Unknown. Final rule

4,840 words·~22 min read·/register/2000/10/10/00-25945

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-10-10.xml --- 65 196 Tuesday, October 10, 2000 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Special Emphasis Panels, 60194 00-25877 Agricultural Agricultural Marketing Service PROPOSED RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 60121-60123 00-25946 NOTICES Agency information collection activities: Proposed collection; comment request, 00-25947 60165-60167 00-25948 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Farm Service Agency See Food Safety and Inspection Service Antitrust Antitrust Division NOTICES National cooperative research notifications:

Catalytica Advanced Technologies, 60212 00-25898 International Pharmaceutical Aerosol Consortium for Toxicology Testing of HFA-134a (IPACT-I), 60212 00-25896 Personalization Consortium, Inc, 60212-60213 00-25897 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bonneville Bonneville Power Administration NOTICES Bonneville purchasing and financial assistance instructions; availability, 60175-60176 00-25923 Centers Centers for Disease Control and Prevention NOTICES Reports and guidance documents; availability, etc.:

Vessel Sanitation Program Operation Manual; revision and implementation, 60194-60195 00-25906 Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation NOTICES Meetings; Sunshine Act, 60167 00-26037 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 60171-60172 00-25871 Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Individuals with disabilities; various programs, 60337-60338 00-25997 Privacy Act: Systems of records, 60172-60174 00-25942 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission RULES Nuclear safety management; contractor- and government-operated nuclear facilities, 60291-60317 00-25453 NOTICES Inventions, Government-owned; availability for licensing, 60175 00-25920 Meetings: Environmental Management Site-Specific Advisory Board— Rocky Flats, CO, 60174-60175 00-25922 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

North Carolina, 60101-60104 00-25599 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Montana, 60144-60150 00-25929 Virginia, 60141-60143 00-25931 NOTICES Meetings: Science Advisory Board, 00-25932 60189-60192 00-25976 Water pollution control: Total maximum daily loads— Mermentau and Vermilion/Teche river basins, LA; administrative record file; comment request, 60189 00-25930 Executive Executive Office of the President See Trade Representative, Office of United States Export Export Administration Bureau NOTICES Meetings:

Transportation and Related Equipment Technical Advisory Committee, 60167-60168 00-25937 Farm Farm Service Agency NOTICES Georgia; release of Georgia tobacco farmers’ social security numbers to State and opportunity to opt out of release, 60167 00-25949 FAA Federal Aviation Administration RULES Airmen certification: Advanced Qualification Program, 60333-60336 00-25632 PROPOSED RULES Airworthiness directives: Boeing, 00-25967 00-25968 60126-60132 00-25969 FCC Federal Communications Commission RULES Common carrier services:

Commercial mobile radio services— Interconnection and resale obligations and forbearance issues; reconsideration petition denied, 60112 00-25807 Foreign participation in U.S. telecommunications market; rules and policies, 60113-60117 00-25980 Wireless telecommunications services— 746-764 and 776-794 MHz bands; service rules; correction, 60112-60113 00-25808 Radio services, special: Aviation services— Radionavigation service; 31.8-32.3 GHz band removed, 60108-60112 00-25733 PROPOSED RULES Digital television stations; table of assignments:

Louisiana, 60163 00-25809 NOTICES Meetings: Public Safety National Coordination Committee, 60192-60193 00-25925 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood insurance program: Letters of Map Revision Based on Fill; requests, 60159-60163 00-25834 NOTICES Disaster and emergency areas: Idaho, 60193 00-25836 Montana, 60193 00-25835 Ohio, 60193-60194 00-25837 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Southern California Edison Co. et al., 60184-60186 00-25838 Environmental statements; notice of intent: Columbia Gulf Transmission Co., 60186-60187 00-25863 Meetings; Sunshine Act, 60188-60189 00-26038 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 00-25854 60176 00-25858 Colorado Interstate Gas Co., 60176-60177 00-25857 Dominion Transmission Inc., 60177 00-25862 Honeoye Storage Corp., 60187 00-25840 Iroquois Gas Transmission System, L.P., 00-25839 60177-60178 00-25847 Mississippi River Transmission Corp., 60178 00-25843 National Fuel Gas Supply Corp., 60178 00-25860 Panhandle Eastern Pipe Line Co., 60178-60179 00-25859 Reliant Energy Gas Transmission Co., 60179 00-25845 Sea Robin Pipeline Co., 60179 00-25861 Southern Natural Gas Co., 60179 00-25848 Southwest Gas Storage Co., 60180 00-25918 Transwestern Pipeline Co., 00-25841 00-25842 60180-60181 00-25844 Trunkline Gas Co., 00-25851 60181 00-25855 Vector Pipeline L.P., 00-25849 60182 00-25849 Williston Basin Interstate Pipeline Co., 00-25850 60183 00-25853 Wyoming Interstate Co., Ltd., 60183 00-25856 Young Gas Storage Co., Ltd., 60184 00-25852 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 60237 00-25973 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 60194 00-25955 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Agency information collection activities: Proposed collection; comment request, 60251 00-25894 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor name and address changes— Aventis Animal Nutrition, Inc., 60097-60098 00-25965 Color additives:

Luminescent zinc sulfide Correction, 60253 C0-19952 Medical devices: Dental devices— Endosseous dental implant accessories; reclassification from Class III to Class I, 60098-60100 00-25811 NOTICES Agency information collection activities: Proposed collection; comment request, 60195-60199 00-25810 Food Food Safety and Inspection Service RULES Meat, poultry, and egg products inspection services; fee increases, 60093-60095 00-25945 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See National Institutes of Health See Public Health Service NOTICES Organization, functions, and authority delegations:

Health Care Financing Administration Administrator, 60194 00-25813 Health Health Care Financing Administration RULES Medicaid: Home and community-based services, 60105-60108 00-25496 Medicare: Skilled nursing facilities and home health agencies; cost limits exceptions; technical correction, 60104-60105 00-25497 PROPOSED RULES Medicaid: Hospital, nursing facility, intermediate care facility, and mentally retarded and clinic services; upper payment limit requirements modification, 60151-60159 00-25935 Health Health Resources and Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 60199-60200 00-25812 Housing Housing and Urban Development Department RULES HUD-owned properties: HUD-acquired single family property disposition Officer Next Door Sales Program, 60323-60326 00-25870 Mortgage and loan programs: Single family mortgage insurance— Electronic underwriting, 60319-60321 00-25869 Interior Interior Department See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes:

Principal residence sale or exchange; exclusion of gain, 60136-60141 00-25482 International International Trade Administration NOTICES Antidumping: Ferrovanadium and nitrided vanadium from— Russia, 60168-60169 00-25970 Steel concrete reinforcing bars from— Turkey, 60169-60170 00-25971 International International Trade Commission NOTICES Meetings; Sunshine Act, 60209-60210 00-26018 Justice Justice Department See Antitrust Division See Juvenile Justice and Delinquency Prevention Office RULES Organization, functions, and authority delegations:

Directors and commissioners; Federal tort claims settlement, 60100 00-25904 NOTICES Pollution control; consent judgments: Batavia, NY, et al., 60210 00-25902 Renaissance Land Associates, LP, et al., 60210-60211 00-25903 Therm-O-Rock West, Inc., 60211 00-25899 TPI Petroleum, Inc., 60211 00-25901 Whiteford Kenworth, Inc., et al, 60211-60212 00-25900 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings: Coalition for Juvenile Justice, 60213 00-25872 Land Land Management Bureau NOTICES Meetings:

Gila Box Riparian National Conservation Area Advisory Committee, 60206 00-25911 Oil and gas leases: Wyoming, 60207 00-25912 Withdrawal and reservation of lands: Oregon, 60207 00-25966 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Life and Microgravity Sciences and Applications Advisory Committee, 60213 00-25814 Technology and Commercialization Advisory Committee, 60213 00-25815 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Combined Arts Advisory Panel, 60214 00-25816 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Bombardier Motor Corp. of America, Inc., 60238 00-25972 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 60200 00-25893 Meetings: Director's Council of Public Representatives, 60200-60201 00-25878 National Center for Research Resources, 00-25886 60201 00-25887 National Heart, Lung, and Blood Institute, 60201-60202 00-25889 00-25890 National Institute of Allergy and Infectious Diseases, 60204 00-25888 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 60203 00-25884 National Institute of Child Health and Human Development, 60203 00-25882 National Institute of Environmental Health Sciences, 60202-60203 00-25881 National Institute of Mental Health, 60202 00-25880 National Institute on Alcohol Abuse and Alcoholism, 60203 00-25883 National Institute on Drug Abuse, 60204 00-25885 Scientific Review Center, 60204-60206 00-25879 Recombinant DNA molecules research:

Actions under guidelines, 60327-60332 00-25891 National Labor National Labor Relations Board NOTICES Privacy Act: Systems of records, 60214-60218 00-25864 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 60118 00-25958 Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 60118-60120 00-25939 Ocean and coastal resource management: Marine sanctuaries— Thunder Bay National Marine Sanctuary and Underwater Preserve, MI; correction and effective date, 60096-60097 00-25938 PROPOSED RULES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico Fishery Management Council; hearings, 60163-60164 00-25957 NOTICES Marine mammals: Taking and importing— Belize et al.; yellowfin tuna and yellowfin tuna products harvested with purse seine vessels in eastern tropical Pacific Ocean; embargoes, 60170-60171 00-25978 Permits: Marine mammals, 60171 00-25956 National Park National Park Service NOTICES Agency information collection activities: Proposed collection; comment request, 60207-60208 00-25963 Submission for OMB review; comment request, 60208-60209 00-25962 National Register of Historic Places:

Pending nominations, 60209 00-25895 National Science National Science Foundation NOTICES Meetings: Anthropological and Geographic Sciences Advisory Panel, 60218 00-25832 Biological Sciences Special Emphasis Panel, 60218-60219 00-25824 Chemical and Transport Systems Special Emphasis Panel, 60219 00-25830 Chemistry Special Emphasis Panel, 00-25822 60219 00-25829 Cognitive, Psychological, and Language Sciences Advisory Panel, 60219-60220 00-25821 Computing-Communications Research Special Emphasis Panel, 60220 00-25818 Earth Sciences Proposal Review Panel, 60220 00-25827 Ecological Studies Advisory Panel, 00-25823 60220 00-25826 Education and Human Resources Advisory Committee, 60221 00-25819 Electrical and Communications Systems Special Emphasis Panel, 60221 00-25825 Geosciences Special Emphasis Panel, 60221 00-25831 Research, Evaluation, and Communication Special Emphasis Panel, 60221 00-25828 Social, Behavioral, and Economic Sciences Advisory Committee, 60221-60222 00-25820 Meetings;

Sunshine Act, 60222 00-25990 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Tennessee Valley Authority, 60225-60226 00-25915 *Applications, hearings, determinations, etc.:* Public Service Co. of New Mexico, 60222-60223 00-25916 Southern Nuclear Operating Co., 60223-60225 00-25917 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Excepted service:

Schedules A, B, and C; positions placed or revoked— Update, 60226-60227 00-25909 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES National Toxicology Program: Center for Evaluation of Risks to Human Reproduction— Phthalate esters; expert panel reports; comment request, 60206 00-25892 Research Research and Special Programs Administration NOTICES Hazardous materials transportation:

Preemption determinations— New York Propane Gas Association, 60238-60245 00-25953 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Equity Managers Trust et al., 60227-60230 00-25865 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 00-25867 60233-60235 00-25868 Chicago Stock Exchange, Inc., et al., 60230-60233 00-25866 Pacific Exchange, Inc., 60235-60236 00-25919 Selective Selective Service System RULES Registration administration:

Selective Service registration; additional methods, 60100-60101 00-25725 SBA Small Business Administration PROPOSED RULES Program for Investment In Microentrepreneurs Act; implementation: Disadvantaged entrepreneurs; training and technical assistance grants, 60255-60290 00-25428 State State Department PROPOSED RULES Nationality and passports: Executing passport application on behalf of minor; procedures, 60132-60136 00-25782 NOTICES Meetings: International Communications and Information Policy Advisory Committee, 60236 00-25974 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Pioneer Railcorp et al., 60245-60246 00-25954 Railroad services abandonment: Bessemer & Lake Erie Railroad Co., 60246 00-25757 Thrift Thrift Supervision Office RULES Repurchases of stock by recently-converted savings associations, mutual holding company dividend waivers, and Gramm-Leach-Biley Act changes, 60095-60096 00-25944 PROPOSED RULES Mutual savings associations, mutual holding company reorganizations, and conversions from mutual to stock form, 60123-60124 00-25943 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 60251-60252 00-25940 00-25941 Trade Trade Representative, Office of United States NOTICES Caribbean Basin Trade Partnership Act: Beneficiary countries; preferential treatment determinations, 60236-60237 00-26072 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities:

Proposed collection; comment request, 60246-60251 00-25950 Meetings: Debt Management Advisory Committee, 60251 00-25905 Separate Parts In This Issue Part II Small Business Administration, 60255-60290 00-25428 Part III Department of Energy, 60291-60317 00-25453 Part IV Department of Housing and Urban Development, 60319-60321 00-25869 Part V Department of Housing and Urban Development, 60323-60326 00-25870 Part VI Department of Health and Human Services, National Institutes of Health, 60327-60332 00-25891 Part VII Department of Transportation, Federal Aviation Administration, 60333-60336 00-25632 Part VIII Department of Education, 60337-60338 00-25997 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. 65 196 Tuesday, October 10, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Parts 391 and 590 [Docket No. 00-025F] RIN 0583-AC74 Increases in Fees for Meat, Poultry, and Egg Products Inspection Services—Fiscal Year

(FY)2001 AGENCY: Food Safety and Inspection Service, USDA. ACTION: Final rule. SUMMARY: The Food Safety and Inspection Service

(FSIS)is increasing the fees that it charges meat and poultry establishments, egg products plants, importers, and exporters for providing voluntary inspection services, overtime and holiday inspection services, identification services, certification services, and laboratory services. These increases in fees reflect the national and locality pay raise for Federal employees (proposed 3.7 percent effective January 2001) and inflation. The Agency will make the increases in fees effective October 8, 2000. At this time, FSIS is not proposing to amend the fee for the Accredited Laboratory Program. EFFECTIVE DATE: October 8, 2000. FOR FURTHER INFORMATION CONTACT: For information concerning policy issues, contact Daniel Engeljohn, Ph.D., Director, Regulations Development and Analysis Division, Office of Policy, Program Development, and Evaluation, FSIS, U.S. Department of Agriculture, Room 112, Cotton Annex, 300 12th Street, SW, Washington, DC 20250-3700,

(202)720-5627, fax number

(202)690-0486. For information concerning fee development, contact Michael B. Zimmerer, Director, Financial Management Division, Office of Management, FSIS, U.S. Department of Agriculture, Room 2130-S, 1400 Independence Avenue, SW., Washington, DC 20250-3700,

(202)720-3552. SUPPLEMENTARY INFORMATION: Background The Federal Meat Inspection Act

