Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 50153 

area and 50 walnut handlers subject to 

regulation under the marketing order. 

Small agricultural service firms are 

defined as those whose annual receipts 

are less than $6,000,000 and small 

agricultural producers have been 

defined by the Small Business 

Administration as those having annual 

receipts less than $750,000 (13 CFR 

121.201). 

Industry information from the Walnut 

Marketing Board indicates that 36 of the 

50 walnut handlers, or 72%, shipped 

less than $6,000,000 worth of walnuts 

and could be considered small 

businesses by the Small Business 

Administration. In addition, only an 

estimated 60 producers, or 1.2%, have 

annual receipts in excess of $750,000. 

Based on the foregoing, the majority of 

walnut producers and handlers 

regulated under the marketing order 

may be classified as small entities. 

This rule suspends provisions of the 

walnut marketing order (order) 

pertaining to eligibility of members to 

serve on the Walnut Marketing Board 

(Board). The order regulates the 

handling of walnuts grown in 

California, and the Board is responsible 

for local administration of the order. 

Specifically, this action suspends 

§ 984.38 of the order entitled 

‘‘Eligibility’’. 

Due to structural changes in the 

industry, the order provisions regarding 

Board composition no longer accurately 

reflect the industry composition. If the 

eligibility requirements are not 

suspended, four of the Board members 

that represented the cooperative become 

ineligible to serve on the Board. 

However, these members continue to 

represent a significant portion of the 

industry. Suspending the order 

provision regarding eligibility of Board 

members allows a complete Board to 

remain in place. This action will enable 

a Board that still represents the walnut 

industry to continue to administer the 

order without disruption while the 

order is being amended to reflect 

changes in the industry structure. The 

Board unanimously recommended 

suspending order language by mail 

balloting in early July, 2005. 

Alternatives to this action were 

considered. One alternative was to 

remove the former cooperative members 

from the Board, which would result in 

a 6-member Board. This was not 

considered a preferred option because it 

would limit the size of the Board. 

This rule suspends order language 

pertaining to membership eligibility on 

the Walnut Marketing Board. 

Accordingly, this action does not 

impose any additional reporting or 

recordkeeping requirements, or any 

other costs, on either small or large 

walnut handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. Finally, interested persons are 

invited to submit information on the 

regulatory and informational impacts of 

this action on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at the following Web site: 

http://www.ams.usda.gov/fv/moab.html. 

Any questions about the compliance 

guide should be sent to Jay Guerber at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

This rule invites comments on 

suspending order provisions regarding 

eligibility of Board members under the 

California walnut marketing order. Any 

comments received will be considered 

prior to finalization of this rule. 

After consideration of all relevant 

material presented, including the 

Board’s recommendation, and other 

information, it is found that the order 

language being suspended, as 

hereinafter set forth, no longer tends to 

effectuate the declared policy of the Act. 

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 Board unanimously 

recommended these changes; (2) these 

changes are needed to allow a 

representative Board to remain in place 

to administer the order; and (3) this rule 

provides a 60-day comment period and 

any comments timely received will be 

considered prior to finalization of this 

rule. 

List of Subjects in 7 CFR Part 984 

Walnuts, Marketing agreements, Nuts, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 984 is amended as 

follows: 

PART 984—WALNUTS GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 984 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In part 984, § 984.38 is suspended 

indefinitely. 

Dated: August 23, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–17055 Filed 8–23–05; 4:46 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 993 and 999 

[Docket No. FV05–993–2 FIR] 

Dried Prunes Produced in California; 

Suspension of Handling and Reporting 

Requirements, Extension of the 

Suspension of Outgoing Inspection 

and Volume Control Regulations, and 

Extension of the Suspension of the 

Prune Import Regulation 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule; affirmation of interim 

rule as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule suspending indefinitely all 

remaining handling and most reporting 

requirements under Marketing Order 

No. 993. The marketing order regulates 

the handling of dried prunes produced 

in California and is administered locally 

by the Prune Marketing Committee 

(committee). The interim final rule 

being adopted by this action also 

indefinitely extends the suspensions of 

the outgoing inspection and prune 

import regulations and volume control 

regulations, currently temporarily 

suspended until August 1, 2006, and 

August 1, 2008, respectively. The 

interim final rule was effective August 

1, 2005. 

