Unknown. Final rule

5,382 words·~24 min read·/register/2002/03/11/02-5368

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-2002-03-11.xml --- 67 47 Monday, March 11, 2002 Contents Agricultural Agricultural Marketing Service RULES Practice and procedure: Marketing agreements and orders, petitions, etc.; proceedings, 10827-10830 02-5368 PROPOSED RULES Spearmint oil produced in Far West, 10848-10853 02-5686 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service See Natural Resources Conservation Service See Rural Utilities Service Antitrust Antitrust Division NOTICES National cooperative research notifications:

New Productivity Initiative, Inc., 10933 02-5757 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation NOTICES Agency information collection activities: Proposed collection; comment request, 10885 02-5762 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities:

Proposed collection; comment request, 10895-10896 02-5779 Defense Defense Department See Engineers Corps Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 10896-10897 02-5797 Submission for OMB review; comment request, 10897 02-5798 Employment Employment and Training Administration NOTICES NAFTA transitional adjustment assistance: Corning Cable et al., 10933-10936 02-5570 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:

Paducah Gaseous Diffusion Plant, KY; water disposition activities, 10897-10898 02-5751 Meetings: National Petroleum Council, 10898 02-5750 Engineers Engineers Corps RULES Danger zones and restricted areas: Elizabeth River, Portsmouth, VA; Craney Island Refueling Station, 10843-10844 02-5654 PROPOSED RULES Danger zones and restricted areas: Lake Michigan, Sheboygan County, WI; Wisconsin Air National Guard live fire exercise area, 10866 02-5655 EPA Environmental Protection Agency RULES Air quality implementation plans:

Interstate ozone transport reduction— Nitrogen Oxides State Implementation Plan Call; electric generating units; seasonal heat input growth rates; response to remands in court cases, 10844-10845 02-5742 Toxic substances: Significant new uses— Perfluoroalkyl sulfonates, 11007-11013 02-5746 PROPOSED RULES Toxic substances: Significant new uses— Perfluoroalkyl sulfonates, 11013-11030 02-5747 NOTICES Agency information collection activities: Proposed collection; comment request, 10912-10914 02-5740 02-5745 Reporting and recordkeeping requirements, 10915 02-5741 02-5744 Water supply:

Public water supply supervision program— Arkansas, 10915-10916 02-5182 Executive Executive Office of the President See Trade Representative, Office of United States Export Export Administration Bureau NOTICES Export privileges, actions affecting: Infocom Corp., Inc. et al., 10890-10892 02-5670 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus; correction, 10969 C2-2926 SOCATA-Groupe AEROSPATIALE, 10831-10833 02-5526 Class E airspace, 10833-10843 02-5114 02-5116 02-5117 02-5118 02-5627 02-5628 02-5629 02-5630 02-5632 02-5633 02-5814 PROPOSED RULES Airworthiness directives:

Air Tractor, Inc., 10862-10864 02-5690 Textron Lycoming, 10859-10862 02-5691 Airworthiness standards: Special conditions— CAP Aviation Model 222 airplane, 10858-10859 02-5812 Eclipse Aviation Corp. Model 500 airplane, 10857-10858 02-5811 Class E airspace, 10864-10865 02-5813 NOTICES Meetings: Aviation Rulemaking Advisory Committee, 10965 02-5789 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-rural high-cost support mechanism; comprehensive review, 10846 02-5675 Digital television stations; table of assignments:

South Carolina, 10846-10847 02-5708 PROPOSED RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-rural high-cost support mechanism; comprehensive review, 10867-10871 02-5676 Satellite communications— Non-geostationary satellite orbit, fixed satellite service in Ka-band; licensing conditions; correction, 10969 C2-5081 Digital television stations; table of assignments: Michigan, 10871-10872 02-5709 Radio stations; table of assignments: North Carolina, 10872-10873 02-5710 NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 10916-10918 02-5677 Submission for OMB review; comment request, 10918-10919 02-5784 Common carrier services: Equal access and nondiscrimination obligations applicable to local exchange carriers; review, 10919-10920 02-5673 Meetings: Technological Advisory Council, 10920 02-5674 Rulemaking proceedings; petitions filed, granted, denied, etc., 10920-10921 02-5678 02-5679 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 10921 02-5859 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:

Niagara Mohawk Power Corp. et al., 10903 02-5697 Northwest Pipeline Corp., 10903-10904 02-5694 Meetings: Public utility market-based rate authorizations; terms and conditions; investigation, 10904-10907 02-5693 Meetings; Sunshine Act, 10907-10910 02-5852 Practice and procedure: Federal Energy Regulatory Records Information System, 10910-10912 02-5717 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 10898-10899 02-5725 02-5727 Columbia Gulf Transmission Co., 10899 02-5723 Constellation Power Source, Inc., 10899 02-5720 Dominion Transmission, Inc., 10899-10900 02-5726 East Tennessee Natural Gas Co., 10904 02-5695 Florida Gas Transmission Co., 02-5730 10900-10901 02-5731 Horizon Pipeline Co., L.L.C., 02-5728 10901 02-5729 Jefferson Island Storage & Hub L.L.C., 10901-10902 02-5722 Northwest Pipeline Corp., 10902 02-5724 Public Utility District No. 2 of Grant County, WA, 10902 02-5696 Steuben Gas Storage Co., 10902-10903 02-5719 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

San Joaquin County, CA, 10965-10966 02-5758 Westchester County, NY, 10966 02-5759 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 10921 02-5829 Permissible nonbanking activities, 10921 02-5772 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— San Francisco lessingia and Raven's manzanita, 10924-10925 02-5689 Meetings: Klamath River Basin Fisheries Task Force, 02-5687 10925-10926 02-5688 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.:

Catfish, common or usual names; Agriculture et al. Appropriations Act of 2002; section 775 implementation; correction, 10922 02-5666 Food Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission— Food Labeling Committee, 10885-10886 02-5761 Forest Forest Service NOTICES Environmental statements; notice of intent: Tahoe National Forest, CA, 10886-10888 02-5773 Meetings: Resource Advisory Committees— Central Idaho, 10888 02-5774 Colville, 10888 02-5700 Siskiyou County, 10888 02-5701 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 02-5667 10922-10924 02-5668 Indian Indian Affairs Bureau NOTICES Land acquisitions into trust: Wyandotte Tribe of Oklahoma, 10926 02-5760 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Creatine monohydrate from— China, 10892-10893 02-5777 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments:

Hunter, Kenneth H., Jr., et al., 10930-10931 02-5671 Muro, Arturo C., et al., 10931 02-5672 Quemetco, Inc., et al., 10931-10932 02-5754 Texas Petrochemicals Corp., 10932 02-5756 Transcontinental Gas Pipe Line Corp., 10932-10933 02-5753 Williams Field Services Co. et al., 10933 02-5755 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent: Daniel Boone National Forest, KY; correction, 10969 C2-4147 Mine Mine Safety and Health Administration RULES Coal mine safety and health:

Underground mines— Electric motor-driven mine equipment and accessories and high-voltage longwall equipment standards, 10971-11005 02-4863 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Planetary Protection Advisory Committee, 10936 02-5715 Space Science Advisory Committee, 10936 02-5716 Patent licenses; non-exclusive, exclusive, or partially exclusive: Enduro Medical Technology, Inc., 10936-10937 02-5713 Instrumentation Technology Associates, Inc., 10937 02-5714 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings;

Sunshine Act, 10937 02-5889 National Highway National Highway Traffic Safety Administration PROPOSED RULES Fuel economy standards: Alternative fuel vehicles; automotive fuel economy manufacturing incentives, 10873-10884 02-5790 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 10847 02-5770 NOTICES Antarctic Marine Living Resources Convention Act of 1984; conservation and management measures, 10893-10894 02-5771 Meetings:

Caribbean Fishery Management Council, 10895 02-5618 National Park National Park Service NOTICES National Register of Historic Places: National Historic Landmarks; boundaries, 10926 02-5705 Pending nominations, 10926-10928 02-5704 02-5706 National Science National Science Foundation NOTICES Meetings: Business and Operations Advisory Committee, 10937 02-5707 Reports and guidance documents; availability, etc.: National origin discrimination as it affects limited English proficient persons; prohibition; policy guidance to Federal financial assistance recipients, 10938-10939 02-5616 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:

Shammack Creek Watershed, MS, 10889 02-5752 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Nevada and Minnesota, 10853-10856 02-5763 NOTICES Meetings: Nuclear Waste Advisory Committee, 10939-10940 02-5764 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of the United States Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration Railroad Railroad Retirement Board NOTICES Agency information collection activities:

Submission for OMB review; comment request, 10940 02-5702 Meetings; Sunshine Act, 10940 02-5838 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Imperial Irrigation District Water Conservation and Transfer Project, CA, 10928-10930 02-5776 RUS Rural Utilities Service RULES Rural development: Distance Learning and Telemedicine Loan and Grant Program, 10830-10831 02-5733 NOTICES Environmental statements; availability, etc.: East Kentucky Power Association, 10889 02-5685 Georgia Transmission Corp., 10889-10890 02-5734 Grants and cooperative agreements; availability, etc.:

Distance Learning and Telemedicine Loan and Grant Program, 10890 02-5732 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 10941-10942 02-5815 National Association of Securities Dealers, Inc., 10942-10964 02-5782 02-5783 02-5816 02-5817 State State Department NOTICES Art objects; importation for exhibition: Art and Politics of Arthur Szyk, 10964 02-5769 Cultural property: Guatemala; archaeological objects and materials from Pre-Columbian cultures; import restrictions; memorandum of understanding with U.S., 10964 02-5767 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 10930 02-5669 Trade Trade Representative, Office of the United States NOTICES African Growth and Opportunity Act; implementation: Cameroon; benefits eligibility determination, 10964-10965 02-5766 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Veterans Veterans Affairs Department PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.:

De novo review; time limit for requests, 10866-10867 02-5785 NOTICES Agency information collection activities: Submission for OMB review; comment request, 10966-10968 02-5786 02-5787 02-5788 Separate Parts In This Issue Part II Labor Department, Mine Safety and Health Administration, 10971-11005 02-4863 Part III Environmental Protection Agency, 11007-11030 02-5746 02-5747 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.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 47 Monday, March 11, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 900 and 1200 [AMS-02-001] Rules of Practice AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule.

SUMMARY: The Agricultural Marketing Service

(AMS)of the United States Department of Agriculture

(USDA)is amending the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders and the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs. AMS also is amending the Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders and the Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order. This final rule amends the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders and the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs: To provide that transcripts and exhibits do not have to be kept on file in the Office of the Hearing Clerk during the active status of a proceeding; to provide that transcripts may be obtained at the cost of duplication; to provide that the date of filing an appeal petition is the date the appeal petition is filed with the Hearing Clerk; to eliminate the postmark as an effective date of filing documents or papers; to provide that when the time for filing a document or paper expires on a Saturday, the time allowed for filing the document or paper shall be extended to include the following business day; and to provide that the time for filing a motion to dismiss or an answer is within 30 days after the service of the petition. This rule also amends the Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders and the Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order to provide that: Transcripts may be obtained at the cost of duplication; to eliminate the postmark as an effective date of filing documents or papers; to provide that when the time for filing a document or paper expires on a Saturday, the time allowed for filing the document or paper shall be extended to include the following business day. AMS also is making a number of minor and non-substantive changes for clarity and uniformity of style. These amendments are necessary in order to expedite proceedings and save the United States and those who participate in the proceedings time and money. EFFECTIVE DATE: March 11, 2002. FOR FURTHER INFORMATION CONTACT: Martha Ransom, Chief, Research and Promotion Branch, F&V, AMS, USDA, Stop 0244, 1400 Independence Avenue, SW, Room 2535-S, Washington, DC 20250-0244, telephone