(FMIA)(21 U.S.C. 601 *et seq.* ), the Poultry Products Inspection Act

(PPIA)(21 U.S.C. 451 *et seq.* ), and the Egg Products Inspection Act

(EPIA)(21 U.S.C. 1031 *et seq.* ) provide for mandatory Federal inspection of meat and poultry slaughter and processing at official establishments and of egg products at official plants. FSIS bears the cost of mandatory inspection. Establishments and plants pay for inspection services performed on holidays or on an overtime basis. In addition, under the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621 *et seq.* ), FSIS provides a range of voluntary inspection, certification, and identification services to assist in the orderly marketing of various animal products and byproducts. These services include the certification of technical animal fats and the inspection of exotic animal products, such as antelope and elk. FSIS is required to recover the costs of voluntary inspection, certification, and identification services. Under the Agricultural Marketing Act of 1946, FSIS also provides certain voluntary laboratory services that establishments and others may request the Agency to perform. Laboratory services are provided for four types of analytic testing: microbiological testing, residue chemistry tests, food composition tests, and pathology testing. FSIS must recover these costs. Every year FSIS reviews the fees that it charges for providing overtime and holiday inspection services; voluntary inspection, identification, and certification services; and laboratory services. The Agency performs a cost analysis to determine whether the fees that it has established are adequate to recover the costs that it incurs in providing these services. In the Agency's analysis of projected costs for October 1, 2000 to September 30, 2001, the Agency has identified increases in the costs of these nonmandatory inspection services due specifically to the national and locality pay raise for Federal employees (proposed 3.7 percent effective January 2001) and inflation. FSIS calculated the new fees by adding the projected increase in salaries and inflation for FY 2000 and FY 2001 to the actual cost of the services in FY 1999. The Agency calculated inflation to be 1.55% for FY 2000 and 1,90% for FY 2001. The Agency considered the costs that it will incur because of the pay raise in January 2001 and averaged its pay costs out over the entire FY 2001. FSIS did not use the fees currently charged as a base for calculating the new fees for FY 2001 because the current fees are based on estimates of costs to the Agency for FY 1999 and FY 2000. The Agency now knows the actual cost of inspection services for FY 1999 and used the actual costs in calculating the new fees. The current and new fees are listed by type of service in Table 1. Table 1.—Current and New Fees—Per Hour Per Employee—By Type of Service Service Previous rate New rate Base time $37.88 $38.44 Overtime & holiday 39.76 41.00 Laboratory 58.52 60.04 The differing fee increase for each type of service is the result of the different amount that it costs FSIS to provide these three types of services. The differences in costs stem from various factors including different salary levels of the program employees who perform the services. See Table 2. Table 2.—Calculations for the Different Types of Services Base Time: Actual FY 1999 cost $35.52 Inflation and salary increases 2.91 Adjustment for divisibility by quarter hours .01 Total $38.44 Overtime and Holiday Inspection Services: Actual FY 1999 cost $37.88 Inflation and salary increases 3.10 Adjustment for divisibility by quarter hours .02 Total $41.00 Laboratory Services: Actual FY 1999 cost $55.50 Inflation and salary increases 4.54 Total $60.04 An increase in fees for egg products overtime and holiday inspection services recently became effective on July 30, 2000. However, FSIS is publishing a new fee because the Agency has moved to a FY basis for reviewing fees and is charging the same fee for meat, poultry, and egg products overtime and holiday inspection services. FSIS calculated the new fees based on the presumption that they would become effective at the beginning of FY 2001. FSIS is exploring the possibility of proposing a three to five year plan of fee rate adjustments based on estimates of cost escalation. The Agency must recover the actual cost of voluntary inspection services covered by this rule. These fee increases are essential to continued sound financial management of the Agency's costs. FSIS announces in its July 24, 2000 proposed rule (65 FR 45545) that it intended to implement the fee increases provided for in this final rule effective October 8. The Agency believes adequate notice has been given to affected parties. Accordingly, the Administrator has determined that these amendments should be effective less than 30 days after publication in the **Federal Register** . Therefore, the increases in fees will be effective October 8, 2000. Proposed Rule and Comments On July 24, 2000 FSIS published a proposed rule (65 FR 45545) increase the fees it charges for meat, poultry, and egg products voluntary inspection services. FSIS provided 30 days for public comment, ending on August 23, 2000. The Agency received two comments from industry organizations opposing the increase in fees. The Agency addresses their specific objections. *Comment:* The commenter stated that the fees increases, though moderate, are unnecessary because just one year ago FSIS imposed a 12.5% increase in voluntary program base rates and a 9% increase in overtime and holiday inspection services rates. Furthermore, these new rates are being proposed at a time when FSIS appropriations are at a record high and HACCP—which is supposed to result in inspection cost savings—has been implemented. *Response:* The Agency did increase inspection fees for meat and poultry in a final rule published last December 28, 1999 [64 FR 72492] and more recently for egg products overtime and holiday inspection services in a final rule published on July 20, 2000 [65 FR 44948]. The actual percentage of increases last December was 2.3% for base time meat and poultry voluntary inspection, 7.93% increase for meat and poultry overtime and holiday inspection services, and 15.02% increase for meat and poultry laboratory services. However, the new increase in fees represents the raise in inspection costs since the promulgation of the two previous fee increases. FSIS appropriations do not cover voluntary inspection services or overtime and holiday inspection services. Any cost savings that might be realized through more effective use of inspection resources in HACCP do not translate into lower expenses for voluntary inspection services or overtime and holiday inspection services. *Comment:* The commenter takes exception to FSIS exploring the possibility of proposing a three to five year plan of rate adjustments when the Agency should be realizing inspection cost savings. *Response:* FSIS is merely announcing that it is exploring the possibility of proposing a three to five year plan of rate adjustments. The Agency would not introduce such a plan without formally proposing it through rulemaking procedures. *Comment:* The commenter maintains that the Agency should reconsider its proposed increase in fees after addressing global issues like inspection resource allocation. *Response:* The allocation of inspection resources does not have a direct effect on the cost of holiday and overtime inspection services or voluntary inspection services. *Comment:* The commenter suggests that the Agency should provide a detailed explanation of its proposed fee increases to allow for meaningful comment. *Response:* The agency believes that it has presented adequate information to explain how the new increases in fees were arrived at. Summary of the Final Rule FSIS is amending 9 CFR 391.2 to increase the base time fee for providing meat and poultry voluntary inspection, identification, and certification services from $37.88 per hour per employee to $38.44 per hour per program employee. FSIS is also amending §§ 391.3, 590.126, and 590.128(a) to increase the rate for providing meat, poultry, and egg products overtime and holiday inspection services from $39.76 per hour per employee to $41.00 per hour per employee. In addition, FSIS is amending § 391.4 to increase the rate for laboratory services from $58.52 per hour per employee to $60.04 per hour per employee. Executive Order 12866 and Regulatory Flexibility Act Because this final rule has been determined to be not significant, the Office of Management and Budget

