Unknown. Final rule

5,991 words·~27 min read·/register/2005/12/23/05-24427·

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-2005-12-23.xml --- 70 246 Friday, December 23, 2005 Contents Agricultural Agricultural Marketing Service RULES Agricultural Marketing Act; miscellaneous marketing practices: USDA farmers market; operating procedures, 76129-76133 05-24427 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, foreign:

Fragrant pears from China; importation, 76133-76140 05-24423 Army Army Department See Engineers Corps NOTICES Agency information collection activities; proposals, submissions, and approvals, 76260-76262 05-24392 05-24393 05-24394 05-24395 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities 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 Medicare & Medicaid Services RULES Medicare:

Electronic Prescription Drug Program; voluntary Medicare prescription drug benefit Correction, 76198-76199 05-24445 Home health agencies; outcome and assessment information set (OASIS) data; reporting as part of participation conditions, 76199-76208 05-24389 Hospice wage index (FY 2006) Correction, 76175-76176 05-24288 Hospital outpatient prospective payment system and 2006 CY payment rates Correction, 76176-76196 05-24447 Medicare Advantage Program Correction, 76196-76198 05-24446 NOTICES Agency information collection activities; proposals, submissions, and approvals, 76288-76290 05-24301 05-24302 Medicaid and Medicare:

Program issuances and coverage decisions; quarterly listing, 76290-76313 05-24023 Meetings: Ambulatory Payment Classification Groups Advisory Panel, 76313-76315 05-24290 Hospital inpatient perspective payment system; applications for new medical services and technologies add-on payments, 76315-76317 05-24022 Medicare Education Advisory Panel, 76317-76318 E5-7757 Coast Guard Coast Guard NOTICES Agency information collection activities; proposals, submissions, and approvals, 76319-76320 E5-7793 Anchorage regulations:

Louisiana; meeting, 76320-76321 E5-7794 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, 76233-76234 E5-7763 E5-7764 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Belarus; correction, 76356 C5-24176 Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.: Technical Assistance for Specialty Crops Program, 76230-76231 05-24426 Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— Educational Opportunity Centers Program, 76264-76267 E5-7784 Safe and drug-free schools programs— College students high-risk drinking or violent behavior prevention, 76267-76270 E5-7783 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Northern New Mexico, 76270-76271 E5-7788 Oak Ridge Reservation, TN, 76272 E5-7790 Savannah River Site, SC, 76271-76272 E5-7789 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Riverside and San Bernardino Counties, CA; Prado Basin Master Plan, 76262-76264 05-24399 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Virginia, 76165-76168 05-24363 Solid waste: Hazardous waste; identification and listing— Exclusions, 76168-76174 05-24367 PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Benzaldehyde, etc., 76224-76228 E5-7693 NOTICES Environmental statements; availability, etc.: Agency comment availability, 76281 E5-7772 Agency weekly receipts, 76281-76282 E5-7771 Grants and cooperative agreements; availability, etc.: State Innovation Program, 76282-76283 E5-7775 Reports and guidance documents; availability, etc.:

Environmental Economics Research Strategy, 76283-76284 E5-7780 Superfund; response and remedial actions, proposed settlements, etc.: A&H Sales Site, FL, 76284 E5-7774 Toxic and hazardous substances control: Interagency Testing Committee report— Receipt and comment request, 76358-76360 05-24410 Water pollution control: National Pollutant Discharge Elimination System— Various regions; stormwater discharges from industrial activities; general permits; comment extension, 76285-76286 E5-7778 Equal Equal Employment Opportunity Commission NOTICES Meetings;

Sunshine Act, 76286 05-24461 Executive Executive Office of the President See Management and Budget Office See Presidential Documents See Science and Technology Policy Office FAA Federal Aviation Administration RULES Area navigation routes; correction, 76140 05-24432 Class B, C, and D airspace, 76140-76147 05-24433 Prohibited areas, 76148-76149 05-24431 NOTICES Passenger facility charges; applications, etc.: Key West International Airport, FL, et al., 76344-76349 05-24434 Pittsburgh International Airport, PA, et al., 76349-76352 05-24438 FCC Federal Communications Commission RULES Common carrier services:

Individuals with hearing and speech disabilities; telecommunications relay services and speech-to-speech services, 76208-76216 05-24419 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 76278-76280 E5-7738 Environmental statements; availability, etc.: East Tennessee Natural Gas, L.L.C., 76280 E5-7741 Meetings: Texas Gas Transmission, LLC; technical conference, 76281 E5-7754 *Applications, hearings, determinations, etc.:* Anaheim, CA, 76272 E5-7752 Duke Energy Marketing America, LLC, et al., 76272-76273 E5-7751 Eastern Shore Natural Gas Co., 76273 E5-7749 Exelon Corp. et al., 76273 E5-7750 ISO New England Inc., 76273-76274 E5-7745 Natural Gas Pipeline Co. of America, 76274 E5-7748 Northern Natural Gas Co., 76274 E5-7739 Northwest Pipeline Corp., 76274-76275 E5-7746 Panhandle Eastern Pipe Line Co., LP, 76275 E5-7742 Stand Energy Corp., 76275-76276 E5-7753 Tennessee Gas Pipeline Co. et al., E5-7743 76276-76277 E5-7744 Texas Gas Transmission, LLC, E5-7755 76277 E5-7756 Wyckoff Gas Storage Co.

LLC, 76277-76278 E5-7740 Wyoming Interstate Co., Ltd., 76278 E5-7747 Federal Highway Federal Highway Administration NOTICES Committees; establishment, renewal, termination, etc.: Motorcyclist Advisory Council, 76352-76353 E5-7795 Environmental statements; notice of intent: Milwaukee, Racine, and Kenosha Counties, WI and Lake County, IL, 76353-76354 05-24342 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, E5-7729 76286-76287 E5-7762 Formations, acquisitions, and mergers, 76287 E5-7730 Permissible nonbanking activities, 76287 E5-7731 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Maxwell National Wildlife Refuge, NM, 76323-76325 E5-7773 Endangered and threatened species and marine mammal permit determinations, etc., 76253 05-24422 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Moxidectin, 76163 05-24386 Food for human consumption: Food labeling— Soluble dietary fiber and coronary heart disease; health claims, 76150-76162 05-24387 NOTICES Agency information collection activities; proposals, submissions, and approvals, 76318-76319 E5-7726 Forest Forest Service NOTICES Appealable decisions; legal notice:

Alaska Region, 76232 05-24402 Meetings: Resource Advisory Committees— Wrangell-Petersburg, 76232 05-24398 Southwest Washington Provincial Advisory Committee, 76233 05-24404 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration NOTICES Reports and guidance documents; availability, etc.: Consolidated Health Informatics initiative; Federal health informsation technology systems; vocabulary standards, 76287-76288 05-24289 Health Health Resources and Services Administration RULES Grant appeal process; simplification, 76174-76175 05-24442 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S.

Citizenship and Immigration Services Housing Housing and Urban Development Department RULES Community development block grants: Job-pirating activities; block grant assistance use prohibition, 76362-76371 05-24428 NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 76323 05-24281 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Oneida Indian Nation, Oneida and Madison Counties, NY; fee-to-trust transfer of land, 76325 E5-7787 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Meetings:

Exxon Valdez Oil Spill Trustee Council, 76323 E5-7766 International International Trade Administration NOTICES Antidumping: Malleable iron pipe fittings from— China, 76234-76241 E5-7785 Meetings: Environmental Technologies Trade Advisory Committee, 76241 E5-7767 Justice Justice Department See Justice Programs Office RULES Organization, functions, and authority delegations: Professional Responsibility Advisory Office, 76163-76165 05-24329 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 76326-76327 E5-7765 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Imperial Irrigation District's Desert Southwest Transmission Line Project, CA, 76325-76326 E5-7761 Oil and gas leases: Utah, 76326 E5-7760 Management Management and Budget Office NOTICES Reports and guidance documents; availability, etc.: Good guidance practices bulletin; comment request, 76333 05-24417 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-7728 76327-76330 E5-7732 E5-7733 E5-7734 E5-7735 E5-7736 National Credit National Credit Union Administration NOTICES Grants and cooperative agreements; availability, etc.:

Community Development Revolving Loan Fund Program, 76330 E5-7722 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 76330-76331 05-24406 National Institute National Institute of Standards and Technology NOTICES Grants and cooperative agreements; availability, etc.: Small grants programs, 76241-76252 05-24424 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico essential fish habitat, 76216-76220 05-24416 NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— Intent to evaluate performance, 76252-76253 05-24391 Endangered and threatened species and marine mammal permit determinations, etc., 76253 05-24422 Grants and cooperative agreements; availability, etc.: 2006 FY funds availability; omnibus notice, 76253-76259 E5-7786 Meetings: Gulf of Mexico Fishery Management Council, 76259-76260 E5-7777 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Food and Drug Administration, Center for Devices and Radiological Health, Rockville, MD, 76331-76332 E5-7792 Meetings: Reactor Safeguards Advisory Committee, 76332-76333 E5-7781 05-24429 *Applications, hearings, determinations, etc.:* System Energy Resources, Inc., 76331 E5-7782 Office Office of Management and Budget See Management and Budget Office Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 05-24459 76333-76334 05-24460 Personnel Personnel Management Office NOTICES Excepted service; positions placed or revoked, 76334-76336 E5-7737 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Food safety regulations:

Safeguarding food from contamination during transportation; withdrawn, 76228-76229 05-24435 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees: National Intelligence, Office of the Director of; order of succession of officers to act as Director (Memorandum of December 20, 2005), 76373-76376 05-24507 Science Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 76286 E5-7776 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 76336 05-24477 Self-regulatory organizations; proposed rule changes: New York Stock Exchange, Inc., 76336-76344 E5-7768 E5-7769 State State Department NOTICES Culturally significant objects imported for exhibition determinations: Edvard Munch: The Modern Life of the Soul, 76344 E5-7791 Surface Surface Transportation Board NOTICES Rail carriers: Cost recovery procedures— Adjustment factor, 76354 E5-7770 Railroad operation, acquisition, construction, control, etc.:

Fulton Railway Co., Ltd., 76354-76355 05-24380 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Committees; establishment, renewal, termination, etc.: Aviation Security Advisory Committee, 76321-76322 05-24400 Meetings:

Aviation Security Advisory Committee, 76322 05-24401 Treasury Treasury Department See United States Mint MISSING FOR: U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 76322-76323 05-24397 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 76355 05-24411 Veterans Veterans Affairs Department PROPOSED RULES Disabilities rating schedule:

Substantially gainful employment, inability of individual to engage in; total disability ratings; withdrawn, 76221 E5-7758 Legal services, General Counsel, and miscellaneous claims: Service organization representatives and agents; accreditation, 76221-76224 E5-7759 Separate Parts In This Issue Part II Environmental Protection Agency, 76358-76360 05-24410 Part III Housing and Urban Development Department, 76362-76371 05-24428 Part IV Executive Office of the President, Presidential Documents, 76373-76376 05-24507 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. 70 246 Friday, December 23, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 170 [Docket No. TM-04-09] RIN 0581-AC39 USDA Farmers Market Operating Procedures AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is publishing procedures to administer the U.S. Department of Agriculture

