This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

54833 

Vol. 70, No. 180 

Monday, September 19, 2005 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Docket No. FV05–922–1 FIR] 

Apricots Grown in Designated 

Counties in Washington; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule which decreased the 

assessment rate established for the 

Washington Apricot Marketing 

Committee (Committee) for the 2005– 

2006 and subsequent fiscal periods from 

$2.50 per ton to $1.00 per ton of fresh 

apricots handled. The Committee 

locally administers the marketing order 

which regulates the handling of apricots 

grown in designated counties in 

Washington. Assessments upon apricot 

handlers are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period began 

April 1 and ends March 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

EFFECTIVE DATE: October 19, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Curry, Northwest Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 

Portland, Oregon; Telephone: (503) 326– 

2724; Fax: (503) 326–7440; or George J. 

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, 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. 922 (7 CFR 922) 

regulating the handling of apricots 

grown in designated counties in 

Washington, 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.’’ 

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, handlers in designated 

counties in Washington 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 Washington 

apricots beginning April 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 continues in effect the 

action that decreased the assessment 

rate established for the Committee for 

the 2005–2006 and subsequent fiscal 

periods from $2.50 per ton to $1.00 per 

ton of fresh Washington apricots 

handled under the order. 

The 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 Washington 

apricots. 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 at a public meeting. 

Thus, all directly affected persons have 

an opportunity to participate and 

provide input. 

For the 2004–2005 and subsequent 

fiscal periods, the Committee 

recommended, and USDA approved, an 

assessment rate of $2.50 per ton of 

apricots handled. This assessment rate 

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 May 10, 2005, 

and unanimously recommended 2005– 

2006 expenditures of $10,594—the same 

as approved for the 2004–2005 fiscal 

period—and a decreased assessment 

rate of $1.00 per ton of apricots handled. 

The $1.00 assessment rate is $1.50 lower 

than the rate approved for the 2004– 

2005 and subsequent fiscal periods. 

Based on the Committee’s 2005–2006 

crop estimate of 3,800 tons, assessment 

income should approximate $3,800. The 

Committee recommended the lower 

assessment rate after taking into account 

the potential economic impact the 

anticipated crop shortfall might have on 

the apricot industry, and also to reduce 

the Committee’s authorized monetary 

reserve to a level commensurate with 

program requirements. The anticipated 

$3,800 assessment revenue, when 

combined with $6,794 from the 

monetary reserve, is adequate to cover 

budgeted expenses for the 2005–2006 

fiscal period. By drawing funds from the 

54834 Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations 

reserve ($13,962 on April 1, 2005), the 

Committee estimates that by the end of 

the current fiscal period the reserve will 

approximate $7,168. This amount is 

within the maximum permitted by the 

order of approximately one fiscal 

period’s operational expenses (§ 922.42). 

The major expenditures 

recommended by the Committee for the 

2005–2006 fiscal period include staff 

salaries ($5,892), rent and maintenance 

($864), compliance ($100), and 

Committee travel and compensation 

($1,000). These budgeted expenses are 

the same as those approved for the 

2004–2005 fiscal period. 

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 Committees or other 

available information. 

Although this assessment rate is 

effective 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 the Committee’s 

meetings are available from the 

Committee or USDA. The Committee’s 

meetings are open to the public and 

interested persons may express their 

views at these meetings. USDA will 

evaluate the Committee’s 

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 2005–2006 budget has been 

reviewed and approved by USDA, 

which will also review, and as 

appropriate, approve, budgets for 

subsequent fiscal periods. 

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 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 272 apricot 

producers within the regulated 

production area and approximately 28 

regulated handlers. 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. 