(OMB)did not review it under Executive Order 12866. The Administrator, FSIS, has determined that this final rule would not have a significant economic impact, as defined by the Regulatory Flexibility Act (5 U.S.C. 601), on a substantial number of small entities. Small establishments and plants should not be affected adversely by the increases in fees because the new fee increases provided for reflect only a small increase in the costs currently borne by those entities that choose to use certain inspection services. These inspection services are generally sought by larger establishments and plants because of larger production volume, greater complexity and diversity in the products they produce, and the need for on-time delivery of large volumes of product by their clients-generally large commercial or institutional establishments. Moreover, smaller establishments and plants are unlikely to use a significant amount of overtime and holiday inspection services. Establishments and plants that seek FSIS services are likely to have calculated that the incremental costs of overtime and holiday inspection services would be less than the incremental expected benefits of additional revenues they would realize from additional production. Economic Effects Under the new fees, the Agency expects to collect an estimated $106.2 million in revenues for FY 2001, compared to $103 million under the current fee structure. The costs that industry would experience by the raise in fees are similar to other increases the industry faces due to inflation and wage increases. The total volume of meat and poultry slaughtered under Federal inspection in 1998 was about 81 billion pounds. The total volume of U.S. egg product production in 1998 was about 3.2 billion pounds. The increase in cost per pound of product associated with these proposed fees increases is $.00004. Even in competitive industries like meat, poultry, and egg products, this amount of increase in costs would have an insignificant impact on profits and prices. The industry is likely to pass through a significant portion of the fee increase to consumers because of the inelastic nature of the demand curve facing these firms. Research has shown that consumers are unlikely to reduce demand significantly for meat and poultry products, including egg products, when prices increase. Huang estimates that demand would fall by .36 percent for a one percent increase in price (Haung, Kao S., A Complete System of U.S. Demand for Food. USDA/ERS Technical Bulletin No. 1821, 1993, p.24). Because of the inelastic nature of demand and the competitive nature of the industry, individual firms are not likely to experience any change in market share to response to an increase in inspection fees. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This final rule:

(1)Preempts State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. However, the administrative procedures specified in 9 CFR 306.5, 381.35, and 590.320 through 590.370, respectively, must be exhausted before any judicial challenge of the application of the provisions of this proposed rule, if the challenge involves any decision of an FSIS employee relating to inspection services provided under FMIA, PPIA, or EPIA. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to better ensure that minorities, women, and persons with disabilities are aware of this final rule, FSIS will announce and provide copies of this **Federal Register** publication in the *FSIS Constituent Update.* FSIS provides a weekly *FSIS Constituent Update* via fax to over 300 organizations and individuals. In addition, the update is available on line through the FSIS web page located at *http://www.fsis.usda.gov.* The update is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls, and any other types of information that could affect or would be of interest to our constituents/stakeholders. The constituent fax list consists of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals that have requested to be included. Through these various channels, FSIS is able to provide information to a much broader, more diverse audience than would be otherwise possible. For more information or to be added to the constituent fax list, fax your request to the Congressional and Public Affairs Office, at

(202)720-5704. List of Subjects 9 CFR Part 391 Fees and charges, Government employees, Meat inspection, Poultry products. 9 CFR Part 590 Eggs and egg products, Exports, Food labeling, Imports. For the reasons set forth in the preamble, FSIS is amending 9 CFR chapter III as follows: PART 391—FEES AND CHARGES FOR INSPECTION AND LABORATORY ACCREDITATION 1. The authority citation for part 391 continues to read as follows: Authority: 7 U.S.C. 138f; 7 U.S.C. 394, 1622 and 1624; 21 U.S.C. 451 *et. seq.* ; 21 U.S.C. 601-695; 7 CFR 2.18 and 2.53. 2. Sections 391.2, 391.3, and 391.4 are revised to read as follows: § 391.2 Base time rate. The base time rate for inspection services provided pursuant to §§ 350.7, 351.8, 351.9, 352.5, 354.101, 355.12, and 362.5 is $38.44 per hour per program employee. § 391.3 Overtime and holiday rate. The overtime and holiday rate for inspection services provided pursuant to §§ 307.5, 350.7, 351.8, 351.9, 352.5, 354.101, 355.12, 362.5 and 381.38 is $41.00 per hour per program employee. § 391.4 Laboratory services rate. The rate for laboratory services provided pursuant to §§ 350.7, 351.9, 352.5, 354.101, 355.12, and 362.5 is $60.44 per hour per program employee. PART 590—INSPECTION OF EGGS AND EGG PRODUCTS (EGG PRODUCTS INSPECTION ACT) 3. The authority citation for part 590 continues to read as follows: Authority: 21 U.S.C. 1031-1056. 4. Section 590.126 is revised to read as follows: § 590.126 Overtime inspection service. When operations in an official plant require the services of inspection personnel beyond their regularly assigned tour of duty on any day or on a day outside the established schedule, such services are considered as overtime work. The official plant must give reasonable advance notice to the inspector of any overtime service necessary and must pay the Agency for such overtime at an hourly rate of $41.00. 5. In § 590.128, paragraph

(a)is revised to read as follows: § 590.128 Holiday inspection service.

(a)When an official plant requires inspection service on a holiday or a day designated in lieu of a holiday, such service is considered holiday work. The official plant must, in advance of such holiday work, request the inspector in charge to furnish inspection service during such period and must pay the Agency for such holiday work at an hourly rate of $41.00. Done at Washington, DC, on: October 3, 2000. Thomas J. Billy, Administrator. [FR Doc. 00-25945 Filed 10-4-00; 3:37 pm]

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