(USDA)Farmers Market at 12th Street & Independence Avenue, SW., Washington, DC. These procedures allow AMS the means to demonstrate and experiment with direct marketing techniques (operate a farmers market), while at the same time educating consumers on the significance of small farms, the nutritional benefits of fresh fruits and vegetables, and the merits of food recovery. This final rule includes guidelines for the establishment of vendor criteria, selection procedures, and guidelines for governing the operation of the USDA Farmers Market. Also established is a one-time yearly submission information collection in a required application form. DATES: Effective December 23, 2005. FOR FURTHER INFORMATION CONTACT: Errol R. Bragg, Associate Deputy Administrator, Marketing Services Branch, Transportation and Marketing Programs, Agricultural Marketing Service (AMS), USDA, Room 2646-South, 1400 Independence Avenue, SW., Washington, DC, 20250; 202/720-8317, fax 202/690-0031; or e-mail at *USDAFMComments@usda.gov.* SUPPLEMENTARY INFORMATION: Prior published document in this proceeding: Proposed Rule and invitation for comments on proposed USDA Farmers Market guidelines and information collection, Published February 17, 2005 [70 FR 8040]. Executive Order 12866 This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the office of Management and Budget. Executive Order 13132 AMS has analyzed this rule under Executive Order 13132, Federalism, and have determined that it does not have Federalism implications to warrant the preparation of a Federalism assessment under that order. Background The Agricultural Marketing Act of 1946 authorizes this final rule. The Act directs and authorizes the Secretary of Agriculture to conduct, assist, and foster research, investigation, and experimentation to determine the best methods of processing, preparation for market packaging, handling, transporting, distributing, and marketing agricultural products, 7 U.S.C. 1622(a). Moreover, 7 U.S.C. 1622(f) directs and authorizes the Secretary to conduct and cooperate in consumer education for more effective utilization and greater consumption of agricultural products. In addition, 7 U.S.C. 1622(n) authorizes the Secretary to conduct services and to perform activities that will facilitate the marketing and utilization of agricultural products through commercial channels. Pursuant to 7 CFR 2.79, the Under Secretary for Marketing and Regulatory Programs has re-delegated these authorities to the Administrator of AMS. On February 17, 2005, AMS published a proposed rule in the **Federal Register** [70 FR 8040] inviting comments on a proposal of guidelines to establish

(a)Procedures to administer the USDA Farmers Market at 12th Street & Independence Avenue, SW., Washington, DC;

(b)rules for the establishment of vendor criteria, selection procedures, and guidelines for governing the operation of the USDA Farmers Market; and

(c)a one-time yearly submission information collection in the form of a required application form. Interested parties were provided 60 days to comment on the proposed guidelines that applied only to the USDA Farmers Market at headquarters on the corner of 12th Street and Independence Avenue, SW., Washington, DC. Summary of Comments Six

(6)comments were received from the public; two by mail, the remaining by e-mail. Of the six comments received, three