DATES: Effective September 26, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, California Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

telephone: (559) 487–5901, Fax: (559) 

487–5906; or Kathy Finn, Formal 

Rulemaking Team Leader, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; telephone: 

(202) 720–2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

50154 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing agreement 

and Order No. 993, both as amended (7 

CFR part 993), regulating the handling 

of dried prunes produced in California, 

hereinafter referred to as the ‘‘order.’’ 

The marketing agreement and order are 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have a 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. 

SUMMARY: This rule adopts the 

suspension of the handling and 

reporting requirements under the 

marketing order and the prune import 

regulation, beginning with the 2005– 

2006 crop year, and continuing 

indefinitely. The provisions could either 

be reactivated or terminated. The 2005– 

2006 crop year begins on August 1, 

2005. This action also adopts the 

extension of the current temporary 

suspensions of the outgoing inspection 

and the volume control regulations. 

This rule was unanimously 

recommended by the committee at a 

meeting on March 15, 2005. 

Marketing Order Authority for 

Suspension 

Section 993.90(a) of the prune 

marketing order provides, in part, that 

the Secretary ‘‘shall terminate or 

suspend the operations of any or all of 

the provisions of the subpart, whenever 

he finds that such provisions do not 

tend to effectuate the declared policy of 

the ‘‘Act.’’ Information from the 

committee, or other sources, may be 

used by the Secretary in making the 

determination. 

Being cognizant that some growers 

and packers believe the marketing order 

has become overly complex and 

restrictive in today’s more 

technologically-advanced, global 

market, the committee has held task 

force meetings over the last two years to 

solicit input from the industry on 

amending the order. However, little 

progress has resulted from those 

meetings concerning the best method to 

streamline the existing order and update 

it to reflect modern packing methods 

and marketing strategies. Thus, at its 

meeting on March 15, 2005, the 

committee voted unanimously to 

recommend to USDA that the handling 

and reporting requirements, including 

the currently-suspended outgoing 

inspection and volume-control 

regulations, be suspended indefinitely. 

Because the committee would need to 

obtain information on the tonnage 

received by each handler to properly 

allocate committee member and 

alternate positions, and to assess 

handlers for their prorate share of 

expenses, the committee has arranged 

with the California Department of Food 

and Agriculture and the California Dried 

Plum Board (CDPB) to receive such 

information as needed from CDPB for 

this purpose. 

On April 16, 2004, the committee 

approved a motion to submit a request 

to USDA no later than January 15, 2005, 

to suspend the marketing order for one 

year, effective August 1, 2005, through 

July 31, 2006. At that time, the 

committee believed that the lead time 

provided by this recommended 

suspension permits the industry to 

consider what portions of the 

suspended Federal marketing order 

should be added to the California State 

marketing order for dried plums. 

In accordance with the committee’s 

April 16, 2004, resolution, on December 

8, 2004, it recommended to USDA that 

the marketing order be suspended for 

one crop year, beginning August 1, 

2005, and requested that the current 

committee members to be appointed as 

trustees during the suspension period. 

On February 23, 2005, the Executive 

Committee reconsidered their 

recommendation to suspend the entire 

order and have the current members 

named as trustees. The Executive 

Committee made a subsequent 

recommendation to committee to 

rescind the December 8, 2004, 

recommendation. The Executive 

Committee then recommended the 

handling and reporting requirements be 

suspended indefinitely, and forwarded 

that revised recommendation to the full 

committee, as well. The revised 

recommendation also included 

extending the temporary suspensions of 

outgoing inspection and volume control 

regulations, which would have ended 

on August 1 of 2006 and 2008, 

respectively. As stated earlier, on March 

15, 2005, the committee revised its 

recommendation accordingly. 

