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II Federal Register / Vol. 57. No. 11 / Thursday. January 16, 1992
THE FEDERAL REGISTER
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(not published on Saturdays, Sundays, or on official holidays),
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III
Contents
Federal Register
Vol 57. No. 11
Thursday, January 16, 1992
Agricuttural Marketing Service Committee for the Implementation of Textile Agreements
RULES NOTICES
Almonds grown in California, 1858 Cotton, wool, and man-made textiles:
Oranges and grapefruit grown in Texas, 1857 India, 1905
Raisins produced from grapes grown in California, 1859
Commodity Credit Corporation
Agricultural Stabilization and Conservation Service
PROPOSED RULES
PROPOSED RULES Loan and purchase programs:
Farm marketing quotas, acreage allotments, and production
Peanuts; price support and poundage quota programs—
adjustments:
1991-1995 crops, 1879
Peanuts, 1879
Agriculture Department Defense Department
See also Agricultural Marketing Service; Agricultural See also Air Force Department; Army Department
Stabilization and Conservation Service; Animal and NOTICES
Plant Health Inspection Service; Commodity Credit Committees; establishment, renewal, termination, etc.:
Corporation; Forest Service; Rural Development Special Operations Policy Advisory Board, 1906
Administration; Soil Conservation Service Meetings:
NOTICES Defense Policy Board Advisory Committee task forces,
Agency information collection activities under 0MB review, 1906
1893 Strategic Defense Initiative Advisory Committee, 1907
Streamlining and Codifying Acquisition Laws Advisory
Air Force Department Panel, 1907
NOTICES (2 documents)
Privacy Act: Wage Committee, 1907
Systems of records, 1907 Uniformed services treatment facilities managed care plan:
establishment, 1906
Alcohol, Drug Abuse, and Mental Health Administration
NOTICES Drug Enforcement Administration
Committees; establishment, renewal, termination, etc.:
Substance Abuse Prevention Conference Review NOTICES
Applications, hearings, determinations, etc.:
Committee, 1915
Hoffinann-La Roche Inc., 1929
Animal and Plant Health Inspection Service
NOTICES Education Department
Environmental statements; availability, etc.: NOTICES
Genetically engineered organisms; field test permits— Meetings:
Potatoes and tomatoes, 1894 Educational Excellence for Hispanic Americans,
Genetically engineered organisms for release into President’s Advisory Commission, 1911
environment; permit applications, 1893
Energy Department
Army Department
See Federal Energy Regulatory Commission; Hearings and
NOTICES Appeals Office, Energy Department
Military traffic management:
Defense transportation tracking system, 1906
Environmental Protection Agency
Coast Guard RULES
Superfund program:
PROPOSED RULES
Ports and waterways safety: National oil and hazardous substances contingency
Oil Spill Response Plan Negotiated Rulemaking plan—
Committee; meetings and membership, 1890 National priorities list update, 1872
NOTICES PROPOSED RULES
Committees; establishment, renewal, termination, etc.: Air programs:
Coastal zone area committees, 1933 Stratospheric ozone protection—
Meetings: Class I ozone-depleting substances; nonessential
National Offshore Safety Advisory Committee, 1935 products ban, 1992
Significant new alternatives policy program, 1984
Commerce Department NOTICES
See Export Administration Bureau; Foreign-Trade Zones Toxic and hazardous substances control:
Board; International Trade Administration; National Asbestos—
Oceanic and Atmospheric Administration Model contractor accreditation plan. 1913
IV Federal Register / Vol. 57, No. 11 / Thursday, January 16, 1992 / Contents
Export Administration Bureau Health and Human Services Department
NOTICES See also Alcohol, Drug Abuse, and Mental Health
Meetings: Administration: Food and Drug Administration;
President’s Export Council, 1890 National Institutes of Health
RULES
Export-Import Bank Grants:
Low-income home energy assistance program: block
NOTICES
Agency information collection activities under 0MB review, grant, 1960
1913
Hearings and Appeals Office, Energy Department
Farm Credit Administration NOTICES
Cases filed, 1911
PROPOSED RULES
Farm credit system: Decisions and orders, 1912
Nondiscrimination in lending; eligibility and scope of
Housing and Urban Development Department
financing, 1882
RULES
