Unknown. Final rule

5,130 words·~23 min read·/register/2006/02/24/06-1717·

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-02-24.xml --- 71 37 Friday, February 24, 2006 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities; proposals, submissions, and approvals, 9556-9558 06-1716 Meetings: Patient safety and quality of health care delivery; improvement, 9558 06-1725 AID Agency for International Development NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-1723 06-1724 9513-9514 06-1726 Agricultural Agricultural Marketing Service RULES Milk marketing orders:

Pacific Northwest and Arizona-Las Vegas, 9430-9434 06-1587 Potatoes (Irish) grown in Colorado, 9427-9430 06-1717 NOTICES Grade standards: Peppers (other than sweet peppers), 9514 E6-2652 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Business-Cooperative Service Air Force Air Force Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Conceptual MindWorks, Inc., 9528 E6-2650 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:

Charleston Area Medical Center, Inc., 9598-9606 06-1696 Army Army Department See Engineers Corps NOTICES Environmental statements; availability, etc.: Fort Indiantown Gap, PA; National Guard Training Center; brigade transformation, 9528-9529 06-1697 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 9558-9559 06-1779 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Medicare secondary payer provisions; amendments, 9466-9471 06-1712 Physician fee schedule (2006 CY); payment policies and relative value units; correction, 9458-9466 06-1711 PROPOSED RULES Medicare: Inpatient psychiatric facilities prospective payment system; (2007 RY) payment rates; update Correction, 9505-9507 E6-2607 NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-1767 9559-9561 06-1768 06-1769 Committees; establishment, renewal, termination, etc.:

Medicare Education Advisory Panel, 9561-9562 06-1648 Medicaid: State plan amendments; reconsideration; hearings— Iowa, 9565-9567 06-1647 Medicaid and Medicare: Designated organ procurement service area; hospital waiver request, 9562-9563 06-1646 National accreditation organizations; approval— Accreditation Commission for Healthcare, 9564-9565 06-1650 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 06-1699 9567-9568 06-1701 06-1702 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration 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, 9516-9518 E6-2637 E6-2638 E6-2671 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act:

Commodity trading advisor; client definition, 9442-9446 06-1745 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, E6-2593 9525-9526 E6-2656 National Senior Service Corps; income eligibility levels, 9526-9528 E6-2595 Defense Defense Department See Air Force Department See Army Department See Engineers Corps RULES Organizational charters: Under Secretary of Defense for Personnel and Readiness;

CFR part removed, 9452 06-1731 Personnel, military and civilian: Court orders; compliance of DoD members, employees, and family members outside United States; CFR part removed, 9451-9452 06-1730 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* JFC Technologies, LLC, 9606 E6-2645 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Miami-Dade County, FL;

Everglades National Park Seepage Management Project, 9529 06-1727 EPA Environmental Protection Agency RULES Air pollution; standards of performance for new stationary sources: Stationary gas turbines; performance standards, 9453-9458 06-1743 PROPOSED RULES Air pollution; standards of performance for new stationary sources: Stationary gas turbines; performance standards, 9504-9505 06-1742 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9539-9540 E6-2660 Environmental statements; availability, etc.:

Agency comment availability, 9540-9541 E6-2661 Agency weekly receipts, 9541-9542 E6-2662 Pesticide programs: Settlement agreements— Atrazine; 21 identified endangered or threatened species or their designated critical habitat; effects determinations, 9542-9543 06-1744 Privacy Act; systems of records, 9543-9547 06-1738 06-1739 Reports and guidance documents; availability, etc.: Indian General Assistance Program 2006 grants administration guidance, 9547-9554 06-1729 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.:

Grand Canyon National Park, AZ; special flight rules in vicinity— Special flight rules area and flight free zones; modification of dimensions, 9439-9441 06-1759 Airworthiness directives: Empresa Brasileira de Aeronautica, S.A. (EMBRAER), 9434-9436 06-1409 Gulfstream, 9436-9439 06-1595 PROPOSED RULES Airworthiness directives: Engine Components Inc., 9480-9487 E6-2651 Federal Energy Federal Energy Regulatory Commission RULES Standards of conduct: Nuclear power plants; transmission system safety and reliability; transmission providers’ communications; interpretive order, 9446-9448 06-1654 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9529-9530 E6-2624 Electric rate and corporate regulation combined filings, 9536-9537 E6-2628 Environmental statements; notice of intent:

Southern Star Central Gas Pipeline, Inc, 9537-9539 E6-2622 Off-the-record communications, 9539 E6-2620 *Applications, hearings, determinations, etc.:* AGL Resources Inc., 9530-9531 E6-2625 Banning, CA, 9531 E6-2616 Electric Quarterly Reports et al., 9531-9532 E6-2654 Enbridge Pipelines (Midla) L.L.C., 9532-9533 E6-2619 Pacific Gas & Electric Co., 9533 E6-2617 Public Utility District No. 1 of Chelan County, WA, 9533-9534 E6-2618 Southern Natural Gas Co., 9534 E6-2621 Tennessee Gas Pipeline Co., E6-2615 9534-9535 E6-2627 United Illuminating Co., 9535 E6-2623 Venice Gathering System, L.L.C., 9535-9536 E6-2626 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;

Sunshine Act, 9609 06-1782 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 9554-9555 E6-2640 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9588-9589 E6-2681 Endangered and threatened species permit determinations, etc., 9589-9590 E6-2648 Food Food and Drug Administration RULES Color additives: Tomato lycopene extract and tomato lycopene concentrate, 9448-9449 06-1710 NOTICES Memorandums of understanding:

FDA and General Services Administration; mercury-contaminated laboratory waste plumbing system removal and scheduled hazmat removal and demolition work, 9568-9585 06-1746 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Hawaii, 9518 E6-2672 Illinois Maytag Corp. facility, 9518-9519 E6-2670 Puerto Rico IPR Pharmaceuticals, Inc. facility, 9519 E6-2669 Forest Forest Service NOTICES Environmental statements; notice of intent:

Black Hills National Forest, WY, 9515-9516 06-1692 Meetings: Resource Advisory Committees— Glenn/Colusa County, 9516 06-1735 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration NOTICES Meetings: Medicaid Commission, 9555 E6-2608 Scientific misconduct findings; administrative actions:

Kornak, Paul H., 9555-9556 E6-2667 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9586 E6-2666 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 9586-9588 E6-2596 E6-2597 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 9646-9673 06-1641 Low income housing:

Difficult development areas and qualified census tracts; statutorily mandated designation for tax credit; supplemental designation, 9676-9689 06-1708 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Poarch Band of Creek Indians, TN, 9590-9592 06-1771 Industry Industry and Security Bureau RULES Export administration regulations: Syria Accountability and Lebanese Sovereignty Act; implementation, 9441-9442 06-1709 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Procedure and administration:

Tax returns or return information; authorized recipient failure to safeguard determination; administrative review procedures, 9449-9451 06-1713 PROPOSED RULES Procedure and administration: Tax returns or return information; authorized recipient failure to safeguard determination; administrative review procedures; cross-reference, 9487-9488 06-1714 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9637-9642 E6-2598 E6-2604 E6-2605 Meetings:

Taxpayer Advocacy Panels, 9642 E6-2606 International International Trade Administration NOTICES Antidumping: Tapered roller bearings and parts, finished and unfinished, from— China, 9521-9522 E6-2674 Uranium from— Russian Federation, 9522 E6-2677 Antidumping and countervailing duties: Administrative review requests, 9519-9520 E6-2676 Ukraine; non-market economy country status, 9520-9521 E6-2673 International International Trade Commission NOTICES Meetings; Sunshine Act, 9594-9595 06-1814 06-1815 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Prisons Bureau NOTICES Grants and cooperative agreements; availability, etc.:

Immigration related employment discrimination public education programs, 9595-9598 06-1736 Pollution control; consent judgments: Imperial Home Decor Group, Inc., et al., 9598 06-1700 Ryder System, Inc., 9598 06-1698 Labor Labor Department See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9606-9607 E6-2665 E6-2668 Land Land Management Bureau NOTICES Alaska Native claims selection: Deloy Ges Inc., 9593 E6-2612 Coal leases, exploration licenses, etc.:

North Dakota, 9593 E6-2613 Meetings: Resource Advisory Councils— Boise District, 9593-9594 E6-2649 Resource management plans, etc.: Medicine Lodge Resource Area, ID; land use plan, 9594 E6-2611 Mine Mine Safety and Health Federal Review Commission See Federal Mine Safety and Health Review Commission National Archives National Archives and Records Administration PROPOSED RULES Official seals: NARA seals and logos and their use, 9503-9504 06-1766 NOTICES Presidential records; management and custody:

Clinton Administration electronic backup tapes; proposed disposal, 9609-9611 E6-2641 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 9479 06-1749 Pacific cod, 9476-9479 06-1750 06-1752 06-1754 Rock sole, flathead sole, and other flatfish, 9478 06-1751 Northeastern United States fisheries— Atlantic bluefish, 9471-9475 06-1691 Yellowtail flounder, 9475-9476 06-1753 PROPOSED RULES Fishery conservation and management:

Atlantic highly migratory species— Atlantic bluefin tuna, 9507-9512 06-1715 NOTICES Meetings: Western Pacific Fishery Management Council, 9522-9524 E6-2720 Scientific research permit determinations, etc., 9524-9525 E6-2675 National Park National Park Service PROPOSED RULES Special regulations: Gateway National Recreation Area, NJ and NY— Jamaica Bay Unit; personal watercraft use, 9495-9502 E6-2643 Sandy Hook Unit; personal watercraft use, 9488-9495 E6-2647 National Science National Science Foundation NOTICES Meetings:

Astronomy and Astrophysics Advisory Committee, 9611 06-1705 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 9611-9612 E6-2664 Reports and guidance documents; availability, etc.: Spent fuel transportation package response to the Caldecott Tunnel fire scenario, 9612-9613 E6-2663 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9607-9608 06-1747 Postal Postal Rate Commission NOTICES Practice and procedure:

Postal Service mail processing and transportation network; realignment, 9613-9614 06-1706 Postal Postal Service RULES Domestic Mail Manual: Bundles of flat-size and irregular parcel mail; bundle integrity, 9452-9453 06-1703 Presidential Presidential Documents PROCLAMATIONS Trade: Generalized System of Preferences duty-free treatment, modification (Proc. 7981), 9425-9426 06-1798 Prisons Prisons Bureau NOTICES Privacy Act; systems of records, 9606 E6-2678 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.:

Value-Added Producer Grants; correction, 9516 E6-2659 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 9614-9629 E6-2642 E6-2644 New York Stock Exchange, Inc., 9629-9630 E6-2610 SBA Small Business Administration NOTICES Small business size standards: Nonmanufacturer rule; waivers— Forklifts manufacturing, 9630-9631 E6-2653 Furniture, 9631 E6-2657 Petroleum products, 9632 E6-2658 Surety Bond Guarantee Program; participating surety companies; fee increase; correction, 9632-9633 E6-2679 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Ameren Energy Generating Co., 9633-9637 E6-2655 Union Pacific Railroad Co., 9633 06-1598 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 9642-9643 E6-2581 Separate Parts In This Issue Part II Housing and Urban Development Department, 9646-9673 06-1641 Part III Housing and Urban Development Department, 9676-9689 06-1708 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 37 Friday, February 24, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 948 [Docket No. FV05-948-1 FRA] Irish Potatoes Grown in Colorado; Relaxation of Handling Regulation for Area No. 2 AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule relaxes the minimum grade requirement for certain potatoes handled under the Colorado potato marketing order, Area No. 2. The Colorado Potato Administrative Committee, Area No. 2 (Committee), the agency responsible for local administration of the marketing order, recommended this rule. This rule changes the minimum grade from U.S. No. 1 to U.S. Commercial for varieties of long, red-skinned, yellow fleshed potatoes produced in Area No. 2 measuring from 1 1/2 -inch minimum diameter to 2 1/4 -inch maximum diameter (size B), and from 1-inch minimum diameter to 1 3/4 -inch maximum diameter.

