by USDA to administer the order. That section also specifies composition of the Board, and allocates seats to cooperative and independent growers and handlers. The Board is comprised of ten members and ten alternate members. Two members represent handlers that are cooperative marketing associations of growers (cooperative handlers), and two members represent growers who market their walnuts through cooperative handlers. Two members represent handlers that are not cooperative marketing associations of growers (independent handlers), and two members represent growers that market their walnuts through independent handlers. One member represents growers that market their walnuts through either cooperative or independent handlers, whichever category handled over fifty percent of the walnuts handled by all handlers in the industry in the immediately preceding two marketing years. In recent years, this Board position has been allocated to the independent category. One member represents neither growers nor handlers (public member). Prior to implementation of the interim final rule, § 984.38 of the order provided, in part, that no person shall be selected or continue to serve as a member or alternate member of the Board unless that person is engaged in the business of the group he or she was nominated to represent. A change recently occurred in the walnut industry that impacts composition of the Board. A large cooperative marketing association recently converted to a publicly held corporation. The former cooperative association held two grower and two handler positions on the Board. In order to address this change, § 984.38 of the order needed to be suspended to allow a representative Board to continue in place while the order is amended to reflect the new industry structure. Therefore, the Board recommended through a mail ballot vote in early July 2005, to suspend the order provision. USDA reviewed the recommendation and determined that suspending § 984.38 of the order regarding eligibility requirements of Board members would accomplish that objective. As previously discussed, § 984.38 provided that no person shall be selected or continue to serve as a member or alternate member of the Board unless that person is engaged in the business of the group he or she was nominated to represent. If the eligibility requirements were not suspended, four of the Board members that represented the cooperative would be ineligible to serve on the Board. However, these members continue to represent a significant portion of the industry. Suspending the order provision regarding eligibility of Board members allows a complete Board to remain in place. This action enables a Board that is representative of the walnut industry to continue to administer the order without disruption while the order is being amended to reflect changes in the industry structure. This action continues to suspend § 984.38 of the order entitled “Eligibility.” This action is in the best interest of handlers and growers in the California walnut industry as the industry transitions through a structural change. Final Regulatory Flexibility Act Pursuant to the 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 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 5,000 producers of walnuts in the production area and 50 walnut handlers subject to regulation under the marketing order. Small agricultural service firms are defined as those whose annual receipts are less than $6,000,000 and small agricultural producers have been defined by the Small Business Administration as those having annual receipts less than $750,000 (13 CFR 121.201). Current industry information from the Board indicates that 35 of the 50 walnut handlers, or 70 percent, shipped less than $6,000,000 worth of walnuts and could be considered small businesses by the Small Business Administration. In addition, is it estimated that less than 1 percent of walnut producers have annual receipts in excess of $750,000. Based on the foregoing, the majority of walnut producers and handlers regulated under the marketing order may be classified as small entities. This rule continues in effect an action that suspended provisions of the order pertaining to eligibility of members to serve on the Board. The order regulates the handling of walnuts grown in California, and the Board is responsible for local administration of the order. Specifically, this action suspends § 984.38 of the order entitled “Eligibility.” Due to structural changes in the industry, the order provisions regarding Board composition no longer accurately reflect the industry composition. If the eligibility requirements were not suspended, four of the Board members that represented the cooperative become ineligible to serve on the Board. However, these members continue to represent a significant portion of the industry. Suspending the order provision regarding eligibility of Board members allows a complete Board to remain in place. This action enables a Board that still represents the walnut industry to continue to administer the order without disruption while the order is being amended to reflect changes in the industry structure. The Board unanimously recommended suspending order language by mail balloting in early July 2005. Alternatives to this action were considered. One alternative was to remove the former cooperative members from the Board, which would result in a 6-member Board. This was not considered a preferred option because it would limit the size of the Board. This rule continues to suspend order language pertaining to membership eligibility on the Board. Accordingly, this action does not impose any additional reporting or recordkeeping requirements, or any other costs, on either small or large walnut handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. An interim final rule concerning this action was published in the **Federal Register** on August 26, 2005 (70 FR 50151). Copies of the rule were also mailed or sent via facsimile to all Walnut handlers. In addition, the rule was made available through the Internet by USDA and the Office of the **Federal Register** . That rule provided for a 60-day comment period which ended October 25, 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 the following Web site: *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 Board's recommendation, and other information, it is found that the order language being suspended, as hereinafter set forth, no longer tends to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 984 Walnuts, Marketing agreements, Nuts, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 984 is amended as follows: PART 984—WALNUTS GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR part 984 which was published at 70 FR 50151 on August 26, 2005, is adopted as a final rule without change. Dated: November 22, 2005. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 05-23552 Filed 12-1-05; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
- 7 CFR 984
- 7 USC 601-674
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