Unknown. Interim final rule with request for comments and notice of referenda results

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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-2002-05-23.xml --- 67 100 Thursday, May 23, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panels, 36193 02-13021 Agricultural Agricultural Marketing Service RULES Tobacco inspection: Mandatory grading; producer referenda, 36079-36081 02-12892 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Acute Care, Rehabilitation, and Disability Prevention Research, 36193 02-12932 Dissemination Research of Effective Interventions to Prevent Unintentional Injuries, 36194 02-12934 Human immunodeficiency virus (HIV)— Zimbabwe; support for civil society organizations, 36194-36196 02-12931 National Cancer Prevention and Control Program, 36196-36197 02-12933 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 36147-36148 02-13169 Coast Guard Coast Guard RULES Ports and waterways safety:

St. Petersburg Harbor, FL; security zones, 36098-36099 02-13005 PROPOSED RULES Ports and waterways safety: Portsmouth Harbor, NH; safety and security zones, 36122-36124 02-13006 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Customs Customs Service RULES Merchandise entry: Reusable shipping devices arriving from Canada and Mexico, 36096-36097 02-12938 NOTICES Tariff classifications:

Textile slippers; petition, 36301-36303 02-12939 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Advanced Placement Incentive Program, 36162-36165 02-13023 Advanced Placement Test Fee Program, 36165-36166 02-13024 School Leadership Program, 36159-36162 02-13022 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 36166-36167 02-12977 Energy Energy Efficiency and Renewable Energy Office RULES Consumer products; energy conservation program: Energy conservation standards—- Central air conditioners and heat pumps, 36367-36408 02-12680 NOTICES Environmental statements; availability, etc.: Residential central air conditioners and heat pumps; energy conservation standards, 36408-36409 02-12681 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California, 36105-36108 02-12839 Pennsylvania, 36108-36109 02-12837 Hazardous waste: Identification and listings— Exclusions, 36110-36112 02-12964 PROPOSED RULES Air pollutants, hazardous; national emission standards: Municipal solid waste landfills, 36459-36473 02-12845 Air pollution; standards of performance for new stationary sources: Municipal solid waste landfills; clarifications, 36475-36481 02-12844 Air quality implementation plans; approval and promulgation; various States:

California, 36136-36137 02-12840 Colorado, 36124-36134 02-12965 Pennsylvania, 36137 02-12838 Air quality planning purposes; designation of areas: Alaska, 36135-36136 02-12966 NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 36171-36172 02-12967 Grants and cooperative agreements; availability, etc.: Watershed Initiative; design process, 36172-36176 02-12968 Meetings: National Environmental Justice Advisory Council, 36176 02-12970 Pesticide, food, and feed additive petitions:

MeadWestaco Corp., 36176-36178 02-12976 Sankyo Co., Ltd., 36178-36184 02-12975 Water supply: Public water supply supervision program— South Carolina, 36184-36185 02-12969 Tennessee, 02-12971 36185-36186 02-12972 Export Export-Import Bank NOTICES Mexico: Aluminum engine blocks; equipment and other goods and services sent on behalf of U.S. exporter; finance application, 36186 02-12951 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 36081-36090 02-12633 02-12634 02-12635 General Electric Co., 36090-36092 02-12631 Pratt & Whitney, 36092-36093 02-12630 PROPOSED RULES Airworthiness directives:

Airbus, 36119-36122 02-12948 NOTICES Aviation insurance: Third party war risk liability insurance, 36295 02-13004 FCC Federal Communications Commission RULES Common carrier services: Commercial mobile radio services— Wireless enhanced 911 emergency calling; use of non-initialized wireless phones, 36112-36117 02-12993 PROPOSED RULES Digital television stations; table of assignments: Georgia, 36137-36138 02-13028 NOTICES Common carrier services: In-region interLATA services— BellSouth Corp. et al.; application to provide services in Georgia and Louisiana, 36186-36188 02-12978 Federal Energy Federal Energy Regulatory Commission RULES Practice and procedure:

Electronic filing of FERC Form 1, and elimination of certain designated schedules in FERC Form Nos. 1 and 1-F, 36093-36096 02-12798 NOTICES Electric rate and corporate regulation filings: Cinergy Services, Inc., et al., 36168-36169 02-12899 Front Range Power Co., LLC, et al, 36169-36170 02-12941 Hydroelectric applications, 36170 02-12962 Meetings: Transmission providers; standards of conduct; technical conference, 36170-36171 02-12946 *Applications, hearings, determinations, etc.:* Calpine Texas Pipeline, L.P., 36167 02-12945 FPL Energy Maine Hydro LLC, 36167 02-12943 Gulfstream Natural Gas System, L.L.C., 36167-36168 02-12942 PacifiCorp, 36168 02-12944 Tennessee Gas Pipeline Co.; technical conference, 36168 02-12947 FTC Federal Trade Commission RULES Customer information; safeguard standards, 36483-36494 02-12952 NOTICES Prohibited trade practices:

Aurora Associated Primary Care Physicians, L.L.C., et al., 36188-36190 02-12954 Physician Integrated Services of Denver, Inc., et al., 36190-36192 02-12953 Fish Fish and Wildlife Service NOTICES Meetings: National Wildlife Refuge System Centennial Commission, 36212-36213 02-12955 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Decoquinate and chlortetracycline, 36097-36098 02-12873 NOTICES Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— Ardeparin sodium injection, 36197-36198 02-12874 Reports and guidance documents; availability, etc.:

Carcinogenicity Study Protocol Submissions, 36198 02-12872 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Fresno County, 36147 02-12884 Plumas County, 36147 02-12930 GSA General Services Administration NOTICES Travel and transportation; Standard Tender of Service Fuel related general rate adjustment, 36192-36193 02-12901 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Health workforce research, 36198-36200 02-12928 Rural Access to Emergency Devices Program, 36200-36202 02-12481 Housing Housing and Urban Development Department PROPOSED RULES Low income housing: Housing assistance payments (Section 8)— Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program (2003 FY); fair market rents, 36305-36365 02-12716 NOTICES Agency information collection activities: Proposed collection; comment request, 36211-36212 02-12887 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping:

Silicomanganese from— Various countries, 36149-36151 02-13007 Sulfanilic acid from— Hungary, 36151 02-13009 Antidumping and countervailing duties: Administrative review requests, 36148-36149 02-13008 International International Trade Commission NOTICES Import investigations: Polyethylene terephthalate yarn and products containing same, 36225-36226 02-12880 Meetings; Sunshine Act, 36226 02-13117 Justice Justice Department See Justice Programs Office NOTICES Pollution control; consent judgments:

Centel Corp. et al., 36226 02-12876 LTV Steel Co., Inc., 36226-36227 02-12877 Oil & Solvent Process Co. et al., 36227 02-12875 Justice Justice Programs Office NOTICES Agency information collection activities: Proposed collection; comment request, 36227-36228 02-12900 Labor Labor Department See Occupational Safety and Health Administration NOTICES Agency information collection activities: Submission for OMB review; comment request; correction, 36228 02-12956 Grants and cooperative agreements; availability, etc.:

Bolivia and Peru; combating child labor through education, 36228-36244 02-12960 Pakistan; combating child labor through education, 36244-36260 02-12961 Land Land Management Bureau NOTICES Classification of public lands: Arizona, 36213-36214 02-12909 Coal leases, exploration licenses, etc.: Wyoming, 36214 02-12913 02-12914 Environmental statements; availability, etc.: Flat Canyon Coal Tract, UT, 36214-36215 02-12950 Environmental statements; notice of intent: California Desert Conservation Area Plan, CA; off-road vehicles areas and trails designations, 36215 02-12919 Meetings:

Resource Advisory Councils— Sierra Front-Northwestern Great Basin, 36215 02-12908 Southeast Oregon, 36215-36216 02-12918 Utah, 36216 02-12921 Motor vehicle use restrictions: California, 36216 02-12927 Colorado, 36216-36217 02-12912 Nevada, 36217 02-12904 Oregon, 36218 02-12917 Oil and gas leases: Utah, 36218 02-12922 Opening of public lands: Nevada, 36219 02-12903 Realty actions; sales, leases, etc.: Alaska, 36219 02-12905 Colorado, 36219-36220 02-12926 Nevada, 36220 02-12902 Utah, 36220-36221 02-12907 Wyoming, 36221-36223 02-12906 02-12910 02-12925 Resource management plans, etc.:

Elko and Wells Resource Areas, NV, 36223-36224 02-12924 Lower Gila Resource Area, AZ, 36224 02-12923 Withdrawal and reservation of lands: New Mexico, 36225 02-12916 NIH National Institutes of Health NOTICES Agency information collection activities: Proposed collection; comment request, 36202 02-13015 Inventions, Government-owned; availability for licensing, 36202-36203 02-13018 Meetings: National Institute of Allergy and Infectious Diseases, 36203 02-13010 National Institute of Child Health and Human Development, 36204-36205 02-13012 02-13013 02-13014 National Institute on Aging, 36204 02-13011 Patent licenses; non-exclusive, exclusive, or partially exclusive:

CanFite BioPharma, Ltd., 36205-36206 02-13016 Potomac Pharma, Inc., 36206 02-13017 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 36139-36146 02-12779 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Vandenberg Air Force Base, CA; Delta IV/Evolved Expendable Launch Vehicle; Pacific harbor seals, etc., 36151-36158 02-13020 Permits:

Endangered and threatened species, 36158 02-13019 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: Public safety communications interoperability; current and emerging solutions; summit, 36158-36159 02-12937 Nuclear Nuclear Regulatory Commission PROPOSED RULES Radioactive material; packaging and transportation: International Atomic Energy Agency transportation safety standards (TS-R-I) and other transportation safety amendments; compatibility Stakeholders input; meetings, 36118-36119 02-12991 NOTICES Environmental statements; availability, etc.:

Holtec International, 36270-36271 02-12992 *Applications, hearings, determinations, etc.:* Vermont Yankee Nuclear Power Corp., 36269-36270 02-12990 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: MET Laboratories, Inc., 36260-36263 02-12957 Variance applications, etc.: American Boiler & Chimney Co. and Oak Park Chimney Corp., 36263-36269 02-12959 Patent Patent and Trademark Office RULES Patent cases: Trademark correspondence filing via Express Mail, 36099-36102 02-12878 Postal Postal Service NOTICES Domestic rates, fees, and mail classifications:

Changes, 36411-36457 02-12864 Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration PROPOSED RULES Hazardous materials: Hazardous materials transportation— Offerors and transporters; security requirements; correction, 36138-36139 02-13003 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Exemption applications— SA Funds-Investment Trust et al., 36271-36273 02-12980 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 36273-36276 02-12897 Chicago Board Options Exchange, Inc., 36276-36280 02-12981 02-12982 02-12984 National Association of Securities Dealers, Inc., 36280-36281 02-12983 02-12986 Pacific Exchange, Inc., 36281-36286 02-12895 02-12985 Philadelphia Stock Exchange, Inc., 36286-36291 02-12894 02-12896 02-12898 SBA Small Business Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 36291 02-12883 Disaster loan areas: Kentucky, 36291 02-12882 Virginia, 36291 02-12881 Social Social Security Administration NOTICES Agency information collection activities: Proposed collection and submission for OMB review; comment request, 36291-36292 02-12879 State State Department NOTICES Agency information collection activities: Proposed collection; comment request, 36292-36293 02-12999 Submission for OMB review; comment request, 36293-36294 02-13000 Art objects; importation for exhibition:

Michael Sweerts (1618-1664), 36294-36295 02-13002 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Ecstasy, Other Club Drugs, Methamphetamine and Inhalant Prevention Intervention, 36206-36208 02-13026 Mental Health Services Center— State Mental Health Data Infrastructure Grants, 36208-36209 02-12935 Suicide Prevention Technical Resource Center, 36209-36211 02-12936 Targeted Capacity Expansion Program, 36211 02-13025 Meetings:

Drug Testing Advisory Board, 36211 02-13027 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: ParkSierra Corp., 36295-36297 02-12995 02-12997 02-12998 RailAmerica, Inc., et al., 36297-36298 02-12996 Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 36298 02-12994 Pine Belt Southern Railroad Co., Inc., 36299 02-12818 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Customs Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 36299-36301 02-12888 02-12889 02-12890 02-12891 Veterans Veterans Affairs Department RULES Board of Veterans Appeals— Appeals regulations and rules of practice— Attorney fee matters, 36102-36105 02-12866 Veterans Veterans Employment and Training Service NOTICES Meetings: Veterans Employment and Training Advisory Committee, 36303 02-12958 Separate Parts In This Issue Part II Housing and Urban Development Department, 36305-36365 02-12716 Part III Energy Department, Energy Efficiency and Renewable Energy Office, 36367-36409 02-12680 02-12681 Part IV Postal Service, 36411-36457 02-12864 Part V Environmental Protection Agency, 36459-36473 02-12845 Part VI Environmental Protection Agency, 36475-36481 02-12844 Part VII Federal Trade Commission, 36483-36494 02-12952 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. 67 100 Thursday, May 23, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 29 [Docket No. TB-02-11] Tobacco Inspection; Mandatory Grading AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments and notice of referenda results. SUMMARY: Pursuant to the requirements of section 759 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for 2002 (Appropriations Act), referenda were conducted during the periods of March 11-15, 2002, and March 18-22, 2002, among producers of each type of tobacco eligible for price support. A majority of producers favored mandatory grading for flue-cured tobacco, types 11, 12, 13, 14; burley tobacco, type 31;

Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; and dark air-cured tobacco, types 35 and 36. This interim final rule amends the regulations to provide mandatory grading for these types of tobacco. Producers of cigar filler and binder tobacco, types 42, 43, 44, 53, 54, and 55 did not approve mandatory grading. This rule will also reduce the fee for mandatory inspection from $0.01 per pound to $0.009 per pound.

DATES: Effective May 24, 2002; comments received by July 22, 2002 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), United States Department of Agriculture (USDA), STOP 0280, 1400 Independence Avenue, SW., Washington, DC 20250-0280. Comments will be available for public inspection at this location during regular business hours between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy Administrator, Tobacco Programs, AMS, USDA, STOP 0280, 1400 Independence Avenue, SW., Washington, DC 20250-0280; telephone number

(202)205-0567. SUPPLEMENTARY INFORMATION: In accordance with Section 759 of the Appropriations Act (Pub. L. 107-76; 7 U.S.C. 511s), USDA conducted referenda among producers of each kind of tobacco that is eligible for price support under the Agricultural Act of 1949 (7 U.S.C. 1421 *et seq.* ) to determine whether a majority of producers of a kind of tobacco voting in the referendum favored the mandatory grading of that kind of tobacco. A notice of referenda was published in the **Federal Register** on March 5, 2002 (67 FR 9895) together with a final rule establishing procedures for the referenda. The USDA's Farm Service Agency

