Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-03-14.xml --- 67 50 Thursday, March 14, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality National Advisory Council, 11485 02-6118 Agricultural Agricultural Marketing Service RULES Beef promotion and research, 11411-11413 02-6141 California Prune/Plum (Tree Removal) Diversion Program, 11384-11393 02-6098 Grapes grown in— California, 11399-11401 02-6145 Hazelnuts grown in— Oregon and Washington, 11406-11411 02-6147 Kiwifruit grown in— California, 11396-11399 02-6138 Melons grown in— Texas, 11403-11406 02-6140 Nectarines and peaches grown in— California, 11393-11396 02-6148 Onions grown in— Texas, 11401-11403 02-6146 Voluntary Federal seed testing and certification services and preliminary test reports; fees, 11383-11384 02-6142 PROPOSED RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 11450 02-6108 NOTICES Agency information collection activities:

Proposed collection; comment request, 11457-11458 02-6099 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food Safety and Inspection Service See Forest Service Air Force Air Force Department NOTICES Privacy Act: Systems of records, 11467-11469 02-6114 Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Nonregulated status determinations— Monsanto Co.; genetically engineered corn, 11458-11459 02-6135 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings:

Public Rights-of-Way Access Advisory Committee, 11462 02-6112 Centers Centers for Medicare & Medicaid Services Medicare: Skilled nursing facilities; prospective payment system and consolidated billing; update; correction, 11549 C1-18869 Children Children and Families Administration NOTICES Agency information collection activities: Proposed collection; comment request, 11485-11487 02-6120 02-6121 Grants and cooperative agreements; availability, etc.: Early Head Start, 11487-11512 02-5948 Coast Guard Coast Guard PROPOSED RULES Commercial vessels; liferaft servicing intervals Correction, 11549 C2-5211 Commerce Commerce Department See International Trade Administration Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.:

Agricultural Management Assistance, 11459-11461 02-6171 Defense Defense Department See Air Force Department RULES Acquisition regulations: Local 8(a) contractors preference; base closure or realignment, 11438 02-5951 Pilot Mentor-Protege Program, 11435 02-5950 Security functions at military installations or facilities, 11438-11439 02-5953 Small Business Administration and DOD; partnership agreement, 11435-11437 02-5952 Vessel propellers; acquisition restriction, 11437-11438 02-5949 PROPOSED RULES Acquisition regulations:

Commercial items— Contingent fees for foreign military sales; restriction, 11455-11456 02-5954 NOTICES Meetings: Historical Records Declassification Advisory Panel, 11466-11467 02-6116 Science Board, 11467 02-6115 02-6117 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 11469 02-6170 Meetings: Postsecondary Education Improvement Fund National Board, 11469-11470 02-6152 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Acquisition regulations:

Administrative changes and technical amendments, 11439-11442 02-5743 Air programs; State authority delegations: Washington, 11417-11424 02-5603 Superfund program: National oil and hazardous substances contingency plan— National priorities list; correction, 11424 02-5864 NOTICES Committees; establishment, renewal, termination, etc.: U.S. Government Representative to Commission for Environmental Cooperation— Governmental and National Advisory Committees, 11474-11475 02-6154 Pesticide, food, and feed additive petitions:

Aventis CropScience, 11476-11480 02-6156 Interregional Research Project (No. 4), 11480-11483 02-6158 Pesticide registration, cancellation, etc.: Aventis Environmental Science et al., 11475-11476 02-6157 Reports and guidance documents; availability, etc.: Information quality guidelines pursuant to OMB guidelines; comment request, 11483 02-6155 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES IFR altitudes, 11414-11417 02-6126 PROPOSED RULES Airworthiness directives:

McDonnell Douglas, 11453-11455 02-6097 Airworthiness standards: Special conditions— Liberty Aerospace Model XL-2 airplane, 11451-11453 02-6131 NOTICES Grants and cooperative agreements; availability, etc.: Airport Improvement Program, 11545-11546 02-6133 Meetings: Air Traffic Procedures Advisory Committee, 11546 02-6130 Passenger facility charges; applications, etc.: Fayetteville Regional Airport, NC, 11546-11547 02-6128 Roberts Field, OR, 11547 02-6132 FCC Federal Communications Commission RULES Common carrier services:

Wireless telecommunications services— Rural service areas licensing; competitive bidding rules, 11425-11434 02-6110 NOTICES Meetings: 2003 World Radiocommunications Conference Advisory Committee, 11483 02-6111 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Frederickson Power L.P. et al., 11470-11473 02-6100 New Power Co. et al., 11473-11474 02-6101 *Applications, hearings, determinations, etc.:* Northern Natural Gas Co., 11470 02-6102 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 11484 02-6172 Formations, acquisitions, and mergers, 11484 02-6094 Permissible nonbanking activities, 11483-11484 02-6173 Fish Fish and Wildlife Service RULES Endangered and threatened species: Desert yellowhead, 11442-11449 02-6134 Food Food and Drug Administration NOTICES Agency information collection activities: Proposed collection; comment request, 11512-11513 02-6095 Biological product licenses: Ashford Blood Bank, Inc.; revocation, 11513-11514 02-6096 Food Food Safety and Inspection Service RULES Meat and poultry inspection:

Transglutaminase enzyme and pork collagen use as binders, 11413-11414 02-6124 PROPOSED RULES Pizza identity standards; elimination, 11450-11451 02-6125 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Fresno County, 11461-11462 02-6105 Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 11514-11515 02-6165 Resource management plans, etc.: Santa Rosa and San Jacinto Mountains National Monument, CA, 11515-11516 02-6166 GSA General Services Administration RULES Federal Management Regulation:

Annual real property inventories, 11424-11425 02-5775 Government Government Printing Office NOTICES Meetings: Depository Library Council, 11484-11485 02-6093 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Cased pencils from— China, 11462-11463 02-6178 Granular polytetrafluoroethylene resin from— Italy, 11463 02-6177 Hot-rolled flat-rolled carbon quality steel products from— Brazil, 11463-11465 02-6175 Porcelain-on-steel cookware from— Mexico, 11465 02-6174 Potassium permanganate from— China, 11466 02-6176 North American Free Trade Agreement (NAFTA); binational panel reviews: Gray portland cement and clinker from— Mexico, 11466 02-6106 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities:

Proposed collection; comment request, 11517 02-6109 Labor Labor Department NOTICES Committees; establishment, renewal, termination, etc.: Employee Welfare and Pension Benefit Plans Advisory Council, 11517-11518 02-6164 Land Land Management Bureau NOTICES Meetings: Santa Rosa and San Jacinto Mountains National Monument Advisory Committee, 11514-11515 02-6165 Public land orders: Oregon, 11515 02-6119 Resource management plans, etc.: Santa Rosa and San Jacinto Mountains National Monument, CA, 11515-11516 02-6166 NASA National Aeronautics and Space Administration NOTICES Environmental statements; availability, etc.:

Expendable launch vehicles; routine payloads, 11518-11519 02-6169 Presidential Presidential Documents ADMINISTRATIVE ORDERS Iran, continuation of national emergency (Notice of March 13, 2002), 11551-11553 02-6376 Public Public Health Service See Agency for Healthcare Research and Quality See Food and Drug Administration Reclamation Reclamation Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 11516-11517 02-6113 Research Research and Special Programs Administration PROPOSED RULES Hazardous materials:

Registration fees; temporary reduction; status of rulemaking, 11456 02-6122 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 11521 02-6215 Self-regulatory organizations; proposed rule changes: Depository Trust Co. et al., 11521-11526 02-6162 National Association of Securities Dealers, Inc., 11526 02-6160 National Association of Securities Dealers, Inc., et al., 11526-11541 02-6159 Stock Clearing Corp. of Philadelphia, 11541-11542 02-6161 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 11519-11520 02-6103 Rottlund Co., Inc., 11520 02-6163 Special Special Counsel Office NOTICES Agency information collection activities:

Proposed collection; comment request, 11542-11543 02-6168 State State Department NOTICES Art objects; importation for exhibition: Greuze the Draftsman, 11543 02-6150 Quest for Immortality: Treasures of Ancient Egypt, 11543 02-6151 Grants and cooperative agreements; availability, etc.: Balkans Junior Faculty Development Program, 11543-11545 02-6149 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Bulkmatic Railroad Corp., 11547-11548 02-6023 Pennsylvania Lines LLC et al., 11548 02-6022 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Research and Special Programs Administration See Surface Transportation Board Veterans Veterans Affairs Department NOTICES Meetings:

President's Task Force to Improve Health Care Delivery for Our Nation's Veterans, 11548 02-6104 Separate Parts In This Issue Part II The President, 11551-11553 02-6376 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 50 Thursday, March 14, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 75 [Docket Number LS-01-07] Increase in Fees for Voluntary Federal Seed Testing and Certification Services and Establishment of a Fee for Preliminary Test Reports AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is increasing the hourly fee rate charged for voluntary Federal seed testing and certification services and establishing a fee for issuing preliminary test reports. The fee rate is increased to cover increases in salaries of Federal employees, rent, supplies, replacement equipment, and other increased Agency costs. A new fee is established to recover the cost of providing preliminary test reports. EFFECTIVE DATE: April 15, 2002. FOR FURTHER INFORMATION CONTACT: Richard C. Payne, Chief, Seed Regulatory and Testing Branch, Livestock and Seed Program, AMS, USDA, Room 209, Building 306, BARC-East, Beltsville, Maryland 20725-2325; Telephone:

(301)504-9430, Fax:

(301)504-8098; e-mail: *Richard.Payne2@usda.gov.* SUPPLEMENTARY INFORMATION: A. Executive Order 12866 This rule has been received by the Office of Management and Budget and has been determined to be not significant for purposes of Executive Order 12866. B. Regulatory Flexibility Act Pursuant to the requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), the AMS has considered the economic impact of this action on small entities. It has determined that its provisions will not have a significant economic impact on a substantial number of small entities. The AMS provides, under the authority of the Agricultural Marketing Act

(AMA)of 1946, a voluntary, user-fee funded seed testing and certification service to approximately 65 businesses per year. Many of the users of the testing and certification services would be considered small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). Over ninety-five percent of the samples tested in this program represent seed and grain scheduled for export. Grain is examined for the presence of specified weed and crop seeds upon request of the USDA's Grain Inspection, Packers and Stockyards Administration. A Federal Seed Analysis Certificate, containing purity, germination, noxious-weed seed examination, and other test results is issued upon completion of the testing. The Federal Seed Analysis Certificate is required documentation for shipments of seed and grain from the United States entering certain countries. The AMS regularly reviews its user fee financed programs to determine if the fees are adequate. The most recent review determined that the existing fee schedule will not generate sufficient revenues to cover program costs while maintaining an adequate reserve balance. Without a fee increase, FY 2002 revenues for seed testing and certification services are projected at $137,000, costs are projected at $172,000, and the trust fund balance is projected to be $47,000 or 3.28 months of operating reserve. With a fee increase, FY 2002 revenues are projected at $160,000, costs are projected at $174,000, and the trust fund balance is projected to be $68,000 or 4.69 months of operating reserve. This action will raise the hourly rate charged to users of the seed testing and certification services. This fee increase is necessary to offset increased program operating costs resulting from:

(1)Salary increases for all Federal employees in 2001 and 2002,

(2)increases in rent,

(3)increases in costs of supplies needed for testing samples, and

(4)purchases of replacement equipment needed to provide the service. The AMS estimates that this rule will yield an additional $22,000 during FY 2002. The hourly rate for seed testing and certification services will increase by approximately 17 percent. The costs to entities will be proportional to their use of the service, so that costs are shared equitably by all users. The increase in costs to individual firms will be, on average, approximately $13.00 per Federal Seed Analysis Certificate issued. There will also be an increase of $1.90 for each duplicate certificate issued. In addition, this action will establish a fee of $13.00 to recover the cost of issuing preliminary test reports. C. Civil Justice Reform This action 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 that must be exhausted prior to any judicial challenge to the provisions of this rule. D. Paperwork Reduction Act The information collection requirements that appear in part 75 of the regulations have been previously approved by OMB and assigned OMB Control Number 0581-0140 under the Paperwork Reduction Act (44 U.S.C. chapter 35). Background and Changes The USDA is authorized by the AMA of 1946, as amended, 7 U.S.C. 1621 *et seq.* , to provide voluntary Federal seed testing and certification services to facilitate the orderly marketing of seed and grain and to enable consumers to obtain the quality of seed and grain they desire. The AMA provides that reasonable fees be collected from users of the program services to cover, as nearly as practicable, the costs of services rendered. The AMS regularly reviews programs to determine if fees are adequate and if costs are reasonable. This action will increase the hourly fee rate and charges for voluntary seed testing and certification services provided to the seed and grain industries to reflect the costs currently associated with providing the services. A recent review of the current hourly fee rate, effective March 1, 2001, revealed that anticipated revenue will not cover increased program costs. Without a fee increase, FY 2002 revenues for seed testing and certification services are projected at $137,000, costs are projected at $172,000, and the trust fund balance is projected to be $47,000 or 3.28 months of operating reserve. With a fee increase, FY 2002 revenues are projected at $160,000, costs are projected at $174,000, and the trust fund balance is projected to be $68,000 or 4.69 months of operating reserve. The hourly fee for service is established by distributing the projected annual program operating costs over the estimated revenue hours of service provided to users of the service. Revenue hours include the time spent conducting tests, keeping sample logs, preparing Federal Seed Analysis Certificates and storing samples. As program operating costs continue to rise, the hourly fees must be adjusted to enable the program to remain financially self-supporting as required by law. Program operating costs include the salaries and fringe benefits of seed analysts, supervision, training, and all administrative costs of operating the program. Employee salaries and benefits account for approximately 75 percent of the total budget. A general and locality salary increase of 3.81 percent for 2001 and 4.77 percent for 2002 for Federal employees involved in the seed testing and certification service became effective in January 2002 and will affect program costs. This fee increase is necessary to offset increased program operating costs resulting from:

(1)Salary increases for all Federal employees for 2002,

(2)increases in rent,

(3)increases in costs of supplies needed for testing samples, and

(4)purchases of replacement equipment needed to provide the service. In view of these increases in costs, the Agency is increasing the hourly rate charged to applicants for the service, including the issuance of Federal Seed Analysis Certificates from $44.40 to $52.00. The fee for issuing additional duplicate certificates is increasing from $11.10 to $13.00 and a fee of $13.00 is established for issuing preliminary reports. This action will recover the costs associated with providing the voluntary testing service to the seed and grain industry. Although the user-fee increase will increase costs to individual firms, the cost for providing the seed testing and certification services will increase by an average of only $13.00 per Federal Seed Analysis Certificate and $1.90 for each duplicate certificate. It is estimated that the total revenue generated will increase by approximately $22,000 annually. Summary of Public Comment A notice of proposed rulemaking was published in the **Federal Register** (66 FR 53550) on October 23, 2001. No comments were received. List of Subjects in 7 CFR Part 75 Administrative practice and procedure, Agricultural commodities, Reporting and recordkeeping requirements, Seeds, Vegetables. For the reasons set forth in the preamble, 7 CFR part 75 is amended as follows: PART 75—REGULATIONS FOR INSPECTION AND CERTIFICATION OF QUALITY OF AGRICULTURAL AND VEGETABLE SEEDS 1. The authority citation for part 75 continues to read as follows: Authority: 7 U.S.C. 1622 and 1624. § 75.41 [Amended] 2. In § 75.41, “$44.40” is removed and “$52.00” is added in its place. 3. In § 75.43, a new paragraph

(c)is added to read as follows: § 75.43 Laboratory testing

(c)The charge for a preliminary report issued prior to completion of testing shall be $13.00 and billed in accordance with paragraph

(a)of this section. § 75.47 [Amended] 4. In § 75.47, “$11.10” is removed and “$13.00” is added in its place. Dated: March 11, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-6142 Filed 3-13-02; 8:45 am]

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