Unknown. Interim final rule with request for comments

4,699 words·~21 min read·/register/2001/05/23/01-12935

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2001-05-23.xml --- 66 100 Wednesday, May 23, 2001 Contents Administration Administration on Aging See Aging Administration Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: American Indian Tribes impacted by releases from Hanford Nuclear Reservation; program to build health capacity, 28512-28513 01-12940 Soil-Pica, Soil-Ingestion, and Health Outcome Investigation Site-Specific Healh Activities, 28514 01-12941 Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.:

National Legal Assistance and Elder Rights Projects, 28514 01-13010 Agricultural Agricultural Marketing Service RULES Tobacco inspection: Permissive inspection and certification; fees and charges, 28359-28361 01-12935 NOTICES Grants and cooperative agreements; availability, etc.: Organic Certification Cost Share Program, 28419 01-12937 Meetings: Flue-Cured Tobacco Advisory Committee, 28419 01-12936 Agriculture Agriculture Department See Agricultural Marketing Service Air Force Air Force Department NOTICES Meetings:

Scientific Advisory Board, 28426 01-13006 01-13007 Antitrust Antitrust Division NOTICES National cooperative research notifications: Asymmetrical Digital Subscriber Line Forum, 28545-28546 01-13035 01-13039 Industrial Macromolecular Crystallography Association, 28546 01-13034 Multiservice Switching Forum, 28546-28547 01-13037 National Center for Manufacturing Sciences, Inc., 28547 01-13033 nLine Corp., 28545 01-13040 Petroleum Environmental Research Forum, 28547-28548 01-13030 Portland Cement Association, 28548 01-13032 SNP Consortium Ltd., 28548 01-13038 VSI Alliance, 28548-28549 01-13036 Wireless Application Protocol Forum, Ltd., 28549 01-13031 Army Army Department NOTICES Environmental statements; availability, etc.:

Fort Knox, KY; Northern Training Complex; multi-purpose digital training range and expanded maneuver areas, drop zones, and loading zones, 28426-28427 01-12981 Historical properties protection; alternate Army procedures, 28427-28428 01-13008 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Directly observed treatment, short-course strategy by private sector in Philippines; development and implementation, 28514-28516 01-12985 Epilepsy public awareness and partnership, education, and communication; inititives to develop and implement enhancement progams, 28516-28518 01-12983 National programs to promote physical activity among youth, 28518-28522 01-12984 West Nile virus; applied research in emerging infections investigations, 28522-28525 01-12982 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Adoption Opportunities Program et al.; correction, 28525 01-13044 Coast Guard Coast Guard RULES Ports and waterways safety: Chicago Harbor, IL; safety zone, 28374-28375 01-12978 Newport Naval Station, RI; safety and security zones, 28372-28374 01-12977 Safety zones and security zones, etc.; list of temporary rules, 28370-28372 01-12976 NOTICES Environmental statements; availability, etc.: Great Lakes icebreaking operations, 28592 01-12980 Commerce Commerce Department See Export Administration Bureau See International Trade Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Columbia, 28424 01-13023 Oman, 28425 01-13021 Russia, 28425-28426 01-13022 Comptroller Comptroller of the Currency NOTICES National banks: Preemption determinations— Michigan Financial Institutions Bureau; Michigan statute limiting loans to finance motor vehicle sales, 28593-28596 01-12946 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 28426 01-13175 01-13176 Defense Defense Department See Air Force Department See Army Department Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 01-12947 28428-28429 01-12948 Submission for OMB review; comment request, 28429 01-12949 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Teaching American History Program, 28429-28449 01-12931 Employment Employment and Training Administration NOTICES Adjustment assistance: Cabot Performance Materials, 28549 01-13005 Haggar Clothing Co., 28549 01-12998 Thomson Saginaw Ball et al., 28549-28550 01-13003 Grants and cooperative agreements; availability, etc.:

National Farmworkers Jobs Program, 28550-28553 01-13019 NAFTA transitional adjustment assistance: Bayer Corp., 28553 01-13004 Hill Knitting Mills, Inc. et al., 28553-28554 01-12997 Johnson & Johnson Medical, Inc., 28555 01-12996 01-13001 Phillips Electronics North America Corp., 28555 01-13000 Texler Co. et al., 28555-28557 01-13002 Warm Springs Forest Products Industries, 28557 01-12999 Employment Employment Standards Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 28557 01-13020 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 28450 01-13012 Rocky Flats, CO, 28450 01-13013 Natural gas exportation and importation: Energia Azteca X, S. de R.L. de C.V., 28450-28451 01-13014 H.Q. Energy Services (U.S.) Inc. et al., 28451 01-13011 EPA Environmental Protection Agency RULES Air programs: Strategic ozone protection— Ozone-depleting substances; substitutes list, 28379-28383 01-12893 Air programs; approval and promulgation;