The change is intended to provide potato handlers with more marketing flexibility, growers with increased returns, and consumers with a greater supply of small specialty potatoes. EFFECTIVE DATE: This final rule becomes effective February 27, 2006. FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone:

(503)326-2724, Fax:

(503)326-7440; 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 final rule is issued under Marketing Agreement No. 97 and Marketing Order No. 948, both as amended (7 CFR part 948), regulating the handling of Irish potatoes grown in Colorado, 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 final 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 final rule relaxes the minimum grade requirement from U.S. No. 1 to U.S. Commercial for all varieties of long, red-skinned, yellow fleshed potatoes produced in Colorado Area No. 2 measuring from 1 1/2 -inch minimum diameter to 2 1/4 -inch maximum diameter (size B), and from 1-inch minimum diameter to 1 3/4 -inch maximum diameter. This change was recommended by the Committee on October 20, 2005, with 12 members in favor and one opposed. The member voting against the change felt that the minimum grade for all small potatoes should continue to be U.S. No. 1. This member is opposed to having grading exceptions for any variety of potato. The Committee believes that this change will facilitate the marketing of Area No. 2 Colorado potatoes and improve grower returns. Section 948.22 authorizes the issuance of grade, size, quality, maturity, pack, and container regulations for potatoes grown in the production area. Section 948.21 further authorizes the modification, suspension, or termination of regulations issued pursuant to § 948.22. Section 948.40 provides that whenever the handling of potatoes is regulated pursuant to §§ 948.20 through 948.24, such potatoes must be inspected by the Federal-State Inspection Service, and certified as meeting the applicable requirements of such regulations. Grade regulations specific to the handling of potatoes grown in Area No. 2 are contained in § 948.386 of the order's handling regulations. Section 948.4 of the order defines the counties included in Area No. 2, which is commonly known as the San Luis Valley. The State of Colorado is divided into three areas for marketing order purposes. Currently, only Area No. 2 and Area No. 3 are active. The Committee's initial recommendation, made on August 19, 2004, was to relax the minimum grade requirement from U.S. No. 1 to U.S. Commercial for all Colorado Area No. 2 potato varieties measuring from 1 1/2 -inch minimum diameter to 2 1/4 -inch maximum diameter (size B), and from 1-inch minimum diameter to 1 3/4 -inch maximum diameter. This change was recommended by the Committee with nine members in favor and four opposed. The members voting against the change believed that the minimum grade for all small potatoes should continue to be U.S. No. 1. This initial recommendation led to a proposed rule being published in the **Federal Register** on May 6, 2005 (70 FR 23942), with comments being invited until July 5, 2005. The comment period was reopened until September 12, 2005, in a document published on August 22, 2005 (70 FR 48903), for the purpose of receiving additional input. Five comments were received during the reopened comment period. All of these comments opposed the relaxation of the grade requirement because of the potentially negative impact on the quality of imported round, red-skinned varieties of potatoes. Under section 980.1 of the import regulations, the initially proposed grade change would have applied to all imported round, red-skinned potatoes of the same size categories during the months of October through June. All of the commenters expressed concern that lower quality imported round, red-skinned potatoes would adversely affect the domestic market. The Committee met on October 20, 2005, to consider the comments received regarding the previously issued proposed rule, as well as other information received from the Colorado potato industry. After much discussion, the Committee recommended that the rule be modified to reflect that the relaxed grade requirement would only apply to long, red-skinned, yellow fleshed potato varieties. Because this final rule is limited to all varieties of long, red-skinned, yellow fleshed potatoes, imported round, red-skinned potato varieties will not be affected. Under § 980.1, imported long type potatoes must meet the grade, size, quality, and maturity requirements of Marketing Order No. 945 (Idaho-Eastern Oregon potatoes) throughout the entire year. For many years, consumer demand for small fresh market potatoes was relatively soft in comparison to larger sizes. Size B and smaller potatoes were often discarded or fed to livestock. Grade and size regulations were developed to keep lower quality small potatoes out of the fresh market. At that time, the Committee believed that small potatoes, sold at a great discount, eroded the price for large potatoes. By requiring all small potatoes to grade U.S. No. 1 or better, the Committee believed that high quality small potatoes would not have an adverse affect on the market for larger potatoes. Recently, however, demand has increased for varieties of long, red-skinned, yellow fleshed small potatoes, which often command premium prices compared to larger size A