Unknown. Interim final rule with request for comments

4,686 words·~21 min read·/register/2006/02/01/06-947·

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-2006-02-01.xml --- 71 21 Wednesday, February 1, 2006 Contents Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 5157-5159 06-947 PROPOSED RULES Spearmint oil produced in— Far West, 5183-5188 06-948 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Housing Service Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Apparatus for induction lamination of electrically conduction fiber-reinforced thermoplastic, 5250 06-932 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 5236-5239 E6-1296 E6-1298 E6-1303 Coast Guard Coast Guard RULES Drawbridge operations: Iowa and Illinois, 5170-5171 06-904 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: North Portland Harbor, OR; correction, 5172 06-906 PROPOSED RULES Rulemaking petitions:

Fall River, MA, 5204 06-920 NOTICES Meetings: Towing Safety Advisory Committee, 5352-5353 E6-1247 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5236 E6-1300 E6-1301 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 5410-5411 E6-1221 Consumer Consumer Product Safety Commission RULES Organization, functions, and authority delegations:

Office of Financial Management, Planning, and Evaluation, et al., 5165-5170 06-902 Corporation Corporation for National and Community Service PROPOSED RULES Program Fraud Civil Remedies Act; implementation, 5211-5221 E6-1220 Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Early Childhood Educator Professional Development Program, 5572-5578 06-937 Election Election Assistance Commission NOTICES Help America Vote Act:

State election plans— West Virginia, 5251-5299 06-391 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Northeastern Colorado; Halligan-Seaman Water Management Project, 5250-5251 06-933 EPA Environmental Protection Agency RULES Air quality planning purposes; designation of areas: California, 5172-5176 06-893 06-894 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Minnesota, 5205-5211 E6-1367 Air quality planning purposes; designation of areas: California, 5211 06-892 Motor vehicles; fuel economy labeling, 5426-5513 06-451 NOTICES Agency information collection activities; proposals, submissions, and approvals, 5315-5317 E6-1351 E6-1352 Meetings: Science Advisory Board, 5317-5318 E6-1350 Pesticide, food, and feed additive petitions: Stepan Co., 5322-5323 E6-1343 Pesticide programs: Risk assessment— Inorganic chlorates, 5318-5320 06-841 Pesticide registration, cancellation, etc.:

ExxonMobil Chemical Co., 5321-5322 06-951 Pesticides; emergency exemptions, etc.: Potassium chloride, 5323-5325 06-936 Toxic and hazardous substances control: New chemicals; test marketing exemptions, 5325-5326 E6-1340 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 5326-5331 06-934 06-935 Meetings; Sunshine Act, 5332 06-996 FAA Federal Aviation Administration RULES Airworthiness directives:

Dassault, 5159-5162 06-824 Rolls-Royce plc., 5162-5165 06-826 PROPOSED RULES Airports: Passenger facility charges; debt service, air carrier bankruptcy, and miscellaneous changes, 5188-5200 06-896 Airworthiness standards: Aircraft electrical and electronic systems; high-intensity radiated fields protection, 5554-5567 06-895 NOTICES Advisory circulars; availability, etc.: Certification of aircraft electrical and electronic systems for operation in the high density radiated field environment, 5570 06-897 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Texas, 5176 06-753 Television broadcasting: Children's television programming— Internet Web site addresses display in children's television; processing guidelines for digital broadcasters, 5176-5177 06-799 PROPOSED RULES Common carrier services: Individuals with hearing and speech disabilities; telecommunications relay services and speech-to-speech services, 5221-5231 E6-1368 NOTICES Agency information collection activities; proposals, submissions, and approvals, 5332-5338 06-750 06-751 06-752 06-890 06-891 Common carrier services:

Policies and rules concerning unauthorized changes on long distance carriers, 5338-5339 06-796 Rulemaking proceedings; petitions filed, granted, denied, etc., 5339 06-795 06-888 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-1327 5353-5357 E6-1328 E6-1330 E6-1331 E6-1333 Meetings: National Fire Academy Board of Visitors, 5357 06-939 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 5307-5310 E6-1246 E6-1262 E6-1264 Environmental statements; availability, etc.:

Public Service Company of New Hampshire, 5310 E6-1241 Hydroelectric applications, 5310-5315 E6-1240 E6-1242 E6-1249 E6-1251 E6-1252 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 5300 E6-1260 Duke Energy Marketing America, LLC, et al., E6-1235 5300-5301 E6-1258 East Tennessee Natural Gas, LLC, 5301 E6-1236 Entergy Arkansas, Inc., 5301-5302 E6-1238 Entrega Gas Pipeline LLC, 5302 E6-1261 Gas Transmission Northwest Corp., 5302 E6-1259 Gulf States Transmission Corp., 5302-5303 E6-1255 High Island Offshore System L.L.C., 5303 E6-1254 Iroquois Gas Transmission System, L.P., 5303 E6-1256 Midwest Energy, Inc., 5304 E6-1239 Mojave Pipeline Co., 5304 E6-1257 NRG Energy, Inc. et al., 5304-5305 E6-1237 Panhandle Eastern Pipe Line Company, LP, 5305 E6-1243 Tennessee Gas Pipeline Co., 5305-5306 E6-1248 Venice Gathering System, L.L.C., 5306-5307 E6-1253 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:

Los Angeles County, CA, 5406 06-924 Environmental statements; notice of intent: Iron County, Utah, 5407 06-923 Proposed highway projects; licenses, permits and approvals: Ohio, 5407-5408 E6-1312 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 5339-5340 E6-1358 Ocean transportation intermediary licenses: Logicargo Corp., et al, 5340 E6-1363 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 5340-5341 E6-1325 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Alabama beach mouse, 5516-5546 06-688 NOTICES Agency information collection activities; proposals, submissions, and approvals, 5357-5358 E6-1315 Endangered and threatened species: Survival enhancement permits— Columbia spotted frog; Sam Noble Springs, Owyhee County, ID; candidate conservation agreement, 5358-5359 E6-1302 Meetings: Klamath River Basin Fisheries Task Force, 5359 E6-1294 Food Food and Drug Administration PROPOSED RULES Human drugs:

Prescription drug marketing; blood derivatives distribution by registered blood establishments qualifying as health care entities, 5200-5203 E6-1225 NOTICES Federal Food, Drug, and Cosmetic Act: Anthrax Vaccine Absorbed; emergency use authorization; emergency declaration termination, 5341-5342 E6-1311 Human drugs: Patent extension; regulatory review period determinations— HUMIRA, 5342-5343 E6-1313 Meetings: Pediatric Advisory Committee, 5343 E6-1223 Psychopharmacologic Drugs Advisory Committee, 5343-5344 E6-1222 Vaccines and Related Biological Products Advisory Committee, 5344 E6-1224 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Southwest Idaho, 5232 06-922 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 5341 E6-1217 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Texas, 5232-5233 E6-1337 Agency information collection activities; proposals, submissions, and approvals, 5233-5235 E6-1335 Health Health and Human Services Department See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Reports and guidance documents; availability, etc.:

Software Assurance Program: Building Better Quality and More Secure Software, 5351-5352 E6-1346 Indian Indian Affairs Bureau NOTICES Environmental statements; availability, etc.: Confederated Tribes of Umatilla Reservation, OR; Coyote Business Park project, 5359-5360 E6-1263 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-1228 5411-5422 E6-1229 E6-1230 E6-1231 E6-1289 Committees; establishment, renewal, termination, etc.:

Art Advisory Panel, 5422-5423 E6-1234 International International Trade Administration NOTICES Antidumping: Metal calendar slides from— Japan, 5244-5248 E6-1348 Antidumping and countervailing duties: Administrative review requests, 5239-5243 E6-1342 E6-1344 E6-1345 Five year (sunset) reviews— Initiation of reviews, 5243-5244 E6-1347 International International Trade Commission NOTICES Import investigations: Fresh and chilled Atlantic salmon from— Norway, 5373-5374 E6-1360 Fresh garlic from— China, 5374-5376 06-807 Grain-oriented silicon electrical steel from— Italy and Japan, 5376-5378 06-806 Justice Justice Department See Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 5378-5379 E6-1316 Pollution control; consent judgments:

Bennett, Adeline, R., et al., 5379 06-928 Quaker City, Inc., 5380 06-926 VTF Properties, 5379-5380 06-927 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 5380-5381 E6-1219 Land Land Management Bureau NOTICES Alaska Native claims selection: Elim Native Corp., 5360 E6-1309 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Les Entreprises Michel Corbeil Inc., 5408-5409 E6-1373 Weekend Warrior Trailers, Inc., 5409 E6-1372 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 5344-5345 E6-1269 Inventions, Government-owned; availability for licensing, 5345-5346 E6-1277 E6-1286 Meetings:

Cesarean delivery on maternal request; state-of-the science conference, 5346-5347 E6-1272 National Cancer Institute, 06-910 06-912 5347-5348 06-913 National Center on Minority Health and Health Disparities, 5348 06-917 National Human Genome Research Institute, 5348 06-918 National Institute of Allergy and Infectious Diseases, 5349 06-916 National Institute of Nursing Research, 5349 06-914 National Institute on Drug Abuse, 5348-5349 06-911 06-915 Scientific Review Center, 5349-5351 06-919 Patent licenses; non-exclusive, exclusive, or partially exclusive:

RxKinetix, Inc., 5351 E6-1389 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Columbia River steelhead; final listing determinations, 5178-5180 06-929 Marine mammals: Commercial fishing authorizations; incidental taking— Atlantic Large Whale Take Reduction Plan, 5180-5182 06-944 NOTICES Agency information collection activities; proposals, submissions, and approvals, 5248-5249 E6-1299 Meetings: Marine Fisheries Advisory Committee, 5249-5250 E6-1336 National Park National Park Service NOTICES Committees; establishment, renewal, termination, etc.:

Native American Graves Protection and Repatriation Review Committee, 5360-5361 E6-1292 Management and land protection plans; availability, etc.: Cape Cod National Seashore, MA, 5361-5362 06-909 Redwood National Park, CA, 5362 06-908 Native American human remains and associated funerary objects: University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, 5362-5363 E6-1291 Native American human remains, funerary objects; inventory, repatriation, etc.: Denver Museum of Nature & Science, Denver, CO, 5363-5365 E6-1275 E6-1279 Fort Collins Museum, Fort Collins, CO, 5365-5367 E6-1268 E6-1270 Fowler Museum of Cultural History, University of California, Los Angeles, Los Angeles, CA, 5367-5368 E6-1271 San Francisco State University, San Francisco, CA, 5368-5369 E6-1274 University of Colorado Museum, Boulder, CO, 5369-5373 E6-1273 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 5381 06-949 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 5383 E6-1308 *Applications, hearings, determinations, etc.:* Louisiana Energy Services, L.P., 5382-5383 E6-1324 Overseas Overseas Private Investment Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-930 5383-5384 06-931 Postal Postal Service NOTICES Meetings; Sunshine Act, 5384 06-995 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National African American History Month (Proc. 7976), 5155-5156 06-991 Rural Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5235-5236 E6-1276 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 5384-5388 E6-1310 E6-1314 E6-1317 E6-1320 E6-1323 Self-regulatory organizations; proposed rule changes:

Chicago Stock Exchange, Inc., 5390-5391 E6-1304 National Association of Securities Dealers, Inc., 5391-5392 E6-1307 New York Stock Exchange, Inc., 5392-5394 E6-1227 Philadelphia Stock Exchange, Inc., 5394-5396 E6-1305 *Applications, hearings, determinations, etc.:* Hutchinson Technology Inc., 5388-5390 E6-1226 Social Social Security Administration NOTICES Privacy Act; computer matching programs, 5396-5397 E6-1318 Privacy Act; systems of records, 5397-5400 E6-1319 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 5400-5402 E6-1341 E6-1356 E6-1357 Debarment proceedings:

Gonzalez-Martinez, Bernardo, et al., 5402-5404 E6-1339 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Missouri, 5548-5552 06-883 Surface Surface Transportation Board NOTICES Waybill data; release for use, 5409 E6-1329 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:

Hearings, etc.— Island Air, 5404 E6-1321 Grants and cooperative agreements; availability, etc.: Essential Air Service Code-Sharing Pilot Program, 5404-5406 E6-1322 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 5409-5410 E6-1334 Veterans Veterans Affairs Department PROPOSED RULES Medical benefits: Informed consent; health care professionals designation, 5204-5205 E6-1218 Separate Parts In This Issue Part II Environmental Protection Agency, 5426-5513 06-451 Part III Interior Department, Fish and Wildlife Service, 5516-5546 06-688 Part IV Interior Department, Surface Mining Reclamation and Enforcement Office, 5548-5552 06-883 Part V Transportation Department, Federal Aviation Administration, 5554-5567 06-895 Part VI Transportation Department, Federal Aviation Administration, 5570 06-897 Part VII Education Department, 5572-5578 06-937 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. 71 21 Wednesday, February 1, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Docket No. FV06-905-1 IFR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Increased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule increases the assessment rate established for the Citrus Administrative Committee (Committee) for the 2005-06 and subsequent fiscal periods from $0.006 to $0.008 per 4/5 bushel carton of oranges, grapefruit, tangerines, and tangelos handled. The Committee locally administers the marketing order which regulates the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida.