(FSA)certified the results of the referenda on March 27, 2002, and April 3, 2002. A majority of producers voting in the referenda favored the mandatory grading of flue-cured tobacco, types 11, 12, 13, and 14; burley tobacco, type 31; Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; and dark air-cured tobacco, types 35 and 36. Producers of cigar filler and binder tobacco, types 42, 43, 44, 53, 54, and 55 did not approve mandatory grading. The Appropriations Act provided that, if a majority of the producers voting in the referenda favored the mandatory grading of that kind, USDA was directed to ensure that the kind of tobacco is graded at the time of sale for the 2002 and subsequent marketing years. The USDA was also directed to establish user fees for any such inspections. To the maximum extent practicable, these fees must be established, collected, and used in the same manner as user fees for the grading of tobacco sold at auction authorized under the Tobacco Inspection Act (7 U.S.C. 511 *et seq.* ). In this interim final rule, AMS is amending 7 CFR part 29, subpart B, regulations, to provide for mandatory grading at places other than designated tobacco auction markets. The regulations prior to the effective date of this interim rule only required grading of tobacco that was sold at auction on designated markets as set forth in § 29.8001. The regulations are amended in this rule to include producer tobacco sold at locations (receiving stations) where tobacco is offered for marketing or shipment into commerce, other than at designated auction markets. Additionally, the regulations are amended, at subpart B, to reference the implementing authority contained in the Appropriations Act. The Tobacco Inspection Act will continue to be referenced for kinds of tobacco sold at auction on designated markets not required under the Appropriations Act. In the past, producers sold almost all of their tobacco at auction on designated markets. Last year, most producer tobacco was sold under contract and was delivered to receiving stations operated by buying concerns. Some of this tobacco was graded under the permissive grading program. This rule adds a definition of “receiving station” as meaning “Points at which producer tobacco is offered for marketing (other than sale at auction on a designated market), including tobacco auction warehouses, packing houses, prizeries, or places where tobacco is handled or stored.” This definition is intended to be flexible enough to cover the circumstances in which producer tobacco may be marketed. Also, the regulations are amended to provide for proper display of tobacco, adequate space to perform inspections at receiving stations and the issuance of an inspection certificate. The requirements are similar to those at auction markets but are flexible because conditions will differ at the receiving stations. When the tobacco is inspected or graded by the receiver, the tobacco must be made available for mandatory inspection at the same time and at the same location within the receiving station. In order to provide a meaningful service to growers, who are paying for the inspection service, it is necessary to require the proper display of the tobacco and to require that the mandatory inspection be conducted at the same time and under the same conditions as any other inspections, and that the results be readily available to the producer. It is also necessary to provide that, as at auction markets, no one may interfere with the inspector in the process of grading tobacco. The user fee for mandatory inspection of tobacco was increased from $.0083 to $.0100 per pound in 2001 to cover the costs of performing grading services and to maintain an adequate reserve to cover program financial responsibilities. During the 2001 crop-year, the Department only graded 31 percent of the total amount of tobacco marketed. However, with the adoption of mandatory grading of all tobacco, except cigar types, approximately 98 percent of tobacco marketed will require federal grading for the 2002 and subsequent crop years. As a result of resources being more efficiently utilized over a larger geographical area and the additional revenue generated, the Department will reduce the user fee from $.010 to $.009 per pound. The reduced fee was recommended by the National Advisory Committee for Tobacco Inspection Services at its meeting on April 16, 2002. The AMS reviews its user fee programs annually to determine if fees are adequate. The most recent review determined that the existing fee schedule was more than adequate for the 2002 crop-year and would exceed the target level for the operating reserve balances. Due to an estimated 69 percent increase in tobacco to be inspected for the 2002 crop-year, obligations are estimated at $10,152,000 and revenues are expected to be $8,503,000 for a loss of $1,649,000. An analysis of available data indicates that a fee of $.009 per pound would result in maintaining the operating reserve balance at $6,279,000 for the 2002 crop-year and $4,357,000 for the 2003 crop-year which is adequate to meet financial obligations. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because the tobacco marketing season will begin on July 1 and this action is needed, as soon as possible, to fulfill the requirements of the statute to implement mandatory grading for the 2002 marketing season. Operators of receiving stations need to know as soon as possible what requirements they must meet so that orderly marketing is not disrupted. Billing systems and programs must be in place at receiving stations and auction markets to apply the reduced fees at the beginning of the marketing season. This interim final rule provides a 60-day comment period, and all comments timely received will be considered prior to the finalization of this rule. Executive Order 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 the Office of Management and Budget. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. The rule will not exempt 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. Regulatory Flexibility Act and Paperwork Reduction Act In conformance with the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), consideration has been given to the potential economic impact upon small business. All tobacco warehouses and producers fall within the confines of “small business” which are defined by the Small Business Administration (13 CFR 12.201) 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 $3,500,000. There are about 190 tobacco warehouses and about 450,000 tobacco producers. There will also be about 35 receiving stations, most of which will be operated under contract at former tobacco auction warehouses and a few of which will be operated at tobacco auction warehouses. These would also be small businesses. It has been determined that this rule will not have a significant economic impact on a substantial number of small entities. The requirements of this rule are the minimum necessary for the implementation of the requirements of the Appropriations Act for the mandatory inspection of tobacco. The provisions are similar, but somewhat more flexible, that the requirements for the inspection and certification of tobacco sold at auction on designated markets, which have previously been determined not to have a significant economic impact on a substantial number of small entities. The information collection requirements that appear in Part 29 have been previously approved by the Office of Management and Budget under OMB Control No. 0581-0056. List of Subjects in 7 CFR Part 29 Administrative practice and procedure, Advisory committees, Government publications, Imports, Pesticides and pests, Reporting and recordkeeping procedures, 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 subpart B is revised to read as follows: Authority: 7 U.S.C. 511m, 511r, and 511s. 2. Section 29.40 is revised to read as follows: § 29.40 Mandatory inspection. Inspection authorized or required under section 5 of the Act or Section 759 of the Appropriations Act. 3. A new § 29.41 is added under the undesignated centerheading “Definitions” to read as follows: § 29.41 The Appropriations Act. The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for 2002 (Pub. L. 107-76). 4. A new § 29.42 is added under the undesignated centerheading “Definitions” to read as follows: § 29.42 Receiving station. Points at which producer tobacco is offered for marketing (other than sale at auction on a designated market), including tobacco auction warehouses, packing houses, prizeries, or places where tobacco is handled or stored. 5. Section 29.71 is revised to read as follows: § 29.71 Mandatory inspection. Mandatory inspection consists of:

(a)Inspecting and certifying tobacco under the Act on designated markets before it is offered for sale at auction; or

(b)Inspecting and certifying tobacco at receiving stations under the Appropriations Act at the time the tobacco is delivered for sale. 6. Section 29.72 is revised to read as follows: § 29.72 Where mandatory inspection is required.