Federal Energy Regulatory Commission HUD assistance provisions; accountability, 1942
NOTICES
RULES Agency information collection activities under OMB review,
Electric utilities (Federal Power Act):
1920
Units of development; relicensing preferences, 1861
Grant and cooperative agreement awards;
NOTICES
State rental rehabilitation programs—
Applications, hearings, determinations, etc.:
Arkansas et al., 1921
^blic Service Co. of Colorado, 1911
Organization, functions, and authority delegations:
Federal Reserve System Regional offices, etc.; order of succession—
Atlanta, 1920
NOTICES
Meetings; Sunshine Act, 1938
Immigration and Naturalization Service
(2 documents)
RULES
Immigration:
Fish and Wildlife Service
Employment-based immigrants: petitioning procedures:
NOTICES correction, 1860
Environmental statements; availability, etc.:
Brushy Creek State Recreation Area, LA, 1924
Interior Department
Crane Meadows National Wildlife Refuge, MN, 1925
See Fish and Wildlife Service: Land Management Bureau;
Desert National Wildlife Range, NV, 1926
National Park Service
Food and Drug Administration
Internal Revenue Service
NOTICES
RULES
Food additive petitions:
Income taxes:
Ciba-Geigy Corp.; correction, 1939
Fringe benefits: taxation and exclusions from gross
Polysar Rubber Corp.; correction, 1939
income (use of company cars, etc.), 1868
Food for human consumption:
Identity standards deviation; market testing permits— International Trade Administration
Eggnog, light; correction, 1939
NOTICES
Meetings:
Antidumping:
Advisory committees, panels, etc., 1915,1916
Forged steel crankshafts from—
(2 documents)
Germany, 1897
United Kingdom, 1898
Foreign Assets Control Office
RULES International Trade Commission
Cambodian assets control regulations, 1872
NOTICES
Import investigations:
Foreign-Trade Zones Board Tuna; current issues affecting United States industry, 1928
NOTICES Meetings; Sunshine Act, 1938
Applications, hearings, determinations, etc.:
Washington, 1897 Interstate Commerce Commission
NOTICES
Forest Service Railroad services abandonment:
NOTICES Florida West Coast Railroad Co., 1928
Meetings: Michigan Shore Railroad, Inc., 1929
Grand Island Advisory Commission, 1896
Justice Department
General Services Administration See Drug Enforcement Administration; Immigration and
NOTICES Naturalization Service
Agency information collection activities under OMB review,
1914 LatKvr Department
(3 documents) See Occupational Safety and Health Administration
Federal Register / Vol. 57. No. 11 / Thursday, January 16, 1992 / Contents
Land Management Bureau Public Health Service
NOTICES’ See Alcohol, Drug Abuse, and Mental Health
Closure of public lands: Administration; Food and Drug Administration;
California, 1922 National Institutes of Health
Mineral interest applications:
Utah, 1923 Research and Special Programs Administration
Oil and gas leases: RULES
Wyoming, 1923 Hazardous materials:
Realty actions; sales, leases, etc.: Air bag inflators and modules for passive restraint
Arizona, 1923 systems, 1874
Colorado, 1923 PROPOSED RULES
Withdrawal and reservation of lands: Hazardous materials:
Wyoming, 1924 International Civil Aviation Organization’s Technical
Instructions for Safe Transportation of Dangerous
Legal Services Corporation Goods by Air; implementation, 1891
NOTICES
Grant and cooperative agreement awards: Rural Development Administration
Community Legal Aid Society, Inc., et al., 1929
NOTICES
Organization, functions, and authority delegations, 1896
National Institutes of Health
RULES Securities and Exchange Commission
Conduct of persons and traffic on NIH Federal enclave;
NOTICES
weapons possession, 1873 Self-regulatory organizations; proposed rule changes:
NOTICES New York Stock Exchange, Inc., 1932
Meetings:
Human Genome Research National Advisory Council,
Soil Conservation Service
1916
National Cancer Institute, 1916 NOTICES
Environmental statements; availability, etc.:
National Heart, Lung, and Blood Institute, 1917
Gooseneck Creek, NY, 1896
National Institute of Neurological Disorders and Stroke,
1918
State Department
National Institute on Deafness and Other
Conununications Disorders, 1917 PROPOSED RULES
International Traffic in Arms Regulations; amendments,
Research Grants Division study sections, 1918
1886,1888
National Oceanic and Atmospheric Administration (2 documents)
NOTICES
NOTICES Panama; Immigration and Nationality Act restrictions (Pres.