Assessments upon Florida citrus handlers are used by the Committee to fund reasonable and necessary expenses of the program. The fiscal period begins August 1 and ends July 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: February 2, 2006. Comments received by April 3, 2006, will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule.

Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax:

(202)720-8938; E-mail: *moab.docketclerk@usda.gov* ; or Internet: *http://www.regulations.gov* . Comments should reference the docket number and the date and page number of this issue of the **Federal Register** and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.ams.usda.gov/fv/moab.html* . FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Southeast Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; telephone:

(863)324-3375, Fax:

(863)325-8793; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone:

(202)720-2491, Fax:

(202)720-8938, or E-mail: *Jay.Guerber@usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 84 and Marketing Order No. 905, both as amended (7 CFR part 905), regulating the handling of oranges, grapefruit, tangerines, and tangelos grown in Florida, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Department of Agriculture

(USDA)is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, Florida citrus handlers are subject to assessments. Funds to administer the order are derived from such assessments. It is intended that the assessment rate as issued herein will be applicable to all assessable oranges, grapefruit, tangerines, and tangelos grown in Florida, beginning August 1, 2005, and continue until amended, suspended, or terminated. 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 increases the assessment rate established for the Committee for the 2005-06 and subsequent fiscal periods from $0.006 per 4/5 bushel carton to $0.008 per 4/5 bushel carton of oranges, grapefruit, tangerines, and tangelos grown in Florida. The Florida citrus marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers and handlers of oranges, grapefruit, tangerines, and tangelos. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input. For the 2003-04 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA. The Committee met on December 16, 2005, and unanimously recommended 2005-06 expenditures of $209,000 and an assessment rate of $0.008 per 4/5 bushel of oranges, grapefruit, tangerines, and tangelos grown in Florida based on a crop estimate of 24 million 4/5 bushels. In comparison, last year's budgeted expenditures were $300,000. The recommended assessment rate is $0.002 higher than the $0.006 rate currently in effect. The Committee originally met May 10, 2005, and recommended a budget of $220,000 and that the assessment rate be maintained at $0.006. The Committee had anticipated reduced shipments due to the lingering effects from the hurricanes the industry experienced during the 2004-05 season. However, in October 2005, the industry experienced additional crop loss due to the effects of Hurricane Wilma. Assessable cartons for 2005-06 are now estimated to be 24 million, down from the 36 million originally estimated for the season. Further, the new estimate is close to 28 million cartons under shipments for the 2003-04 season, the most recent season not impacted by hurricanes. Consequently, it is necessary to increase the assessment rate. The major expenditures recommended by the Committee for the 2005-06 fiscal year include $106,150 for salaries, $25,000 for Manifests-USDA-FDACS, $16,700 for retirement plan, $14,550 for insurance and bonds, and $8,250 for payroll taxes. Budgeted expenses for these items in 2004-05 were $131,000, $25,000, $20,500, $21,000, and $10,600, respectively. The assessment rate recommended by the Committee was derived by dividing anticipated expenses by expected shipments of oranges, grapefruit, tangerines, and tangelos. As mentioned earlier, Florida citrus shipments for the year are estimated at 24 million 4/5 bushels, which should provide $192,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve will be adequate to cover budgeted expenses. Funds in the reserve currently total approximately $30,000 and are within the maximum permitted by the order of not to exceed one half of one fiscal period's expenses as stated in § 905.42(a). The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking will be undertaken as necessary. The Committee's 2005-06 budget and those for subsequent fiscal periods will be reviewed and, as appropriate, approved by USDA. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 8,500 producers of oranges, grapefruit, tangerines, and tangelos in the production area and approximately 75 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration

(SBA)as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $6,000,000 (13 CFR 121.201). Based on industry and Committee data, the average annual f.o.b. price for fresh Florida citrus during the 2004-05 season was approximately $11.54 per 4/5 bushel carton, and total fresh shipments for the 2004-05 season were approximately 30.2 million cartons of citrus. Using the average f.o.b. price, at least 70 percent of the Florida citrus handlers could be considered small businesses under SBA's definition. In addition, based on production and grower prices reported by the National Agricultural Statistics Service, and the total number of Florida citrus growers, the average annual grower revenue is approximately $87,600. In view of the foregoing, it can be concluded that the majority of handlers and producers of Florida citrus may be classified as small entities. This rule increases the assessment rate established for the Committee and collected from handlers for the 2005-06 and subsequent fiscal periods from $0.006 to $0.008 per 4/5 bushel carton of oranges, grapefruit, tangerines, and tangelos. The Committee unanimously recommended 2005-06 expenditures of $209,000 and an assessment rate of $0.008 per 4/5 bushel carton. The recommended assessment rate is $0.002 higher than the rate now in effect. The quantity of assessable oranges, grapefruit, tangerines, and tangelos for the 2005-06 season is estimated at 24 million 4/5 bushel cartons. Thus, the $0.008 rate should provide $192,000 in assessment income. Income derived from handler assessments, along with interest income, and funds from the Committee's reserve will be adequate to cover budgeted expenses. The major expenditures recommended by the Committee for the 2005-06 fiscal year include $106,150 for salaries, $25,000 for Manifests-USDA-FDACS, $16,700 for retirement plan, $14,550 for insurance and bonds, and $8,250 for payroll taxes. Budgeted expenses for these items in 2004-05 were $131,000, $25,000, $20,500, $21,000, and $10,600, respectively. The Committee originally met May 10, 2005, and recommended a budget of $220,000 and that the assessment rate be maintained at $0.006. The Committee had anticipated reduced shipments due to the lingering effects from the hurricanes the industry experienced during the 2004-05 season. However, in October 2005, the industry experienced additional crop loss due to the effects of Hurricane Wilma. Assessable cartons for 2005-06 are now estimated to be 24 million, down from the 36 million originally estimated for the season. Further, the new estimate is close to 28 million cartons under shipments for the 2003-04 season, the most recent season not impacted by hurricanes. Consequently, it is necessary to increase the assessment rate to meet 2005-06 budget requirements. The Committee reviewed and unanimously recommended 2005-06 expenditures of $209,000. Prior to arriving at this budget, the Committee considered information from various sources including the Committee's Budget Subcommittee. Alternative assessment rates were discussed based on different estimates of assessable cartons and budget expenses. The assessment rate of $0.008 per 4/5 bushel carton of assessable oranges, grapefruit, tangerines, and tangelos was then determined by dividing the total recommended budget by the quantity of assessable Florida citrus, estimated at 24 million 4/5 bushel cartons for the 2005-06 season taking into consideration the availability of reserve funds and interest income. This assessment rate will yield approximately $17,000 under anticipated budgeted expenses with the deficit funds to be drawn from reserves and interest income. A review of historical information and preliminary information pertaining to the upcoming 2005-06 fiscal period indicates that the grower price for the 2005-06 season could range between $1.23 and $7.18 per 4/5 bushel of oranges, grapefruit, tangerines, and tangelos. Therefore, the estimated assessment revenue for the 2005-06 fiscal period as a percentage of total grower revenue could range between .11 and .65 percent. This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived by the operation of the marketing order. In addition, the Committee's meeting was widely publicized throughout the Florida citrus industry and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the December 16, 2005 meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit information on the regulatory and informational impacts of this action on small businesses. This action imposes no additional reporting or recordkeeping requirements on either small or large Florida citrus 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. 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 Committee and other available information, it is hereby found that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:

(1)The 2005-06 fiscal period began August 1, 2005, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable Florida citrus handled during such fiscal period;

(2)the Committee needs to have sufficient funds to pay its expenses which are incurred on a continuous basis;

(3)handlers are aware of this action which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years; and

(4)this interim final rule provides a 60-day comment period, and all comments timely received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 905 Grapefruit, Oranges, Tangelos, Tangerines, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 905 is amended as follows: PART 905—ORANGES, GRAPEFRUIT, TANGERINES, AND TANGELOS GROWN IN FLORIDA 1. The authority citation for 7 CFR part 905 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 905.235 is revised to read as follows: § 905.235 Assessment rate. On and after August 1, 2005, an assessment rate of $0.008 per 4/5 bushel carton or equivalent is established for Florida citrus covered under the order. Dated: January 27, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06-947 Filed 1-30-06; 9:06 am]

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