(a)*Auction.* All tobacco offered for sale at auction on a market designated in accordance with the Act and § 29.73 shall be inspected and certificated under the Act upon the date specified by the Secretary in public notice of such designation, and thereafter, except when the requirement of such inspection and certification is temporarily suspended by the Deputy Administrator in accordance with the Act and the regulations in this subpart.

(b)*Other.* Tobacco of the kinds specified below offered for sale by the producers thereof at receiving stations shall be inspected and certificated under the Appropriations Act at the time of delivery and prior to change of ownership. The specified kinds are flue-cured tobacco, types 11, 12, 13, and 14; burley tobacco, type 31; Kentucky-Tennessee fire-cured tobacco, types 22 and 23; Virginia fire-cured tobacco, type 21; Virginia sun-cured tobacco, type 37; and dark air-cured tobacco, types 35 and 36. 7. In § 29.75, paragraph

(a)is revised and a new paragraph

(e)is added to read as follows: § 29.75 Accessibility of tobacco.

(a)All tobacco subject to mandatory inspection shall be made readily accessible for inspection.

(e)Each receiving station operator shall make tobacco accessible to the inspector for proper examination including any necessary display in adequate light for determination of grade, class, type, or other characteristics. 8. A new § 29.75c is added to read as follows: § 29.75c Display of tobacco at receiving stations. Each lot of tobacco delivered for sale at receiving stations and transferred to a conveyor system for unloading shall maintain a distance between adjacent lots of not less than 18 inches during the inspection process. The platform area used for examination with a conveyor system shall be a minimum of 4 × 4 feet. Any lots of tobacco displayed in a manner other than a conveyor system shall maintain a minimum clearance of 18 inches on all sides. If the tobacco is inspected or graded by the recipient, it shall be made available for mandatory inspection at the same time and location within the receiving station. 9. Section 29.81 is revised to read as follows: § 29.81 Interference with inspectors.

(a)*Auction.*

(1)No person, including the owner, producer, warehouseman, purchaser, agent, or employee thereof shall attempt, in any manner, to influence an inspector with respect to the grade designation of tobacco, or impede, in any manner, an inspector while the inspector is in the process of grading tobacco on the warehouse auction floor, or ask any question or discuss any matter pertaining to the grading of tobacco while the inspector is grading any tobacco on the warehouse auction floor. While inspectors are engaged in grading the day's sale, all requests for information concerning the grade designation on or requests to review the grade of any lot of tobacco shall be made only to the head grader or to the market supervisor grader.

(2)In the event that the head grader or market supervisor grader determines that a person has violated any provision of this section, inspection ticket(s) if already issued on the lot(s) of unsold tobacco involved shall be null and void and no further inspection shall be performed on such lot(s) offered for sale by the warehouseman in whose premises the violation occurred until the next regularly-scheduled sale for such warehouse: Provided, That if violation consists of talking to the inspector while he/she is grading the tobacco, a warning shall be given on first offense and penalty provisions shall apply on any subsequent offense. A reduction in daily sales for any warehouse resulting from a violation of this section shall not prevent the maximum number of lots or pounds allotted per day per set of buyers from being sold in a designated market.

(b)*Other.* No person, including the owner, producer, receiving station operator, purchaser, agent, or employee thereof shall attempt, in any manner, to influence an inspector with respect to the grade designation of tobacco, or impede, in any manner, an inspector while the inspector is in the process of grading tobacco.

(c)*Administrative Remedies.* The provisions of this section shall not preclude the application of other administrative remedies or the institution of criminal proceedings in appropriate cases as provided by the Act. 10. In § 29.123, paragraph

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

(a)*Mandatory inspection.* The inspection and certification fee is $0.009 per pound. The fee shall be paid by sellers of tobacco and assessed against the warehouse or receiving station operator irrespective of ownership or interest in the tobacco. When the warehouse or receiving station operator pays the Department, it is presumed the fee was collected from the seller. Inspection and related services shall be suspended or denied if the warehouse or receiving station operator fails to pay the fees and charges imposed under this section. The fee shall be based on total poundage of tobacco inspected and sold during each calendar month. The fee shall be due and payable on the first day of the immediately following month and on the day immediately following the last sale each marketing year. Mandatory inspection and certification services shall take precedence over permissive inspections, other than reinspections. Dated: May 17, 2002. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 02-12892 Filed 5-22-02; 3:21 pm]

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