State plans for designated facilities and pollutants: West Virginia, 28375-28379 01-12888 Hazardous waste program authorizations: Wisconsin; codification clarification, 28397-28399 01-12894 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Aspergillus flavus (AF36), 28383-28386 01-12900 Thiamethoxam, 28386-28397 01-12899 PROPOSED RULES Air programs: Stratospheric ozone protection— Ozone-depleting substances; substitute list, 28408-28410 01-12896 Air programs; approval and promulgation;

State plans for designated facilities and pollutants: West Virginia, 28408 01-12889 NOTICES Agency information collection activities: Proposed collection; comment request, 28461-28463 01-12892 01-12895 Submission for OMB review; comment request, 28463-28464 01-12898 Hazardous waste: Land disposal restrictions; exemptions— Chemical Waste Management, 28464-28466 01-12891 Meetings: Gulf of Mexico Program Citizens Advisory Committee, 28466 01-12897 Pesticide, food, and feed additive petitions:

BASF Corp., 28470-28478 01-12907 Interregional Research Project Number 4 (IR-4), 28479-28482 01-12906 Rohm & Haas Co., 28482-28487 01-12904 Pesticide registration, cancellation, etc.: E.I. duPont de Nemours & Co., 28466-28468 01-12905 Eastern Research Group, Inc., 28468-28469 01-12968 Triallate, 28469-28470 01-12903 Pesticides; experimental use permits, etc.: Greenville Farms, 28487 01-12902 Water pollution control: Marine sanitation device standard; petitions— Massachusetts, 28487-28488 01-12890 Missouri— Continuing planning process; availability, 28488 01-13047 Total maximum daily loads— Mermentau and Vermilion/Teche river basins, LA; determinations that TMDLs are not needed, 28488-28491 01-12886 01-12887 Export Export Administration Bureau NOTICES Export privileges, actions affecting:

Tal Industries, Inc., 28419-28421 01-13024 Farm Farm Credit Administration RULES Farm credit system: Federal Agricultural Mortgage Corporation; risk-based capital requirements, 28361 01-13071 FAA Federal Aviation Administration RULES Air carrier certification and operations: Flight crewmember flight time limitations and rest requirements; enforcement policy, Correction, 28369 01-12932 Airworthiness directives: General Electric Aircraft Engines, 28364-28368 01-12942 Honeywell, 28361-28364 01-12634 Class E airspace, 28368-28369 01-13049 PROPOSED RULES Airworthiness directives:

Bombardier, 28402-28404 01-12988 NOTICES Meetings: RTCA, Inc., 28592 01-13050 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Arkansas, 28399 01-12991 California, 28400 01-12992 Montana, 28399-28400 01-12990 PROPOSED RULES Common carrier services: Intercarrier compensation; reciprocal compensation, 28410-28418 01-12759 NOTICES Agency information collection activities: Submission for OMB review; comment request, 28491 01-12993 Federal Contract Federal Contract Compliance Programs Office NOTICES Government contracts and subcontracts:

Consent decree; decisions and orders— Giant Merchandising; debarment, 28557-28560 01-12995 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Public Service Co. of New Mexico et al., 28454-28458 01-12950 Environmental statements; availability, etc.: Pacific Gas & Electric, 28458 01-12951 Hydroelectric applications, 01-12952 28459-28461 01-12953 01-12954 *Applications, hearings, determinations, etc.:* Dominion Transmission, Inc., 28451-28452 01-12955 Eastern Shore Natural Gas Co., 28452 01-12957 Erie Boulevard Hydropower, L.P., 28452-28453 01-12960 01-12961 Gulf South Pipeline Co., L.P., 28453 01-12959 Northwest Pipeline Corp., 28453-28454 01-12958 Reliant Energy Gas Transmission Co., 28454 01-12956 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 28492 01-13062 Ocean transportation intermediary licenses:

AIF Services, Inc., 28492 01-13061 General Construction and Industrial Equipment, Inc., et al., 28492 01-13060 Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Proposed collection; comment request, 28493-28494 01-12971 Banks and bank holding companies: Change in bank control, 28370-28372 01-12976 Formations, acquisitions, and mergers, 28494 01-12969 Fish Fish and Wildlife Service NOTICES Meetings: Klamath River Basin Fisheries Task Force, 28538 01-13048 Food Food and Drug Administration NOTICES Food additive petitions:

Alcide Corp., 28525-28526 01-13068 Meetings: Vaccines and Related Biological Products Advisory Committee, 28526 01-13070 Reports and guidance documents; availability, etc.: Bioanalytical method validation, 28526-28527 01-12908 Mammography Quality Standards Act— Final regulations document No. 4; industry and agency guidance, 28527-28528 01-12909 Prescription Drug User Fee Act— PDUFA II five-year plan; 2001 FY update, 28528 01-13069 GAO General Accounting Office NOTICES *Applications, hearings, determinations, etc.:* Commercial Activities Panel; contracting out and outsourcing policies, 28494-28495 01-13051 GSA General Services Administration NOTICES Reports and guidance documents; availability, etc.:

Defibrillation programs in Federal facilities; public access guidelines, 28495-28511 01-12939 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Aging Administration See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Reports and guidance documents; availability, etc.: Defibrillation programs in Federal facilities; public access guidelines, 28495-28511 01-12939 Health Health Resources and Services Administration NOTICES Meetings:

National Health Service Corps National Advisory Council, 28528 01-12910 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office PROPOSED RULES Watches, watch movements, and jewelry: Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 28404-28407 01-12861 NOTICES Privacy Act: Systems of records, 28536-28538 01-12989 IRS Internal Revenue Service RULES Employment taxes and collection of income taxes at source:

Federal employment tax deposits; de minimis rule, 28370 01-12864 PROPOSED RULES Incomes taxes, etc.: Electronic payee statements Hearing cancelled, 28408 01-12737 Income taxes: Annuity contracts; debt instruments with original issue discount Hearing cancelled, 28407 01-12736 Corporations; liability assumptions in certain corporate transactions; cross-reference Hearing cancelled, 28407-28408 01-13064 NOTICES Agency information collection activities: Proposed collection; comment request, 28596-28597 01-13065 International International Trade Administration PROPOSED RULES Watches, watch movements, and jewelry:

Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 28404-28407 01-12861 NOTICES Antidumping: Circular welded non-alloy steel pipe from— Korea, 28422-28423 01-13052 Hot-rolled carbon steel products from— China, 28423-28424 01-13053 Antidumping and countervailing duties: Administrative reviews of orders and findings, 28421-28422 01-13054 International International Trade Commission NOTICES Import investigations: Ferrovandium and nitrided vanadium from— Russia, 28540-28541 01-12883 Softwood lumber from— Canada, 28541 01-13058 Steel concrete reinforcing bars from— Indonesia, 28541-28542 01-12884 Meetings:

Forum on issues relating to electronic filing and maintenance of documents, 28542-28543 01-12885 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments: Agway Inc., et al., 28543 01-13027 Atlantic Richfield Co., 28543-28544 01-13028 James, Raymond T., et al., 28544 01-13025 Shell Oil Co. et al., 28544-28545 01-13026 V-1 Oil Co., 28545 01-13029 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Federal Contract Compliance Programs Office See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Falcon to Gonder Project, NV, 28538-28539 01-12963 Environmental statements; notice of intent: Charles County, MD; Lower Potomac River project, 28539 01-12962 Survey plat filings: Nevada, 28539 01-12964 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Sidney Coal Co., Inc., et al., 28560-28565 01-13042 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 28567 01-12911 National National Institute for Literacy NOTICES Meetings:

Advisory Board, 28567 01-12994 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 28529 01-12912 Meetings: Advisory Committee to Director, 28529-28530 01-12914 01-12924 National Cancer Institute, 28530-28531 01-12915 01-12916 01-12917 National Center for Research Resources, 28531 01-12928 National Heart, Lung, and Blood Institute, 28531 01-12926 National Institute of Allergy and Infectious Diseases, 28532-28533 01-12918 01-12919 01-12920 01-12921 01-12922 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 28531-28532 01-12913 National Institute of Mental Health, 28534 01-12929 01-12930 National Institute on Alcohol Abuse and Alcoholism, 28533 01-12927 Scientific Review Center, 28534-28536 01-12923 01-12925 National Park National Park Service NOTICES Meetings:

Acadia National Park Advisory Commission, 28539-28540 01-13067 National Register of Historic Places: Pending nominations, 28540 01-13066 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 28567-28569 01-13016 01-13017 01-13018 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 28565-28567 01-13043 Postal Postal Service NOTICES Domestic rates, fees, and mail classifications:

Changes, 28569-28585 01-13063 Public Public Health Service See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 28587-28589 01-12934 *Applications, hearings, determinations, etc.:* Nations Fund Trust, et al, 28585-28587 01-12933 SBA Small Business Administration RULES New Markets Venture Capital Program Final rule and withdrawal of interim final rule, 28601-28632 01-12501 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 28589 01-13009 Social Social Security Administration NOTICES Benefit adjustments, 28589-28591 01-13131 State State Department NOTICES Meetings: International Telecommunication Advisory Committee, 28591 01-13148 Surface Surface Mining Reclamation and Enforcement Office RULES Abandoned mine land reclamation: Fee collection and coal production reporting; OSM-1 Form; electronic filing, 28633-28637 01-13057 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Coast Guard See Federal Aviation Administration RULES Workplace drug and alcohol testing programs:

Electronic reporting procedures; early compliance, 28400-28401 01-12484 NOTICES Aviation proceedings: Agreements filed; weekly receipts, 28591-28592 01-12975 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 28592-28593 01-13059 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 28597 01-12972 Human Research Protection Accreditation Program:

Standards availability, 28597-28598 01-12974 Means test thresholds; cost-of-living adjustments, 28598-28599 01-12973 Separate Parts In This Issue Part II Small Business Administration, 28601-28632 01-12501 Part III Department of Interior, Office of Surface Mining Reclamation and Enforcement, 28633-28637 01-13057 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. 66 100 Wednesday, May 23, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 29 [Docket No.

TB-00-04] RIN 0581-AB86 Tobacco Fees and Charges for Permissive Inspection and Certification; Fee Revisions AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: This rule revises the fee structure and increases fees for domestic permissive inspection and grading of tobacco. Under the Tobacco Inspection Act, fees collected must cover, as nearly as practicable, the Department's costs for performing the inspection service, including administrative and supervisory costs.

The fee for permissive inspection of tobacco at receiving points will be based upon poundage and will be set at the same rate as for mandatory inspection at auction, which is $.01 per pound. The fee for permissive inspection at redrying plants will continue to be on an hourly basis and will be increased by about 46 percent. These revisions do not affect the fee for the mandatory inspection of tobacco sold at designated auction markets or permissive export certification. DATES:

Effective May 24, 2001; comments received by June 22, 2001 will be considered prior to issuance of a final rule. ADDRESSES: Send comments to John P. Duncan III, Deputy Administrator, Tobacco Programs, Agricultural Marketing Service (AMS), U.S. Department of Agriculture (USDA), Room 502 Annex Building, P.O. Box 96456, Washington, DC 20090-6456; or Fax:

(202)205-0235. Comments will be made available for public inspection at this location during regular business hours. FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy Administrator, Tobacco Programs, AMS, USDA, Stop 0280, Room 502 Annex Building, P.O. Box 96456, Washington, D.C. 20090-6456; telephone:

(202)205-0567, Fax:

(202)205-0235. SUPPLEMENTARY INFORMATION: Permissive inspections, as authorized under the Tobacco Inspection Act (7 U.S.C. 511-511q), are made available to interested parties on a fee basis sufficient to cover the costs incurred by the Department for the inspection and certification, and other services, including administrative and supervisory costs. This rule revises the fee structure and increase fees for domestic permissive inspection and grading of tobacco. The AMS conducts reviews of the financial status of this program to determine whether a fee is sufficient. As a result of this review, it has been determined that, at the current fees, insufficient revenue is generated to meet the costs of the program and to maintain an adequate reserve fund. The current hourly fee schedule for domestic permissive inspection has been in effect since October 1, 1991, as published in the **Federal Register** (56 FR 41921) on August 26, 1991. The major factors causing the need for additional funds are increases in Government salaries and benefits, travel allowances, and overall administrative costs since 1991. The crop-year 2000 revenues for permissive inspection and certification services at redrying plants were $213,000 and obligations were $300,000. Without a fee increase, crop-year 2001 and crop-year 2002 revenues for permissive inspection and certification services at redrying plants are projected at about $213,000 per year and obligations are projected at about $300,000 per year, and with a fee increase, crop-year 2001 and crop-year 2002 revenues are projected at $312,000 and obligations are projected at $300,000. This interim final rule will increase the hourly rates charged to users of domestic permissive inspection and certification services performed at redrying plants by about 46 percent. The AMS estimates that the increase in the hourly rate will yield about an additional $100,000 during crop-year 2001 and maintain an adequate reserve. This rule also revises the fee structure for permissive inspection and certification at receiving points from an hourly basis to a poundage basis at the same rate as for mandatory inspection at auction. A poundage-basis structure is more appropriate for the permissive inspection of tobacco at receiving points. Although it is anticipated that 60-75 percent of the 2001 tobacco crop will be sold by direct contract, and that some of this will be permissively inspected at receiving points, it would be difficult to predict the number of pounds for which permissive inspection will be requested and the resulting revenues. However, based upon the experience of the AMS with mandatory inspection at auction, a fee of $.01 per pound is estimated to cover costs of $841,115 and an adequate reserve (assuming 120 million pounds of contract tobacco will be inspected in crop-year 2001 with revenue of $1,200,000). The costs to entities would be proportional to their use of the service so that costs are shared equitably by all interested parties. In the past, virtually all quota tobacco was marketed through the auction system under the mandatory inspection program. Mandatory inspection, as required under the Act, takes precedence over other services and fees are assessed based on the pounds graded. AMS has maintained a core grading staff for mandatory inspection and utilized personnel from this staff to provide permissive grading. Other than recertification services performed at redrying plants, only a small amount of tobacco was inspected under the permissive grading program. Consequently, overhead costs and a reserve fund for permissive inspection were covered by the mandatory inspection fees. However, tobacco marketing practices are changing. During the 2000 marketing year, tobacco companies implemented programs with producers to procure tobacco through direct contracting. Permissive grading services were requested for tobacco beginning in 2000. Tobacco companies also have indicated they will request increased permissive grading services for tobacco purchased directly from producers through contractual sales during the 2001 marketing year. It is anticipated that 60- 75 percent of the 2001 tobacco crop will be sold by contractual sales. With the projected increase in permissive grading requests from contractual tobacco sales, it is necessary for the permissive grading program to be self-supporting. The procedures for grading tobacco and the associated costs are virtually the same at both auction markets and receiving points. The National Advisory Committee for Tobacco Inspection Services, which is mandated by the Omnibus Budget Reconciliation Act of 1981, met on March 6, 2001, and unanimously recommended that the fee structure and rates for permissive inspection at receiving points be the same as for mandatory inspection at auction. Accordingly, the fee structure for permissive inspection at receiving points will be based on poundage and will be set at the same level as for mandatory inspection, which is $.01 per pound. It is also necessary to increase the hourly rates for permissive inspection and to specify that the hourly rates are for permissive inspection at redrying plants. In the past, virtually all permissive inspection was provided at redrying plants for grower cooperatives. These grading services involve confirming the grade previously assigned to tobacco sold on the auction markets to maintain blend consistency for the grower cooperatives. Accordingly, the hourly fee structure will be retained. However, as necessary, the hourly rate will be increased to recover costs. The base hourly rate of $32.40 is raised to $47.40, the overtime rate of $38.70 is raised to $53.70, and Sunday and holiday rate of $48.45 is raised to $64.45. These fees would cover expenses and maintain a reserve that would meet any reasonable contingency. The Department is required by law to fix and collect fees and charges to cover the Department s cost in operating the permissive tobacco inspection program. Finally, although the provisions are seldom used, the same changes in hourly rates are made for the inspection and certification of nonquota tobacco produced and marketed in a quota area, because this is a similar kind of permissive inspection. Further, it is hereby 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 tobacco marketing season will begin in June and this action is needed, as soon as possible, so as to treat all types of tobacco on an equal basis,

(2)the National Advisory Committee for Tobacco Inspection Services unanimously recommended that the fee structure and rates for permissive inspection at receiving points be the same as for mandatory inspection at auction, and