Prune Import Regulations 

Section 8e of the Act provides that 

when certain domestically-produced 

commodities, including prunes, are 

regulated under a Federal marketing 

order, imports of that commodity must 

meet the same or comparable grade, 

size, quality, and maturity requirements. 

Since this rule indefinitely suspends the 

handling regulations, including grade, 

size, and quality requirements, these 

requirements will continue to be 

suspended in the import regulations. 

Currently, the prune import regulations 

are suspended through July 31, 2006. 

U.S. imports of dried prunes are 

insignificant compared to U.S. 

production. In 2002, while the U.S. 

produced 158,000 tons of dried prunes, 

only 616 tons were imported. In that 

year, the domestically-produced 

tonnage was over 250 times larger than 

the imported tonnage. 

In recent years, as volumes of 

domestically-produced prunes have 

fluctuated imports have also fluctuated, 

but imported prunes continue to 

represent a very small portion of the 

available prune products in the U.S. 

market. 

Argentina, Chile, France, Mexico, 

Iran, and Turkey export prunes to the 

United States, with Argentina 

accounting for approximately 90 percent 

of all U.S. imports. 

Handling Requirements 

Under the order, §§ 993.48 through 

993.59, and §§ 993.62 authorized 

requirements upon handlers to meet 

grade and size requirements, obtain both 

incoming and outgoing inspection, label 

prunes appropriately, and hold a 

portion of the crop in reserve. The 

order’s rules and regulations establish 

similar requirements. 

Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 50155 

Currently the provisions for outgoing 

inspections and reserve disposition are 

suspended in both the order and the 

order’s rules and regulations until 

August 1, 2006, and August 1, 2008, 

respectively. This rule suspends 

indefinitely all the remaining handling 

requirements. 

Reporting Requirements 

Under §§ 993.71 through 993.75, the 

order also includes authority to require 

that handlers file reports with the 

committee on acquisitions, accountings, 

holdings, uses, sales, and shipments of 

prunes. The order’s rules and 

regulations include similar 

requirements, except that some of these 

provisions are currently suspended, as 

they relate to volume control 

requirements. 

This action suspends indefinitely 

those requirements, along with other 

handling requirements and the reporting 

requirements. 

As stated previously, the committee 

would enter into an agreement with the 

CDPB to collect information necessary 

for allocating committee member and 

alternate member positions and for 

continuing assessments on a limited 

basis. 

A Listing of Marketing Order 

Provisions To Be Suspended 

As noted, handling and reporting 

requirements will be suspended 

indefinitely. Included are provisions in 

the order regarding outgoing inspection 

and volume control regulations, which 

are currently temporarily suspended 

until August 1, 2006, and August 1, 

2008, respectively. 

In a conforming action, the provisions 

related to marketing policy are 

suspended, as well. Under the order the 

committee is required to establish a 

marketing policy annually if handling 

requirements are recommended. If no 

handling regulations are recommended 

due to suspension, no marketing policy 

statement is required. 

Certain provisions and parts of certain 

provisions are currently suspended 

until a specified time. This rule will 

indefinitely suspend those provisions or 

parts of certain provisions, as well as 

additional provisions. The following list 

of provisions or parts of provisions 

being suspended are listed below 

chronologically and notations are made 

to clarify which provisions or parts of 

provisions are currently suspended. 

Section 993.21d Reserve prunes 

(currently suspended through 2008) 

Section 993.33 Voting procedure 

(partially suspended through 2008) 

Section 993.36(i) Duties (currently 

suspended through 2008) 

Section 993.41 Marketing policy 

Section 993.48 Regulation 

Section 993.49 Incoming regulation 

Section 993.50 Outgoing regulation 

(partially suspended through 2006) 

Section 993.51 Inspection and 

certification (partially suspended 

through 2006) 

Section 993.52 Modification 

Section 993.53 Above parity 

situations 

Section 993.54 Establishment of 

salable and reserve percentages 

(currently suspended through 2008) 

Section 993.55 Application of 

salable and reserve percentages after 

end of crop year (currently suspended 

through 2008) 

