59628 Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 

Reports 

§ 927.125 Reports. 

(a) Each shipper handling pears 

covered by an exemption certificate 

shall keep an accurate record, in the 

manner provided on such certificate, of 

all shipments of such pears. Such 

shipper, after having shipped as many 

pears as authorized by the particular 

exemption certificate, shall promptly 

mail to the Secretary of the Control 

Committee, such handler’s copy of the 

exemption certificate containing an 

accurate record of such shipments. 

(b) Each handler shall furnish to the 

Control Committee, as of every other 

Friday, a report containing the following 

information on Form 1 ‘‘Handlers’

Statement of Pear Shipments’’: 

(1) The number of standard western 

pear boxes (two half boxes shall be 

counted as one box) of each variety of 

pears shipped by that handler during 

the preceding two weeks; 

(2) The date of each shipment; 

(3) The ultimate destination, by city 

and state or city and country; and 

(4) The name and address of such 

handler. In addition, the handler shall 

indicate, for each lot of pears shipped in 

accordance with the provisions of 

§ 927.122, the storage lot number, and 

the name and address of the storage 

warehouse. 

(c) Each handler shall furnish to the 

Control Committee, as of every other 

Friday, a ‘‘Handler’s Packout Report’’

containing the following information: 

(1) The total of the packout of each 

variety; 

(2) The quantity of each variety loose 

in storage; 

(3) The volume of each variety sold; 

and 

(4) The name and address of such 

handler. 

(d) Each handler who has shipped 

less than 2,500 standard western pear 

boxes during any two-week reporting 

period of the shipping season may, in 

lieu of reporting biweekly, report as 

follows: 

(1) At completion of harvest, on the 

next biweekly reporting date, furnish to 

the Control Committee a ‘‘Handler’s 

Packout Report’; 

(2) After unreported shipments total 

2,500 standard western pear boxes, 

furnish to the Control Committee a 

‘‘Handler’s Statement of Pear 

Shipments’’ and a ‘‘Handler’s Packout 

Report’’ on the next biweekly reporting 

date; 

(3) After completion of all shipments 

from regular storage (i.e. non-Controlled 

Atmosphere storage) at the end of the 

shipping season, furnish to the Control 

Committee a ‘‘Handler’s Statement of 

Pear Shipments’’ and a ‘‘Handler’s 

Packout Report’’ on the next biweekly 

reporting date; 

(4) At mid-season for Controlled 

Atmosphere storage, at a date 

established by the Control Committee, 

furnish to the Control Committee a 

‘‘Handler’s Statement of Pear 

Shipments’’ and a ‘‘Handler’s Packout 

Report’’; and 

(5) At the completion of all seasonal 

pear shipments, furnish to the Control 

Committee a ‘‘Handler’s Statement of 

Pear Shipments’’ and a ‘‘Handler’s 

Packout Report’’ on the next biweekly 

reporting date. Each of these reports 

shall be marked ‘‘final report’’ and 

include an explanation of the actual 

shipments versus the original estimate, 

if different. 

(e) Each handler who has pears 

inspected and certificated in lots larger 

than carload lots and who wishes to rely 

on such lot inspections in lieu of 

inspection certificates for individual 

carlot shipments shall deliver to the 

manager within 10 days after shipment 

of any such pears a written report 

showing the quantity, variety, grade, 

and size of the pears so shipped and the 

date of shipment thereof, and said 

report shall identify such pears with the 

lot-inspection certificate covering the 

same, and shall further show what 

portion of that lot remains unshipped, 

and where located; such report shall be 

in addition to, and not in lieu of, the 

handler’s reports of shipments required 

under paragraphs (b) and (c) of this 

section. 

(f) Each handler shall specify on each 

bill of lading covering each shipment 

the variety, and number of boxes 

thereof, of all pears included in that 

shipment. 

§ 927.142 Reserve fund. 