Fishery conservation and management:
Proc. 5829) removed, 1932
Pacific Coast coastal pelagic resources, 1899
Western Pacific bottomfish and seamount groundfish;
Textile Agreements implementation Committee
correction, 1939
See Committee for the Implementation of Textile
Marine mammals:
Agreements
Taking incidental to commercial fishing operations—
Fisheries associated with exemption procedures;
Thrift Supervision Office
revised list, 1900
Permits: NOTICES
Receiver appointments:
Endangered and threatened species, 1904
Tuskegee Savings & Loan Association, F.A., 1936
National Park Service Applications, hearings, determinations, etc.:
Bargersville Federal Savings Bank, 1936
NOTICES
Calumet Federal Savings & Loan Association of Chicago,
Meetings:
Civil War Sites Advisory Conunission, 1927 1936
Champion Federal Savings A Loan Association, 1936
Delaware Water Gap National Recreation Area Citizens
First Federal Savings Bank of Western Maryland, 1936
Advisory Commission, 1927
Highland Federal Savings Bank, 1937
Farmington River Study Commission; correction, 1927
Western Savings & Loan Association et al., 1937
Protecting Our National Parks Symposium Steering
Committee, 1927
Transportation Department
Nuclear Regulatory Commission See also Coast Guard; Research and Special Programs
Administration
NOTICES
Applications, hearings, determinations, etc.: NOTICES
Commonwealth Edison Co., 1930 Aviation proceedings:
Agreements filed; weekly receipts, 1933
Occupational Safety and Health Administration
Treasury Department
PROPOSED RULES
Rulemaking petitions: See Foreign Assets Control Office; Internal Revenue
American Federation of Labor et al.; North Carolina State Service; Thrift Supervision Office
plan withdrawal; report availability. 1889
VI Federal Register / Vol. 57. No. 11 / Thursday, January 16.1992 / Contents
Separate Parts In This Issue CFR PARTS AFFECTED IN THIS ISSUE
Part II A cumulative list of the parts affected this month can be fournj in
Department of Housing and Urban Development, 1942 the Reader Aids section at the end of this issue.
Part III 7 CFR 29 CFR
Department of Health and Human Services, 1960 906. .. 1857 Proposed Rules:
981. ..1858 1952. .1889
989... ..1859
Partly
Proposed Rides: 31 CFR
Environmental Protection Agency, 1984 729. .. 1879 500. .1872
1446. ..1879
Party 8 CFR 33 CFR
Environmental Protection Agency, 1992 103. ..I860 Proposed Rides:
204. ..I860 155.-. .1890
12 CFR 40 CFR
Reader Aids Proposed Rules: 300.. _1872
Additional information, including a list of public 613.. ..1882 Proposed Rides:
laws, telephone numbers, and Hnding aids, appears 18 CFR 82 (2 documents). .1984
in the Reader Aids section at the end of this issue. Ch. 1.-.. ...1861 45 CFR
22 CFR 3. ._..1873
Proposed Rides; 96. .1960
121 (2 documents). ,1886. 49 CFR
1688 171. .1874
24 CFR 172. _1874
12.... ... 1942 173_ _1874
26 CFR Proposed Rides:
1. ...1868 175. .189"
I
I
1857
Rules and Regulations
Federal Register
Vol. 57, No. 11
Thursday, January 16, 1992
This section of the FEDERAL REGISTER This agreement and order are Federal Register (56 FR 55981, October
contains reguiatorv oocunr^nts having effective under the Agricultural 31,1991), with an effective date of
general appiicaoiiity and legal effect, most Marketing Agreement Act of 1937, as October 24,1991, and a 30-day comment
of which are keved to and codified in amended (7 U.S.C. 601-674), hereinafter period ending December 2,1991. No
the Code of Feoeral Reguiations, which is referred to as the Act. comments were received.