(3)were from students from Tufts University, one

(1)was from an individual, and the remaining two

(2)provided no comments on the proposed rule. Three of the four significant comments were supportive of AMS's efforts and the proposed guidelines and procedures. The commenters also indicated that the information collection was necessary and ensured the Agency's performance of its responsibility to properly maintain a functioning market. The comments received fall largely into a broad category that involves administrative and procedural issues. One issue addresses the USDA Farmers Market hours of operation, the second involves the data collection estimated time requirement, and the third addresses where products sold at the market come or are produced from. USDA Farmers Market Hours of Operation Two commenters thought that the hours of operation, 10 a.m.-2 p.m., were too short or inconvenient for those in the immediate vicinity of the market. This rule applies only to the USDA Farmers Market at USDA headquarters just outside of the USDA complex buildings in Washington, DC. There are four USDA complex buildings: the USDA Whitten and South buildings, located on either side of the Independence Avenue, SW., between 14th and 12th Streets; the third, USDA Cotton Annex, located at the corner of 12th and C Streets; and the fourth, the USDA Forestry building, is located on the corner of 14th and Independence. The USDA Farmers Market, operating June-October annually, is located in a parking area at the corner of 12th Street and Independence Avenue, SW., Washington, DC. There is a “mall” area on the other side of the USDA Whitten building, which is a large grassy area which extends between the Washington Monument and the U.S. Capital building. Buildings on the opposite side of this mall area are Smithsonian museums. The remaining closest buildings in the vicinity of the USDA Farmers Market and USDA complex are office buildings and museums: The Holocaust Museum, a Smithsonian museum, the Department of Energy, and two U.S. Treasury buildings. The majority of shopping customers at the USDA Farmers Market are Federal employees working in this immediate vicinity and tourists visiting various museums in the area. Beginning with the first market in 1996, the USDA Farmers Market operation hours of 10 a.m.-2 p.m. were mutually agreed upon by participating farmers and AMS. Federal employees generally ventured from work to the market just before, during, and after lunch hours from 11 a.m.-1:30 p.m. This shopping pattern remains unchanged. Farmers participating in the market drive in from Virginia, Maryland, and Pennsylvania. Generally speaking, traffic into and out of Washington, DC is much lighter just after 9 a.m. and before 3 p.m. The one hour window, from 2-3 p.m. in the afternoon, allows participating farmers and other vendors an opportunity to break-down their tents, pack-up or glean any remaining food items, clean-up their assigned selling market spaces, and leave before traffic begins to increase. With this information in mind, the 10 a.m.-2 p.m. hours of operation was and is the logical choice for farmers and visiting employee customers in the vicinity. AMS plans no changes to the market's hours of operation from 10 a.m.-2 p.m. Estimated Time Required for Data Collection One commenter was concerned that the new information collection, the required USDA Farmers Market Application form, would take longer than an average of 0.08 hours or 4.8 minutes to complete. Specifically, the information requested on the application form includes contact information including the farmer and farm names, other farm employees, and the farm mailing address, phone, and e-mail. This information is critical for AMS to provide timely information to each farmer about the market's operating guidelines. Additionally, an unexpected condition such as weather related storms or other security issues could require AMS to close the market. Should this ever happen in the future, AMS will be able to contact each farmer prior to the date of the closure. Although not required for participation, AMS also requests the number of farm acreage (numeric response), whether the farm is certified organic (yes/no response), and whether liability insurance coverage (name of company) is maintained on the product and farm (yes/no responses). The farm acreage information is gathered to ensure that vendors can and are producing the products provided on the application. AMS also visits farm locations to verify compliance with market criteria and guidelines. Information regarding certified organic farms is gathered to assist market managers in determining a diverse mix of products offered. The insurance liability coverage information, which includes off-farm liability insurance and product liability insurance, is asked to protect USDA from lawsuits and customers from financial harm caused by accidents. This information is gathered only for AMS's records. Lastly a list of over 45 fruits, vegetables, and other products has been provided on each form. Farmers are asked to provide the month the corresponding products will be available for sale at the market. This information provides AMS with information about the type, variety, and availability of products during the months of June-October. AMS began the voluntary use of this form in 1998 and rarely does the information requested require farmers and vendors to look-up their responses. AMS plans to make no changes to the estimated time burden for participants to complete the application form. The questions are general in nature and each farmer should already know his or her responses. Products Sold at the USDA Farmers Market One commenter expressed concern regarding whether the products produced from China would make their way into this market. AMS recruits farmers and vendors through local farm organizations in the Washington DC metropolitan area and State Departments of Agriculture in the mid-Atlantic region including, Virginia, West Virginia, Maryland, Delaware, and Pennsylvania. Upon receiving a list of potential farmers and vendors from the organizations and the State Departments of Agriculture, an information packet, which includes an application and this rule, is mailed to each potential participant identified by the contacts. AMS utilizes selection criteria designed to ensure a consistently high level of quality and diverse products are available at the market, while operating in the constraints of space available at the market site as defined in section 170.12. The criteria include:

(a)The participant must be a producer-only farmer or producer, seller of value-added products, or specialized non-produce vendor, as defined in section 170.4.

(b)AMS selects participants to ensure that a balanced mix of wide range of fresh farm fresh fruits and vegetables will be maintained throughout the season.

(c)Participants should commit to supporting the USDA food gleaning/food recovery initiative. This commitment requires farmers and vendors to donate surplus food and food products at the end of each market day to a local nonprofit organization identified by USDA.

(d)Participants must commit to the entire market season and be willing to participate on a regular basis.