Section 993.56 Reserve obligation 

(currently suspended through 2008) 

Section 993.57 Holding requirement 

and delivery (currently suspended 

through 2008) 

Section 993.58 Deferment of time for 

withholding (currently suspended 

through 2008) 

Section 993.59 Payment to handlers 

for services (currently suspended 

through 2008) 

Section 993.62 Diversion privileges 

(currently suspended through 2008) 

Section 993.65 Disposition of 

reserve prunes (currently suspended 

through 2008) 

Section 993.72 Reports of 

acquisitions, sales, uses, and shipments 

Section 993.73 Other reports 

Section 993.74 Records 

Section 993.75 Verification of 

reports 

Section 993.97 Exhibit A; minimum 

standards (partially suspended through 

2006) 

Section 993.104 Lot 

Section 993.105 Size count 

Section 993.106 In-line inspection 

Section 993.107 Floor inspection 

Section 993.108 Non-human 

consumption outlet 

Section 993.149 Receiving of prunes 

by handlers 

Section 993.150 Disposition of 

prunes by handlers (partially suspended 

through 2006) 

Section 993.156 Application of 

reserve percentage (currently suspended 

through 2008) 

Section 993.157 Holding and 

delivery of reserve prunes (currently 

suspended through 2008) 

Section 993.158 Deferment of 

reserve withholding (currently 

suspended through 2008) 

Section 993.159 Payments for 

services performed with respect to 

reserve tonnage prunes (currently 

suspended through 2008) 

Section 993.162 Voluntary prune 

plum diversion (currently suspended 

through 2008) 

Section 993.165 Disposition of 

reserve prunes (currently suspended 

through 2008) 

Section 993.172 Reports of holdings, 

receipts, uses, and shipments (partially 

suspended through 2008) 

Section 993.173 Reports of 

accounting (partially suspended through 

2008) 

Section 993.174 Records 

Section 993.400 Modifications 

Section 993.409 Undersized prune 

regulation for the 2002–03 crop year 

Section 993.501 Consumer package 

of prunes 

Section 993.503 Size category 

Section 993.504 In-line inspection 

Section 993.505 Floor inspection 

Section 993.506 Lot 

Section 993.515 Size categories 

(currently suspended through 2006) 

Section 993.516 Tolerance and 

limitations (currently suspended 

through 2006) 

Section 993.517 Identification 

(currently suspended through 2006) 

Section 993.518 Compliance 

(currently suspended through 2006) 

Section 993.601 More restrictive 

grade regulation (partially suspended 

through 2006) 

Section 993.602 Maximum 

tolerances 

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 rule on small entities. Accordingly, 

AMS has prepared this final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 1,100 

producers of dried prunes in the 

production area and approximately 22 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $6,000,000. 

An industry profile shows that 8 out 

of 21 handlers (38 percent) shipped over 

$6,000,000 worth of dried prunes in 

50156 Federal Register / Vol. 70, No. 165 / Friday, August 26, 2005 / Rules and Regulations 

2003 and could be considered large 

handlers by the Small Business 

Administration. Thirteen of the 21 

handlers (62 percent) shipped under 

$6,000,000 worth of prunes and could 

be considered small handlers. An 

estimated 32 producers, or less than 3 

percent of the 1,100 total producers, 

would be considered large growers with 

annual incomes over $750,000. The 

majority of handlers and producers of 

California dried prunes may be 

classified as small entities. 

In addition, there are an estimated 30 

importers, and one third-party entity 

that performs inspections under the 

order. USDA does not have precise 

information on these entities, but 

believes that the majority of the 

importers and the third-party inspection 

agency are small entities. 

As recommended by the Committee, 

this rule indefinitely suspends handling 

and reporting requirements under the 

marketing order, including extending 

the temporary suspensions of outgoing 

inspection requirements and reporting 

regulations and the import regulations. 

Impact of the Regulation 

This action reduces the reporting and 

recordkeeping requirements for 

California prune handlers and 

importers; and reduces the committee’s, 

prune handlers’, and prune importers’ 

associated administrative costs. This 

action also reduces the number of 

inspections performed by the inspection 

agency for both handlers and importers. 