(202)720-9915, fax

(202)205-2800, e-mail *martha.ransom@usda.gov.* SUPPLEMENTARY INFORMATION: Background Availability of Transcripts and Evidence Section 900.60(f)(1) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders (7 CFR 900.60(f)(1)) and section 1200.52(d) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs (7 CFR 1200.52(d)), by cross-reference to section 900.60(f)(1), provide that during the period in which proceedings under the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders (7 CFR 900.50 through 900.71) and proceedings under the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs (7 CFR 1200.50 through 1200.52) have an active status, the transcripts and exhibits shall be kept on file in the Office of the Hearing Clerk, where they shall be available for examination during official hours of business. Thereafter, the transcripts and exhibits shall be made available by the Hearing Clerk for examination during official hours of business after prior request and reasonable notice to the Hearing Clerk. AMS is removing this provision. During the “active status” of these litigation proceedings, it is impracticable to keep the transcripts and exhibits on file in the Office of the Hearing Clerk during official hours of business because they are used by administrative law judges to prepare the initial decisions and by the Judicial Officer to prepare final decisions. AMS also is amending section 900.60(f)(2) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders (7 CFR 900.60(f)(2)); section 1200.52(d) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs (7 CFR 1200.52(d)), by cross-reference to section 900.60(f)(2); section 900.11(b) of the Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders (7 CFR 900.11(b)); and section 1200.12(b) of the Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order (7 CFR 1200.12(b)). All of these sections provide that if a personal copy of a transcript is desired, the copy may be obtained on written application filed with the reporter and upon payment of any fees. These sections are not consistent with section 11 of the Federal Advisory Committee Act (5 U.S.C. app. at 6 (2000)) which requires that agencies make copies of transcripts of agency proceedings available to any person at actual cost of duplication. Therefore, AMS is amending these sections to provide that transcripts of proceedings shall be made available to any person at actual cost of duplication. Transmission of Appeal Petitions Section 900.65(a) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders (7 CFR 900.65(a)) and section 1200.52(d) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs (7 CFR 1200.52(d)), by cross-reference to section 900.65(a), provide that an appeal from an administrative law judge's initial decision must be transmitted to the Hearing Clerk within 30 days after service of the initial decision. AMS is amending this provision to require that appeal petitions must be filed with the Hearing Clerk within 30 days after service of the initial decision. This amendment is necessary because, depending upon the method of transmission, the date of transmission may be difficult to discern; whereas documents filed with the Hearing Clerk are stamped with the date and time of filing. Effective Date of Filing AMS is amending section 900.69(d) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders (7 CFR 900.69(d)); section 1200.52(d) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs (7 CFR 1200.52(d)), by cross-reference to section 900.69(d); section 900.15(c) of the Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders (7 CFR 900.15(c)); and section 1200.17(c) of the Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order (7 CFR 1200.17(c)). All of these sections provide that any document or paper, except a petition, shall be deemed to have been filed when it is postmarked or received by the Hearing Clerk. AMS is amending this provision to provide that a document or paper will only be deemed to be filed when it is received by the Hearing Clerk. Under the current provision, a document or paper which has a timely postmark is timely-filed even if the document or paper is received by the Hearing Clerk after the time for filing. The use of the postmark to determine timeliness causes uncertainty. The Hearing Clerk must wait for days after a document or paper is required to be filed before notifying the other parties, the administrative law judge, or the Judicial Officer that a document or paper has not been timely-filed. Moreover, at least theoretically, the Hearing Clerk can never be absolutely certain that a document or paper is not timely because the Hearing Clerk may never receive a document or paper with a timely postmark. Therefore, in order to provide certainty and a single method for determining the effective date of filing, we are eliminating the provision under which documents or papers are deemed to be filed when postmarked. Any party who believes that he or she has not been allowed sufficient time for a document or paper to be received by the Hearing Clerk may move for an extension of time for filing the document or paper. Computation of Time for Filing AMS is amending section 900.69(e) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders (7 CFR 900.69(e)); section1200.52(d) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs (7 CFR 1200.52(d)), by cross-reference to section 900.69(e); section 900.15(d) of the Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders (7 CFR 900.15(d)); and section 1200.17(d) of the Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order (7 CFR 1200.17(d)). All of these sections provide that Sundays and Federal holidays shall be included in computing time allowed for filing any document or paper, and that when the time for filing expires on a Sunday or Federal holiday, the time for filing shall be extended to include the next following business day. AMS is amending these sections to make it clear that each day, including Saturdays, Sundays, and legal public holidays, is included in computing time allowed for filing any document or paper. Further, because the Hearing Clerk's office is now closed on Saturdays, we are amending these sections to provide that when the time for filing a document or paper expires on a Saturday, the time allowed for filing the document or paper shall be extended to include the following business day. Time for Filing a Motion To Dismiss or Answer AMS is amending sections 900.52(c)(1) (7 CFR 900.52(c)(1)) and 900.52a(a) (7 CFR 900.52a(a)) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders and section 1200.52(c) (7 CFR 1200.52(c)) and section 1200.52(d) (7 CFR 1200.52(d)) of the Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Education Programs, by cross-reference to section 900.52a(a). These sections provide that the Administrator may file a motion to dismiss or an answer within 30 days after the filing of a petition. AMS is amending these provisions to provide that the AMS Administrator may file a motion to dismiss or an answer within 30 days after the service of the petition. Under the current provisions, there is no way to determine with certainty when the petition is received by the Administrator from the Hearing Clerk's office. Theoretically, under the current provisions, the Administrator can receive the petition from the Hearing Clerk's office after the 30-day period to file a motion to dismiss or an answer has elapsed. Therefore, in order to provide certainty and to ensure that the Administrator receives the petition in sufficient time to file a motion to dismiss or an answer, we are amending these provisions to provide that a motion to dismiss or an answer may be filed within 30 days after the service of the petition. Minor and Non-substantive Changes AMS also is making a number of minor and non-substantive changes. Specifically, AMS is:

(1)Correcting an incorrect cross-reference in 7 CFR 900.51(j);

(2)making editorial changes in 7 CFR 900.2(d), 7 CFR 900.51(d), 7 CFR 900.51(o), 7 CFR 900.52(b), 7 CFR 900.52(c)(2), 7 CFR 900.52a(a), 7 CFR 900.62(c), 7 CFR 900.64, 7 CFR 900.68, 7 CFR 900.70(a), 7 CFR 1200.2(e), and 7 CFR 1200.51(e) for clarity, to correct typographical errors, and for uniformity of style;

(3)eliminating gender-specific references in 7 CFR 900.2(c), 7 CFR 900.2(e), 7 CFR 900.51(c), 7 CFR 900.51(e), and 7 CFR 900.52(c)(1);

(4)eliminating the following provisions which have been reserved, 7 CFR 900.2(f), 7 CFR 900.51(f), 7 CFR 900.51(n), and 7 CFR 900.60(e); and

(5)eliminating the definition of the **Federal Register** in 7 CFR 900.51(g) which is not used in the Rules of Practice Governing Proceedings or Petitions To Modify or To Be Exempted From Marketing Orders. This rule amends provisions of the rules of practice governing the conduct of certain proceedings under Marketing Agreements and Orders, and under Research, Promotion, and Education Programs. Therefore, pursuant to section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553, it is exempt from the APA's notice and comment requirements. In addition, this rule is exempt from the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* Executive Orders 12866 and 12988 This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by OMB. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule 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 proceedings which must be exhausted before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects 7 CFR Part 900 Administrative practice and procedure, Freedom of information, Marketing agreements, Reporting and recordkeeping requirements. 7 CFR Part 1200 Administrative practice and procedure, Blueberries, Cotton, Dairy, Eggs, Fluid milk, Honey, Marketing agreements, Mushrooms, Peanuts, Popcorn, Pork, Potatoes, Soybeans, Watermelons. For the reasons stated in the preamble, 7 CFR parts 900 and 1200 are amended as follows: PART 900—GENERAL REGULATIONS Subpart—Rules of Practice and Procedure Governing Procedures on Petitions To Formulate Marketing Agreement and Marketing Orders 1. The authority citation for Subpart—Rules of Practice and Procedure Governing Proceedings on Petitions To Formulate Marketing Agreements and Marketing Orders is revised to read as follows: Authority: 7 U.S.C. 610. 2. Amend § 900.2 as follows: a. Paragraph

(c)is amended by removing the words “in his stead” and adding the words “for the Secretary” in their place. b. Paragraph

(d)is amended by removing the words “terms Administrative Law Judge or Judge” and adding the words “term *judge* ” in their place. c. Paragraph

(e)is revised to read as set forth below. d. Paragraph

(f)is removed. § 900.2 Definitions.

(e)The term *Administrator* means the Administrator of the Agricultural Marketing Service or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act for the Administrator. 3. In § 900.11, paragraph

(b)is revised to read as follows: § 900.11 Copies of the transcript.

(b)Transcripts of hearings shall be made available to any person at actual cost of duplication. 4. In § 900.15, paragraphs

(c)and

(d)are revised to read as follows: § 900.15 Filing; extensions of time; effective date of filing; and computation of time.

(c)*Effective date of filing.* Any document or paper required or authorized in this subpart to be filed shall be deemed to be filed at the time it is received by the Hearing Clerk.

(d)*Computation of time.* Each day, including Saturdays, Sundays, and legal public holidays, shall be included in computing the time allowed for filing any document or paper: Provided, That when the time for filing a document or paper expires on a Saturday, Sunday, or legal public holiday, the time allowed for filing the document or paper shall be extended to include the following business day. Subpart—Rules of Practice Governing Procedures on Petitions To Modify or To Be Exempted From Marketing Orders 5. The authority citation for Subpart—Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders is revised to read as follows: Authority: 7 U.S.C. 608c. 6. Amend § 900.51 as follows: a. Paragraph

(c)is amended by removing the words “in his stead” and adding the words “for the Secretary” in their place. b. Paragraph

(d)is amended by removing the words “terms *administrative law judge* or” and adding the word “term” in their place. c. Paragraph

(e)is revised to read as set forth below. d. Paragraph

(j)is revised to read as set forth below. e. Paragraph

(o)is amended by removing the word “rules” and adding the word “rulings” in its place. § 900.51 Definitions.