(a) It is necessary and appropriate to 

establish and maintain an operating 

reserve fund in an amount not to exceed 

approximately one fiscal period’s 

expenses to be used in accordance with 

the provisions of § 927.42 of the 

amended marketing agreement and this 

part, and 

(b) Assessments collected for the 

period ended June 30, 1962, were in 

excess of the expenses for such period 

and the committee is hereby authorized 

to place $2,500 of such excess in said 

reserve. 

Assessment Rate 

§ 927.236 Assessment rate. 

On and after July 1, 2004, an 

assessment rate of $0.49 per 44-pound 

standard box or container equivalent of 

conventionally and organically 

produced pears and, in addition, a 

supplemental assessment rate of $0.01 

per 44-pound standard box or container 

equivalent of Beurre d’Anjou variety 

pears, excluding organically produced 

Beurre d’Anjou pears, is established for 

the Winter Pear Control Committee. 

§ 927.316 Handling regulation. 

During the period August 15 through 

November 1, no person shall handle any 

Beurre D’Anjou variety of pears for 

shipments to North America 

(Continental United States, Mexico, or 

Canada), unless such pears meet the 

following requirements: 

(a) Beurre D’Anjou variety of pears 

shall have a certification by the FederalState Inspection Service, issued prior to 

shipment, showing that the core/pulp 

temperature of such pears has been 

lowered to 35 degrees Fahrenheit or less 

and any such pears have an average 

pressure test of 14 pounds or less. The 

handler shall submit, or cause to be 

submitted, a copy of the certificate 

issued on the shipment to the Control 

Committee. 

(b) Each handler may ship on any one 

conveyance 8,800 pounds or less of 

Beurre D’Anjou variety of pears without 

regard to the quality and inspection 

requirements in paragraph (a) of this 

section. 

Dated: October 7, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–20531 Filed 10–12–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

Office of Federal Housing Enterprise 

Oversight 

12 CFR Part 1700 

RIN 2550–AA33 

Organization and Functions 

AGENCY: Office of Federal Housing 

Enterprise Oversight, HUD. 

ACTION: Final rule. 

SUMMARY: The Office of Federal Housing 

Enterprise Oversight (OFHEO) is 

revising the regulation that describes its 

organization and functions. The 

revisions reflect changes in OFHEO’s 

organizational structure and the 

functional responsibilities of some of its 

offices. 

DATES: The final regulation is effective 

October 13, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Mary Alice Donner, Senior Counsel, 

Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations 59629 

telephone (202) 343–1319 (not a toll-free 

number); Office of Federal Housing 

Enterprise Oversight, Fourth Floor, 1700 

G Street, NW., Washington, DC 20552. 

The telephone number for the 

Telecommunications Device for the Deaf 

is (800) 877–8339. 

SUPPLEMENTARY INFORMATION:

Discussion of Final Regulation 

This final regulation informs the 

public about structural and functional 

changes within OFHEO that were 

recently implemented by the Acting 

Director. Changes in OFHEO’s structure 

consist of the establishment of a new 

Office of Executive Director, and the 

establishment of the Offices of Human 

Resources Management and of Budget 

and Financial Management. The Office 

of Human Resources Management and 

the Office of Budget and Financial 

Management will assume the functions 

of the former Office of Finance and 

Administration, among other 

responsibilities. The Office of Executive 

Director is headed by the Executive 

Director and Chief of Staff, and consists 

of the Office of Budget and Financial 

Management, Office of Human 

Resources Management, the Office of 

Technology and Information 

Management, and the Office of Strategic 

Planning and Management. The Office 

of Information Technology is renamed 

Office of Technology and Information 

Management to reflect more accurately 

the nature and scope of that Office’s 

responsibilities. 

In promulgating this regulation, 

OFHEO finds that notice and public 

comment are not necessary. Section 

553(b)(3)(A) of title 5, United States 

Code, provides that when regulations 

involve matters of agency organization, 

procedure or practice, the agency may 

publish regulations in final form. In 

addition, OFHEO finds, in accordance 

with 5 U.S.C. 553(d), that a delayed 

effective date is unnecessary. 

Accordingly, this regulation is effective 

upon publication. 