For the 2004 apricot season, 

Washington Agricultural Statistics 

Service reported that the total 6,400 ton 

apricot utilization sold for an average of 

$973 per ton. Based on the number of 

producers in the production area (272), 

the average annual producer revenue 

from the sale of apricots in 2004 can 

thus be estimated at approximately 

$22,894. In addition, based on 

information from the Committee and 

USDA’s Market News Service, 2004 

f.o.b. prices ranged from $14.50 to 

$18.50 per 24-pound loose-pack 

container, and from $18.00 to $24.00 for 

2-layer tray pack containers. With about 

half of the 2004 season fresh apricot 

pack-out of 4,911 tons in loose-pack 

containers and about half in tray-pack 

containers (weighing an average of 

about 20 pounds each), each of the 

industry’s 28 handlers would have 

averaged less than $225,000 from the 

sale of fresh apricots. Thus, the majority 

of producers and handlers of 

Washington apricots may be classified 

as small entities. 

This rule continues in effect the 

action that decreased the assessment 

rate established for the Committee and 

collected from handlers for the 2005–

2006 and subsequent fiscal periods from 

$2.50 to $1.00 per ton of fresh apricots 

handled. The Committee unanimously 

recommended 2005–2006 expenditures 

of $10,594. With the 2005–2006 crop 

estimate of 3,800 tons, the Committee 

anticipates assessment income of 

$3,800, which, when combined with 

$6,794 from the monetary reserve, will 

be adequate to cover budgeted expenses 

for the 2005–2006 fiscal period. At this 

assessment rate and expense level, the 

Committee’s reserve fund will 

approximate $7,168 by March 30, 2006. 

This amount is within the maximum 

permitted by the order of approximately 

one fiscal period’s operational expenses 

(§ 922.42). 

The Committee discussed alternatives 

to this rule, including alternative 

expenditure levels. Lower assessment 

rates were considered, but not 

recommended because they would not 

generate the income necessary to 

administer the programs. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the producer price for the 2005–2006 

season could range from about $973 per 

ton to about $1,100 per ton for 

Washington apricots. Therefore, the 

estimated assessment revenue for the 

2005–2006 fiscal period as a percentage 

of total producer revenue could range 

between 0.09 and 0.10 percent. 

This action continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. In addition, 

the Committee’s meeting was widely 

publicized throughout the Washington 

apricot industry and all interested 

persons were invited to attend and 

participate in the Committee’s 

deliberations on all issues. Like all 

marketing order committee meetings, 

the May 10, 2005, meeting was a public 

meeting and all entities, both large and 

small, were able to express views on the 

issues. Finally, interested persons were 

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 Washington 

apricot 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. 

An interim final rule concerning this 

action was published in the Federal 

Register on June 27, 2005, (70 FR 

36812). Copies of that publication were 

mailed or distributed via facsimile to all 

Committee members and made available 

to handlers at the office of the 

Committee. The interim final rule was 

also made available through the Internet 

by the Office of the Federal Register and 

USDA. A 60-day comment period was 

provided for interested persons to 

respond to the interim final rule. No 

comments were received during the 

comment period that ended on August 

26, 2005. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ama.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. 

Federal Register / Vol. 70, No. 180 / Monday, September 19, 2005 / Rules and Regulations 54835 

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. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ Accordingly, the interim final rule 

amending 7 CFR part 922 which was 

published at 70 FR 36812 on June 27, 

2005, is adopted as a final rule without 

change. 

Dated: September 14, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–18584 Filed 9–16–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 300 

RIN 1901–AB11 

Guidelines for Voluntary Greenhouse 

Gas Reporting 

AGENCY: Office of Policy and 

International Affairs, U.S. Department of 

Energy. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The Department of Energy 

(DOE) published interim final General 

Guidelines for its Voluntary Reporting 

of Greenhouse Gases Program on March 

24, 2005 (70 FR 15169), and published 

in the same issue of the Federal Register 

a notice of availability inviting public 

comment on draft Technical Guidelines 

needed to fully implement the revised 

Voluntary Reporting of Greenhouse 

Gases Program (70 FR 15164). DOE 

today is delaying the effective date of 

the guidelines to address the comments 

received by DOE in response to the 

March 24, 2005 Federal Register notice 

and to align the effective date with the 

likely availability of final reporting 

forms being developed by the Energy 

Information Administration. 