(e)AMS reserves the right to select several farmers or vendors based on previous participation in the program (grandfather provision), consistency in providing quality products, and compliance with operating guidelines. AMS also provides the USDA Farmers Market operating guidelines (section 170.13) to each participant, and visits farms/businesses as necessary. Because AMS is involved in the farmer/vendor selection and visits these local farm operations, we do not agree that products brought to the market will be produced from China. Paperwork Reduction Act In accordance with Office of Management and Budget

(OMB)regulations [5 CFR 1320], which implement the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements that are imposed by this rule were submitted and approved by OMB under 0581-0229. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. Form TM-28, USDA Farmers Market Application, was described in the proposed rule as requiring a one-time yearly submission of the information on the application with information on contacts, farm location, type of farming operation, types of products grown, and business practices, including insurance coverage. This signed application also provides a list of over 45 fruits, vegetables, and other products produced by farmers and the months the corresponding products, as requested for AMS to know when products will be available for sale at the market. As a result of the comments received, the USDA Farmers Market Application has been revised to clarify two existing requests for information. First, the application will be revised to request the names of other farmers or employees that will be participating at the market with the farm contact person, instead of a list of other farmers and/or employees who work at the applicant farm. This information is required for USDA security personnel to assist in providing security about who will have access to the USDA property. Second, the application will be revised to request the estimated months the corresponding products will be available for sale at the market. This information will provide AMS with an estimate not only as to when, but how long each of the products may be available for sale at the market. These revisions and clarifications have no effect on the burden or description of the form. The information collection will be used only by AMS staff to

(a)communicate efficiently and effectively with, and

(b)provide operating guidelines and procedures to farmers and vendors participating in the USDA Farmers Market. Government Paperwork Elimination Act Compliance AMS is committed to compliance with the Government Paperwork Elimination Act (GPEA), which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, requires Federal agencies to assess the effects of their regulatory actions not specifically required by law on state, local and tribal governments. This rule contains no Federal mandates that would result in the expenditure of $100 million or more for these groups or for the private section. Therefore, no written statement or cost-benefit analysis is required under this act. Regulatory Flexibility Act AMS reviewed the proposed rule under the Regulatory Flexibility Act, 5 U.S.C. 601-612, and determined that it will not have a significant economic impact on a substantial number of small entities. This program does not impose requirements on small entities that are not eligible to participate in the program, and imposes on small entities applying for and participating in the program only minimum requirements necessary for proper administration and oversight of this program. Therefore, a regulatory flexibility analysis is not required and was not performed. List of Subjects in 7 CFR Part 170 Agricultural commodities, Farmers. For the reasons set forth in the preamble, Title 7, chapter 1 of the Code of Federal Regulations is amended as follows: 1. Add a new subchapter G, consisting of part 170 to read as follows: Subchapter G—Miscellaneous Marketing Practices Under the Agricultural Marketing Act of 1946 PART 170—USDA FARMERS MARKET Sec. 170.1 To which farmers market does this rule apply? 170.2 Is the USDA Farmers Market a producer-only market? 170.3 What products may be sold at the USDA Farmers Market? 170.4 Who may participate in the USDA Farmers Market? 170.5 Is there a fee to participate in the USDA Farmers Market? 170.6 How are potential market participants identified for the USDA Farmers Market? 170.7 Can I apply if I am not recruited? 170.8 What are the application procedures? 170.9 What type of information does the application require? 170.10 Must a participant in the market have insurance? 170.11 How are farmers and vendors selected for participation in the USDA Farmers Market? 170.12 What are the selection criteria for participation in the USDA Farmers Market? 170.13 What are the operating guidelines for the USDA Farmers Market? 170.14 What circumstances will prevent participation in the USDA Farmers Market? Authority: 5 U.S.C. 301; 7 U.S.C. 1621-1627. § 170.1 To which farmers markets does this rule apply? This rule applies only to the USDA Farmers Market at headquarters on the corner of 12th Street & Independence Avenue, SW., Washington, DC. § 170.2 Is the USDA Farmers Market a producer-only market? Yes. A producer-only market is one that does not offer agricultural products that are commercially made, created, or produced, and only allows agricultural products that are grown by a principal farmer. A producer-only market offers raw agricultural products such as fruits, vegetables, flowers, bedding plants, and potted plants. The USDA Farmers Market is a producer-only market since only farmers who may sell products that they grow or produce will be selected for participation. It also allows the sale of value-added products and other specialized non-produce items. § 170.3 What products may be sold at the USDA Farmers Market? Products that may be sold at the market include, but are not limited to, fresh, high-quality fruits, vegetables, herbs, honey, jams and jellies, cheese, vinegars, cider, maple syrup, fish, flowers, bedding plants, and potted plants. USDA inspected meats and poultry items also may be sold. § 170.4 Who may participate in the USDA Farmers Market? Members of three groups may participate in the USDA Farmers Markets:

(a)*Principal farmers or producers who sell their own agricultural products.* The principal farmer must be in full control and supervision of the individual steps of production of crops including tilling, planting, cultivating, fertilizer and pesticide applications (if applicable), harvesting and post-harvest handling on its own farm with its own machinery and labor.

(b)*Principal farmer or producers who sell their own value-added agricultural products.* Value-added products may include agricultural products that have been enhanced through a modification of the product, such as braiding, weaving, hulling, extracting, handcrafting, and the like. It also may result from growing the product in a way that is acknowledged as safer. Farmers and vendors selling these types of products must prepare them predominately with material they have grown or gathered.

(c)*Nonproduce vendors.* A limited number of non-produce vendors may be selected by market management to sell specialized products that enhance the market atmosphere and historically attract customers to a farmers market. These specialized vendors, such as bakers, may be exempted from the reselling restrictions that apply to the farmers and vendors described in paragraphs

(a)and

(b)of this section. § 170.5 Is there a fee to participate in the USDA Farmers Market? No, there are no fees charged to participate in the market. § 170.6 How are potential market participants identified for the USDA Farmers Market? Potential market participants are recruited by AMS market management through local farm organizations in the Washington DC metropolitan area State Departments of Agriculture from the mid-Atlantic region including, Virginia, West Virginia, Maryland, Delaware, and Pennsylvania. Upon receiving a list of potential farmers and vendors from the organizations and the State Departments of Agriculture, an information packet, which includes an application and this rule, will be mailed to each potential participant identified by the contacts. § 170.7 Can I apply if I am not recruited? Yes. Interested persons may call or write USDA to request an information packet even if they are not recruited. Those interested may write USDA/AMS/TM/MSB, Room 2646-South Building, 1400 Independence Avenue, SW., Washington, DC, 20250, or call

(202)720-8317. They may also call the USDA Farmers Market Hotline at 1-800-384-8704 to leave a message to have a packet mailed or faxed. They may also visit the web site at *http://www.ams.usda.gov/farmersmarkets/* to review the selection criteria, the operating rules, and to receive an application electronically. § 170.8 What are the application procedures? In January of each year, prospective and returning participants must submit to USDA a completed application for participation in the upcoming market season. Each application will include a copy of this rule, which includes the selection criteria and operating guidelines. Each applicant also will certify that each is the owner or representative of the farm or business submitting the application. § 170.9 What type of information does the application require? The application for participation in the USDA Farmers Market will provide market management with information on contacts, farm location, type of farming operation, types of products grown, and business practices, including insurance coverage. § 170.10 Must a participant in the market have insurance? There is no requirement for a participant to have insurance; however, USDA asks that participants with insurance provide insurance information for our records. § 170.11 How are farmers and vendors selected for participation in the USDA Farmers Market? USDA reviews all applications and selects participants based primarily on the type of farmer or vendor (i.e., fruit, vegetable, herb, baker) and secondly, on the specific types of products to be sold. The selection of the participants is conducted by the market management to ensure a balanced product mix of fruits, vegetables, herbs, value-added products, and baked goods. § 170.12 What are the selection criteria for participation in the USDA Farmers Market? The selection criteria are designed to ensure a consistently high level of quality and diverse products are available at the market, while operating in the constraints of space available at the market site. The criteria are:

(a)*Member of one of the three participant groups specified in § 170.4 of this part.* The participant must be a producer-only farmer or producer, seller of value-added products, or specialized non-produce vendor.