Regulatory Impact 

Executive Order 12866, Regulatory 

Planning and Review 

The final regulation is not classified 

as an economically significant rule 

under Executive Order 12866 because it 

would not result in an annual effect on 

the economy of $100 million or more or 

a major increase in costs or prices for 

consumers, individual industries, 

Federal, state, or local government 

agencies, or geographic regions; or have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic or foreign 

markets. Accordingly, no regulatory 

impact assessment is required and this 

final regulation has not been submitted 

to the Office of Management and Budget 

for review. 

Executive Order 13132, Federalism 

Executive Order 13132 requires that 

Executive departments and agencies 

identify regulatory actions that have 

significant federalism implications. A 

regulation has federalism implications if 

it has substantial direct effects on the 

states, on the relationship or 

distribution of power between the 

Federal Government and the states, or 

on the distribution of power and 

responsibilities among various levels of 

government. The final regulation has no 

federalism implications that warrant the 

preparation of a federalism assessment 

in accordance with Executive Order 

13132. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires that a 

regulation that has a significant 

economic impact on a substantial 

number of small entities, small 

businesses, or small organizations 

include an initial regulatory flexibility 

analysis describing the regulation’s 

impact on small entities. Such an 

analysis need not be undertaken if the 

agency has certified that the regulation 

will not have a significant economic 

impact on a substantial number of small 

entities, 5 U.S.C. 605(b). OFHEO has 

considered the impact of the final 

regulation under the Regulatory 

Flexibility Act. The Acting General 

Counsel of OFHEO certifies that the 

final regulation will not have a 

significant economic impact on a 

substantial number of small business 

entities. 

Paperwork Reduction Act 

This final regulation does not contain 

any information collection requirements 

that require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

List of Subjects in 12 CFR Part 1700 

Organization and functions 

(Government Agencies). 

■ Accordingly, for the reasons stated in 

the Preamble, OFHEO amends 12 CFR 

part 1700 to read as follows: 

PART 1700—ORGANIZATION AND 

FUNCTIONS 

■ 1. The authority citation for part 1700 

continues to read as follows: 

Authority: 5 U.S.C. 552; 12 U.S.C. 4513 

and 4526. 

■ 2. Amend § 1700.2 as follows: 

■ a. Remove paragraphs (c)(3), (c)(7), 

and (c)(8). 

■ b. Redesignate paragraphs (c) and (d) 

as paragraphs (d) and (e), respectively. 

■ c. Redesignate newly designated 

paragraphs (d)(1) and (d)(2) as 

paragraphs (d)(2) and (d)(3). 

■ d. Redesignate newly designated 

paragraphs (d)(9) and (d)(10) as 

paragraphs (d)(7) and (d)(8). 

■ e. Add a new paragraph (c) and a new 

paragraph (d)(1) to read as follows: 

§ 1700.2 Organization of the Office of 

Federal Housing Enterprise Oversight. 

* * * * * 

(c) Executive Director and Chief of 

Staff. The Executive Director and Chief 

of Staff of OFHEO heads the Office of 

Executive Director. The Executive 

Director and Chief of Staff reports to the 

Director and the Deputy Director. The 

Executive Director and Chief of Staff is 

the chief administrative officer of 

OFHEO, serves as a legal advisor on 

administrative matters, and coordinates 

communication and cooperation on 

administrative issues with the Office of 

General Counsel. 

(d) Offices and functions. (1) Office of 

Executive Director. The Office of 

Executive Director consists of the Office 

of Budget and Financial Management, 

the Office of Human Resources 

Management, the Office of Technology 

and Information Management, and the 

Office of Strategic Planning and 

Management. The Office of Executive 

Director is responsible for OFHEO-wide 

management and oversight of all 

administrative matters. 

* * * * * 

Dated: October 4, 2005. 

Stephen Blumenthal, 

Acting Director, Office of Federal Housing 

Enterprise Oversight. 

[FR Doc. 05–20471 Filed 10–12–05; 8:45 am] 

BILLING CODE 4220–01–P