(j)The term *proceeding* means a proceeding before the Secretary arising under section 8c(15)(A) of the Act. § 900.52 [Amended] 7. Amend § 900.52 as follows: a. Paragraphs (b)(2), (b)(3), and (b)(4) are amended by adding the word “marketing” immediately after the words “provisions of the”. b. Paragraph (c)(1) is amended by removing the word “he” and adding the words “the Administrator” in its place; by removing the words “the filing” and adding the words “the service” in their place; and by removing the word “his”. c. In paragraph (c)(2), the paragraph heading is amended by removing the words “ *Administrative Law* ” and adding the word “ *the* ” in their place. § 900.52a [Amended] 8. In § 900.52a, paragraph

(a)is amended by removing the words “the filing” and adding the words “the service” in their place, and by removing the words “administrative law judge” and adding the word “Judge” in their place. 9. Amend § 900.60 as follows: a. Remove paragraph (e). b. Redesignate paragraph

(f)as paragraph

(e)and revise newly designated paragraph

(e)to read as follows. § 900.60 Oral hearings before judge.

(e)*Transcript.* Transcripts of hearings shall be made available to any person at actual cost of duplication. § 900.62 [Amended] 10. In § 900.62, paragraph (c), the second sentence is amended by removing the word “postoffice” and adding the words “post office” in its place. § 900.64 [Amended] 11. Amend § 900.64 as follows: a. The section heading is amended by removing the words “Administrative Law”. b. Paragraph heading

(c)is amended by removing the words “ *Administrative Law* ”. § 900.65 [Amended] 12. In § 900.65, paragraph (a), the first sentence is amended by removing the words “by transmitting an appeal petition to the hearing clerk” and adding the words “by filing an appeal petition with the Hearing Clerk” in their place. § 900.68 [Amended] 13. Amend § 900.68 as follows: a. In § 900.68, the section heading is amended by removing the word “Applications” and adding the word “Petitions” in its place. b. In paragraph (a)(1), the first sentence is amended by removing the words “An application” and adding the words “A petition” in their place. 14. In § 900.69, paragraphs

(d)and

(e)are revised to read as follows: § 900.69 Filing; service; extensions of time; effective date of filing; and computation of time.

(d)*Effective date of filing.* Any document or paper required or authorized in this subpart to be filed shall be deemed to be filed at the time it is received by the Hearing Clerk.

(e)*Computation of time.* Each day, including Saturdays, Sundays, and legal public holidays, shall be included in computing the time allowed for filing any document or paper: *Provided,* That when the time for filing a document or paper expires on a Saturday, Sunday, or legal public holiday, the time allowed for filing the document or paper shall be extended to include the following business day. § 900.70 [Amended] 15. In § 900.70, paragraph

(a)is amended by removing the word “or” immediately after the word “Secretary” and adding the word “for” in its place. PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND EDUCATION PROGRAMS 16. The authority citation for part 1200 is revised to read as follows: Authority: 7 U.S.C. 2111, 2620, 2713, 4509, 4609, 4814, 4909, 6106, 6306, 6410, 7418, and 7486. 17. Amend § 1200.2 as follows: a. Paragraph

(a)is amended by removing the following references, “the Floral Research and Consumer Information Act, Pub. L. 97-98, 97th Cong., approved December 22, 1981, 7 U.S.C. 4301-4319;” and “the Wheat and Wheat Foods Research and Nutrition Education Act, Pub. L. 95-113, 95th Cong., approved September 29, 1977, 7 U.S.C. 3401-3417;”. b. Paragraph

(e)is revised to read as set forth below. § 1200.2 Definitions.

(b)is revised to read as follows: § 1200.12 Copies of the transcript.

(b)Transcripts of hearings shall be made available to any person at actual cost of duplication. 19. In § 1200.17, paragraphs

(c)and

(d)are revised as follows: § 1200.17 Filing, extension of time, effective date of filing, and computation of time.

(c)*Effective date of filing.* Any document or paper required or authorized in this subpart to be filed shall be deemed to be filed at the time it is received by the Hearing Clerk.

(d)*Computation of time.* Each day, including Saturdays, Sundays, and legal public holidays, shall be included in computing the time allowed for filing any document or paper: *Provided,* That when the time for filing a document or paper expires on a Saturday, Sunday, or legal public holiday, the time allowed for filing the document or paper shall be extended to include the following business day. 20. In § 1200.51, paragraph

(e)is revised to read as set forth below. § 1200.51 Definitions.

(c)is amended by removing the words “the filing” and adding the words “the service” in their place. Dated: March 1, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-5368 Filed 3-8-02; 8:45 am]

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