published under 50 titles pursuant to 44
This rule has been reviewed by the The minimum grade and size
U.S.C. 1510.
The Cooe of Federal Regulations is sold Department of Agriculture (Department) requirements for fresh shipments of
by the Superintenoent of Documents. in accordance with Departmental oranges and grapefruit grown in Texas
Prices of new books are listed in the Regulation 1512-1 and the criteria are effective under § 906.365 (7 CFR
first FEDERAL REGISTER issue of each contained in Executive Order 12291 and 906.365).
week. has been determined to be a “non- The interim final rule temporarily
major” rule. relaxed the minimum grade requirement
I^rsuant to requirements set forth in of U.S. No. 2 for Texas oranges
DEPARTMENT OF AGRICULTURE
the Regulatory Flexibility Act (RFA), the permitting fruit to be shipped with very
Agricultural Marketing Service Administrator of the Agricultural serious damage due to thorn scratches
Marketing Service (AMS) has and scale not exceeding the acceptance
7 CFR Part 906 considered the economic impact of this numbers specified in § 51.689, and
final rule on small entities. permitting any amount of green spots,
[Docket No. FV-91-420FR] The purpose of the RFA is to fit oil spots, and discoloration. Remaining
regulatory actions to the scale of in effect unchanged by that action was
Oranges and Grapefruit Grown in business subject to such actions in order the minimum size requirement of 2%6
Lower Rio Grande Valley in Texas; that small businesses will not be unduly inches for Texas oranges.
Grade, Size, and Container Marking or disproportionately burdened. The interim final rule also temporarily
Requirements Marketing orders issued pursuant to the relaxed the minimum grade requirement
Act, and rules issued thereunder, are of U.S. No. 2 for Texas grapefruit
agency; Agricultural Marketing Service,
unique in that they are brought about permitting shipment of misshapen fioiit
USDA.
through group action of essentially small and fruit with very serious damage due
ACTION: Final rule. entities acting on their own behalf. to thorn scratches and scale which does
Thus, both statutes have small entity not exceed the acceptance numbers
summary: The Department is adopting
orientation and compatibility. specified in § 51.628 for very serious
as a final rule an interim final rule which
There are about 10 handlers subject to damage, and permitted any amount of
temporarily relaxed minimum grade and
regulation under the marketing order for green spots. In addition, the rule
size requirements and suspended
oranges and grapefruit grown in Texas, temporarily lowered the current
container marking requirements for
and about 2,000 orange and grapehoiit minimum size requirement for all Texas
oranges and grapefruit grown in Texas
producers in Texas. Small agricultural grapefruit to 3Vis inches in diameter
through February 15,1992, the projected
producers have been defined by the from 3Vis inches in diameter.
conclusion of the shipping period for this
Small Business Administration (13 CFR The interim final rule also temporarily
season. The relaxations were
121.601) as those having aimual receipts suspended the requirement that certain
unanimously recommended by the
of less than $500,000, and small containers of Texas oranges and
Texas Valley Citrus Committee
agricultiu-al service firms are defined as grapefruit be marked U.S. No. 2, as
(committee). The relaxations were
those whose annual receipts are less provided in § 906.340 (7 CFR 906.340).