potatoes (1 7/8 -inch and larger). With the growing demand for this type of small specialty potato, some growers and handlers are concerned that they will not be able to supply this market, because only U.S. No. 1 or better grade can be shipped under the order. Growers and handlers have had requests from their customers for long, red-skinned, yellow fleshed varieties of small potatoes that grade U.S. Commercial or better. The Committee believes that this action will help handlers in Area No. 2 meet their buyers' needs. Committee statistics show that approximately 65 percent of the entire potato crop in Area No. 2 grades U.S. No. 1 or better. However, the percentage of Size B and smaller potatoes meeting U.S. No. 1 grade is only about 50 percent. The reason for the lower percentage of smaller potatoes is because several potato defects are scored based on the percentage of surface area affected on the individual potato. For example, a cut on a large potato may not affect a large enough surface area to be a scorable defect, but the same size cut would be scorable on a smaller potato. Under such circumstances, it would be much harder for a small potato to meet the U.S. No. 1 grade than it would for a large potato. The U.S. Commercial grade allows a slightly higher percentage of total defects than the U.S. No. 1 grade. By changing the grade requirement to allow long, red-skinned, yellow fleshed potato varieties that are size B and those measuring from 1-inch minimum diameter to 1 3/4 -inch maximum diameter to meet U.S. Commercial grade or better, the Committee believes more of this type of small specialty potato would be available to meet increasing demand, and thus help increase returns to growers. Not only would more small long, red-skinned, yellow fleshed potatoes enter the market, these small specialty potatoes typically sell for a premium price in today's marketplace. The Committee believes that by allowing small long, red-skinned, yellow fleshed potatoes to meet the more relaxed U.S. Commercial grade instead of U.S. No. 1 grade, available volume for sale into the fresh market could increase by about 10 percent. Although facing an increasing demand, the market for small long, red-skinned, yellow fleshed potatoes is a minor segment of the market served by the Area No. 2 production area. As a consequence, the Committee believes that this type of small specialty potato does not compete directly with the predominant large potatoes produced in this area, and that the relaxation of the grade requirement would not adversely effect the overall Area No. 2 potato market. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility. There are approximately 88 handlers of Colorado Area No. 2 potatoes subject to regulation under the order and approximately 230 producers in the regulated production area. Small agricultural service firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $6,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. During the 2004-2005 marketing year, 17,626,974 hundredweight of Colorado Area No. 2 potatoes were inspected under the order and sold into the fresh market. Based on an estimated average f.o.b. price of $6.75 per hundredweight, the Committee estimates that 83 Area No. 2 handlers or about 94 percent had annual receipts of less than $6,000,000. In addition, based on information provided by the National Agricultural Statistics Service, the average grower price for Colorado fall potatoes for 2004 was $4.55 per hundredweight. The average annual grower revenue for the 230 Colorado Area No. 2 potato growers is therefore calculated to be approximately $348,708. In view of the foregoing, the majority of the Colorado Area No. 2 potato growers and handlers may be classified as small entities. This final rule relaxes the grade requirement implemented under the order from U.S. No. 1 grade to U.S. Commercial grade for all long, red-skinned, yellow fleshed Area No. 2 potato varieties measuring from 1 1/2 -inch minimum diameter to 2 1/4 -inch maximum diameter (size B) and from 1-inch minimum diameter to 1 3/4 -inch maximum diameter. Authority for this action is contained in §§ 948.21, 948.22, 948.40, and 948.386. Regarding the impact of this rule on affected entities, this relaxation of the grade requirement for small long, red-skinned, yellow fleshed varieties of potatoes is expected to benefit handlers and growers. Through this relaxation of the minimum grade requirement for this type of small specialty potato, a potentially greater quantity of potatoes will meet the order's handling regulations. This could translate into an increased market for small long, red-skinned, yellow fleshed potatoes and greater returns for handlers and growers. As small long, red-skinned, yellow fleshed varieties of potatoes have grown in popularity with consumers, the market demand has outpaced the quantity of these small, high quality potatoes available from Area No. 2. The Committee believes that this relaxation in the grade requirement will increase the available supply of small, long, red-skinned, yellow fleshed varieties of potatoes. These small specialty potatoes are a minor segment of the potato market served by the Area No. 2 production area. As such, the Committee believes that these small long, red-skinned, yellow fleshed potato varieties do not compete directly with most of the potatoes produced in