(3)this interim final rule provides a 30-day comment period, which is considered appropriate in this action, and all comments timely received will be considered prior to the finalization of this rule. Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866, and therefore, has not been reviewed by the Office of Management and Budget. Regulatory Flexibility Act Pursuant to the requirements set forth in the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), full consideration has been given to the potential economic impact upon small business. Small agricultural producers have been defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $500,000 and small agricultural service firms are defined as those whose annual receipts are less than $5,000,000. There are about 300 tobacco warehouses and about 90,000 producers and almost all warehouses and producers may be classified as small entities. The AMS has determined that this action will not have a significant economic impact on a substantial number of small entities. This rule revises the fee structure and increases fees for domestic permissive grading of tobacco. Under the Tobacco Inspection Act of 1935, as amended (7 U.S.C. 511-511q), fees collected must cover, as nearly as practicable, the Department s cost for performing the inspection service, including administrative and supervisory costs. These revisions do not affect the fee for the mandatory inspection of tobacco sold at designated auction markets or permissive export certification. The AMS conducts reviews of the financial status of this program to determine whether the fee is sufficient. As a result of this review, it has been determined that, at the current fees, insufficient revenue is generated to meet the costs of the program and to maintain an adequate reserve fund. The major factors causing the need for additional funds are increases in Government salaries and benefits, travel allowances, and overall administrative costs since 1991. The crop-year 2000 revenues for permissive inspection and certification services at redrying plants were $213,000 and obligations were $300,000. Without a fee increase, crop-year 2001 and crop-year 2002 revenues for permissive inspection and certification services at redrying plants are projected at about $213,000 per year and obligations are projected at about $300,000 per year, and with a fee increase, crop-year 2001 and crop-year 2002 revenues are projected at $312,000 and obligations are projected at $300,000. This interim final rule will increase the hourly rates charged to users of domestic permissive inspection and certification services performed at redrying plants by about 46 percent. The AMS estimates that the increase in the hourly rate will yield about an additional $100,000 during crop-year 2001 and maintain an adequate reserve. This rule also revises the fee structure for permissive inspection and certification at receiving points from an hourly basis to a poundage basis at the same rate as for mandatory inspection at auction. The procedures for grading tobacco and associated costs are virtually the same at both auction markets and receiving points. The National Advisory Committee for Tobacco Inspection Services, which is mandated by the Omnibus Reconciliation Act of 1981, met on March 6, 2001, and unanimously recommended that the fee structure and rates for permissive inspection at receiving points be the same as for mandatory inspection at auction. Although it is anticipated that 60-75 percent of the 2001 tobacco crop will be sold by direct contract, and that some of this will be permissively inspected at receiving points, it would be difficult to predict the number of pounds for which permissive inspection will be requested and the resulting revenues. However, based upon the experience of the AMS with mandatory inspection at auction, a fee of $.01 per pound is estimated to cover the costs of $841,115 and an adequate reserve (assuming 120 million pounds of contract tobacco will be inspected in crop-year 2001 with the revenue of $1,200,000). The costs to entities would be proportional to their use of the service so that costs are shared equitably by all interested parties. Finally, although the provisions are seldom used, the same changes in hourly rates are made for the inspection and certification of nonquota tobacco produced and marketed in a quota area, because this is a similar kind of permissive inspection. These fees represent the minimum level needed to cover costs for the 2001 crop-year. In the future, AMS will continue to review the program to ensure that fees are adequate. Accordingly, we believe that the impact of this rule would not be significant on the users of the inspection and certification services. Civil Justice Reform This interim final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Lists of Subjects in 7 CFR Part 29 Administrative practice and procedure, Advisory committees, Government publications, Imports, Pesticides and pests, Reporting and recordkeeping requirements, Tobacco. For the reasons set forth in the preamble, 7 CFR part 29 is amended as follows: PART 29—TOBACCO INSPECTION Subpart B—Regulations 1. The authority citation for Part 29, subpart B continues to read as follows: Authority: 7 U.S.C. 511m and 511r. 2. In § 29.123, paragraph

(b)is revised to read as follows: § 29.123 Fees and charges.

(b)*Domestic permissive inspection and certification.*

(1)Fees and charges for inspection at redrying plants shall comprise the cost of salaries, travel, per diem, and related expenses to cover the cost of performing the service. Fees shall be for the actual time required to render the service calculated to the nearest 30-minute period. The hourly rate shall be $47.40 per hour. The overtime rate for service performed outside the inspector's regularly scheduled tour of duty shall be $53.70 per hour. The rate of $64.45 per hour shall be charged for work performed on Sundays and holidays. These same fees shall be applicable for hogshead, bale, cases or sample inspections.

(2)Fees and charges for inspection of tobacco performed at receiving points is $.01 per pound. Subpart F—Policy Statement and Regulations Governing the Identification and Certification of Nonquota Tobacco Produced and Marketed in a Quota Area 3. The authority citation for subpart F continues to read as follows: Authority: Pub. L. 97-98. 95 Stat. 1266, as amended (7 U.S.C. 1314f). § 29.9251 Fees and charges. 4. In § 29.9251 the words “$32.40”, “$38.70” and “$48.45” are removed and the words “$47.40” “$53.70” and “$64.45” are added in their place, respectively. Dated: May 17, 2001. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 01-12935 Filed 5-22-01; 8:45 am]

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