based on this season’s crop and market
than $3,500,000. The majority of these The suspension was necessary because
demand conditions, and are expected to
handlers and producers may be the grade relaxation permitted a grade
help the Texas citrus industry
classified as small entities. lower than U.S. No. 2 to be shipped.
successfully market its orange and
The committee meets prior to and The committee reported that the 1991-
grapefruit crops.
during each season to review the 92 season Texas orange and grapefruit
EFFECTIVE DATE: February 18,1992. handling requirements for Texas crops would be very small, and that the
FOR FURTHER INFORMATION CONTACT: oranges and grapebiiit, which are in fruit had more skin blemishes than
Gary D. Rasmussen, Marketing effect on a continuous basis. Committee normal. The grade and size relaxations
Specialist, Marketing Order meetings are open to the public, and were designed to permit as much fruit to
Administration Branch, Fruit and interested persons may express their be shipped to the fresh market this
Vegetable Division, AMS, USDA, P.O. views at these meetings. The season as crop conditions will allow,
Box 96456, room 2525-S, Washington, Department reviews committee while providing consumers with an
DC 20090-6456: telephone: (202) 720- reconunendations and information acceptable product. The relaxations
9918. submitted by the committee and other were expected to help the Texas citrus
SUPPLEMENTARY INFORMATION: This available information to determine industry successfully market this
Hnal rule is issued under Marketing whether modiHcation, suspension, or season’s citrus crops and have a
Agreement and Marketing Order No. termination of the handling positive efrect on producer returns.
906, both as amended (7 CFR part 906), requirements would tend to effectuate The minimum grade and size
regulating the handling of oranges and the declared policy of the Act. requirements for imported oranges
grapefruit grown in the Lower Rio An interim final rule was issued specified in § 944.312 (7 CFR part 944)
Grande Valley in Texas. October 24,1991, and published in the were amended by a rule issued October
I
Federal Register / Vol. 57, No. 11 / Thursday, January 16, 1992 / Rules and Regulations
24,1991, and published in the Federal PART 906->ORANGES AND Pursuant to requirements set forth in
Register (56 FR 55983, October 31,1991). GRAPEFRUIT GROWN IN LOWER RIO the Regulatory Flexibility Act (RFA), the
That rule temporarily suspended the GRANDE VALLEY IN TEXAS Administrator of the Agricultural
minimum grade requirements for Marketing Service (AMS) has
imported oranges. The orange import 1. The authority citation for 7 CFR considered the economic impact of this
requirements are effective under section part 906 continues to read as follows: action of small entities.
8e of the Act (7 U.S.C. section 608e-l), Authority: Secs. 1-19,48 Stat. 31. as The purpose of the RFA is to fit
and based on the requirements for amended; 7 U.S.C. 601-674. regulatory actions to the scale of
Texas grown oranges specified in 2. Accordingly, the interim final rule business subject to such actions in order
§ 906.365. Any reinstatement of orange amending the provisions of § 905.306, that small businesses will not be unduly
import grade requirements would be which was published in the Federal or disproportionately burdened.
included under a separate rulemaking Register (56 FR 55981, October 31.1991), Marketing orders issued pursuant to the
action. is adopted as a final rule without Act, and rules issued thereunder, are
Texas orange and grapefruit change. unique in that they are brought about
shipments to fiesh markets in the United through group action of essentially small
Note: This section will appear in the annual
States, Canada, and Mexico are subject Code of Federal Regulations. entities acting on their own behalf.
to handling requirements effective under Thus, both statues have small entity
Dated; January 13,1992.
this mariceting order. Exempt from such orientation and compatibility.