this area and that the relaxation of the grade requirement will not adversely effect the overall Area No. 2 potato market. Based on Committee records, about half the handlers ship all of the size B and smaller potatoes grown in Area No. 2. Committee records also indicate that during the 2004-2005 fiscal period, approximately 165,000 hundredweight (less than 1 percent) of size B and smaller were inspected and shipped. The Committee estimates that the marketable supply of size B and smaller long, red-skinned, yellow fleshed potato varieties will increase approximately 10 percent and add about 16,500 hundredweight to the marketable supply. The Committee anticipates that the greater quantity of small long, red-skinned, yellow fleshed varieties of potatoes will expand Area No. 2's market share, increase the supply of potatoes available for consumers, and increase grower returns. After discussing possible alternatives to this rule and reviewing the comments received in regards to the first proposed rule (70 FR 23942, May 6, 2005; and 70 FR 48903, August 22, 2005), the Committee determined that a relaxation in the grade requirement to U.S. Commercial grade for small long, red-skinned, yellow fleshed potatoes will sufficiently meet the industry's current needs. The relaxation in the grade requirement for this type of small specialty potato will provide the greatest benefit to the industry by augmenting the developing market for these potatoes and thereby increase grower returns. The first proposal would have allowed all varieties of small potatoes produced in Area No. 2 to meet U.S. Commercial grade, including round, red-skinned potato varieties. Under the import regulations, round, red-skinned potatoes are required to meet the grade, size, quality, and maturity requirements of the Area No. 2 Colorado potato marketing order from October through June. Thus, under the first proposal, all imported round, red-skinned potatoes would have been allowed into the U.S. as U.S. Commercial grade during this period. Commenters expressed concern that such a relaxation of the grade requirement for small round, red-skinned potatoes could potentially have a negative impact on the quality of imported round, red-skinned potatoes. They were concerned that lower quality imported round, red-skinned potatoes would adversely affect the domestic market. However, this final rule will only relax the grade requirement for long, red-skinned, yellow fleshed potato varieties and, therefore, will not change the grade requirement for round, red-skinned potatoes or for any imported round, red-skinned potatoes during the months of October through June. This action will not impose any additional reporting or recordkeeping requirements on either small or large potato 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. In addition, the Committee's meetings were widely publicized throughout the Colorado potato industry and all interested persons were invited to attend the meetings and participate in Committee deliberations. Like all Committee meetings, the August 19, 2004, and the October 20, 2005, meetings were public meetings and all entities, both large and small, were able to express their views on this issue. A proposed rule concerning the Committee's amended action was published in the **Federal Register** on December 22, 2005 (70 FR 75981). Copies of the rule were mailed or sent via facsimile to all Committee members. Finally, the rule was made available through the Internet by USDA and the Office of the Federal Register. A 15-day comment period ending January 6, 2005, was provided to allow interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/fv/moab.html.* Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matter 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. It is further found that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** (5 U.S.C. 553) because handlers are already shipping potatoes from the 2005-2006 crop and handlers want to take advantage of the relaxation as soon as possible. Further, handlers are aware of this rule, which was recommended at a public meeting. In addition, this rule replaces a previously proposed rule. Affected entities were allowed to provide input during the previous comment periods and all comments were considered in the preparation of this rule. Finally, an additional 15-day comment period was provided for in the second proposed rule and no comments were received. List of Subjects in 7 CFR Part 948 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 948 is amended as follows: PART 948—IRISH POTATOES GROWN IN COLORADO 1. The authority citation for 7 CFR part 948 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 948.386, paragraphs (a)(3) and (a)(4) are revised to read as follows: § 948.386 Handling regulation.

(a)* * *

(3)*All varieties.* Size B, if U.S. No. 1 or better grade: *Provided,* That varieties of long, red-skinned, yellow fleshed potatoes shall grade U.S. Commercial or better.

(4)*All varieties.* 1-inch minimum diameter to 1 3/4 -inch maximum diameter, if U.S. No. 1 or better grade: *Provided,* That varieties of long, red- skinned, yellow fleshed potatoes shall grade U.S. Commercial or better. Dated: February 17, 2006. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. 06-1717 Filed 2-23-06; 8:45 am]

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CFR