(b)*Participant offers a product that adds to a product mix.* Market management will ensure that a balanced mix of fresh fruits and vegetables will be maintained throughout the season. Final selection of fruit and vegetable producers will be made based on their ability to ensure a wide range of fresh farm products throughout the season.

(c)*Willingness to Glean.* Participants should commit to supporting the USDA food gleaning/food recovery initiative. This commitment requires farmers and vendors to donate surplus food and food products at the end of each market day to a local nonprofit organization identified by USDA. Questions about tax deductions for gleaning should be referred to the Internal Revenue Service or a tax advisor. Receipts for donated foods may be obtained from the receiving nonprofit organization.

(d)*Commitment to market.* Participants must commit to the entire market season and be willing to participate on a regular basis.

(e)*Grandfather provision.* Market management reserves the right to select several farmers or vendors based on previous participation in the program, consistency in providing quality products, and compliance with operating guidelines. § 170.13 What are the operating guidelines for the USDA Farmers Market?

(a)*Market Operation.* The Market will be held in parking court #9 of the USDA Headquarters Complex located on the corner of 12th Street and Independence Avenue, SW., Washington, DC. Selling will not begin before 10 a.m. and will end promptly at 2 p.m. each market day. All participants must be in place, setup and ready to sell by 10 a.m. Due to space restrictions at the site, late arrivals will be located at market management's discretion. All vehicles must vacate the market site no later than 3 p.m.

(b)*Notification of Attendance.* Each participant must call USDA within 48 hours of a market day if they cannot attend. Failure to provide proper and timely notification may result in termination of participation in the market.

(c)*Participant Space.* One vehicle is permitted per space; all other vehicles must be removed from the immediate market premises. One space is 16w x 17d feet, and all trucks must fit within that area. There is only room for 15 spaces.

(d)*Signage.* Participants must clearly display the name of their farm/business and post prices for all items being sold.

(e)*Clean-up.* Participants are responsible for cleaning all trash and waste within and around their allotted space. Garbage bins are provided on the market site for this purpose.

(f)*Cooperative Marketing.* Participants are permitted to share space with another participant or sell another's products if the arrangement is deemed by market management as beneficial to the market. A co-op must be pre-approved by market management and will not be accepted if similar products are already sold by existing farmers or vendors.

(g)*Farm/Business Visits.* Market management may visit farm/business locations to verify compliance with market criteria and guidelines. Participants should submit a map and directions to their farm/businesses with their market applications.

(h)*Conduct on Federal Property:* Participants must comply with Subpart 20.3 of the Federal Property Management Regulations, “Conduct on Federal Property,” 41 CFR 20.3. § 170.14 What circumstances will prevent participation in the USDA Farmers Market?

(a)Efforts will be made to accommodate all who apply to participate in the market. However, market management may deny participation in the market because of insufficient space or excess supply of the products to sell, failure to meet the stated criteria, or the participant's noncompliance with the operating guidelines or regulations.

(b)Participants who sell before the 10 a.m. opening time will be restricted from participating in the market following their second violation. A written warning will be given to the participant for the first violation of this guideline. After the second violation occurs, a letter of reprimand will be given to the participant restricting their participation for the next immediate market day.

(c)Participants who arrive after the 10 a.m. opening time may be restricted from participating in the market following their second violation. A written warning may be given to the participant for the first violation of this guideline. After the second violation occurs, a letter of reprimand may be given to the participant restricting their participation for the next immediate market day. Dated: December 19, 2005. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 05-24427 Filed 12-22-05; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

U.S. Code

7 references not yet in our index