DATES: The effective date of the rule 

establishing 10 CFR part 300 published 

in the Federal Register at 70 FR 15169 

on March 24, 2005, is delayed until June 

1, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Mark Friedrichs, PI–40, Office of Policy 

and International Affairs, U.S. 

Department of Energy, 1000 

Independence Ave., SW., Washington, 

DC 20585, or e-mail: 

1605bguidelines.comments@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: As DOE 

explained in the notice of interim final 

rulemaking, the Technical Guidelines 

that supplement the General Guidelines 

will provide the specificity necessary 

for DOE to fully implement the 

greenhouse gas emissions inventory and 

emissions reduction elements of the 

voluntary reporting guidelines (70 FR 

15171). DOE received a substantial 

number of written comments on the 

Interim Final General Guidelines and 

draft Technical Guidelines, and DOE 

expects to issue final General and 

Technical Guidelines by the end of 

2005. At that time, the Energy 

Information Administration (EIA) will 

prepare reporting forms that conform to 

the Final General Guidelines and Final 

Technical Guidelines and begin 

developing the electronic reporting 

software necessary to implement the 

revised Program. 

Because DOE does not expect to issue 

final guidelines until the end of the 

calendar year, and because the Office of 

Management and Budget (OMB) 

clearance process under the Paperwork 

Reduction Act for EIA’s revised 

reporting forms will take at least 120 

days following the issuance of the final 

guidelines, DOE is delaying the 

September 20, 2005 effective date of the 

rule published on March 24, 2005 until 

June 1, 2006. This delay in the effective 

date will allow EIA time to complete the 

development of revised reporting forms, 

including an opportunity for public 

review, after the final General and 

Technical Guidelines are issued at the 

end of 2005. Once EIA has completed 

the development of its planned 

electronic reporting system, 

approximately 9 to 12 months after the 

guidelines are finalized, reporting 

entities would be able to use it to report 

under the revised guidelines. Since it is 

unlikely that entities will be able to 

report under the revised guidelines by 

July 1, 2006, DOE will revise the 

General Guidelines to provide that 

entities may use DOE’s October 1994 

guidelines for reporting in calendar year 

2006. Entities that wish to report their 

emissions and reductions for 2005, or 

prior years, using the revised guidelines 

will be able to do so during the normal 

2007 reporting cycle. 

Issued in Washington, DC, on September 

13, 2005. 

Karen A. Harbert, 

Assistant Secretary, Policy and International 

Affairs. 

[FR Doc. 05–18628 Filed 9–15–05; 9:21 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20944; Directorate 

Identifier 2003–NE–64–AD; Amendment 39–

14247; AD 2005–18–01] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company CT7–5, –7, and –9 

Series Turboprop Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for General 

Electric Company (GE) CT7–5A2, –5A3, 

–7A, –7A1, –9B, –9B1, and –9B2 

turboprop engines, with stage 2 turbine 

aft cooling plate, part number (P/N) 

6064T07P01, 6064T07P02, 6064T07P05, 

or 6068T36P01 installed. This AD 

requires a onetime eddy current 

inspection (ECI) of certain P/N stage 2 

turbine aft cooling plate boltholes. This 

AD results from reports of six stage 2 

turbine aft cooling plates found cracked 

during inspection. We are issuing this 

AD to prevent stage 2 aft cooling plate 

separation, resulting in uncontained 

engine failure and damage to the 

airplane. 

DATES: This AD becomes effective 

October 24, 2005. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in the regulations as 

of October 24, 2005. 

ADDRESSES: You can get the service 

information identified in this AD from 

General Electric Aircraft Engines CT7 

Series Turboprop Engines, 1000 

Western Ave., Lynn, MA 01910; 

telephone (781) 594–3140, fax (781) 

594–4805. 

You may examine the AD docket on 

the Internet at http://dms.dot.gov or in 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Eugene Triozzi, Aerospace Engineer, 

Engine Certification Office, FAA, Engine