The benefits of this final rule are 

expected to accrue to all prune handlers 

and importers regardless of their size. 

Alternatives Considered 

The deliberations about suspension of 

the marketing order for one year began 

at meetings held on April 3 and May 1, 

2003, and continued to the present. In 

April 2004, the committee believed that 

such a suspension provides the industry 

with an opportunity to operate without 

regulation. For some members, a 

suspension was preferable to 

termination. 

At the December 8, 2004, meeting, the 

committee discussed the impact of and 

alternatives to suspending the entire 

marketing order, and at the February 23, 

2005, Executive Committee meeting, the 

members and industry representatives 

discussed the impact of and alternatives 

to suspending handling and reporting 

requirements, including extending the 

current suspensions of outgoing 

inspection requirements and reporting 

regulations. 

At the March 15, 2005, committee 

meeting, the members received the 

recommendations of the Executive 

Committee and, being in unanimous 

accord, voted to rescind their previous 

recommendation to suspend the entire 

order in favor of recommending that the 

handling and reporting requirements be 

suspended indefinitely, including the 

currently-suspended outgoing 

inspection and volume control 

regulations. 

The suspension permits the industry 

to operate for an indefinite period of 

time without most order requirements. 

This will allow growers and handlers 

time to consider which provisions in the 

marketing order might continue to meet 

their future needs. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

California dried prune handlers. On the 

contrary, this action will remove 

reporting requirements on all prune 

handlers indefinitely. 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. 

The Department has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

final rule. 

In addition, the committee’s meetings 

were widely publicized throughout the 

prune industry and all interested 

persons were invited to attend the 

meeting and participate in committee 

deliberations on all issues at any 

meeting in the last two years, including 

task force meetings. Like all committee 

meetings, the April 16 and December 8, 

2004, meetings; and the February 23 and 

March 15, 2005, meetings were public 

meetings; and all entities, both large and 

small, were encouraged to express views 

on this issue. The committee itself is 

composed of twenty-two members. 

Seven are handlers, fourteen are 

producers, and one is a public member. 

Moreover, the committee, its Executive 

Committee, and the marketing order 

task force, provide broad industry 

representation. Thus, this rule reflects 

their considerable deliberations and 

determinations. Finally, interested 

persons were invited to submit 

information on the regulatory and 

informational impacts of this action on 

small business. 

Further, the Committee’s meeting was 

widely publicized throughout the Prune 

industry and all interested persons were 

invited to attend the meeting and 

participate in Committee deliberations. 

Like all Committee meetings, the March 

15, 2005, meeting was a public meeting 

and all entities, both large and small, 

were able to express their views on this 

issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on May 27, 2005. Copies of the 

rule were mailed by the Committee staff 

to all Committee members and Prune 

handlers. In addition, the rule was made 

available through the Internet by USDA 

and the Office of the Federal Register. 

That rule provided for a 60-day 

comment period which ended July 26, 

2005. No comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: 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. 

The U.S. Trade Representative has 

reviewed this final rule and concurs 

with its issuance. 

After consideration of all relevant 

material presented, including the 

committee’s recommendation, and other 

information, it is found that finalizing 

the interim final rule, without change, 

as published in the Federal Register (70 

FR 30610, May 27, 2005) will tend to 

effectuate the declared policy of the Act. 

List of Subjects 

7 CFR Part 993 

Marketing agreements, Plums, Prunes, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 999 

Dates, Filberts, Food grades and 

standards, Imports, Nuts, Plums, 

Prunes, Raisins, Reporting and 

recording keeping requirements, 

Walnuts. 

■ Accordingly, the interim final rule 

amending 7 CFR Part 993 and 999 

which was published at 70 FR 30610 on 

May 27, 2005, is adopted as a final rule 

without change. 

Dated: August 22, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–16996 Filed 8–25–05; 8:45 am] 

BILLING CODE 3410–02–P