Robert C. Keeney,
handling requirements are shipments Deputy Director, Fruit and Vegetable There are approximately 115 handlers
made: (1) Within the production area Division. of almonds who are subject to
(Cameron, Hidalgo, and Willacy regulation under the almond marketing
(FR Doc. 92-1210 Filed 1-15-92; 8:45 am)
counties in Texas); (2) in individually order and approximately 7,000
addressed gift packages aggregating not BILUNQ CODE 3410-02-M producers in the regulated area. Small
more than 500 pounds whidi are not for agricultural producers have been
resale; (3) under the 400 pound minimum 7 CFR Part 981 defined by the Small Business
quantity exemption provision, and (4) Administration [13 CFR 121.2] as those
for relief, charity, and home use. In [FV-91-463FR1 having annual receipts of less than
addition, fruit shipped to approved $500,000, and small agricultural service
processors for processing may be Handling of Alnranda Grown in firms are defined as those whose annual
exempted from the handling CaHfomia; Extension of Date for receipts are less than $3,500,000. The
requirements. Satisfying Reserve Disposition majority of handlers and producers of
This action reflects the committee’s Obligation California almonds may be classified as
and the Department’s appraisal of the small entities.
need to maintain the relaxed agency: Agricultural Marketing Service, This action relaxes restrictions on
requirements. The Department believes USDA. almond handlers and will not impose
that relaxed requirements will have a ACTION: Final rule. any additional burden or costs on
beneficial impact on producers and handlers.
handlers because it will permit 1991-92 summary: This final rule extends until
orange and grapefriiit shipments January 20,1992, the date by which The salable, reserve, and export
consistent with anticipated crop and handlers of California almonds must percentages for the 1990-91 almond crop
market conditions. The application of satisfy their 1990-91 crop year reserve were first established in a final rule
handling requirements to 'Texas oranges disposition obligation. This rule is being published in the Federal Register on
and grapefruit over the years has been issued because of a recent court action September 21,1990 [55 FR 38793], The
beneficial to the Texas citrus industry in regarding the current December 31,1991, initial salable percentage was 65
marketing its crops. disposition date. percent, the reserve percentage was 35
percent, and the export percentage was
Based on the above, the Administrator EFFECTIVE DATE: December 31,1991.
0 percent. The Boai^ based its
of the AMS has determined that this FOR FURTHER INFORMATION CONTACT: recommendations on the then current
action will not have a significant Sonia N. Jimenez, Marketing Specialist. estimates of marketable supply and
economic impact on a substantial MOAB, F&V. AMS. USDA. P.O. Box combined domestic and export trade
number of small entities. 96456, Room 2536-S, Washington, DC demand for the 1990-91 crop year.
After consideration of all relevant 20009-6456; telephone: (202) 205-2830. On December 3,1990, the Board
matter presented, the information and SUPPLEMENTARY INFORMATION: This unanimously recommended revising the
recommendations submitted by the final rule is issued under Marketing salable and reserve percentages.
committee, and other information, it is Agreement and Order No. 981 [7 CFR Subsequently, an interim final rule
found that finalizing the interim final part 981], as amended, regulating the revising the salable percentage from 65
rule, as published in the Federal Register handling of almonds grown in to 70 percent and revising the reserve
(56 FR 55981, October 31,1991), will tend California. The order is effective under percentage from 35 to 30 percent was
to effectuate the declared policy of the the Agricultural Marketing Agreement published in the Federal Register on
Act Act of 1937, as amended [7 U.S.C. 601- February 11,1991 [56 FR 5307].
List of Subjects in 7 CFR Part 906 674], hereinafter referred to as the Act At its February 21,1991, meeting the
'This final rule has been reviewed by Board unanimously recommended to
Grapefruit, Marketing agreements and
the U.S. Department of Agriculture further revise the almond salable and
orders. Oranges, Reporting and
(Department) in accordance with reserve percentages for the 1990-91 crop
recordkeeping requirements.
Departmental Regulation 1512-1 and the year from 70 to 80 percent and 30 to 20
For the reasons set forth in the criteria contained in Executive Order percent respectively. A final rule was
preamble. 7 CFR part 906 is amended as 12291 and has been determined to be a published in the Federal Renter on
follows: "non-major” nde. May 31.1991 [56 FR 24678].
I